Wrongful Death

Lawsuit Against Pet Store Claims General Negligence After Boy Allegedly Dies from Rat Bite

February 27, 2014 | Lebowitz & Mzhen

The family of a child who died of an infection possibly contracted from a rat bite has filed a lawsuit against the pet store that sold them the rat. The medical examiner ruled the cause of death to be a bacterial infection sometimes known as “rat-bite fever.” The lawsuit alleges general negligence, claiming that the pet store, part of the national chain Petco, failed to warn of the dangers associated with owning a rat as a pet. The plaintiffs are seeking both compensatory and punitive damages.

The ten year-old boy, who lived in San Diego, California, reportedly purchased the rat from a Petco store with his grandmother on May 27, 2013. He began experiencing severe pain at around midnight on June 11, including a fever and stomach pain. Paramedics took him to the hospital, but he died about an hour later. After conducting an autopsy, the medical examiner determined that he died of streptobacillus monliformis infection, or rat-bite fever.

According to the Centers for Disease Control and Prevention (CDC), people can contract this infection from infected rodents via a bite or scratch, or by ingesting food or water contaminated with the bacteria. Common symptoms include fever, chills, and joint pain or stiffness. The infection can be serious and even fatal, with a mortality rate of ten percent, if left untreated. A significant risk of delayed diagnosis exists because the initial symptoms are often nonspecific and the bacterium itself is reportedly difficult to culture. As rats become more popular as pets, some clinicians have expressed concern about increased risk of exposure.

Lawsuit Against District Alleging Failure to Supervise Group Home Resident May Proceed, Court Rules

January 21, 2014 | Lebowitz & Mzhen

The U.S. District Court for the District of Columbia partly granted and partly denied a motion to dismiss brought by the defendant in a lawsuit alleging failure to supervise a group home resident. Colbert, et al v. District of Columbia, et al, No. 1:13-cv-00531, opinion (D.D.C., Dec. 13, 2013). The plaintiff sued the District of Columbia and a private contractor operating a group home, asserting various tort claims and a constitutional claim after her daughter, a developmentally disabled woman, became pregnant while in the custody of the District. The court declined to dismiss the suit outright, but it dismissed the constitutional claim without prejudice, giving the plaintiff an opportunity to amend her complaint. If the court dismisses that claim with prejudice, it may lose subject matter jurisdiction over the remaining claims based on DC law.

The plaintiff’s daughter, identified in the court’s opinion as KC, was hospitalized at the District’s request in the fall of 2008. A psychological assessment determined that KC needed 24/7 care and supervision, so she went to live at a group home operated by a contractor, Total Care Services, Inc. According to the plaintiff, KC had a history of sexual abuse and neglect, a history of failing to take her medication consistently, and mental impairment.

Total Care and the District were aware of KC’s history and how it affected her condition, the plaintiff claims, but they allegedly allowed her to have unprotected and nonconsensual sex with multiple individuals. The plaintiff does not appear to claim that any employee of either Defendant participated in sexual activity with KC. KC became pregnant and gave birth to a girl named TC, who was born prematurely in April 2011. The plaintiff was awarded sole custody of TC, but she was born with significant health problems and required frequent surgeries and hospitalization. TC died nine days after her first birthday.

Wrongful Death Lawsuit Filed in Snorkeling Accident of University of Virginia Student

October 30, 2013 | Lebowitz & Mzhen

A Virginia family recently filed a lawsuit following their daughter’s December 2012 death during a Semester at Sea program in the Caribbean.

The 22 year old young woman was a University of Virginia student at the time of the accident, which happened last December in Dominica. She was reportedly struck by the propeller of a catamaran during a snorkeling excursion.

The lawsuit reportedly seeks funeral costs and other financial recovery. The complaint was filed in federal court in Miami against various defendants involved in operating the Semester at Sea program.

D.C. Judge Dismisses Delayed Ambulance Wrongful Death Case

September 27, 2013 | Lebowitz & Mzhen

This week, a Washington D.C. Superior Court judge dismissed a multimillion dollar wrongful-death lawsuit against the D.C. fire department. The lawsuit was filed by the family of a man who died of a heart attack while he was waiting for an ambulance that took some 30 minutes to arrive.

In the ruling, the judge affirmed the city’s motion to dismiss the case citing local sovereign immunity laws that shield District employees involved in “public duty” capacities from financial liability.

The lawsuit claimed the city was negligent by failing to provide a prompt response to the 911 emergency call for the 71 year old man who collapsed in his home.

Cloudy Pool Wrongful Death Lawsuit

September 12, 2013 | Lebowitz & Mzhen

It’s the type of situation all the more common during the summer months, but equally as terrifying no matter when it happens. The parents of an 8 year old boy who drowned over the summer in a private residential pool have filed a wrongful death suit against the pool’s owners.

According to the complaint, the young boy and his siblings were invited to swim in the pool where they were attending a baptism celebration with their parents on June 19.

The complaint further states that, “The defendants’ pool was extremely hazy or cloudy due to a chemical” that the homeowners had added to the water, and “As a result, most of the pool, including the bottom area, was not visible to persons looking into the pool.”

Family Files Wrongful Death Suit Against College in Football Player Death Case

August 19, 2013 | Lebowitz & Mzhen

The parents of a Frostburg State University football player filed a lawsuit against the school, claiming that their son died after a second concussion he sustained as a result of what the parents allege were “gladiatorial” high-speed drills, which caused players to suffer repeated blows to the head.

The wrongful death lawsuit alleges that the 22 year old player returned to the field, despite the fact that his forehead was bleeding, for four consecutive practice sessions during August of 2011. Even though he was visibly bleeding, the suit alleges, he was never checked to determine whether his helmet was fitted properly, nor checked for a concussion.

The lawsuit further states that one of the young man’s teammates described the manner in which the practices were run during that period as “out of control.” Additionally, the coaching staff reportedly treated all injuries, whether ankle sprains or potential brain injuries, the same and expected the students to play through them.

No Criminal Charges for Death in Maryland Late Term Abortion Case

May 28, 2013 | Lebowitz & Mzhen

Authorities released their determination regarding the case of a 29 year old New York teacher who was admitted to the hospital after reportedly complaining of chest pain and other discomfort and died just hours later, apparently having suffered massive internal bleeding into her abdominal cavity.

The investigation revealed that some four days before she died, the woman had visited a Germantown, Md., abortion clinic to begin the several day long procedure to terminate her 33 week pregnancy, which she reportedly sought after discovering her unborn child had developed fetal abnormalities.

According to other sources, following an investigation into the matter, Maryland authorities have decided to not bring any criminal charges against the doctor who performed the procedure, and further found “no deficiencies” in the woman’s care at the abortion facility.

Judge Finds National Park Service Negligent in Boy’s Fall Death

March 27, 2013 | Lebowitz & Mzhen

A Sacramento federal magistrate judge handed down his decision last week regarding a summer vacation turned tragedy. A 9-year-old boy was visiting the Lassen Volcanic National Park with his family in July of 2009, when the boy and his sister sat on a retaining wall in order to take some pictures. The wall quickly gave way, throwing both of the children down the mountainside, killing the boy and injuring his sister. The family filed a wrongful death and personal injury lawsuit against the park for its negligence in failing to maintain the wall.

In his ruling, the judge held that negligence on behalf of National Park Service officials caused the boy’s death when the wall gave way. He also reprimanded the park’s superintendent for making several fraudulent statements regarding evidence and interview attempts, and the alleged destruction of critical evidence relevant to the case.

The findings relate to destruction of documents during the discovery (evidence collection) portion of the case, including the shredding of an internal memorandum regarding the potential instability of the wall and other relevant documents. There were also damning statements from a governmental architect, and further evidence that the park superintendent lied about attempts to be interviewed by the park agency’s inspector. The wall was also torn down within weeks following the incident, further disallowing the inspector the opportunity to inspect the wall.

Dialysis Drug Subject of Wrongful Death Suits Countrywide

March 20, 2013 | Lebowitz & Mzhen

A Texas woman has filed a wrongful death suit against the manufacturers of the drug GranuFlo, alleging that the manufacturer is responsible for the death of her husband.

The drug at the center of the lawsuit, called GranuFlo, is used for treatment in dialysis patients who are suffering from kidney failure. The integral chemical component of the drug acts by removing blood impurities which the kidneys can no longer remove on their own.

Her lawsuit claims that Fresenius USA is responsible for the death of her husband, who died two days after he received treatment with the drug. The suit alleges that the plaintiff’s husband began to feel ill immediately following a dialysis treatment which involved the administration of GranuFlo. Two days after the treatment, the plaintiff called an ambulance for her husband who was complaining of pain in his chest and head. However, her husband had died of a heart attack before any help arrived. Her suit alleges that in addition to being responsible for her husband’s death, the manufacturer may have known of the risks of the product as early as 2003, yet no action was taken. The woman seeks damages for her husband’s pain and suffering as well as for the loss of her spouse.

March 29, 2012 was the date the FDA instituted the initial class 1 recall for Naturalyte and Granuflo Acid Concentrate. A Class 1 recall is the highest priority recall issued by the FDA, and is only issued in cases where there is a significant chance that a drug can cause serious injury or death. These products have been linked to elevated levels of bicarbonate in treated blood, which can potentially cause stroke, heart attack and death. Almost immediately, lawsuits began to be filed nationwide.

Energy Drink Maker Faces Lawsuits and Congressional Scrutiny After Multiple Reports of Deaths

December 7, 2012 | Lebowitz & Mzhen

Living Essentials, LLC, the Michigan-based manufacturer of the drink marketed as 5-Hour Energy, currently faces lawsuits around the country blaming the drink’s high caffeine content for multiple injuries and deaths, or alleging that the company makes false statements regarding the drink’s contents or benefits. A nonprofit health organization recently accused the company of misquoting its executive director in an advertisement. The U.S. Food and Drug Administration (FDA) has named the drink in multiple reports based on consumer complaints, including thirteen fatalities, and two U.S. senators have requested to meet with the FDA regarding concerns about regulation of the beverage.

At least ninety-two FDA reports have mentioned 5-Hour Energy since 2004. Thirty-three of those reports involved hospitalizations, and thirteen involved deaths. Common caffeine-containing beverages like Coca-Cola have strict limits on their caffeine content set by the FDA, but “energy drinks” like 5-Hour Energy, Monster, and others are often labeled as “dietary supplements” rather than beverages. While a 12-ounce beverage like Coca-Cola might have an upper limit of 71 milligrams of caffeine, or roughly six milligrams per ounce, a dietary supplement does not face the same regulations. A single serving of 5-Hour Energy, sold in sixty milliliter (approx. two ounce) containers, may contain 207 milligrams of caffeine. The FDA has announced its intention to review its policies on labeling and warnings for drinks with such high caffeine content.

The company has also dealt with complaints from a non-profit science group, the Center for Science in the Public Interest (CSPI). The group accused Living Essentials of running a misleading advertisement online, which implies that the group’s executive director endorses the product’s safety. According to the CSPI, the advertisement includes a quote from the director saying that a fatal overdose is unlikely based solely on caffeine. The company suspended the advertisement in response to the group’s criticism.

Several lawsuits pending around the country are challenging the safety of 5-Hour Energy, either as a result of injury or death, or based on allegedly false or misleading statements regarding the beverage’s ingredients. A Tennessee lawsuit, Hassell v. Innovation Ventures, et al, alleges that consumption of 5-Hour Energy caused the death of the plaintiff’s husband by cardiac arrhythmia in 2009. The plaintiff asserted causes of action for negligence and products liability, but nonsuited the case without prejudice in November 2011.