$677 Million Verdict Against Nursing Home

The daughter of a resident at the Eureka Healthcare and Rehabilitation nursing home in California provided testimony in a Humboldt County, California, court which led to what is thought to be the largest verdict in the country this year – a $677 million verdict against the owners of the nursing home, reports the Associated Press.

The woman testified she would find her father wearing urine-soaked clothes when she visited and it would take at least 20 minutes for the understaffed nursing home to help her clean her father.  She also testified other patients fared worse.

When abuse or neglect occurs at the hands of trained professionals who have secured state licenses to operate their personal care or nursing home, you have a right to be angry and to demand answers. At Munley, Munley & Cartwright we believe a breach of the standard care, when directed against our elderly parents by paid givers, should be punished severely.

The Humboldt County jury found Skilled Healthcare, who owns the nursing home where the woman’s father was a resident, violated numerous times the state regulations requiring a minimum number of nurses on duty.  California requires 3.1 nursing hours per patient per day where the federal recommendation is 4.1 nursing hours per patient per day.

The California executive director and founder of the California Advocates for Nursing Home Reform questioned why this company was in the nursing home business to begin with if they could not maintain California’s minimum standard.

The company’s financial ability to appeal the verdict is in question.

The tragic truth is that the nursing home industry, for the most part, behaves as just that: an industry that houses our elderly loved ones at the lowest cost possible. If your elderly loved one has been neglected, abused, or injured while in the care of a nursing home or other healthcare facility, contact the experienced nursing home abuse attorneys at Munley, Munley & Cartwright. Call us at 1-800-318-LAW1 or use our online form for a free consultation.

Nursing Home Lawsuit

Businesses and Western Governors Press to Increase Truck Weight and Size Limit

More than 150 companies, including Kraft, Coca Cola and MillerCoors, are lobbying Congress to increase the weight limit on trucks traveling interstate highways, The Wall Street Journal reported on August 16.

The companies would like to increase weight limits from 80,000 to 97,000 pounds, or almost 20%.

At the same time, a coalition of Western state governors is asking Congress to allow more doubles and triples – multiple tractor trailers hitched together, that can span up to 120 feet – on the federal highways in their states. Current law limits trucks on the interstate to no more than 53 feet in length.

When it comes to accidents, there is a strong correlation between the size of the truck and the severity of the accident. A study done by the University of Michigan Transportation Research Institute showed that a truck weighing 80,000 pounds is 50%-100% more likely to be involved in a fatal crash than a truck weighing 50,000 to 65,000 pounds. Trucks weighing more than 80,000 pounds are even more likely to have serious accidents.

More importantly, larger, heavier are trucks are less safe for the nation’s highways and for the nation’s motorists. The Minnesota bridge collapse in 2007, for example, was partially caused by excessive weight crossing the bridge. With trucks able to weigh up to 20%, how many other bridges would be in danger of collapse?

Each year, nearly 5,000 people are killed in truck accidents; another 100,000 are injured. How does it make sense for Congress to make it easier to drive larger, heavier trucks, which are likely to cause more accidents and injure more people? Fortunately, there is another bill in Congress, one which would freeze truck sizes at their current limits.

Supporters of the increased weight and size limits argue that they would help the economy and reduce the truck companies’ carbon footprint. These are valid goals, to be sure, but they can’t be accomplished at the expense of the safety of innocent motorists.

At Munley, Munley & Cartwright, we believe that Congress must put safety first and we urge its members to reject the increased weight and size limits. Our truck litigation team is nationally recognized for our expertise in state and federal trucking regulations, and our lawyers are often selected to train other attorneys on trucking litigation.

If you have been injured or lost a loved one in an accident with a tractor trailer or semi truck, the truck accident attorneys of Munley, Munley & Cartwright, P.C., are ready to be your legal advocate. Contact us today at 1-800-318-LAW1 or use our convenient online accident evaluation form for a free consultation. We accept and resolve major trucking injury cases nationwide.

CNN Reports on Fracking in Marcellus Shale Region and Across the Country

On September 3^rd, Dave Schechter, CNN Senior National Editor, blogged about the use of hydraulic fracturing (fracking) to extract natural gas from shale, and the controversy it is stirring up among politicians, residents, and the oil and gas industry.

Schechter explains that the “Halliburton loophole,” a 2005 exemption from federal regulation of fracking, has forced states into taking control of regulation of the process.  While the oil and gas industry claim fracking is safe and reliable, environmentalists are concerned with the impact on the air and groundwater.

“Ground zero” for the fracking debate, says Schechter, is centered in Pennsylvania and the Marcellus Shale region.  He says “you can expect to see more [fracking] coverage online and on television in the weeks ahead.”

If you or a loved one has been harmed by Marcellus Shale drilling, talk to an attorney who is experienced in Marcellus Gas drilling issues. The attorneys at Munley, Munley & Cartwright represent victims who have been injured through no fault of their own, including those who have suffered personal injury and those who have been harmed through the loss of enjoyment of their property. Contact us at 1-800-318-LAW1 or submit a free online claim evaluation.

Marcellus Shale Offers Energy Independence and Wealth, but Fracking Process Stirs up Controversy

CBS News reports that over three-fourths of Pennsylvania contains mineral rich resources “buried deep underground in shale formations” which could mean billions of dollars to residents and oil and gas companies.  But the environmental costs may outweigh the economic rewards if the process known as fracking continues to be used to extract the natural gas in the Marcellus Shale region.

Hydraulic fracturing (fracking) is a process in which water, sand and chemicals are blasted into the underground shale formations causing cracks freeing the natural gas.  In 2005, the US government passed a law preventing the United States Environmental Protection Agency (EPA) from regulating the process.  However, congress is re-evaluating the process and new legislation has been proposed to regulate fracking.

While the oil and gas industry claims fracking is safe, environmentalists fear contamination to the watershed, which supplies drinking water to millions.  The changing Pennsylvania landscape is now blighted with plants containing flames shooting high into the sky and containment ponds with unknown chemicals, which many claim is impacting the air quality as well.

If you are a property owner whose property has been harmed by natural gas exploration, talk to an attorney who is experienced in Marcellus Gas drilling issues.  The attorneys at Munley, Munley & Cartwright represent victims who have been injured through no fault of their own, including those who have suffered personal injury and those who have been harmed through the loss of enjoyment of their property. Contact us at 1-800-318-LAW1 or submit a free online claim evaluation.

$1.5 Million Awarded for Post-Surgery Injury Caused by Hernia Patch

A North Carolina couple has been awarded $1.5 million by a federal jury for injuries the husband suffered when a hernia patch ruptured in his abdomen following surgery, reports The Providence Journal.

If you are using a medical product, a household product or a vehicle, you should be able to count on the fact that the product has been safely designed and works as it was designed.  At Munley, Munley & Cartwright we have successfully handled cases involving injury or death caused by alleged product defects.

The patch, made by the Cranston firm Davol Inc. was implanted in the 52-year-old man in 2005 to repair an abdominal hernia.  The mesh patches are folded in half and inserted behind the hernia through a small incision.  Once inserted the patch is supposed to open, but the man’s patch broke and traveled inside the body, causing swelling, pain and an abscess which had to be constantly drained.  The man has undergone several surgeries to repair the damage with more expected in the future. He will only be able to lift 5 to 10 pounds for the rest of his life.

The jury found Doval and its parent company, C.R. Bard Inc., had failed to warn about the dangers of the mesh patch.  They awarded $1.3 million to the husband and $200,000 to his wife for the time she spent dressing his wounds.

This case was the second of about 3,000 involving the Kugel Mesh hernia-repair patch made by Davol.

The law firm of Munley, Munley & Cartwright has successfully handled cases involving injury or death caused by alleged defective products.  If you or a loved one has suffered a personal injury due to a defective product, please call our experience attorneys at 1-800-318-5291or use our online contact form.  There is no cost for evaluating your case.

Defective Product

Marcellus Shale Fracking Process Splits New York Residents

While Pennsylvania residents are already dealing with the controversy of the fracturing (fracking) process used to remove natural gas from the Marcellus Shale region of the state, New Yorkers are just beginning to face the debate.  Fracking is declared safe by the oil and gas industry, however, the EPA and many residents argue that the groundwater will be contaminated by the process.

The USA Today reports the small dairy town of Callicoon, New York, is being divided as some residents view the oil companies as a means to a windfall of money versus those that fear for their health and safety from the drilling process.  This area of New York provides much of the drinking water to New York City.

Kate Sinding, of the Natural Resources Defense Council, says fracking threatens New York’s water supply because “chemical-laced wastewater comes back up from a well.” She and other environmentalists want a ban on hydraulic fracturing in the New York City water supply area as well as more stringent regulations.

If you or a loved one has been harmed by Marcellus Shale drilling, talk to an attorney who is experienced in Marcellus Gas drilling issues. The attorneys at Munley, Munley & Cartwright represent victims who have been injured through no fault of their own, including those who have suffered personal injury and those who have been harmed through the loss of enjoyment of their property. Contact us at 1-800-318-LAW1 or submit a free online claim evaluation.