Last weekend 21 children ages 5 to 14 were injured when a large wooden viewing platform and staircase collapsed, sending the children to the floor below. In all, 23 people were rushed to local San Diego hospitals, three with spinal injuries. PK Vault is a gymnastics-type facility that offers kids the chance to do parkour in a lively upbeat environment.

There will no doubt be personal injury liability against PK Vault, and very possibly others, including the building’s owners. Under California law, a building owner or occupier has a duty to maintain the premises free of dangerous conditions to all invitees. A failure to do so, constitutes premises liability, and the owners and business can be held liable to those injuries.

Personal injury law would allow any person injured to seek compensation for their injuries, including payment of all medical bills, and a sum for pain and suffering – damages that compensation for the impact an injury has had on a person’s life.

For two decades, Walton Law Firm has been representing individuals and families in cases of personal injury, including premises liability cases. It is currently offering free consultations for any person who suspect that they might have a personal injury case. For case inquiries, please call (760) 571-5500.

According to a recent study conducted at The Ohio State University Wexner Medical Center and reported in Digital Journal, certain hospital-acquired infections at San Diego healthcare facilities can have a long-term negative impact on spinal cord injury (SCI) patients. SCI patients who acquire pneumonia and other infections while at the hospital being treated for their catastrophic injuries see a drastic impact on their ability to recover. Specifically, the report indicates that “hospital-acquired pneumonia and wound infections negatively affect the clinic long-term outcome after acute traumatic spinal cord injury.” The study appeared in the peer-reviewed journal Neurology.

Importance of Reducing Hospital-Acquired Infections in California

One of the most significant takeaways from the recent Ohio State study is that hospitals must do more to prevent hospital-acquired infections if they are going to see spinal cord injury patients recover to the best of their abilities. Patient protection demands that hospitals take additional steps to reduce the rate of hospital-acquired infections if they are going to take patient safety seriously. As the report explains, “rates of microbial infections in hospitals, although falling due to improved hygiene, remain problematic.”

The Ohio State study looked at data from a time period of more than 30 years and also analyzed information housed by the U.S. National Spinal Cord Injury Database. The researchers assessed information from more than 3,800 spinal cord injury patients, and it zoomed in on 1,203 patients for the study. Of those patients, 564 (or about 47%) acquired pneumonia or a wound infection while in the hospital for care related to the spinal cord injury (both acute medical and inpatient rehabilitative care). As the report explains, “because spinal cord injuries can cause a ‘paralysis’ of the immune system, patients are not able to compensate even long-term for the effect of a pneumonia acquired during the acute phase.”

Dr. Jan M. Schwab, the lead researcher on the study, articulated how the study demonstrates the need to reduce the rate of hospital-acquired infections as soon as possible to improve the rehabilitative potential for SCI patients: “These findings provide the first extensive prospective analytical evidence that hospital-acquired infections are predictive for worse outcome with respect to both survival and long-term functional outcome after spinal cord injury.” In short, a person who contracts a hospital-acquired infection while being treated for a spinal cord injury stands less of a chance of surviving in the short term, as well as less of a chance of long-term functionality.

Causes of Spinal Cord Injuries

What causes spinal cord injuries? According to the Mayo Clinic, SCIs can result from many different types of trauma, including damage to the vertebrae, damage to the ligaments, damage to the disks of the spinal column, and damage specifically to the spinal cord.

The most common causes include the following:

• Car accidents;
• Fall-related injuries;
• Intentional violence;
• Sports-related injuries;
• Alcohol use; and
• Disease.

If you or someone you love acquired an infection while being treated for a spinal cord injury, you may be able to file a medical negligence claim. You should discuss your case with a San Diego spinal cord injury attorney as soon as possible. Contact the Walton Law Firm today to learn more about seeking financial compensation for your injuries.

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When an older adult suffers a spinal cord injury (SCI), is it more difficult to recover? According to a recent news release from UC San Diego Health, a new study conducted by researchers at the University of California, San Diego School of Medicine and the University of British Columbia suggests that “age diminishes ability to regenerate axons, the brain’s communication wires in the spinal cord.” In other words, as we age, it may be increasingly difficult to recover from SCI.

Impact of Age on the Central Nervous System As the news release notes, more Americans aged 65 and older are continuing to engage in active lifestyles. However, this shift in lifestyles for the aging population means that seniors are at greater risk of sustaining serious personal injuries, including SCIs. The researchers involved in the study wanted to determine whether the older adults who do suffer spinal cord injuries are at greater risk of remaining debilitated—and not able to recover fully—after an accident happens.

What the researchers found, in short, is that age does have an impact on the reparative abilities of the central nervous system. According to Binhai Zheng, the senior author of the study, “this is the first report focusing on the impact age has on axonal regeneration in the central nervous system.” Zheng explained that his research could have implications that reach beyond spinal cord injuries, too. Numerous “central nervous system diseases and disorders are age-related and are increasingly occurring in older populations,” Zheng detailed. As such, findings concerning the central nervous system’s “dysfunction and restoration” might help physicians to better determine courses of action for diseases and injuries impacting older adults.

For those of us without medical training, it can be difficult to understand exactly what it means when a researcher finds that age impact the body’s ability to regenerate axons, and thus to repair SCI damage. Zheng provides a helpful analogy: “in older adults, axons are traveling through what is more like rocky, unpaved roads rather than smooth highways—it takes a lot more effort.”

Spinal Cord Injury Facts and Figures The recent study published in the peer-reviewed journal Cell Reports suggests the increased difficulty of recovery after a spinal cord injury if you are among the aging population. But what else should you know about SCIs? A fact sheet from the National Spinal Cord Injury Statistical Center (NSCISC) provides some important facts and figures:

• About 12,000 new cases of spinal cord injury occur each year.
• 
  Between 238,000 and 332,000 persons currently are living with SCI.
• 
  SCIs typically affect young adults most often, but the average age has risen in recent years.
• 
  As of 2010, the median age at the time of injury is nearly 43 years old.
• 
  More than 80% of SCI victims are males.

What are the primary causes of SCI? The NSCISC reports the following as the most common causes of SCI since 2010:

• Car accidents (36.5 %);
• 
  Falls (28.5%);
• 
  Violence (14.3%); and
• 
  Sports (9.2$).

If you or someone you love suffered a catastrophic injury, you may be able to file a claim for compensation. An experienced San Diego spinal cord injury attorney can help. Contact the Walton Law Firm today for more information.

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ebilitating spinal cord injuries maintain the hope that scientific innovations will result in the possibility to recover from paralysis. But how realistic is such a cure? According to a recent article in The Independent, reports of medical breakthroughs often lack the results that most spinal cord injury victims hope for. Recent reports identified stem cell treatments and the possibility of transplanting regenerative cells into the spinal cord of those suffering from paralysis. Will these new studies make headway for people across the country who sustained severe spinal cord injuries?

New Treatment May Help Americans with Spinal Cord Injuries

Recently, Professor Geoffrey Raisman of University College London performed a cell transplant on a Bulgarian firefighter who previously suffered from paralysis. This “pioneering therapy” involved “transplanting regenerative cells from his nasal cavity into his spinal cord.” According to Raisman, the treatment “represents an historic change in the outlook for people disabled by spinal cord injury.”

At the same time, however, it is important to remember that this treatment only worked on one person, and it repaired an injury that “was a clean severance of the spinal cord in one location.” In other words, not all spinal cord injuries are created equal, so to speak. Indeed, many are much more complex.

And regaining the ability to walk may not be of utmost important to those who suffered spinal cord injuries. A spokesperson for the Spinal Injuries Association indicated that most people who suffered paralyzing injuries “would put control of the bladder, control of the bowel, and sexual function above actually being able to stand and walk around.” As such, while breakthroughs in treating spinal cord injuries could be big news for Americans who currently are paralyzed, researchers and surgeons have been taking the news of the recent spinal cord treatment success with cautious optimism.

Spinal Cord Injury Statistics: Who is At Risk?

According to the Mayo Clinic, spinal cord injuries can vary drastically in type and severity. In general, a spinal cord injury involves “damage to any part of the spinal cord or nerves at the end of the spinal canal.” These injuries usually result in severe and permanent changes to a person’s “strength, sensation, and other body functions below the site of the injury.”

Who is at greatest risk? While spinal cord injuries typically result from unexpected accidents, certain groups of people are at greater risk than others. The Mayo Clinic identifies some of those at greatest risk of suffering a spinal cord injury:

• Males are disproportionately affected by spinal cord injuries, making up about 80 percent of reported cases in the United States;
• Young persons ages 16 to 30 are most likely to suffer a serious spinal cord injury;
• After young adults, the elderly, those over the age of 65 are most likely to sustain a spinal cord injury in a dangerous fall;
• Those who take part in risky activities, for instance, playing contact sports without protective gear, riding a motorcycle without a helmet, or diving into shallow water, are more susceptible to life-altering spinal cord injury.

Have you sustained a serious spinal cord injury? In many cases, the accident that led to the injury was preventable. You may qualify for financial compensation, and you should contact an experienced San Diego spinal cord injury attorney to discuss your case.

Photo Credit: xandert via morgueFile See Related Blog Posts: Auto Accident Leaves Cyclist with Spinal Cord Injury Serious High School Sports Injuries

Wrong-Way DUI Driver Seriously Injures Bicyclists

Vinolo was riding with about thirty other cyclists, members of the San Diego Bicycle Club. Vinolo’s wife, Emma Irarragorri, told NBC San Diego her husband “is always obsessed with safety when he rides his bicycle.” When her husband saw the oncoming car, he “instinctively pushed the leader out of harm’s way,” saving that cyclist’s life but suffering serious injuries in the bicycle accident.

The auto accident caused serious injuries to other members of the San Diego Bicycle Club as well. According to the article, the “impact of the crash shattered the car’s windshield and sent at least 10 cyclists to the hospital with injuries ranging from facial cuts to bruised ribs.” Vinolo, however, was the most seriously injured of anyone on the group. His injuries included two punctured lungs, broken ribs, a broken left clavicle, dislocated left shoulder, loss of one kidney, spleen laceration, and six broken vertebrae.

According to one of the cycling teammates, Logan Bass, several cyclists saw the car approaching and attempted to get out of the way. Bass remembers seeing Vinolo on top of the car, and another cyclist on the car’s windshield. Bass sustained a contusion to his ribs and a cut on his foot. Although he spent two days in the hospital, he and the other cyclists are most concerned about Vinolo.

Police arrested and charged the vehicle’s driver, Theresa Lynn Owens, 49, with driving under the influence and possession of a controlled substance.

Bicycle-Related Injuries: Facts and Statistics

How often do bicycle accidents occur? In general, only about 1 percent of all trips taken in our country are on bicycle. Yet cyclists face a much higher risk of crash-related injury, according to the Centers for Disease Control and Prevention (CDC). Some important facts about bicycle crashes:

• In 2010, about 800 bicyclists sustained fatal injuries in collisions;
• About 515,000 emergency room visits take place each year due to bicycle-related injuries;
• On average, serious and fatal crash-related injuries result in medical costs and productivity losses of about $5 billion annually.

Who is at risk in a serious or fatal bicycle accident? Risk factors include:

• Age: Adolescents between the ages of 15-24 and adults aged 45 and older are at the highest risk of a bicycle accident fatality. The highest rate of nonfatal bicycle-related injuries occurs among children under the age of 15. In fact, about 60 percent of all bicycle-related injuries involve children under the age of 15.
• Sex: The CDC reports that males are “much more likely to be killed or injured” in a bicycle-related accident than are female cyclists.
• Area: Urban areas are much more dangerous for bicyclists, particularly at non-intersection locations.

Even nonfatal bicycle accidents can result in catastrophic injuries, including spinal cord injuries and traumatic brain injuries. If you or a loved one have sustained injuries in a bicycle accident or traffic collision, it is important to discuss your case with a San Diego accident lawyer. We can help you to seek compensation for your injuries.

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When our children head onto a high school sports field or court, we don’t anticipate that they will sustain a catastrophic injury. However, many high school athletes suffer from traumatic brain injuries and spinal cord injuries, particular when they play contact sports like football or hockey. Last November, a Riverside County high school linebacker, Jordan Walker, suffered serious trauma to his spinal cord and neck that left him paralyzed. Walker was featured in a recent article in The Press-Enterprise because it looks as though he may be able to return home to continue rehabilitation in Southern California. Since the accident, the high school football player has been receiving treatment in Colorado.

Have you or a loved one sustained a catastrophic injury to the head or neck? Has your child suffered from a traumatic brain injury or a sports-related spinal cord injury? You may be able to file a claim for compensation. While each case is different, an experienced San Diego spinal injury lawyer can examine your case for you today.

High School Football Serious Injuries

How did Walker’s accident happen? During a routine high school football game on November 22, 2013, a running back from Upland High School had the ball and “plunged over players at the line of scrimmage,” where he collided with Walker. According to a coach who witnessed the accident, “Walker shot up for the tackle when he spotted the running back above him,” but “a split –second later, the other player landed on Walker’s head and their lives changed forever.”

The young linebacker suffered breaks of critical cervical vertebrae in his spinal column. While Walker remains able to use the muscles in his neck and can “feel from the chest up,” according to his father, he remains largely paralyzed from the dangerous sports accident. Despite being in rehabilitation for many months, he cannot move his arms, his hands, or his legs. Within the first month of his injury, Walker lost 65 pounds. Indeed, his weight dropped from 195 to 130. During that period, he remained in intensive care on a feeding tube.

The high school athlete has made some progress. After months of medical care, he is able to breath without a ventilator. He has even taken a couple of outings with his family. Yet he continues to require a tracheostomy tube, which is inserted in his throat to “suck his lungs clean because he hasn’t been strong enough to cough up secretions that would otherwise drown him.”

Walker’s family hopes that he’ll be able to return home to Southern California soon. His physicians have indicated that he may be able to return to Corona, California by the end of May, but the football player and his family will continue to contend with the very high emotional and financial costs of his spinal injury.

Spinal Cord Injury Costs

In addition to the extreme emotional and psychological costs of a spinal cord injury, these catastrophic injuries also involve very high financial costs. The first year of care alone is likely to total approximately $1,000,000. And those costs will only rise in the months and years to come.

When Walker returns home to Riverside County, his family will need to “replace living and dining room furniture to create more room for a wheelchair.” In addition, they’ll need to “buy a $70,000 van, a $40,000 wheelchair, and a $12,000 ceiling lift.”

Catastrophic injuries can drastically alter the life of an accident victim and his family. If you or a loved one has sustained a brain injury or a spinal cord injury, contact an experienced California spinal cord injury attorney today.

Photo Credit: GioPhotos via Compfight cc

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A new study conducted at Johns Hopkins University suggests that spinal cord injury incidents are on the rise in America, and there’s a new culprit, according to an article in the Insurance Journal. While automobile accidents used to be the primary source of dangerous spinal cord injuries, falls have caused more of these injuries in the past several years. And more significantly, perhaps, the new Johns Hopkins study, published in the Journal of Neurotrauma, suggests that older adults are at greater risk for spinal cord injuries than Americans in any other age group. As such, we may be able to significantly reduce the risk of spinal cord injuries if we’re able to “prevent falls in the elderly.”

Have you or a loved one sustained a severe spinal cord injury? You may be eligible to seek financial compensation. These injuries can occur in many different kinds of accidents, including but not limited to car crashes, slips and falls, and contact sports. The California injury lawyers at the Walton Law Firm can discuss your claim with you today.

Details of the Johns Hopkins Study

In the recent study, Johns Hopkins researchers used a sample of more than 43,000 adults who were treated for spinal cord injuries in emergency-room settings during a two-year period—between the years of 2007 and 2009. What did the study find?

• The incidence of spinal cord injuries among people aged 18 to 64 remained relatively steady across the years covered in the study, with numbers ranging from 29.9 per million to 52.3 per million each year.
• The incidence of spinal cord injuries among people aged 65 and older rose dramatically, from 79.4 per million in 2007 to 87.7 per million in 2009.

As you can see, the rates of spinal cord injury were already higher among the older populations, and those figures only appear to be increasing. Indeed, the average of adults suffering from a spinal cord injury was 41 years old back in 2000. Now, based on the statistics from the recent study, the average age is 51.

According to Shalini Selvarajah, a postdoctoral surgical research fellow at the Johns Hopkins University School of Medicine, explained the impact of the study: “We have demonstrated how costly traumatic spinal cord injury is, and how lethal and disabling it can be among older people.” Referring to the high rate of spinal cord injuries among the elderly, Selvarajah emphasized that “it’s an area that is ripe for prevention.”

Why have falls become the leading cause of spinal cord injuries? Researchers can’t be absolutely sure, but many believe it’s because of the “general aging of the population, the more active lifestyles of many Americans over 65, and airbags and seatbelt laws that allow drivers and passengers to survive crashes.” In other words, safety measures have reduced the number of spinal cord injuries related to automobile accidents, while the growing number of old adults in America has led to a rise in fall-related spinal cord injuries.

The costs of these injuries are very high. In addition to the personal “costs” associated with disability and paralysis, medical bills related to spinal cord injuries have also been on the rise. According to the Johns Hopkins Study, “emergency room charges alone for traumatic spinal cord injury patients totaled $1.6 billion” in 2009. And the California Workers’ Compensation Institute recently reported that spinal cord injuries, along with traumatic brain injury, have cost more than $500 million over the course of the last 10 years.

If you sustained a spinal cord injury during an accident, you deserve to be compensated. Contact an experienced San Diego spinal cord injury attorney today to learn more about filing a claim.

Photo Credit: Polygon Medical Animation via Compfight cc

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If you or a loved one have suffered a mild or severe brain injury, it’s important to speak to an experienced California brain injury lawyer. In many cases, another person’s negligence may have caused your injury, and you may be eligible to seek compensation.

Brain Scans and Alzheimer’s-Like Symptoms

A November article in U.S. News & World Report reported on new brain injury research that showed a link between TBIs and later-life memory problems. The study appeared in JAMA Neurology. It used new brain imaging technology that’s known as positron emission tomography (PET), and the study revealed that persons who had suffered a traumatic brain injury even early in life developed certain “plaques” in their brains that mimicked those typically seen in Alzheimer’s patients. These plaques are amyloid deposits, and according to the study’s author, Dr. David Menron, “these deposits can show up within hours of the blow to the head.”

Previous studies had emphasized a possible link between TBIs and memory problems down the road, but there remains no definite link between the two. Even the results from the new brain scan technology need to undergo further scrutiny. According to Menon, “patients can be imaged with PET to detect early amyloid deposition, and then followed up to see whether this early amyloid deposition resolves, whether it recurs, and how these processes relate to later cognitive mental decline.”

This new research can tell us, however, that harder blows to the head do result in more Alzheimer’s-like plaque in the brain. Menon explained, the “greater the blow to the dead, the more amyloid plaque accumulation and dementia risk was seen.” While this study didn’t include athletes, on average the participants were in their 30s. The connection between younger brains and dangerous amyloid deposits strikes other researchers as particularly relevant to many different brain injuries in athletes and other younger adults. Indeed, a former sideline physician with the N.Y. Jets emphasized that “this type of imaging may potentially play a role in helping to understand how traumatic brain injury affects the brain and serve as a marker to evaluate such patients over the long term.”

Even Mild Brain Injuries Produce Long-Term Effects

The PET study makes clear that there’s a potential connection between memory loss and TBIs. Another recent study from HealthDay News suggested that even mild brain injuries produce long-term effects. Studying soldiers who suffered brain injuries from blasts, the new research revealed that a “special type of MRI called diffusion tensor imaging” highlights the changes salient changes in the brain.

Previously, medical professionals found it difficult to study mild brain injuries caused by explosions, as standard CT and MRI scans couldn’t provide sufficient information for researchers to determine brain problems later in life. Now, the new MRI technology has shown “significant differences in the brain’s white matter” in veterans who have experienced minor brain injuries. This part of the brain “consists mostly of signal-carrying nerve fibers,” and changes within it are “linked with attention problems, delayed memory and poorer psychomotor test scores.”

What’s the key takeaway here? Equipped with new medical technology, medical researchers are beginning to discover that both mild and severe brain injuries, whether one-time or recurring, can produce serious long-term effects. If you or a loved one have sustained a brain injury, you should seek legal counsel. You may be eligible for financial compensation, and the California brain injury attorneys at the Walton Law Firm can discuss your case with you today.

Photo Credit: Sarah G… via Compfight cc

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As the number of former NFL players who show signs of CTE continues to rise, we’re likely going to see an increase in lawsuits in California and across the country. While researchers and medical professionals previously could only diagnose CTE postmortem, new medical advances allow doctors to detect signs of CTE in the living through brain scans and tests. There are hundreds of former sports players who may have suffered brain injuries in the course of their employment by the NFL and other professional sports leagues. And now, if those players can be diagnosed with CTE, they might be eligible for compensation.

Dorsett’s Brain Injury Claim

Last May, Dorsett’s workers’ compensation claim was dismissed, according to the judge, because he “had agreed to an $85,000 settlement for injuries to multiple orthopaedic body parts in 1991,” and as a result he “could not file another claim for any subsequent injury.” Dorsett appealed this decision, but the judge’s dismissal was upheld in August. According to the Los Angeles Times, the “three-judge panel found that language in the 1991 settlement released the Dallas Cowboys and Denver Broncos from all future claims involving virtually any body part, including the head.”

Yet, there’s a new factor in play. Researchers at UCLA discovered that Dorsett and other former NFL players “showed signs of CTE.” As we’ve mentioned in earlier posts, this disease formerly was detected only upon autopsy. The UCLA researchers used “brain scans and other tests” to diagnose CTE. These tests revealed that Dorsett, as well as former Hall of Fame offensive lineman Joe DeLamielleure and former All-Pro defensive lineman Leonard Marshall, could be accurately diagnosed with CTE. Dorsett hasn’t filed an appeal, but other former players who accepted settlements similar to Dorsett’s are claiming that CTE isn’t covered by the “boilerplate language in the settlement that precluded future injury claims.”

CTE Claims May Be Different

Some of the attorneys for the former players argue that CTE diagnoses are more like “asbestos-related claims because it takes years for symptoms to surface.” For example, workers who had been exposed to asbestos agreed to workers’ compensation settlements at the outset, “only to file asbestosis or mesothelioma claims decades later,” and “the courts ultimately allowed those cases to proceed.”

Former player Jimmie Giles accepted a settlement similar to Dorsett’s. Now, he’s appealing the decision. His attorney raised the question, “How can you release your right to a claim for a condition that hasn’t manifested itself?” Indeed, if Giles’ appeal is successful, “it could open the door to many more claims from athletes who long ago accepted workers’ compensation awards only to develop serious brain disease years later.”

Have you or a loved one suffered a traumatic brain injury such as a concussion? When a person experiences multiple concussions, she or he may be at risk for CTE. It’s important to contact an experienced brain injury lawyer if you believe you may be eligible for compensation. Contact the experienced California brain injury attorneys at the Walton Law Firm today.

Photo Credit: Mikey G Ottawa via Compfight cc

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But is the payout really sufficient when we think about the brain injuries suffered by so many former players? Or does the payout indicate that the league did in fact have a duty to warn players about the dangers of multiple concussions and the long-term effects of traumatic brain injury?

History of the Lawsuit

As a quick recap, Junior Seau’s family filed a wrongful death lawsuit in the California Superior Court in after discovering that Seau’s death may have been related to chronic traumatic encephalopathy (CTE), a condition that arises from multiple concussions and can cause severe depression, irrational mood and behavior swings, and a number of other serious symptoms. As of now, medical advances only allow physicians and scientists to diagnose CTE posthumously—that means players and their families can’t find out if they suffer from the disease until it’s too late.

At the same time, many commentators hoped that the Seau lawsuit, which was eventually consolidated in a Philadelphia superior court and has been ongoing since last spring, would at least place the blame on the NFL and its failure to alert players to the lifelong dangers of repetitive head injuries. After Seau’s family filed their claim, many other players and their families began to come forward, blaming the NFL for the injuries associated with multiple concussions and traumatic brain injury.

By August, the U.S. District Court judge presiding over the case ordered the parties to mediation. Judge Anita Brody indicated that she hoped the mediation would bring the sides closer to an agreement. Now that the parties have settled, Brody won’t have to rule on the NFL’s motion to dismiss. However, the settlement raises new questions about brain injury lawsuits in California and across the country.

Who Won in the NFL Settlement?

According to the article in Forbes, there’s “no question about it: the players settled for far too little.” Indeed, based on the settlement number, “individual awards will be capped at $5 million for players suffering from Alzheimer’s disease, $4 million for deaths from chronic traumatic encephalopathy, and $3 million for those suffering from dementia.”

If you look at the average payout per person, it’s only about $166,000. That’s an incredibly small number when you consider the very costly treatments associated with traumatic brain injuries. As the Forbes article indicates, “that kind of money is a lot to scoff at because treating and managing significant and complex medical conditions can quickly eat away at patients’ and their relatives’ savings accounts.” For specialized care in a nursing facility, costs often exceed $80,000 per year. The average payout per person won’t even begin to provide for the medical treatment and care that these players will need in the course of a lifetime.

What’s worse is that the settlement likely means that the NFL won’t have to “disclose any internal files about what it knew, and when, about concussion-linked brain problems,” according to NFL.com. Fortunately, however, commentators believe that the NFL settlement isn’t going to bring any safety issues “to a close.” Indeed, research continues, and scientists are urging players to press their coaches and leagues about important safety issues in order to “keep the risks lower and the brain damage to a minimum.”

The NFL settlement might be characterized as a loss for the players who continue to suffer from traumatic brain injury. However, as researchers continue to look into the problems associated with CTE and other concussion-related diseases, sports players should know that they might be eligible for compensation. If you or a loved one has suffered after experiencing multiple concussions or other traumatic brain injuries, contact the experienced brain injury attorneys at the Walton Law Firm today to discuss your case.

Photo Credit: Jeff Croft via Compfight cc

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Drowning is a serious concern in southern California, especially as the weather grows warmer and people flock to the beaches. Drowning cases have a statute of limitations in California. Since you only have two years from the date of the accident to file an accidental death claim, it’s important to contact an experienced personal injury attorney to discuss your options for filing a lawsuit.

Dangerous Waters in La Jolla A day after the accident, UT San Diego identified the diver as Lawrence Edward Yates of Chula Vista. The newspaper explained that the 54-year-old Yates had been scuba diving with a partner “at the south end of the Shores about 12:50 p.m.” Suddenly, rough waters led to wave action, which “pinned him against the sea wall,” according to authorities who later investigated Yates’ death.

The accident occurred at the south end of La Jolla Shores. Lifeguard Lieutenant John Everhart said that the area has relatively shallow water, but it’s also an area that “cannot be seen by lifeguards.”

After being pinned to the sea wall, neither Yates nor his diving partner were about to free him from the extreme water pressure. Lifeguards and bystanders also rushed to help Yates, but by the time he was finally brought to shore, he was unconscious. Some of the rescuers even had dive scooters, but they weren’t able to free Yates in time. The lifeguards performed CPR, and emergency medical responders transported Yates to Scripps Memorial Hospital in La Jolla. Yates died at the hospital later that afternoon.

This isn’t the first dangerous incident to occur at La Jolla Shores. In fact, this year has seen quite a few near-drownings. In February of this year, NBC San Diego reported that a 61-year-old surfer nearly drowned after lifeguards found him face-down in the water. The lifeguards at the scene pulled the surfer out of the water to find that he had no pulse. They shocked him with a defibrillator, and the man started breathing again. By the time emergency medical responders arrived, the surfer had regained consciousness.

However, many aren’t as lucky as the rescued surfer, Yates included. A drowning in January 2013 around the same area suggests that Yates’ death in the dangerous waters at La Jolla Shores may have been foreseeable. Back in January, a surfer saw the body of a 19-year-old woman floating near La Jolla Shores. Lifeguards carried her out of the water, but she had already drowned.

Diving Safety Tips

Since California has so many miles of coastline where visitors enjoy swimming, diving, and other water sports, the California Department of Parks and Recreation provides a list of important safety tips. Before going into the water, it’s important to know the inherent risks of diving, and to pay attention to these important safety concerns:

· Always dive to your ability, training level, and experience level. If you try to dive beyond what your abilities, you could put yourself at serious risk. · Always check diving and weather conditions before you go, along with underwater visibility and the currents. This is extremely important, because strong currents can endanger divers’ lives. · Always dive with a partner or buddy. · Agree to an emergency plan with your buddy before diving. · Always know your entry and exit points for your dive. · Plan your dive ahead of time, and follow that plan.

If you have lost a loved one because of a drowning accident, you could be eligible for compensation. A licensed injury attorney can answer your questions. Contact us today.

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“I heard all this crunching. After it came off of me and I was able to open my mouth and speak, I started screaming” she told 10News.

McGiness-Pleines first thought she had broken her neck. The crunching noise, it turned out, was her jaw and ribs, both suffering fractures. She also has injuries to her right shoulder and possibly her spinal cord.

How it happened is still unclear. Lifeguards have reported, lamely, that it was a busy day and that several rescues had been made, implying that the driver was tired at the time of the accident. An investigation into exactly what happened is ongoing, but it’s clear this is a case of negligence on the part of the lifeguards.

“Everybody’s telling me I’m lucky that I lived, but I shouldn’t be here,” McGiness-Pleines said. “It shouldn’t have happened.”

If McGiness-Pleines wanted to bring a legal action against the state lifeguard service she would first need to file a claim with the appropriate state agency. Under California’s government tort claim law, anytime a person wants to sue a public entity of any kind, be it the state, city, public school, or any other publicly funded agency, it must first file a claim with the relevant agency within six months of the date of the incident. The agency then has 45 days to accept or reject the claim – they always reject – after which the claimant has six months to file a lawsuit. Failing to follow these procedures could bar the claimant from bringing a personal injury lawsuit in the matter.

This isn’t the first incident involving a lifeguard truck running over a beachgoer. In Pacific Beach four weeks ago a San Diego City Lifeguard ran over a 3-year-old girl.

Source: 10News

The San Diego attorneys at Walton Law Firm provide free consultations to individuals who have been injured in all types of accidents, including pedestrian accidents, automobile accidents, defective road design, spinal cord injuries, worksite injuries, slip-and-fall injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500.

It wasn’t that long ago when you would be impressed by the high school cheerleader who could do back flips on the sidelines. Now back flips are practically a prerequisite. As cheerleading becomes more and more recognized as a sport, and the competitive demands grow, doctors are seeing an increasing number of severe injuries related to cheerleading accidents.

Take the story of Laura Jackson. Starting at the age of 14, Laura loved cheerleading and dreamed of being on the sidelines at the high school football games, and maybe even college. On the day of tryouts, however, her life changed. As she attempted a move called a “back-tuck” – a moved she learned just for the tryout – she misjudged the spotter and struck her head on the ground, breaking her neck. Laura is now quadriplegic.

According to the National Center for Catastrophic Sport Injury Research at the University of North Carolina, cheerleading is by far and away the most dangerous sport in America for girls. Of all the catastrophic injuries suffered by girls in sport – injures causing permanent disability – cheerleading accounts for 65%. Nearly 30,000 cheerleaders are treated in Emergency Rooms around the country annually, tripling the amount from 1980.

Here’s a sampling [from an MSNBC story]:

• In 2007, 17-year-old Patty Phommanyvong was struck in the chest by a teammate’s fist as she plummeted from a stunt at a football game at her high school in Los Angeles; she’s now 19 and living in a nursing home, unable to move or eat or speak.
• In 2005, 14-year-old Ashley Burns of Medford, Mass., hit her stomach on another cheerleader’s shoulder while spinning down from an acrobatic move called a double down; she ruptured her spleen and died almost immediately.
• In 2008, Wesley Patterson, 20, who had been recruited for one of the guy spots on the cheer team at Prairie View A&M in Prairie View, Texas, fumbled a turn while tumbling, and like Laura, he’s now a quadriplegic.

There are also serious liability issues for schools. “Cheerleading is not taken seriously enough, even by the people who teach it themselves,” said Kimberly Archie, of the National Cheer Safety Foundation. “They don’t realize that they’re asking kids to do acrobatics that put them at high risk.” Since cheerleading is not considered an organized sport, most schools do not provide adequate safety equipment, or require any training of the coaches. Frequently the coach is a recent high school grad who him/herself was a cheerleader only a year or two before.

Source: MSNBC [with video]

The accident and injury lawyers at the Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, motorcycle accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call at (760) 571-5500 for a free and confidential consultation.

Technically, whiplash is a sudden over-extension of the neck that is usually caused by being struck from behind, as in a rear-end car accident. At the moment of impact, the body moves forward but the head remains still for a fraction of a second, and then the head abruptly follows the body. This violent movement can result in tearing of ligaments and tendons, and in the worse-case, muscles.

Symptoms from whiplash run the gamut, and don’t usually appear until 12 to 24 hours post-accident. Typically, pain begins in the neck, which can become very stiff, severely limiting range of motion. The pain may be accompanied by headaches, fatigue, vision problems, and muscle spasms. If the pain begins to spread to shoulders or arms, or there is numbness or tingling down the extremities, then it is recommended that a doctor be contacted right away.

When treatment is obtained, most doctors will take an x-ray of the cervical spine to rule out any fractures or other misalignment. Depending on the presentation of symptoms, an MRI may be ordered. It is not uncommon to experience pain and other symptoms for up to four weeks post-injury. In more severe cases, pain killers and physical therapy may be ordered.

If the whiplash is caused by an auto accident, the injured party may be entitled to compensation from the negligent driver. In California that compensation usually consists of payment of all medical bills, past and future, any lost wages, and a reasonable sum for the pain, suffering, inconvenience, hassle, and other impacts the accident has had on the person’s life.

The Walton Law Firm represent individuals who have been injured in all types of accidents, including injuries caused by car accidents, motorcycle accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

Steve Albala was riding on his motorcycle and helping officiate the bicycle leg of the triathlon when he was struck by a car at an intersection. According to reports, the intersection was being controlled by a traffic officer, who motioned for the vehicle to proceed, despite Albala’s presence on the motorcycle. The force of the impact threw Albala nearly 20 feet, causing a fractured spine and spinal cord damage, and requiring several surgeries and nearly two years in the hospital.

Interestingly, a police report at the time concluded that Albana was speeding, but in the lawsuit those conclusions were successfully challenged. The city also paid $250,000 to Albana’s passenger, who was also injured, and $500,000 to the driver of the car involved.

Albala was represented in the case by Beverly Hills lawyer Douglas S. Aberle of Levitt, Leichenger & Aberle.

Source: Los Angeles Times

The accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

Source: North County Times.

Walton Law Firm, a North San Diego County law firm, represents accident victims throughout San Diego, Orange and Riverside Counties and has recovered millions of dollars for individuals injured by car accidents, pedestrian accidents, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, insurance disputes, and medical malpractice suits. Call (760) 571-5500 for a free consultation.

In today’s Union Tribune are stories of local families who face the arduous task of caring for someone who has suffered a serious injury. For example, Maria Rodriguez was having a tough year and an event tougher Christmas. She cares for her 15-year-old son, who was rendered quadriplegic in an accident, when the transmission on the transport van failed. Then the home she was renting was foreclosed upon, forcing her to move. The events drained her savings.

That’s when the Can’t Keep Me Down foundation entered the scene. The DuCharme family filled the Rodriguez’ living room with a big television, clothes, toys, and holiday decorations. The HeadNorth foundation added to the giving with furniture and a Christmas tree.

As an unemployed single mother with four children, Maria Rodriguez already has a tough life. But it’s been even tougher lately. “We’ve been blessed with amazing, amazing people in our lives,” said Rodriguez.

The Union Tribune story, which can be found by clicking here, profiles the stories of other accident victims.

The accident and injury lawyers at Walton Law Firm LLP represent individuals who have been injured in all types of accidents, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accident. Call (760) 571-5500 for a free consultation.

After the verdict, Ms. Buell-Wilson was subject to relentless appeals by Ford, who must have spent additional millions to try to get the verdict overturned. It had some success in getting the award reduced, but its final attack was an appeal to the U.S. Supreme Court, arguing that the punitive damages assessed against it ($246 million by the jury, reduced to $55 million afterward) were unconstitutional and illegal under California law. Yesterday, the U.S. Supreme Court refused to hear the case.

Dennis Schoville and Lou Arnell, two of San Diego’s finest personal injury lawyers, believe Ms. Buell-Wilson may finally get some of the justice a jury believed she deserved. It’s been seven years since the verdict and she hasn’t seen a penny. Mr. Schoville told the San Diego Union Tribune, “It’s been a long haul, but this is the end of the line for Ford.” Source: San Diego Union Tribune

Walton Law Firm represents individuals and families in cases in personal injury cases, including car accidents, pedestrian accidents, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call 760-571-5500 for a free consultation.