Wrongful Death Suit Claims IRS Raid Caused Suicide

Tuesday, August 10, 2010
Tax season is a stressful time under the best of circumstances. Underscoring the tense feelings most citizens already feel at this time is the case of Denise Simon, a 50-year-old mother of six. Three days after the Internal Revenue Service (IRS) raided her family residence in 2007, Simons wrote a note to her family and committed suicide by carbon monoxide poisoning. Her husband, James Simon, has filed a wrongful death suit against the federal government and the IRS agents involved in the raid.

James Simon filed the lawsuit in February, making a number of very strenuous claims against the raid and its methodology. He claims that the agents misstated facts and made misleading statements to a federal judge to obtain the warrant. He also exerts that the raid was overkill, with heavily-armed and armored agents storming the home while only his wife and their 10 year old daughter were home. He further asserts that the case violated the IRS’ own policy of only using a search warrant until less intrusive means have been exhausted.

Simon has maintained his family’s innocence in the matter, as did his wife’s final message. She wrote a note to her husband, and one to each of her children before taking her life. In each note she stressed complete innocence of the charges, and explained her sense of despair that the IRS had acted despite her innocence in the matter. Perhaps crucially, the federal government insists that the case is still under investigation, but even two-and-a-half years after the raid, the IRS has not assessed any tax charges or penalties against the Simon family.

For its part, the Federal government has issued a categorical denial of any wrongdoing in the raid. They assert that Simon’s death was voluntary and self-inflicted, and therefore not their responsibility. They also claim that the warrant as executed was entirely valid.
 

Wrongful Death Suit vs. Baltimore Officers Concluded

Tuesday, August 10, 2010
The family of a man who died after being arrested by the Baltimore City Police has been awarded $7.4 million at the conclusion of a wrongful death suit.

Officers Sendy Ferdinand and Michael Riser arrested Dondi Johnson Sr. on charges of public urination in 2005. They put him into a van driven by a third officer, Nicole Leake. The Johnson family's suit alleged that the officers failed to properly secure him with a seatbelt, and that Officer Leake drove recklessly, causing Johnson to be thrown around in the back of the vehicle. The officers testified that they took Johnson to the hospital when he began to complain of pain. There, Johnson was diagnosed with assorted injuries, including a fractured spine, which was the injury that eventually caused his death two weeks after his admission to the hospital.

The jury found Ferdinand and Riser guilty of negligence for detaining Johnson, saying he should have been issued a citation instead of being arrested. They also found that, as operator of the vehicle, Leake was grossly negligent for failing to ensure that Johnson was properly belted into a seat as well as for driving recklessly.

In terms of payment of the judgment, however, responsibility is not yet clear. The officers’ attorneys were provided by the city, even though the city itself was not named in the wrongful death lawsuit. If the award stands, it is unclear if the $7.4 million will come out of the officers' personal finances or the city’s police budget. The city is considering an appeal and has, as yet, taken no disciplinary action against the officers despite the jury's findings.

The Johnsons had originally sought a $100 million judgment in the matter.
 

Potential Wrongful Death Suit in Brady Meier Case

Tuesday, August 10, 2010
Michael Burg, the attorney for Jenny Meier, widow of Brady Meier, says that his client is considering filing a lawsuit against the city of Steamboat Springs in Colorado. Burg sent the city council paperwork advising them that the city may be named as a defendant in a wrongful death suit involving Brady Meier.

Brady Meier was a construction worker employed on a project to create a new public promenade in the city's ski area when he died. The project he was working on involved a sophisticated new water pipeline that would allow the promenade to have a flowing water fixture during the summer but keep the same water in a reservoir during the notoriously cold Colorado winters. He was working in a utility vault when a compressed air cap came loose. While it was initially thought the cap had struck him, the city coroner determined that a blast of air entered his ear and caused a lethal brain hemorrhage. Burg says that he has visited the site since the accident and is of the opinion that mistakes were made that contributed to Meier's death.

It is important to stress that a lawsuit has not yet been filed. Burg stated that, for the moment at least, it was a matter of formality. Colorado law gives victims a certain period to file a notice of a claim against the government. Those who do not file a government claim lose the right to sue the entity, so Burg made the notification gesture in an attempt to keep his client's options open for the time being.

For their part, the city council acknowledged that they had received the claim notification and expressed their sympathies to Meier's widow. No other private or public entities have been named in the filing and no related suits have yet been filed.

Hearings Held in Lengthy UCF Wrongful Death Suit

Tuesday, August 10, 2010

The case of an athlete's death at the University of Central Florida is slowly moving forward but with trial dates set.

Ereck Plancher, a member of the UCF football team, died March 18, 2008, following a practice drill. The practice included a strenuous series of sprinting exercises called “gassers,” which the plaintiffs in the suit argue contributed to his death. Plancher may have suffered from a condition known as sickle cell trait, which is a blood disorder that can lead to certain complications under high-stress conditions.

Plancher's parents argue that the school is liable for wrongful death because it did not tell them or their son that he had tested positive for the condition.  The Plancher family attorney has repeated stated in open court that UCF has no written records indicating Plancher was told he tested positive. UCF attorneys are arguing that Plancher knew, or should have known, he had the genetic trait.  Additionally, UCF officials contend that since Plancher signed a liability waiver, this fact is irrelevant anyway.

Further complications in the case have arisen regarding the depositions of those involved, particularly the deposition of the football team's head trainer, Mary Vander Heiden. Both the defense and the plaintiff have alleged improper behavior on the part of opposing counsel, causing the case to proceed slowly. One judge has already stepped down from overseeing the case, as well.

A current round of hearings are set to determine if a special master is required to oversee deposition protocols, a measure that the presiding judge agreed is necessary. The court also imposed time limitations on the depositions and denied the plaintiff's requests to have the team's Head Coach's deposition heard in open court.

The entire affair is another prime example of how long legal proceedings can drag on. It has been more than two years since Plancher died, and still no date is set for the trial nor did the court schedule any new depositions. Court and legal costs are bound to be piling up at this point, further adding to the bereaved parents' burdens and worries as they look for resolution to a heartbreaking and traumatic event.

San Jose Man Dies as Result of Tasering

Tuesday, August 10, 2010

Tasers are once again in the news due to the death of a San Jose man during a police arrest. Steve Salinas was tasered and suffered fatal heart failure when police attempted to apprehend him in his motel room. Salinas’ daughter has filed a $20 million lawsuit against the San Jose Police Department as well as the Taser manufacturer, Taser International, Inc.

The suit alleges that the officers used the weapons excessively and with callous disregard for the reality of the situation they were presented with. Salinas’ daughter says her father was naked and had not committed any crime when the police burst into his room and repeatedly tasered him until his heart gave out. Salinas’ is the fifth taser-related death since the San Jose police were issued the devices in 2004.


All San Jose officers now carry tasers while on patrol. Watchdog and civil rights groups insist the weapons are not as safe as police claim they are. Some advocacy groups argue that the taser’s portrayal as a nonlethal weapon gives police a false sense of confidence and a willingness to use them more frequently than they otherwise would a firearm.


The police, for their part, stand by the events and the official report. They argue that Salinas was acting disturbed and confrontational, and that the use of force was required to apprehend him. The department also stands by the use of tasers as an alternative to more aggressive tactics.

 

The particulars of the case are still being hashed out, and it is too early to make a clear judgment about whether police acted appropriately. However, it is good that the matter is continuing to receive public attention. Whenever the authority to impose force is granted to any group, there is the potential for abuse. To maintain the greatest possible degree of freedom, every use of force must be examined carefully and unflinchingly in order to prevent abuse from becoming the norm.

Plavix Packaging to Contain New Warnings

Tuesday, August 10, 2010

The FDA has recently issued its strongest possible warning about the popular blood-thinning drug Plavix. The FDA warning states that some patients are unable to metabolize the drug. In short, their bodies can’t use the drug or their systems just ignore it. This is the result of a genetic trait, and many people who are taking Plavix may not be receiving any benefit from it nor even be aware of that fact. This can leave them at greater risk for heart disease and blood clots. From now on, the Plavix packaging will contain black box warnings about this so patients can be made aware.

The scale of Plavix sales cannot be overstated. In 2008, only the cholesterol-reducing drug Lipitor sold better. Millions of people use Plavix, and now a significant percentage of them may have to find an alternative. This is not to say that Plavix itself is dangerous, but information is key in treating illness. If doctors and patients are not aware that a medication isn’t working, it can slow down a switch to an alternative treatment that might be more successful. Unfortunately, genetic testing is one of the only ways to check for the trait and can cost up to $500. Doctors have stated that widespread genetic testing for the trait at this time would probably be premature, as the drug does work in over 97 percent of cases. But for those patients who have just learned of the new concerns involving the drug, uncertainties remain.

This incident involving Plavix illustrates the intermediary relationship that consumer advocacy groups, who protect us against dangerous drugs, maintain between consumers and manufacturers. Rather than waiting for harm to be done and lawsuits to be filed, private and public watchdogs bring information to light so that corrections can be made with the least possible disruption to everyone’s lives. Plavix is an effective drug that does a great deal of good. If this warning had not been communicated as early as it was, Plavix might have been caught in a storm of controversy later, and its ability to save lives would be reduced amid the conflict. As ever, information is key to a healthy, functioning society.

Enterprise Rent-a-Car To Pay $15 Million in Wrongful Death Lawsuit

Tuesday, August 10, 2010
Enterprise Rent-a-Car is no stranger to controversy. Last year, a Kansas City Star investigation revealed that the rental company had the side airbags removed from thousands of Chevrolet Impalas that it purchased for its fleet, and conveniently forgot to inform consumers that the cars they were driving did not have side airbags. In fact, its website continued to advertise these cars as coming with side airbag protections. The company also faces a lawsuit in Tulare County, involving a 16-year-old boy who suffered serious spinal cord injuries and was left paralyzed in an accident involving a Ford Expedition. The Expedition had been rented from Enterprise. Three people had been killed in that accident.

The rental company has however, lost its most recent wrongful death lawsuit involving the death of two sisters in Santa Cruz. The two young women, aged 20 and 24 years, were traveling in a rental 2004 PT Cruiser on October 7, 2004, when the car went out of control and crashed into a truck. The car burst into flames, and the two women were killed instantly.

Their families begin investigating the car that the two sisters had been traveling in at the time of the accident. Enterprise records revealed some appalling facts. The Cruiser that the women had been traveling in, had been recalled by Chrysler one year earlier. Chrysler said in its recall notice that the problem had to do with a power steering hose issue. A leak in the hose could lead to a fire.

More damning testimony against Enterprise came from one of its own managers who said that the policy of the company was to take as many bookings as possible, because it was impossible to tell when a car would be returned. In case of a car crunch, they said employees were free to rent out recalled vehicles too. There were no failproof systems in place to prevent recalled vehicles from being rented out. In fact, they claimed it was understood that if there was a shortage of cars, recalled cars could be made available to consumers.

It also doesn't look great on Enterprise’s record that the company offered the family of the two women $3 million if they could keep the case confidential. Not all publicity is good publicity in Enterprise’s case. The company must realize that damaging publicity like this and coming up against California wrongful death attorneys frequently, could actually cost it several times more than a returned car.