Category Archives: Uncategorized

Hammond police sued over use of Taser during traffic stop

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.chicagotribune.com

A federal lawsuit accuses Hammond police of "malice" and "reckless indifference" when they smashed a car window and used a Taser on a passenger during a traffic stop last month.

But Hammond police, in a two-page rebuttal, said they resorted to force only after the passenger repeatedly refused to leave the car and kept reaching toward the back seat, prompting fears he may have had a weapon.

Neither the police statement nor the lawsuit say a gun was found in the car.

The incident happened around 3:30 p.m. on Sept. 24 when Lisa Mahone was pulled over as she drove with a friend, Jamal Jones, and her two children, 7 and 14, according to the lawsuit filed Monday in Indiana.

The officer told Mahone, 47, she was stopped for not wearing her seatbelt and asked for her driver’s license. The officer also asked to see Jones’ identification, according to both police and the lawsuit.

Mahone produced her license, but Jones told the officer he had been ticketed for not paying his insurance and did not have his license, the lawsuit states. 

Choke hold complaints against N.Y.C. police on the rise: report
Choke hold complaints against N.Y.C. police on the rise: report

Jones claims the officer drew his gun "for no reason" after Jones retrieved the ticket from his backpack and "offered the ticket to the officer."

But police say Jones refused to hand over the ticket. "(Jones) refused to lower the window more than a small amount, then told the officer that ‘he was not going to do (the officer’s) job’ and for him…

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Roughly 30 percent of former NFL player may develop Alzheimer’s, other brain conditions

Today’s post was shared by Gelman on Workplace Injuries and comes from www.techtimes.com.

NFL

The NFL is a big deal, making billions every year. But is it doing enough to take care of league players, former and current?
(Photo : Keith Allison)

According to a report released by the National Football League Friday, three out of every 10 former NFL players are likely to develop brain conditions, like Parkinson’s and Alzheimer’s disease, and at earlier ages compared to the general population.

Released as supporting evidence in a class-action suit against the league, the report calculated that the NFL’s proposed settlement of $675 million will be sufficient to award damages to affected former players. Out of the 19,400 former league players, the NFL and opposition lawyers estimate that around 28 percent of them, about 6,000 individuals, will develop Alzheimer’s disease or some other form of dementia as a consequence of their time playing for the NFL.

The American football league is being sued for allegedly hiding information that associated brain injuries to concussions. Presiding over the lawsuit is Senior U.S. District Judge Anita B. Brody, who has first expressed concern that $675 million will not be enough to cover all of the damages. The report was released in response to her concerns.

Aside from $675 million for compensation, the NFL also proposed spending $10 million for research purposes, $75 million to undertake baseline assessments, and $5 million to raise awareness in the public.

With the fund estimated to annually earn 4.5 percent, both sides have deemed the…

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Lawsuit: Doctor didn’t inform patient of cancer

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.chicagotribune.com

Amber Hines
Amber Hines

A west suburban woman is contending in court that a doctor neglected to share test results showing her father had cancer, which later killed him.

Her lawsuit states that Dr. Alan Sadah, a urologist who practices at West Suburban Medical Center in Oak Park, told Edward Hines he was cancer-free after removing a tumor on his bladder in early 2011. A week later, a pathology report showed the Oak Park man had bladder cancer, but Sadah didn’t inform his patient, according to the suit.

Edward Hines
Edward Hines

Hines didn’t learn he had cancer until he visited another doctor a year later, said his daughter, Amber Hines, of Lyons, who is pursuing a medical malpractice suit her father filed a few months before his death in April 2013 at age 58. Attorneys from each side are to meet Friday to discuss details of the case.

Amber Hines says her father’s chances of survival would have been better if he had known the diagnosis earlier. "We went an entire year without treatment, which was extremely devastating," she said in an interview.


Friends help 'Interrupters' star battling cancer
Friends help ‘Interrupters’ star battling cancer

In court documents, Sadah contests Hines’ account of what happened after he removed the tumor on Jan. 24, 2011. The doctor says a cancerous lesion was found that day and that he told Hines he had cancer. Hines failed to follow up as Sadah instructed, he said.

Sadah also said Hines did not ask for the pathology report later. "Edward Hines failed to seek or obtain the results of the pathology report…

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Cal/OSHA fines aviation company in death of LAX baggage worker

Today’s post was shared by Gelman on Workplace Injuries and comes from www.latimes.com

LAX ramp area
LAX ramp area

State officials fined an aviation services company $77,250 on Wednesday for five safety violations related to the death of a baggage worker in February at Los Angeles International Airport.


Related: Luggage cart that killed LAX worker had no seat belt, officials say
Related: Luggage cart that killed LAX worker had no seat belt, officials say

The California Division of Occupational Safety and Health leveled the penalty against Menzies Aviation, whose employee, Cesar Valenzuela, 51, died after being thrown from a baggage tug that did not have a functional seat belt.

Cal/OSHA investigators said seatbelts were required for the vehicle and that Menzies’ safety policies related to baggage tugs did not require and even discouraged the use of restraints in certain areas of LAX.

"This fatality could have been prevented with a well thought out and implemented safety plan as is required for all worksites in California," said Christine Baker, director of the state Department of Industrial Relations.


Decision on seeking death penalty for accused LAX shooter due by fall
Decision on seeking death penalty for accused LAX shooter due by fall

Menzies and other aviation service companies contract with airlines to provide cabin cleaners, security personnel, custodians, wheel-chair assistants and baggage handlers.

The citations prompted union officials and service company employees to renew their calls for improvements to working conditions at LAX, the nation’s third-busiest airport.

"Workers punching in at the start of a shift ought to be able to finish the day without risking their health or losing their life,"…

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Family of BU student killed in fire prepares lawsuit

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.bostonglobe.com

Binland Lee

The family of a 22-year-old Boston University student who died in a fire last year after getting trapped in her attic bedroom is filing a lawsuit against the landlord and brokers, accusing them of renting an illegal apartment with insufficient exits and a faulty fire-alarm system.

The wrongful death suit, which is expected to be filed Wednesday in Suffolk Superior Court, comes three months after the Globe’s Spotlight Team published a detailed reconstruction of that terrifying morning in Allston when Binland Lee’s last screams were heard as her fellow tenants jumped out of third-floor windows at 87 Linden St.

The Spotlight investigation revealed persistent problems at the overcrowded house and the failure of key individuals — from the building’s past and present owners to city regulators — to do much about them. When Lee, a marine science major from Brooklyn, moved into the building in 2012, landlord Anna Belokurova was renting out nearly every space as a bedroom, leaving the tenants on the third floor with only one way out, down a flight of stairs. On April 28, 2013, those stairs were blocked by surging smoke and flames.

The first warning people on the third floor received of the approaching inferno was when the smoke detector on the ceiling of the attic’s common hallway was activated, according to the lawsuit. By the time the alarm went off, thick smoke and heat made it impossible to use the stairs to escape.

The apartment did…

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Mother files wrongful death lawsuit over 19-year-old son who died on Rikers Island in solitary confinement

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.nydailynews.com

Andy Henriquez, 19, suffered a slow, agonizing and lonely death while he was locked up in solitary confinement at Rikers Island, court papers charge.
Andy Henriquez, 19, suffered a slow, agonizing and lonely death while he was locked up in solitary confinement at Rikers Island, court papers charge.

A 19-year-old man suffered a slow, agonizing and lonely death while he was locked up in solitary confinement at Rikers Island, court papers charge.

Andy Henriquez, his friends, family members and even his fellow inmates pleaded with guards to get him proper medical help in the days before his April 7, 2013, death, but prison officials just turned a deaf ear, his mother charges in a wrongful-death suit.

“We believe the conditions at Rikers . . . are deplorable,” said the family’s lawyer, Carmen Giordano.

A MAY 17, 2011 FILE PHOTO
A MAY 17, 2011 FILE PHOTO

The suit, filed in October and seeking unspecified damages, says that while in lockup, Henriquez complained frequently about chest pains and breathing problems before dying of a ruptured aorta.

A city Law Department rep declined to comment. A spokesman for the city Correction Department said the agency cannot comment on ongoing litigation.

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Sedgwick County judge dismisses toddler death lawsuit

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from cjonline.com

WICHITA — A Sedgwick County judge has dismissed a lawsuit accusing a state agency of failing to protect a toddler before she was killed.

Sedgwick County District Judge William Woolley said in his ruling that Kansas law “does not impose on child welfare agencies an independent duty” in the investigation of child abuse. And because there is no duty, or legal obligation, there can be no claim of negligence against the state child-protection agency, the judge wrote.

Woolley’s ruling last week was in response to a lawsuit brought after the death of 18-month-old Jayla Haag, who died in 2012 with injuries that included brain swelling, bleeding around her eyes and teeth that had been forcibly removed. The lawsuit, brought on behalf of the child’s father, claimed DCF was told Jayla was being abused and did nothing to protect her.

The state had sought the dismissal of the lawsuit.

DCF spokeswoman Theresa Freed said in a statement Friday that the agency appreciates the judge’s “careful consideration of this case,” The Wichita Eagle reported (http://bit.ly/UvEhBe).

“Any death of a child is a tragedy, and our hearts go out to those mourning the loss of a child. DCF takes seriously its responsibility to protect children,” Freed said.

Jayla was living with her mother, Alyssa Haag, and her mother’s boyfriend in El Dorado at the time of her death. Alyssa Haag, 24, was sentenced for involuntary manslaughter-reckless and is serving…

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California schools face lawsuit over physical education classes

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.latimes.com

P.E. lawsuit
P.E. lawsuit

Thousands of elementary school teachers have been asked this summer to hold on to their lesson plans as 37 school districts throughout the state seek to show that they are providing students with required exercise.

A lawsuit was filed in October in San Francisco County Superior Court on behalf of plaintiffs Marc Babin, a parent, and Cal200, an organization he heads that advocates for elementary school physical education. Babin’s children, now adults, went to school in the Alameda Unified School District, one of the defending districts, according to his Albany, Calif., attorney, Donald Driscoll.

"School districts have been routinely ignoring the law," Driscoll said. And the Los Angeles Unified School District, the state’s largest, "has been a particular offender. They give lip service to the idea that P.E. is important. That just plain doesn’t work. What that produces is kids who don’t get enough exercise."

L.A. Unified, along with Palm Springs Unified and others, have asked teachers to show that they are meeting state requirements for physical education. The lesson plans typically outline schedules for instruction, activities and classes.

New database details pay of California public school employees
New database details pay of California public school employees

In addition to lunch and recess, schools must offer kindergarten through sixth-grade students 200 minutes of physical education instruction for every 10 days of class, as required in the state Education Code.

The teacher records could be compared to…

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