Archive for the ‘ Personal Injury ’ Category

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4
May

Fort Collins Jury Awards Woman $3.9 Million For Medical Mistake

May 4, 2012

A jury recently awarded a Fort Collins, Colorado, woman $3.9 million after a doctor’s mistake left her paralyzed. According to The Wall Street Journal, the payment was one of the largest of its kind in Colorado history.

Court documents show that the woman arrived at a local Fort Collins hospital in December 2006 complaining of weakness and dizziness combined with “the worst headache of her life.” Despite her blood pressure being dangerously high, the doctor who attended to the then 34-year-old woman concluded that it was just a migraine. He gave her some pain relievers and sent the woman on her way.

The woman was actually suffering from a mild brain bleed that would have been detected by a CT scan and was treatable with medication. The doctor’s misdiagnosis led to the woman becoming paralyzed on her right side after suffering a stroke.

The physician, who was required by law to carry medical malpractice insurance, asked his insurer to settle the case for $1 million; however, the insurance company refused and took the case before a jury. The $3.9 million ruling was the largest in Larimer County history.

Simply giving a patient a medication without a full and proper examination is often how a Colorado Drug Injury occurs. The Colorado Personal Injury Lawyers with the McDivitt Law Firm suggest always reading the warning labels and consulting with your pharmacist before taking any new medications.

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27
Apr

Colorado Lawmakers Working To Compensate Wildfire Victims

April 27, 2012

Victims of the recent Lower North Fork Wildfire may receive little to no compensation for their damages. According to 9 News Now, this is due to a state law that caps the amount the state will pay at $600,000 per incident.

The cap was raised to that amount following an accident in the late 1980s in which a boulder crashed into a bus traveling on a highway that should have been closed. At the time, the raise was significant. With inflation of the dollar and medical costs though, the total amount may not cover the damages suffered by the families of the three people who died and the 27 families with damaged homes.

In response to the funding shortage, Republican lawmakers have pushed for a bill to be passed that would allow a panel to ignore the cap and set the amount of damages as they see fit. The funding would then be pulled from several million dollars of the state budget set aside each year for the purpose of settlements.

Other lawmakers disagree with the bill though, and say that changing the cap for a high profile case is unfair to the numerous other injury victims who have suffered because of an accident the state caused and settled.

The Colorado Personal Injury Lawyers with the McDivitt Law Firm hope that the victims of the recent wildfire get what they need to get back on their feet.

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20
Apr

Notices Of Claims Filed Against Colorado For Lower North Fork Fire

April 20, 2012

Several families who were devastated by the recent Lower North Fork Fire have filed claims against the state of Colorado. According to 9 News, the notices allege negligence by Colorado for letting a prescribed burn get out of control.

The fire was set by local officials to clear undergrowth, but several sparks caught a breeze of wind and jumped a road, which ignited the blaze. In all, the wildfire killed three people, destroyed or damaged 27 homes, and burned more than 4,000 acres of land in Jefferson County, Colorado.

A total of eight claims notices were filed and served this past week. An insurance company whose policyholders had homes that were damaged filed seven of the notices, while the Intermountain Rural Electric Association filed the other notice.

The latter notice is claiming $1.2 million in damages for loss of equipment after the fire burned two miles of power lines, which had to be replaced to restore power to customers. Even though the state may face more claims in the future, a law which protects it from paying damages for accidents for which it’s held responsible will cap the state’s payout at $600,000 to be split amongst all who were affected.

The Colorado Personal Injury Lawyers with The McDivitt Law Firm would like to remind citizens of the dangers of wildfires and the importance of evacuating immediately if a fire is near you rhome.

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13
Apr

Denver VA Hospital Operating Rooms Shut Down Due To Contamination

April 13, 2012

Due to the risk of spreading diseases and infection, cleanliness in hospitals and doctors’ offices is vital. Because of this risk, the Denver Veterans Affairs (VA) Hospital has announced it has cancelled surgeries in its operating rooms so that the areas can undergo specialized cleaning, according to 9 News.

Officials with the hospital say that the decision was made after a “residue” was found on several surgical instruments in the rooms during a routine inspection that occurred last month. Surgeries proceeded as scheduled after the instruments were removed and sanitized; however, upon further inspection and testing of the residue samples, officials decided that all of the hospital’s surgical instruments should be specially cleaned and sanitized before any other procedures occur.

They have since cancelled all surgeries at the Denver facility until further notice. All elective surgeries were rescheduled, while emergency surgeries were contracted to other facilities. The VA did emphasize that no patient’s care has been compromised due to the incident.

An article released by Infection Control Today states that cross contamination during pre-operational preparation is the most common way in which contaminants are introduced into operating rooms.

The Colorado Personal Injury Lawyers with McDivitt Law Firm are glad to see that the contamination in this case was caught before any patients were harmed. That is not always the case though, and we want to help you if you have suffered an infection caused by surgery.

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9
Apr

Taking The Wrong Medications Can Have Serious Consequences

April 9, 2012

Every drug and medication for sale in the U.S. is required by law to have a stated intended use and must also offer a list of side effects that someone who consumes the product may experience. When someone takes a medication without a doctor’s prescription or approval, the side effects could be devastating.

For instance, a pregnant woman from Fort Lupton, Colorado, was accidentally given a drug by a pharmacist that could have harmed her unborn child. According to Fox News, the mistake happened in early February at a Safeway pharmacy in a local shopping center.

The woman told reporters that she was six weeks pregnant when she went to pick up her prescription for antibiotics. Instead, she was mistakenly given another woman’s prescription for the drug, methotrexate, which is used in the treatment of certain cancers. The drug could potentially cause a miscarriage or the child to be born with health problems. The woman stated that she didn’t notice the mistake because her name was very similar to the woman’s name that was on the prescription.

Safeway’s public affairs director stated the company is conducting an investigation into the incident to ensure nothing like this happens again.

The Denver Personal Injury Lawyers with the McDivitt Law Firm encourage you to always examine your prescription’s label closely before taking any medication. If you have any questions or notice any discrepancies, discuss them with your pharmacist immediately.

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4
Apr

Colorado’s Cap On Compensation Hasn’t Budged In Years

April 4, 2012

The Colorado Forest Service has accepted responsibility for the wild fire that has caused millions of dollars in damages to homes and property in the Denver area, as well as injuring dozens and leaving at least three people dead.

But according to FOX 31 News, if the state was to be sued in connection with the fire, the most it would have to pay would be $600,000 to be divided amongst all those who were affected.

The cap comes after a landmark decision in 1987 that was the result of another catastrophic accident. That year a boulder fell from a cliff next to a highway and smashed into a bus full of tourists. Governor Roy Romer took responsibility for not ensuring the highway was closed and promised to cover medical expenses and other costs for the families and victims.

In an unprecedented move that brought national attention, he decided that the state’s cap on the amount it would pay in damages was too low at $400,000 and raised the total by $200,000.

The cap has remained the same for the past 25 years as inflation has decreased the value of the dollar and medical costs have skyrocketed.

This is why the Denver Personal Injury Lawyers with the McDivitt Law Firm say it’s so important to discuss your legal options with an experienced attorney if you’ve been injured in an accident caused by someone else’s negligence.

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19
Mar

Aurora Firefighter Killed In Tragic Cycling Accident

March 19, 2012

The town of Aurora, Colorado, is mourning the loss of one of its firefighters after he was tragically killed in a bicycling accident on Friday. An article released by Colorado’s 9 News stated that the crash happened at the corner of East Quincy Avenue near South Uravan Street just after 7:30 a.m.

Reports of the incident filed by officers with the Aurora Police Department say that the firefighter, who had worked at the department for more than nine years and had made the rank of engineer, was riding his bike to work that morning. He attempted to cross the street using a marked crosswalk near Summit Elementary School. That’s when the 49-year-old driver of a 2002 Dodge Ram pickup truck failed to yield the right of way at the crossing and hit the man. The driver later told police he could not see the victim because the bright morning sun was blinding him through his windshield.

The firefighter was rushed by paramedics to a local hospital, but later succumbed to the massive injuries he had suffered. The driver was cited for careless driving resulting in death and failure to provide proof of insurance.

The Colorado Wrongful Death Attorneys with the McDivitt Law Firm understand how devastating this sudden loss must be to the family, friends, and co-workers of the victim. The firm would like to send their thoughts and condolences to everyone who has been impacted by this awful accident.

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16
Mar

Free Cab Rides Offered In Colorado Springs On St. Patrick’s Day

March 16, 2012

In anticipation of St. Patrick’s Day tomorrow and with the NCAA Basketball Tournament running throughout the weekend, more than 114 law enforcement agencies in Colorado will be stepping up their presence to deter drunk drivers from hitting the road.

In an article released by 9 News, the Colorado Department of Transportation stated that the last time St. Patrick’s Day fell on a Saturday was in 2007, and law enforcement across the state arrested 363 people for DUI offenses that night. Since then, the department estimates there has been a 48% increase in the number of drunken driving arrests on that holiday.

So, what should you do if you have had too much to drink and don’t want to drive home? If you live in the Colorado Springs area, you can call a cab free of charge thanks to the Safe and Sober program sponsored by the Colorado Springs DUI Accident Lawyers at the McDivitt Law Firm. The firm says that it will pay for your cab ride home Saturday night if you’ve had too much to drink. Just call one of the following cab companies and tell them your ride home is on McDivitt Law Firm:

  • Colorado Springs – Call Yellow Cab of Colorado Springs at (719) 777-777.
  • Pueblo and Pueblo West- Call City Cab Company at (719) 543-2525.

The McDivitt Law Firm would like to wish everyone a safe and happy St. Patrick’s Day!

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14
Mar

Drugged Driving On The Rise On America’s Highways

March 14, 2012

Recent studies have shown that there is a growing problem of drugged driving on America’s highways. The National Institute on Drug Abuse claims that drug use was seven times more common among weekend nighttime drivers in the U.S. than alcohol, as 16 percent of those drivers tested positive for drugs compared to 2 percent who tested at or above the legal limit for alcohol.

For example, police say a 43-year-old Boulder, Colorado, man was under the influence of a narcotic painkiller when he caused a nine-vehicle pile-up Tuesday evening. Reports from 9 News indicated that the accident happened along 19th Street, between Cedar and Iris.

The driver told police that he had taken the Percocet for a stomach problem before blacking out at the wheel and causing a string of collisions. He was arrested and said he didn’t remember hitting the other vehicles. He faces charges of vehicular assault, DUI, reckless driving, and hit-and-run causing injury.

Surveys have shown that many people believe they can get away with drugged driving because they think police can’t prove they are under the influence if they are pulled over. However, advancements in technology and law enforcement education have given officers the tools they need to determine if a driver is under the influence of drugs.

The Boulder Car Accident Lawyers with the McDivitt Law Firm encourage you to take medications only as prescribed and to adhere to all warning labels.

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12
Mar

Colorado-Based Construction Company Fined For Scaffolding Collapse

March 12, 2012

Colorado-based Hensel Phelps Construction Co. was fined $18,000 on Monday by the California Occupational Safety and Health Administration (COSHA) for its part in an accident that occurred on September 14, 2011, that injured 11 motorists and two construction workers. Reports from U-T San Diego indicate that the collapse of overloaded scaffolding was to blame for the accident.

The accident occurred at the San Ysidro Port of Entry, a United States-Mexico border site currently undergoing expansion work. Construction workers at the site had loaded demolition debris onto the scaffolding, including large sections of plaster and stucco, causing it to collapse.

COSHA found Hensel responsible for allowing workers to overload the structure and not enforcing safety regulations that limit the amount of weight allowed on scaffolding. One of the company’s subcontractors was given a fine in the same amount for similar charges.

The agency is also blaming a third company, Miller Environmental, for contributing to the accident by alleging that the company failed to properly train workers for their new job assignments, among other faults. Miller was fined a total of $19,120 for three violations.

The Colorado Workers’ Compensation Lawyers with the McDivitt Law Firm would like to remind Colorado workers that employers have a responsibility to provide employees with a safe work environment. We are here to help you if you have been seriously hurt in an on-the-job accident that was caused by another person’s negligence.

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