Melinda Helbock Law Blog

Family Sues City of San Diego and Trash Truck Driver

Posted on April 4, 2012

The family of a nine-year old North Park boy who lost a leg when he ran into a trash truck is suing the city of San Diego and the truck driver, according to an April 3 edition of the San Diego Union Tribune.

The truck accident occurred when Luke Acuna was riding his skateboard on the sidewalk along Kansas Avenue and then crossed Meade Avenue in North Park. He looked back to see his friends when he was hit by the truck making a three-point-turn.

The boy had to have his left leg amputated, suffered internal injuries and broken bones, and was placed in a medically induced coma. He has had a number of surgeries.

Luke is the son of Anthony and Dawneva Acuna. Their lawsuit was filed in San Diego Superior Court on March 17, seeking over $10,000 in damages. The suit claims the Acunas have lost the ability to earn a living since the accident. In addition, they are asking to be compensated for medical costs.

The boy has spent 100 days recovering at Rady Children’s Hospital since the accident last November. According to the boy’s doctor, Dr. Andrew Skalsky, who is the hospital’s director of rehabilitation, Luke is making significant progress. He began physical therapy a month ago.

“It’s been a long journey,” Dr. Skalsky said. “He’s getting closer to home every day.” Dr. Skalsky said that long term “Luke is going to come through very nicely.”

Police Lieutenant Andra Brown said the truck driver was not cited, since an investigation indicated that Luke was at fault.

Sources:

To speak with a San Diego personal injury attorney about a possible case, contact the Law Office of Helbock Law today.

Speeding Motorcyclist Doing Wheelies Hits Sedan in San Diego

Posted on March 27, 2012

According to the San Diego Union Tribune, a 30-year-old man was injured in a motorcycle accident March 16 while doing wheel stands on his motorcycle.

According to Officer David Stafford the man was riding a 1991 Kawasaki east on Meade Avenue at a high rate of speed at around 4:30 p.m.

He struck a Honda sedan which was turning left from Wilson Avenue onto Meade.

The man was thrown off of his motorcycle and had a head trauma and a fractured femur. He was transported to a hospital.

The police officer said alcohol was not involved in the accident.

Source: San Diego Union Tribune

Motorcycle accidents often involve serious, catastrophic injuries. If you or someone you love is seriously injured in a motorcycle accident, contact a San Diego personal injury lawyer today.

Two Women Injured in San Diego Car Crash

Posted on March 6, 2012

Two women were reportedly injured in a San Diego rollover crash, Feb 3. The accident occurred at approximately 8:30 p.m. at the intersection of Evergreen and Ibsen Streets.

San Diego police reported that the car rolled over after crashing into a light pole. Firefighters who responded to the accident rescued two women who were trapped inside the car and rushed them to the hospital. The names of the women have not been released.

Police say alcohol may have contributed to the auto accident.

(Source: CBS8.com)

San Diego auto accident lawyer Melinda Helbock represents people that are injured in car accidents. If someone you love is critically injured in a San Diego car accident, she may be able to help you seek compensation, especially if the accident was caused by another’s negligence.

For more information, contact our law office to schedule a free consultation to discuss your case.

Cadence Recalls OFIRMEV Due to Unidentified Particle

Posted on February 7, 2012

Cadence Pharmaceuticals, Inc., announced Feb. 6, 2012, it was voluntarily recalling a single lot of its injectable acetaminophen product OFIRMEV®, used primarily for patients in the hospital.

OFIRMEV® is prescribed to treat mild to moderate pain and moderate to severe pain in conjunction with opioid analgesics and to treat fever. The manufacturer warned that the pain control medication might mask fever in patients following surgery.

The recalled lot number is V005710. The recall was undertaken because an unidentified visible particle was found in one vial of the lot during routine stability testing. Cadence distributed the tainted lot beginning in January 2011 to hospitals, wholesalers and distributors. The company said it thinks that fewer than 1,000 vials are currently on the market.

No adverse events associated with particulate matter have been reported to Cadence. The pharmaceutical company said it was taking the action as a precautionary measure.

Clinical trials leading up to the drug’s approval involved 1,020 adults and 355 children. Two of the trials were conducted to determine the safety and effectiveness of OFIRMEV® in treating pain. One trial tested the drug in treating fever. The efficacy of the medication has not been tested in children younger than two years old.

The company warned patients not to exceed the daily dose of acetaminophen. Taking acetaminophen by any route in doses higher than recommended could injure the liver, the warning said, including severe toxicity to the liver and death.

Health care providers are cautioned to administer OFIRMEV® for no more than a 15-minute intravenous infusion of the drug to patients with impairment or active disease of the liver, alcoholism, chronic malnutrition, severe hypovolemia (low blood volume), or severe kidney malfunction.

Source: Sacramento Bee

If you or a loved one has been harmed by a recalled or defective drug, contact San Diego personal injury lawyer Melinda Helbock today.

El Cajon Man Arrested for Stealing Nearly $120,000 from Elderly

Posted on January 10, 2012

A man was sentenced to two years in county jail and three years of supervised probation for stealing from two elderly people that were under his care. Attila Buki, 71, was sentenced on Dec. 10, 2012 for appointing himself power of attorney to two people when he owned The Summer Place residential care facility located in El Cajon. Buki allegedly stole $120,000 from the two residents.

“He was able to do that because they both had dementia, very advanced dementia and they were not aware of what they were signing at the time,” said Deputy Attorney General Hardy Gold.

According to an article published by 10News, Buki was ordered to pay $119,000 to the estates of the two victims.

(Source: 10News)

When someone steals from an elderly person, it is considered elder abuse and should not be tolerated. If you suspect that someone is stealing from your elderly loved one or has mistreated him or her in any way, you can seek legal help by contacting a San Diego elder abuse lawyer at The Law Office of Melinda J. Helbock, A.P.C.

FAA Addresses Pilot Fatigue

Posted on December 27, 2011

New rules aimed at preventing dangerous fatigue among pilots were announced by the Federal Aviation Administration (FAA). According to an article published by the United Transportation Union (UTU), the new rules are in response to a 2009 Colgan Air crash that killed 50 people.

The rules, which do not affect all-cargo aircraft pilots, include:

Flight duty times range from 9 to 14 hours and include deadheading (the time the pilot spends flying to the job).
Depending upon the start time of the pilot’s flight duty, flight time limits will be 8 or 9 hours.
Resting periods between shifts will be 10 hours; pilots must be able to obtain 8 hours of uninterrupted rest.
Under the new rules, pilots must have 30 consecutive hours of rest each week (a 25 percent increase).
Pilots that are flying at night, across multiple time zones, or on schedules with several landings and takeoffs will be given shorter shifts.

Pilots will now be required to sign paperwork before each flight, stating that they are rested. According to the article in the UTU, the new rules are scheduled to take effect in 2 years and will cost passenger airlines nearly $300 million over a 10 year period. Airlines are expected to save between $247 and $470 million in reduced accidents and decreased health-care expenses for pilots.

(Source: UTU)

Aviation accidents have the potential to cause devastating injuries and death. To speak with a San Diego plane crash lawyer about an airplane crash involving a serious injury or death, contact Melinda Helbock at the Law Office of Melinda J. Helbock, A.P.C. today.

FDA Takes Action against California Surgical Centers

Posted on December 13, 2011

The U.S. Food and Drug Administration (FDA) sent warning letters to 8 surgical centers in California and a marketing firm for misleading advertising of the weight loss device, the Lap-Band. The agency announced its action against the companies on Dec. 13.

According to the FDA announcement, the companies failed to include important and required risk information in various advertisements, including billboards.

“The FDA takes seriously its responsibility to protect consumers from products promoted without adequate warnings,” said Steve Silverman, director of the Office of Compliance in the FDA’s Center for Devices and Radiological Health. “It’s particularly troublesome when advertisements don’t communicate the serious risks associated with medical devices.”

The FDA requires medical device companies to include information about the potential dangers and side effects associated with their products. The FDA also noted its concerns that the font size used on the Lap-Band advertising inserts may be too small for consumers to read.

The Lap-Band is an implanted medical device used for weight loss surgery in obese adults who have failed in other attempts to lose weight. It is not intended for people under the age 18.

The federal agency noted that all patients who are considering using the Lap-Band need to be aware not only of the potential risks, but also be committed to lifestyle changes such as diet changes.

The FDA issued warning letters to the following companies: Bakersfield Surgery Institute Inc.; Beverly Hills Surgery Center; San Diego Ambulatory Center LLC; Valley Surgical Center; Top Surgeons LLC; Palmdale Ambulatory Center; Valencia Ambulatory Center LLC; Cosmopolitan Plastic & Reconstructive Surgery; and to 1-800-GET-THIN.

(Source: FDA)

Bicyclist Injured in San Diego Accident

Posted on November 30, 2011

A woman sustained serious facial injuries Nov. 29 after being struck by a car while riding her bicycle in the College Area, reports the San Diego Union Tribune.

The 23-year-old woman was reportedly riding her bike at about 5:30 p.m. when she was hit by a Hyundai sport-utility. The driver, a 55-year-old man, was allegedly trying to pass the woman who was riding southbound on College Ave.

According to local police, the vehicle clipped the woman’s bike while trying to pass her in the slow lane. The woman suffered serious fractures to her face, reports say.

(Source: Sign on San Diego)

If you or someone you love is hit by a car while riding a bicycle, the injuries can be severe. San Diego personal injury lawyer Melinda Helbock represents injured individuals throughout the county. To schedule a free case review, please contact The Law Office of Melinda J. Helbock, A.P.C.

Storm to Hit San Diego: Tips for Safe Driving

Posted on November 8, 2011

A storm is expected to hit San Diego County this weekend, starting Friday night. According to the National Weather Service, the storm is expected to bring about 2 inches of snow to San Diego County’s mountains and several inches of rain across the county.

With the storm on the horizon, San Diego personal injury attorney Melinda Helbock offers safe driving tips to help you prepare for the stormy conditions ahead. Heavy rain can make it more difficult to see other vehicles, road signs and debris in the road.

Safe Driving Tips for Wet Roads

Check your tires as bald tires can reduce your traction on wet roads
Slow down and keep enough distance between you and the car ahead as slick roads can make it more difficult to stop or adjust
Try to stay in the middle lanes when driving on the freeway as water tends to accumulate in the outside lanes
Avoid driving too close to large trucks or buses as the spray from large tires can make it more difficult to see
When slowing down, take your foot off the accelerator slowly and avoid slamming on the brakes
Be more attentive and watch for brake lights ahead
Turn your headlights on when raining, even if it is not completely dark; this will make you more visible to other drivers on the road

There are certain precautions you can take when driving in stormy conditions. But, sometimes it is impossible to avoid other aggressive and/or reckless drivers on the road. If you are involved in an auto accident because of another driver’s negligence, you may be able to seek compensation for your injuries.

To schedule a consultation with an experienced San Diego auto accident lawyer, please contact Melinda Helbock today.

My Baby Was Born With a Birth Injury, Do I Have a Claim?

Posted on November 1, 2011

The short answer is maybe. There are several factors that can lead to a birth injury, some of which are preventable. You will have a legal claim if your baby’s injury was caused by negligence. A qualified birth injury lawyer will be able to determine whether negligence played a role in your baby’s injury and will be able to help you pursue compensation for damages if negligence can in fact be proven.

Examples of negligence that might lead to birth injuries include:

Failure to detect fetal distress or other complications
Failure to perform an emergency C-section when necessary
Improper use of forceps and other medical devices during delivery
Delaying a C-section for too long, causing oxygen deprivation

When a doctor, nurse or other health care provider makes a mistake during delivery, the consequences can be devastating. Birth injuries can range from minor with few symptoms to severe with debilitating symptoms.

Examples of Birth Injury Claims

Facial paralysis from improper use of forceps
Lacerations of the scalp from vacuum extraction
Cerebral palsy or Erb’s palsy from oxygen depravation
Broken bones when the baby is too large for the mother’s canal

If you suspect that negligence played a role in your baby’s birth injury, you should speak with an attorney right away. To speak with an experienced and qualified birth defect attorney in San Diego, contact The Law Office of Melinda J. Helbock, A.P.C.