On behalf of Maschka, Riedy & Ries Law Firm posted in Wrongful Death on Saturday, May 25, 2013
Every year, thousands of people in Minnesota and throughout the nation die from cancer. The cure for this dread disease is still not evident, but one Los Angeles doctor claimed that her herbal supplements would cure not only cancer, but diabetes and multiple sclerosis as well. She bilked patients out of more than $1.1 million and caused several cases of wrongful death before she was finally arrested and convicted.
The 58-year-old Los Angeles doctor received a federal prison sentence of 14 years for her actions. She was convicted of witness tampering, wire fraud and tax evasion. Some prosecutors said that they had never seen a worse example of fraud and called the doctor a "callous" and "insensitive" person who preyed on people at their weakest. She was ordered to forfeit more than $1.2 million in personal assets as a result of her conviction.
On behalf of Maschka, Riedy & Ries Law Firm posted in Wrongful Death on Thursday, May 23, 2013
A woman serving 15 years in a Mankato prison for killing her husband now faces a civil suit led by her former sister-in-law. The victim's family is seeking punitive damages in a wrongful death claim. The family is seeking to recover damages after the woman is released from prison.
The woman responded to the lawsuit in writing. She briefly apologized, but disagreed that her late husband's family should be compensated. Her response particularly targeted her former sister-in-law as the incarcerated woman argued that she was ordered to pay her husband's funeral expenses out of her prison earnings. She also made other allegations against her former sister-in-law that were unrelated to the lawsuit. The deceased husband's family has stated that they do not plan to personally profit from any money received from the civil suit. A scholarship has already been established in the woman's husband's name, and the rest of the money would be used for a nonprofit foundation.
On behalf of Maschka, Riedy & Ries Law Firm posted in Wrongful Death on Saturday, May 18, 2013
A 94-year-old Minnesota man is facing vehicular homicide charges after an accident that left a woman dead. The accident occurred when the man rear-ended a Chevy Trailblazer, which then struck a tree. The driver of the Trailblazer was transported to a local hospital, where she later died from her injuries. According to the Minnesota State Patrol Report, witnesses say the elderly driver was swerving across the center lane just before the crash and that he failed to slow to the speed limit when he entered the town of Truman, Minnesota.
Neighbors of the man suspected that he may have experienced some kind of medical trauma at the time of the accident, like a stroke or seizure. The charges state that he caused a wrongful death by operating a vehicle in a grossly negligent manner. A Faribault County attorney did not comment on the charges and no comments were available from the accused.
On behalf of Maschka, Riedy & Ries Law Firm posted in Drunk Driving Accidents on Thursday, May 16, 2013
Minnesota residents might be interested to hear that the National Transportation Safety Board made a proposal on May 14 that all 50 states in the U.S. adopt a new blood alcohol content level threshold of 0.05 rather than the current 0.08. The board asserts that the current threshold is not doing enough to prevent the deaths caused by alcohol-related accidents each year.
The NTSB says that tougher drunk-driving laws would help eliminate drunk driving, which is responsible for thousands of traffic accidents and fatalities in the U.S. every year, the board says. They say that lowering the BAC threshold to 0.05 would save between 500 and 800 lives annually.
On behalf of Maschka, Riedy & Ries Law Firm posted in Wrongful Death on Sunday, May 12, 2013
According to an analysis conducted by the National Safety Council, crashes in which drivers are on the phone are substantially underreported. The lack of accurate reporting gives the impression that the issue of distracted driving is less common than it actually is. This impression leads to difficulty in passing tougher laws against distracted driving. Tougher laws may lead to fewer instances of personal injury on the road.
The National Safety Council reviewed 180 crash cases in a study that was partially funded by the Nationwide Mutual Insurance Company. The accident cases took place between 2009 and 2011. There was strong evidence in each case that the driver had been using a cell phone. Half of the 2011 accidents were coded in the National Highway Traffic Safety Administration's accident base as involving the use of a cell phone while eight percent of 2009 accidents and 35 percent of the accidents in 2010 were coded as incidents involving cell phones. The council stated that even in cases in which there were fatalities involved and the driver admitted to using a cell phone, cell phone use was not noted in the database.
On behalf of Maschka, Riedy & Ries Law Firm posted in Personal Injury on Friday, May 10, 2013
A collision involving a freight train and a tanker truck hauling hazardous material closed a major highway and caused the evacuation of a nearby school. The truck was carrying anhydrous ammonia from a nitrogen company's fertilizer terminal. The accident caused the tanker to leak anhydrous ammonia,??????which became airborne, over the fertilizer terminal. A spokesman for the nitrogen company stated that there was no immediate concern for public safety.
The driver of the truck needed to be airlifted to the hospital. He was listed in critical, but stable condition. Three of the crew members from the train were treated for injuries at a nearby hospital. They have since been released. One truck driver needed medical attention following a visit to the terminal. Contact with anhydrous ammonia can result in severe burns to skin, eyes and the respiratory tract.
On behalf of Maschka, Riedy & Ries Law Firm posted in Wrongful Death on Friday, May 3, 2013
A Minnesota wrongful death lawsuit involving a workplace shooting rampage hinges on whether one of the victims was targeted by the shooter or whether he was simply caught in the crossfire while doing his job. A Minneapolis man shot and killed six people at his former workplace on September 27, 2012 after he was fired. The family of one of the victims is now suing the company for wrongful death because they say the company should have been more aware of the shooter's inclination toward violence.
The company's attorney said that the death falls under the Minnesota Workers' Compensation Act and that the lawsuit should be dismissed. The family's attorney said that the death falls under an exception to the Workers' Compensation Act, which covers injury or death caused by personal reasons. The victim's family says that the shooter's violent response to his firing should have been expected based on his past comments and actions. If so, the company could be liable for wrongful death damages.
On behalf of Maschka, Riedy & Ries Law Firm posted in Personal Injury on Friday, May 3, 2013
Minnesota doctors and nurses who engage in disruptive behavior may be causing problems for more than just their colleagues. When medical professionals engage in disruptive behavior, defined by the Joint Commission as physical threats, verbal outbursts or refusing to perform duties, it can cause injury to patients. This means problems in the workplace can end up impacting how well doctors and nurses are able to do their jobs.
One psychologist from the DePaul University in Chicago has pointed out that even well-trained and experienced doctors can make mistakes if they are arguing with a nurse or another doctor. Further, even if someone is not engaging in improper behavior, they may be distracted during a procedure by an argument taking place nearby. Since 2009, healthcare professionals have been investigating intimidating and bullying behaviors and if they undermine the culture of safety hospitals try to build.
On behalf of Maschka, Riedy & Ries Law Firm posted in Personal Injury on Saturday, April 27, 2013
A truck driver's statement that he had used drugs shortly before a fatal accident has been ruled admissible in court by a judge. The ruling comes in the preliminary stages of a criminal case involving charges of felony homicide by negligent operation of a vehicle. The July 31, 2012 crash claimed the life of a 43-year-old Minnesota truck driver. A civil case of wrongful death or personal injury may follow due to the implications of liability suggested by the man's statement.
Prosecutors allege that the defendant, a 23-year-old truck driver from California, stopped his truck in the right lane of U.S. Interstate 94 near a Menomonie, Wisconsin, rest area. The truck driven by the Minnesota man collided with the stopped semi and caught on fire. The driver of that truck survived the crash but died in the blaze, according to autopsy results.
On behalf of Maschka, Riedy & Ries Law Firm posted in Wrongful Death on Friday, April 26, 2013
Three members of a Minnesota family were killed when the van they were traveling in rolled on U.S. Interstate 94 in Minneapolis. The van was struck by another vehicle that had been involved in another collision. This caused the van to roll multiple times, resulting in the injuries of some occupants and the wrongful death of three passengers.
Killed in the accident were an 80-year-old woman described as the family matriarch, a 47-year-old woman and a 16-year-old boy. Five other members of the family survived although all received injuries of varying severity. A previous accident, caused by a drunk driver nearly 20 years ago, had caused the 47-year-old woman to lose the use of an arm.