Showing posts with label Lawsuit. Show all posts
Showing posts with label Lawsuit. Show all posts

Thursday, May 27, 2010

Man dies from uterine cancer passed on by transplant

A man has died of cancer, given to him via a transplant. For Vincent Liew, the kidney he received from a woman seemed to be a lifesaver, but it ended up being a killer.

Donor Sandy Cabrera had died of a stroke the day before Liew received her kidney. It wasn't until an autopsy found the uterine cancer, days after her death, that it was known that she carried the disease. At that time, Liew's doctors doubted it could spread to him.

Seven months later, however, Liew was killed by cancer that his autopsy linked to the transplant. His death is believed to be the only reported instance of uterine cancer apparently being transmitted by transplant, medical experts say. It is also the subject of a medical malpractice trial in which closing arguments were scheduled for Thursday.

What is unclear is why the news of Cabrera's cancer took so long to reach Liew's New York City transplant surgeon, Dr. Thomas Diflo. Liew's transplant was Feb. 25, 2002; the news did not reach Diflo until April 17, 2002.

Kimberly Liew, his widow, is suing the transplant hospital, NYU Langone Medical Center, saying doctors there should have removed the kidney as soon as they learned of the donor's cancer. However, Diflo testified that he told Liew the safest route was to remove the kidney, although he did tell Liew the odds of developing the cancer were slim, as it was uterine cancer.

As such, Liew himself made the decision to keep the kidney. Tests given from May to August found no indication of cancer in the kidney. It was later that year, suffering from back pain, that Liew had Diflo remove the kidney, on Aug. 29, 2002. Once removed, it was apparent the kidney was laden with tumors; Liew died within a month.

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Monday, February 22, 2010

Toyota's Recalls May Help Man Convicted Of Vehicular Homicide

Toyota's woes may prove a boon to a Minnesota man who was convicted of vehicular homicide. He claimed, at the time, that his Camry suddenly accelerated and slammed into another car, killing three members of a family.

In June 10, 2006, Koua Fong Lee, 32, was driving home from church. In his 1996 Toyota Camry were his pregnant wife, his daughter, brother and father. After exiting Interstate 94 he smashed into the back of an Oldsmobile. The Camry hit the other car at a speed estimated between 70 and 90 miles per hour. Lee testified he shouted to his family, "Brakes, brakes not working," just before the crash.

Javis Adams and his 10-year-old son, Javis Adams Jr., died at the scene. Devyn Bolton succumbed to injuries from the crash a year later.

After Toyota's recent swarm of recalls, Lee's lawyers discovered that some 1996 Camrys had been themselves the subject of a recall because of "unintended acceleration" caused by a flaw in the cruise control. The recall was not presented as evidence at the trial.

In fact, while a 1996 model would not be among those in Toyota's recent recalls, the National Highway Traffic Safety Administration has received more than 17 complaints from owners of other 1996 Camrys alleging sudden acceleration. Among them:
  • "Vehicle accelerated on its own."
  • "It was a very dangerous situation."
  • "The vehicle reached speeds of 60-80 mph while running two stop signs. Had to crash into a tree and another vehicle to stop the vehicle."
The last was very recently reported, in Oct. 2009.

Lee was given an eight year sentence and has been in prison for two. In criminal cases, a reasonable doubt is all that is necessary for an innocent verdict, and it appears reasonable doubt has even reached the family of those killed.

Bridgette Trice, whose seven-year old daughter later died from injuries suffered in the accident, as noted above, said "I can't believe that a guy with his pregnant wife, a kid in a car seat, his father-in-law and a brother-in-law in the car, would purposely be speeding up this ramp like that. Maybe there is something to what Mr. Lee said was going on with him in his car, that he couldn't stop, that he tried his hardest, and the brakes, that his car wouldn't stop. He's never wavered on his story that his brakes were bad."

Watch a video report:
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Thursday, October 8, 2009

CIGNA Employee Flips Off Mother Of Girl Who Died, Denied a Transplant

You may recall the case of Nataline Sarkisyan, 17, who was denied a liver transplant by CIGNA, on the grounds that the operation was "too experimental." Nine days later, following a number of protests, the company changed its mind, but it was too late: Nataline died hours later, on Dec. 20, 2007.

Ten months later, Hilda and Krikor Sarkisyan went to CIGNA's Philadelphia headquarters, along with members the California Nurses Association, who have long supported Medicare for All, to confront CIGNA CEO Edward Hanway over the death of their 17-year-old child.

Naturally, they were not allowed to talk to Hanway. Far worse, however, was the fact that a CIGNA employee flipped the group off from a balcony. That finger may cost CIGNA dearly, despite a later CIGNA apology.

The Sarkisyans filed a wrongful-death suit againt CIGNA, but a Los Angeles judge threw out the suit, saying it was barred by a 1987 U.S. Supreme Court ruling that protects employer-paid health care plans from damages with regards to their coverage decisions. That's the bad news.

The good news, from U.S. District Judge Gary Allen Feess, is that the Sarkisyans could pursue damages for any emotional distress caused by the Philadelphia incident. Indeed, that's where the finger comes into play.

Essentially, as Hilda Sarkisyan admitted herself, it's ludicrous. They cannot sue because CIGNA denied treatment, essentially killing their daughter, but flipping the bird, that they can sue for. Admittedly, it would seem a jury would be sympathetic to the family.

The family is not interested in the money. They are interested in change.
"If you don't sue, you can't make changes," Hilda Sarkisyan said. "It's not about the money. It's about the principle. They are just going to keep denying people care if we don't stop them."
Watch a video showing the Philadelphia "incident."

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Friday, October 2, 2009

India Celebrates Gandhi's 140th Birthday. So Does Montblanc.


The Prime Minister of India, Dr. Manmohan Singh, led the nation in paying homage to Mahatma Gandhi on his 140th birth anniversary at his memorial "Raj Ghat" on Friday. Raj Ghat is a black marble platform that marks the spot of Gandhi's cremation on January 31st, 1948.

In addition to the Prime Minister, a host of other dignitaries paid tribute to Mahatma Gandhi, including the new U.S. Ambassador to India, Tim Roemer.

Additionally, the Prime Minister announced that NREGA, a rural poverty alleviation program, will be renamed after Gandhi. All is not good in terms of Gandhi news, however.

Pen manufacturer Montblanc has unveiled a limited-edition commemorative fountain pen in honor of Mohandas Gandhi this week, just in time for the 140th anniversary of the birth of the Mahatma, or "Great Soul," today. The price? $24,763.

This has caused howls of outrage among Hindu groups and Gandhists. Why? They say the pen's price is the lifetime income of many of India's poor. The limited-edition fountain pen comes in 18-carat solid gold and is engraved with Gandhi's image (loincloth and all). It has a saffron-colored mandarin garnet on the clip and a rhodium-plated nib.

Anticipating a backlash, Montblanc made a $145,666 donation to the Mahatma Gandhi Foundation. That hasn't stopped the outcry, or a lawsuit. Additionally, as Gandhi advocated a simple lifestyle, this is 180 degrees in reverse. This pen is the ultimate example of profligacy.

Mohandas Karamchand Gandhi was born on Oct. 2nd, 1869, and died on January 30th, 1948, when he was assassinated by Nathuram Godse, a Hindu nationalist with links to the extremist Hindu Mahasabha, who held Gandhi responsible for weakening India by insisting upon a payment to Pakistan.

Gandhi was was the political and spiritual leader of India during the Indian independence movement. He pioneered satyagraha (resistance to tyranny through mass non-violent civil disobedience).
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Saturday, August 15, 2009

Tasered Mom to File Lawsuit

Audra Harmon, 38, a mother of three, was zapped with a stun gun in front of her children during a New York traffic stop. She has filed notice that she'll sue the sheriff's department involved.

The incident occurred in January, and while Harmon may not exactly been over cooperative, but did she deserve a tasering? Harmon says no, and claims Deputy Sean Andrews was improperly trained. She says a Taser isn't supposed to be used against people who pose no threat.

Well, yeah, that was my understanding. The Taser is supposed to be used instead of a lethal weapon. One would think that would be necessary only when an actual attack is imminent.

The police dashcam video shows Deputy Andrews yanking Audra Harmon out of her minivan by the arm. He then knocks her down with two Taser shots. While Harmon was charged with disorderly conduct, resisting arrest and speeding, the charges were eventually dismissed. Her lawyer says prosecutors dismissed the charges after watching the dashcam footage.

Harmon accuses Andrews of wrongful conduct in a motion filed Thursday with the Onondaga County clerk. She's seeking unspecified monetary damages.

Watch the video below, and decide for yourself.
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