Tag: Wrongful Death

Attorney Eric Traut on Costco Shooting Controversy and Obtaining Video Footage from Inside Large Retail Chains

June 24, 2019 Published by

Traut Firm

Corona, CA (Law Firm Newswire) June 24, 2019 – After the contested death of a nonverbal individual left a community reeling, personal injury and wrongful death attorney Eric Traut of Traut Firm has insight into the steps that the family must take in order to get the available evidence from the Costco retail security cameras before it is too late.

In April, Traut was able to obtain previously shielded retail footage by court order from a home improvement store following the life-altering injury of an employee resulting in a unanimous verdict on behalf of the person who was injured. The turning point in the trial was the retail security camera footage, only obtained by following the steps Traut outlines below:

1. Send a preservation of evidence letter to the business to maintain all records, electronic, and video data
2. Once the lawsuit is filed, serve discovery requests or subpoenas for store receipts and video footage
3. Request a court order if the business refuses
4. Match time stamps of video to receipts, if necessary
5. Hire a private investigator, if necessary, to identify witnesses
6. Obtain statements from witnesses corroborating events depicted in video footage

With 30 years of experience litigating injury and death cases including over 100 civil jury trials, Traut says, “In my opinion, the video should be made available to the public. Transparency is a must. At a minimum, family members of the victims should have immediate access to enable them to learn the truth of what actually occurred.”

Having experience as one of the attorneys representing the families of victims of the infamous “Seal Beach Shootings” in 2011, sadly, Traut knows that there are unspeakable tragedies that leave family members with a hole in their hearts and an insurmountable loss. While closure will perhaps never come, some semblance of justice can come from obtaining all available information as soon as possible after a tragedy occurs.

Says Traut, “A family with special needs should never have to fear routine community outings, but it is understood by many, including law enforcement, that interactions with community members can be dangerous for those with special needs at times. Security cameras are there to keep all members of our community safe and to receive justice when something goes wrong, including those in our community with and without disabilities.”

About Eric V. Traut

Attorney Eric Traut distinguished himself early as one of the top trial attorneys in Southern California when he was recognized as the youngest winner of the prestigious Trial Lawyer of the Year award in the history of the Orange County Trial Lawyer Association. Eric has handled high-profile cases that have resulted in appearances on Good Morning America, Fox News, Court T.V., and ABC’s “Primetime.”

About Traut Firm

Partners of Traut Firm have litigated cases for a combined 70 years, serving as plaintiff’s attorneys primarily in areas of personal injury, wrongful death, vehicle accidents, assaults, and animal attacks.

Media Contact
Elysse Acosta
elysse@feltenmedia.com
760-490-5810

Alleged Medical Negligence Causes Woman’s Wrongful Death

May 14, 2019 Published by

Brooks Schuelke, Esq.
Schuelke Law PLLC

Austin, TX (Law Firm Newswire) May 14, 2019 – In this case, a doctor allegedly approved a prescription without doing lab work first.

The deceased’s husband filed a wrongful death lawsuit against his wife’s doctor alleging that he negligently authorized the use of a prescription without doing any lab work first. According to the lawsuit, “another” physician prescribed the man’s wife a shot of Depo-Provera for conception control.

The deceased was, at the time of her death, also under the care of another doctor for anticoagulant therapy. She had reached out to that second doctor asking if getting the Depo-Provera shot was safe. The doctor apparently stated it was safe, but did not do any additional blood work to determine if that was the case or not. The woman died in June 2015 as a result of a pulmonary embolism.

“The relevant statute in Texas for filing a wrongful death action is Texas Civil Practices and Remedies Code section 71.001,” explained Austin wrongful death lawyer, Brooks Schuelke, not involved in this case.

The Lone Star State allows the parents, spouse and children of a deceased to file a wrongful death action either individually or as a group.

Who may file a wrongful death claim in Texas?

The individuals who may file a wrongful death claim in Texas include:
* Spouse of a deceased
* Adult children filing in the death of a parent
* Adopted children filing for the death of an adoptive parent
* Parents filing for the loss of a child
* Adoptive parents may file an action for the loss of an adopted child
* Surviving siblings may “not” file a claim for the loss of a sister or brother, whether adopted or biological

Damages that may be awarded in a wrongful death claim in Texas include, but are not limited to:

* Lost inheritance
* Mental, emotional pain and suffering
* Lost earning capacity
* Lost care, support, advice, counsel, services the deceased provided
* Lost companionship, comfort, love
* Exemplary damages (in some cases)*

* Exemplary damages, aka punitive damages, may be awarded if a wrongful death was caused by a willful act/omission, or by gross negligence.

“Wrongful death damages are distributed to surviving family members in proportion to the injury suffered as a result of the death of their loved one. The court usually figures out the amounts that would go to each person filing,” said Schuelke.

Schuelke Law PLLC
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944


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    Philadelphia Infant Among Victims of Fisher Price Rock’n Play

    April 29, 2019 Published by

    Dean Weitzman, Esq.

    Philadelphia, PA (Law Firm Newswire) April 29, 2019 – Babies in an inclined cradle with a much-loved blanket, about to drift off to sleep, make for a powerful picture and a successful Mattel Fisher-Price marketing campaign. That campaign took a deadly turn when babies started to die when the product, the Rock’n Play sleeper was put on the market.

    Although the item promised a peaceful slumber, it came with risks that safety groups and doctors were concerned about and commented on, saying that Mattel should have fixed the problems that caused 30 infant deaths. The deaths were noted by the Consumer Product Safety Commission, who said the product should not be used once children reached 3 months or showed signs of being able to roll over, and are now the focus of several defective product/wrongful death lawsuits across the nation.

    Mattel Fisher-Price did “just” recall the 4.7 million sleepers but denied that the deaths were the fault of the company, saying instead the sleeper deaths were the result of the product being used “contrary to safety warnings and instructions” to buckle the child in with the harness and not put any other items in the sleeper. Inclined cradles are known to be dangerous and can result in strangulation, suffocation, falls and entrapment. Most parents thought that the product was from a reliable company, one that could be trusted to make items that were safe for their children.

    One such lawsuit, being handled by MyPhillyLawyer, points out that Fisher-Price’s marketing campaign, despite the corporate culpability denial, has and does include statements such as “baby can sleep at a comfy incline all night long,” a phrase that is at distinct odds with pediatric advice to make sure infants sleep on firm, flat, bare surfaces, without any restraints or bedding. Says Nancy Cowles, the executive director of Kids In Danger, “This is just not a safe way for babies to sleep.”

    MyPhillyLawyer, representing one of the bereaved families, intends to prove that Fisher-Price has not always met all applicable U.S. regulations and safety standards and that despite having known for years about the problem of babies suffocating in their sleep in the Rock’n Play sleeper not enough was done to warn consumers of the potential hazards. Instead of warning consumers, Mattel Fisher-Price highlighted some of the most dangerous features of the sleeper as selling points and since 2009, when the product was created, did not appear to meet any of the safety guidelines.

    Fisher-Price has had several recalls for safety concerns over the years and MyPhillyLawyer intends to fully visit those instances to outline a history of product negligence and other deaths.

    For further information or an interview contact:

    MyPhillyLawyer
    Dean Weitzman
    Two Penn Center Plaza
    1500 John F Kennedy Blvd #1410
    Philadelphia, Pennsylvania 19102
    Phone: 215.227.2727
    Fax: 215.563.6617
    Toll Free: 866.907.2231
    E-mail: dweitzman@myphillylawyer.com

    Cummings Law Represents Patient’s Family in Wrongful Death Lawsuit Against VUMC

    March 13, 2019 Published by

    Brian Cummings, Esq.

    Nashville, TN (Law Firm Newswire) March 13, 2019 – A lawsuit recently filed by Cummings Law on behalf of the family of Chesta Shoemaker claims that the dedicated nurse and devoted mother died a wrongful death at Vanderbilt Medical Center in Nashville, Tennessee.

    Chesta Shoemaker entered the hospital with a kidney infection in the spring of 2017. Her son, Brett Keefer, reports that her condition was noticeably improving until a resident mistakenly punctured her carotid artery while attempting to insert a central line into a vein. This mistake cut off circulation to Ms. Shoemaker’s brain. This serious mistake went unrecognized for approximately 12 hours, and later attempts to restore proper blood flow to the brain were too late. The next day, with it being clear she would die as a result of her severe brain injury caused by the lack of proper blood flow to the brain, she was taken off life support and died.

    As reported on the local NBC News channel, Brian Cummings, the well-known medical malpractice attorney representing Shoemaker’s family, states that Vanderbilt Medical Center is responsible for Chesta’s wrongful death since they should have had “a more trained physician doing something so important…if this resident had caught her mistake with any kind of promptness, this wouldn’t have led to death.” The lawsuit claims both that Dr. Edwards “was not experienced enough to be permitted to attempt the procedure without supervision” and that Dr. Edwards “did not tell Ms. Shoemaker she was a resident.”

    Chesta Shoemaker’s son describes his mother as “an amazing woman [who] had an excellent spirit. She was… always excited about life… and had a passion for helping people, healing, being there for people when they’re down.” The lawsuit seeks damages ranging from $15 million to $30 million. Vanderbilt’s Chief Communications Officer, John Howser when asked for his response to the case replied that “…because this matter is the subject of pending litigation, it would be inappropriate to comment.”

    Contact:

    Cummings Law
    4235 Hillsboro Pike, Suite 300
    Nashville, TN 37215
    Visit: www.cummingsinjurylaw.com
    Phone: 615-800-6822
    Fax: 615-815-1876

    Austin Police Department Misses Hidden Weapon on Suspect — Suspect Fatally Shoots Himself

    February 20, 2019 Published by

    Brooks Schuelke, Esq.
    Schuelke Law PLLC

    Austin, TX (Law Firm Newswire) February 20, 2019 – This wrongful death lawsuit involves the family of a 19-year-old young man who fatally shot himself in 2017 in the backseat of an Austin, Texas police cruiser. The family wants to make sure something like this never happens again.

    The young man had been previously charged with several other crimes, including drug possession and burglary. Those who knew the deceased indicated he struggled with mental health issues and had a history of substance abuse.

    The federal wrongful death lawsuit alleges that the police in Austin have a “pattern, practice, and custom of performing plainly incompetent and unreasonable searches of pre-trial detainees.” These allegations were based on the circumstances of their son’s case.

    It all began with a call to the police reporting a shoplifter at the Macy’s store in southwest Austin. Store security had detained the young man for cutting tags off clothing, earrings and a watch and attempting to walk out of the store. On placing the young man into custody, the police found what they believed to be methamphetamine tucked inside a folded dollar bill. “Apparently, for whatever reasons, the pat down search missed a Glock semi-automatic .380 in the waistband,” indicated Brooks Schuelke, an Austin wrongful death attorney, not involved in this case.

    Dispatch recordings indicated that the teen told the arresting officer that he was suicidal. The officer then saw in his rear-view mirror that the 19-year-old was holding a gun to his head. Four minutes later, the trigger was pulled and the teen lay dead in the backseat of the cruiser.

    In a subsequent Internal Affairs (IA) interview with the arresting police officer, the cop admitted he only patted down the suspect and did not do a thorough inspection for weapons. He did not see the inside-the-waistband holster inside the teen’s pants. The officer was suspended for 20 days and the case was not forwarded to the grand jury.

    According to the wrongful death lawsuit, the Austin Police Department (APD) did not find weapons that were carried by suspects on 54 occasions between 2013 and 2017. Although the police leadership knew about this, nothing was done and no new training for weapons searches was implemented.

    The plaintiffs in this case were not in agreement with the minimal discipline and hope that something like this never happens to another person and their family. They are calling for the APD to retrain all officers on how to properly frisk suspects. “In this case, the suspect killed himself. He could just as easily have killed the officer in the cruiser, or harmed someone else,” said Schuelke.

    Wrongful death lawsuits are difficult for everyone involved and this particular case is no exception.“We can help the family move forward by getting the true story out,” added Schuelke. “While it does not bring the loved one back, it may help the family find some sense of closure to have the death addressed in a just manner.”

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