Medical Malpractice

“White lesbian mother” sues sperm bank for sending her African-American man’s sperm

October 2, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

A Uniontown, Ohio mother claims she and her partner must move out of their “all-white hometown” so that their mixed-race daughter will be accepted.

Jennifer Cramblett, described by the Daily Mail as a “white lesbian mother,” is suing the Chicago-based Midwest Sperm Bank because, she says, it sent her the wrong sperm samples. She said that she and her partner, Amanda Zinkon, picked a blonde-haired, blue-eyed sperm donor so that their baby would look like Ms. Zinkon.

However, when Cramblett’s order was processed, a clerk accidentally transposed the numbers on her order and sent her vials of sperm donated by an African-American man.

Cramblett said she and Zinkon love their daughter, but they are considering moving to a more diverse community. In her lawsuit, she complained that Payton—the daughter—“has hair typical of an African-American girl.” Cramblett said she must travel to “a black neighborhood” to get the girl a proper cut, “where she is obviously different in appearance, and not overtly welcome.”

Cramblett said many members of her family are openly racist. She said she did not meet a black person until she went to college and worries she is not up to the task of raising a mixed-race child, since she “has limited cultural competency relative to African-Americans.” Cramblett fears when Payton reaches school age, she will be the only non-white child in her class.

Check out our quarterly Legal Matters newsletter for all the latest in personal injury news

September 23, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

Legal Matters is Arnold & Smith, PLLC’s quarterly personal injury newsletter. If you haven’t signed up to receive this free source of legal news and information, please take a moment and do so here now. You might learn something that makes all the difference in your case.

In the latest issue of Legal Matters, we discuss how many court cases come down to battles between witnesses and testimony. One witness says one thing happened; another witness’s account directly contradicts the first witness. Both sides try to show their witnesses are telling the truth, while the other side’s witnesses are either wrong, confused or flat-out lying.

These he-said, she-said battles might not be completely avoidable, but stronger cases are made in court when one side can produce photographs, video, audio or other documentary evidence that cannot, by its nature, lie. We live in an age of constant connectivity. Nearly everyone has a phone with a built-in camera, video recorder or both.

When we encounter misfortune, we can use the tools we have at our disposal to document the misfortune and to hold the people responsible for our injuries accountable. That said, if you are injured in an accident, the key to winning your case might be in your back pocket.

Public policy ends suit brought by man against skydive-sponsoring Smiling Moose owner

August 21, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if the accident was my fault?”

Public policy has ended a man’s lawsuit against a bar owner for injuries the man sustained in a skydiving incident.

The man, Stephen Scheuren, was a spectator at The Smiling Moose Saloon & Grill’s 2009 Moosefest, a charity event organized by Smiling Moose owner Cheryl Vogel. At the event, paper plates with numbers written on them were scattered throughout a skydiving landing zone. Skydivers were to pick up plates on landing. Those whose numbers were written on the selected plates won raffle prizes.

Two tandem skydivers, including Manitowoc Mayor Justin Nickel, landed in the landing zone but then slid between two tents into the group of spectators, striking Scheuren and an eight-year-old boy. Scheuren suffered unspecified leg injuries that required surgery.

Mayor Nickel was ultimately dismissed from Scheuren’s lawsuit, but Scheuren obtained a default judgment against one defendant and settled with several others. Only Scheuren’s claims against Vogel remained. She argued that Wisconsin’s so-called “recreational immunity statute” shielded her and The Smiling Moose from liability. A circuit court ruled against Scheuren, so Scheuren appealed.

Government trampling on people’s right to know under Freedom of Information Act

August 19, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” If an incident report was filled out, do I have a right to receive a copy?”

What are “White House equities?” No one seems to know. The Obama administration has never defined the term, but it uses it in order to delay “the ability of federal agencies to timely respond to FOIA requests,” according to the Washington Post.

What are FOIA requests? FOIA is an acronym that stands for the Freedom of Information Act. The Act was enacted by Congress in 1966 to, according to the government, “give the American public greater access to the federal government’s records.” In general, the United States was founded as a government by and for the people; FOIA is a means by which the people of the United States can stay “in the know about their government.”

Individual citizens may request information from government agencies, citing FOIA. Many legal and public interest groups use FOIA requests to uncover information that they believe further their causes or prove that their suspicions about government agencies are up to are true.

Some information cannot be disclosed. Information regarding ongoing criminal investigations, criminal informants and the existence of foreign intelligence or counterintelligence are excluded from production pursuant to FOIA. In addition, a range of other types of information is exempted or privileged from production under the Act.

Woman who died waiting for malpractice trial has former Gov. Easley in her corner

August 14, 2014 | AS Personal Injury Lawyers

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What should I do if I have been injured by another party but I can’t afford a lawyer?”

How long does it take to get a medical malpractice case into the hands of a jury? Eleven years and counting, at least for one North Carolina plaintiff. Sadly, Pamela Justus did not live to see her claims against neurosurgeon Michael Rosner, Park Ridge Health and Adventist Health litigated in a court of law.

Jurors in Henderson County Superior Court viewed Ms. Justus’ video testimony on Monday. The testimony was recorded more than two years ago—before Justus’ death. Justus said she hoped her lawsuit would keep what happened to her from happening to anyone else.

Mrs. Justus has alleged that Dr. Rosner performed unnecessary spinal procedures which failed to correct her medical problems of pain and fatigue and created additional medical problems, including neck and back pain, severe headaches, nausea and a paralyzed vocal cord. Dr. Rosner performed the surgeries in 2000 and 2001. Mrs. Justus died on Sept. 20, 2012.

Dr. Rosner’s medical license has been suspended repeatedly by the N.C. Medical Board. The board found in 2003 that Dr. Rosner had performed unnecessary surgeries on at least eight patients, including Mrs. Justus. In his spinal decompression surgeries, Dr. Rosner would carve away portions of the spine and the back of patients’ skulls in order to treat chronic pain conditions such as fibromyalgia. More than 20 lawsuits have been filed against Dr. Rosner alleging medical malpractice and professional negligence. Mrs. Justus filed her lawsuit in 2003.

Man gored by running bull—and many others—have no case in North Carolina

July 10, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if the accident was my fault?”

A 32-year-old American author who wrote a survival guide for Spain’s Pamplona bull-running festival was gored on Wednesday by a 1,320-pound bull named Brevito during the annual San Fermin festival.

The man, Bill Hillman, was skewered in the right thigh by the bull’s horn; the bull also gored a 35-year-old Spanish man in the chest. A friend of Hillman’s said the bull’s horn had missed the artery in Hillman’s right thigh and that Hillman had undergone surgery at a local hospital and was expected to survive.

Hillman co-authored a 2014 e-book called “Fiesta: How to Survive the Bulls of Pamplona.”

Dozens of people were injured in the annual bull-running, held on a narrow, half-mile course. The bulls took under four minutes to run the course before being led into a bull ring to face matadors and death. The most recent human bull-run fatality came in 2009, when a Spanish man was gored to death.

Hillman may be lucky, but if he thinks he has any legal claims, he is out of luck. Of course he couldn’t sue the bull, but could he sue Pamplona or the outfit that organizes the bull runs? No. The reason why may seem obvious, but in the law, sometimes obvious answers lead to absurd results.

Woman grows nose on her back eight years after stem-cell surgery

July 8, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold of Arnold & Smith, PLLC answers the question: Can I wait a few months to pursue a personal injury claim?

Medical treatments involving stem cells have been hailed as holding the promise of a new generation of treatments for a variety of diseases, ailments and disorders. Now an American woman is learning that experimental stem cell treatments performed in Portugal eight years ago may have produced some unintended results.

The woman was suffering from paralysis. Doctors had used a similar method on some 20 other paralysis patients; more than half reported recovery of movement or sensation. The American woman’s treatment did not involve the controversial method of transplanting of embryonic stem cells; instead, doctors removed tissue from her nose and implanted it in her spine. Doctors hoped the cells would turn into other cell types similar to cells near the site of the woman’s injury, acting as a kind of bodily “repair kit.”

Instead, after the stem-cell operation, the woman experienced increasing pain. In 2013—eight years after the stem cell operation—doctors discovered a three-centimeter-long growth made up mainly of nasal tissue on the woman’s back. Doctors also found small pieces of bone and nerve branches that had not connected to the woman’s spinal nerves.

Doctors said this circumstance occurred in less than one-percent of operations and that many patients receiving the treatment had seen a “remarkable recovery.”

Exhausted Truck Driver Responsible For Tracy Morgan’s Accident

June 12, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What if the medical condition improves before the hearing?”

A recent accident in New Jersey involving actor and comedian Tracy Morgan highlights the extreme dangers posed by exhausted drivers. The crash earlier this month left the former 30 Rock star in critical condition and has now led to criminal charges for the driver of the tractor-trailer responsible for the accident.

Police say the chain-reaction crash began when a tractor-trailer driver, Kevin Roper, collided with Morgan’s chauffeured limousine bus. Morgan was heading back home from a comedy show in Delaware with a group of friends at the time. The accident spread out across the interstate and left one member of Morgan’s entourage dead and two others critically injured. Morgan and the others were airlifted to nearby hospitals for treatment and several remain in intensive care even now.

The driver of the truck has been charged with death by auto and also faces four counts of assault by auto related to the crash. The trucker was given a $50,000 bail and has now hired an attorney to fight for his freedom.

Given the seriousness of the crash and the involvement of a commercial motor vehicle, investigators with the National Transportation Safety Board stepped in to examine what may have caused the accident. A recent report issued by the NTSB says that the driver of the rig that slammed into Morgan’s van was speeding at the time of the crash and was likely exhausted from working more than 13 consecutive hours.

Drunk Driving Responsible For Ambulance Accident

June 10, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “The insurance adjuster is saying I am partially negligent what does that mean?”

Police in Gaston County, North Carolina say that five people have been injured after a car and an ambulance were involved in a crash. The wreck occurred in the later afternoon and took place on a busy stretch of highway.

According to officers with the North Carolina Highway Patrol, the crash occurred when an ambulance operated by two EMTS was hit by an oncoming car carrying three people. The ambulance was from the Stanley Fire and Rescue and was in the process of responding to an emergency call at the time of the accident.

Emergency responders say that four of those injured in the accident were ultimately transported to CaroMont Regional Medical Center for serious but non-life threatening injuries. The other person was taken to Carolinas Medical Center in Charlotte and is said to have suffered serious harm.

Stunningly, the terrible accident was caught on video thanks to in-cabin cameras located on the newer ambulances operated by Stanley Fire and Rescue. The driver of the ambulance was Roger Arrowood, a part-time employee who survived with relatively minor injuries.

North Carolina Legislature Considers Moped Regulations

June 5, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

A North Carolina Senate committed has added language to a piece of legislation that will now require drivers of mopeds to purchase liability insurance before legally operating the vehicles on state roadways. The measure, House Bill 1145, has already been approved by the house, though the new language will need to be agreed to before the bill progresses any further.
The language attached by the Senate says that moped drivers are required to register their vehicles with the North Carolina Division of Motor Vehicles, in addition to purchasing liability coverage. Moped drivers will have until July 1, 2015 to comply with the new regulations.

Under current North Carolina law, mopeds are not among those vehicles that must be registered or insured in the state. Mopeds are also not subject to any property taxes, allowing owners to essentially avoid any fees associated with their use.

The new measure would require moped owners to pay a $15 registration fee as well as demonstrate to the Division of Motor Vehicles that the moped was designed and manufactured specifically for highway use. These requirements mirror those for motorcyclists, something that some legislators believe is necessary to guarantee the safety of all North Carolina motorists.