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RECENT NOTABLE CASES

$9 Million Settlement
Burn Injury Victim at Gas Station

$6.4 Million Judgment
Premises Liability Wrongful Death

$5 Million Recovery
Bicyclist Victim Injured by Truck

$3.5 Million Recovery
Employer Liability for Injuries

$3.05 Million Settlement
Bus Accident Injury Victims

$1.2 Million Judgment
Injuries Sustained at a Concert

See Other Notable Verdicts & Settlements

Welcome to James R. Gillen's Blog Archive.

I'll be posting blogs on issues relevant to motorcycle accidents, car accidents and other auto and vehicle accidents causing serious injuries to help my readers understand their legal rights. As well as addressing issues related to Elder Law and Nursing Home Abuse.

Please note that my Accident and Injury Blog and Elder Abuse entries are not legal advice and your postings in response to my blogs will not be treated as confidential. If you are a client or wish to discuss your particular legal matter in private, please contact my office at 877-619-3095.

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Accident and Injury Information

Many Questions Remain in Toyota Floor Mat/Sudden Acceleration Recall - After a San Diego, California family of four lost control of their Lexus vehicle and died in an August 2009 accident, Toyota could no longer ignore the complaints of...(read on)

California Jury Awards $49 Million in Truck Accident Case - A California jury awarded a former college student, who was seriously injured in a trucking accident collision which left him severely brain damaged, $49 million in damages...(read on)

Former Lawyer for Toyota Alleges that Toyota Concealed Evidence in Rollover Cases -A former managing counsel for Toyota Motor Sales USA Inc. filed a lawsuit in federal court against Toyota, alleging that the company withheld evidence from victims who were involved in rollover accidents that caused injuries and deaths... (read on)

Los Angeles Ranked as One of the Most Unsafe Cities to Drive-  Los Angeles was ranked 184 out of approximately 194 cities throughout the United States...(read on) 

Holiday Travel Increases Likelihood of Road Collisions-The Fourth of July is a major cause for celebration in the United States of America. Unfortunately, festive holidays can also turn into days of tragedy for some... (read on)

Tour Bus Crashes Results in Injuries, Death Recently, there have been several devastating crashes involving tour buses. On May 2, 2009, around 5 p.m., a tour bus crashed into a freeway divider on Interstate 215, near Nuevo Road in Perris.. (read on)
 

Bus Accident Injures Two Dozen, One Fatality On Saturday, April 4, 2009, about 25 employees of a Squaw Valley ski resort, located approximately 96 miles from Sacramento... (read on)

Lawsuits Continue in September, 2008 Metrolink Crash- In the wake of the September, 2008 Metrolink Crash in Chatsworth, California, where 20 people died and over 100 were injured, lawsuits continue to be filed... (read on)

The Federal Motor Carrier Safety Administration Takes Steps to Improve Bus and Truck Safety -  Accidents involving buses and large trucks are extremely dangerous. Because of the size difference between a bus or truck and an automobile, the chances of serious injury or death are much greater... (read on)

Studies Highlight the Importance of Wearing Motorcycle Helmets -the NHTSA reports that in 2003, motorcycle helmets saved 1,173 lives, and that number rose over 50 percent to 1,784 lives saved in 2007. In California alone, 266 lives were saved in 2007 because the motorcyclists were wearing helmets, and the NHTSA estimates that another 26 lives would have been saved had 100 percent of motorcyclists been wearing helmets... (read on)

Increase in Motorcycle Popularity Leads to Increase in Motorcycle Accidents -Due to increases in gas prices and traffic congestion, motorcycle ridership is currently at the highest level since the 1970’s. Unfortunately, the increase in motorcycle popularity has also resulted in an increase in accidents and fatalities involving motorcycles... (read on)

NTHSA Releases Motorcycle Action Plan- The National Highway Traffic Safety Administration (NHTSA) recently released its Motorcycle Action Plan. The plan aims to reduce the increase in motorcycle fatalities... (read on)
 

California Motorcycle Laws -Motorcycle ridership has increased tremendously in Southern California. Increased traffic congestion and rising gas prices have resulted in more people opting to ride their motorcycle (read on)

What You Should Know If You're Involved In a Motorcycle Accident -Find an Experienced Motorcycle Attorney. Motorcycle accidents are different from car accidents. Motorcycle accidents generally result in greater injuries and longer rehabilitation periods... (read on)

 
 
Elder Abuse and Nursing Home Issues
 
New Report Reveals Defects in California’s Ombudsman Program - A report prepared for the California Senate Rules Committee and released November 3, 2009 reveals disturbing problems in California’s Ombudsmen Program, which is tasked with...(read on)
 
State And Federal Bill Nursing Home Bill Seeks to Protect Resident's Rights- The California State Legislature approved California Assembly Bill 215 on September 10, 2009. AB 215, which was introduced by Assembly Members Mike Feuer and Cameron Smyth (read on)
 
Bill Set to Require Nursing Homes to Post Quality Ratings-A bill introduced into the legislature this year could lead to quality improvements at the state's nursing homes and other long-term care facilities... (read on) 
 
AB 392 Restores Partial Funding to Long-Term Care Ombudsman Program-  AB 392 restores a portion--$1.6 million--of the $3.8 million to the Long-Term Care Ombudsman Program that was cut by the Governor in 2008...(read on)
 
Baby Boomers to Cause Explosion in Senior Services – Is Government Prepared? -An approaching “senior tsunami,” referrs to the tidal wave of people approaching their senior years, and the ability of elder abuse prevention programs and services to meet the needs...(read on)
 
Pending California Bills Propose Funding for Senior Ombudsman Services Two current bills under consideration by the legislature could increase the funding available for senior ombudsman services provided by the state... (read on)

Rise in Patient-on-Patient Assaults in Nursing Homes Recently, there have been alarming reports of nursing home assaults committed by criminal offenders and mentally ill residents in nursing homes... (read on)

Use of Chemical Restraints in Nursing Homes-Recently, three residents died at a skilled nursing facility operated by the Kern Valley Healthcare District.  According to a criminal complaint filed by the California Attorney General’s Office against three high-level managers of the facility, the three residents who died, and about 20 other residents, were administered psychotropic drugs for staff convenience... (read on)
 
Resident Dies from Burn Injuries Suffered at a California Nursing Facility- On March 31, 2008, a 74 year-old female resident of the Lemon Grove Care and Rehabilitation Center near San Diego, California caught fire while smoking at the gazebo area of the facility. Ten days later, the woman died... (read on)
 
Medicare Nursing Home Five Star Quality Rating System- The Centers for Medicare and Medicaid Services created a system for comparing nursing homes throughout the United States. The ratings are accessible through a Nursing Home Compare search tool on the Centers for Medicare and Medicaid Services website. The ratings are determined by three categories. (read on)
 
New Law to Help Elders against Theft and Abuse in Nursing Homes -Theft in nursing homes is more common than one might think. In the past year, the California Department of Public Health received over 250 reports of theft or loss of resident property. Unfortunately, many other items, most notably heirloom jewelry, cash, checkbooks, and other valuables are lost or stolen, and these thefts rarely get reported to the authorities. Neither the state nor any counties keep statistics on stolen items in nursing homes.  (read on)

Budget Cuts May Endanger California Ombudsman Program -California’s long-term care ombudsman program investigates and settles complaints regarding elder care abuse in nursing homes and other long-term care facilities. Thirty-five county and nonprofit agencies throughout the state carry out the ombudsman work... (read on)
 
 
New Elder Abuse Laws Signed by Governor Schwarzenegger
California Governor Arnold Schwarzenegger signed into law this week several bills aimed at curbing elder abuse and providing greater protection for the elderly in the State of California. Here is a brief summary of the new laws... (read on)

The families of those in nursing homes must continually observe their loved ones to prevent abuse. The California Attorney General’s Crime and Violence Prevention Center provides some indicators for possible abuse... (read on)
 
A $2 million settlement on a class-action lawsuit filed against the corporate owner of nursing homes in Southern California was announced this week. The lawsuit was filed on behalf of residents at one of the facilities owned by Brea-based Sun Mar Healthcare, Inc., which owns 17 nursing homes... (read on)
 
 
Recent Developments in Elder Law  Fairness in Nursing Home Arbitration Act (the “Act”), which was approved by the House Judiciary Subcommittee on Commercial Law and Administrative Law earlier this week. The Act which would preclude nursing homes from forcing patients to sign an arbitration agreement prior to a dispute... (read on)
 
 
Beware of Nursing Home Arbitration Agreements Deciding on a nursing home facility can be a stressful event. Many patients enter a nursing home following an illness, and may be under duress or under medication at the time of their admission. Most patients fail to scrutinize the lengthy documents they must sign prior to admission... (read on)

 
California Department of Public Health Fines Nursing Homes The California Department of Public Health (CDPH) issued citations and fines to several nursing homes in April 2008. Nursing homes licensed by California are subject to citations and fines for poor or negligent care... (read on)
 
 
California Nursing Homes’ Use of Restraints Highest in United States The Federal Nursing Home Reform Act of 1987 mandates that nursing homes receiving Medicare or Medicaid must adhere to the Nursing Home Patients Bill of Rights (NHPBR). One of the rights enumerated in the NHPBR is the right to be free from unreasonable restraints... (read on)
 

Assisted Living Facilities vs. Skilled Nursing Homes The term “assisted living” became popular in the 1980’s and is used within the retirement industry to refer to programs available in many retirement residences, senior apartment facilities and residential care facilities in California... (read on)
 

Sexual Abuse in Nursing Homes A nightshift nurse at an Ohio nursing home has been charged with raping a blind and partially paralyzed patient and abusing at least 13 others. John Riems allegedly confided to authorities that he has abused almost 100 patients since the 1980’s... (read on)
 
 
Identifying Financial Elder Abuse It’s often been said that elder abuse is a pervasive problem without any boundaries; it transcends all economic and social lines. The recent case of Brooke Astor, the New York socialite and philanthropist, illustrates that elder abuse can occur even to the wealthiest members of society... (read on)
 
 
New Information Regarding the Monitoring of Adult Guardianships The Los Angeles Times reported this week that the Members of the Senate Special Committee on Aging are pushing for action to improve how adult guardianships are monitored... (read on)
 
 
Long Term Care, Medicare and Medicaid Long-term care" is the care for a person with a chronic illness or disability. Generally, long-term care includes medical and non-medical services provided in the person's home, assisted living facility, or nursing home...(read on)

Finding out About Nursing Home Performance There are approximately 1.5 million elderly people living in nursing homes in the U.S., and we spend about $72.5 billion annually in tax dollars to subsidize the cost of nursing home care... (read on)
 
 
What is Elder Abuse? California law says that an "elder" is a person who is 65 or older. Elder abuse can be in the form of physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering... (read on)