Connecticut Injury Attorney Blog

A Dutch court ordered a former businessman to pay approximately $520,000 in civil damages to victims of chemical weapons attacks in Iraq. The businessman, Frans van Anraat, is currently serving a prison sentence for his involvement in war crimes committed by the regime of Saddam Hussein against Iraq's Kurdish population in the late 1980's. Numerous lawsuits have sought compensation for injuries allegedly sustained due to chemical weapons. They include claims by Iraqi Kurds and American servicemembers suffering from "Gulf War Syndrome," allegedly linked to chemical weapons. U.S. law, through the Alien Tort Statute (ATS) and other laws, may allow claims in domestic courts for injuries suffered abroad, as addressed in a recent Supreme Court decision.

Van Anraat sold chemicals to the Iraqi regime led by Saddam Hussein in the 1980's. These chemicals allegedly included thiodiglycol (TDG), a solvent used in a variety of industrial processes and the production of chemical weapons like mustard gas. The Iraqi regime allegedly used chemicals supplied by Van Anraat to produce chemical weapons, which it used on civilian Kurdish populations in 1988, killing about 5,000 people. The Iraqi military also allegedly used mustard gas and other chemical agents on Iranian troops during the Iran-Iraq War, which lasted from 1980 to 1988.

Continue reading "Businessman Who Sold Chemicals to Iraqi Regime Ordered to Pay Civil Damages for Chemical Weapon Injuries " »

An accident involving two portable trailers resulted in the death of a Connecticut man on Thursday, April 18, 2013, at a construction site in Northampton, Massachusetts. Multiple government agencies are investigating the accident, including local police, Massachusetts State Police, state health regulators, and the federal Occupational Safety and Health Administration (OSHA). Investigators are searching for the cause of the accident as well as any regulatory violations that might have contributed to it.

The accident occurred shortly before 9:40 a.m. Thursday morning, at the construction site for the Massachusetts Department of Transportation's (DOT's) building in Northampton. Some details of the accident remain unclear, but media reports indicate that three men were involved in assembling two portable trailers intended for use as temporary office buildings while the DOT's permanent building was under renovation. The trailers shifted somehow, trapping the three men, who were either inside one of the trailers or between the two trailers. One of the men was able to escape without injury, while another suffered "non-life-threatening injuries," according to the Associated Press. The second man was taken to a nearby hospital at about 10:00 a.m. The third man, a 56 year-old resident of Bristol, Connecticut, died of the injuries sustained in the accident. Emergency responders were reportedly unable to extract his body from the accident site until 12:30 p.m. All three of the men worked for Trico Welding, which was contracted by the state for the construction job.

Continue reading "Construction Accident Causes Death of Connecticut Worker " »

A group of five women who were inmates in a county jail in Suffolk County, New York have filed a putative federal class action lawsuit over alleged sexual abuse by a correctional officer. Watts, et al v. County of Suffolk, et al, No. 2:13-cv-01691, complaint (E.D.N.Y., Mar. 28, 2013). They allege that one correctional officer committed multiple acts of sexual harassment and assault against them and other female inmates, and that supervisors either ignored their complaints or threatened retaliation. The lawsuit seeks certification as a class action, compensatory and punitive damages, and other relief.

The plaintiffs were pre-trial detainees at the Suffolk County Correctional Facility, located in Riverhead, New York, during periods of time ranging from April 2009 until April 2011. Two of the five named plaintiffs are still in state custody, and the other three all live on Long Island. According to the complaint, the county assigned male correctional officers, including defendant Sergeant Joseph Foti, to the women's correctional facility. The plaintiffs allege that Sergeant Foti routinely subjected them, as well as other female inmates, to harassment and abuse, including "offensive sex-based language,...offensive touching and requests for sexual acts." Complaint at 4. They further claim that supervisors at the facility knew about these incidents from multiple reports by inmates, but failed to investigate the complaints or discipline Foti in any way. The complaint lists individual allegations of harassment or assault by Foti from each of the five plaintiffs, including coerced sexual contact, repeated sexual comments and solicitations, and retaliation in the form of lockdowns and other punishments.

Continue reading "Female Inmates Sue for Alleged Sexual Abuse at County Jail " »

The National Transportation Safety Board (NTSB), the federal agency that investigates major transportation-related accidents and makes safety recommendations to state and federal lawmakers, recently reported on its investigations into several train accidents, one involving a collision with an automobile. It concluded that the railroad companies in some cases did not fulfill their duties to maintain their equipment in safe working order. In a fatal collision between two trains, the NTSB found that one train failed to reduce its speed despite several warning signals.

In a press release issued on March 8, 2013, the NTSB reported on two train accidents that occurred in 2012. An Amtrak train collided with a car at a railway crossing in Illinois on February 28, 2012. The Associated Press quoted officials who said that the warning lights were not activated at the time, and that the crossing arms had not lowered. The collision killed the automobile's driver. The NTSB's investigation concluded that Union Pacific employees, who were performing maintenance on the warning system, had removed it from the crossing for inspection and testing. When the collision occurred, the mechanism for activating the warning lights and the crossing arms was therefore deactivated, and the driver of the automobile had no warning of the approaching train.

Continue reading "NTSB Makes Recommendations on Several Train Accidents Causing Injuries and Fatalities " »

Stories of college students who drink too much and end up in the hospital are all too common, and far worse harm can occur due to hazing and other activities, including severe injury and death. Many states, including Connecticut, have laws against hazing on the books, but they typically only provide for criminal penalties. Suits for civil damages against fraternities, colleges, and universities have met with difficulty in recent years, according to a report by Bloomberg. National fraternity organizations and schools have been successful at shifting liability to local chapters and individuals, leaving those injured by hazing with little likelihood of collecting damages.

About seventy-five national fraternities grant charters to local chapters on college campuses in exchange for a portion of dues paid by members. Membership in national fraternities, which exceeded 327,000 in 2011, is almost exclusively male, while membership in sororities is almost entirely female. Fraternities seem to have a far worse track record at member and visitor safety. Bloomberg reports that fifty-two students have died in hazing or other fraternity-related incidents since 2005, and another five students have suffered paralysis. About two-thirds of those incidents involved nine of the largest national fraternities. In lawsuits brought against the national organizations, however, courts have often found the local chapters liable, and dismissed the national fraternities, based on breaches of their charter agreement or violations of drinking age laws.

Continue reading "Report Shows National Fraternities Rarely Liable for Negligence Claims Against Local Chapters " »

Rates of fatalities among teenage drivers, specifically those ages sixteen and seventeen, have declined overall during the past thirteen years, according to a recent report from the Governors' Highway Safety Association (GHSA). The report, which compares preliminary data for the first half of 2012 to data going back to 2000, also shows a recent increase in fatality rates since 2010, although the numbers remain well below the highest rate reached during that time. It stresses the need for graduated driver licensing (GDL) laws and other protections for novice drivers. Connecticut has some of the strongest laws in the country regarding novice drivers, distracted driving, and other issues that may influence teen driving.

The Associated Press reported recently on a cluster of car accidents with teen fatalities around the country that belied the general downward trend. Five teens in the Texas Panhandle were killed during spring break in a collision with a fuel tanker after the teen driver ran a stop sign. Several days later, two pickup truck drivers collided in Indiana after running a four-way stop, killing three. Car crashes in Ohio and Illinois took the lives of ten people total. Despite these recent tragedies, however, the rate of teen driving fatalities nationwide has dropped substantially, before experiencing a slight increase in the past two years.

The AP suggests that GDL laws and other restrictions, such as late-night driving curfews, may account for some of the decade-long improvement in teen driving safety. It also cites researchers who suggest that the internet and other electronic forms of communication have caused teens to make fewer trips by car, since they have less need for "face-to-face visits." As we have noted on the blog before, however, the use of those electronic communications devices, e.g. cell phones, may also account for increases in the fatality rate.

Continue reading "National Survey of Fatal Teen Automobile Accident Rates Shows Long-Term Decline With Recent Increase " »

A jury in a Connecticut federal court awarded a $41.7 million verdict to a woman who, as a student at a Connecticut school, contracted an illness on a school trip to China that left her permanently disabled. Munn, et al v. Hotchkiss School, No. 09-cv-00919 (D. Conn., complaint filed Jun. 11, 2009). The lawsuit alleged that the school negligently failed to protect students from tick bites, the cause of the plaintiff's illness. The school claimed that it took all reasonable and necessary precautions, and announced that it intends to appeal the verdict.

The plaintiff was a fifteen-year old student at The Hotchkiss School, a boarding school located in Lakeville, Connecticut, when she went on a six-week school trip to China during the summer of 2007. She suffered a tick bite, likely while on a hike in the vicinity of the city of Tianjin. According to court documents, she fell ill about four weeks into the trip, and was diagnosed with tick-borne encephalitis (TBE). Other students were reportedly also infected, but none suffered damages as severe as hers.

"Encephalitis" describes an inflammation of the brain commonly caused by infection. Multiple viral infections can cause encephalitis, including viruses commonly carried by ticks or mosquitoes. Early symptoms can range from a mild fever or headache to seizures and loss of consciousness. Swelling in the brain can damage nerve cells and cause internal bleeding in the brain, possibly resulting in permanent brain damage or death. The Centers for Disease Control and Prevention (CDC) issue updates and warnings regarding TBE and other illnesses. According to the CDC, TBE is endemic to Eurasia's temperate areas, which includes Tianjin, and is most common between April and November.

Continue reading "Student Receives $41.7 Million Verdict Against Connecticut School for Disabling Illness Contracted on Field Trip " »

A man who lost his leg when a Connecticut State Police cruiser struck him on a highway has received a substantial jury verdict. The jury reduced the $25 million verdict to $16.2 million based upon a finding of comparative negligence on the part of the plaintiff. Even with this reduction, the verdict may be the largest ever awarded in a lawsuit against the state of Connecticut.

At around 2:30 a.m. on Saturday, May 29, 2010, the plaintiff ran out of gas and pulled his truck to the shoulder of northbound Route 25 in Bridgeport. He claimed that he could not reach his wife on his cell phone, so he got out of his car and began to cross the highway, intending either to find a gas station or walk home. State Police Office Darren Pavlik was driving his cruiser in the southbound lanes of Route 25 at the same time. Pavlik's vehicle struck the plaintiff as he was crossing the southbound lanes on foot.

The impact severed the plaintiff's right leg, which landed in a parking lot across the street, over one hundred feet away. The plaintiff landed on the shoulder of the highway. He suffered brain damage and a crushed pelvis in addition to losing his leg, and injuries to his hands prevent him from grasping anything. According to evidence presented at trial, Pavlik drove to the nearest exit after the collision, re-entered the highway on the other side, and drove around to the crash site. The dashboard camera reportedly shows Pavlik exit his vehicle, inspect his front bumper, and then approach the plaintiff to ask for his name and address. News coverage at the time of the accident said that Pavlik administered first aid until an EMS crew arrived.

Continue reading "Pedestrian Who Lost Leg in Accident with Connecticut State Trooper Receives $16 Million Verdict " »

Our laws place obligations on doctors that correspond with the tremendous amount of trust we place on them. As medical technology advances, however, newer medical devices may exceed the skills that most doctors have worked for years to develop. These devices may offer cost-saving, or even life-saving, benefits to patients, but the full implications of a surgical device that the surgeon may not fully understand remain unknown. A lawsuit is seeking to hold the manufacturer of a robotic surgical device liable for injuries caused by complications during a procedure.

A Washington woman is suing Intuitive Surgical, Inc., the nation's leading robotic surgical system provider, for injuries sustained by her husband during a prostatectomy in 2008. Estate of Fred E. Taylor v. Intuitive Surgical, No. 09-2-03136-5 (Wash. Super. Ct., Kitsap Co.) The surgeon used robotic surgical equipment called the da Vinci Surgical System. Alleged malfunctions in the system reportedly caused the ordinarily five-hour procedure to take over thirteen hours. According to the New York Times, the 67 year-old patient suffered a stroke, sepsis, and damage to his kidneys and lungs as a result. He survived the procedure but died in 2012. A judge ruled on March 26, 2013 that the case may proceed under state products liability law.

Intuitive claims that nearly 1,400 hospitals around the country have purchased the da Vinci system, which they say can perform various surgical procedures less invasively, with less pain and fewer complications for patients. The surgeon uses the system by operating controls at a console and viewing the procedure as a three-dimensional image. The system scales the surgeon's hand movements to miniature surgical instruments.

Continue reading "Medical Malpractice Suit Examines Liability of Robotic Medical Device Manufacturers for Malfunctions " »

An air traffic controller employed by a private company was negligent in clearing a small plane for flight from the airport in Jackson Hole, Wyoming, according to a recent lawsuit. Bucklin v. Serco, Inc., No. 2:13-cv-00052, complaint (D. Wyo., Mar. 4, 2013). The plane crashed in the mountains, killing everyone on board. The plaintiff, who is the ex-wife of the pilot and mother of the three other victims, seeks to hold the air traffic control service provider liable for its employee's alleged negligence. An investigation by the National Transportation Safety Board (NTSB) concluded that the pilot was probably responsible for the crash, but also found fault with the air traffic controller's decisions.

The pilot decided to fly home from Wyoming to Minnesota with his three sons on October 25, 2010 after a commercial flight was canceled due to a snowstorm. After taking off from Jackson Hole in his 1977 single-engine Mooney M20J propellor plane, he reportedly had difficulty maintaining altitude over the Wind River Range. According to flight recordings, he tried to radio that he was "descending rapidly" shortly before crashing. He also reported "mountain waves," wind currents that occur over mountain ranges that can suck down airplanes flying too low. Following an extensive search lasting about a week, mountain climbers found the plane and the four victims in the vicinity of Lander, Wyoming.

Continue reading "Negligence of Air Traffic Controller Caused Fatal Plane Crash, According to Lawsuit " »

Monster Beverage, an energy drink manufacturer whose product has been at the center of a considerable amount of recent controversy, has changed the way it markets its signature product. This will change the company's legal duties to report adverse events, including deaths, linked to the product. The company faces multiple investigations regarding health risks associated with Monster Energy, a high-caffeine "energy drink," and at least one wrongful death lawsuit. It released its own report disputing the lawsuit's allegations earlier this month, claiming no link between the caffeine content in its drink and the 2011 death of a fourteen year-old girl from caffeine toxicity.

Most manufacturers of energy drinks market them as "dietary supplements," which requires them to report adverse events to the U.S. Food and Drug Administration (FDA). These drinks, which include Monster Energy, contain large amounts of caffeine. Manufacturers have marketed the drinks as dietary supplements to tout their alleged benefits, mostly the result of caffeine and other stimulants. By marketing Monster as a "beverage," the company can reportedly avoid many of the FDA's reporting requirements.

Continue reading "Energy Drink Maker Changes Its Legal Designation Amid Investigations and Lawsuits " »

A cruise ought to provide the opportunity for a relaxing vacation, and while most do just that, some cruises may lead to nightmarish situations. Multiple recent lawsuits for injuries sustained on cruises allege negligence for various failures to protect passengers from injury. These cases provide an important illustration of how contracts entered into as part of a ticket purchase may limit passengers' rights of recovery, preventing them from recovering damages through litigation.

The most well-known recent case of a cruise gone wrong involves Carnival Cruise Lines' ship Triumph. The ship left Galveston, Texas on February 7, 2013 for a four-day cruise to Mexico. On February 10, 2013, according to the U.S. Coast Guard, a fire caused by a fuel-oil leak stopped the ship dead in the water. It remained stranded until tug boats could pull it into a harbor in Mobile, Alabama, leaving the more than 4,200 occupants of the ship, about 3,100 of whom were passengers, stuck on board for five days without effective plumbing or sanitation.

Lawsuits related to the cruise allege that Carnival was negligent in failing to maintain the ship's systems properly. The ship allegedly had mechanical problems on a prior voyage, as recently as January 28, but the cruise line sent the ship out anyway, according to some lawsuits. A lawsuit filed in a Florida federal court, Williams v. Carnival Corp., No. 1:13-cv-20588, complaint for damages (S.D. Fl., Feb. 18, 2013), alleges that the cruise line breached various duties to passengers, including the duties to "maintain or remedy hazardous conditions," id. at 4, and to warn of such hazards. A putative class action lawsuit, Crusan, et al v. Carnival Corp., No. 1:13-cv-20591 (S.D. Fl., Feb. 18, 2013) also alleged various claims for negligence against the cruise line.

Continue reading "Cruise Line Faces Multiple Lawsuits, but May Not Face Liability Due to Contractual Terms " »

Connecticut applies strict prohibitions on the use of cellphones and other mobile devices while driving. These laws are among the strictest in the nation, and while they address a serious risk posed by certain drivers, it is not yet clear that they actually reduce the overall number of automobile accidents. State laws restricting distracted driving may still serve a useful purpose in civil personal injury claims, however, by helping plaintiffs establish that a distracted driver acted negligently.

Bans on cell phone use while driving have encountered criticism for only addressing one type of distraction. A law review note exploring the various legal efforts to address distracted driving described four categories of distraction: "visual, auditory, biomechanical, and cognitive." Andrew F. Amendola, Note, Can You Hear Me Now?: The Myths Surrounding Cell Phone Use While Driving and Connecticut's Failed Attempt at a Remedy, 41 Conn. Law. Rev. 341, 348 (2008). Cell phone use can affect all four.

Two types of accidents tend to result from distraction: the distracted driver collides with an object ahead of them, or the driver veers off the road or into another lane of traffic. Id. at 347-48. The second type of accident only tends to happen when a driver is distracted or has diminished capacity, such as due to intoxication. Among the various forms of distraction, research has shown that eating while driving poses a significant accident risk. A 2009 study by the National Highway Traffic Safety Administration reportedly found that up to eighty percent of all automobile accidents involve a driver attempting to eat and drive at the same time. See also Amendola at 353. Connecticut does not expressly prohibit eating while driving, although law enforcement could investigate it as "reckless driving" in some circumstances. Other significant distractions may include fatigue, children in the car, pets or other animals, external visual distractions like billboards, or even just conversations with passengers. Conversing with a passenger can be just as distracting as a hands-free cell phone conversation. Amendola at 359.

Continue reading "Connecticut Bans Most Cell Phone Use While Driving, Part 2: How May it Affect Personal Injury Claims? " »

Connecticut bans the use of handheld mobile devices, mainly cell phones, while driving, with even stricter bans for school bus drivers and young drivers. Numerous campaigns seek to raise awareness of the dangers of "distracted driving," which refers to operating a vehicle while also using a cell phone or other mobile to device to talk, or to read or compose emails or text messages. Every state in the U.S. has banned some aspect of distracted driving, with Connecticut's ban being one of the strictest, and the federal government has called on states to further restrict cell phone use by drivers. Distracted driving almost undoubtedly creates additional risk of accidents, but research has suggested that bans, like the one in Connecticut, do not significantly impact the number of automobile accidents. Bans on distracted driving may still be helpful to plaintiffs in personal injury cases though, as the violation of a ban may assist in establishing negligence.

The use of handheld cell phones while driving, by holding the phone "to, or in the immediate proximity of, the user's ear," has been prohibited for all drivers in Connecticut since 2005. Conn. Gen. Stat. § 14-296aa(a)(2), (b)(1). Connecticut's law is one of the most comprehensive in the nation, as it is one of only ten states that prohibits all handheld cell phone use. The law does not prohibit most drivers from using hands-free accessories with a cell phone, such as a headset, with exceptions for school bus drivers on duty and drivers under the age of eighteen. Id. at (c)-(d). The statute also prohibits all drivers from sending or reading text messages while driving. Id. at (b)(2). It is a primary law, meaning that a police officer can stop a vehicle and issue a ticket solely for violation of the ban. The National Transportation Safety Board (NTSB) called on state governments to ban all cellphone use while driving, including use involving hands-free accessories. No state has enacted such a ban so far.

Continue reading "Connecticut Bans Most Cell Phone Use While Driving, Part 1: Does It Actually Reduce Accidents? " »

Questions of liability arise at times between manufacturers of brand-name prescription drugs and manufacturers of their generic equivalents. The U.S. Supreme Court ruled several years ago that federal law preempts state laws regarding drug labeling. This led the Alabama Supreme Court recently to find that a brand-name manufacturer could be held liable for a generic manufacturer's failure to warn, as federal law required generic drugs to have identical labels as the brand-name drug. The U.S. Supreme Court is preparing to hear arguments in a case that seeks to hold a generic manufacturer liable for a design or manufacturing defect in the drug, with the manufacturer claiming that they are only allowed by federal law to copy the approved drug design.

The U.S. District Court for the Middle District of Alabama recently certified a question to that state's supreme court regarding whether state law could hold a brand-name drug manufacturer liable for injuries caused by a generic equivalent from a different manufacturer. In re Wyeth V. Weeks, No. 1101397, slip op. (Ala., Jan. 11, 2013). The Alabama Supreme Court held that federal law, in the form of Food and Drug Administration (FDA) regulations, required generic manufacturers to use the same drug labels as those used for the brand-name drug. The court held that it was "not fundamentally unfair to hold the brand-name manufacturer liable" on a failure to warn claim, when the "alleged misrepresentations were drafted by the brand-name manufacturer and merely repeated by the generic manufacturer." Slip op. at 52.

Continue reading "Courts Review Liability of Brand-Name and Generic Drug Manufacturers in Products Liability Cases " »