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Author Archives: Adam Peck

 About Adam Peck

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.
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Why is the Plaintiff entitled to Sanctions for Destruction of Evidence in a Wrongful Death Case?

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three nursing homes charged for wrongful deathsWhy is the Plaintiff entitled to Sanctions for Destruction of Evidence in a Wrongful Death Case? As a sanction for destruction of evidence by the National Park Service in a wrongful death case, a federal judge in Sacramento, Calif., ruled On May 14, 2013 that the United States was negligent.

The case concerns the July 2009 death of Tommy Botell, 9, after a retaining wall that he and his sister had been sitting on collapsed. Damages are also being sought for his sister, who was injured in the accident at Lassen Volcanic National Park.  Litigants can be sanctioned for destroying evidence.  This is sometimes called Spoliation of Evidence.

Adopting the findings and recommendation of a magistrate, U.S. District Judge Troy L. Nunley held that the government was negligent “for all purposes in this case.”

The magistrate found that the government “purposely destroyed” the remains of the retaining wall, and that the park director and some staff knew the wall was unsafe, the newspaper says.

“What is less clear, although highly suspicious, is whether defendant [destroyed] evidence other than the wall,” U.S. Magistrate Gregory G. Hollows wrote in a previous decision.

Still undecided in the case and expected to be addressed at a June hearing is whether the government can assert a “discretionary function” defense under the Federal Tort Claims Act, according to Peck. The government argues that those in charge of the park had discretion to decide whether or not to repair the wall, and hence the government cannot be held liable for their decision-making.

The U.S. attorney’s Office in Sacramento declined comment about the ruling when contacted by the newspaper.

Traumatic Brain Injury Contributes to A Third of All Personal Injury Related Deaths in the United States

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photo__1197237_steven_peck_photoTraumatic Brain Injury Contributes to A Third of All Personal Injury Related Deaths in the United States. According to The National Institutes of Health, they’ve stated that a type of head injury, traumatic brain injury or TBI, contributes to almost a third of all injury-related deaths in the United States. Nationally, about 1.7 million people sustain a TBI every year.

A TBI is the result of a sudden blow or piercing injury to the skull. The severity of a TBI can vary from mild to severe. A mild TBI can bring on symptoms like headache, dizziness, clumsiness, sleep difficulties and fatigue. Sensory consequences of mild TBI can include blurred vision, a bad taste in the mouth or ringing in the ears. Cognitive and social effects like trouble with concentration and attention, memory problems and moodiness can result.

Usually a mild head injury does not involve loss of consciousness, but the injured person could black out for a few moments. A longer period of unconsciousness raises suspicion of more serious TBI. Persons whose TBI is severe can lapse into extended unconsciousness or coma.

In cases of severe TBI, the injured person is likely to experience symptoms like those of mild TBI, but exacerbated. Headache can be intense and persistent. The injured person could be nauseated and may vomit repeatedly. Beyond mere dizziness, the person may have weak limbs and convulsions or seizures. Observers may note that one or both of the injured person’s pupils are dilated, and the person’s speech may be slurred. Emotional distress may be evident, exemplified by restlessness, agitation or confusion.

Treatment for TBI depends on its severity. Immediate medical attention including diagnostic imaging is necessary, and stabilizing the injured person is a priority to prevent further brain damage. Blood pressure is closely monitored and oxygen supply to the body is a concern.

In the long term, recovery from this kind of injury can be slow. Along with medical attention to the site of the injury, patients may need physical therapy, psychological counseling and other rehabilitative treatment.

Skin Breakdown in Long Term Care Residents

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bad hygiene and bed soresSkin Breakdown in Long Term Care Residents who are not watched can cause serious injury, pain, infection, and (in some cases) leads to the death of a senior resident.

Nursing Home staff must understand and be educated as to what causes the development of skin breakdown, how rapidly skin breakdown will transpire. and what needs to be done to make sure Elders and Dependent adults are cared for to prevent.

Bed Sores, also known as Pressure Sores and Decubitus Ulcers should not manifest at all if the individual in the care facility is being watched and turned at least every two hours or less if necessary.

Fourth Degree Bed Sores, the worst, can be seen going into the bone and in many instances can cause severe Ecoli and other infections which further compromise the health and safety of the Elder or Dependent Adult.

 

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