Corsiglia contended that the first chest x-ray was misread and that it showed a suspicious lesion that should have been reported along with the recommendation to obtain a chest CT scan which would have led to the diagnosis of stage one lung cancer, which is curable. Instead, the cancer misdiagnosis resulted in a finding of incurable cancer.
"Early diagnosis and treatment is the key to treating cancer. This delayed cancer misdiagnosis has lowered my client's chance of survival,"
said Mr. Corsiglia. The party names are part of confidential settlement terms.
Click to read more about this medical malpractice cancer misdiagnosis case.
More information about cancer misdiagnosis and doctor malpractice is available on the Corsiglia, McMahon & Allard medical malpractice website, California Kaiser Lawyer.
]]>In California, the state Office of Traffic Safety (OTS) has joined up with local law enforcement agencies to implement its annual road safety campaign: "It's Not Worth It!" Even though cellphone-related accidents in Northern California have fallen in the last year, driver distractions in the form of electronic devices continue to be a leading factor in serious accidents.
Throughout the state, this message is being promoted as sheriffs' departments run increased enforcement campaigns, looking for individuals texting and making calls while behind the wheel. A ticket for handheld cellphone use in California runs $159 for an initial violation and increases by hundreds for subsequent offenses.
]]> According to statistics compiled by the OTS, drivers that use cell phones are four times as likely to get into injury-causing car accidents. And it takes, on average, 4.6 seconds for drivers to glance down at their cellphones - four seconds in which a car accident can happen.In 2010, the state of California saw 2,715 fatal car accidents. It is unknown how many of these involved cell phone use or distracted driving, but 62 percent of Californians stated last year that texting and talking are the biggest traffic safety problems in the state.
In California and states across the nation, the distracted driving debate continues. Just last December, the National Highway Traffic Safety Administration recommended that all states adopt laws against cellphone use behind the wheel. The hope is that annual programs like Distracted Driving Awareness Month will continue to spread awareness and improve motorist safety.
Source: California Office of Traffic Safety, "California's 2012 Distracted Driving Awareness Month FAQs,"
]]>The legislation was introduced with input from child molestation victims' rights attorney Robert Allard and victims of USA Swimming coaching molestation.
If passed, Assembly Bill 1628 would outlaw confidential settlements involving charges of child sexual abuse, raise the statute of limitations for victims to seek civil justice from age 26 to age 35, and require private entities that use public property, such as a soccer field or swimming pool, to conduct enhanced background screenings on individuals having access to children.
The bill is scheduled to be heard April 17 in the Public Safety Committee.
In a related action, Beall has also introduced ACR 125, a resolution designating April as Child Abuse Prevention Month. Seventy-three legislators joined as co-authors to Beall's resolution, which was approved by the Assembly.
]]>According to researchers at UC Berkley who reviewed California Highway Patrol records, the number of fatal car accidents involving cellphone use dropped by 47 percent in the two-year period following the ban.
The California Office of Traffic Safety, who commissioned the research, believes that the drop in fatal accidents has a direct correlation to the ban on cellphone usage. They report that drivers voluntarily have chosen to not use their cellphones 40 percent of the time.
]]> As awareness grows regarding the dangers of distracted driving, and more states start to enact laws like California's, it is believed that drivers are using their phones less frequently behind the wheel because they are better educated. For others, the cost of the ticket is enough of a deterrent: cellphone tickets start at $159 for a first offense and increase to almost $300 for additional offenses. The fact that California statistics show a steady increase in the number of cellphone convictions since the law went into effect, suggests that the penalties definitely play a role in cracking down on distracted driving accidents.The reason for the decrease is not as important as the fact that the cellphone ban appears to have such a positive effect on human lives being spared from injury or worse yet, death. Drivers must share the road and in doing so share in the responsibility of keeping roads safe. The results from this latest research show that California drivers, at least, are their way to improving that shared responsibility.
Source: The Daily Californian, "California's hand-held cellphone ban has decreased driver deaths, Berkeley researchers find," 3/3/12.
]]>In California alone, 40 people die every year from carbon monoxide poisoning and hundreds more are hospitalized from carbon monoxide-related illnesses. Carbon monoxide poisoning often occurs as the result of a defective appliance, such as a furnace or space heater. In many cases, carbon monoxide deaths and injuries could have been prevented by the use of a carbon monoxide detector.
Carbon monoxide detectors are similar to smoke detectors, and will send an alarm in the event that CO rises to an unsafe level in your residence. Detectors can be hardwired into your home, or you can purchase battery-powered or plug-in models.
]]> The State of California has recognized the importance of having these types of safety devices in place. In 2010, the state passed a law making it mandatory to install carbon monoxide detectors in every home that has a fireplace, fossil fuel heating system or attached garage. The law for those homes went into effect in 2011, and will apply to all other types of homes in 2013.Though it is unclear how individuals without carbon monoxide detectors will be punished under the law, it does send a clear message to the residents of California about the importance of a safety device that can cost as little as $30.
In addition, this law may help families who have lost loved ones and people injured to recover for lost wages, pain and suffering, and medical bills for carbon monoxide-related injuries and deaths in situations where a landlord or hotel room did not install a working detector.
Though the law has been criticized by some as a "nanny state" measure, others, including a firefighters association, have publicly shown support for the law. After all, failing to install a $30 device could result in even more costly injuries, or worse, the loss of a loved one.
Related resources: CPSC.gov, "CO Deaths Continue to Rise," 1/20/12; LA Times, "New law to require home carbon monoxide detectors," 5/7/10.
]]>Long before Jerry Sandusky, Joe Paterno, and Penn State highlighted the issue of childhood molestation in sports, sexual molestation lawsuits against USA Swimming (filed by Allard's legal team, which included attorneys Lynn Johnson, John Parisi, Daniel Singer and Rex Sharp of Kansas City, Missouri and Jonathan Little of Indianapolis, Indiana, forced the organization that oversees competitive swimming in the US and selects our US Olympic team to make the protection of young athletes a top priority. At the same time, the United States Olympic Committee was pressured by work of the legal team, called Lawyers Against Sex Abuse of Children ("LASAC"), into centralizing and standardizing background checks across all Olympic sports, thereby affecting approximately one million athletes.
Allard actively campaigns for the use of law as a positive means of obtaining justice for his clients and in creating a safer community for all. With the victims that he represents, Allard's legal team is also working with California state legislators to craft new laws that will expand and strengthen the reporting of childhood sexual molestation.
]]>Started in 1991, IIPP set forth requirements for California employers to create written plans that outline safe work practices, training and correction procedures.
According to the recent study, employers that do not develop and maintain a written safety plan (as required by IIPP) are involved in two-thirds of all IIPP violations. However, the study also showed that those same companies actually have better overall safety records than companies with no IIPP violations.
]]> Companies that had violated other aspects of worker safety but had a written IIPP plan in place saw a 26 percent decrease in on-the-job injuries a year after receiving the safety citation. While that measure appears to be a positive improvement, when the annual injury reduction numbers are averaged across the state, it appears that the IIPP had almost no effect on California worker injury or fatality rates statewide since 1991.So are employers that only abide by state safety mandates safer than companies that voluntarily implement safety programs?
It is not uncommon for companies to simply follow safety guidelines as mandated, meeting only the minimum requirements. Low enforcement of IIPP also does not encourage companies to exceed safety standards.
Based on the results of this study, California employees should not take their safety lightly. If it is true that workplaces do not appear to be substantially safer than they were 20 years ago, workers should be careful while at work. And in the event of an on-the-job injury, seek advice from an experienced personal injury attorney about your legal rights.
]]>In the news this week, reports out of Los Angeles claim that Mark Berndt, Miramonte Elementary School teacher, faces charges for allegedly molesting up to 23 children.
In the Evergreen Elementary School District in San Jose, O.B. Whaley Elementary School teacher Craig Chandler is facing sexual abuse charges for lewd acts on a child and is accused of having multiple victims.
]]> Corsiglia, McMahon & Allard is announcing steps to provide justice to victims of childhood sexual abuse and molestation. The law firm is currently litigating claims against child molesters and their suspected enablers on behalf of survivors of childhood sexual abuse and molestation. At the same time, attorney Robert Allard is working with elected officials to close loopholes in the law that serve to protect child molesters."Childhood abuse and molestation is a serious problem that must be addressed through both the court system and in the legislature.
Hopefully, the victims in those matters will come forward and take whatever steps are necessary to ensure that this does not happen again not only at these but other schools so that children are protected," said Allard.
Allard is currently representing three young children, two of whom have filed separate lawsuits claiming that they were sexually molested by Trace CDC daycare worker Keith Woodhouse.
"Our legal team believes in using the law to hold wrongdoers and their enablers accountable, to fairly compensate the injured and their families, and as a result make our community safer," said Allard.
]]>Attorney Robert Allard has filed two child molestation lawsuits filed on behalf of two young children allegedly molested by Keith Woodhouse. The lawsuits claim that both Trace CDC and Child Development Inc. should be held accountable for employing Woodhouse. The lawsuit claims that if the organizations had conducted a thorough background or reference check, they would have learned of Woodhouse's previous behavior. Trace CDC runs the before- and after-school care program operated by Child Development Inc.
Allard, working with victims of USA Swimming coaching sexual abuse that he represents, is looking at making changes to mandatory reporting laws in California and throughout the nation. One of the proposed changes would require public facilities to mandate that any organization that seeks to rent or lease a public facility conduct a thorough background and reference check on any individual who has contact with children. In the case of Trace CDC, they ran a program for children on the campus of a public school, Trace Elementary.
Mercury News story: http://www.mercurynews.com/news/ci_19621625
]]>Attorney Robert Allard said that the lawsuit is aimed at making roadway conditions safer so that other families do not have to suffer the same tragedy.
You can read more about the wrongful death lawsuit here.
The Salinas Californian Newspaper has a write up on the lawsuit
]]>The lawsuits were filed on behalf of 7 and 8 year old girls, respectively. In a lawsuit (case # 1-11-CV-214040) filed this week, the 7 year old states she was sexually molested by Woodhouse on numerous occasions while he was employed as a daycare worker by Trace CDC. In the lawsuit filed November 4, 2011 (case #111CV212614), the 8 year old girl states that there were multiple incidents of sexual molestation. The lawsuits allege that Woodhouse molested and sexually assaulted at least 5-10 young female students under the age of 14.
]]> "Both Child Development, Inc. and Trace CDC utterly failed to ensure the safety and security of small children" said attorney Robert Allard, partner in the law firm of Corsiglia, McMahon & Allard. "In today's climate, these organizations should have known the potentially dire consequences of not properly checking the background of a person who is entrusted with the welfare of young kids", added Allard.According to police reports, Woodhouse's work and volunteer experience dates back to 1999 in the San Jose and Los Angeles areas, and his experience consists of various positions in camp counseling, children's ministry internships, Sunday school counseling, day care and after school activities.
If you have any information on Keith Woodhouse, the locations that he has worked or volunteered at, or Child Development, Inc. itself, please contact attorney Robert Allard at 408-289-1417.
]]>The lawsuit filed in Santa Clara County Superior Court, Case 1-11-CV-202283, alleged that a trusted family friend, Randy Sozanski, knowingly allowed an acquaintance, Dan Armstrong, to drive the youth- Matt L., even though Sozanski knew Armstrong had been drinking heavily.
Armstrong's car ended up in the Resurrection River on the Kenai Peninsula near Seward, Alaska drowning Matthew who was later found in the submerged vehicle still strapped in his seatbelt. Armstrong escaped from the submerged vehicle saving his own life.
Armstrong was sentenced to four years in prison after pleading guilty to negligent homicide, driving under the influence and failure to insure his vehicle.
Because Armstrong had no insurance and Sozanski was trusted to care for Matt while on vacation, attorney Timothy McMahon, law firm of Corsiglia, McMahon & Allard, on behalf of Matt's family, sued Sozanski for Wrongful Death.
]]> According to Alaska State Troopers, Sozanski and his group (that included Armstrong) were drinking on the banks of the Resurrection River in the middle of the night at a "bonfire". Sozanski brought Matt to the late night "bonfire party" instead of letting him sleep at the vacation home. When they left, Sozanski allowed Matt to ride with Armstrong who minutes later drove his vehicle straight into the Resurrection River after missing a turn on the road. It took almost 2 hours before Sozanski's group called for help. During this time it was suspected that members of the party were trying to destroy the evidence of drinking and other illicit activity, waiting for Armstrong's alcohol level to subside, and were developing their "story" to tell the police. While they waited to call police, Matt remained trapped to the back seat of the car submerged in the icy water at the bottom of the river.Ultimately, hours later, Armstrong's blood alcohol level was tested and estimated to have been above the legal limit at the time of the accident. He also tested positive for marijuana. The investigation determined that Armstrong drove into the river after missing a turn on a dirt road. Armstrong had a previous citation of reckless driving with alcohol on his record.
For more on the story,
]]>According to a recently released report from the U.S. Department of Labor's Bureau of Labor Statistics (BLS), workplace injuries and illnesses fell in 2010, as compared to 2009. In 2010, 3.5 workers out of every 100 full-time workers was injured. This is down slightly from 2009, in which 3.6 workers out of every 100 were injured in the private sector.
Overall, almost 200,000 less workplace injuries and illness in the private sector were reported this past year.
In a written statement, the Secretary of Labor said that the decrease in injuries is a step in the right direction, but "3.1 million injuries and illnesses in the workplace is too high. Serious injuries and illnesses can knock a working family out of the middle class. Workers should not have to sacrifice their health and safety to earn a paycheck."
]]> In the statement, the secretary also noted that workers in the health care industry continue to be injured more often than workers in construction and manufacturing. The Occupational Safety and Health Administration (OSHA) will continue to work with employers and unions in the health care industry and others to help reduce the risks of workplace injuries.The BLS's report also found workplace injuries in the public sector to be considerably high -- at a rate of 5.7 workers out of every 100 full-time workers being injured. "We must continue to work with state and local governments to ensure the safety of our public employees," Secretary of Labor Hilda S. Solis noted.
The written statement also touched on the importance of accurate record keeping. With proper recording keeping of injuries and illnesses, employers will be in a better position to identify the issues that put their employees at risk. Once identified, is easier for workplaces to create programs that will be better protect our workers.
In closing, the secretary noted, "As our economy continues to rebound and grow, we must ensure that safety and health are a part of that growth. Let's all remember that no job is a good job unless it is also a safe job."
Source: Safety Management Group, "US Injury Rate Drops Slightly in 2010," 11/5/11.
]]>To see the full story, click here.
Allard's legal work on behalf of a 14 year old girl molested by a USA Swimming coach and victims around the country has resulted in the national governing body that selects our Olympic swim team to make the protection of our young athletes a top priority.
Earlier today, Attorney Jon Little filed a new lawsuit against USA Swimming on behalf of a young swimmer who was 14 years old when she was molested by her coach. The lawsuit alleges that numerous top officials knew of the coach's predatory background and ignored it. More on the story here:
]]>Medical malpractice attorney Brad Corsiglia has settled several hundred medical negligence cases over the last 20 years including one of the largest recorded settlements in California against a major healthcare provider for $6.5 million last year.
The inclusion of Corsiglia, McMahon & Allard law firm in Best Law Firms in America follows the selection of partner and medical malpractice attorney Brad Corsiglia by his peers in the Best Lawyers in America®
2012 in the field of Medical Malpractice. Inclusion in Best Lawyers is based entirely on peer review. Best Lawyers uses peer reviews, client assessments and data to determine its rankings.
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