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Litigation Funding Blog

Football Star Beau Orth’s Wrong Level Spine Surgery Ruined His Career

October 21, 2015

Beau Orth, a former University of Nevada, Las Vegas (UNLV) football player, had a promising football career ahead of him until he had wrong-level surgery on his spine — an operation that ended any chances of him ever playing again.

Beau Orth seemingly had a chance at a career playing football and was looking forward to playing professionally. He went in to surgery to treat a herniated disc, which consisted of a micro-discectomy at LS-S1. His doctor told him that surgery was simple and easy and would allow him to play in a few weeks. Orth, who was 21 years old at the time, came out of surgery to discover the surgeon, Dr. Albert Capanna, had operated on L4-5, not LS-S1.

The result was a severe collapse of his disc. His spine was permanently damaged and he would never play football again. He faces the prospect of multiple future surgeries to attempt to correct the damage left behind by Capanna. According to the statement of claim, Capanna had reportedly also conducted a wrong-level surgery on at least one other UNLV football player.

The medical malpractice lawsuit seeks damages and hopes to make a statement that this type of error should never happen to any other players or patients. Medical bills in a situation such as this are staggeringly high, and even though Orth may have earned money from his early football career, it would be difficult to pay off the bills, particularly since he will require several future surgeries.

The ongoing expenses, medications and rehabilitation are going to becostly. Orth may wish to consider applying for pre-settlement funding from a litigation funding company. It is a user-friendly process and an application may be filled out online or by calling the lawsuit loan company directly.

Once the details of the case have been reviewed with the attorney-of-record and the application has been approved, the funds are expedited to the plaintiff, landing directly in his or her bank account in less than 48 hours. Applicants for pre-settlement funding are not required to be working when they apply, are not expected to go through a credit check and do not pay any funds upfront or throughout the duration of the lawsuit loan. They also do not have to deal with any insurance companies seeking to mitigate their losses by trying to get the plaintiff to settle for less than what they may get in court or on settlement.

Toyota Works Toward Settlement for Sudden Acceleration Deaths

February 28, 2014

Years after the controversy began, Toyota is still dealing with defective e-throttle system issues. Toyota is now gathering its legal advisors and working towards a global settlement to deal with a second group of sudden acceleration death and injury cases.

In 2005, a jury found that the company acted with “reckless disregard” in taking action to deal with reported acceleration issues in their Camrys. In 2013, Toyota massed its resources to finance a major settlement a mere 60 days after an Oklahoma jury found the e-throttle system in Toyota’s Camry to be defective.

The cars involved in the claims suddenly accelerated without warning or apparent cause. Many of their drivers, unable to control the runaway vehicles, crashed, suffered serious injuries or died. A number of lawsuits were pending in California until a judge put them on hold (as the company and its lawyers made attempts to settle them).

The first of more than 200 lawsuits was slated for court in March 2014. The suits remained in place in spite of the fact that first three cases were resolved in favor of the defendant (Toyota).

However, when the company lost its 2013 Oklahoma case, circumstances changed. Toyota could lose a substantial amount of money if the remainder of the 200 cases proceeded to trial losses, so the company recently decided to negotiate settlements.

These settlement developments represent good news for the hundreds of plaintiffs involved in talks and lawsuits with Toyota, but those plaintiffs are still struggling to keep current with their overwhelming medical bills. How are those individuals going to pay bills on time as they wait for a resolution? Many of them may find that litigation funding offers the perfect option. A lawsuit loan is often a major benefit to plaintiffs who, once approved, find virtually instant funds that allow them to stay out of debt.

Plaintiffs are not required to go through a credit check, do not need to be working when they apply, do not make any payments up front/monthly and do not have to take any settlements from insurance companies. Should their cases lose in court, they are also eligible to keep any lawsuit loan monies advanced to them. There are no strings attached. While pre-settlement funding is not for everyone, it appeals to many caught between a rock and a hard place. Often, the emergency lawsuit loan is a perfect solution for a cash-poor plaintiff facing regular bills and unexpected medical expenses.

Outpatient Surgery Center Sued for Medical Negligence

February 26, 2014

Several years ago, Charles Belvins filed a medical malpractice lawsuit against a local surgical group after his arthroscopic knee surgery went awry.

Blevins, a banker, needed knee surgery and undewent the necessary procedures at Coastal Surgical Institute in San Luis Obispo. He was assured that the needed repairs would not take long and that he would be home in no time. The arthroscopic surgery went well, but a few days later, he began to experience severe pain in his right knee and to run a fever. The local hospital determined that he had a serious deep tissue infection, and the attending physician prescribed antibiotics.

In October 2010, a month after his knee operation, the surgical center tendered Belvin a check. Later, in court, Belvins stated that the money was in partial payment of his extra costs as a result of the negligence in his treatment. Coastal Surgical, the defendant, stated that the money represented a complete settlement of any claims Blevins may have had against it.

In December 2012, a judge found that the medical center’s negligence was a determining factor in the plaintiff’s severe infection and awarded him $543,034 for lost wages, past and future medical bills and past and future pain and suffering. The finding was based on trial evidence that the equipment used during the plaintiff’s surgery was contaminated with bacteria. The defendant stated that a disinfecting sponge was to blame for the infection, and that they had stopped using that product immediately.

It took more than three years to resolve Belvins’ case in court. Though he remained gainfully employed during that time, Blevins may have struggled to pay the large medical bills for his extended, painful recovery after further, numerous operations, including a full knee replacement. Based on his circumstances, he may have been able to use litigation funding to subsidize his expenses while he waited for his case to go to court.

Pre-settlement funding is an excellent resource for those facing long legal battles for justice. A plaintiff only has to hire an attorney and file an application online (or call a litigation funding company and speak to one of its representatives) to qualify for a lawsuit loan. Once an application has been reviewed and approved, the fast cash lawsuit loan is sent to the plaintiff’s bank account. Plaintiffs may use the money for any need, although most pay medical bills and retain what cash they can to ensure they are financially secure during the wait for their case resolution. Litigation funding offers a major support for cash-strapped plaintiffs, and many find the benefits very appealing.

22-Year-Old Dies at Scene of Rear-End Collision with Logging Truck

December 31, 2013

A young man died on his way to work after an early morning encounter with a logging truck.

Negligence comes in many forms. In this instance, it caused the death of a 22-year-old man one morning in September 2011. Christopher Grouix loved his job as a carpentry apprentice, and every morning, he looked forward to what he would learn that day. But Grouix never made it to work; he rear-ended a John Deere logging truck and was pronounced dead at the scene. His parents chose to sue the truck’s owner and the trucker behind the wheel at the time of the crash. The driver pled guilty to a moving violation and served six months in jail.

At trial, the plaintiff’s wrongful death attorney argued that the young man could not have seen the logging truck because the vehicle did not have the mandatory lights required by law. The defendant’s lawyer argued that the accident was really Grouix’s fault: he was not paying attention to what he was doing, fell asleep at the wheel or was texting or talking on his cell phone.

The defense offered as evidence the fact that the young man had been to a concert the night before and had not arrived home until 1:00 a.m. Moreover, his cell phone was located close to the crash site. The plaintiff’s attorney responded that the young man carried his phone in his pocket and that it had remained there on the drive before the accident.

In the final analysis, the jury awarded Grouix’s parents $1.5 million. The sum included economic damages, including funeral and burial costs, the loss of their son’s income to support the household and $500,000 for pain and suffering.

Families faced with such situations often find themselves scrambling to find the funds for all their necessary expenses and for those incurred as a result of the death of their loved one. It is difficult enough to deal with such a catastrophic loss without trying pay usual living expenses.

Litigation funding may have been a good solution for Grouix’s family. Such funding could have assisted them in paying bills while they mourned and waited for the case to be resolved. A lawsuit cash advance can provide enormous relief for those facing unexpected bills with no way to pay them. These advances allow a family time to heal while they pay the medical expenses and other important bills that must be paid.

Pre-settlement funding is not for everyone, but a lawsuit cash advance can benefit many plaintiffs. It is an option worth exploring. There are no credit checks, no upfront fees or monthly fees and the applicant does not need to be employed. Lawsuit loans often make the difference between a family’s financial struggle and their comfort, offering the funds to handle challenges that appear while their case is making its way through court.

One Defective Tire, $1.5 Million in Medical Bills

December 12, 2013

Tires keep us safe on the road, and if something goes wrong with them, anything could happen.

One May morning in 2009, Tracey Parker of Florida was driving her Chevy Cobalt down I95. One of her tires came off its rim, and she lost control of her car. Her vehicle flipped three times and landed on the highway median. Parker was 39 years old at the time of the accident, a wife and mother to three young boys. She was not expected to survive her injuries.

Her coma lasted a month, but remarkably, Parker did survive. After 17 operations and more than three months in the hospital, she went home with a $1.5 million medical bill. Even at home, she was in constant pain; some of her broken bones never healed properly. Her whole life was turned inside out, and she will never be the same person she was before the crash. Parker and her husband decided to sue Continental Tire, the fourth largest tire manufacturer worldwide, over the defective tire that contributed to the accident.

At trial, the plaintiffs alleged that the tire on the Cobalt was defective when it left the plant. The tire was four years old, had no inspection sticker and had 20,000 miles of tread remaining on the day of the accident. It was obvious, the Parkers’ lawyer argued, that the tire had missed inspection. The defendant’s attorney suggested that the crash was Tracey Parker’s fault because she had not properly inflated her tires, and that the resulting uneven tires made her lose control of the vehicle. The case may not have gone to trial had the tire company taken the Parkers’ pre-trial offer to settle for $800,000. They declined, and eventually faced a jury award of $10 million.

With such high medical bills, the Parkers would have been left in an extremely difficult financial position as they tried to continue paying their regular and usual expenses. Without applying for a lawsuit loan, few would have access to the funds they would need. Lawsuit loans (also called pre-settlement loans or litigation funding) help plaintiffs cope with their suddenly enormous expenses. Those applying for a lawsuit cash advance need only hire an attorney to represent them and fill out an online application with a litigation funding company (or call them directly for more information).

Approved plaintiffs usually receive their cash advances within 48 hours. The funds are sent directly to the plaintiff’s bank account, and are typically used to pay medical bills and maintain usual expenses. Approval is based on the case’s predicted strength in court. If, for some reason, the plaintiff loses the case, he or she is able to keep the lawsuit loan funds, no strings attached. Litigation funding can help plaintiffs and their families maintain order in their lives as they wait for their case to be resolved.

Risk of heart attacks was allegedly hidden by medical care company

October 24, 2013

Fresenius Medical Care, who company which makes GranuFlo for use with dialysis patients, has been named in a wrongful death lawsuit.

A Princeton, Indiana woman reportedly went for her regular dialysis appointment in 2011. She was given a dialysate made by Fresenius Medical Care, Granuflo, used to screen blood during hemodialysis.

Two days later, the woman was found dead in her home. She had apparently suffered a heart attack. Her family filed a wrongful death, defective product lawsuit, suggesting the medical manufacturer deliberately hid the potentially fatal side-effects of the product. It further stated that the deceased and her health care providers were not advised of how dangerous the product could be. The lawsuit is asking $2 million in damages.

Further information presented in court documents indicated Granuflo did not have a proper balance of bicarbonate and sodium acetate, which could lead to a heart attack and metabolic alkalosis. The sodium acetate is used to balance bicarbonate levels in the blood during use with a three-stream dialysis machine.

Evidently, the company was aware of the risk of their product as early as 2004, but did not issue any warnings. Since that time, over 260,000 patients have used Granuflo. It is believed thousands have had serious issues with the sodium bicarbonate and at least 941 people died as a result of using the product.

The company did send a memo to their own clinics in 2011, advising that the product could increase the risk of a heart attack by up to 8 times. The memo was not sent to anyone else, until someone anonymously sent a copy to the Food and Drug Administration (FDA) in 2012. It is expected there will be more lawsuits filed against the company.

The deceased’s family faces a long journey to justice. In the meantime, they may struggle to pay their regular bills, in addition to funeral and burial expenses. In order to get ahead on their payments and other important expenses, they might wish to consider applying for a lawsuit loan. Litigation funding is an emergency cash loan that plaintiffs may use to pay their bills.

Pre-settlement funding also allows a plaintiff to turn down any short cash offers an insurance company may attempt to make, hoping they would settle for less than what they would be entitled to in court. Make sure you have hired a lawyer first, then contact a reputable litigation company for assistance. It may be the best call you ever make.

Six-year-old boy dies by electrocution at abandoned commercial property

October 15, 2013

The death of a 6-year-old boy by electrocution at a site that had been inspected by a city worker has sparked a lawsuit.

Cases involving the death of young children are especially difficult for everyone, and perhaps no more so than for the city of Montgomery employee who had recently inspected an abandoned facility approximately five months prior to the boy’s death.
The young boy died in 2009, as a result of playing near an air-conditioning unit in an abandoned building on a commercial property. While playing, the young boy came into contact with live wires and was electrocuted. The property had been inspected five months before the boy’s death. Thieves had raided the air-conditioner to steal the copper wiring.

The parents filed a wrongful death lawsuit, naming the worker. The main issue in the case relates to whether or not the worker, who did the inspection onsite, is protected by state law, a law that caps damages in civil suits at $100,000. In this instance, the worker is being sued personally, not as an employee for the city, which may, or may not mean that he is protected by the law.

The electrical worker’s attorney argued in court that the law does protect city workers from damages above the existing cap, and states that in plain and clear language. The original trial court ruled the statutory cap did not apply. The case went on appeal. There is no word on when the Supreme Court intends to hear the appeal.

The boy’s parents likely have massive bills to contend with in addition to their regular expenses, and may be hard-pressed to keep up with all of them in a timely manner. A solution for them to pay those bills would be applying for litigation funding. Pre-settlement funding is an advance lawsuit loan that is sent to approved plaintiff applicants to allow them to get back their financial bearings.

Applying for a lawsuit loan is easy. It may be done online or by phone. There are not upfront payments or monthly payments, no credit checks and no hassles. Many plaintiffs find litigation funding appealing when they have nowhere else to go to get financial help.

Drunk Driving Kills Five People, Injures Two Others

July 31, 2013

An 18-year-old who was allegedly drunk driving after escaping a juvenile detention center escapee is accused of killing family members and injuring two others in an auto accident. His blood alcohol content was reported to be 0.12 percent, well above the legal limit of 0.08.

Police reports indicate that the teen and his passenger were injured when the vehicle they were in rear-ended a Chevy van carrying seven people. The force of the impact flipped the van, killing five of the occupants. The van’s driver and a 15-year-old boy were the only survivors. Despite the teen’s lawyer indication that he would plead not guilty, the boy had reportedly admitted to police he was behind the wheel at the time of the accident. In the front and back seat investigators found several bottles of beer.

The teen was subsequently charged with DUI causing substantial injury or death, plus two misdemeanor charges —- driving without a license and failing to slow down. According to his criminal defense attorney, the teen plans to plead not guilty, as there may be some issue as to whether or not he was driving at the time of the accident. In the meantime, he is being held on $3.5 million bail and is in isolated, protective custody in jail. His attorney indicated that his client was praying for the five people killed in the accident.

Anyone facing the loss of five members is likely utterly devastated. The expense to bury five and pay funeral costs typically is staggering. In order to be able to pay their bills and wait for their wrongful death lawsuit to be resolved, the perfect solution may be to apply for a lawsuit cash advance. Pre-settlement funding is an emergency loan advanced to qualified plaintiffs working with a lawyer that allows them to get out of debt and keep their financial obligations current while waiting for a trial or settlement.

Plaintiffs just need to fill out an application online or by calling a litigation funding company. They do not get put through a credit check, there are no fees to be paid upfront or monthly, the applicant does not need to have a job and if they do lose their case in court, the lawsuit cash advance is theirs to keep, with no strings attached.

Unsafe escalator Causes Death of Man

July 15, 2013

Due to the negligent maintenance of a public elevator, a man was strangled to death.

A 42-year-old man was in a downtown Seattle bus terminal early one Sunday morning; near the bottom of the escalator, he apparently lost his balance and fell. His shirt was caught in the moving escalator teeth; the fabric of his shirt was slowly tightened until it strangled him.

Eyewitnesses called 911, but no one was able to provide a knife or other sharp instrument which might have helped to cut the man loose. He was deceased by the time paramedics and the police arrived on the scene. The Washington State Department of Labor and Industries then presumably attended the scene to investigate the cause for the gruesome accident.

According to reports, the man might have been drinking prior to the accident; he was spotted walking unsteadily on the escalator and had in his possession a bottle of brandy. Regardless of his state of inebriation, there were maintenance problems with the equipment. In fact, there were numerous known issues that needed to be dealt with in regards to the escalator: ensuring the stop switch worked; fixing demarcation lights; replacing broken teeth; keeping the maintenance journal up-to-date; annual cleaning, and more. These items had been flagged during a safety inspection in December. None of the safety issues were addressed by Metro Transit at the time of the man’s death.

The man’s family may wish to contact a personal injury attorney and find out what they need to do in order to file a wrongful death lawsuit. These suits are often initiated by the deceased’s relatives to ensure nothing like this happens to anyone. In short, the suit would send a message that necessary maintenance must be performed to keep such equipment in good operational order and safe.
The family may face financial difficulties in trying to deal with the man’s funeral and burial expenses and would have a difficult time paying all of their bills. One solution for them would be to apply for lawsuit funding, once they have hired a lawyer. The process for applying for pre-settlement funding is easy and only takes a few minutes, either online or by phone.

A lawsuit cash advance is given to a plaintiff in advance of their case going to settlement or court. Once their application has been approved, the lawsuit loan is sent directly to their bank account, where they may access it to pay pressing bills. Once they have the funding in the bank, they do not need to deal with any insurance companies that would try and get them to settle for less than what they would likely be awarded in court. Litigation funding is often the one best advantage a plaintiff has to level the playing field.

Horrific Work Accident Kills Plant Cleaner

June 11, 2013

A worker died at plant cited for safety violations.

This is a baffling wrongful death case, in which a 41-year-old man fell to his death while cleaning a running meat blender.

The equipment had an emergency switch; a co-worker rushed to turn the machine off, but the accident proved fatal. The autopsy indicated he died of blunt-force trauma and chopping wounds.

The Interstate Meat Distributors plant in Oregon had, just prior to this man’s death, been cited for serious safety violations relating to some of the equipment in the plant. The Occupational Safety and Health Administration (OSHA) indicated that safety at Interstate Meat was lax.

As a result of this fatal accident, the OSHA launched an investigation into the overall operation of the plant and the circumstances surrounding the worker’s wrongful death. OSHA officials suggested to the media that until the investigation was completed, they did not know for sure if there was a direct link between safety violations and the man’s death.

Plant management offered to fully cooperate with all investigations while continuing to operate the business. The results of any inquiries into the death will not bring the man back, and his family may wish to file a wrongful death lawsuit. On the face of the evidence relating to the lack of proper safety procedures, a wrongful death attorney could take the matter to settlement or court.

In the meantime, the family faces financial needs relating to their loved one’s sudden death. The best solution for them to pay all the bills would be to apply for litigation funding. It is easily applied for by going online or calling a lawsuit loan company.

Pre-settlement funding is a cash advance given to approved plaintiffs before their case is settled or goes to court. They may do what they wish with the money, but are encouraged to pay their bills and all expenses relating to a funeral and burial for their loved one. The remainder of the lawsuit loan can stay tucked in the bank while the plaintiffs take time to heal while waiting for justice.

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