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Litigation Funding Blog

Proposed Settlements Reached In Wrongful Death Lawsuits That Arose From the Intentional Killing of Patients At A Hospital By A Former Nursing Assistant

December 29, 2020

The Veterans Health Administration (VHA) is one of the largest health care system in the world. It provides training for most of the United States’ medical, nursing and allied health professionals. The VHA consists of over 1,200 health care facilities – medical centers and outpatient sites – that serve over nine million enrolled veterans each year. The VHA services include surgery, mental health, pharmacy, radiology, physical therapy, dental, and vision care.

Like civilian hospitals, the VA hospitals located within each state and territory have medical professionals to carry out the health care services and needs of the veteran-patients. Such job titles include doctors, pharmacists, nurses, and nursing assistants. Each medical professional plays a pivotal role in the care of the patients at the VA hospital.

In the United States, there are over 1.5 million certified nursing assistants. Commonly referred to as CNAs, they work under the supervision of a nurses. Their help patients with tasks that are physical, complex, and vital to proper medical care, such as:

  • Bathing patients
  • Turning or moving patients
  • Grooming patients (ex. brushing their teeth and hair)
  • Feeding patients
  • Wound care
  • Checking vital signa (ex. blood pressure, heart rate)

State laws set forth the legal duties that CNAs have to their patients. They must perform their work duties at the accepted standard of care in their industry and as required by law. Failure of a CNA to meet the legal duties and standards of care may result in her being held liable for injuries or other harm caused to the patients.

Reta Mays, a former hospital nursing assistant at the Louis A. Johnson VA Medical Center in West Virginia admitted to intentionally killing seven patients with fatal doses of insulin. In July 2020, she pleaded guilty to giving the patients wrongful insulin injections. At her plea hearing, she admitted to committing these killings while working the overnight shifts at the hospital between 2017 and 2018. However, she did not give the authorities a satisfactory reason for what her motivation and purpose were behind her actions.

The families of the veterans who died at the hands of Mays filed lawsuits against the hospital. The federal court filings stated that the VA and the VA hospital were negligent as to the murders because they happened under their watch. The hospital and the family members reached proposed settlements ranging in the amount from $700,000 to $975,000 for deaths of respective victims.

The unexpected death of a loved one brings an overwhelming flood of emotions. In addition to the sorrow and grief, many things must be done to prepare for the funeral and burial of the deceased. When a loved one who is intentionally killed by another person, the situation is intensified with anger and the strong need to get justice. The surviving family members may seek to file a lawsuit against all at-fault parties who contributed to the death of their loved one. However, expenses are involved in the funeral and burial process as well as filing a lawsuit. At the same time, normal financial obligation – bills, food, gas – still must be paid. While the financial preparation may have been set in the instance of the person dying, the surviving family may not have the extra money available to cover the costs associated with a lawsuit.

Rather than foregoing the lawsuit, the surviving family members may seek litigation funding to cover legal expenses. Also known as litigation financing, it is a financial option for people who want to seek legal compensation but do not have the funds to do so. A third-party financing company gives the money to pay for the legal fees. The money is an investment rather than a loan because the financing company may not get back the money. “The person receiving the financing only pays the money back to the financing company if he or she wins or settles the lawsuit,” Daren Monroe of Litigation Funding Corporation, Michigan.

Troy Gentry’s Widow Files Wrongful Death Lawsuit After Helicopter Crash

April 17, 2018

The widow of a country music star filed a wrongful death lawsuit against the makers of a helicopter that spun out of control and crashed, killing all onboard.

The lawsuit names three defendants, the helicopter companies, and claims that they failed to make Model 269 crashworthy, despite knowing the same model, but a military version, had been updated several years earlier. Court documents claim that at the moment the helicopter took off, the throttle cable jammed, throwing the engine into high gear.

The lawsuit states that due to engine defects, the helicopter could not enter autorotation, did not disengage from the transmission as expected causing the rotors to slow to an unsafe speed, causing the craft to immediately drop to the ground.

A wrongful death suit can be filed when a loved one is killed due the negligence of another party or parties. These claims, however, can take years to settle, leaving family members financially strapped. If there are no other sources of funding, such as life insurance or a sympathetic relative, the plaintiff may be eligible for litigation funding, also referred to as pre-settlement funding.

Litigation Funding Corporation assesses the potential case value and case success to determine if they can provide a plaintiff with a lawsuit cash advance. The primary goal of strategic litigation financing is to remove or reduce the financial pressure on plaintiffs who often settle too soon and for too little.

The litigation funding, application process is simple and if approved, the lawsuit cash advance can be available quickly. Upon approval and a signed contract, the funds can be sent within 24 – 48 hours by check or by wire. The plaintiff can use the funding immediately to pay medical bills, funeral expenses, monthly financial obligations or other costs. A lawsuit cash advance is 100 percent risk-free. If the case is lost in court, litigation funding clients do not need to repay the cash advance.

Litigation Funding Corporation underwrites hundreds of transactions such as this one. A lawsuit cash advance may also be available for auto accidents, premises liability lawsuits, medical malpractice claims, product liability cases, and airplane and train crashes.

Need financial assistance for a pending personal injury or wrongful death lawsuit? Call 1-866-548-3863 to discuss your funding needs. We would be pleased to help you obtain justice.

Two Sisters Hit, One Killed, By Alleged Drunk and Distracted Driver At Entrance of Walmart

October 24, 2016

Earlier this month, two sisters were hit in a crosswalk as they approached the entrance of a Wal-Mart. Witnesses said the driver of a Ford Explorer was driving excessively fast, talking on his cellphone and looking into the store while driving along the building’s entrance. One of the women was pinned underneath the SUV. Both women were taken to the hospital, where one died the next day from injuries sustained. The driver was taken into custody and charged with felony DUI causing death and DUI causing serious bodily injury. Our hearts go out to the family in this terrible DUI accident.

As the criminal case is underway, the family of these sisters should consider filing a wrongful death and personal injury lawsuit against the driver. A lawsuit can provide the victim and family with essential compensation for replacing the income, and also help to pay for their emotional pain and suffering, as well as any medical and funeral expenses.

For plaintiffs faced with depletion of financial resources and possibly dealing with severe injuries, and/or loss of employment, a plaintiff might give up and settle the claim for too little. Another option would be to hold out for just compensation by securing a lawsuit cash advance, known as litigation funding.

Litigation financing is an excellent way to pay funeral expenses, medical expenses, regular monthly bills and other necessary expenses. It also helps to prevent damage to a plaintiff’s credit score. There are no monthly payments to make; we are not a bank. There are no credit checks; your credit history does not matter and you don’t need to prove employment. Best of all, litigation funding is repaid only upon a successful settlement. If the plaintiff does not receive a favorable cash settlement, he/she need not pay back the cash advanced.

In the right situation, for the right plaintiff, litigation funding is clearly a service that plaintiffs and personal injury attorneys should consider at a strategic time in the litigation. Call or visit Litigation Funding Corporation online to learn how we can relieve your financial concerns, prevent you from settling your valuable case for less than it is worth, and continue to provide you with needed assistance throughout the long legal process. We want you to focus on your lawsuit; we want you to obtain full compensation for your injuries, no matter how long it takes.

Plaintiffs Can Breathe Easy With Litigation Funding During a Pending Lawsuit

April 9, 2015

There is not much worse than realizing that an incident during birth caused your child’s serious injury. A birth injury typically occurs because of a complication during the labor or delivery process. Due to the fact that birth injuries often cause oxygen deprivation, many medical malpractice birth injuries lead to serious and even permanent birth defects. During the emotional litigation process, plaintiffs should be able to meet their financial needs, especially in providing care for the child. Litigation Funding Corporation can provide litigation funding without obstacles or risks.

A $17.5 million settlement was recently reached in a birth injury lawsuit involving a boy who was left permanently disable. The plaintiff alleged that the T.J. Samson Community Hospital in Glasgow, Kentucky and the obstetrician were negligent during her labor and delivery of her son, resulting in her son being born with spastic quadriplegia (a form of cerebral palsy). Jurors found the hospital negligent and liable, however, the doctor was cleared of any liability. Despite the evidence and jury award of $18.27 million suggesting medical malpractice, the hospital and its nursing staff admit to no wrongdoing. The plaintiff agreed to settle for $17.5 million. In return, the hospital agreed not to appeal the verdict.

In 2007, the expected mother arrived at the hospital to delivery her son. The doctor ordered Pitocin, a labor induced drug, known to cause complications for many women and newborns. According to the lawsuit, the obstetrician left “standing orders for the administration of the Pitocin,” and informed attending medical staff that the contractions should not exceed more than four contractions within an hour. Additionally, the doctor encouraged a lower epidural dose as a preventative measure, as the mother was having trouble pushing during the final stages of labor. Despite doctor’s orders, evidence revealed that the hospital staff did not follow the doctor’s orders and had the woman exceed the maximum amount contractions per hour for an entire six hours, resulting in oxygen deprivation to the baby’s brain. Additionally, nurses failed to reduce the epidural dose, which allegedly caused the baby to become stuck in the birth canal, also resulting in oxygen deprivation. The child now suffers from spastic quadriplegia, a severe form of cerebral palsy.

Children with spastic quadriplegia usually suffer widespread brain damage or significant brain malformations. Most children with spastic quadriplegia are never able to walk and have trouble speaking and being understood. Additionally, children with this form of cerebral palsy tend to display a floppy neck and severe stiffness in the limbs. They often suffer from frequent seizures that are particularly difficult to manage. The little boy will require life-long care for his disability; his estimated life expectancy is 67 years. These factors may have ultimately contributed to the jury award.

Although the case took nearly eight years to settle, the couple is happy to know their daughter will be provided for their rest of her life.

I don’t know this family’s financial situation, but I would guess that the medical expenses alone left them financially strapped. During this long ordeal, they may have qualified for litigation funding, a non-recourse cash advance against their pending lawsuit. Even if they did not settle and an appeal was filed, litigation funding could have still been an option to alleviate some financial burdens.

The level and expense of care needed for a special needs child are high. While litigation funding cannot solve physical and emotional issues, a lawsuit cash advance can substantially lessen the financial issues. Funding is based solely on the strength of the case; if the case is reviewed and appears to be winnable, the application will likely be approved with funds available within 24 – 48 hours. No money is owed until the case successfully settles at which time repayment is made from the proceeds of the case. If the plaintiff loses the case, repayment is waived completely. The application process is quick and easy by phone or online because we don’t care about credit-worthiness or job history. Most documentation we need to determine case merit is requested from, and provided by, the plaintiffs’ attorney.

If you have filed, or plan to file, a medical malpractice lawsuit and are represented by an attorney, you may be eligible for medical malpractice litigation funding. Litigation Funding Corporation is one of the few litigation financing companies with the expertise to evaluate and provide legal finance for these complicated cases. For a free, no-obligation consultation or funding analysis, contact us online or by phone.

Avoid Financial Disaster and Meet Your Financial Obligations

August 11, 2014

Waiting for your lawsuit settlement money from your case can be financially straining. A lawsuit cash advance can provide plaintiffs with immediate financial relief from money problems.

A dump truck driver slammed into the back of a Nissan Altima stopped at a red light on a New Jersey road. The impact sent the two vehicles through a guardrail and into a lake. When police arrived on scene, they found the dump truck completely on top of the Altima, which was submerged more than two hours before emergency personnel were able to remove it from the water. The driver of the Nissan was pronounced dead at the scene; the driver of the truck was treated at the hospital and released.

Witnesses told police the dump truck driver was traveling at a high rate of speed and driving erratically and a prosecutor alleges the he caused three other accidents earlier the same day. Shortly before noon, the truck driver rear-ended an automobile at a light. In less than three hours, he was involved in a three-vehicle accident in which he was issued a summons for careless driving. Shortly after driving away from that accident, he drove across a lawn causing damage. He has been charged with one count of second-degree death by auto, and was also issued five motor vehicle citations: reckless driving, careless driving, operating a commercial vehicle without a proper license, and failure to observe a traffic signal. An attorney for the negligent truck driver alleges that his client had been recently diagnosed with diabetes and was suffering from erratic blood sugar at the time. An initial review of the toxicology reports shows no sign of drugs or alcohol in his system.

In auto accidents where negligence or wrongdoing is involved, the at-fault driver can be held liable for the injuries, damages and losses. The family of deceased victim can file a wrongful death claim seeking compensation for damages such as funeral and burial expenses, loss of future income, pain and suffering, and loss of love and companionship. Unfortunately, the legal process can take upwards of several months to years before compensation is received. During this time, if they need financial assistance to pay the bills, litigation funding may be the answer.

Insurers will delay the case as long as they can and low-ball a settlement offer so families in financial distress will feel pressure to settle for less than full compensation. Obtaining auto accident litigation funding can neutralize this tactic and provide plaintiffs the ability to pay the bills, and avoid eviction, bankruptcy, and ruined credit.

If you need cash now to relieve the burden and constant worry of waiting for compensation that you are entitled to, turn to litigation funding. With Litigation Funding Corp., there are no upfront fees, no credit checks, and no payments until the case settles; best of all, you keep the money if you lose your case. Our one-page application can be completed in less than five minutes or call one our legal funding specialists. Once received, we will do the rest. We will contact your attorney and get the necessary documents; if approved, we will wire funds directly into your bank account, usually in less than 48 hours. The cash advance can be used for anything you need, but most victims will use it to pay the mortgage or rent, medical expenses, funeral expenses, or ongoing household bills.

Don’t settle for pennies on the dollar; let us provide your litigation financing so litigation can run its course and provide a fair settlement. Call at 1.866.548.3863 now!

Litigation Funding Gives You and Your Family Financial Comfort

April 24, 2014

Being involved in a lawsuit is often an overwhelming and stressful process, both emotionally and financially. It is possible to wait months, even years before the case is fully resolved. The last thing a plaintiff wants to do is worry about medical bills, lost wages from missed work, and daily living expenses. When all resources have been tapped, but the bills are still unpaid, litigation funding can provide financial comfort between when an attorney files the case and a settlement is reached.

Many victims do not follow through with a claim because they do not have the finances withstand a long legal process. Litigation funding can change that as it gives a victim time, financial comfort, and – nothing to lose. Funding can be approved in as little as twenty-four to forty-eight hours, and there is nothing to lose because the cash advance is only repaid once the case settles. It is important to note that litigation funding is not a loan; there is no need to put up assets as collateral and bad credit does not hurt the chances of funding approval. The only factor considered is the strength of the lawsuit.

If you find yourself overwhelmed by mounting medical bills and other expenses while in the midst of a lawsuit, consider litigation funding. Simply complete our online contact form or call our office to apply. If approved, the cash advance can be used for anything – paying the mortgage/rent, auto payments, child care, tuition, medical expenses, groceries, utility bills, and more.

Unsure if litigation funding is right for your case? Call a legal funding professional today. You could be on the road to financial freedom tomorrow.

When Does Litigation Funding Make Sense

May 6, 2013

Mike was seriously injured in an auto accident and unable to return to work. He filed a lawsuit against the negligent driver, but while the case was strong and winnable in court, the defense were denying, defending, and delaying the claim. Until the auto accident, Mike had excellent credit so he was able to apply and receive a traditional bank loan to help pay the medical bills and monthly household expenses. Unfortunately, Mike’s case did not settle as soon as expected and he defaulted on the loan. His car was repossessed and his credit was ruined.

Carol was seriously injured in an auto accident and unable to return to work. She filed a lawsuit, but her case was also being delayed by the defendant. Instead of a traditional bank loan, Carol opted for litigation funding from a legal finance company. This non-recourse cash advance covered her bills for three months, but when her case was delayed she needed to request additional funding. Her case settled three months later; Carol stayed financially afloat and maintained her credit standing.

After repaying the lawsuit cash advance, Carol’s proceeds from the settlement were less than Mike’s, but she was able to keep all bills current and maintain good credit.

While litigation funding is not right for every plaintiff, it can be the answer if the only option is to settle too soon, for too little. Unlike a traditional bank loan, there are no monthly payments, no credit checks, or employment verification. If you fail to make monthly payments, you default on the loan. Once you default, you are at risk of losing whatever collateral you pledged as security for the loan, usually your home. Additionally, you are still obligated to repay the loan. On the other hand, litigation funding is based solely on the merits of the case, plaintiffs who may not qualify for a bank loan or line of credit, may qualify for a lawsuit cash advance. Litigation funding is risk-free; repayment is only made if, and when, the plaintiff successfully settles, whereas a bank loan must always be repaid. Additionally, a lawsuit cash advance never shows up on a credit report.

When you need fast cash and everyone else is saying “No”, contact Litigation Funding Corp. After completing a one-page application, we will request documentation from your attorney to determine if the case has merit. If approved, funding can be available in less than 48 hours. With litigation funding, you have nothing to lose, but much to gain – financial peace of mind and credit intact.

Eleven year old girl bursts into flames in hospital

April 20, 2013

This is a highly unusual case in which a young girl in hospital was the victim of what appeared to be spontaneous combustion.

The world is full of scary things for 11-year-olds, and nothing could be more frightening than quietly painting a wooden box in your hospital room and suddenly bursting into flames. Young Ireland Lane, a cancer survivor, was in hospital, as the result of a head injury. She had done well on her road to recovery, and was just about to be released, but she wanted to paint a small wooden box as a gift for the nurses who took care of her.

In the middle of the project, while her dad looked on, her T-shirt burst into flames. Ireland ran into the hallway screaming in agony, where medical staff was able to put the flames out. Instead of being released from medical care, she was slated for surgery and skin grafts to deal with the third degree burns on her torso, arms, neck and earlobes.
Just prior to the fire, the girl had used hand sanitizer to wipe off the table patients use to roll over their beds to eat. It was a good surface for working on when it came to crafting. Safety experts from the hospital and the Fire Marshal’s office are baffled by the cause of the fire and conjecture that perhaps the hand sanitizer, which has an alcohol-base, was ignited by static electricity. Hospital staff is at a complete loss for an explanation for the fire too.

If the cause was preventable, it would then be incumbent on the hospital to do something about safety procedures. In the meantime, the young girl has numerous operations to face and more recovery time. Her medical bills are going to be sky high. Whether or not the family will choose to file a personal injury lawsuit remains to be seen, largely because the cause of the fire is not known.

If a cause is identified, it may prompt the father to file a lawsuit to recover compensation for her injuries. In order to be able to pay the usual bills and the staggering medical expenses, they may wish to find out more about litigation funding. Lawsuit funding allows the plaintiff the respite of paying off all of their bills while waiting for their case to be resolved.

Litigation funding is for plaintiffs and they may apply for it online, or by calling a reputable firm and asking about the application process for pre-settlement funding. A lawsuit loan helps a financially desperate plaintiff handle all of their expenses while waiting for a trial and because they have funding in the bank, they can turn down any ridiculous offers from an insurance company to settle for less than they may get in court. A lawsuit loan may be the way to go. It’s worth talking to the company to find out how it may suit your situation.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

Steel Coil Pins Worker, Killing Him Instantly

April 1, 2013

A manufacturing plant worker was pinned by a heavy steel coil. He died at the scene.

This was an accident that no one anticipated happening, and could not have predicted, unless plant workers knew something about how the overhead crane was maintained mechanically, or that the steel coils in the warehouse were not stacked properly.

The day started out as usual for Richard Licina, off to work, getting ready for a full day of moving steel coils and then calling it a day. Richard never made it home. One morning in late February, 2013, he was working a 15-ton overhead crane with the goal of moving a large steel coil to another location. The coil he wanted to move weighed 10,000 pounds. While he was lifting the first coil, a second one, weighing 5,000 pounds, slid out of position on the stack, slamming into the worker. The force of the impact crushed him up against another stack of coils.

When emergency response crews arrived on the site, they pronounced Richard dead. He died of massive chest injuries. While the initial reports of this incident state the death was an accident, the police and U.S. Occupational Safety and Health Administration would each conduct an investigation of their own. They would want to know why the second coil shifted out of place and about the maintenance of the crane. They would also want to know if the crane operator was operating his machine while under the influence of a drug or other substance. All possible scenarios would need to be ruled out.

This is a wrongful death, and the man’s family may wish to seek experienced legal counsel to discover if they have a case to take to court. Knowing why the second coil shifted, perhaps due to carelessness on the part of the person who stacked them in the first place, would determine if negligence played a role in Richard’s death. In the meantime, his family would have to cope emotionally and financially with his sudden loss.

If the family does hire a lawyer, they could then contact a litigation funding company for a lawsuit loan. This kind of legal funding is often referred to as pre-settlement funding, and it is an emergency loan made to a qualified plaintiff that lets them handle all their bills while waiting for their case to be settled or go to court. They are not required to jump through any hoops to get the legal funding; they just need to present their case and have it assessed.

If the litigation funding company feels the case stands a chance of winning in court, the loan is approved and sent the fastest way possible to the plaintiff’s bank account. From there, the plaintiff may spend the funds on what they wish, but most pay medical expenses and/or funeral and burial expenses. While this type of funding does not suit all situations, checking into it may make an enormous difference for a financially strapped plaintiff.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

Chimp attack results in $4 million settlement

March 22, 2013

Many Americans recall the story of a chimpanzee that severely mauled a woman, and destroyed her face.
This was a strange case to begin with, involving a chimpanzee that attacked Charla Nash, leaving her terribly disfigured, without hands and facing a long, protracted recovery. As many may recall, she subsequently received a face transplant. The medical bills Nash has racked up over the years since the 2009 attack would be astronomical, with the cost of the face transplant and subsequent rehabilitation reaching into the millions.

Just recently, a $4 million settlement was brokered in this case with the estate of the deceased owner, Sandra Herold. While $4 million sounds like a lot of money, it will be nowhere nearly enough to cover her expenses. For this reason, Nash’s attorney is planning to pursue further civil legal action, by suing the Energy and Environmental Protection Department of Connecticut, for letting Herold keep the chimp. The lawsuit is seeking $150 million in damages and for pain and suffering, among other things.

They may have a good case, as the same chimp escaped his home in 2003 and ran around the neighborhood, terrorizing people. Apparently, the local mayor told Herold to not let him escape again or the animal would be shot. Life went on as usual, until the vicious attack. The chimp was shot at the scene of the mauling.

With the enormous expenses Nash is facing, she may wish to consider applying for litigation funding to help her get through the second pending lawsuit. The process to apply for a lawsuit loan is easy. She just needs a lawyer working on her case, which she already has, and the details of her case. The folks at the litigation funding offices completely understand the pain and anxiety a plaintiff faces when trying to cope with healing and getting on with their lives, while facing staggering medical bills, in addition to usual living expenses.

Applicants for pre-settlement funding do not need to go through a credit check. Do not need to have a job. Do not pay any money upfront to apply, nor do they pay anything on a monthly basis. The case is assessed, approved and the funding sent directly to the plaintiff’s bank account. From there, the victim may use the funds for anything, but most pay medical expenses. Having the lawsuit loan in the bank allows the plaintiff the peace of mind of being able to cope financially and being able to turn down insurance companies looking to settle on the cheap.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

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