North Carolina Personal Injury Lawsuit: Charlotte Woman Who Lost Her Breasts and an Arm in Propeller Accident Sues For Damages

January 25, 2012, by Michael A. DeMayo

Deondra Scott, a Charlotte woman who lost her breasts and an arm in a boating accident last summer, is seeking North Carolina products liability and personal injury damages. Scott was seriously injured when a boat propeller struck her during the popular Lake Bash event on Lake Norman, which is bordered by the counties of Iredell, Catawba, Mecklenburg, and Lincoln border Lake Norman.

The 25-year-old claims that while in the water the boat’s propeller hit her twice. In her North Carolina boating accident lawsuit she is suing Dennis F. Allen, David D. Orzolek, and Chaparral Boats Inc.

Scott contends that Allen, who was the boat’s operator, never drove a motorboat prior to that day and he lacked the skill to safely navigate one in a crowded, public area. She says that the propeller hit her as Allen was trying to tie it to another vessel and he still had the engine running.

Allen and Scott had come with a group of friends to the Lake Bash event. According to her North Carolina personal injury lawsuit, people shouted at him to turn off the engine but he “panicked,” redirecting the boat into reverse and causing the propeller to hit her. He then placed the boat’s gear in forward and that was when the propeller to hit her a second time.

Scott is also suing Orzolek, who is the person that Allen rented the boat from, and Chaparral Boats, the company that designed, made, and marketed the vessel. She contends that Orzolek should have known that Allen lacked the experience to safely operate the motorboat and shouldn’t have allowed him to rent the vessel. She believes that Orzolek could/should have done more to enforce appropriate safety procedures to renters.

Scott is seeking North Carolina products liability damages from Chaparral Boats. She is accusing the boat manufacturer of continuing to sell the boat even though its design isn’t safe. Scott says that designing the boat so that seven people end up seated behind the boat operator can obstruct the latter’s view. Also, she claims that the ladder and platform are located just a few feet from the propeller and the vessel came with inadequate warning signs about possible dangers, as well as lighting that wasn’t bright enough.

Scott sustained such severe injuries that she had to have her breasts and an arm amputated. She also suffered a severed sternum, lacerations on her legs, and punctured a lung. She says the accident has left her with serious psychological and emotional problems, medical expenses, permanent injury, scarring, limb loss, lost wages, and other damages.

Boat operators and boating companies must exercise caution so that they don’t end up running over swimmers or striking them with their propellers. Unfortunately, accidents do happen, and serious injuries can happen that may prove fatal. You may have grounds for a Charlotte, North Carolina personal injury case.

Read the Complaint (PDF)

More Blog Posts:
Families of Two Parasailing Victims Killed in Ocean Isle Beach Sue for North Carolina Wrongful Death, North Carolina Injury Lawyer Blog, June 25, 2010 

Preventing North Carolina Drowning Accidents: CPSC’s Pool and Spa Drain Cover Recall a Reminder that Entrapment Can Lead to Serious Injuries and Deaths, North Carolina Injury Lawyer Blog, June 6, 2011

Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Bathrobes, North Carolina Injury Lawyer Blog, November 6, 2009

North Carolina Workplace Shooting at Lumber Company Results in Three Deaths and One Injury

January 16, 2012, by Michael A. DeMayo

A shooting at the McBride Lumber Co. claimed the lives of three people, injured another, and ended with the gunman putting a bullet in his head. The latter two remain in critical condition.

The North Carolina shooting incident happened on Friday in Montgomery County. All five people involved work at the lumber company.

According to Sheriff Dempsey Owens, there is a possibility that the shooter, Ronald Dean Davis, 50, may have been the target of harassment on the job. However, this theory has not been verified.

The victims who died are Jose Galdino Lopez Izquierdo, 25, Daniel Thomas Davis, 32, and a third person. Florentino Tellez Aparicio, 21, is still being treated at UNC hospitals.

North Carolina Workers’ Compensation

Employees injured while doing their job are entitled to North Carolina workers’ compensation benefits. Fault doesn’t have to be a factor for an employer to have to pay these benefits. That said, employers are still responsible for creating a safe, non-hostile environment that is free of any hazards or dangers that could cause serious injuries or deaths. Victims and their families also may have grounds for filing third party lawsuits against liable third persons or entities. You generally cannot sue the employer for North Carolina personal injury or wrongful death. For loved ones who have lost someone who was injured in a work incident, you should be entitled to death benefits from the employer’s insurer.

Friday’s incident is not the only shooting to recently occur at a North Carolina workplace. Charlotte-Mecklenburg police are searching for two men in connection with a robbery and the shooting death of Fast Wok restaurant employee Edward Rosen. The 52-year-old was fatally shot while working at the Charlotte, North Carolina restaurant earlier this month.

Of course, who can forget the deadly North Carolina shooting rampage that took place in 2009 when Robert Stewart stormed into the Pinelake Health and Rehabilitation Center and shot 11 people. 8 of his victim, one nurse and seven elderly residents, died.

Stewart was reportedly targeting his wife.  Last year, a jury convicted him of second-degree murder. He will spend the rest of his life in prison. North Carolina wrongful death lawsuits have already been filed over the catastrophic shooting.

Unfortunately, insurance companies can try to delay or reject your claim for North Carolina workers’ compensation or survivor benefits. To make sure that you receive the benefits that you are owed in a timely manner, you should speak with an experienced Charlotte, North Carolina personal injury law firm that handles work comp cases.

The Law Offices of Michael A. DeMayo represents clients in the North Carolina counties of Iredell, Gaston, Mecklenburg, Stanly, Catawba, Alexander, Cabarrus, Rowan, Union, Burke, Lincoln,  Scotland, Robeson, Anson, Cleveland, Richmond, Caldwell, and Cumberland and the South Carolina counties of Lancaster, York, Marlboro, Chesterfield, and Dillon.

Victims of Star Shooting Spree Identified, North Carolina, WRAL, January 17, 2012

Chinese restaurant worker shot, killed during robbery in Charlotte, January 15, 2012

3 Killed in North Carolina workplace shooting, January 13, 2012

More Blog Posts:

North Carolina Nursing Home Shooting Rampage: Man Found Guilty of Second-Degree Murder, North Carolina Injury Lawyer Blog, September 12, 2011

North Carolina Workers’ Compensation Lessons: Getting over the Fear of Asking for Help, North Carolina Injury Lawyer Blog, January 14, 2012

North Carolina Wrongful Death Lawsuit Seeks Damages from Four Asheville Bars Over Fatal Car Crash, North Carolina Injury Lawyer Blog, October 16, 2011

 

Johnson & Johnson and 32 Other Transvaginal Mesh Manufacturers Ordered by FDA to Study Complication Rates

January 12, 2012, by Michael A. DeMayo

The Food and Drug Administration wants 33 manufacturers of transvaginal mesh products to study the rates of health complications, including organ damage, linked to these medical devices. The mandate comes six months after the federal agency reported a fivefold increase in injuries, deaths, and malfunctions related to vaginal mesh implants. The FDA has said that it so far has been unable to verify whether transvaginal mesh provides greater benefits than more traditional devices used to treat stress urinary incontinence and pelvic organ prolapse.  In fact, the federal agency has warned that mesh implants have been linked to pain during sex, bleeding, infection, severe pain, pelvic perforation, urinary tract erosion, perineal cellulitis, and organ perforation. If you or someone you love suffered health complications from transvaginal mesh, do not hesitate to contact our Charlotte, North Carolina defective medical device lawyers today.

CR Bard Inc., Endo Pharmaceuticals Holding Inc., and Johnson & Johnson, Boston Scientific are just a handful of the companies that the FDA has contacted. The federal regulator wants each manufacturer to gather data about potential complications and the outcomes of various transvaginal procedures and conduct trials on effectiveness and safety for three years. The FDA’s letters, which were sent out earlier this week, are calling for the studies to look into devices that are already available for use. Consumers, however, want mesh products that haven’t entered the market to be studied before they are released.

Currently, under the FDA’s 510(k) system, new mesh products that are similar to devices the federal agency has already approved don’t have to undergo human testing to receive their approval. Many of the transvaginal mesh implants that are currently in use can trace their approvals back to the Boston Scientific Corp. mesh (that was recalled in 1999.)

Transvaginal mesh devices have been blamed in over 650 products liability lawsuits against manufacturers. In 2010 alone, nearly 300,000 synthetic mesh products were implanted in women in the US.

Between 2008 and 2010 alone, the FDA was notified of 1,503 adverse occurrences related to mesh used in POP procedures—that’s 5 times more than the number of reports it received during the previous two years. It doesn’t help that for many of the women who experience transvaginal mesh complications they continued to experience ongoing pain afterwards. Additional surgeries to remove the medical device may have been required. (In some cases, the mesh can get so tangled up in scar tissue that it has to stay in the body.)

Our Charlotte, North Carolina transvaginal mesh lawyers know how devastating it can be to sustain injuries or health issues because a medical device failed and/or because of complications that you should’ve been warned about before you underwent the procedure.

J & J, CR Bard Must Study Safety of Vaginal Mesh, FDA says, Bloomberg, January 5, 2011

FDA warns against surgical mesh to repair pelvic problems, Boston.com, July 13, 2011

FDA Public Health Notification: Serious Complications Associated with Transvaginal Placement of Surgical Mesh in Repair of Pelvic Organ Prolapse and Stress Urinary Incontinence, FDA, July 13, 2011

More Blog Posts:

North Carolina Defective Medical Device?: FDA Warns of Serious Complications from Using Transvaginal Mesh to Repair Pelvic Problems, North Carolina Injury Lawyer Blog, July 27, 2011

FDA Study Finds that Metal-on-Metal Hip Implants Don’t Offer A Lot More Advantages Than More Traditional Devices, North Carolina Injury Lawyer Blog, December 29, 2011

Protecting Americans from Defective Medical Devices: Is the FDA Doing Enough?, North Carolina Injury Lawyer Blog, February 18, 2011


Deadline for North Carolina and South Carolina High School Students to Enter the Michael A. DeMayo Scholarship Program is February 27, 2012

January 4, 2012, by Michael A. DeMayo

High school seniors in South Carolina and North Carolina that want to be considered for a $2,500 college scholarship have until February 27 to submit their application to The Michael A. DeMayo Scholarship Program.

Our North Carolina personal injury law firm has been proud to help students make their dream of higher education a reality since 2003.

Last year, a record number of creative and intelligent young applicants sent their impressive presentations and applications to us. It is clear that there are many young people out there that are just as passionate as we are about the need to stop teens from driving drunk.

Participants must fill out an application form, as well as turn in a presentation that encourages other teenagers to refrain from drinking while driving. Letters of recommendation, your high school transcript, a list of your volunteer activities, and details of any school and community involvement are also required. 15 scholarship recipients will receive $2,500 from our Charlotte, North Carolina personal injury law firm.

The Michael A. DeMayo Scholarship Program is open to seniors studying in the North Carolina counties of Gaston, Mecklenburg, Union, Catawba, Cleveland, Cabarrus, Rowan, Lincoln, Stanly, Caldwell, Alexander, Iredell, Robeson, Burke, Richmond, Scotland, Cumberland, and Anson, as well as the South Carolina counties of Chesterfield, Lancaster, York, Dillon, and Marlboro.

Visit The Law Offices of Michael A. DeMayo online for more information and/or download an application.  You can also “Like” us on Facebook. For more information, contact Kristine Woolley at kwoolley@demayolaw.com or you can call her at (704) 343-4644.

Teenagers and Drunk Driving

With traffic crashes continuing to be the leading cause of deaths among young drivers in the 15-20 age group, it is imperative that teenagers continue be made aware of how dangerous it is to drive while intoxicated. Not only is it illegal for anyone under 21 to consume alcohol, but also drinking dramatically increases the chances of a South Carolina/North Carolina car crash. Combine inebriation with driver inexperience, youth, speeding, failure to wear seat belts, loud music, other teens in the car, drug use, and cell phone use or text messaging while driving, and you have a deadly combination.

Our North Carolina personal injury law firm supports young people in empowering themselves and their fellow teens to drive sober. Our hope is that together, we can educate teens while saving lives.

The Law Offices of Michael A. DeMayo represents victims of South Carolina/North Carolina truck accident, car crashes, bus collisions, motorcycle accidents, bicycle accidents, and pedestrian accidents. We help our clients and their families recover personal injury and wrongful death compensation from all liable parties.

To schedule your free case evaluation, contact our North Carolina injury law firm today.

“Like” The Law Offices of Michael A. DeMayo on Facebook

Download a Scholarship Application 

 

More Blog Posts: 

Obtaining North Carolina Dog Bite Compensation is More Challenging Without Legal Help

December 31, 2011, by Michael A. DeMayo

Our Charlotte, North Carolina personal injury law firm represents victims who were injured in dog attacks. Because the state has a one-bite rule, it can be tough to get compensation if you were the first person that the dog attacked. This doesn’t, however, mean that your claim is not valid or that you can’t obtain recovery. Working with a North Carolina dog bite lawyer will increase your chances for recovery. Also, there are exceptions to the one-bite rule if:

  • The dog is over six months old
  • The owner purposely allowed the dog to run “at large”
  • The attack occurred at night

The state has a strict liability clause that says a dog owner of a dangerous (or potentially dangerous) canine is liable for civil damages when severe personal injury or property damage results. A dangerous dog is one that has caused serious injury or killed a person without provocation. A potentially dangerous dog is one that has inflicted a bite injury on a human that resulted in disfiguring lacerations or broken bones, caused severe injury or killed a domestic animal, or gone after someone in a vicious way when not on the owner’s property.

At the Law Offices of Michael A. DeMayo, LLP, we know how traumatic a dog bite can be. We are also familiar with the serious injuries that can result. Our Charlotte, North Carolina dog attack lawyers are committed to helping our clients recoup the compensation they are owed.

Factors contributing to whether a dog may bite someone:

  • The breed of the dog
  • The characteristics of the dog’s parents
  • How poorly/well the dog has been socialized
  • The quality of dog training received
  • The dog’s health (a sick or injured dog may be more likely to bite)
  • The behavior of the victim

Examples of dog bite injuries:

  • Punctures
  • Crush injuries
  • Abrasions
  • Tissue damage
  • Bone fractures
  • Scars
  • Rabies
  • Capnocytophaga canimorsus infection
  • Cellulitis
  • Scarring
  • Facial disfigurement
  • Sprains

You may be entitled to compensation for lost wages, pain and suffering, medical costs, permanent disability, permanent scarring, loss of enjoyment of life, wrongful death, and other damages. Our Charlotte, North Carolina injury law firm is also familiar with the emotional and psychological trauma that can result from being attacked by an animal.

The sooner you explore the legal options the better for you. There is no reason why you should have to shoulder the costs of someone else’s negligent actions.

To request your free case evaluation, contact us via our Web site or call 1-877-529-1222. The Law Offices of Michael A. Demayo, LLP has recovered over $275M for our clients and their families. We are here to protect accident victims and get them the compensation they need so that they can rebuild their lives.

Union County, North Carolina Dog Bite Lawsuit Blames School Staff for Incident on Playground, North Carolina Injury Lawyer Blog, August 31, 2011

Waxhaw Pit Bull Attack Leaves 5-Year-Old Dead and Her Grandmother with Serious Injuries, North Carolina Injury Lawyer Blog, December 1, 2010

Eye Complications Can Develop in Children Suffering from North Carolina Dog Bite Injuries to the Face, North Carolina Injury Lawyer Blog, October 29, 2010