February 2010

Raleigh Personal Injury Lawsuit Filed by Man with Cerebral Palsy Alleges North Carolina Police Brutality

February 27, 2010, by Michael A. DeMayo

Charles Payne is suing the city of Raleigh and its Police Department for North Carolina police brutality. The 34-year-old plaintiff, who has cerebral palsy, says an off-duty and a bouncer assaulted and kicked him outside the Pourch/The Bassment on August 8, 2008.

Payne claims that they thought he was inebriated and tried to arrest him for resisting arrest and second-degree trespassing. The police officer tried to handcuff Payne but failed to do so because the plaintiff has limited mobility.

Payne contends that two on-duty cops joined in the assault and that one of them referred to him as a “drunk autistic kid.” Blood alcohol tests would go on to confirm that Payne did not have alcohol in his system.

Payne was arrested, but the charges against him were eventually dismissed.

Payne is claiming serious emotional and physical consequences as a result of the alleged assault. He has also named the Raleigh bar as a North Carolina injury defendant.

North Carolina Police Brutality
Excessive use of force by a police officer acting under the guise of upholding the law is wrong, a crime, and can be grounds for a North Carolina police brutality lawsuit. Police violence violates the victim’s rights and can cause serious injury.

Unfortunately, there are cops in North Carolina who use their job to inflict harm upon others. Verbal abuse, physical abuse, sexual assault, physical assault, fatal shootings, intimidation, and blackmail are examples of police brutality. Often, the victims are too scared to report the incident. Even if the offending police officer isn’t charged with a crime in criminal court, you may be owed Raleigh injury compensation.

Three Raleigh police officers named in lawsuit, WRAL, February 24, 2010

Read Payne’s North Carolina Injury Complaint (PDF)

Related Web Resources:
City of Raleigh: Police

Police Brutality, Human Rights Watch

American Academy of Pediatrics Want Warning Labels on Food that Pose a Child Choking Hazard

February 24, 2010, by Michael A. DeMayo

The American Academy of Pediatrics is reporting that every five days, at least one child in the US dies from choking accidents involving food. Now, the academy is calling on food manufacturers and the federal government to put into place a food labeling system that would warn parents that the food is a choking hazard.

The academy says choking is the number one cause of fatality among kids younger than age 15, with kids under age 5 at highest risk of choking. One reason for this is that kids in this age group don’t have all of their teeth. This can make it hard for them to grind the food down enough that they can easily swallow.

More Kid Choking Accident Facts:

• Over 10,000 kids end up in the emergency room every year because of choking accidents involving food.

• A 2002 Centers for Disease Control and Prevention Study reports that about 100 kids a year die from food-related choking accidents.

• HealthyChildren.org, a Web site powered by pediatricians, says food is the most common cause of child choking injuries.

Food that is small enough to enter a child’s throat yet large enough to get stuck their, blocking the airway, can cause oxygen deprivation. If not alleviated quickly enough the obstruction can lead to a traumatic brain injury and even death.

Some foods that pose a high choking hazard risk include:

• Apples
• Peanuts
• Grapes
• Raw carrots
• Hot dogs. Considered by some pediatricians as the number one food choking hazard
• Certain candies

If your son or daughter was injured or died because of a food choking accident that the manufacturer could have prevented by designing/packaging their food product in a safer form or warning parents that about the choking hazard, you may have grounds for filing a Charlotte, North Carolina injuries to children lawsuit.

Pediatricians call for a choke-proof hot dog, USA Today, February 22, 2010

Labels urged for foods that can choke kids, CNN, February 22, 2010

Related Web Resources:
Choking Episodes Among Children, CDC

Food choking hazards and children: What parents need to know, Consumer Reports

Chatham Retirement Home Sued in North Carolina Wrongful Death Lawsuits Filed Over Fatal Elder Abuse Beatings

February 17, 2010, by Michael A. DeMayo

The families of Margaret Murta and Mary Corcoran have filed North Carolina wrongful death lawsuits against Galloway Ridge, the upscale retirement home where the two women lived. Corcoran, 82 and Murta, 92, were murdered by their housekeeper at the Chatham community in December 2007. Police say Barbara Turrentine Clark showered the two women with pepper spray and beat them with a cane during a disagreement over forged checks.

In October 2008, the 42-year-old housekeeper pleaded guilty to one count of assault with a deadly weapon with intent to kill and two counts of first-degree murder. She was sentenced to consecutive lifetime prison sentences.

The Chatham County, North Carolina wrongful death lawsuits accuse Galloway Ridge of failing to properly protect its residents. They contend that the retirement community failed to check Clark’s criminal background before bringing her on as a housekeeper.

The housekeeper had engaged in financial elder abuse before working at Galloway Ridge. Clark pleaded guilty in 2007 to check forgery. In 2001, she pleaded guilty to stealing from an elderly person in Durham. She had been ordered to not work in jobs that allowed her access to older persons and their assets.

Assisted living facilities and retirement centers can be held liable for North Carolina nursing home negligence, premises liability, or personal injury if their neglectful or careless acts contributed to causing a resident’s injuries or death.

Financial Elder Abuse
Financial elder abuse is a crime and you can file a North Carolina elder abuse lawsuit if you or someone you love is a victim. Signs of possible elder financial abuse:

• Sudden changes to an elderly person’s will
• Sudden transfer of property ownership
• Elderly person becomes broke unexpectedly
• Unusual checking account or credit card activity
• Elderly person can no longer pay for living expenses

Suit filed in beating deaths at Chatham retirement community, WRAL, February 10, 2010

Related Web Resources:
Financial Abuse, National Committee for the Prevention of Elder Abuse

Galloway Ridge

Deceased Chapel Hill High School Football Player's Family Claims Paramedic Malpractice in Their North Carolina Wrongful Death Lawsuit

February 9, 2010, by Michael A. DeMayo

The family of Atlas Fraley has filed a North Carolina wrongful death lawsuit alleging medical malpractice. Fraley, 17, called 911 on August 12, 2008 because he was experiencing cramping and dehydration after participated in a football scrimmage earlier that morning. Fraley was a student at Chapel Hill High School.

Paramedic James Griffin arrived at the scene. Orange County, EMS records note that the medical worker gave the teenager Gatorade and water before leaving him alone. By the time Fraley’s parents, Malinda and David, arrived home several hours later, their son was already dead. Autopsy findings indicate that Fraley may have suffered a fatal heart attack. The Fraleys’ North Carolina wrongful death complaint accuses Griffin, Orange County Emergency Services, and the County of Orange of failing to provide their son with the proper emergency medical care that could have saved his life.

Griffin has resigned from his job. According to an internal probe conducted by Orange County, the former paramedic neglected to: take the teenager’s vital signs, check his temperature, advise him regarding when to see a doctor, take him to a medical facility where he could be treated for hyperthermia, call the boy’s parents, consult with a doctor, and fully document the medical exam he gave the boy. Griffin claims he tried to call Fraley’s parents, but there are no records of the call being made.

Paramedic Malpractice
EMS workers, like all medical professionals, are expected to provide patients with a certain level of care. People contact 911 for medical help because they are experiencing a health emergency. When failure to provide the proper medical care results in injuries, illness, or death, the victim may have grounds for filing a North Carolina medical malpractice complaint.

Paramedic errors have included:

• Failure to transport patient to hospital in a timely manner
• Wrong diagnosis
• Late ambulance arrival
• Failing to proper treatment/evaluation protocol
• Administering the wrong medication
• Improper medical care
• Other medical mistakes

Parents sue in player’s death, NewsObserver.com, February 7, 2010

Chapel Hill schools investigating football player’s death, WRAL, August 15, 2008

Related Web Resources:
Orange County, NC Emergency Management Services

Chapel Hill High School

Winston-Salem Man Plans to File Dangerous Drug Lawsuit Against GlaxoSmithKline Over Poligrip-Related Injuries

February 2, 2010, by Michael A. DeMayo

A Winston-Salem man says he is going to sue GlaxoSmithKline for North Carolina personal injuries that he claims he sustained from using Poligrip. Johnny Howell, 53, says he started exhibiting signs of zinc poisoning in 2004, 15 years after he started using the denture cream.

It wasn’t until last year that Howell found out what was causing his disease. He says that even after receiving treatment for his condition, he has problems walking and experiences weakness and numbness in his legs. Due to a number of fall accidents, Howell broke an ankle and a rib. He must now use a walker and is unable to drive. Howell also lost his job working as a mechanic and receives disability.

While humans need zinc, too much of it can lead to calcium deficiencies, bone loss, anemia, and nerve damage, which can become permanent if excessive consumption of zinc goes on for too long. Howell is not the only person who has sustained injuries from using denture cream. There are dozens of people who say their nerve damage was caused by using Poligrip or Fixodent, which is made by Proctor & Gamble. Considering that about 40 million Americans use adhesives to keep their dentures in place, the health risk link is cause for concern.

Although the American Dental Association says it doesn’t know of any cases confirming that nerve damage is caused by dental glue, an article published in “Neurology” in 2008 linked high levels of zinc in Super Poligrip to “profound neurological disease” in patients that were examined.

GlaxoSmithKline just recently started including a warning with its Super Poligrip denture cream noting that too much zinc may cause health issues. Newsinferno.com reports that there are already scores of people that have been damaged by using denture creams and have filed their dangerous drug lawsuits.

Dangerous Drug Lawsuits
Drug manufacturers are supposed to make products that are safe for people to use. When an over-the-counter product or a prescription drug leads to dangerous side effects that a pharmaceutical company failed to warn against, those who were injured as a result may be able to obtain personal injury damages by filing a North Carolina dangerous drug lawsuit.

Zinc in denture adhesives blamed for nerve damage, Reporter News, January 18, 2010

North Carolina Man Says Poligrip Left Him Disabled, Plans Lawsuit, NewsInferno, February 3, 2010

Related Web Resources:
Poligrip, GlaxoSmithKline

Zinc poisoning, Medline Plus

American Dental Association


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