On behalf of Walkup, Melodia, Kelly & Schoenberger posted in Pedestrian Accidents on Wednesday, May 16, 2012
San Francisco residents were outraged after the recent death of an elderly San Francisco pedestrian who was struck by a cyclist on Castro Street. The cyclist, who will likely face criminal charges and a wrongful death lawsuit, sparked an intense debate about pedestrian safety and the increase of aggressive cyclists on area roads.
MUNI bus accidents in San Francisco also draw considerable public attention but the San Francisco Examiner notes that car accidents involving passenger vehicles go virtually unnoticed by the public.
On behalf of Walkup, Melodia, Kelly & Schoenberger posted in Product Liability on Monday, May 14, 2012
Pharmaceutical giant Johnson & Johnson may have to pay over $1.8 billion to settle claims related to its marketing of its blockbuster antipsychotic drug Risperdal. The drug was once Johnson & Johnson's best-selling drug, generating over $24 billion in 2003.
Risperdal was approved by the Food and Drug Administration to treat psychotic disorders, but the company sold the drug to treat other ailments which often resulted in significant patient harm. Many Risperdal users have since filed lawsuits regarding the dangerous pharmaceutical product's off-label use and several states initiated civil litigation regarding the drug's off-label marketing.
On behalf of Walkup, Melodia, Kelly & Schoenberger posted in Product Liability on Friday, May 11, 2012
Federal safety regulators have begun a probe into a possible bus defect which may have contributed to several serious recent bus accidents. Bus accidents are among the most serious types of traffic incidents in California and seriously many people every year.
The federal probe started when the National Highway Traffic Safety Administration received a complaint filed by the parent company of Greyhound bus lines. The complaint alleges that several Greyhound buses made by Motor Coach Industries Inc. had defective drive shafts. The shafts were reportedly not properly held up by safety hooks, which could cause the drive shaft to fall out of place and result in a bus driver losing control while driving.
On behalf of Walkup, Melodia, Kelly & Schoenberger posted in Walkup News on Wednesday, May 9, 2012
San Francisco Trial Lawyer Michael A. Kelly was recently elected by the International Society of Barristers as their 2012-2013 President. The International Society of Barristers is one of the three most selective legal honor societies for litigators and has a membership that consists of some of the most elite trial attorneys in the world. Kelly has belonged to the organization since 1999, and previously served as its Northern California membership chair.
Kelly is a partner at the downtown San Francisco law firm of Walkup, Melodia, Kelly and Schoenberger and focuses his practice on complex personal injury and wrongful death litigation. He has litigated many high-profile national mass tort cases involving failing medical devices, defective products and dangerous pharmaceuticals. Currently, Kelly serves as co-lead counsel in the California Judicial Counsel Coordinated Proceedings arising from the Johnson and Johnson /DePuy hip recall.
On behalf of Walkup, Melodia, Kelly & Schoenberger posted in Medical malpractice on Monday, May 7, 2012
A new transparent approach to medical malpractice claims management pioneered by the University of Michigan Health System was recently adopted by seven major Massachusetts hospitals. The UMHS approach is called the "Michigan Claims Management Model" and has been recognized as an effective way of helping improve patient safety and addressing unanticipated adverse medical outcomes in a non-adversarial way.
The Michigan Model also marks an important shift away from the "deny and defend" strategy used by most hospitals in California and across the country.
On behalf of Walkup, Melodia, Kelly & Schoenberger posted in Car Accidents on Friday, May 4, 2012
Almost a dozen cars were involved in a serious truck accident in Alameda County late Sunday. Truck accidents are among the most serious types of accidents in the Bay Area because the greater size of a truck makes it more likely that car passengers will suffer catastrophic injuries. The cargo of some trucks could also exacerbate the seriousness of a crash.
The truck involved in the Highway 680 crash was carrying hazardous materials including several highly flammable chemicals used in the production of semiconductors and batteries. These chemicals can catch on fire when exposed to air but fortunately the chemicals were not released during the crash. About 100 gallons of diesel fuel were spilled during the crash however and it took emergency crews about nine hours to reopen the road.
On behalf of Walkup, Melodia, Kelly & Schoenberger posted in Car Accidents on Wednesday, May 2, 2012
Grey's Anatomy actor Patrick Dempsey recently took on a new role: car accident hero. The actor was reportedly in his Malibu home when a 17-year-old driver lost control of his Fort Mustang. The teen's Mustang flipped several times and landed in the actor's front yard.
Dempsey rushed to the teen's aid with a crowbar and fire extinguisher and pulled the teen from the wreck as he was losing consciousness. The actor then called emergency crews and tended to the teen until paramedics arrived.
On behalf of Walkup, Melodia, Kelly & Schoenberger posted in Pedestrian Accidents on Monday, April 30, 2012
A San Francisco cyclist may face felony charges for causing the wrongful death of an elderly pedestrian in the Castro District last month. Authorities say that the 35-year-old cyclist was speeding through the city streets in a grossly negligent manner at the time of the accident.
"I think the evidence is very strong," an inside source from the District Attorney's Office told the San Francisco Chronicle.
On behalf of Walkup, Melodia, Kelly & Schoenberger posted in Car Accidents on Saturday, April 28, 2012
California State Senator Ron Calderon recently introduced a bill that would offer a $100 reward for anyone whose report of a drunk driver leads to a conviction. This is just one of many active drunk driving prevention initiatives throughout the state aimed to curb the number of drunk driving accidents.
"Even though alcohol related crashes are down dramatically, there are still far too many drunken driving accidents that affect the lives of so many," the lawmaker said.
On behalf of Walkup, Melodia, Kelly & Schoenberger posted in Defective Medical Devices on Friday, April 27, 2012
Before DePuy Orthopaedics, Inc. recalled the ASR model artificial hip in August 2010, Dr. Thomas P. Schmalzried of the Joint Replacement Institute in Los Angeles, the self-proclaimed "lead surgeon designer" of the heavily-marketed metal-on-metal device, extolled the ASR as superior to other artificial hips and he encouraged fellow orthopedic surgeons to implant the ASR in their younger, active patients.
Recently, however, Dr. Schmalzried announced at a national meeting that all ASR patients are at increased risk for complications, including those who are "pain free." He recommends that they be assessed and monitored for as long as the device remains in their bodies. He made these comments in February 2012 at the annual conference of the American Academy of Orthopedic Surgeons (AAOS) in San Francisco.
