Archive for March, 2009

A 45-year-old man burst in to a Carthage, North Carolina nursing home Sunday morning and went on a shooting spree killing 8 and wounding 3.  Preliminary reports say that Robert Stewart, 45, shot and killed 7 residents and one nurse and wounded three others, including a Carthage police officer responding to the emergency at Pine Lake Health and Rehab.

Authorities said Stewart began his rampage around 10 a.m. at Pinelake Health and Rehab in the North Carolina Sandhills, firing shots inside and outside the home. It ended when Officer Justin Garner traded gunfire with Stewart in a hallway, wounding the suspect.

By late Sunday afternoon, Moore County District Attorney Maureen Krueger had charged Stewart, of Moore County, with eight counts of first-degree murder and a single charge of felony assault of a law enforcement officer.

Pitman, Kyle & Sicula, S.C. is a Wisconsin law firm with a devoted nursing home abuse practice.  Our nursing home abuse and neglect trial team has successfully represented abused and neglected nursing home residents in almost every county.  We know Wisconsin.

The Georgia Nut Company has recalled bulk wholesale and retail products containing shelled pistachio nuts because they may be tainted with Salmonella. The recall effects two Milwaukee-area stores, Not Just Nuts in Wauwatosa and Georgia Nut’s Chocolate House in Greenfield.

According to the company, this recall is not related to the recent recall of peanut and peanut butter products. Conusmers should not eat the recalled product and return any items purchased for a replacement or refund.

The recall includes the following products:

• Deluxe Mixed Nuts purchased at Not Just Nuts store in Wauwatosa from Dec. 5, 2008, through March 24, 2009.
• Deluxe Mixed Nuts purchased at Georgia Nut’s Chocolate House in Greenfield and through their website from Dec. 11, 2008, through March 23, 2009
• Dry Roasted Shelled Pistachios purchased at Georgia Nut’s Chocolate House and through their website from Dec 3, 2008, through March 23, 2009

According to the Centers for Disease Control and Prevention website, Salmonellosis is an infection with bacteria called Salmonella. Most persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. The illness usually lasts 4 to 7 days, and most persons recover without treatment.

However, in some persons, the diarrhea may be so severe that the patient needs to be hospitalized. In these patients, the Salmonella infection may spread from the intestines to the blood stream, and then to other body sites and can cause death unless the person is treated promptly with antibiotics. The elderly, infants, and those with impaired immune systems are more likely to have a severe illness.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling faulty product cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The Wisconsin State Journal recently published an article unveiling a scam designed to target the elderly at this time of year. Apparently, scam artists are using Spring Break as a means to “Scam-a-Grandma.”

Scam artists pose as grandchildren in need of emergency help a.k.a. money. They call up the elderly person and begin with the simple phrase, “Hi Grandma, it’s me.” Once the grandma or grandpa says something like, “John, is that you?”, the scammer is in and creates an emergency situation in which they need cash and fast.

The following is an example of a scam that appeared in the article written by George Hesselberg (03-24-09)

Officials were alerted to the latest attempt by Daryll Lund, of Community Bankers of Wisconsin.

The customer of a bank in Dane County received three calls from her “grandson,” and when she came in to the bank for a third withdrawal — after explaining in two earlier visits she was “gifting” her grandchildren $5,000 each time, the bank staff “did not feel comfortable.” The customer was tracked to a Wal-Mart where a $10,000 money order was being purchased. She was certain a grandson had called, but the Wal-Mart manager would not put the third wired money order through, so the customer brought the money back to the bank, Lund said. Total lost: $10,000. The grandson was not on spring break and was not in a car crash, Lund said.

Pitman, Kyle & Sicula, S.C. is a Wisconsin law firm with a devoted nursing home abuse practice.  Our nursing home abuse and neglect trial team has successfully represented abused and neglected nursing home residents in almost every county.  We know Wisconsin.

Attorney Rich Kalkhoff won a $275,000 verdict on behalf of a Wauwatosa man who was injured in a Milwaukee County auto accident in July of 2005.

Joe Cerniglia, 39, stopped at the traffic light at N. 68th Street and W. Bluemound Road in Wauwatosa. While he waited, another vehicle pulled up next to him on the left, to use the left turn lane.

When the light turned green, the vehicle to his left pulled forward with him, blocking his view of the traffic to his left. Witnessing the defendant run the red light, the vehicle to Cerniglia’s left stopped abruptly, leaving Cerniglia’s vehicle exposed while in the path of the oncoming defendant.

The heavy impact caused Cerniglia to suffer a head and shoulder injury.

Although Cerniglia would recover from the head injury, the injury to his shoulder began to interfere with his job as a self-employed painter.

Unable to hold his arms above his head for extended periods of time, Cerniglia was forced to quit his job for a period of time.

With medical bills mounting and the defendant’s insurance refusing to pay his claim, attorney Kalkhoff took Cerniglia’s case to trial.

During the trial, the defense counsel argued that Cerniglia was the one who was at fault and that his injuries were consistent with his job as a painter. However, using the testimony of an orthopaedic surgeon, attorney Kalkhoff was able to prove that Mr. Cerniglia’s injuries were, in fact, a direct result of the accident.

At the conclusion of the two-and-a-half-day trial, the jury rejected the defense arguments and awarded Mr. Cerniglia with a verdict of $275,000. The verdict was more than twice as much as offered by the insurance company right before the trial.

The case was tried in the courtroom of the Honorable Dennis P. Moroney in Milwaukee County.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling car accident cases through out the state.  Our Wisconsin injury attorneys have successfully represented injured people in almost every county. We know Wisconsin.

Three instances of child neglect by child care workers have been reported at Wisconsin child day care facilities within the last week.

The first instance of child neglect was reported on March 17th and involved Pamela Gatlin, a child care worker at the Alphabet Learning Center in Milwaukee.

According to police reports, Gatlin grabbed and twisted the arms of a four-month-old child last January because she was stressed out. The child suffered a broken arm.

Gatlin also told police that she pulled the arms of a 21-month-old in February who ignored her after Gatlin told the child to wash her hands. That child had a spiral fracture to the left arm. Gatlin told police she wanted to send a message and wanted to cause pain.

Across the state, a La Crosse child care worker was charged with misdemeanor child neglect that accuses her of breaking an infant’s femur (thigh) when she ‘yanked’ him out of a chair.

Dawn Kreibich, a child care worker at Ellen’s Child Care & Preschool, told investigators she ‘might have’ accidentally pulled the child from the chair while his leg was stuck in the seat.

Krebich said she did not notice any injuries, but admitted she did not tell anyone her suspicions as to why the child was crying hysterically.

A doctor diagnosed the child with a fractured right femur.

Child day care facilities are licensed and regulated by the State of Wisconsin. There are rules in place that govern the operation of such facilities, in part, to protect the children in their care. Unfortunately, despite these rules and regulations, children are injured in day care settings. Sometimes, the injuries are the result of negligence or even abuse. Often, when a child sustains an injury, the family may find it difficult to determine how and why the child was injured.

An attorney can provide the assistance needed to determine the best course of investigation and action in these difficult situations.

Attorney Rich Kalkhoff

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling injury cases through out the state.  Our Wisconsin injury attorneys have successfully represented injured people in almost every county. We know Wisconsin.

A Marinette man who was charged with drunken driving now faces 21 additional charges of homicide by intoxicated use of a vehicle in the crash that killed a Wrightstown man and his four children.

According to police, Richard Powell, 39, spent nine hours at a bar before getting behind the wheel on January 18th. Powell was driving on U.S. 41 in Peshtigo when Joel Rivas and his four children pulled onto the highway. Powell said that he leaned over to change the radio station when he looked up and spotted Rivas’ car. He told authorities that he didn’t have enought time to react. Mr. Rivas, 44, and his four children died in the accident. Mr. Rivas had three daughters and one son.

The new charges indicated that the two teens were pregenant, and the crash also killed the fetuses.

An accident reconstruction specialist said Powell was traveling somewhere around 80 mph in a 45 mph zone when he hit the Rivas’.

In Wisconsin, “speed defeats right of way.”  So, if you are speeding on the road and another car pulls out in front of you, then you, the speeder, are at fault.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our Wisconsin injury attorneys have successfully represented injured people in almost every county. We know Wisconsin.

The recent death of 58-year-old Leroy Hood from Waukesha marked one of the first Wisconsin motorcycle deaths of 2009. His motorcycle accident and subsequent death is a sobering reminder of how careful motorcycle riders must be while enjoying their hobby.

Past studies show motorcycle fatalities have been on the rise for the last decade. In 2007, the U.S. saw a 7% (4,837 to 5,154) increase in the number of motorcyclists killed from the previous year. Wisconsin accounted for 104 of those fatal motorcycle accidents.

In fact, motorcyclists are about 35 times more likely than passenger car occupants to die in a motor vehicle accident and 8 times more likely to be injured.

Data shows that the majority of motorcycle accidents occur in one of two ways — head-on or while the other vehicle was turning left. In 2007, 50% of all motorcycles involved in fatal crashes collided with another type of motor vehicle, 78% were struck in the front, or “head-on.” In 40% of two vehicle crashes, the other vehicle was turining left while the motorcycle was going straight, passing, or overtaking the vehicle.

The National Highway Transportation Safety Administration estimates that helmets saved the lives of 1,784 motorcyclists in 2007. If all motorcyclists had worn helmets, an additional 800 lives could have been saved.

With warmer weather on the way, please remember to observe the rules of the road, wear the appropriate safety equipment and drive safely.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our Wisconsin injury attorneys have successfully represented injured people in almost every county. We know Wisconsin.

An article written by Geriatric experts at the University of Rochester Medical Center addresses concerns in the quality of long-term care currently being provided. The article, entitled “Nursing Home Physician Specialists: A Response to the Workforce Crisis in Long-Term Care,” calls for a new kind of specialty to meet the needs of nursing home residents…a nursing home specialist.

Dr. Paul Katz, lead author on the article and chief of the Division of Geriatrics and Aging at the University of Rochester School of Medicine and Dentistry, believes that the quality of care in nursing homes is directly linked to physician practice.

Katz had this to say about an Institute of Medicine report, which recommends shifitng nursing home care from doctors to nurse practitioners, ”As we face a serious decline in the number of geriatricians, rather than accepting a diminished presence of physicians in nursing homes and finding alternative care models, it is time to consider, appropriately fund, and test the nursing home specialist model.”

Dr. Katz proposes that the nursing home specialists devote 20% of their practice to nursing home care, receive enhanced training in nursing home medicine, and possible residencies and fellowships to develop proficiency in the specialty.

-Attorney Jeffrey Pitman

Pitman, Kyle & Sicula, S.C. is a Wisconsin law firm with a devoted nursing home abuse practice.  Our nursing home abuse and neglect trial team has successfully represented abused and neglected nursing home residents in almost every county.  We know Wisconsin.

I think I need to write about a few things that I commonly hear from clients and a few things that I commonly say to clients.

Whenever someone asks about the value of a claim, or what we will “go after” for compensation I always say something like “the law allows us” or a “jury would be allowed to consider” or “we could ask a jury.”

I don’t use these phrases to scare clients and make them think we are going all the way to a trial.  In fact, the vast majority of my clients never see a courtroom.  I say these things because ultimately, the only way to force an insurance company to compensate an injured victim is by taking the case to a jury.  Once the jury decides and decides on a verdict that is what the insurance company has to pay.  Obviously there is always the possibility of appeals but that is a post for another day…if jury trials are rare, then I’m sure you can imagine how rare appeals are.

Settlements made presuit, or after a suit is filed, are all based on guessing what a jury would award.  This is the reason you hire a attorney.  You hire an attorney to give you an educated guess as to what a jury would award considering the law, facts, and all the miscellaneous information related to the claim.

No one knows what a jury would award, but who better to give you advice on the value of a personal injury matter than an attorney who has dedicated his career to knowing what amount of money a jury would use to compensate an injured person and his/her family.

-Attorney Jonathan Groth

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our Wisconsin injury attorneys have successfully represented injured people in almost every county. We know Wisconsin.

The United States Department of Justice has charged drug manufacturer Forest Laboratories for alleged False Claims Act violations arising from the company’s marketing the drugs Celexa and Lexapro for unapproved pediatric use and for paying kickbacks to induce physicians to prescribe the drugs.

Prosecutors claim that former top executives concealed numerous clinical studies that showed the drugs were not effective in children and may even cause some to become suicidal.

Forest Labs publicized the clinical research that showed their drugs were effective, however, the company did not disclose the the negative clinical trials to anyone.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling faulty product cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.