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Archive for the ‘Legal Debate’ Category

Henderson Pediatrician Accused Of Medical Malpractice

November 20th, 2012 No comments

Since the Mexican American War when Nevada, California, Utah and Arizona were ceded to the United States, the West has been plagued by charlatans selling all manner of healing tonics and elixirs. The travelling medicine show came to small towns with hucksters selling cure-alls that were promised to rid the taker of arthritis, lice, eczema, hangovers and more. While some of the snake oil sold contained now-illicit drugs like cocaine, heroin or marijuana, most of the drugs were panaceas, which never cured the patient and possibly reduced symptoms due to placebo effects. While many modern Americans laugh at the thought of being taken by a travelling snake oil salesman, there are many in our midst who sell miracle claims even today. Sure, these miracle cures are not sold in rural towns at travelling road shows, instead today, they are prescribed by unscrupulous physicians not interested in healing, but instead separating the sick, infirm and desperate with their hard earned cash. If you have been a medical malpractice victim in Las Vegas, contact Benson and Bingham for a free legal consultation today.

Modern-day snake oil salesmen use miracle drugs like human growth hormone, anabolic steroids and even stem cells to dupe their unwitting and often ill and desperate victims. While HGH, Steroids and Stem cells are purported to possessing miraculous healing qualities, their illegal nature necessitates their sale on the black market. When drugs are sold on the black market, the user can never be sure of what they are receiving is safe, effective or even as advertised. If you have been a victim of medical malpractice in Nevada, contact Benson and Bingham today.

In a recent case, a Henderson pediatrician has been accused of selling patients fraudulent stem cells. The 51-year old physician, Ralph Conti, bilked patients and investors of over $ 1 million for his stem cell treatments, treatments that were not tested on animals, licensed by the US Food and Drug Administration or with a control group. If you have been involved in a Clark County Medical malpractice case, Benson and Bingham can represent you.

Benson and Bingham,  a premiere Las Vegas personal injury law firm, has been representing Nevadans and visitors to Nevada in personal injury cases since 2003.

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Deaths Near Mesquite, Nevada Virgin River Spur Wrongful Death Suit

A 3-year old girl drowned in the Virgin River, near Mesquite, NV on Tuesday. The child’s body was found in an irrigation canal owned by the Bunkerville Irrigation Company. The family of the girl was having a picnic near the river when the child’s grandmother saw the girl and two of her older cousins in danger of being swept away. The grandmother ran to the water and was able to pull out a 5-year old and a 4-year old but the young girl who died was out of her reach. The little girl’s body was likely sucked into a whirlpool created by the drainage ditch. Her death is similar to the death of 44-year old Joanna Hensley two years ago. Ms. Hensley’s survivors are now suing the Bunkerville Irrigation Company under Nevada wrongful death statutes. If you have suffered the death of a relative in an accident, and wish to discuss whether this was a Las Vegas wrongful death case, contact Benson and Bingham for a free legal consultation.

In the lawsuit, Joanna Hensley’s daughter and her attorneys allege that due to the irrigation canal dug by the Bunkerville Irrigation Company, the section of the Virgin River in Mesquite, NV is unsafe for swimming and other water sports. They also state there are no signs in the area surrounding the irrigation ditch to warn swimmers of the danger. If you have lost a family member in a Clark County wrongful death accident, contact Benson and Bingham today.

Benson and Bingham has extensive experience, representing clients since 2003 in personal injury and wrongful death cases. For nearly a decade, we have worked closely with our clients to ensure they receive everything they deserve from individuals, corporations and insurance companies financially responsible for Southern Nevada wrongful death accidents. Our success speaks for itself, in 2010 and 2011 we secured over $24,000,000 in damage awards for our clients.

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Multiple Parties May Be Liable in A Las Vegas Automobile Accident Due To Text Messaging

You are headed north on Interstate 15 through Las Vegas, to a business meeting or to meet friends. The destination doesn’t really matter. Traffic is heavy but not stop and go. Then you are hit by another driver causing significant damage to your car and even possibly injuries. A similar situation happened to Linda and David Kuber who eventually had to have both legs amputated as the result of an automobile crash in 2009. Before the crash, Kyle Best, 19 had been texting with his friend, Shannon Colonna. The attorney for Mr. and Mrs. Kuber, Skippy Weinstein, has sued Mr. Best and Ms. Colonna, stating that they are both responsible for the injuries to his clients. If you have been involved in a Las Vegas car accident and wish to recover money spent on medical bills, car repair, lost work and pain and suffering, contact Benson and Bingham today. Our Nevada personal injury attorneys have the contacts and experience working and negotiating with auto insurance companies to get you the best possible injury award.

The legal principle Mr. Weinstein is using to include Mr. Best’s texting partner, Shannon Colonna, in the lawsuit is “aiding and abetting.” The doctrine of aiding and abetting is spelled out in a book of rules that guides most court rooms in Nevada and the rest of the United States, called the Restatement of Torts. For someone to aid and abet a crime one must:

1-  Know someone who is committing a crime

2- Be aware that the act their associate is committing is illegal

3- Substantially assist in the commission of the crime

Joseph McGlone, the attorney for Ms. Colonna, has requested that the judge disallow her inclusion in the case. Just because she sent the text message, doesn’t mean she had an expectation for the SMS to be read immediately. If you have been involved in a Las Vegas traffic accident, contact Benson and Bingham for a free legal consultation today.

Benson and Bingham has worked with many Las Vegans to ensure they receive the financial remuneration they deserve after a Las Vegas vehicle accident. Our attorneys, experienced in car accidents, nursing home neglect, casino injury and wrongful death cases, secured over $24 million in personal injury awards in 2010 and 2011.

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Junior Seau Suicide Raises Brain Injury Concerns, Contact Benson and Bingham to Discuss Your Las Vegas Brain Injury Case

A week has passed from apparent the tragic suicide of San Diego Charger and New England Patriot Hall of Fame Linebacker, Junior Seau. The family of the retired football great is considering sending his brain for research at the Center for Traumatic Encephalopathy at Boston University, pending approval from native Samoan religious and cultural leaders. At present, no evidence exists that shows Seau suffered from Chronic Traumatic Encephalopathy, a disease common to boxers, MMA fighters and NHL and NFL players. A look at footage from Seau’s 20-year NFL career shows significant injuries and blows to the head in every game and nearly every play. If you or a relative has suffered traumatic brain injury, and you would like to recover money lost to lost work, medical bills and pain and suffering, contact the Las Vegas brain injury attorneys at Benson and Bingham for a free legal consultation.

More and more studies show that those who receive even small but repeated blows to the head are susceptible to brain damage. While football players, hockey players, boxers and MMA fighters use headgear and mouth guards when they compete, these protective devices do not protect the brain from striking the skull. Mammalian brains contain cerebrospinal fluid, which cushions the brain against normal strikes, but a football collision, a hockey check, a right-hook to the forehead or a Muay Thai kick to the side of the head jar the brain beyond the fluid’s protection. Traumatic brain injuries such as concussions have these key symptoms – dizziness, headaches, nausea, lack of balance, poor motor coordination, ear ringing and visual spots. Repeated concussions can cause the brain to atrophy and lead to additional symptoms of depression, lack of cognitive function and more. The attorney’s at Benson and Bingham have represented many clients in debilitating brain injury cases since their founding in 2003. Our attorneys have the trial expertise and medical contact to help you pursue your Las Vegas brain injury case.

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Recalled Sippy Cups and Lawnmowers Pose Injury Threat To Las Vegas Residents

A couple of product recalls announced this week could potentially harm Las Vegans and other Southern Nevadans. If you have purchased either of these products, go to the manufacturers or retailers website to learn how to return the product for replacement, refund or repair.

Target Corporation, which has twelve locations located in the Las Vegas are, in conjunction with the US Consumer Product Safety board recalled a number of sippy cups in the shapes of bunnies. Approximately 264,000 units of the Bunny Sippy Cups were sold. The right ear of the bunny on the cup extends to a distance where a young child taking a drink could poke their eye out. The recalled sippy cups which are either a pink bunny or a light blue bunny have the product codes on the bottom of “Target 200020683” and “Target 200020884.” The cups were shipped between February 2012 and April 2012 and retailed for a price of $3. Consumers are urged to return the cups to Target for a full refund. If your child has been injured by a defective product sold in Las Vegas, contact Benson and Bingham for a free legal consultation today.

Embark Manufacturing Company announced the recall of the 42” Riding lawnmowers. The Beatrice, Nebraska company sold approximately 2,200 of the mowers between March 2009 and April 2010. The lawnmowers sold from $4200 to $4400. Built in the USA, the seat mounts can fail and cause the seat to interfere with driving controls of the mowers, causing a crash hazard. The mowers were sold at Exmark dealers across the country. There are three Exmark lawn product retailers in the Las Vegas area including Green Valley Turf, Rec World and Universal Turf. If you were injured by a defective lawn mower in Las Vegas, contact Benson and Bingham today. We can assist you in recovering money you spent on medical bills, money lost to lost work and general pain and suffering.

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Pfizer Birth Control Recall May Create More Native Nevadans

March 15th, 2012 No comments

In Late January, multi-national pharmaceutical giant Pfizer announced, in coordination with the US Food and Drug Administration, the recall of approximately 1 million birth control pills. The miss packaged pills provide no health risks; however, they do increase the risk of pregnancy for those taking the medication. The pills, a 28 day regimen including 21 doses of the medication and seven placebos were mislabeled. Customers who have the affected packages are warned to begin using a secondary form of birth control, contact their physician and return unused portions to their pharmacy for replacement. The extent of Pfizer’s legal exposure from the product recall is unknown – as the laws in many states could hold them liable for all the associated costs of the unwanted pregnancies. If you have taken the recalled Pfizer birth control and are pregnant with a new native Nevadan or were sickened by defective prescription or over the counter medication, contact Benson and Bingham for a free legal consultation today.

There are many levels to Pfizer’s potential legal exposure. Should they have to pay for any unwanted pregnancies? Should it be for the medical costs and lost work up to the birth of the child? Should it include food, presents, clothing and education for the child of one of these unwanted pregnancies? What if the unwanted pregnancy resulted in a child with special needs? What if the woman was taking the birth control because she had evidence she and her partner would have a child with special needs.

If you are a Nevadan who has fallen victim to incorrectly prescribed or defective medication and wish to recover damages for healthcare costs, pain and suffering and lost work, Benson and Bingham have the legal experience to represent you fully. In 2010 and 2011, our attorneys were able to secure over $24,000,000 in damage awards for our clients. Please contact Benson and Bingham today for a free legal consultation.

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Las Vegas Continues to Debate Additional Penalties for Aggressive Dog Attacks

March 11th, 2012 No comments

As Las Vegas, Nevada debates changes in punishment for the owners of dogs that attack others, more and more people have been injured and nearly killed. The breed that seems to always come under scrutiny, pit bulls, are yet another breed that has raised the ire of the American people. Over the decades, many dog breeds have been accused of over aggression – Rottweilers, German Shepherds, etc. Many dog lovers do not believe various breeds are the problem behind the attacks. Instead, these advocates for canines state that any dog, when mistreated and rewarded for acts of aggression can become violent and attack innocent people and canines. If you have suffered a Las Vegas dog attack, and wish to sue for lost work, pain and suffering and for the medical bills you have incurred, contact Benson and Bingham for a free legal consultation today.

The consequences from dog attacks can last a lifetime. While cuts and bruises heal, scars from bites linger for decades and those attacked can live with paralyzing fears of mans’ best friend. Just this December, 9-year old Alexis Gates was attacked in her Las Vegas neighborhood. The dog came running at the young girl and bit her savagely on her lip and leg. Even though she was rushed to University Hospital after the attack, Miss Gates still has to work at extensive physical therapy. Emergency Room visits, treatments, psychological counseling and physical therapy can be very expensive. If you have been injured in a Clark County dog attack and wish to be reimbursed for medical bills, pain and suffering and lost work, contact the personal injury attorneys at Benson and Bingham.

Established and 2003, Benson and Bingham quickly became one of the leading Las Vegas personal injury law firms. Our attorneys work with each of our clients to develop a strong trusting relationship. These relationships have been the key to our firm’s success, evident by the over $24,000,000 in claims we were able to secure for our clients in 2010 and 2011.

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Las Vegas Metro Police Award $40,000 to Former Officer in Discrimination Claim

Southern Nevada police departments continue to be on the losing end of a number of lawsuits. Last month, over $300,000 was awarded to Adam Green, a man who was severely beaten by Henderson Police and Nevada Highway patrol during a highway traffic stop. The man, presumed to be driving while intoxicated, was instead in the throes of a diabetic shock episode. If you have suffered personal injury due to an incident with a Southern Nevada Law enforcement agency, contact Benson and Bingham for a free legal consultation today.

Earlier this week, the Las Vegas Metro Police announced an award to a former officer for discriminatory practices due to the department’s restrictive facial hair policy. Retired Las Vegas Metro Police Officer, Ira Carter sued the department in 2010 regarding the department’s no facial hair policy. Mr. Carter suffered from a skin condition that made shaving very dangerous. The condition, called pseudofolliculitis barbae, causes scarring, cystic nodules and severe rashes after shaving. Mr. Carter had a waiver on the shaving policy for 14 years but in February 2009 he was reprimanded. On the word of Mr. Carter’s supervisors, Lieutenant Robert Sebby and Captain Stavros Anthony, Mr. Carter was cited for insubordination and had an internal affairs investigation directed at him. He was awarded $40,000. If you have been injured by unfair work rules, contact Benson and Bingham today.

This is not the first time Las Vegas Metro Police faced discrimination charges due to their facial hair policy. Officer Steve Riback, an Orthodox Jew, sued the department because the facial hair policy prevented him from growing his beard.   He was eventually awarded $350,000 when he settled his discrimination case. If you have suffered a workplace injury and wish to recover for lost work, contact Benson and Bingham today.

If you are from Southern Nevada and have been injured in a workplace incident, contact Benson and Bingham for a free legal consultation today. Our team of Nevada licensed personal injury attorneys work to develop strong trusting relationships with those we represent. The success of this method is evident in the $24,000,000 we secured for our clients in 2010 and 2011.

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Nevada Budget Challenges Threaten School Athlete Injury Through Negligence

January 20th, 2012 No comments

In September 2009, University of Southern California running back, Stafon Johnson was lifting weights as part of his training regimen for the highly competitive world of Division 1A NCAA football. On the weight bench, Mr. Johnson was bench pressing 275 lbs., when the weight bar slipped and fell on his neck. Mr. Johnson sued USC and Jamie Yanchar, the assistant strength coach at the time for the personal injury.

For Stafon Johnson, the remainder of 2009 was extremely difficult. The star running back underwent numerous painful neck and throat surgeries. And even though Mr. Johnson was drafted and signed by the Tennessee Titans of the NFL in 2010, the suit moved forward.

Earlier this week, as Mr. Johnson’s suit against USC and Mr. Yanchar was about to come to trial the two sides settled for an undisclosed amount.

There are thousands of students athletes in Nevada, not only playing at UNLV or UNR but in high schools and recreational leagues across the state. Injuries to Nevada student athletes happen every day – some freak but many because of negligence and poor training facilities and playing fields. If you or a family member has been injured in an athletic training facility and you believe it could be a case of personal injury, please contact Benson and Bingham today for a free legal consultation.

Nevada’s amateur athletes accept many burdens as they compete in their favorite sports. In high school, many are subjected to arduous training schedules that prevent them from other school activities or holding part-time jobs. In college, scholarship student athletes are prevented from working and have even more rigidly defined training requirements. Due to Nevada’s and Las Vegas’ budget challenges, often times these gyms and practice facilities are poorly maintained and staffed.

One of the leading Las Vegas personal injury law firms, in 2010 Benson and Bingham secured over $15,000,000 in successful legal claims for their clients. If you believe you or a loved one has been injured or killed due to a personal injury case, contact us for a free consultation today.

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Las Vegas Workplace Violence Plagues City Employees

January 16th, 2012 No comments

Las Vegas workplace violence is always a tragedy. When two Las Vegas city workers stab each other in front of city hall, well, that’s where it can get strange. During a break in safety training, two Las Vegas workers stormed out of the safety meeting they both were attending and began fighting with knives. If you or a family member have been injured in a Las Vegas workplace violence incident, and need help with medical bills or lost wages, please contact Benson and Bingham today.

Little is known as to why the two Las Vegas co-workers fought each other with knives. However, both are being investigated by both the Las Vegas Utilities department and the city attorney’s office. While many in a workplace violence situation are relieved when the authorities get involved, those affected should retain council that will protect their interested. If you have been involved in a Nevada workplace violence situation, log on to Bensonbingham.com today for a free consultation.

In Las Vegas, Benson and Bingham is a preferred personal injury law firm due to the close relationships they foster with their clients. While success cannot be promised, you can see on Bensonandbingham.com the $15,000,000 in judgments for our clients in 2010.

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