Las Vegas Injury & Accident Attorney Blog

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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Is there long-term damage when a boxer or MMA fighter gets hit in the head? Researchers are pointing to new evidence which may illustrate exactly what damage is caused. Whether football lineman, hockey offense man boxer or MMA fighter, during a game or a match, the player’s head is subjected to repeated blows. Many athletes from these sports often fall victim to degenerative brain disease, sometimes called chronic traumatic encephalopathy. Recent autopsies and brain scans performed by the Psychiatry Neuroimaging Laboratory of Boston’s Brigham & Women’s Hospital, have shown that the brains of many deceased 40 and 50-year old linemen, hockey players and boxers look similar to the brains of octogenarians suffering from dementia. If you are suffering from brain damage in Las Vegas due to participation in violent contact sports, contact Benson and Bingham for a free legal consultation today.

The current Las Vegas brain damage study has begun taking repeated brain scans using magnetic resonance imaging or MRIs to chronicle the continuing damage meted out when someone is subjected to repeated blows to the head. Boxers with fewer fights and with less experience in the fighting game had higher brain volumes and had fewer symptoms of cognitive decline or memory loss. In fighters who had fought for longer than nine years, those who fought the most each year suffered the sharper decline. The study also found that the brain damage often times was not evident until up to 6 years later. If you are experiencing brain loss due to Las Vegas boxing and would like to try to recover costs for pain and suffering, lost work and medical costs, contact Benson and Bingham today.

Benson and Bingham was founded in 2003 with the expressed purpose of becoming one of Las Vegas’ leading personal injury firms. The $24,000,000 we secured in 2010 and 2011 show how hard we work on our clients behalf. However, if you are ever unhappy with our fees, our happiness guarantee means we will work with you to find a fee you find appropriate.

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The news from Afghanistan this week has saddened and shocked all Americans. A US soldier went on a rampage, shooting and killing 16 people, including nine children and 3 women in Kandahar Province. An unnamed 38-year old staff sergeant, who is a father of two and a veteran of three tours of duty in Iraq, went from home to home shooting the Afghani civilians as they slept. When finished, the shooter returned to his base and confessed.

This terrible tragedy is the latest in a series of horrifically violent events that have happened at the hands of soldiers from the much-maligned Lewis-McChord US Army base just south of Tacoma, Washington. Other violent incidents committed by soldiers from this base include an ex-soldier who murdered a park ranger, a staff sergeant who tortured and raped two women and a 19-year old private who murdered a teenage girl.

It is unknown what has spurred the violent incidents emanating from this base, but as we wrote about last month, Madigan Healthcare System, the army hospital at Lewis-McChord, was cited for cautioning doctors to avoid diagnosing soldiers with brain damage and post-traumatic stress disorder due to cost concerns. If you are a Nevada veteran suffering from brain damage or post-traumatic stress disorder and were misdiagnosed by the military of Veterans’ Administration, you deserve to be reimbursed for your medical costs, lost work and other pain and suffering. Contact Benson and Bingham today for a free legal consultation.

The attorneys at Benson and Bingham salute and honor all of Nevada’s and our Nation’s veterans. We believe those who have sacrificed and dedicated their lives to our country deserve exemplary medical treatment from the VA. We even offer veterans an exclusive military discount. Some of our practice’s key competencies are brain injury and PTSD. Please contact us today to ensure you get the representation you deserve.

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UC San Francisco recently released a report comparing the quality-of-care in nursing homes across the country. The report compared the ten largest for profit nursing homes with the care in other for profits, non-profits and even government run homes. In general, the report’s findings showed a  better quality of care and higher staffing levels at non-profit and government run facilities. If you believe your loved one has received sub-par care in a Nevada nursing home, contact us today.

In the ten largest nursing homes, the report found that patients had more complaints and incidents of pressure sores, weight loss, falls, infections, mistreatment by staff, unsanitary conditions and more. These higher incident rates stem from lower staffing levels at large, chain operations where patient care is secondary to making a profit. Please contact Benson and Bingham at Bensonbingham.com or 702-382-9797 to discuss the neglect of any Nevadan in a Silver State nursing home.

Benson and Bingham is a full-service law firm that strives to ensure our clients are entirely satisfied by our representation. In 2010, Benson and Bingham secured over $15,000,000 in awards for our clients. Please contact us today to discuss any personal injury case. We can be found online at Bensonbingham.com

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In 2008, 18-year old Hiroyuki Joho, ran across train tracks in an effort to catch another train. Distracted by torrential rains and a large umbrella, Mr. Joho was struck and killed by an oncoming train. At impact, parts of Mr. Joho’s body were thrown, striking Ms. Gayane Zokhrabo approximately 100 yards away. Ms. Zokhrabo suffered a broken wrist, arm and injured shoulder. In Nevada, innocent bystanders can be injured in cases of negligence. Contact Benson and Bingham today for consolation, free of charge.

Injured not only physically but also financially, Ms. Zokhrabo sued the estate of Mr. Joho, looking to recoup medical costs, lost pay and other expenses. While initially struck down, the case was reinstated on appeal – simply put, a person running across train tracks has an expectation that should he or she be hit, their body or belongings may strike and injure another person. If you have suffered a wrongful injury in Nevada, contact us today.

Benson and Bingham (www.bensonbingham.com) Attorneys at Law are one of Las Vegas’ leading law firms. While representing you, Benson and Bingham will do all we can to ensure you are extremely satisfied with your representation. In 2010, we settled over $15,000,000 in cases for our Nevada clients.

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Honda Motors recently announced a recall of an additional approximately 275,000 vehicles, adding to the over 600,000 previously announced for a faulty airbag issue with older model Accord, Civic, Odyssey, Pilot and Acura models. The parts being recalled were installed in 2001 – 2003 vehicles repaired by the Japanese Auto manufacturer. Contact us if you have been injured by a Honda airbag in Nevada.

When driving an automobile equipped with a driver’s-side airbag, it is important to wear a seatbelt and operate the vehicle a safe distance from the steering wheel. In an accident, an airbag can explode with a force that can break a nose, glasses or cause other serious injury. If you have been injured in a Clark County auto accident and would like representation contact Benson and Bingham today.

Benson and Bingham is one of Nevada’s leading product liability attorneys. We focus on ensuring our customers get top-tier service and satisfaction. If you or someone you know has been involved in an Las Vegas auto injury accident and need assistance with workman’s compensation, medical bills or recovering lost wages, contact us today.

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Yesterday, a 65-year old Las Vegas woman, Diana Chambers, was arrested on suspicion of Las Vegas DUI charges after striking a Nevada man, Shannon Newland, and his vehicle as he was filling the car with gasoline. The man is currently at University Medical Center being treated. If you have missed work, lost property or incurred medical costs due to a Nevada traffic accident, contact us today.

The accident, which occurred on Cheyenne Avenue near US95 has put Mr. Newland in critical but stable condition. While he is doing well and expected to recover, the Southern Nevada resident faces a difficult couple of months. He will likely miss significant work and need compensation for his damaged automobile and hospital costs. Ms. Chambers is currently being held in a Clark County jail and it is unknown how much insurance she carries.

Benson and Bingham are one of Southern Nevada’s premiere injury recovery firms. Our Nevada licensed attorneys pride ourselves on customer satisfaction and we work closely with our clients to ensure the best possible outcome for their case. Go to Bensonbingham.com today to start your case.

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We have all heard of carbon monoxide, but we may not all know exactly what it is or does. We know that it is a gas, and we’re pretty sure that it can cause us harm. Many people may even know that the gas is odorless and invisible, and that it can strike abruptly and lethally in an indoor environment. What only a very few of us realize is that carbon monoxide is extremely prevalent and exposure to dangerous levels of carbon monoxide can occur in many Nevada workplaces, resulting in brain damage or even death. When we reflect on a recent incident involving the gas, we see that it is a threat to many in the hotel-casino industry where busy staff can endure hours of exposure without succumbing to nausea or other red-flag symptoms.

Carbon monoxide is a byproduct of the combustion of fossil fuels, such as in a gas furnace or gas-fired boiler, and the amount produced per unit of fuel varies with the age and efficiency of the furnace.  All gas furnaces are required to have exhaust systems to remove this toxic gas from indoor areas, most of which depend on a mechanical fan but which are supposed to have safety backups in commercial settings such as air seals, secondary systems, and carbon monoxide detectors. But the key phrase here is “supposed to” — anyone who has been involved in an injury on the job or who has witnessed a serious Nevada workplace accident knows that safety policies are only useful when they are followed appropriately.

In a recent case, a steak house was beset by absurdly high levels of carbon monoxide. A mechanical fan failed, and stingy landlords had removed vital safety mechanisms and had not taken care to properly seal the area where a major boiler was located adjacent to the hotel restaurant. Over the course of several days, the level of carbon monoxide rose to nearly 700 parts per million; 30 ppm is supposed to trigger an evacuation, and long-term exposure to even 70 ppm can be fatal. It is not known how many customers of the restaurant were harmed, but in total some 20 employees of the restaurant suffered substantial brain damage from the exposure and fourteen were hospitalized after the incident. Carbon monoxide’s lethality comes from its effect on the brain: it crowds out oxygen in the brain, effectively suffocating the brain and causing permanent damage to brain tissue that dies from the asphyxiation.

The case may seem clear-cut to an observer, but this was actually a very challenging case for the workplace injury attorneys to handle. Brain damage is not visible, and its symptoms can vary with the severity of the carbon monoxide exposure and the resilience of the victim’s body. The hardest cases to prove involved mild or moderate brain damage, where the victim feels a difference in his or her daily life but may not be able to prove it to a skeptical jury. This leaves ample wiggle room for defense attorneys who attempt to argue that the brain damage existed previous to the carbon monoxide exposure or that the poisoning did not result in brain damage. Even the work of theorizing how the exposure occurred can be difficult for a Nevada brain damage lawyer, who often has to recreate a situation where an invisible, odorless gas wreaked havoc by slipping through vents and under doors without leaving a trace.

Using novel techniques and plenty of hard work, the brain damage attorneys in this case were able to convince a jury that the restaurant was responsible, and they won for their clients a multi-million dollar workplace injury settlement. Here at the law firm of Benson & Bingham, we know that Experience is the Difference. If you or a loved one have been harmed in a workplace accident or have been exposed to carbon monoxide due to a company’s negligence, contact us right away for seasoned legal guidance. We have two offices in Southern Nevada to serve you.

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Christmas toys are an industry unto themselves, allowing behemoth retailers like Toys R’ Us and F.A.O. Schwartz to ouster Santa Claus and his elves as the gatekeepers of holiday mirth. Year after year, toy makers save their best ideas for dramatic unveiling in the weeks leading up to the holiday shopping season, and the goodies fill the spectrum from the frugal to the fanciful and from the miniature to the monstrous. But every year families from Las Vegas to Reno keep a nervous eye on reports of Nevada toy recalls related to unsafe or defective children’s toys. As 2010 comes to a close, we see that this year has been no different.

Most remarkable about this year’s toy recalls is their variety. There are certainly the usual suspects — small pieces that come loose and pose choking hazards, and clothing items that can cause strangulation — but there have also been some unusual threats. The loose-part-ingestion phenomenon has been complicated this year by one toy that features small magnetic bits; if a child swallows these powerful magnets they can actually disrupt body chemistry. Some rocking horses and other toys with reins or loops have been recalled due to a strangulation risk posed by the size of the loop. Also, several cheaply produced flashlights and battery-operated toys can melt due to circuitry failures, creating a risk of burn injury.

A line of bath toys was scrutinized because, in one item, a structural wire could become exposed and pose a risk of laceration. This example highlights the toy companies’ concerns about injuries caused by defective products: in addition to bearing liability for the immediate injury (say, a cut or laceration), the companies could also be held responsible for the secondary and tertiary impacts of the problem, such as if a cut became infected and required surgery or even amputation due to gangrene.

Even though Nevada defective product recalls are an annual reality, the defects in question are related to the engineering idiosyncracies of the products in question; in fact, with the number and variety of toys growing year after year, it may be the case that the rate at which toys prove defective or dangerous is shrinking. However, some of the product recalls this year suggest a harmful trend. This shopping season has taken place amidst diminished consumer power and increased wariness among those feeling short on cash. As a result there has been a strong downward pressure on prices generally, which manifests at the other end of the supply chain as weaker quality controls. Many of these mass-produced toys come from China, where environmental and product input controls are some of the weakest in the world. Perhaps this explains a rash of startling toy recalls based on the chemicals used in the items: excessive levels of cadmium and lead, for instance, can pose chronic health effects such as cancer or brain damage.

Fortunately, we are privileged to live in a country with a baffling array of toys and gift items that are mostly safe. Moreover, we have regulatory agencies that monitor the safety of consumer products and alert us about those that are potentially dangerous. Nonetheless, if you or a loved one have been injured by a defective product or have concerns about risk due to a recalled toy or consumer product, call our Las Vegas product liability attorney today for a free consultation.

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Tasers are becoming a part of our popular culture — look no further than examples like the hit film “The Hangover” or the Internet phenomenon of “Don’t taze me, Bro.” Yet even as we celebrate the power and omnipresence of these pocket armies, the use of Tasers by police forces such as the Las Vegas Metropolitan Police Department are raising a number of questions about the safety of the devices.

According to one human rights organization, in 2008 the Las Vegas police lead the nation in civilian deaths attributable to the use of Tasers (or “stun guns”) in subduing suspects. Law enforcement across the country tries to balance its priorities against charges of police brutality. Taser, an Arizona company, claims that its devices strike an ideal balance for law enforcement by equipping police officers with a nonlethal, debilitating deterrent. But the devices, which use electricity to cause muscular seizure, can deal upwards of 50,000 volts to a target and are under increasing scrutiny by safety regulators. Several Las Vegas police officers sued the Taser company after sustaining injuries during a training session using the device. One female officer fell on her face after being subjected to the device, resulting in chronic localized pain and back issues; a Taser jolt directed at the head, neck, or back can potentially cause serious brain damage and enduring neurological issues.

If trainees in using the devices have been injured, it is no surprise that civilians subjected to Tasers have also become victims. Only days ago, a Clark County man who was trying to straighten out his life after repeated stints in jail died after being Tasered “several times” by police officers trying to detain him. In another Southern Nevada case, a doctor died after he was shocked five times by a Nevada Highway Patrol officer wielding a Taser. His surviving family members are suing for emotional damages and Nevada wrongful death.

Nevada lawmakers have plenty on their plates as the new legislative session kicks off, so there is no knowing whether or not they will tackle the issue of Tasers and appropriate use of force by Nevada police officers. (Another Las Vegas [in New Mexico] banned the use of Tasers by its police force; LVMD has made no such overtures yet.) If you or a loved one have suffered a Taser or other Nevada electrocution injury, contact us today for a free consultation and experienced legal help.

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