$1.9M Wrongful Death Settlement After California Inmate’s Death

A $1.9M settlement could settle a California wrongful death lawsuit following the death of an inmate that the plaintiff claims should have been protected after being questioned about his cellmate's illegal drug dealing activity. 

The Case: Castro v State Court

The Court: United States District Court-Sacramento

The Case No.: 2:18-cv-02115-KJM-EFB

The Plaintiff: Castro v State Court

The decedent in the case, Rodrick Castro, was an inmate at Salinas Valley State Prison when he was questioned regarding his cellmate's drug dealing activity. According to court documents, the cellmate allegedly saw Castro being questioned on October 23, 2017, and Castro was killed the next day. The plaintiffs in the case are Castro's parents and Castro's three children. The plaintiffs alleged that the prison staff and officials failed to fulfill their responsibility to keep Castro safe by separating him from rival gang members who sought to harm him.

The Defendant: Castro v State Court

The plaintiffs in the case sued: 

• The State of California (which operated the prison)

• Kimberly Seibel (the warden of the prison)

• R. Adolfson (a corrections officer)

• The CDCR California Department of Corrections and Rehabilitation Secretary Ralph Diaz

The Defendants' response disputed all the allegations included in the complaint.

The Case:  Castro v State Court

The case Castro v State Court is based on the alleged wrongful death of Rodrick Castro. According to the court documents, Rodrick Castro (33) was questioned about allegations that a former cellmate had been involved in drug dealing. Castro was questioned on October 23, 2017. The lawsuit alleges that Castro's Salinas Valley State Prison cellmate witnessed the interrogation before Castro was transferred to another facility. The next day, Castro was found dead. He was stabbed 92 times with an ice-pick-shaped object. The family filed suit claiming wrongful death. In addition to failing in their overall responsibility to protect an inmate questioning had placed in danger, the plaintiffs allege that video recordings from the prison show that had guards properly monitored the live video feed, they would have seen suspected inmates planning the attack on Castro. However, the corrections officers allegedly failed to monitor the feed that would have allowed them to move Castro before he was killed. Court records show that the parties in the wrongful death lawsuit reported a $1.9 million settlement to the court on August 29, 2019.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Parents of College Runner Who Committed Suicide File Wrongful Death Lawsuit

In recent news, the parents of a college runner with disabilities who committed suicide, 23-year-old student Julia Pernsteiner, filed a wrongful death lawsuit claiming the coach bullied the students.

The Case: Ray and Lynne Pernsteiner v. Jacksonville University

The Court: Fourth Judicial Circuit, Duval County

The Case No.: 166080988

The Plaintiff: Ray and Lynne Pernsteiner v. Jacksonville University

The plaintiffs in the case are the parents of a 23-year-old disabled Division I runner and student at Jacksonville University (JU) in Florida. In 2021, after being cut from the school’s cross-country team, Julia Pernsteiner died by suicide. On Feb. 3, 2023, Julia’s parents filed a lawsuit alleging the school allowed the team’s coach to bully and berate the students on the team and failed to implement necessary accommodations for student success. The Pernsteiners claim that the coach and the school drove their daughter to suicide by subjecting her to a toxic coach and denying her the academic accommodations they promised to enable her success.

The Defendant: Ray and Lynne Pernsteiner v. Jacksonville University

The defendant in the case is Jacksonville University. According to the parents of Julia Pernsteiner, the university’s coach bullied the team and created an oppressive atmosphere full of intimidation and humiliation. They also claim that he belittled, disparaged, and ridiculed runners that fell short of his standards.

The Case: Ray and Lynne Pernsteiner v. Jacksonville University

In Ray and Lynne Pernsteiner v. Jacksonville University, the plaintiffs claim that despite agreeing to do so in Julia Pernsteiner’s 504 plan, JU did not provide a scribe, reader, professors’ notes, or assistive technology to support her success and never contacted her parents with updates on her progress as promised. Additionally, Julia’s parents claim that the oppressive, intimidating atmosphere the university allowed the coach to create was the catalyst that caused their daughter’s death. Other students backed up the claims and pointed out other inappropriate behavior by the university women’s cross-country team coach. One student even claimed she reported the coach’s behavior twice, but the school had no response.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Amazon Faces Wrongful Death Allegations Over Snow Sled Sold Online

A wrongful death lawsuit against Amazon over a snow sled purchased through their online retail site was removed to California District Court. The plaintiff claims that the decedent suffered injuries and death after using a defective snow sled manufactured and sold by Amazon LLC.

The Case: Dahveed Kolodny-Nagy, et al. v. Amazon.com, LLC, et al.

The Court: Los Angeles County Superior Court

The Case No.: 23A H CV 00 1 92

The Plaintiff: Dahveed Kolodny-Nagy, et al. v. Amazon.com, LLC, et al.

The plaintiff in the case, Dahveed Kolodny-Nagy, filed a lawsuit alleging wrongful death, personal injury, property damage, and product liability on behalf of himself and the Estate of Xiaoyan Kolodgy-Nagy. The plaintiff alleges the decedent suffered injury and death from using a defective snow sled manufactured by Amazon LLC and sold on their online retail site. According to the complaint, the damages were caused by one product, the Weanas 47inch Snow Sled for Kids and Adults Heavy Dute Inflatable Sledding Tube with 2 Higher Handles and Detachable Tow Rope, Blue (also referred to as Weanas 47” Snow Sled).

The Defendant: Dahveed Kolodny-Nagy, et al. v. Amazon.com, LLC, et al.

The defendant in the case, Amazon.com, LLC, et al., listed and sold the Weanas 47” snow sled, advertising it as a snow sled safe for use. However, the plaintiff claims that the product was unsafe due to improper warnings, improper instructions on using the sled, a defective design, and defective manufacturing of the product or its parts. The plaintiff specifically claims that the snow tube’s poor design meant users could not steer, and the product was not safe for use by multiple adults (without proper warnings or instructions regarding these specific limitations/dangers).

The Case: Dahveed Kolodny-Nagy, et al. v. Amazon.com, LLC, et al.

In the case of Dahveed Kolodny-Nagy et al. v. Amazon.com, LLC, et al., the plaintiffs claim that due to their use of the dangerous snow sled, their property was destroyed, and both suffered injuries. Before her death, decedent Xiaoyan Kolodny-Nagy suffered special and general damages, including (but not limited to) medical expenses, personal property damage, lost wages (due to injuries), physical pain, mental suffering, disfigurement, etc.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Allegedly Improper Wound Care Results in Wrongful Death Allegations

The children of a man who received at-home care filed a wrongful death lawsuit claiming the treatment significantly increased the patient’s risk of infection and death.

The Case: Barends v. Accentcare, Inc.

The Court: Commonwealth of Pennsylvania Court of Common Pleas Philadelphia County

The Case No.: 230401540

The Plaintiff: Barends v. Accentcare, Inc.

The plaintiff in the case, Barends, is the daughter of the deceased Mr. Weller and the executor of his estate. Barends filed a wrongful death lawsuit on April 17, 2023, in the Pennsylvania Court of Common Pleas for Philadelphia County, alleging malpractice. She brought the action for herself and her brother, Bruce Weller. The plaintiffs allege that the defendant was negligent in the care provided to their father, Richard Weller, resulting in additional injury and complications that caused or substantially increased his risk of harm, injury, infection, and death.

The Defendant: Barends v. Accentcare, Inc.

The defendants in the case, Accentcare Inc., Southeastern Health Services of Pennsylvania LLC, and others, face a wrongful death lawsuit filed in April 2023 in Pennsylvania Court. The plaintiff in the case accuses the defendant of medical malpractice leading to wrongful death. AccentCare owns and operates Southeastern Health Services of Pennsylvania LLC. The company provides on-site care to residents and home health, palliative, and hospice care to patients throughout Philadelphia County. Richard Weller was referred to the defendant for home health care services and supportive care in July 2021 for medical conditions and a pressure wound.

The Case: Barends v. Accentcare, Inc.

In Barends v. Accentcare, Inc., the plaintiff lays out the initial visit of the defendant’s health professional and the proposed care to be provided to Mr. Weller. The lawsuit outlines numerous claims of negligence in Mr. Weller’s care, including:

1. Failing to inform the patient of alternatives to the Foley catheter and failing to properly gain the patient’s consent to its use

2. Failing to make a reasonable effort to use less invasive methods before turning to the Foley catheter

3. Failing to accurately gauge the risk of the Foley catheter for a high-risk patient and failing to ensure the patient’s safety before placing the device

4. Failing to use the initially recommended and agreed upon external condom catheter for urinary control

5. Failing to obtain appropriate consultations/assistance in connection to the patient’s co-morbidities to ensure his safety

6. Improperly recommending and placing the Foley catheter

7. Misplacing/malpositioning the Foley catheter

8. Failing to maintain a sterile field during placement

9. Failing to properly insert and position the Foley catheter

10. Failing to use the proper technique to place and secure the catheter, fill the catheter balloon, check proper positioning, test the catheter’s function after insertion, secure the catheter in place to avoid dislodgment, monitor the catheter for proper function, inspect the catheter for malposition, provide proper training to home caregivers, keep proper records of placement and monitoring of catheter, and follow procedures and policies in place for patient safety

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Mother of Boy in Juvenile Detention Files Wrongful Death Lawsuit

The mother of a boy in juvenile detention filed a wrongful death lawsuit after the 16-year-old died of a fentanyl overdose while in custody.

The Case: Brenda Arguelles v. County of San Diego

The Court: U.S. District Court, Southern District of California

The Case No.: 23-cv-0321-H-AGS

The Plaintiff: Brenda Arguelles v. County of San Diego

The plaintiff in the case, Brenda Arguelles, is the mother of a 16-year-old boy who died of a fentanyl overdose while in custody at a juvenile detention center in San Diego, California. Brenda Arguelles' son was a minor at the time of his death, so he is not named. The boy was set for release on September 26, 2021. However, before he could be released, there was an incident. On September 5, he was checked into the on-site clinic's emergency room amid allegations of fentanyl use and vomiting. According to the complaint, he was returned to his cell at the detention center the next day, and his mother was not notified of the incident. On September 7, the boy was known to have entered the cell of another detainee, a fentanyl dealer at the detention center. The boy was discovered dead of a fentanyl overdose the next morning. Ms. Arguelles filed the wrongful death lawsuit seeking answers and hoping to hold the County accountable for failing closely supervise her son while in their custody.

The Defendant: Brenda Arguelles v. County of San Diego

The defendant in the case, the County of San Diego, faces allegations that they failed in their duties to closely supervise the minor while he was in their custody. The child's mother also alleges that the detention center failed to protect the juvenile from buying/selling drugs and that his health was not adequately monitored and treated.

The Case: Brenda Arguelles v. County of San Diego

In addition to seeking answers and hoping to hold the individuals who failed to fulfill their duty to supervise her son and keep him safe while in the custody of the detention center, Arguelles' complaint alleged:

1) A lack of appropriate safety checks at the juvenile detention center (which may have been enough to save the 16-year-old's life).

2) The failure to prevent the trade/sale of fentanyl inside the detention center.

3) Poor maintenance of the boy's prescription medication and overall health while in the detention center, and a lack of communication regarding both with his mother.

4) General lack of communication; (the mother claims she received no response to multiple calls to the facility regarding her son).

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Texas Man Files Wrongful Death Lawsuit Against Ex-Wife

In recent news, a Texas man filed a wrongful death lawsuit against his ex-wife and her two friends who assisted her in obtaining an abortion.

The Case: Marcus A. Silva v. Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia

The Court: Galveston County - 56th District Court

The Case No.: 23-CV-0375

The Plaintiff: Marcus A. Silva v. Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia

The plaintiff in the case, Marcus A. Silva, resided in Galveston County and was previously married to defendant Brittni Silva until their divorce in February of 2023. The Galveston County man sued three women under the wrongful death statute, alleging they helped his ex-wife terminate her pregnancy.

The Defendant: Marcus A. Silva v. Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia

The defendants in the case, Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia, include the plaintiff’s ex-wife and two women he alleges assisted her in arranging to have an abortion in the summer of 2022. According to Silva, his now ex-wife allegedly discovered she was pregnant in July 2022, a month after the overturn of Roe v. Wade. She allegedly conspired with two friends who helped her arrange to obtain abortion-inducing medication so she could terminate the pregnancy illegally.

The Case: Marcus A. Silva v. Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia

The case, Marcus A. Silva v. Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia, is the first case of its kind to be brought since the state’s near-total ban on abortion in the summer of 2022. Under Texas law, someone who assists a pregnant woman in obtaining a self-managed abortion commits the crime of murder and can be sued for wrongful death (See Texas Penal Code § 1.07; id. at § 19.02; id. at § 19.06 (murder statute); Tex. Civ. Prac. & Rem. Code § 71.001 et seq. (wrongful-death statute). After learning of the defendant’s involvement, Marcus Silva brought suit against them for wrongful death and conspiracy.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

A Southern California School District Agreed to Implement Safety Changes Along with $15.75M Settlement

After the death of an asthmatic student, a Southern California School District agreed to a settlement of $15.75 million, including requirements that they implement safety changes.

The Case: Sepulveda v. Yucaipa-Calimesa Joint Unified School District

The Court: Superior Court of the State of California, County of San Bernardino

The Case No.: CIVDS2016435

The Plaintiff: Sepulveda v. Yucaipa-Calimesa Joint Unified School District

The plaintiff in the case was the mother of 13-year-old Adilene Carrasco, a Mesa View Middle School student. Adilene Carrasco died after suffering an asthma attack on the school campus. The incident occurred on Halloween 2019. The child's mother alleged the school failed to follow its own safety protocols, resulting in her daughter's death.

The Defendant: Sepulveda v. Yucaipa-Calimesa Joint Unified School District

The defendant in the case, Yucaipa-Calimesa Joint Unified School District, offered a $15,750,000 settlement less than a month before the case was due to go to trial.

The Case: Sepulveda v. Yucaipa-Calimesa Joint Unified School District

In addition to the monetary settlement offered to the student's mother, the district also agreed to the following:

1) partner with asthma medical experts in the area so they could offer appropriate asthma management training to teachers and school staff,

2) adopt the California School Board Association's best practices on school-based asthma management, and

3) implement specific changes to the current protocols on the safety and supervision of students with asthma or other medical conditions.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.