Triathlon Athlete Killed by Speeding, DUI Driver

Brook Boynton from San Clemente died after his Nissan SUV was rear-ended, spun out of control, and rolled over near Laguna Canyon Road.

Boynton was a Chemical Engineer and a regular contestant in Ironman competitions. He was 52-year-old when his life was taken away, a promising life wasted away because of the negligence of a motorist who was intoxicated while driving.

Reports indicate that 37-year-old Richard Ernest Caselli was going more than 100 kph when the accident happened. He was arrested and booked on charges of gross vehicular manslaughter while intoxicated.

Caselli is likely to compensate for the wrongful death of Boynton and pay his family compensatory damages for the damages and grief he caused them.

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Diprivan may Cause MJ’s Death says Nurse

Michael Jackson’s official cause of death is still unknown despite two autopsies conducted on his remains.

In a recent development, Jackson’s nutritionist, Cherilyn Lee disclosed that Jackson had been pleading her for a Diprivan, a powerful sedative taken intravenously. Lee rejected his repeated demands and warned her of its lethal effects once combined with other prescription drugs.

Lee said that while Jackson had been addicted to painkillers, sedatives and anti depressants, he took them to induce sleep which he had been deprived of for a long time.

Although Lee admitted she did not see him have or take such drug, she was certain that a doctor may already prescribe him Diprivan. In fact, four days before Jackson’s cardiac arrest, Lee received a phone call from him complaining that half of his body was very cold while the other half was very hot.

The Los Angeles County Coroner's Office confirmed that drugs were confiscated from Jackson’ s rented Holmby Hills but refused to name them.

As these drugs could not have been availed of without prescription, media attention focused on Dr. Conrad Murray. Murray was the only person present when Jackson became unconscious. He was also the one who administered CPR to Jackson.

Murray’s counsel already denied allegations that his client gave Jackson drugs such as Demerol and OxyContin. There has been no mention of Diprivan or Lidocaine.

In this whole fiasco, one thing is sure: dangerous drugs had been given to Jackson which may have caused his death.

Consequently, the one responsible for accessing this drugs and giving them to the deceased could be punished for wrongful death.

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Heparin Overdose kills Baby

Heparin is a leading anti-coagulant or blood thinner, which is widely used worldwide to prevent and treat blood clots. Just like any other kind of medicine, it can be dangerous when overused.

A rather negligent administration of heparin, which resulted to overdose occurred just recently in the ICU of Christus Spohn Hospital.

It appears that Heparin was given to babies to prevent blood clots in the IV lines. Nurses later on found out that babies were given overdoses of the drug. They tried to remedy the problem by administering counteracting drugs but one of the babies died.

In fairness, the death was still undergoing investigation to know whether or not it was caused by Heparin overdose because it was reported that the baby was seriously sick and could have died from other cause.

But whether the death was caused by Heparin or not, isn’t negligence apparent here? Because of the incident, two staff was said to have left the hospital already.

To those who have experienced personal injury or wrongful death because of Heparin overdose, consult with a personal injury lawyer for possible invocation of your rights under the law – that is to go after those who caused you damage and injury, for reparation.

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Wrongful Death vs. Survivors Action

In every accident, not everybody is lucky enough to get out unhurt. Even those individuals who sustain serious injuries and are badly hurt as a result of accidents could also be as lucky as compared to others.

The worst thing that could happen to a person as a result of accident is loss of life. In case of death of an individual as a result of an accident, California laws provide remedies for heirs and beneficiaries of victims of such death. This is what is known as wrongful death.

However, not all deaths result in instantaneous death. Some injuries as a result of accidents are not easily determined. Some of these serious injuries are head injuries and spine injuries. A person who sustains physical injuries as a result of an accident can file for personal injury claims. Unfortunately, there are cases where the plaintiff, who files claims against the negligent party, later dies due to complications to his or her personal injuries from the accident. In this case, California laws allow the heirs or beneficiaries to continue the suit in favor of the deceased. This, in turn, is what is known as survival action.

The only similarities that may be observed from a wrongful death action as opposed to survival action are:
1. Death of a person; and
2. Claims for damages as a result.

There are many differences between actions for wrongful death and survival action.
First, wrongful death in California is governed by Code of Civil Procedure Section 377.60, while survival action is governed by Code of Civil Procedure Section 377.30.

Second, the people who are allowed to recover damages are different and they are exclusive of each other. In wrongful death, only the people mentioned in the statute can recover damages. The action therefore cannot be delegated to any other person. It is different, however, with survival action. In this type of action, any heir or beneficiary can claim damages as a result of the death of the person who originally has the right to file suit. California courts allow any person, who stands to inherit from the deceased, to file suit on behalf of the deceased, which is not the same for wrongful death cases.

Third, claims for damages are also different and exclusive between two causes of actions. In wrongful death, the purpose of the law is to allow recovery of damages to the family members left by the deceased, funeral and burial costs may be granted to the claimants. Grant of damages also includes the value of future support, loss of love, affection, comfort, training and care as well as sexual cohabitation.

On the other hand, the purpose of survival action is to step in to the shoes of the deceased. Hence, the claim may include everything that the deceased could have claimed if alive. Damages for this type of action include medical expenses and lost of earnings of the deceased.

Last is the counting of the statute of limitations. In wrongful death, which has a statute of limitations of two years, the date is counted from the time of death of the deceased. On the other hand, in survival action, the statute of limitations begins from the time the cause of action actually arose which is prior to the death of the deceased.

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