Articles Posted in wrongful death

Recently, a wrongful death lawsuit was filed against race car driver Tony Stewart. Although the loss of life was tragic, this is going to be a tough case for the family to win. If you saw the news clip, it appears that the young man got out of his car on the race track and walked towards Stewart’s car as it was coming down the track. Apparently, the young man was mad at Stewart for the way he was racing. Regardless, I really believe a jury will have a hard time finding that Stewart is more to blame for the tragedy than the young man who got out of his car and walked towards the oncoming race car.

According to this lawsuit, car driver Kevin Ward Jr. was hit and killed by Tony Stewart on August 9, 2014 during a sprint car race at Canandaigua Motorsports Park. Ward got out of his car after it hit the wall and walked down the track toward Stewart’s car during the caution when he was hit and killed. On September 24th 2014 a grand jury ruled that Stewart would not face criminal charges and Stewart stated that “I know 100 percent in my heart and my mind that I did not do anything wrong.”

This lawsuit alleges that Stewart “wrongfully caused Mr. Ward’s death by acting with wanton, reckless and malicious intent and negligence.” The lawsuit also states that, “As Stewart’s car approached Ward, who was standing on the track, Stewart climbed up, gunned his engine, causing his 700-horsepower vehicle to slide and strike Ward with his right rear tire, crushing Ward and flinging his body an estimated 25 feet down the track.” The lawsuit goes on to claim that Stewart could have easily acted more reasonably and avoided hitting Ward just like all the other drivers did when the passed Ward during the yellow caution flag warning. The Ward family, which is seeking punitive damages, has requested a jury trial. The lawsuit does not specify the amount of damages the family seeks. Stewart-Haas Racing had no comment.

An estimated half a million people in the United States use dialysis, a service that cleans their blood of toxins when their kidneys are failing to work the way they should. There are dialysis centers all over the country, and dialysis patients generally receive this service on a regular schedule that is dependent upon the type of dialysis that they receive and the extent of their renal damage. When patients in Tennessee and across the country use dialysis, they go into these medical centers expecting that the medical professionals are properly trained to give them the correct dosages of medication and to operate the necessary equipment. However, some companies that manufacture dialysis medications fail to warn both doctors and patients when they are dangers and unnecessary risks involved with the medication. This can lead to further injury for patients and even wrongful death. Unfortunately, our Tennessee Granuflo Lawyers have seen several of these cases.

According to a recent lawsuit, in February of 2013, Tanzella Leary claimed that the use of NaturaLyte and/or GranuFlo caused the wrongful death of her husband Darian Leary .On February 28, 2011, Mr. Leary suffered adverse cardiovascular events that led to his death. Mrs. Leary claims that Fresenius Medical Care manufactured and sold dangerous dialysis products, NaturaLyte and GranuFlo that contributed to her husband’s death. Mr. Leary suffered from metabolic alkalosis following a dialysis treatment, a condition that led to his death.
Mrs. Leary alleges Fresenius had been aware of the dangers posed by improper dosage of GranuFlo and NaturaLyte, but failed to disclose these dangers to physicians or the public. The company did release an internal memo that warned of the dangers posed by the products. The FDA did not become aware of concerns about the product risks until the memo was leaked in 2011. Fresenius did not inform other dialysis centers that used GranuFlo and NaturaLyte products about the potentially fatal risk caused by improper dosage.

Mrs. Leary alleges that the physicians who treated her late husband had no reason to suspect that his injuries were linked to GranuFlo or NaturaLyte until the FDA issued a Class I recall of the products in March 2012. The FDA only issues Class I recalls in events that pose the greatest danger to public health. She is seeking damages for all expenses related to her husband’s death, including funeral expenses, medical expenses and emotional distress. She is also seeking punitive damages.
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