Tag: Lawsuit
Brooklyn woman falsely told she was HIV-positive, lawsuit alleges
Mount Sinai Beth Israel Hospital incorrectly told a Brooklyn woman she was HIV-positive, a lawsuit says.
Sandra Peralta went in for HIV testing in March 2016. The results came back positive, according to the Brooklyn Supreme Court suit, but the results of two more rounds of bloodwork were negative. The hospital told Peralta the negative conclusion was “final.”
But then a hospital employee left Peralta a phone message saying she in fact had HIV, the suit says. She was told the same thing when she called the hospital back, it says.
Before discovering once and for all that she was HIV-negative, Peralta underwent “unnecessary medical procedures” and “suffered a loss of marital intimacy,” the suit says. She could not be reached for comment.
“We are not in receipt of a complaint from this patient,” Mount Sinai said.
via: https://nypost.com/2019/03/16/brooklyn-woman-falsely-told-she-was-hiv-positive-lawsuit-alleges/
Daycare used Magic Eraser on kids’ faces, caused chemical burns
Parents in Denver are searching for answers after their children received chemical burns at a daycare.
The parents believe a teacher is responsible for the chemical burns caused by an incident involving a magic eraser in May.
“The two teachers came up to me when I picked him up and said, ‘your son and another boy got into a marker fight.’ And immediately my son said ‘Mommy my throat hurts,” parent Caitlin Sims said.
Sims was the first parent to be notified about her child’s injuries.
“The teacher said, ‘oh, I’m so sorry. I must have been scrubbing you too hard when I cleaned you,” Sims said.
Joel and Stacy Dant did not find out about what happened to their son until hours later.
“It just looked red, like just redness was all. And then the next day was whenever it like really started to show,” Stacey said.
Both sets of parents returned days later to review surveillance video.
“It was the toughest thing that my wife and I have ever seen,” parent Josh Sims said.
They say the scabs on both of the boys’ faces does not show the real trauma.
“Pushing her thumb into his neck, ripped him backwards and pulled him over backwards, to the extent that he buckled,” Josh said.
The Dants and Sims’ say they started getting different stories from the school about what happened and what could be done.
“Frankly, we expected the school to advocate a little bit more for us,” Josh said.
Online records showed the school is under probation, but does not show any injuries or complaints in the past three years.
Child protective services told the Sims’ it could be a few more weeks before a report is ready.
The lawsuit filed is against the school, its parent company, and the teacher involved.
A statement from the school’s company says it has taken the appropriate steps and will continue their investigation.
Tamar Braxton’s Husband Ordered to Pay Sony $3.7 Million
Tamar Braxton’s husband and business partner, Vincent Herbert, has been ordered to pay Sony almost $4 million.
Music exec Vincent Herbert was ordered to pay up after a judge sided with Sony in their legal battle over a 2013 advance. According to the lawsuit Sony paid Herbert to find new talent, and part of the deal required payments back from Interscope Records.
However, Sony sued Herbert, claiming he started intercepting the money from Interscope in October 2015, in turn cheating Sony out of recouping the advance.
Herbert failed to respond to the lawsuit, and the judge issued a default judgment. Now, including interest, Vince has to pay $3,738,515.93 to Sony.
We caught up to Tamar this weekend and she responded to ruling: “Lies!”
Just kidding… share your thoughts below.
Article via: http://www.tmz.com/2017/09/27/tamar-braxton-husband-vince-herbert-ordered-to-pay-sony/
Woman sues Starbucks claiming hot tea killed her dog, badly burned her
DENVER – A Denver woman is suing Starbucks over hot tea that she claims caused second-degree burns and killed her dog, according to KDVR.
Deanna Salas-Solano, 58, claims the lid of the tea was not secured onto her cup when she bought a 20-ounce hot tea at the drive-thru Starbucks at 5835 Leetsdale Drive in Denver on Sept. 26, 2015.
The lawsuit, filed in Denver District Federal Court on Friday, states hot tea spilled out of the cup through an unsecured lid and onto Salas-Solano’s body.
The tea was so hot that Solas-Solando said it melted through her clothes and caused severe pain to her stomach, legs, and lap.
The lawsuit claims the tea did not have a hot cup sleeve and was not double-cupped. It was so hot, the temperature of the cup began to burn her hands, according to the lawsuit.
As Salas-Salano was screaming in pain, she claims her dog Alexander jumped onto her lap, causing the hot tea to spill onto him.
According to the lawsuit, Alexander was taken to an emergency veterinarian hospital but “ultimately succumbed to the injuries caused by the tea, dying a short time later.”
Salas-Solano was taken to Rose Medical Center for severe burns and underwent surgery the next day at the Swedish Medical Center Burn and Reconstructive Unit.
The lawsuit states she was diagnosed with “Two percent total body surface area second-degree burn injury to the abdomen and bilateral thighs.”
She would later need skin grafts.
The lawsuit claims Starbucks had received previous complaints about failing to provide hot cup sleeves and securing cup lids when serving customers with hot coffee or tea.
The complaint states Starbucks had a written policy to “double-cup” hot tea.
The lawsuit seeks claims that exceed $100,000.
“We have video evidence that clearly contradicts the claims made by the plaintiff and believe they are without merit,” Starbucks said in a statement. “We look forward to presenting our case in court.
“While we are sympathetic to Ms. Salas-Solano and the injuries she sustained, we don’t have any reason to believe our partner (employee) was at fault.”
Starbucks’ legal team would not provide a copy of the video, but it did allow it to be reviewed.
It shows Salas-Solano on her cellphone with her dog in her in her lap as she buys the tea.
The video also shows the hot tea did have a hot sleeve and it appears the lid was secure, though the video is not conclusive.
In the video, it’s hard to tell if Salas-Solano grabs the cup by the hot sleeve or by the lid when she accidentally spilled it.
It’s hard to determine if she spilled the tea because of the cup’s hot temperature or because she was distracted by her cellphone use or if perhaps her dog bumped into the cup while he stood in her lap.
The lawsuit might sound similar to a famous 1994 case involving McDonald’s and hot coffee.
In that case, a New Mexico jury awarded $2.86 million to Stella Liebeck, a 79-year-old woman who suffered third-degree burns across her pelvic region when she accidentally spilled hot coffee in her lap.
Ultimately, the judge reduced the final verdict to $640,000.
McDonald’s appealed and the two sides settled for a confidential amount before the appeal was decided.
via: http://wreg.com/2017/09/12/woman-sues-starbucks-claiming-hot-tea-killed-her-dog-badly-burned-her/
Tomi Lahren files wrongful termination suit against Glenn Beck, The Blaze
Conservative political commentator Tomi Lahren is suing her former employer for wrongful termination, which she claims was a result of her pro-choice opinions.
Lahren was suspended and then fired by The Blaze last month, just days after expressing a pro-choice stance in an appearance on the television show The View.
“I can’t sit here and be a hypocrite and say I’m for limited government but I think the government should decide what women do with their bodies,” she said during the talk show’s March 17 episode.
The lawsuit, filed in Dallas County Friday, states that her remarks were “applauded” by a producer who traveled with her for the appearance on The View. It also states she received “congratulatory” messages from co-workers at The Blaze.
“No one told [Lahren] that her statements on The View were either improper or inappropriate; and, indeed, [Lahren’s] point of view is just that—her point of view and freedom of expression,” the suit reads.
It states that Lahren had expressed pro-choice beliefs before, and that those beliefs are “in no way inconsistent” with the obligations of her contract with The Blaze.
The network sent the following statement to WFAA when asked for comment:
“It is puzzling that an employee who remains under contract (and is still being paid) has sued us for being fired, especially when we continue to comply fully with the terms of our agreement with her.”
The Blaze still intended to pay Lahren after her dismissal from the network, “presumably hoping they could find an exit strategy to sanitize their unlawful conduct,” the suit states. Her contract was set to expire on Sept. 30.
Glenn Beck, who founded The Blaze, did not provide additional comment.
Beck claimed the firing wasn’t a result of Lahren’s pro-choice beliefs, but spoke out against her comments on his radio show, saying they reflected a “recent” change in her views. He also expressed his disapproval on Twitter.
The lawsuit calls the reaction by Beck and others at The Blaze a “public smear campaign” meant to “embarrass, humiliate, and undermine [Lahren’s] reach to her audience on social media and elsewhere.”
Employees at The Blaze placed yellow caution tape in the shape of an “X” on Lahren’s dressing room door at the company’s Irving offices.
“[Lahren’s] unilateral suspension and termination by [The Blaze] underscores the point that Beck and TBI have a political-opinion litmus test, which cannot be reconciled with the Employment Contract that specifically authorizes Plaintiff to express her own views without the threat of retaliation,” the lawsuit reads.
Amy Holmes, a former anchor for The Blaze who is also pro-choice, stood up for Beck on Twitter this week, saying he “never made politics an issue.”
Lahren was asked to remain silent on social media, where she has over 5 million collective followers, according to the lawsuit. As of the publishing of this story, the last post on her Facebook fan page was dated March 19. She has continued to post on Twitter and Instagram.
The lawsuit asks for a temporary restraining order against The Blaze, which would prevent the network from infringing on Lahren’s right to speak freely and from the network’s representatives interfering with any evidence in the case.