Personal Injury

A woman’s live-in boyfriend has been charged with inflicting neck and head injuries that resulted in the death of a 22-month-old little girl.

The mother told authorities that the defendant wanted her to stand by him through the criminal proceedings, but she said she had also been physically abused by him.

Dilworth, Minnesota resident Raul Perez, 24, was charged with two counts of second-degree murder in the August 31 incident that caused the death of Ariel Reyes.

It was not long after Ariel’s death that her mother told authorities that she had experienced several months of physical abuse at the hands of Perez, according to the criminal complaint. She said the abuse included him beating her and lifting her from the floor by her hair. She says that Perez also burned her with a lighter.

When being questioned by the police, Perez denied striking or shaking Ariel and said that he had never harmed any of his three sons, according to the complaint.

The criminal complaint says that on August 29, just before noon, paramedics responded to a call to go to the home in Ada, Minnesota where they saw Perez trying to revive Ariel through mouth-to-mouth. She did not respond and died 48 hours later at a hospital in Fargo. It was then that the medical examiner found head and other injuries.

When the incident allegedly occurred, Perez was watching the little girl and her 5-year-old brother while their mother went to the grocery store and stopped at a gas station.

After paying for gas, the mother saw Perez running down the street, holding the 5-year-old and saying that Ariel was not breathing and that an ambulance was on its way.

A doctor noted that there were many injuries to the little girl, including forehead, jaw, shoulder, and thigh bruises. There was also bruising at the base of her spine and she was diagnosed with a number of brain injuries, including bleeding in her eye.

At the hospital, the mother said that Perez said he did not want to go to prison because that would mean he would have to leave his three boys. This is when he allegedly asked her to not turn her back on him.

Perez told police that Ariel had said something to him that made no sense, so he picked her up to get her to stand up and she fell to the floor motionless, which is when he then tried resuscitating her.

If you are the parent of a child that has suffered a serious personal injury, help is available. Contact a Minneapolis personal injury attorney from TSR Injury Law for a free, no obligation consultation. Ph: (612) TSR-TIME.

Recovering from an injury can be costly in every sense of the word. Treatment for physical and sometimes psychological damage is usually expensive. A serious personal injury can cause you to miss work or even to lose your job. In addition, the emotional drain of all this stress and adversity can take a real toll on your quality of life. TSR Injury Law hopes the following ideas help you determine whether to call a Minnesota Personal Injury Lawyer. In order to file a personal injury lawsuit:

• you must have a legitimate problem
• you should assess the situation and if it cannot be satisfactorily resolved any other way, it is a good idea to pursue a lawsuit
• if someone’s negligence or error is costing you in hospital expenses and lost wages
• if the insurance company is giving you the run around

If you feel you have grounds for a lawsuit, do not wait too long to contact a personal injury lawyer because details can be forgotten, evidence can be lost or compromised, and the statute of limitations may run out.

You will need an experienced and dedicated Minneapolis personal injury lawyer to review your case, offer advice, and argue for your rights in court. The laws surrounding legal responsibility and personal injury can be very complex. It takes a skilled Minnesota personal injury lawyer to navigate the legal language and argue persuasively in court.

The birth of a baby should be a joyous time. We are sorry that your joy has been shattered by an infection due to negligence on the part of the birthing facility. To talk to an attorney about a newborn infection due to negligence, contact TSR Injury Law, at (612) TSR-TIME or submit our free consultation form. We want to help you through this difficult situation.

One of the first rules of maintaining a hospital is to keep every room and piece of equipment sterile. This is especially true in maternity wards. Newborn infants are more vulnerable to serious illnesses than adults or even older babies. Every well-informed new mother is aware of this risk, and should be able to trust her hospital to provide an adequately clean environment.

Infections to Look Out For

Some of the most common and dangerous infections among newborns include:

• Group B Streptococcal Disease (GBS): Bacteria that can be spread from the mother to the child, or from one infant to another. Can cause pneumonia, septic blood, or meningitis.
• E. Coli: While harmless strains of this bacteria live in everyone, other strains can be deadly. An infant exposed to E. coli can develop severe diarrhea, fever, and even kidney failure.
• Listeriosis: A disease caused by bacteria that is primarily found in newborns and people with compromised immune systems. If left untreated, it can damage the nervous system, heart, and brain.
• Neonatal Sepsis: An invasive bacterial infection of the blood that premature babies are susceptible to because of their underdeveloped immune systems. If untreated can lead to death.

The early stages of almost any infection are similar in newborns: fever, listlessness, fussy, less vigorous sucking, and loss of appetite. If your infant begins showing these symptoms, contact a doctor immediately. If your child has suffered from a preventable infection, contact a Minnesota Newborn Infection Attorney.

Need Some Legal Help?

Our Minneapolis medical malpractice attorneys are skilled, aggressive litigators with years of experience. Our partners have been named Minnesota Super Lawyers many times. Call (612) TSR-TIME or submit our contact form.

TSR Injury Law is a leading personal injury law firm with extensive experience with meniscus tear injuries. We recently settled a case with multiple injuries, including a knee injury, for 1.7 million dollars.

The knee is the largest joint in the body and critical to good mobility. If you have sustained a meniscus tear in an accident that was not your fault, you need legal representation to prove future damages and maximize your compensation. Call (612) TSR-TIME or submit our free consultation form. Call today. We want to help.

About the Knee Joint and Meniscus

The knee is comprised of 3 bones: the femur, tibia, and patella. The meniscus are rubbery, wedge-shaped cushions between the femur and tibia. They are anchored to the tibia with coronary ligaments. The meniscus help to distribute weight across the knee joint and improve the stability of the joint. Meniscal tears are one of the most common knee injuries.

The most central part of the meniscus is avascular, no direct blood supply. Without oxygen and nutrients supplied by the blood, healing cannot take place. If the tear is in this area, healing will tend to be incomplete. It will most likely require surgery to trim the torn portion of meniscus.

One of the most common causes of a meniscus tear is due to traumatic injury. In a car accident, truck accident, motorcycle accident, or slip and fall accident a meniscus tear occurs when the knee joint is bent and then twisted. It is very common for a meniscus tear to occur along with an injury to the anterior cruciate ligament (ACL) and the medial collateral ligament (MCL).

Meniscus Tear Symptoms

Pain and swelling are the primary symptoms of a meniscus tear. Other common complaints are:

• knee joint locking
• tenderness when pressing on the meniscus
• popping or clicking within the knee
• limited motion due to the torn cartilage interfering with the joint mechanism of the knee

Diagnosing and Treatment of Meniscus Tears

X-rays and MRIs are the most frequently used tests in diagnosing meniscus tears. An x-ray does not show the meniscus, but can be used to determine if there is evidence of damage to the knee joint. The MRI is the most beneficial test because it can create better images of the soft tissues. It can actually show the meniscus, including any tears or damage.

Treatment of meniscal tears depends on several factors, because not all meniscus tears require surgery. The type of tear you have, your age, activity level, and any related injuries will factor into the doctor’s recommendation for your treatment plan.

Arthroscopic surgery may be necessary. Knee arthroscopy is a very commonly performed surgery. The surgery involves cutting 3 small slits; one for a miniature camera, the other two for miniature surgical instruments. The meniscal tear will either be sutured, trimmed, or removed. A meniscal transplant is another possibility.

Meniscus Tear Risks and Recovery

There are risks with every surgery. The greatest risks with knee arthroscopy are:

• nerve damage
• infection
• bleeding
• reaction to anesthetic

Following surgery, the doctor may put your knee in a cast or brace to limit movement. Once the knee is healed, rehabilitation exercises will be prescribed. Regular exercise is necessary to restore the knee’s range of motion and strength.

The LASIK Procedure

LASIK stands for Laser-Assisted In Situ Keratomileusis. It is a procedure that permanently changes the shape of the cornea, the clear covering of the front of the eye, using an excimer laser. A mechanical blade is used to cut a flap in the cornea, leaving a hinge on one side of the cornea. The flap is folded back revealing the midsection of the cornea. Pulses from a computer-controlled laser vaporize a portion of the corneal cells and the flap is replaced.

Risks and Limitations

Even with the most skilled surgeons you can experience complications and serious consequences, including:

• Malfunction of a device or other error, such as cutting a flap of cornea all the way through instead of making a hinge during LASIK surgery, may lead to discontinuation of the procedure or irreversible damage to the eye.
• Some complications after surgery are:
  • migration of the flap
  • inflammation or infection
  • may not work and may require another procedure
  • intensive treatment with drops
  • may still need reading glasses
  • visual symptoms (glare, halos, starbursts, etc.)
  • unable to drive at night
  • contrast sensitivity (unable to see in dim light)
  • temporary loss of vision
  • irreversible blindness

According to the FDA, 700,000 LASIK surgeries are performed in the United States each year. 35,000 of the patients are dissatisfied with the outcome and 7,000 people suffer severe complications — including extremely uncomfortable eye dryness, intense eye pain, or varying degrees of blindness. Some patients have even become depressed from the constant pain and committed suicide. Two years after surgery one patient described the pain as “debilitating and unremitting”.

Injured? Need Legal Advice?

Knowing who to contact after a serious injury can be a very difficult process for injury victims. At TSR Injury Law, our Minneapolis medical malpractice attorneys are legal professionals with extensive experience with malpractice cases. We will answer your questions, deal with the doctors and insurance companies, handle all of the paperwork, and file your claim. To speak to a lawyer, call (612) TSR-TIME or submit our contact form and a member from our legal team will be in contact with you shortly.

TSR Injury Law – Free Consultation. Ph: (612) TSR-TIME.

Minnesota Statute §346.16:

Running at large; defined; prohibited; triple damages

The herding of any animal of the species of cattle, horse, ass, mule, sheep, swine, or goat upon any land over the protest and against the will of the owner shall be deemed a running at large.

It shall be unlawful for any owner or any person having the control of any such animal to permit the same to run at large in the state.

Any person who shall knowingly permit the running at large of any such domestic animal [including dogs] shall be liable to the person aggrieved for treble damages sustained by the aggrieved person, to be recovered in a civil action brought for that purpose.

Minnesota Running at Large: Example Case

Plaintiff Rhea was injured by defendant’s horses while on defendant’s property. He sued on the grounds that the horses were permitted by defendant to run at large in violation of a statute. The trial court held the statute did not apply in this situation and the Court of Appeals agreed. It held that the running at large statute does not apply to horses running on their owner’s own property. Rhea v. Lashua WL 31173, 1999

Hurt In A Running At Large Incident?

If you have any questions about the running at large statute, contact our Minneapolis personal injury lawyers today. The attorneys at our law firm have years of experience in Minnesota Personal Injury Law and a reputation for aggressive, persuasive representation. Call (612) TSR-TIME.

Dog bites are the most common form of animal attacks in the U.S., and therefore receive the most attention from the media and health professionals. This does not make attacks from other kinds of animals any less serious, however. In fact, cat bites or scratches can be far more dangerous than many people realize.

Cat Bites and Infection

Unlike dog bites, which can create immediately obvious injuries such as severe lacerations, cat bites are usually small and may not even bleed. They do carry the risk factor of infection.

It is the design of cats’ teeth that makes the risk of infection so high. They are thin and sharp, so cat bites often create puncture wounds. This allows the bacteria in a cat’s mouth to be pushed deeply into the skin, sometimes through several layers of tissue. The very small punctures created by these wounds also make them more difficult to clean thoroughly.

Cats are most likely to bite people’s hands than other parts of the body, which also contributes to the risk of medical complications. Hands have many tendons, veins, and joints that are close to the skin, making them vulnerable to injury. A cat bite that is located near a joint is at an especially high risk for inflammation or bone infection.

What to Do After a Cat Attack

While cat scratches can become infected, they are far less likely to do so than bites. For a minor scratch, cleaning and bandaging the bite will probably be enough. In contrast to this, around 80% of cat bites become infected. If you have been bitten by a cat, it is important to seek medical attention right away.

Speak with a Minneapolis Cat Bite Attorney

If you or a loved one has been attacked by a cat that was not properly trained or supervised by its owner, you may have grounds for a personal injury suit. To speak with a Minnesota personal injury lawyer, contact TSR Injury Law at (612) TSR-TIME or submit our contact form.

It continues to be a deadly weekend in the Twin Cities. Police are now investigating a St. Paul accident that occurred on Saturday morning. Officers and paramedics were called to Payne Avenue and Parkway Drive after someone reported an SUV / car accident.

The 19 year-old driver of the car was pronounced dead at the scene. The name of the driver is not being released pending family notification. The female driver of the SUV sustained serious injuries and was taken to Regions Hospital. The male passenger suffered minor injuries and was also taken to Regions Hospital.

Witnesses reported that the car was traveling at a high rate of speed as it entered the intersection, after failing to stop at the stop sign. The SUV had just stopped at the stop sign and proceeded to make a left turn onto Payne Avenue when it was struck by the car. There were no obvious signs of drugs or alcohol use involved in the car crash, according to police spokesman, Paul Schnell.

TSR Injury Law can answer your questions about car accident claims, including how no-fault insurance works, underinsured motorist, uninsured motorist, wrongful death, and negligence. Our Minneapolis car accident lawyers have years of experience and are trial-tested.

We have an excellent record of recovery for victims and we know how to fight for compensation for you. Call (612) TSR-TIME or submit our contact form.

By Richard A. Ruohonen

The following article was published in the Minnesota Association for Justice magazine, and Rich has rewritten the article for publication in the Indiana Trial Lawyers Association magazine. Click on the link at the bottom to read the full article.

Convincing a jury your client experienced a traumatic brain injury can be very challenging. You first must overcome an unrealistic perception that even extreme trauma results in little long-term damage. Movies, wrestling and sports in society all perpetuate myths of invincibility. Athletes, for example, often further perpetuate these myths playing through concussions and fans rarely see any off-the-field symptoms. Although proving the reality of traumatic brain injury is often difficult, proving these injuries are generally easier than proving other nonvisible injuries, such as soft tissue neck and back injuries. Unlike experts in other areas, the neuropsychological experts in traumatic brain injury universally agree on certain fundamental principles and will generally readily admit very helpful points in cross examination. Minnesota’s statutes are also beneficial in helping you prove your client’s injuries.

Effective cross examination of the defense neuropsychologist can be accomplished by directly debunking the myths associated with traumatic brain injury. This article provides you with ammunition for effective cross examination of the neuropsychologist followed by a list of specific questions which can be asked of the neuropsychologist to debunk each myth.

The cervical facet joint is the most common source of chronic neck pain after a motor vehicle crash. The lumbar and thoracic spines also have facet joints. The facet joints are the small joints in the back of our spine that allow us to bend and twist our neck and back.

Anatomy of Facet Joint

The facet joint is made of a variety of hard and soft tissues.

• The boney pillars of the facet joints provide opposing surfaces for the joint.
• Those boney surfaces are covered in cartilage.
• The synovium is a connective tissue lining the fibrous capsule that secretes synovial fluid which lubricates the joint and enables frictionless motion.
• The fibrous capsule ligament envelopes the entire joint.

Mechanism of Injury

Biomechanical and autopsy studies indicate that the facet joints can be damaged in motor vehicle crashes. Facet joints are the most common source of chronic pain after a whiplash injury. Facet injuries can include:

• Capsular strain and tears
• Boney impingement
• Synovial fold pinching
• Direct impact injury resulting in contusion
• Intra-articular hemorrhage
• Damage to subchondral bone

Diagnosis

Facet injuries cannot be diagnosed on MRI scan. Facet joint injury is diagnosed using a medial branch block. To do this test, a doctor uses a needle that is inserted up against the medial branch of the nerve to place a numbing medication on that nerve. If the pain is relieved, this confirms injury to the facet joint is the pain generator.

Treatment

The chronic pain stemming from injury to the facet joint can be relieved by using a procedure known as radio frequency neurotomy. Using x-ray guidance, a doctor inserts a needle parallel to the targeted nerve. A radio frequency generator is then used to heat the tip of the needle. The heat burns the nerve so that the pain signal is interrupted and cannot reach the brain. The RFN procedure is not a permanent cure as the nerve will regenerate and grow back and when it does, the pain will return.

Pain relief generally lasts between 9 to 18 months depending on the patient. The RFN procedure can be repeated indefinitely when the pain returns.

Contact a Minneapolis car accident lawyer at (612) TSR-TIME. We represent back injury victims in Albert Lea, Bloomington, Duluth, Minneapolis, St. Cloud, St. Paul, and the entire state of Minnesota.

Hyphema is a condition where blood accumulates in the front chamber of the eye between the cornea and iris. It is usually caused by blunt trauma to the eye. A direct hit to the eye can break blood vessels in the iris, causing them to leak blood into the anterior chamber and mix with the clear aqueous fluid, blurring vision. The blood may appear as a reddish tinge to the eye, or it may be a pooling of blood at the bottom of the iris.

Hyphema Symptoms and Treatment

Because there are times that the blood is not visible, victims of eye trauma need to be aware of other symptoms. They include:

• eye pain
• light sensitivity
• blurred vision
• elevated eye pressure

In mild cases of hyphema, the blood can be reabsorbed with no treatment. For more severe cases of hyphema, treatment includes:

• bed rest with head elevated 45-60 degrees with both eyes closed
• use of ice packs
• avoid strenuous activity
• removal of the blood if the eye pressure increases
• eye drops

Do not take aspirin or NSAIDs. They thin the blood and could lead to additional bleeding.

Hyphema Complications

Any injury to the eye can be frightening. It is vital to follow treatment instructions to obtain the best possible recovery. The complications following hyphema include:

• recurring bleeding
• glaucoma
• damage to the cornea (causing permanently cloudy vision)
• loss of vision

Experienced Legal Counsel

TSR Injury Law is a premier Minnesota personal injury law firm with extensive experience handling eye injury cases. Our personal injury lawyers are experts at proving liability in complex medical cases. Call (612) TSR-TIME or submit our free consultation form.

“Dog bites man” does not get a lot of attention in the news, but it costs insurance companies hundreds of millions in claims every year.

State Farm Insurance, one of the nation’s largest home insurers, paid more than $109 million on about 3,800 dog bite claims nationwide last year, spokesman Eddie Martinez said Wednesday. In 2010, there were about 3,500 claims and $90 million in payouts.

The Insurance Information Institute estimated that nearly $479 million in dog bite claims were paid by all insurance companies in 2011, spokeswoman Loretta Worters said. In 2010, it was $413 million.

It’s no surprise that California — home to more dogs and people than any other state — led the way in 2011.

Martinez says 527 claims were filed in California and victims received $20.3 million, a jump of 31 percent over 2010.

State Farm is still working to determine reasons for the spike, Martinez said.

About 4.7 million people are bitten by dogs each year and more than half of the victims are children, the Centers for Disease Control and Prevention said. About 800,000 people seek medical attention for the bites. Less than half of those people require treatment, and about 16 die, the agency said.

Children ages 5- to 9-years-old are the largest at-risk group. Seniors represent the second largest at-risk group, followed by letter carriers.

Nationally, in each of the last two years, about 5,600 U.S. Postal Service letter carriers were attacked by dogs, said Los Angeles spokesman Richard Maher.

In California, a carrier was attacked in March and died of complications four days later, after she suffered a stroke likely caused by trauma, Maher said.

Los Angeles carriers recorded the most bites with 83; San Diego was second with 68; followed by Houston at 47; and Cleveland at 44.

Medical expenses from dog attacks cost the Postal Service just over $1 million last year, officials said.

The third full week each May is National Dog Bite Prevention Week and State Farm, the U.S. Postal Service, the American Veterinary Medical Association and CDCP release dog bite statistics and launch campaigns to promote dog safety.

Despite the large number of attacks on letter carriers, the Postal Service decided to focus on children for their campaign, because a child is 900 times more likely to be attacked than a letter carrier, Maher said.

Heredity, training, socialization, health, and the behavior of humans around it can all contribute to a dog’s tendency to bite, Martinez said.

The ASPCA predicts half of all children in the United States will be bitten by a dog before age 12. The majority of bites will be from the family dog or the dog of a neighbor or friend.

People across the country own about 78.2 million dogs, according to the American Pet Products Association.

State Farm’s figures listed the top 10 states by number of claims, claims paid and claim average.

California was at the top in the first two categories, then Illinois: 309 claims, $10 million; Texas: 219 claims, $5.1 million; and Ohio: 215 claims, $5.4 million.

Maine, New Mexico, Montana, Hawaii and South Dakota were at the bottom of the claims per state list, Martinez said.

The average cost per claim nationally in 2011 was $28,799, Martinez said.

California had a per-claim average of $38,500, but New York came in first because the company paid an average of $45,900 per claim in the state. Michigan was second with an average $38,700 per claim.

In 2010, California led the way with 369 claims and $11.3 million in total payouts. The average cost per claim in the state was $30,000, placing it second behind Florida, where the average cost per dog bite claim was $38,400. Florida had 146 claims, for a total of $5.6 million.

There are ways to help a child avoid dog bites, the ASPCA says.

A youngster should never stare into a dog’s eyes, tease a dog, approach a chained dog, touch an off-leash dog, run or scream if approached by a loose dog, play with a dog while it is eating, or touch a dog while it is sleeping. If a loose dog comes close, children should stand very still and be very quiet. Always ask a dog’s owner for permission to pet it, and let the dog sniff your closed hand before you start touching it.

Food poisoning and food borne illnesses can result in serious illness and devastating consequences. Some food borne illnesses are potentially life-threatening and can lead to kidney failure, among other things. The most common food borne illnesses we see are E. coli, salmonella, hepatitis A, botulism and listeria outbreaks. People most at risk for serious illness include children, the elderly, and women who are pregnant.

If you have suffered any illness due to food poisoning, then you may have a legal case. The manufacturer of the food that may you ill — whether it was bought in the grocery store, bought by a vendor or bought in a restaurant — should be held responsible for this accident.

Symptoms of Food Poisoning

Food poisoning results in a number of serious and painful symptoms; from dizziness, nausea, stomach cramps and diarrhea to weakness, jaundice and even death. There have been known cases where young children have been hospitalized, but unable to survive the illness; where elderly patients have been too weak to fight back against the food borne illness; and where pregnant women have lost their unborn child due to food poisoning outbreaks. Regardless of your age or your situation, food poisoning can come with devastating and often tragic consequences.

Food Poisoning Litigation

At TSR Injury Law Firm, we understand how hard this is for you. We are here to fight for your legal rights so you can concentrate on recovery and moving forward. When handling a food borne illness case, we look at a number of factors including microbiology, epidemiology, sanitation, food safety and agricultural aspects, and look closely to find a link between contamination, causation and damage to the victim. If your food borne illness is the fault of a manufacturer, then you could be looking at a product liability or wrongful death case.

Food Borne Illness Lawsuits

Food poisoning can occur in a number of different types of food. Dairy products, such as cheese, milk, yogurt and egg, carry a high risk of listeria; while meats often come with recall notices of salmonella or E. coli. Just recently, there was a large recall for hazelnuts and mixed nuts containing E. coli. Even foods like alfalfa sprouts, sandwiches and cantaloupes have been recalled for suspected causation of food poisoning in consumers.

The harsh reality is: you never know what foods could make you sick. However, what you can do is contact an experienced food borne illness lawyer as soon as possible. We have worked with several clients suffering from food borne illnesses, including a recent man suffering from food poisoning after the hazelnut E. coli outbreak.

Food Borne Illness Lawyers

At TSR Injury Law Firm, we know how serious food borne illnesses can be. Not only could you be physically suffering, but you may also need to take time off work, lose out on income and face serious aftermath due to this illness. We believe our clients deserve fair compensation for their suffering and we won’t stop until you get it. Don’t let food poisoning stop you in your tracks. Contact the leading MN injury lawyers at TSR Injury Law Firm at (612) TSR-TIME today.