Category: Lawyers

Car and Motorcycle Fatally Collide on South Carolina’s I-95

Thursday was a tragic day on Interstate 95 after a tractor trailer and a Kawasaki motorcycle collided. The bike, driven by 20-year-old Joshua Wilson Pinilla, hit the back of a car. He was then thrown from his motorcycle and the tractor trailer ran over him.

At approximately 5:00pm close to the Sheridan Street exist, Pinilla was pronounced dead. The driver of the truck and the car were not injured in the accident.

As a result of the crash, there was a significant traffic jam, as three lanes were closed for cleanup and investigation. Investigators talked to witnesses and surveyed the wreckage before clearing the scene.

Pinilla is described as both a motorcycle and a car enthusiast. He was on his 2009 Kawasaki motorcycle going south on the highway. He rear-ended Doracy DeMagalhaes-Burns’ 2008 Chrysler.

After his bike hit the back of the Chrysler, he was catapulted into the air and the truck Gregory Barrington Henry was driving, a 2001 Freightliner Truck, hit Pinilla.

The media reached out to the parents and other family members of Pinilla after the accident. They did not respond and appear to understandably want their privacy at this time.

However, George Pinilla, the victim’s father, wrote about his son on his son’s Facebook page to express his sadness over this tragedy. He wrote, “Rest in peace my son. I love you so much, I wish God would have taken me instead. You have no idea how much I love you. I miss you and I would give my life for you.”

Pinilla went to Weston’s Cypress Bay High School. He was a frequent part of the local motorcycle community and belonged to several online groups for this purpose. He was a member of a group that works to promote motorcycle safety and raise awareness about motorcycle accidents in South Florida, known as Rider Down.

Pinilla shared his last photo on his Facebook page on February 9, 2016. The photo was of his black Kawasaki motorcycle and the caption that does with the photo read, “Because new exhaust…”

“When loved ones get a call that there has been an accident, their first and only thought is how the victim is doing. Issues of liability are the furthest thing from their mind,” says Joe and Martin, attorney and managing partner at a top South Carolina personal injury firm. “This is where I come in. I want the victim and their family to focus on what is most important and I am there to help them deal with the legal aspects of the situation.”

Authorities are still investigating this case to determine the cause of this fatal accident. At this time, the family of Pinilla are maintaining their privacy and mourning their loved one in private. Police department is willing to accept all the information and the help they can get from eye witness and they hope this will be resolve soon. It is unknown how long it will take to complete the investigation to bring this tragic accident to a conclusion.

$30 Million Jury Award to Be Used to Pay Daughter’s Medical Bills and to Provide for her Future

In Massachusetts, it has been determined that a little girl born to Luis Gallego and Jeanette Gutierrez suffered a severe brain injury as a result of her doctor’s negligence during her birth. When the parent’s first filed their claim, they named six of the doctors who attended to their daughter. The court ruled that five of the doctors did nothing to contribute to the child’s medical condition. The sixth doctor, Dr. David Seubert, was another story.

When Jeanette Gutierrez was 28 weeks pregnant, she was admitted to Baystate Medical Center because her baby showed significantly reduced movement. The second day of Gutierrez’s stay, her unborn daughter’s heart rate decreased.

The girl, now 11 years old, was born at Baystate Medical Center, which was not a defendant in the case. Her mother arrived at the hospital on September 5, 2004, at 28 weeks pregnant, because the baby’s movements had decreased. Seubert was supposed to be the doctor on call at the time, but he was not at the hospital. Had he been at the hospital, the c-section Gutierrez required could have started immediately. Instead it was delayed several hours during which time her heart rate continued to decrease. By the time she was finally delivered, she was unresponsive and the attending medical staff had to resuscitate her. It’s believed her brain injury is a result of the lack of oxygen rich blood.

The child lived, but she’ll never be able to enjoy a normal life. Not only is she legally blind, but she lacks the motor skills needed to walk, talk, and to feed herself. She can only breath as a result of a tracheotomy and she must be fed via a gastric tube.

Her parents care for her with the help of an in home nursing service.

When the trail hearing concluded, the family was awarded a $30 million. $1.04 million was set aside to help cover the cost of past medical bills, $16.1 million has been set aside to cover the cost of future medical bills. The rest of the money is for physical and mental pain, and to cover the daughters lost earning capacity.

As sad as this story is, it’s not an uncommon one. Statistics indicate that during every hour, an average of 3 newborns suffer a birth injury. Some of these injuries are major, such as the one sustained by Luis Gallego and Jeanette Gutierrez’s daughter, while other’s are minor and don’t impact the child’s future. Many can be avoided.

If you have a child who suffered an injury during labor, you need to contact a birth injury lawyer and discuss the details of the case, or visit this site Based on the information you provide, your birth injury lawyer will determine if there’s enough evidence to suggest medical malpractice. If there is, they’ll guide you through the steps needed to make a civil case.

Not only does pursuing a medical malpractice case following a birth injury help you settle your child’s future and pay medical expenses, but it also reminds the medical community that they always have to be diligent while they are caring for patients.