Defendant sentenced for leaving the scene of the collision
Posted by: euser
June 23, 2009
Topic: 2008 EL TOUR DE TUCSON BICYCLE COLLISION

The 91 year old motorist who caused the 2008 El Tour de Tucson bicycle collision was sentenced in Pima County Superior Court to probation.  While the sentence was disappointing, especially the fiction that the Defendant attempted to leave the scene of a non-serious physical injury accident, Gary Stuebe and his family will continue their fight in the civil justice system.  As amply demonstrated by this case, the criminal justice system is simply not set up to adjudicate the rights of victims.  The civil justice system is the only avenue for the victims of crime and other wrongdoers to go to fix what can be fixed, and balance what cannot be fixed.

No jail for driver in crash with 10 bicyclists

By Kim Smith ARIZONA DAILY STAR Tucson, Arizona | Published: 06.23.2009 advertisement

The 91-year-old driver in a crash that left one El Tour de Tucson rider with a life-altering brain injury and left several others injured last November was sentenced to three years' probation Monday. In Pima County Superior Court, defense attorney Michael Bloom told Judge Richard Nichols that although William Wilson never should have left the scene after the mass bicycle crash, Wilson should be sentenced for what he actually did, not for causing the crash. He never was charged with that.

During El Tour, an annual event that attracts thousands of bicyclists, 60 riders were heading west on Ina Road when Wilson, who was driving east, turned north onto Westward Look Drive and collided with 10 bike riders. Five cyclists were hurt; their injuries ranged from a life-threatening brain injury to stiffness and road rash. Witnesses told authorities that Wilson got out of his car to check the damage before getting back in and driving away. Bloom informed authorities of Wilson's identity two days after the crash. Wilson was charged with leaving the scene of an accident causing serious physical injury, but he pleaded guilty last month to the less serious crime of attempted leaving the scene of an accident causing serious physical injury. Nichols had the option of sending Wilson to prison for close to two years.

Before the judge pronounced the sentence, Don English, one of the bicyclists who was struck, and Stephen Leshner, who represents Gary Stuebe, another victim, told Nichols that they were greatly displeased with the plea agreement. Struggling to maintain his composure, English described watching Wilson drive away as he lay bleeding on the roadway with a punctured lung and seven broken bones. Wilson not only drove away, but he never called for an ambulance, English said.

Leshner told Nichols his client received such a severe brain injury that he was deemed incompetent by Maricopa County Superior Court, has incurred medical expenses of $1.5 million so far, and is expected to undergo another one to two years of treatments. "He will never be what he was," Leshner said. Leshner expressed disgust that Wilson not only left the scene and failed to call authorities, but tried to clean the evidence from his car.

Wilson's potential sentence is "very disproportionate" with the harm he caused, Leshner said. "The sentence in this case sends a bad message to the community," Leshner said. The message is that if you're an elderly driver, you may as well hold onto your car keys, because there will be no consequences for your actions, he said. Deputy Pima County Attorney Bruce Chalk asked Nichols to send Wilson to prison. "If he walks out that door, he's leaving the scene of the accident just like he did that day," Chalk said, pointing to the main doors of the courtroom.

Bloom told Nichols that on the morning of the crash, a Pima County Sheriff's Department deputy manually adjusted the lights on Ina Road so that traffic going both ways had a green light. Twenty minutes before the crash, a witness said, the deputy removed a cone intended to prevent eastbound traffic from turning north onto Westward Look Drive. Bloom said that when Wilson turned north onto Westward Look, he could not see the bicyclists because his vision was obstructed by high vegetation in the median and by two lanes of cars that were backed up as a result of a crash farther up westbound Ina Road. At the time of the collision, the deputy was speaking with drivers who were stuck in the backup, Bloom said. Wilson stopped when the deputy yelled at him to get out of the intersection, but he became frightened and left after angry bicyclists gathered around his car and yelled at him, Bloom said. One even acknowledges slamming his forearm on Wilson's passenger-side window, Bloom said. The statute requires motorists involved in crashes to stay at the scene, notify authorities of the crash and provide their insurance information, Bloom said. Bloom said he wasn't trying to downplay the horrific nature of the injuries, but because a deputy already was at the scene to call an ambulance, Wilson's failure to do so didn't exacerbate the situation.

 The defense attorney also said Wilson can't be forced to pay restitution because he didn't cause the crash. Bloom told the judge that Wilson, a grandfather of 11 and an active church member, helped assemble the first atomic bomb as a Navy engineer and worked for Ford Motor Co. for 25 years. No useful purpose could be served by sending a 91-year-old man in ill health to prison, Bloom said. Wilson said he wanted everyone to know how sorry he was that "all of this happened" and that he prays for the victims' recovery. Nichols said he believed probation was appropriate because of Wilson's age, his lack of criminal history and the fact a deputy was there and could call for assistance immediately. Although Wilson has surrendered his driver's license and now resides in an assisted-living home in Georgia, Nichols stressed that Wilson is not allowed to drive. If Wilson successfully completes probation, the charge will be designated a misdemeanor, Nichols said.

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Stephen I. Leshner, P.C. Files Complaint in Arizona for 117 Zicam Victims
Posted by: euser
June 23, 2009
Topic: PRODUCT LIABILITY

As reported in the Arizona Republic, and many other news organizations, I filed suit in Maricopa County Superior Court, Phoenix, Arizona for 117 individuals who claim they lost their sense of smell (anosmia) as a result of taking Zicam.  If you or someone who know took Zicam, and suffered a loss of the sense of smell, please call me immediately.

Scottsdale-based maker of Zicam faces lawsuit

4 comments by Ken Alltucker - Jun. 22, 2009 04:54 PM
The Arizona Republic

In what could be the opening salvo in a new wave of lawsuits against the Scottsdale-based maker of Zicam, lawyers on Monday filed a lawsuit on behalf of 117 people who claim they have suffered loss of smell after using the popular nasal spray.

Among those suing Scottsdale-based Matrixx Initiatives Inc. include one dozen Phoenix-area residents as well as the chef of an upscale Las Vegas-area restaurant who no longer can smell or taste food.

Matrixx officials said Monday they had not seen the lawsuit filed in Maricopa County Superior Court, but a spokesman said the company believes that its nasal products are safe and do not cause loss of smell.   Company officials are bracing for additional lawsuits after the Food and Drug Administration last week issued a warning letter linking Zicam nasal gel and swabs to loss of smell. The company responded by voluntarily recalling its Zicam Cold Remedy nasal gels and swabs from retailers nationwide. The company has more than a dozen oral Zicam products that were not targeted by the FDA and remain in stores nationwide.

William Hemelt, Matrixx's acting president and chief operating officer, last week said the FDA's warning letter and following publicity "undoubtedly" leaves the company vulnerable to additional lawsuits.

Legal battles are nothing new for Matrixx. The company has already faced more than 400 lawsuits over the past decade from people who claimed that Zicam's Cold Remedy gel has caused anosmia, or loss of smell. In 2006, the company settled a batch of lawsuits with 340 plaintiffs for $12 million to avoid the legal cost of defending each individual lawsuit.

Among the plaintiffs in the lawsuit filed Monday include Richard Kennedy, 62, of Glendale. The retired Arizona Supreme Court research analyst said he used the Zicam gel about three to five times earlier this decade. He later noticed that be could not smell odors that his friends and family could. He was diagnosed with anosmia by an ear, nose and throat specialist.

"If I knew (loss of smell) was a potential side effect, I never would have taken it," Kennedy said.

Kennedy is represented by Phoenix attorney Stephen Leshner as well as a law firm based in Houston, Texas.

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Zicam
Posted by: euser
June 16, 2009
Topic: PRODUCT LIABILITY

As reported in today's Wall Street Journal, the U.S. Food and Drug Administration (FDA) said that consumers need to stop using certain Zicam cold and allergy products because they can cause permanent loss of smell.

WASHINGTON (Dow Jones)--The U.S. Food and Drug Administration said Tuesday consumers need to stop using certain Zicam cold and allergy products because they can cause permanent loss of smell.

In a warning letter sent to Matrixx Initiatives Inc., Zicam's maker, the FDA said it "has concluded that these products may pose a serious risk to consumers who use them." The agency, which has recently stepped up its enforcement activities, said the products cannot be marketed unless Matrixx seeks FDA approval to sell the products.

Shares of Matrixx Initiatives Inc. (MTXX), maker of Zicam, dropped 68% to $6.26 in recent trading.

In a statement, Matrixx said it "believes the FDA action is unwarranted and is in the process of determining its response, which may include removing these products from the marketplace." However, the company said in a separate statement posted on Zicam's Web site that it would stop shipping the products and would reimbuse customers seeking a refund.

The company said it believes the affected products are safe and do not cause anosmia," or loss of smell. The Zicam intranasal products account for about 40% of the company's net sales, which totaled $111.63 million for the year that ended on March 31. Sales of over-the-counter cold and cough products total about $4 billion annually.

Zicam is sold over-the-counter, primarily as a cold and allergy remedy. The products are sold in various forms including intranasal products meant to be used in the nose.

The FDA said consumers should stop using the intranasal zinc-containing products, which are sold as Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Gel Swabs. The agency also said consumers should also stop using Zicam Cold Remedy Swabs, Kids Size, which the company is no longer selling. Agency officials said consumers could still have the children's-size product in their medicine cabinets.

The action doesn't affect other Zicam products, such as tablets, "rapid melts" and liquid forms.

FDA officials said they've received more than 130 reports from consumers about the loss of smell, but said they believe that Matrixx has received about 800 such reports, which have not all been reported to the agency. The FDA said the reports showed that many people who experienced a loss of smell said the condition occurred with the first dose while others reported a loss of the sense of smell after multiple uses of the products. The agency said the loss of smell can be long-lasting or permanent.

In 2006, Matrixx settled more than 300 lawsuits brought by consumers who alleged that Zicam zinc nasal gel damaged or destroyed their sense of smell.

Maxtrixx wasn't required to submit adverse events to the FDA until the end of 2007 when a law went into effect requiring over-the-counter supplement makers to report side effects to the FDA, an agency spokeswoman said.

If you or someone you know has taken Zicam, and suffered a loss of taste and smell, please call me for a free consultation.  I am handling these cases personally, and I will help you.  Since Matrixx is located in Phoenix, AZ, these cases will be litigated here. 

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Gary Stuebe update
Posted by: euser
May 27, 2009
Topic: 2008 EL TOUR DE TUCSON BICYCLE COLLISION

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Phoenix Personal Injury and Medical Malpractice Attorney Steve Leshner is a 2009 Arizona "Super Lawyer"
Posted by: euser
April 20, 2009
Topic: PHOENIX PERSONAL INJURY ATTORNEY STEVE LESHNER IS NAMED A ARIZONA "SUPER LAWYER"

The publication Law & Politics has completed the nomination and selection process for 2009 Arizona Super Lawyers and for the second year in a row, Phoenix attorney Steve Leshner has been named as an Arizona "Super Lawyer" in the area of Personal Injury Law.

In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and consumers in the search for legal counsel.

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