Amo Recall Lawsuit Attorney

Attorney's opening statement faults MTA Blue Line safety measures

The MTA ignored decades of safety warnings and discriminated against blind riders of its Metro Blue Line, ultimately causing the death of a man who thought he was walking through a door when he stepped from a platform between two train cars near Carson, an attorney told jurors Thursday.

In his opening statement in the trial of Mary Cuthbertson's wrongful death lawsuit concerning the death of her 48-year-old son, lawyer Brian Panish said the accident was preventable had the Metropolitan Transportation Authority placed barriers between cars and had train operator Rosie Haynes been more diligent.

"They chose to do nothing and they did nothing," Panish said of MTA officials. "A man lost his life and a mother lost her son."

The transit agency has maintained that it was not bound by a federal Americans With Disabilities Act section enacted shortly after the Blue Line began operating in 1990 that would have required it to put chains, fencing or other obstacles between cars to keep the blind from mistaking the openings for doors.

The MTA also contends Cameron Cuthbertson contributed to his death by not properly using his cane to guide himself.

MTA attorney James Reiss is scheduled to make his opening statement today.

The accident occurred about 9 a.m. Jan. 28, 2009, as Cuthbertson was preparing to board a southbound Blue Line train at the Del Amo Station, located in an unincorporated area just north of Carson.

Jurors were shown a grainy surveillance video in which Cuthbertson can be seen trying to board after most of the other passengers had already gotten onto the train.

Panish said it is typical for blind passengers to board first or last so as not to interfere with other riders. In the video, Cuthbertson suddenly drops between the cars, then tries to climb back onto the platform as the train starts moving.

Haynes has testified in depositions that she did not know anyone had fallen between the second and third cars.

Panish said the MTA's decision to leave it up to operators like Haynes to "mind the gap" and watch to make sure no passengers were in danger before the train moved put too much responsibility on them and did not compensate for other safety measures that could have been taken.

"They put her in an untenable situation and unfortunately she made mistakes," Panish said.

Complete® MoisturePlus™ Recall Lawsuit | Acanthamoeba Keratitis ...

Why You Should Choose Schmidt & Clark, LLP : Our law firm is one of the most active firms in the country regarding the ongoing Complete® MoisturePlus™ litigation.  To learn more about us and our work, please click the following link: :  Our Experience – Contact Lens Solution Litigation

Breaking News Regarding Acanthamoeba Keratitis & Complete® MoisturePlus™

In the second nationwide recall, Advanced Medical Optics (AMO) in association with the U.S. Centers for Disease Control and the U.S. Food & Drug Administration (FDA) is voluntarily recalling its popular its Complete® MoisturePlus™ Multi-Purpose Solution.

The CDC and the FDA are investigating 138 confirmed cases of Acanthamoeba Keratitis, a rare, painful eye infection that can lead to permanent vision loss or blindness.

In addition to the most recent recall, our law firm is still accepting cases of Microbial Keratitis, another eye/corneal infection that was linked to AMO Complete® MoisturePlus™ contact solution in November 2006. The earlier recall was initiated because it was discovered that certain lots of the 12-ounce Complete® MoisturePlus™ Multi-Purpose contact lens care solution and Active Packs were contaminated with bacteria.

If you feel that you may have developed Microbial Keratitis or Acanthamoeba Keratitis you should seek professional medical attention immediately. If left untreated, these infections could lead to blindness, vision loss or other serious side effects.

Below is an excellent video published by the U.S. Food & Drug Administration (FDA), which highlights the AMO Complete MoisturePlus recall and discusses different aspects of Acanthamoeba Keratitis.

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Read the Full Transcript : Continuing Recall of Complete MoisturePlus Multipurpose Contact Lens Solution

What You Can Do & How We Can Help : If you or a loved one have developed a corneal infection (keratitis) while using any multi-purpose contact lens solution, you should contact us immediately. You may be entitled to compensation.

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