Elder abuse and neglect awareness is more important now than ever

June 3, 2020 | 11:42 am


June is Elder Abuse Awareness Month, and there is not a more important time than now to protect and be mindful of our most vulnerable citizens.

Senior residents have been especially impacted by the COVID-19 pandemic, especially those in nursing and care facilities. As of June, more than 25,000 residents died and 60,000 were infected in the United States as the coronavirus swept through our country’s nursing homes, according to federal data, in which about 80 percent of the nation’s nursing homes reported data to the federal government, and statistics include cases since early May.

Unfortunately, those impacted the most are housed in facilities with a history of low marks for staffing and patient care, reports show.

“We have to be able to provide adequate care to our elder loved ones in these faculties, while at the same time protecting them from being infected,” said Matt Clark, senior partner and elder abuse and neglect attorney at Chain | Cohn | Stiles. “For them, it’s literally a matter of life and death.”

During “normal” times, California sees 176,000 cases of reported elder abuse cases each year, according to Kern County Aging & Adult Services. And officials estimate that for every case known to reporting agencies, 24 cases go unreported. This month — during Elder Abuse Awareness Month in Kern County, with World Elder Abuse Awareness Day on June 15 — Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who cannot, our oldest, frailest and most vulnerable citizens. Our law firm has been at the forefront in fighting for victims of elder abuse in Bakersfield, Kern County and throughout the state.

Local skilled nursing facilities are experiencing COVID-19 outbreaks affecting staff and residents alike. The Kern County Department of Public Health says facilities requested immediate help with staffing shortages, and healthcare professionals throughout the state were sent to assist the facility. Recently, the Kern County Board of Supervisors moved forward with a plan to designate an accountability officer from the Kern County Emergency Services to oversee issues at the state-regulated nursing care faculties.

“… It’s an inadequate amount of staffing that leads to poor patient care. Poor patient care leads to poor patient outcomes. Poor patient outcomes especially in the elder care world often times leads to death,” Clark said in an interview with 23ABC.

Local media reported that the California Department of Public Health cited the Kingston Health Care Facility more than a dozen times for serious violations. Several lawsuits have been filed against the facility for elder abuse and neglect and wrongful death, some by Chain | Cohn | Stiles.

Clark shares that the best way for people to review nursing home conduct and reports is my visiting Medicare.gov. Users can research any skilled nursing facility, and check ratings and staffing ratios.

Even before the COVID-19 pandemic, our state’s senior care facilities put residents in danger.  A 2019 investigation by Reveal from The Center for Investigative Reporting found that some operators of senior board-and-care homes violated labor laws and often also endangered or neglected their residents, sometimes with dire consequences. Reveal analyzed thousands of licensing records and hundreds of U.S. Department of Labor cases in California and conducted two dozen interviews with workers, residents and their family members in the first comprehensive accounting of failures in care homes whose operators preyed on vulnerable caregivers, many of them poor immigrants, and elderly residents. In California, which has the most licensed senior care homes of any state, federal data showed that operators broke minimum wage, overtime or record-keeping laws in more than 500 cases over the last decade. In 1 in 5 of these cases, operators were cited for health and safety violations that endangered residents, Reveal found.

 

REPORTING ELDER ABUSE, NEGLECT

So why does elder abuse go unreported? Many times, elders have no family to report to. They also fear retaliation from “caregivers,” or they feel shame in regards to abuse. Another reason is they fear they will lose independence, or fear they will upset their own family members. Many times, however, victims simply lack understanding of how to report abuse.

Another issue lies is recognizing elder abuse and neglect. In fact, elder abuse can take many forms including:

  • Physical abuse: Inflicting physical pain or injury on a senior (slapping, bruising or restraining by physical or chemical means).
  • Sexual Abuse: Non-consensual sexual contact of any kind.
  • Neglect: The failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
  • Exploitation: The illegal taking, misuse, or concealment of funds, property, or assets of a senior for someone else’s benefit.
  • Emotional Abuse: Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts (humiliating, intimidating, or threatening).
  • Abandonment: Desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
  • Self-neglect: Characterized as the failure of a person to perform essential, self-care tasks and that such failure threatens his/her own health or safety.

Lastly, how do you recognize elder abuse and neglect, and what are the warning signs. Here are a few of them:

  • Bruises, broken bones, abrasions and burns may be an indication of physical abuse, neglect or mistreatment.
  • Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
  • Bruises around the breasts or genital area can occur from sexual abuse.
  • Sudden changes in financial situations.
  • Bedsores, unattended medical needs, poor hygiene and unusual weight loss.
  • Behavior such as belittling, threats, and other uses of power and control by spouses are indicators of verbal or emotional abuse.
  • Strained or tense relationships, frequent arguments between the caregiver and elderly person.
  • If you notice changes in a senior’s personality or behavior, you should start to question what is going on.

It’s important to alert others if you have suspicions, and to retain an attorney. In an emergency, call 9-1-1. To report cases of elder abuse, whether it is on your own behalf or that of someone you know, please call Adult Protective Services as part of the Kern County Aging & Adult Services, or contact the Long-Term Care Ombudsman.

  • Adult Protective Services responds to reports from individuals, concerned citizens, social service and health providers, and law enforcement representatives about developmental disabled adults, physically and mentally disabled adults, and the elderly who may be physically or financially abused, neglected, or exploited. Upon receipt of a referral, APS sends a social worker to make a home visit or contact the elder or dependent adult.
    • 24-Hour Hotline: 800-277-7866 or 661-868-1006
  • Long-Term Care Ombudsman Program investigates elder abuse complaints in long-term care facilities and in residential care facilities for the elderly. The primary responsibility of the program is to investigate and endeavor to resolve complaints made by, or on behalf of, individual residents in these facilities, including nursing homes, residential care facilities for the elderly, and assisted living facilities. The goal of the program is to advocate for the rights of all residents in long term care.
    • Phone: 661-323-7884

And if you or someone you know experiences elder abuse or neglect, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

Chain | Cohn | Stiles attorney Matt Clark discusses COVID-19 outbreak at local skilled nursing facility, and how to protect loved ones

May 6, 2020 | 10:05 am


A local skilled nursing facility is experiencing a COVID-19 outbreak affecting staff and residents alike, and Chain | Cohn | Stiles spoke with media on what people can do to protect their loved ones.

Kingston Healthcare Center, a skilled nursing facility in southwest Bakersfield, has reported 70 positive cases of the novel coronavirus as of May 5, according to data from the California Department of Public Health. The Kern County Department of Public Health said the facility requested immediate help with staffing shortages, and healthcare professionals throughout the state were sent to assist the facility.

The nursing home in a statement to media said they are working with health officials to manage confirmed cases. The facility said they’ve increased their housekeeping services and currently have appropriate personal protective equipment for staff.

“California Department of Public Health is on-site daily at the center and working together with center staff to ensure infection control process are being followed and assisting with some staffing needs,” according to the statement

Matthew Clark, Chain | Cohn | Stiles elder abuse and elder neglect attorney and senior partner, shared with 23ABC News that families with loved ones in the Kingston facility have reached out to the law firm about the quality of care since the COVID pandemic. He says over the last three years his firm has had around a half dozen cases against the facility.

“… Any case we’ve had against Kingston or any other elder care facility for that matter, it almost results from inadequate staffing. It’s an inadequate amount of staffing that leads to poor patient care. Poor patient care leads to poor patient outcomes. Poor patient outcomes especially in the elder care world often times leads to death,” Clark said in an interview with 23ABC.

23ABC reported in April that documents showed the California Department of Public Health cited the Kingston Health Care Facility more than 14 separate times since 2015. Within the last six months they were also cited with a Double-A citation, which is considered one of the most serious violations.

KGET-17 News also reported that Kingston has been sued six times since 2017, with allegations including medical malpractice, elder abuse and neglect and wrongful death. Many of those cases have been filed by Chain | Cohn | Stiles.

Clark shared with viewers that the best way for people to review nursing home conduct and reports is my visiting Medicare.gov. Users can research any skilled nursing facility, and check ratings and staffing ratios.

Kingston’s profile is now listed as a “Special Focus Facility.” According to the site this means the nursing home has had a history of persistent poor quality of care.

As of May 5, Kern County is reporting 1,055 positive cases of COVID-19 and 11 deaths, according to Kern County Public Health Services Department.

UPDATE (MAY 11, 2020): Families of residents at Kingston, as well as staff members, are speaking out about conditions at the skilled nursing facility, and seeking justice. A certified nursing assistant said they were not given PPE equipment until about a “two weeks ago,” and were working 16-hour shifts.

UPDATE (JUNE 2, 2020): The Kern County Board of Supervisors moved forward with a plan to designate an accountability officer from the Kern County Emergency Services to oversee issues at the state-regulated nursing care faculties.

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If you or someone you know experiences elder abuse or neglect, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

To report cases of abuse locally, whether it is on your own behalf or that of someone you know, please call Adult Protective Services or the Long-Term Care Ombudsman:

  • Adult Protective Services responds to reports from individuals, concerned citizens, social service and health providers, and law enforcement representatives about developmental disabled adults, physically and mentally disabled adults, and the elderly who may be physically or financially abused, neglected, or exploited. Upon receipt of a referral, APS sends a social worker to make a home visit or contact the elder or dependent adult.
    • 24-Hour Hotline: 800-277-7866 or 661-868-1006
  • Long-Term Care Ombudsman Program investigates elder abuse complaints in long-term care facilities and in residential care facilities for the elderly. The primary responsibility of the program is to investigate and endeavor to resolve complaints made by, or on behalf of, individual residents in these facilities, including nursing homes, residential care facilities for the elderly, and assisted living facilities. The goal of the program is to advocate for the rights of all residents in long term care.
    • Phone: 661-323-7884

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MEDIA COVERAGE

Seeking justice, inspiring hope, sharing stories for 2020 ‘Crime Victims’ Rights Week’

April 22, 2020 | 10:39 am


This week — April 19-25 — is Crime Victims’ Rights Week, which promotes victims’ rights and services available to crime victims.

Locally, the Kern County District Attorney’s Office each year hosts a march, speeches, and vigils to mark the occasion. That, of course, is not possible in 2020 with the COVID-19 pandemic taking place. But MADD Kern County’s Advisory Board wanted to continue to commemorate this occasion by asking victims, advocates, law enforcement partners, community members, and other impacted to record short videos or send pictures that highlight how each person has been impacted, why we should always remember/help crime victims locally, and a call-to-action to support victims this week and beyond. These stories are posted on the MADD Kern County Facebook page throughout the week, and a selection of which can be viewed below. 

Chain | Cohn | Stiles is proud to partner with MADD Kern County throughout the year, including for Crime Victims’ Rights Week. Attorney Matt Clark shared a short video on the impact of DUI crashes on victims.

Clark is the recent recipient of the “Pursuit of Justice” award by MADD California. He is also a founding board member and organizer for MADD Kern County’s Advisory Board and event planning committees, regularly speaks at local Victim Impact Panels intended to prevent repeat DUI offenses, and has done pro-bono legal work for victims of DUI crashes. Chain | Cohn | Stiles has also been awarded a “Community Champion” award for the law firm’s work toward raising awareness locally and helping victims.

At Chain | Cohn | Stiles, attorneys continue day in and day out to fight civil lawsuits for victims of crimes and other injustices.

As examples:

  • A Tehachapi teenager was walking home from a friend’s house when she was suddenly struck by a pickup truck on the dirt right shoulder of State Route 202.  She eventually succumbed to her injuries, just 15 days shy of her 15th birthday. The occupants of the truck fled the scene of the crash without calling the police or summoning medical help.  Both were under the influence of alcohol at the time of the crash.
  • Our lawyers also filed claims on behalf of several students who were victims of sexual misconduct at North High School. Kern County Sheriff’s Office has arrested Edwin Rodriguez on suspicion of lewd and lascivious acts with minors 14 to 15 years old, exhibiting harmful matter to a minor, annoying a child under 18 and false imprisonment.
  • We represented a woman who was sexually assaulted by Kern County deputy Gabriel Lopez in her home in Tehachapi. Lopez sexually assaulted at least two other people as well. He pleaded no contest to two counts of assault by a public officer, two counts of false imprisonment, and two counts of sexual battery, and was sentenced to two years in prison. Chain | Cohn | Stiles attorneys also represented a 79-year-old woman who called the sheriff’s office during a dispute with her husband, who was diagnosed with late-stage Alzheimer’s. She, too, was sexually assaulted by Lopez in a similar fashion to his other victims. The third victim was quietly paid $5,000 by the department, and was unable to bring a civil claim.

National Crime Victims’ Rights Week was established by Ronald Reagan in 1981. Here are some of the powerful stories shared throughout the 2020 Crime Victims’ Rights Week …

 

Crime Victims’ Rights Week, 2020: The Kvasnicka Family …

We are John and Mary Jo Kvasnicka, with our beautiful daughter Jaclyn Ann.

Jackie, Pavinder Claire and Jessica Magee were three best friends who all worked for Kern Schools Federal Credit Union. The night of August 30, 2014 they spent the evening enjoying Bakersfield together at a Blaze baseball game. It was the last time Pavinder’s parents, and John and I, would see our daughters. Not just see our daughters alive, but see them at all.

That night a man decided he was able to drive his car, despite being high on drugs and alcohol. He decided to drive at speeds in excess of 100 miles per hour. He decided to not use his brakes when he came up behind our daughter’s car, carrying the three young women home. He decided to slam into the back of Jackie’s car with absolutely no intention of stopping. And he killed Pavinder on impact. He caused major burns to over 40 percent of Jessica’s body, where she carries scars to this day. And he pinned Jackie behind the wheel, desperately screaming for help to escape the fiery inferno. No one was able to help her. Our daughter burned to death, as did Pavinder. Jessica miraculously escaped with the help of her angels in the form of first responders. But she remains forever scarred, physically and emotionally.

None of this had to happen! Every single part of this scenario could have been prevented! Our daughters could still be alive and with us! Jackie’s daughter, yes she was a Mommy, would have her Mommy here with her, and not just pictures!

We no longer ask God “Why?” Instead we use our time and resources to work to make sure no other parent, child, sibling has to suffer what we suffered. Despite the passing of time, our missing Jackie has not and never will lessen. The pain subsides, memories flood our minds, and God provides peace. But our daughter is forever gone.

Do your part!!!! NEVER, EVER drive while impaired! There is ABSOLUTELY no reason for this scenario to ever happen! Have a plan, and make the right choice, always. Keep our streets safe always. Do your part!!!

God bless

 

Crime Victims’ Rights Week, 2020: The Embree Family …

Taylor Embree (2/28/84 – 10/17/13) was killed by a repeat drunk driver while on his way to work. He was hit head on at 90 mph. The impact was so great that it sheared off the bolts that held the cab onto the chassis causing the cab to become airborne and land on its rear windshield, where Taylor was killed on impact. He left behind his wife Britney, and son, Clayton.

 

Crime Victims’ Rights Week, 2020: The Soto Family …

This is Ireli Soto-Jalving, holding a picture of her sister Alba Elliott. Ireli was 2 years old when her mom Gabriela Soto was killed on June 6, 2017. Gabby was 7-months pregnant at the time of her death. Gabby and Baby Alba were victims of a head-on collision that was caused by someone who was determined to be under the influence of marijuana.

Gabby was captivated by all things Irish which is why she named her first daughter, Ireli Gabriela. Gabby had a passion and love for many things, but nothing compared like the love she had for her daughter Ireli. Her love for her daughter really pushed Gabby to be the best version of herself, which she presented to everyone and was truly reflected in her work and life.
Gabby was loved by many. Her beautiful smile and infectious laughter lit up any place she entered. And that smile and sincere soul reeled you in and never let you go.

Take care and stay safe,

Blanca Soto

 

Crime Victims’ Rights Week, 2020: The Balderrama Family …

My name is Tina. My sister is Leslie Balderrama, and she was hit and killed by an underage drunk driver.

No matter how much time passes by, the pain of not having her here with us every day is heartbreaking. Some days you wake up OK, and by the time you’re done getting ready for work, you are having a meltdown because you think of what mornings used to be like when she was there. Holidays are never as happy or exciting as they once used to be. I try to keep a smile on my face for my kids. My son is 6 years old and every day he tells me he misses his Tia, and every time we pass the cemetery he always asks to go see her. Knowing my daughter will never get to meet her is something I will always struggle with. The hardest part for me is always wondering what she would be doing today, what college she would be attending, how far would she have gotten in her basketball career, where would she be working. Little things like that definitely hurt the most.

This is our last family picture together …

 

Crime Victims’ Rights Week, 2020: The Morales Family …

Sunday, March 25, 2018 was the worst day of my life! My three older children Kaleb, Ethan, and Madysyn were with their father Adam for part of Spring Break. They were headed to their dad’s home in Wasco along with their 11-year-old sister, Jordan, after being at their cousin’s quinceañera practice. They picked up Kaleb from work and then made their last stop at Best Buy, where they purchased a birthday gift for my son, Ethan.

As they were driving Highway 43 (less than 5 minutes from home) a selfish, thoughtless woman decided that she was going to get behind the wheel intoxicated 3 times above the legal limit. She hit the soft shoulder and over-corrected, losing control of her vehicle and crossing over into oncoming traffic, causing Adam to hit her head on from her passenger side of her vehicle with not even a second to react. She was driving her son’s illegal chop shop vehicle. She had no insurance and no license to drive.

According to the CHP report, no brakes were activated and no skid marks were on the road because there was no time for him to react. He was not on his phone. He was not texting. He was not doing anything wrong. He was just driving his children home.

She stole part of my world and forever changed our lives and the lives of many people. My first-born child, Kaleb Adam Garza, was 19 years old. My first-born daughter and sweet baby girl, Madysyn Rose Garza, was 14 years old and a freshman at Ridgeview High School. Jordan Nicole Garza, the kids’ sister & Adam Garza, the kids Father were all were taken away.
Ethan, who was 17 at the time (now 19), was the only survivor. Given the injuries he sustained (2 broken femurs, right ankle, left wrist, right forearm, broken ribs, collapsed lung, a serious injury to his intestines, broken ribs, lacerated liver, and losing his spleen), he is so very, very lucky to be alive. He lost his father and three siblings that night. His scars and physical and mental pain is a constant reminder of his traumatic loss.

This was 100% preventable! It is always 100% preventable! Look what it did to us! It is a never ending healing process and we will never be the same. Please remember to not drink and drive or drive impaired. Please don’t get in the car with anyone who had been drinking or is impaired. Please don’t encourage or underage drink and please, please please, don’t allow anyone to end up like us! It’s forever life changing, an unexplainable loss, and horrible experience no one wants to have!

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

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MEDIA COVERAGE

BTuff Magazine Interview: Attorney Matt Clark and the importance of Kern County’s oil industry

February 12, 2020 | 6:00 am


To say the gas and petroleum industries are important for Kern County is an understatement.

In fact, California produces more oil than all but three other states (Texas, North Dakota and Alaska), and Kern County is responsible for more than 80 percent of California’s oil production, according to a Duke University study.

So as proposed new state regulations threaten to wind down petroleum production — and in turn threaten Kern County’s economy and tax base — local oil industry representatives, elected officials, community leaders, advocates, and workers are standing up. And that includes Chain | Cohn | Stiles.

Senior partner and veteran personal injury attorney Matt Clark recently sat down with Bakersfield Tuff (BTuff) Magazine to discuss the importance of the industries locally, and share how Chain | Cohn | Stiles and the local oil industry have worked together over the years. For example, the law firm has represented workers in these industries for much of its 85-year history, and cases have resulted in safer workplaces for oilfield workers.

You can watch the full interview below or on YouTube here.

A recent Kern County Board of Supervisors meeting, where the state’s oil-unfriendly policies were a focus — drew an audience of more than 1,000 industry supporters — the largest crowd convened in recent years for a government proceeding in Bakersfield, according to media reports.

Since the early 20th century, when oil was discovered in western Kern County, the area’s economy has largely centered on oil and gas production. Today, the local oil industry employs about 14,000 people directly, and 30,000 work in associated jobs, according to The Bakersfield Californian. And these industries account for over 30% of Kern County’s assessed property values, according to reports. Those funds pay for public services, including road maintenance, schools, police departments, fire departments, and much more. An industry-funded study by the Los Angeles Economic Development Corp. found that Kern oil production generates $925 million in state and local oil revenues per year and $1.6 billion in labor income.

California officials recently invited Kern County representatives to participate in preparing for an inevitable economic transition they said would take into account the county’s dependence on oil production. In November last year, the stated cited a goal of achieving “carbon neutrality” by 2045 when it imposed extra layers of permitting scrutiny for the well-stimulation technique known as fracking and placed a temporary ban on high-pressure steam injections, according to reports.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Chain | Cohn | Stiles attorney awarded MADD Southern California ‘Pursuit of Justice Award’

November 27, 2019 | 6:00 am


Chain | Cohn | Stiles senior partner and attorney Matt Clark was the recent recipient of the “Pursuit of Justice Award” by Mothers Against Drunk Driving, Southern California. Below is the press release announcing the award. 

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Two Bakersfield-based institutions received awards during Mothers Against Drunk Driving’s 2019 “Tie One On for Safety” Gala Awards Nov. 21 in Long Beach.

The “Pursuit of Justice Award” was given to attorney Matthew C. Clark of Chain | Cohn | Stiles, and the Chevron’s San Joaquin Valley Business Unit (SJVBU) received the “Corporate Champion Award.” The event annually recognizes supporters of MADD Southern California – the regional area for MADD Kern County – which also includes Los Angeles and San Diego chapters.

The awards gala also kicks off the “Tie One On for Safety” campaign during the holiday season, which is MADD’s longest running and most visible public awareness project combating impaired driving. MADD’s mission is to end drunk driving, help fight drugged driving, support victims of these violent crimes, and prevent underage drinking.

“These two award recipients are community heroes who are dedicated to combating our area’s DUI epidemic,” said Carla Pearson, victim services specialist for MADD Kern County. “Simply, they are saving lives.”

Each year in Kern County, dozens of innocent lives are lost – plus hundreds more injured and thousands of friends and families affected – from this 100 percent preventable crime. Kern County is averaging nearly 12 DUI arrests per day. Kern County ranks worst in the state for DUI crashes resulting in injuries, and second most in the United States.

MADD Kern County hosts two local events, which are primarily volunteer-led. They include the Law Enforcement and Prosecutor Recognitions Awards luncheon and the “Walk Like MADD & MADD Dash.” The Kern County chapter also hosts Victim Impact Panels to prevent repeat DUI offenses, and presents educational program at local schools, and more.

The award winners are helping combat Kern County’s DUI problem, raising awareness, and helping victims locally in a variety of ways.

  • Matt Clark, Chain | Cohn | Stiles: Clark is a founding board member and organizer for MADD Kern County’s Advisory Board and event planning committees, regularly speaks at local Victim Impact Panels intended to prevent repeat DUI offenses, and has done pro-bono legal work for victims of DUI crashes. He is a senior partner and attorney at Chain | Cohn | Stiles, which annually serves as the presenting sponsor for the annual “Walk Like MADD” fundraising event. In addition, Jorge Barrientos, marketing director at the law firm, is also a past recipient of the “Volunteer of the Year” award for MADD California.
  • Chevron’s San Joaquin Valley Business Unit (SJVBU): Chevron’s SJVBU, whose main office is in Bakersfield, has been an annual sponsor, and its employees are key organizers, in the local “Walk Like MADD” event, as well as MADD Kern County’s Law Enforcement and Prosecutor Recognitions Awards luncheon, which honors locals for their valiant efforts in helping stop DUI crimes. The company communicates to its employees – who log thousands of miles each year on Kern County roads – through safety campaigns, including DUI-education efforts.

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If you or someone you know is injured in an accident at the fault of an impaired driver, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

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MEDIA COVERAGE

‘Real People, Real Results’: Clients reunite with their attorneys to share life-changing experience

October 30, 2019 | 6:00 am


For the 85th anniversary of Chain | Cohn | Stiles, we reunited clients with the attorneys who helped them following life-changing accidents, and interviewed them on camera about their experience.

The result was a new video series titled “Real People. Real Results.”

In the videos, one client provides a testimonial about her experience in hiring attorney David Cohn after she suffered severe injuries from a staircase collapse in her apartment complex. In another testimonial, a father and son shared how lawyer Matt Clark changed their lives for the better after the father suffered injuries when a big rig crashed into his car. You can watch their testimonials by clicking their videos below:

You can also get a more in-depth look from one of the clients, Kimmy, (below) about her experiences with Chain | Cohn | Stiles, in her own words.

“At Chain | Cohn | Stiles, we pride ourselves on our unwavering commitment to all of our clients,” said David Cohn, managing partner of the law firm. “When handling sensitive cases with distraught clients, we take it upon ourselves to treat our clients not simply as case numbers, but as our own loved ones in times of need.”

Besides the new “Real People” videos, you can read real-life reviews left by clients on various Chain | Cohn | Stiles pages by visiting the law firm’s “Reviews & Testimonials” webpage, and learn more about the 85th anniversary of Chain | Cohn | Stiles at bit.ly/chainlaw85.

 

KIMMY’S STORY

On choosing Chain | Cohn | Stiles

I had talked to a couple other attorneys first, but (David Cohn) was real cut and dry, and never seemed misleading. He wasn’t trying to schmooze me. I felt like he was honest, he was friendly, and wasn’t trying to “B-S” me, because that’s what happens a lot of times with attorneys.”

On visiting the law office

The office is amazing, and clean. The front desk clerks are always really friendly, always smiling. From front to back, the staff is awesome. And that was from the very first meeting with the investigator, to all the employees I had phone calls with.

On communication with the law firm

It’s hard when you’re not able to work, and do all the things you want to do when you’re injured. I have come in ranting for 5 minutes or 2 hours, and the office employees never once lost composure, never once gave me bad attitude. They were always understanding. They were always very supportive always very friendly, and tried to be as accommodating as they could possibly to whatever was happening to me.

On working with David Cohn

He was a motivator for me to do everything better in life, not just this case. I just want him to know that it wasn’t just through this case that he served me, it is also my life because he challenged me, and I have stepped up to my promises to him, and myself. And it has made me a better person. I don’t want to let him down, not even in the future because I have so much respect for him. I have recommended him multiple times. There’s no case too big or to small — he treats everyone the same.

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If you or someone you know is injured in an accident, please call the attorneys at Chain | Cohn | Stiles at (661) 323-4000, or chat with us online at chainlaw.com.

Chain | Cohn | Stiles attorney provides legal commentary following North High School sexual misconduct allegations

February 27, 2019 | 10:48 am


A local high school athletic equipment manager has been arrested on suspicion of having sexual contact with current and former students. And as yet another local school employee is arrested on suspicion of sexual misconduct with a student, Chain | Cohn | Stiles personal injury attorney Matt Clark provided insight to media on the ongoing problem, and the effects on victims.

According to the Kern County Sheriff’s Office, Edwin Rodriguez, 40, who worked at North High School in north Bakersfield, was arrested on suspicion of lewd and lascivious acts with minors 14 to 15 years old, exhibiting harmful matter to a minor, annoying a child under 18 and false imprisonment. He faces 11 felony counts and 13 misdemeanor counts.

For media coverage of this case with Clark’s legal commentary, see “Media Coverage” at the bottom of this post.

According to media reports, 10 people have come forward to investigators alleging inappropriate physical contact and other unwanted interaction. Rodriguez allegedly sent explicit messages, including photos and videos, to eight juvenile students through the social media platform Snapchat and that he had sexual contact with several of the victims dating back to 2015. One of the alleged student victims at North High estimated they had witnessed over 300 conversations with Rodriguez of a sexual nature involving students, both male and female, according to court documents.

The arrest of Rodriguez comes after several other sexual misconduct cases in recent months. In December, former Liberty High School boys basketball coach was charged on suspicion of annoying or molesting a child under the age of 18. Also, a Kern County jury awarded $10 million to a girl who was allegedly molested by a computer lab technician for the Lamont Elementary School District. A lawsuit was recently filed against a former Highland High School assistant principal who allegedly sexually abused a 16-year-old male student in 2009. And a McFarland High School basketball coach was arrested on suspicion of sexual misconduct in October after a male student came forward to the Kern County Sheriff’s Office; the coach had allegedly sent inappropriate text messages to the student, promising him a spot on the school varsity team in exchange for sexual favors.

Matt Clark, who has represented several victims of sexual abuse and misconduct, told local media he has seen these types of cases all too often.

“I don’t think people realize the damage they do to these young adolescents when an adult gets into a relationship with them. It haunts them years and years later,” Clark told The Bakersfield Californian. “Victims don’t necessarily want to come forward. I think they’re in a tough position.”

Social media and text messaging have played big roles both in allowing such relationships to start; they also help prove that misconduct has actually taken place.

“It gives the sexual predators the means to make contact and to groom their prey,” Clark said. “However, it’s also actual documentary evidence that a school employee sent inappropriate messages or material to a minor. Before we had that technology it was just verbalization, which was difficult to prove.”

Several times a year, Clark speaks at the Kern High School District “Coaches Clinic,” which trains school employees on various legal issues to watch out for.

“One of the rules that I give to the coaches during the training is do not text message a student one on one,” Clark said on KGET-17 News. “There should never be a situation where you are text messaging a student one on one.”

Clark said that while some predators believe deleting their correspondence with students will protect them from being caught, that is not the case.

“If you put something in a text message, it’s saved forever, even if you delete them,” Clark said. “If you’re having inappropriate contact with a student and you don’t know that, that’s really playing with fire.”

If you or someone you know is sexually abused by someone in authority, please call the attorneys at Chain | Cohn | Stiles at (661) 323-4000, or chat with us online at chainlaw.com.

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What to do in a sexual abuse / assault case

Call for help: Always call the police, a rape hotline, or both following any form of sexual assault or abuse. The sooner you get in touch with someone, the sooner justice can be served.

See a doctor: Seek immediate medical care following a rape or sexual abuse. Hospitals often have specialists trained to help in these types of situations, and they often have someone on staff that can help with stress.

Contact at attorney: After you have taken all the aforementioned steps, contact a sexual assault and abuse lawyer.

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MEDIA COVERAGE

‘Kern Under the Influence’: Series highlights local DUI epidemic

February 20, 2019 | 6:00 am


UPDATE: Eyewitness News recently presented a special half-hour program focused on the series highlighted below titled “Under the Influence & On the Road,” sponsored by Chain | Cohn | Stiles. To watch the entire program, click here

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You are more likely to die of a DUI related crime in Kern County than any other county in the state of California.

It’s with that startling fact that Eyewitness News (KBAK-KBFX) recently presented a five-part, in-depth investigation into Kern County’s DUI epidemic titled “Kern Under the Influence.” The series, by reporter Jeff Platt, highlights how deadly Kern County’s roads truly are, how difficult it is to keep repeat DUI drivers off our roadways, how officers try to keep our streets safe, how crash victims are affected, and how we can prevent future DUI crimes.

The series also features Chain | Cohn | Stiles personal injury lawyer Matt Clark, who shares his experience in representing DUI crash victims, and the suffering that they incur. Clark is a board member on MADD Kern County’s Advisory Board, and his law firm serves annually as the presenting sponsor for the Walk Like MADD & MADD Dash, which raises funds to help innocent victims of DUI crashes, helps raise awareness of the DUI epidemic in our community, and helps fund MADD Kern County programs.

Clark also serves as a speaker for the MADD Victim Impact Panel, a program that has victims and other DUI crime experts speak to first-time DUI offenders in an effort to prevent future and repeat DUI offenders. Clark also took part in a special Eyewitness News Victim Impact Panel segment that followed the five-part series.

To view each of the five parts in the Eyewitness News series and the special Victim Impact Panel segment, scroll down to “Media Coverage” section at the bottom of this post. Here is a breakdown of each of the parts:

 

Part I: Drunk Drivers in Kern County

Every day, drivers in Kern County are sharing the roads with drunk drivers. In fact, local officers arrested nearly 4,300 DUI drivers last year. And that’s just “a drop in the bucket” in terms of how many DUI drivers are actually driving on local streets, local officials say.

According to Eyewitness News, there are 15 DUI drivers on the road at any given moment, with a peak between midnight and 3 a.m., where are nearly 80 DUI drivers in Kern County. And each one of them is a tragedy waiting to happen.

 

Part II: Repeat offenders hardly punished

One of biggest problems involving DUI drivers is that state laws force our county to let them drive drunk over and over again.

In California, drunk drivers get a second chance, a third chance, and in many cases a fourth chance after they are caught before getting any real jail time. As Eyewitness News shows, in between those chances, they’re driving on Kern County’s roadways, and sometimes they claim lives.

Victims are left with little trust in the system, but want lawmakers to address and fix this problem.

 

Part III: Busting drunk drivers

For police, catching DUI drivers sometimes is like finding a needle in a haystack, and other times it’s like shooting fish in a barrel. The worry always is how many they are not able to catch.

The fact is, drunk drivers outnumber the police and officers can’t be everywhere at once. But local police use such strategies as check points, saturation patrols, and having every officer DUI-trained to catch DUI drivers. They also hope other motorists look out for DUI drivers and report them to police to keep other drivers safe. A 9-1-1 call with a location and partial plate could be the difference between a fatal crash, or a driver under the influence ending up behind bars.

After all, DUI is a community issue, which will take a community effort to stop it.

 

Part VI: The insurance myth

There is a myth that many victims of DUI crashes get rich in court. In fact, the opposite is true.

A combination of old insurance laws, minimal enforcement of those laws, and rising costs of medical care has created a new normal where DUI crash victims who live end up smothered in debt. In cases of death, victims’ families are sometimes left with nothing.

“Defendants in drunk driving cases often times have no insurance or far too little insurance to cover an injury or God forbid a death,” attorney Matt Clark explained.

Two major issues are at play. One, insurance companies and the DMV don’t communicate, making it too easy to drive without insurance. The second issue is the minimum coverage rates in California barely cover an ambulance ride to the hospital.

Clark suggests increasing your uninsured/under-insured-driver coverage on your policy.

 

Part V: Your choice

Many of the solutions to end DUI driving would take huge government action, including stiffer penalties. But one solution is in our hands: every single one of us deciding to make the right choice and help others make the right choice, too. Impaired driving, after all, is 100-percent preventable.

 

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MEDIA COVERAGE: KERN COUNTY UNDER THE INFLUENCE

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If you or someone you know is injured in a crash due to the fault of a DUI driver, please call the attorneys at Chain | Cohn | Stiles at (661) 323-4000, or chat with us online at chainlaw.com.

FAQ: How does Chain | Cohn | Stiles stand out compared to other law firms?

October 17, 2018 | 9:20 am


When it comes to choosing an attorney to help you during what may be one of the most difficult times of your life, you want to make sure it’s a lawyer that is knowledgeable and professional, caring and compassionate, and ultimately a winner.

The personal injury and workers’ compensation attorneys at Chain | Cohn | Stiles are proud to check off all of these boxes. In fact, we know the people of Kern County have many choices when it comes to hiring an accident and injury attorney. We want to make sure we stand out compared to other law firms, and the way we do this is by providing superior service.

You may have a lot of questions when it comes to hiring a personal injury or workers’ compensation lawyer or law firm. To help answer these questions, Chain | Cohn | Stiles, with the help of attorney and senior partner Matt Clark, put together several short videos on the topics.

In this blog article, Clark answers the question, “How does Chain | Cohn | Stiles stand out compared to other law firms?” Watch the video here, or read Clark’s answer below.

If you have other questions related to a personal injury, accident or workers’ compensation legal issue, visit Chain | Cohn | Stiles’ Frequently Asked Questions page. Learn more by watching the video on chainlaw.com, or read more below.

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How does Chain | Cohn | Stiles stand out compared to other law firms?

Here are Chain | Cohn | Stiles, we not only believe it’s our obligation and duty to provide our clients with the best representation, but we also believe it’s our duty to provide them with the best customer service as well. I hear all too often of stories from injured people who can never get a hold of their lawyer, never see them, and have no idea what’s going with their case. They begin to lose trust in the system. These are things we want to avoid, while ensuring you’re represented by the best legal team available. We want you to understand what is happening in your case. For these reasons, your lawyer is always available to meet with you or speak with you on the phone or meet with you; or, for a lot of clients, email and text message you.

We tell all clients that it’s important to understand all the issues in their cases, good and bad. A decision will come to either settle your case or go to trial. In order to make an educated decision, you need to understand what is happening, what could happen, and what all of the legal issues are. We feel if we could explain all of this to our clients, we have done a best job possible. We’ve been around nearly 85 years, and one reason is we have been around so long is that we provide superior customer service.

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RELATED VIDEOS

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If you or someone you know has a potential personal injury or workers’ compensation case, contact the lawyers for a free consultation at (661) 323-4000 or visit the website chainlaw.com.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Chain | Cohn | Stiles helps local family affected by crash caused by alleged DUI driver

September 19, 2018 | 9:29 am


On Aug. 18, Bakersfield attorney Henry Noto allegedly got behind the wheel of his vehicle while under the influence, despite previously receiving two misdemeanors — in 2014 and 2016 — for DUI, according to news reports.

On this occasion, however, this decision caused severe injuries to several people when he failed to stop at a stop sign at on Highway 43 and struck another vehicle head on. He had a blood alcohol content of .16 percent at the time of the crash, according to CHP reports.

Noto, 62, was charged on suspicion of driving under the influence of alcohol causing bodily injury in connection with the collision. According to news reports, Noto faces a felony with years of prison time.

Recently, The Bakersfield Californian spoke with Chain | Cohn | Stiles attorney Matt Clark regarding the DUI crash that injured 26-year-old David Perez, who suffered substantial physical injuries, including a brain injury, when Noto crashed into his vehicle. Clark is assisting the Perez family in the civil case with charge, or pro bono.

The crash and case comes before the fifth Bakersfield Walk Like MADD & MADD Dash on Sept. 29, in which Chain | Cohn | Stiles is the presenting sponsor. The event aims to raise awareness of the DUI problem in Kern County, raise funds for MADD Kern County’s educational programs and victim services, and support local victims and survivors of drunk and drugged driving crashes.

You can read more about Chain | Cohn | Stiles’ involvement in the civil case against Noto below. You can also listen to an interview with Clark on the Richard Beene Show by clicking here.

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By Jason Kotowski

A Bakersfield DUI attorney waived his preliminary hearing Monday and will stand trial in connection with an alleged drunken driving crash last month that injured four.

Also, new details have been released regarding the injuries suffered by one of the victims, a correctional officer whose vehicle was struck by attorney Henry Noto.

David Perez, 26, suffered “substantial” physical injuries including a brain injury, attorney Matthew C. Clark of civil law firm Chain Cohn Stiles said Monday.

“It’s going to be a long road for this young man,” he said.

The correctional officer is undergoing therapy at a local rehabilitation center. He can talk and carry on conversations, but Clark said it’s been his experience from representing others with head trauma that it takes time before the full extent of the injuries is known.

Perez had about 30 staples in his head after the crash, he said.

The firm is representing Perez pro bono and expects to soon file a lawsuit against Noto, Clark said. It’s likely they’ll be limited in what they can do for Perez, he said, because whatever money Noto has won’t be enough to pay for the officer’s treatment.

Noto, 62, failed to stop at a stop sign while exiting Interstate 5 at Highway 43 on Aug. 18, according to the California Highway Patrol. He hit Perez’s vehicle and pushed it into opposing lanes, where a third vehicle struck it.

The attorney and a female passenger, Heather Rush, 31, were also injured and taken to a local hospital. The driver of the third vehicle, 32-year-old Lucus Cotter, suffered moderate injuries but declined treatment, according to the CHP.

Noto’s blood-alcohol content was 0.16 percent, twice the legal driving limit, officers said. He’s charged with two felony DUI charges.

Court records show Noto has two prior DUI convictions, both for misdemeanors.

“It’s the same story over and over again,” Clark said. “A guy with multiple DUIs gets into another DUI accident and causes substantial life-changing injuries. It’s getting to be an old story.”

It’s especially troubling, Clark said, because Noto specializes in DUI cases.

“He practices an area of law where he’s fully aware of the risks of driving while intoxicated,” the attorney said. “And he did. He did it multiple times.

“There’s just no excuse for it.”

Noto’s next court hearing is Sept. 27. He remains in custody.

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If you or someone you know is injured in a crash caused by a DUI driver, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com.

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MEDIA COVERAGE