Skip to main content
Karen Kathryn Koehler
Avvo
Pro

Karen Koehler’s Answers

15 total


  • Should medtronics pay expenses of removing a baclofen pump that has been recalled by the Fda.

    I got very sick from the baclofen side effects and demanded the process be reversed.I was titrated down and was told the procedure was reversed but the pump could only be removed if I paid personally two thousand dollars as insurance wouldn't pay ...

    Karen’s Answer

    • Selected as best answer

    You can file a report here: http://www.fda.gov/MedicalDevices/Safety/ReportaProblem/FormsandInstructions/default.htm
    Then contact Medtronics to see if they will cover the copays.

    See question 
  • Who should I hire to sue a car manufacturer that gave no notice of a dangerous product defect, resulting in an accident?

    The defective part (driver side mirror) had been recalled and we were not told. This led to an accident that did not cause any personal injury; only financial and emotional damage.

    Karen’s Answer

    You sound understandably upset. However, no product defect attorney would take your case. These cases are extremely expensive and time consuming. I have handled them, and they typically cost a minimum of $100 to 200,000 minimum in expenses. This is because car manufacturers have armies of lawyers and experts who will fight these claims. Unless a person has been killed or catastrophically injured, we cannot afford to fight these battles.

    See question 
  • Plywood fell of a truck and hit my windshield and hood i followed him off the freeway and got his info what am i entitled too

    the driver of the company truck couldnt find the registration or insurence card but gave me the owners number, i called him and he said he would pay the damages, i sent him the estimate and he said he would take a check to the car repair place, ...

    Karen’s Answer

    Failure to secure a commercial load like this is a violation of state law. RCW 46.61.655. In some circumtances it can be a gross misdemeanor. At a minimum it can be an infraction. If they start playing games, report it to the police. The WSP website provides this link to report a loss of load: http://www.wsp.wa.gov/traveler/escload.php

    See question 
  • What is the statue of limitation for filing a malpractice lawsuit?

    In the state of Washington?

    Karen’s Answer

    Your question cannot be answered unless you provide way more information. Most lawyers will not even try to respond, because the answer is so different depending on the circumstances. If you believe you have a claim, then don't wait. Attorneys will meet with you for free and answer this question once they hear the actual facts.

    See question 
  • Does it sound appropriate to be issued a fail to yield when hit broadside by a bicyclist traveling improperly in driving lane?

    I was exiting a parking lot, crossing lanes and suddenly hit broadside by a bicyclist traveling at a high rate of speed in the driving lane. I did not see the bicyclist. The bicyclist was injured, and caused $2500 damage to my car. I was issued...

    Karen’s Answer

    Because you were entering the roadway from a parking lot, the primary duty fell upon you to enter safely. Everyone on the road - including bicyclists had the right of way as compared to you. The bicyclist was entitled to occupy a lane in the road.

    It is common for people not to see bicyclists because they are not looking for or expecting them.

    Because you hit a bicyclist, your personal injury protection (PIP) is the primary medical insurance. PIP is no fault coverage. If your PIP is used up, the bicyclist will then have to use their own medical insurance.

    You can expect in the future that the bicyclist will make a claim against your insurance for bodily injury which is a different coverage under your policy. You will probably pay for repairs/replacement to the bicycle.

    I hope the bicyclist is not too badly injured.

    See question 
  • When is court approval required to settle an injury claim involving a minor (under 18) in Washington State?

    A minor trips, due to another person's negligence, and received very minor injury. Examined, treated, and released from the medical clinic, and required no follow up treatment. We have heard that the courts must approve any settlement involving ...

    Karen’s Answer

    We have very strict laws concerning minor settlements in our state.

    SPR RULE 98.16 provides as follows:

    (a) Approval of Settlement Required. In EVERY settlement of a claim,
    whether or not filed in court, involving the beneficial interest of an
    unemancipated minor or a person determined to be disabled or incapacitated
    under RCW 11.88, the court shall determine the adequacy of the proposed
    settlement on behalf of such affected person and reject or approve it. If
    a suit for recovery on behalf of the affected person has been previously
    maintained, then the petition shall be filed in that county, or if no such
    suit exists, then in the county where the affected person resides, unless
    either court orders otherwise.

    Usually the insurance company will pay the settlement fees.

    See question 
  • I fell on a metal plate that got wet from rain. Can i sue for injuries sustained.

    I fell walking in flat shoes from a restaurant to a play. It started to rain and the city has put down metal plates in front of this restaurant. As i walked across my feet came out from me and i came down on my left knee first and then all fours. ...

    Karen’s Answer

    So sorry. Hope your injury will be short lived. I routinely turn down these types of cases. Every city I've ever been in has utility plates in the sidewalks. If you sue, your attorney will need to find an expert who says those plates fall below the standard of care for municipalities. This will be hard to do since they are used all over the country. Second, the defense will claim that you were comparatively at fault. If you still believe you have a case, save the shoes you were wearing. And make sure your attorney hires an expert to test the coefficient of friction of the plate when wet. Best regards

    See question 
  • Driver hits jaywalker. Pedestrian at fault. Car's owner not driving. Is pedestrian liable to pay for damages to car?

    I had just stepped off the bus, and ran to cross the street. I had looked both ways, but I did not see the car that was behind the bus. I was jaywalking. I was struck by the car, which I believe was travelling at a reasonable speed. I did not incu...

    Karen’s Answer

    Being hit by a car is never a great experience. Glad to hear you were not seriously hurt. It's also great that you want to take personal responsibility for your own actions. However, you may be giving the vehicle driver too much credit. If he was following the bus and then decided to whip around it, he would have known that the bus was stopped to let off passengers who might be crossing the street. He should have proceeded cautiously. Or perhaps he was speeding. Any number of factors could have occurred that you would not be able to know about since you did not see the vehicle before it hit you.

    Washington is a comparative fault state. This means that you could partially at fault for jay walking and the car criver that hit you could also partially be at fault.

    Regarding your question about the driver not owning the vehicle - so long as he was a permissive user - the owner's insurance would cover the incident.

    Best wishes to you as you work through these issues.

    See question 
  • Liquor liability

    My son was a bar he got very intoxicated for over serving, The bouncer took him out of the bar pushing him around, he got mad and start fighting the bouncer . My son does not remember anything. The bouncer hit him so bad that he end up at th...

    Karen’s Answer

    So sorry to hear about your son.

    There is probably no claim here for these reasons: 1) Assuming your son is of legal age - you do not have the right to sue on his behalf. He is the one who would have to sue; 2) The bar is not supposed to overserve. However, just because they acted wrongly does not mean that your son can sue. The bar does not have a duty to your son to keep him from inflicting self harm (by getting drunk) according to a 1995 case called Estate of Kelly v. Falin; 3) The bar had the right to remove your son so when your son initiated the fight the bouncer acted in self defense; 4) If an intoxicated person is more than 50% at fault for (in this case a fight), then under a statute RCW 5.40.060 a complete defense exists. Meaning there is a complete bar to recovery.

    I've handled many bar cases over the years - including where people have been killed. In my opinion there is no legal case here. However, do not take my word for it. I'm basing my answer on a very general question. But I do want to give you more than a vague answer. Call up an attorney who will provide you with a free consultation so you can explain the exact facts and get an opinion that you can rely upon.

    Best wishes.

    See question 
  • What will happen if someone stole and used my insurance card at an accident?

    I sold my car 6 days ago. The day after I sold it I cancelled insurance. Today Progressive contacted me about my claim. I had no claim. Apparently the guy I sold my car to was in an accident and found my insurance card and used it. My insurance is...

    Karen’s Answer

    It sounds like you should be okay. I'm assuming that when you say you "reported the sale" you mean that you recorded the sale with the Department of Licensing. If so, the guy who got in the accident will show up as being the registered owner. His use of your insurance card was his way of trying to avoid getting in trouble at the time that he needed to exchange insurance information.

    In Washington, you need to have minimum liability insurance with limits of $25,000. If you don't have that insurance you need to certify that you personally have that sum of money available in the event of an incident. If it turns out you have no insurance and no certification then if you are reported to DOL, you face a mandatory fine and possibly other penalties. Here are the rules: http://www.dol.wa.gov/driverslicense/insurance.html

    His use of your card won't make you responsible. He's the one who is on the hook. Report him to DOL if you haven't yet. Best wishes

    See question