The Injury Lawyer Directory Blog

Burger King Faces Lawsuit after Spit Burger Incident

2010-03-31T09:57:00.001-07:00

A police deputy near Seattle, Washington has filed a personal injury lawsuit against Burger King after being served a spit-covered burger. The lawsuit alleges that the fast food chain is guilty of negligent hiring and supervision of their employees.

Last year, the deputy pulled into the Burger King drive-thru dressed in uniform and driving his police car. When he received his Whopper from the employee at the drive-thru window, he felt the employee was acting suspiciously. This prompted the deputy to examine his burger before eating it.

The deputy's inspection revealed a mound of phlegm on the bottom of the burger. DNA tests identified the phlegm as belonging to a 22-year-old employee. Additional tests were performed to detect the presence of feces, but these tests were not conclusive. The employee was found guilty of third degree assault and spent time in jail.

A year later, the deputy is still psychologically damaged by the incident. He no longer feels comfortable eating out unless he can watch the food being prepared. His lawsuit is seeking unspecified damages in compensation for his emotional trauma.

Restaurants have a responsibility to their patrons to maintain high levels of safety and hygiene. When negligent hiring and supervision practices result in substandard levels of safety and hygiene, the restaurant may be held liable for any damages resulting from their employees' actions. An experienced personal injury lawyer can help ensure your rights are protected.

If you have a personal injury claim in the Seattle or Olympia, Washington, areas, please contact the attorneys at Fuller & Fuller today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Young Children at High Risk for Traumatic Brain Injury

2010-03-29T14:55:00.001-07:00

As spring approaches, more and more young children will once again engage in outdoor playground activities. If you are the parent of a young child, it is important that you pay close attention to your child after a fall in order to detect the signs of a traumatic brain injury.

According to the Centers for Disease Control and Prevention (CDC), young children under age four fall into the high risk category for traumatic brain injuries. Children of this age range do not have a fully developed sense of balance, making them especially prone to falls. Many of these falls occur while playing outdoors on the playground.

While the majority of these falls will not result in a traumatic brain injury, it is possible for your child to develop one of these injuries if the fall results in a jarring blow to the head. In order to prevent serious long term damage, it is crucial that a traumatic brain injury be treated within an hour and a half of the accident. Therefore, it is important to examine your child closely after a serious fall.

Unfortunately, brain injury symptoms are often difficult to detect. In many cases, they take awhile to develop, and if your child is very young, he or she may not possess the verbal skills to communicate these symptoms to you. If your child exhibits any of the following symptoms after a fall, seek medical attention immediately:

Sudden drowsiness
Inability to stay alert
Difficulty recognizing familiar people or places
Sudden whining or irritability
Loss of interest in favorite toys
Numbness on one side of the body
Vomiting
Neck pain

If your child's traumatic brain injury was caused by the negligent actions of another, you may be entitled to receive compensation for your child's damages. It is important to consult an experienced brain injury lawyer who has the skills to handle such a complex case.

If you have a brain injury claim in the Atlanta, Georgia area, please contact the experienced Atlanta brain injury lawyers at Robbins & Associates today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Ohio Court Rules Limits on Lawsuits Against Employers is Constitutional

2010-03-25T09:06:00.001-07:00

The Ohio Supreme Court recently ruled overwhelmingly in support of a 2005 state law which prevents injured employees from filing personal injury lawsuits against their employers while they are still receiving workers compensation benefits. The law requires injured employees to demonstrate proof that their employer's actions were deliberately intended to cause injury.

Injured employees filed suit, claiming the law was unconstitutional, especially in instances where it is clear that poor workplace conditions are very likely to result in injury. In two separate decisions, the court upheld the current law, thereby limiting an employee's ability to file suit.

The justices ruled that the 2005 law is in accordance with the intention and spirit of workers' compensation laws. According to the ruling, workers' compensation laws are in place to establish a compromise between employers and employees. Employees give up their right to sue when injured on the job, which may result in lower monetary compensation for injuries. However, they do not take the risk that they will receive nothing (workers' compensation laws establish clear mandatory benefits).

Employers give up their ability to defend themselves against workers' compensation claims, ensuring that they will have to pay financial compensation to the injured employee. However, they are protected from the possibility of a massive damage award.

Furthermore, the justices ruled that since workers' compensation is a no-fault system, it does not matter whether the employer was negligent in maintaining safe work conditions. There are also many cases where the negligent actions of employees contribute to their injuries, yet they can still collect workers' compensation benefits.

If you have been injured on the job, it is important to consult an experienced workers' compensation lawyer
in order to ensure that your rights are protected.

If you have a workers' compensation claim in the Columbus, Ohio area, please contact the law offices of Robert W. Kerpsack Co., L.P.A. today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Fired Lehman Brothers Whistleblower Makes Bank's Unlawful Accounting Tricks Public

2010-03-22T10:30:00.001-07:00

In May 2008, Lehman Brothers senior vice president Matthew Lee sent a letter to company executives warning them that the bank's accounting practices may be construed as illegal. Last week, Lee's letter was made public in a 2,200 page report issued by the bankruptcy court.

The Lehman Brothers whistleblower discovered evidence that the bank was using an accounting trick called Repo 105 to hide its debt and fragile financial condition from shareholders. According to Lee's letter, the bank would regularly underreport their debt by $5 billion every month.

They accomplished this by generating complex transactions which sold "toxic" mortgage-backed securities at the end of each quarter in order to remove them from their balance sheet. Once regulators and shareholders had examined the balance sheet, the bank would buy back the securities.

In Lee's letter to company leaders, he indicated his belief that these practices were misleading to the public, violating ethical codes and securities law. Under the firm's code of ethics, he felt it necessary to disclose these transgressions.

Several days after receiving Lee's letter, Lehman Brothers fired the whistleblower, citing general layoffs as the reason. However, Lee firmly believes his termination was retaliation for bringing the bank's unethical practices to light.

Four months later, Lehman Brothers declared bankruptcy, starting the massive financial collapse of the American financial system that resulted in the largest global recession in decades.

Lee's whistleblower efforts, along with the bankruptcy court's report, most likely will become the basis for many civil and criminal lawsuits against Lehman Brothers in the months to come.

If you have information indicating that the government has been defrauded by the unethical actions of an individual or corporation, a qui tam attorney can help you bring a claim against the offender. If your whistleblower claim is successful, you may be eligible to receive a reward for your efforts.

If you have a whistleblower claim in the Washington, D.C. area, please contact the qui tam lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Texas Medical Malpractice Victims Must File Suit within 10 Years

2010-03-16T10:29:00.001-07:00

The Texas Supreme Court has recently denied a medical malpractice victim the right to bring suit because the 10 year statute of limitations expired before her surgical error was discovered. The court chose to uphold the statute of limitations despite the fact that the victim had not become aware of the medical error until after this time period lapsed.

The court stated that ten years should be sufficient time to bring a medical malpractice suit, adding that the law was intended to help keep malpractice insurance rates reasonable for doctors. However, their ruling did not acknowledge that some medical errors may take longer than 10 years to become apparent and that in these situations, victims are being denied the compensation they rightfully deserve.

The case in question involved a woman named Emmalene Rankin. In 2006, she began experiencing abdominal pain. When she sought treatment for her pain, doctors discovered that a sponge was left inside her during a hysterectomy performed in 1995. Since the error had occurred more than 10 years ago, Ms. Rankin has been unfairly denied compensation for her injuries and her physician will not be held accountable for his negligent actions. It seems that the Texas Supreme Court got it wrong on this occasion.

It is important to consult an experienced medical malpractice attorney if you have been injured as a result of a medical professional's negligence. You may be entitled to receive compensation for your damages provided the statute of limitations has not expired.

If you have a medical malpractice claim in the Dallas, Texas area, please contact the lawyers at Polewski & Associates today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Woman Awarded $3.5 Million in Damages Due to Medical Malpractice

2010-03-15T15:20:00.001-07:00

A New York jury recently awarded a woman $3.5 million to compensate her for damages caused by medical malpractice. A botched plastic surgery procedure left her deformed.

In 2003, the woman had breast augmentation and a breast lift performed. However, surgical errors resulted in her developing a condition called double bubble. As a result of the embarrassing condition, it looks like she has four breasts (two stacked on top of each other on each side of her body).

The breast implant malpractice has sent the woman into a tail-spin. She experienced diminished self-esteem, became very depressed, and even started sleeping in a different bedroom than her husband. Eventually, her husband grew tired of getting pushed away and filed for a divorce.

The $3.5 million medical malpractice settlement is intended largely to compensate her for pain and suffering.

If you have been the victim of a botched plastic surgery procedure, you may be entitled to receive compensation for your damages. An experienced medical malpractice attorney can help ensure you receive a fair settlement.

If you have a medical malpractice claim in the New York City area, please contact the experienced personal injury lawyers at Silberstein, Awad & Miklos, P.C. today to schedule your free consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Extended Fosamax Use May Cause Bone Fractures

2010-03-10T10:14:00.001-08:00

There have been a growing number of reports tying the popular osteoporosis drug Fosamax to serious bone fractures, particularly the femur, in patients who take the drug for more than five years. Ironically, the drug is prescribed to women in order to strengthen their bones.

Many women have experienced fractures more closely resembling a car accident injury than an injury from a minor fall, where the bone completely snaps in two. Often, these injuries have been caused by casual daily activities such as walking down steps, actions not commonly associated with such serious bone fractures.

Fosamax has been associated with other pharmaceutical injuries in the past. The drug has been known to cause severe musculoskeletal pain, and it has been linked to a condition called osteonecrosis, resulting in the death of bone tissue in the jaw.

Merck, the maker of Fosamax, has often downplayed these side effects, claiming that there is not clear evidence to link these conditions to the drug. While the FDA has asked Merck to update their warning label to address these side effects, the pharmaceutical manufacturer has been very slow to comply.

If you have suffered a serious injury related to your consumption of Fosamax for osteoporosis, you may be entitled to receive compensation for your damages. An experienced pharmaceutical injury attorney can review your claim and advise you on the best way to proceed.

If you have a Fosamax claim in the Oklahoma City, Oklahoma area, please contact the defective drug lawyers at Stipe Injury Law today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune

Burn Injury Spurs Product Liability Lawsuit against McDonald's

2010-03-09T10:17:00.001-08:00

Several years ago, McDonald's settled a product liability lawsuit with a 79-year-old woman due to burn injuries caused by scalding hot coffee. Now they face a second defective product suit associated with burn injuries. However, this time a chicken sandwich was the culprit.

Frank Sutton was eating a fried chicken sandwich in a local Virginia McDonald's chain. When he bit into the sandwich, grease exploded all over his mouth, resulting in severe blistering and burn injuries. He notified an employee who explained to him, "This is what happens to the sandwiches when they aren't drained properly."

The following morning, Sutton woke up to find blood all over his pillow. Seven months later, he has not completely healed, and he is unable to perform certain job tasks which may aggravate his condition. Sutton sued McDonald's for $2 million in compensation for damages resulting in medical bills, lost wages, and pain and suffering.

A federal district court initially dismissed the product liability lawsuit, ruling that Sutton did not prove a standard to which McDonald's must be held and that he did not exercise reasonable care in eating the sandwich. However, the dismissal was recently overturned on appeal, meaning that the trial will move forward.

The federal appeals court ruled that Sutton had presented enough evidence for a jury to potentially conclude the negligent actions of the McDonald's chain violated Virginia's food safety laws.

Fast food chains have a responsibility to take precautions that will prevent patrons from suffering an unnecessary personal injury from consuming their product. When their negligent actions fail to protect the safety of customers, an experienced product liability lawyer can help hold the chain accountable for damages suffered.

If you have a product liability claim in the Washington, D.C. or Virginia area, please contact the Virginia personal injury lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Six Die in Arizona Bus Accident

2010-03-05T10:01:00.001-08:00

Several passengers were ejected from a bus during a collision on Interstate 10 near Phoenix, Arizona this morning. Six people died in the bus accident.

The Arizona Department of Public Safety has stated that the bus rear-ended a pickup truck on the highway, causing the bus driver to lose control of the vehicle. The bus veered to the left, then to the right, eventually going off the road and rolling over into a ditch. Passengers were ejected during the rollover.

There were 21 passengers on the bus at the time of the accident, and 15 were taken to local hospitals for treatment. Five were transported by helicopter due to serious injuries. Two children were injured in the bus accident as well.

All westbound lanes of the highway were blocked as emergency crews assisted the injured victims near the accident site.

If you have been injured in a bus accident, you may be entitled to recover compensation for your damages. An experienced bus accident attorney can help provide you with the greatest likelihood of a successful outcome to your case.

If you have a bus accident claim in the Phoenix, Arizona area, please contact the experienced attorneys at The Mayro Law Firm today to schedule your free initial consultation.

Fornicating Drunk Driver Gets into Auto Accident

2010-03-03T09:55:00.001-08:00

Drunk drivers pose enough of a danger on the road. When you pile additional distractions on a drunk driver, the risk of an auto accident rises exponentially. Fortunately for a distracted drunk driver in Idaho, his accident did not result in bodily injury or death.

Amazingly, no one was hurt when this distracted drunk driver crashed his pickup truck into the kitchen of a home on the side of the road. His blood alcohol level was two times the legal limit, and his intoxicated girlfriend provided him with ample distraction – they were having sexual relations at the time of the auto accident.

The collision destroyed the kitchen of the home, sending the oven into the neighbor's front yard. The couple living in the home dodged a bullet. Had the auto accident occurred just moments earlier, they would still have been sitting in the kitchen and most likely, they would not have survived. Fortunately, they moved into their living room just in time to escape the jaws of death.

Drunk driving and distracted driving are two of the most common causes of auto accidents in our country today. If you have been injured in an auto accident caused by a drunk or distracted driver, you may be entitled to receive compensation for your damages. An experienced auto accident lawyer can help ensure you recover the settlement you deserve.

If you have an auto accident claim in the Washington, D.C. area, please contact the auto accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

GM Recalls 1.3 Million Vehicles

2010-03-02T10:23:00.001-08:00

General Motors has just initiated a recall covering 1.3 million Chevrolet and Pontiac vehicles across North America after receiving numerous reports of power steering problems. Currently, 14 auto accidents resulting in one injury have been linked to these defective products.

The following Chevrolet and Pontiac models have been recalled:

2005-2010 Chevrolet Cobalt (United States)
2007-2010 Pontiac G5 (United States)
2005-2006 Pontiac Pursuit (Canada)
2005-2006 Pontiac G4 (Mexico)

The decision to recall the defective autos came after GM completed an investigation into the problem which began in January 2009. The National Highway Traffic Safety Administration (NHTSA) had recently initiated its own investigation of 905,000 U.S. Cobalt vehicles after more than 1,100 complaints were lodged about power steering issues associated with these vehicles.

The GM investigation indicates that this problem develops gradually and generally affects vehicles after the warranty period is over. Most of the vehicles affected have between 20,000 and 30,000 miles on them.

GM is currently working on a solution to the problem. However, they claim that drivers can still maintain control of the vehicle in the event of a power steering failure. It just may require a greater steering effort on the part of the driver, especially at speeds under 15 mph.

Drivers who experience problems with their power steering will be alerted by a chime, and the "Power Steering" light will be displayed.

If you have been injured as a result of an auto accident caused by a power steering failure in a recalled Chevrolet or Pontiac vehicle, you may be entitled to receive compensation from the auto manufacturer. It is important to consult an experienced defective auto attorney who has the skills and resources to battle the high-powered attorneys employed by the auto manufacturer.

If you have a defective auto claim in West Virginia or Ohio, please contact the experienced defective product lawyers at Jan Dils and Jim Leach, Attorneys at Law today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

10 Biggest Medical Malpractice Verdicts From Illinois in 2009

2010-02-26T13:29:00.000-08:00

Ask any Chicago medical malpractice lawyer and they will tell you that even in a plaintiff friendly place like Cook County these lawsuits are a challenge. In fact 80% of the cases that go to trial in Cook County are won by the defense. That said, some cases are winners. The following is a list of the 10 biggest medical malpractice verdicts from Illinois in 2009 and a brief description of what happened.

1. Award for Plaintiff: $25.00 Million

Case Cite: Payton White, etc. v. Eileen Murphy, M.D.,

Brief Description: Child now 8 is a quadriplegic as a result of doctor not properly interpreting results of a non-stress test and ultrasound which was performed during the day of his birth therefore child suffered oxygen loss at the time of his birth.

2. Award for Plaintiff: $15.71 Million

Case Cite: Elda Heng, etc. vs Rush University, et al.,

Brief Description: A 51 year old woman was left in a vegetative state after a doctor performed a neuroendovascular coiling and stenting procedure which he used a device which was not FDA approved.

3. Award for Plaintiff: $12.50 Million

Case Cite: Lourdes Perez, etc. vs St. Francis Hospital of Evanston

Brief Description: Woman left with choreoathetoid cerebral palsy due to the nurse failing to properly monitor patient and leaving the patients side causing her heart rate to drop. Woman could not be resuscitated in utero so emergency cesarean was perform.

4. Award for Plaintiff: $12.50 Million

Case Cite: Keith Quadros, et al. vs Undisclosed Medical Provider,

Brief Description: Feeding tube was inserted into 3 week old premature infants lung space instead of his stomach. Baby went into respiratory arrest after being fed and suffered oxygen deprivation which in turn caused cerebral palsy.

5. Award for Plaintiff: $12.00 Million

Case Cite: Michael Davis, etc. vs Rashidi Gani Loya, MD., et al

Brief Description: 44 year old woman suffered anoxic encephalopathy and brain damage as a result of alarms failing to sound on the ventilator equipment during an elective biopsy for left ankle pain.

6. Award for Plaintiff: $12.00 Million

Case Cite: Jeremy Law vs OSF Healthcare System

Brief Description: Baby boy born with permanent disabilities and is required to be on a ventilator and 24 hour care. This is a result of the doctor failing to determine child was breech before inducing labor and the nurse’s failure to notify doctor of the baby becoming bradycardic.

7. Award for Plaintiff: $11.00 Million

Case Cite: Mark Bentivenga, etc. vs. Pamela Good win, M.D., et al.,

Brief Description: Case brought by Chicago wrongful death attorney after patient had a brain hemorrhage and died after being induced due to doctors failure to monitor blood pressure knowing the patient had severe preeclampsia and HELLP syndrome.

8. Award for Plaintiff: $10.20 Million

Case Cite: Shawn Luera, et al. vs. Northwestern Memorial Physicians Group, et al.,

Brief Description: 34 year old man left with physical, language and cognitive deficits from doctors failure to diagnose infective endocarditis. This caused the patient to have a embolic stroke.

9. Award for Plaintiff: $9.80 Million

Case Cite: Robert Dickerson, etc vs. Cook County

Brief Description:27 year old woman admitted for preterm labor. Emergency cesarean was performed and he anesthesia team was not informed that the woman was hypovolemic. The women died when the epidural was administered.

10. Award for Plaintiff: $9.75 Million

Case Cite: Rosa Lopez, et al. vs Leeber Cohen, M.D., et al

Brief Description: Pitocin was improperly managed by hospital staff after being administered. Which in turn caused abnormal fetal heart tones. Baby suffered hypoxic ischemic encephalopathy as well as numerous other problems.

Online Seat Belt Commercial Sends Strong Message

2010-02-23T11:32:00.001-08:00

An online seat belt commercial produced by Sussex Safer Roads Partnership has been receiving a great deal of attention recently. On You Tube alone, it has spread its pro-seat belt message to more than 1.5 million viewers. The tagline for the 90 second commercial is "Embrace Life: Always wear your seat belt."

The commercial features a family of three sitting in their living room. The mother has her arm around her daughter as they sit on the couch, smiling at the father, who is sitting on the other side of the room. His arms are positioned in a manner that indicates he is pretending to drive a car. He smiles back at the mother and daughter lovingly.

Suddenly, the father develops a panicked expression and begins to violently turn the "air steering wheel," as if he is trying to swerve to avoid an auto accident. An expression of dread replaces the loving smiles on the mother's and daughter's faces.

The mother and daughter spring into action to save the father. The daughter clasps her arms around his waist, forming the lap belt, while the mother clasps her arms around his torso, forming the shoulder harness. Just as the father is securely fastened by this "human seat belt," his air vehicle is struck, resulting in the "auto accident." The father tries to jerk forward, but he is restrained by the mother and daughter. However, he kicks the small table by his feet, scattering tiny particles of food in a way that resembles shattering glass.

Due to the seat belt restraint, the father's life is saved (or so we are led to believe), and the loving family remains intact. The imagery in this commercial sends a powerful message about the importance of wearing your seat belt. In a serious auto accident, your seat belt may save your life.

If you have been injured in an auto accident caused by the negligence of another driver, an experienced auto accident lawyer can help you receive the compensation you deserve.

If you have an auto accident claim in the Chicago, Illinois area, please contact the law offices of Harvey L. Walner & Associates today to schedule your free initial consultation.

Government Research Finds Avandia Increases Heart Attacks

2010-02-22T14:09:00.001-08:00

New government reports released this week indicate that pharmaceutical manufacturer GlaxoSmithKline has known about the increased risk of heart attacks posed by their drug Avandia. The reports also accuse the company of failing to adequately warn consumers of these risks.

According to the government reports, 304 deaths were attributed to Avandia in the third quarter of 2009. Furthermore, these reports present evidence that if patients were to take an alternative diabetes medication call Actos, 500 heart attacks and 300 cases of heart failure would be avoided each month.

For years, the FDA has been engaged in a debate over what to do with Avandia. Many officials believe the defective drug should be recalled due to a substantial body of evidence that the Type 2 diabetes drug needlessly risks the lives of consumers, especially when a safer alternative exists. Others believe the evidence is inconclusive and that further testing is needed. However, there are serious ethical questions associated with the continued testing of a medication that has been linked to so many fatal heart problems.

The Senate investigation strongly criticizes GlaxoSmithKline, claiming they had a responsibility to warn patients that the drug carries fatal risks. Instead, the drug company has bullied independent physicians and tried to misrepresent data linking Avandia to cardiovascular complications. GlaxoSmithKline strongly denies these claims.

It is important to consult an experienced defective drug attorney if you have suffered a heart attack or heart failure after taking Avandia. You may be entitled to receive compensation for your damages. GlaxoSmithKline's actions associated with the marketing of Avandia are yet another example of a major pharmaceutical company choosing to ignore the signs of a defective product in favor of reaping large profits at the expense if injured consumers.

If you live in New York or New Jersey and have suffered a heart attack or heart failure due to Avandia, please contact the defective drug lawyers at Trief & Olk today to schedule your free initial consultation.

$25 Million Accutane Verdict

2010-02-18T10:50:00.001-08:00

Roche Holding AG, the drug manufacturer that produces Accutane, has been ordered to pay $25.16 million in damages to Andrew McCarrell for injuries caused by taking the drug. McCarrell took the acne medication in 1995 and suffered inflammatory bowel disease as a result. His injuries required five surgeries, including one to remove his colon.

The verdict was the largest awarded in an Accutane trial. Five other Accutane users won damage awards as well. Including McCarrell, Roche must pay $56 million to the victims. The company is currently facing more than 1,000 other defective drug claims regarding Accutane.

The medication, which was released in 1982, has been linked with an increased risk of inflammatory bowel disease, birth defects, and depression. An estimated 13 million people have used the drug over the past 28 years.

In June 2009, Roche decided to remove Accutane from the market, citing the prohibitive cost of defending defective drug lawsuits and an abundance of generic competitors as the reason for the move.

Despite the large verdicts awarded to plaintiffs in these Accutane lawsuits, Roche insists it has provided fair and adequate warning of the risks associated with their product. They plan to appeal the verdict.

If you have been injured as a result of using Accutane, you may be entitled to receive compensation for your damages. It is important to work with a defective drug lawyer who possesses the skills, experience, and resources to take on the high-powered attorneys employed by the pharmaceutical company.

If you have an Accutane claim in the Baltimore, Maryland area, please contact the defective drug lawyers at The Yost Legal Group today.

Jury Awards Woman $12 Million in Medical Malpractice Claim

2010-02-16T14:32:00.001-08:00

Jessica Ramirez was awarded $12 million in a medical malpractice lawsuit against Greater El Monte Community Hospital. Ramirez is currently in a vegetative state after waiting at the emergency room for hours without being treated for a brain injury.

The incident occurred in 2007. Ramirez was shot in the head with an air gun. Immediately following the injury, she was fully conscious and able to walk herself to the emergency room at Greater El Monte Community Hospital. She waited at the emergency room for five hours without being treated. Ramirez was finally air lifted via helicopter to another hospital, where surgery was performed to remove the air-rifle pellet from her brain.

By the time she arrived at the second hospital, Ramirez was minimally conscious and suffered severe, permanent brain damage. As a result of the traumatic brain injury, she needs 24 hour care.

At the trial, the neurosurgeon who operated on her testified that the damage, caused by bleeding and pressure build-up in her brain, would have been substantially less severe had Ramirez received prompt medical treatment.

Greater El Monte Community Hospital supports the actions of their staff, claiming that they were not negligent in failing to treat Ramirez. They plan to appeal the verdict.

If you have suffered an injury do to an emergency room error, you may be entitled to receive compensation through a medical malpractice claim. It is important to consult an experienced medical malpractice attorney to ensure you receive a fair and proper settlement.

If you have a medical malpractice claim in the Tulsa, Oklahoma area, please contact the law offices of Stipe, Harper, Laizure, Uselton, Belote, Maxcey & Thetford today to schedule your free initial consultation.

Hospital Faces Medical Malpractice Charges for Operating on Wrong Side of Brain

2010-02-10T10:25:00.001-08:00

Oakwood Hospital faces a hefty medical malpractice and wrongful death lawsuit after doctors operated on the wrong side of a woman's brain. The family of Deborah Blankenship seeks to recover damages for the loss of their loved one. Blankenship died in December 2008 at the age of 48.

The incident occurred on August 7, 2007, when Blankenship was admitted to Oakwood Hospital while suffering from severe headaches. The doctors diagnosed her with an acute leak from an artery in the brain. After doctors were unable to block the leak, they decided to perform an emergency craniotomy, which involves cutting open the skull to treat the condition.

Doctors mistakenly performed the surgery on the right side of her brain first, before determining that the problem was located on the left side of the brain. Blankenship's family claims that due to the surgical error, enough time elapsed before treatment to cause severe brain damage, which ultimately resulted in her death.

The doctors never received any disciplinary action as a result of their medical errors. Blankenship's family hopes that their lawsuit can help prevent other families from going through a similar experience due to preventable medical errors.

If you have lost a loved one due to medical malpractice, an experienced wrongful death attorney can help you receive the compensation you deserve. It is important to consult an attorney as soon as possible, since there are often important filing deadlines which must be met.

If you have a medical malpractice wrongful death claim in the Orlando, Florida area, please contact the law offices of Michael Barszcz, M.D., J.D. today to schedule your free initial consultation.

Illinois Supreme Court Removes Limitations on Medical Malpractice Awards

2010-02-09T12:03:00.001-08:00

Last Thursday, the Illinois Supreme Court issued a ruling that may have far-reaching implications on the national medical malpractice reform debate. The court overturned a 2005 medical malpractice statute limiting compensation for non-economic damages in Illinois medical malpractice claims.

The law had set limits of $500,000 for malpractice claims against doctors and $1 million for claims against hospitals. These limits applied to non-economic damages only.

The Illinois Supreme Court ruled that the state Constitution clearly established a division of powers, and that the judicial branch alone was entitled to determine the monetary value of non-economic damages in medical malpractice claims. As a result, any limitations imposed by the legislature would be considered unconstitutional.

This decision comes just as the medical malpractice reform debate is heating up in Washington, D.C. Republican lawmakers are strongly in favor of limitations on medical malpractice lawsuits, and such limitations may enter the debate for a bipartisan health care reform bill. It will be interesting to see if the Illinois Supreme Court ruling impacts the debate on a national level.

Currently, each state has the right to decide whether to impose limitations on non-economic damages. Out of the 27 states which have passed similar statutes, 11 have overturned these laws.

The impact of this decision should be felt immediately in the state of Illinois, where injured medical malpractice victims will now have an opportunity to receive the non-economic damages they rightfully deserve in cases of egregious medical negligence. Victims of medical negligence are encouraged to consult an experienced medical malpractice lawyer as soon as possible following a negligent medical error, since there are often statutes of limitations affecting these highly complex cases.

If you have a medical malpractice claim in the Chicago, Illinois area, please contact the experienced malpractice attorneys at Harvey L. Walner & Associates today to schedule your free initial consultation.

Another Toyota Recall on the Horizon?

2010-02-04T10:08:00.001-08:00

Toyota has certainly taken its lumps in recent months, but it appears they are not done yet. The auto manufacturer faces another potential defective auto problem, this time involving the widely popular 2010 Prius. The Prius is their third best-selling vehicle in the United States behind the Camry and Corolla.

More than 100 complaints have been filed with the National Highway Traffic Safety Administration involving potential defective brake issues with the Prius. These reports allege that when the vehicle is driven on a bumpy or frozen road, the brakes have a tendency to cause the car to jerk forward or accelerate for a brief instance.

The past six months have seen a variety of defective auto allegations against Toyota vehicles, spurring two separate recalls. The first Toyota recall involved more than 4.2 million vehicles with defective floor mats which would catch on the gas pedal, resulting in unwanted acceleration. The second recall involved a defective gas pedal which would stick, resulting in excessive acceleration. More than 2.3 million vehicles were recalled for this problem. If Toyota decides to recall the Prius, it will be their third major recall since last fall.

If you have been injured in an auto accident caused by a defective Toyota, you may be able to receive compensation for your damages. An experienced defective auto attorney can help ensure you recover what you rightfully deserve.

If you have a defective auto claim in the Denver, Colorado area, please contact the experienced product liability lawyers at Burg, Simpson, Eldredge, Hersh & Jardine, P.C. today to schedule your free initial consultation.

Transportation Secretary Recommends Not Driving Defective Toyotas

2010-02-03T10:11:00.001-08:00

Department of Transportation Secretary Ray LaHood issued a statement earlier this week advising owners of defective Toyotas to stop driving the vehicles altogether due to safety concerns. The auto manufacturer has recently recalled millions of defective autos containing gas pedals which tend to stick, causing the vehicle to accelerate to dangerous speeds.

Several days ago, Toyota informed the general public that they have determined how to fix the defective product. All recalled vehicles will need to get the pedal assembly reinforced. This will correct the friction problem which has caused many gas pedals to stick.

Replacement parts are currently en route to dealers around the country. Once they arrive, dealers will be working around the clock to repair the problem. Owners of the defective vehicles will be contacted by the auto manufacturer shortly with information about how to proceed with the recall.

Recalled vehicles include:

2009-2010 RAV4, Corolla, Matrix
2005-2010 Avalon
2007-2010 Camry, Tundra
2010 Highlander
2008-2010 Sequoia

This is the second major recall of Toyotas in recent months. Earlier last fall, Toyota initiated a different recall due to defective floor mats which were getting caught on the gas pedal. If you have been injured in a serious auto accident caused by either of these two product defects, you may be entitled to receive compensation for your damages. An experienced defective auto attorney can help ensure you get what you rightfully deserve.

If you have a defective auto claim in the Dallas, Texas area, please contact the experienced personal injury lawyers at Polewski & Associates today to schedule your free initial consultation.

Truckers, Bus Drivers Now Prohibited from Texting while Driving

2010-01-27T09:42:00.001-08:00

A new federal law has placed a ban on texting while driving for drivers of commercial trucks and buses. The new law is designed to curb bus accidents and truck accidents caused by distracted driving.

The law will go into effect immediately, levying fines as large as $2,750 on drivers who fail to comply. Truck and bus drivers may also face both criminal and civil penalties if caught texting while driving.

There has been an increasing body of evidence indicating that texting while driving poses a serious danger to other drivers on the road. The Federal Motor Carrier Safety Administration has presented research indicating that drivers do not focus on the road for roughly 4.6 out of every 6 seconds they are texting. Furthermore, texting while driving results in a 20 times greater likelihood of getting involved in a truck or auto accident.

Over the past year, the federal government has ramped up their efforts to curb distracted driving. President Obama recently approved an executive order prohibiting federal employees from texting while driving government-owned vehicles, and 19 states have enacted laws making it illegal to text while driving.

It is important to consult an experienced truck accident attorney if you have been injured in an accident caused by a distracted truck driver. These claims are very complex, and your lawyer will need a solid understanding of both federal and state trucking regulations in order to help you receive the maximum compensation for your injuries.

If you have a truck accident claim in the Denver, Colorado area, please contact the law offices of Burg, Simpson, Eldredge, Hersh & Jardine, P.C. today to schedule your free initial consultation.

Fatal Track Accident Kills Two Metro Workers

2010-01-26T14:09:00.001-08:00

Two Metro workers were hit by a maintenance truck last night while working on a closed track. Both men died in the work-related railroad accident. They were installing safety equipment on the track at the time of the accident.

The DC Metro system has endured a series of horrific accidents over the past year, leading many to question Metro's safety practices. The most notable incident was a fatal train accident last June taking the lives of eight passengers and a train operator. There were two other fatal Metro accidents in the past year, resulting in the death of two employees.

In November, three employees were injured in a work-related accident when a train on its way back to the rail yard struck a parked train. In December, another accident was narrowly averted when a team of inspectors was almost hit by a train traveling at excessive speeds.

Recently, Metro has taken steps to improve safety by holding a three day workshop with nation-wide track safety experts. However, these efforts were not enough to prevent last night's fatal workplace accident.

Metro will most likely face two wrongful death lawsuits from the accident victims' surviving family members.

If you have lost a loved one in a work-related accident, you may be entitled to receive compensation for your damages. It is important to consult an experienced wrongful death lawyer who can help you with your claim.

If you have a wrongful death or workplace injury claim in the Washington, D.C. area, please contact the law offices of Chaikin, Sherman, Cammarata & Siegel, P.C. today to schedule your free initial consultation.

Baby's Death Spurs Crib Recall

2010-01-20T09:54:00.001-08:00

According to the Consumer Product Safety Commission, the death of a six-month-old baby from Iowa has led to the recall of more than 635,000 cribs. The recall encompasses 20 models of Dorel Asia cribs with drop sides and fixed front rails.

The recall was initiated due to product defects in the cribs resulting in the drop sides detaching, creating a dangerous situation where young children are likely to get trapped and suffocate. The baby from Iowa strangled to death after getting trapped when the crib's drop side broke.

Other defective cribs were recalled due to children getting trapped when the slats break. This breakage can occur while the crib is being used, when it is being assembled, or during shipping.

The CPSC and the crib manufacturer have received 31 reports of drop side detachments; six of these incidents resulted in babies getting trapped. They have also received 36 reports of broken slats resulting in two children getting trapped.

These recalled cribs are sold at Kmart, Sears, and Wal-Mart. You can call Dorel Asia at 866-762-2304 to receive a free repair kit or visit their website at www.dorel-asia.com to learn more about recall protocol.

If your child was injured using one of these defective cribs, you should consult an experienced defective product attorney to see if you are eligible to receive compensation for your damages.

If you have a defective product claim in the Denver, Colorado area, please contact the law offices of Burg, Simpson, Eldredge, Hersh & Jardine, P.C. today to schedule your free initial consultation.

FDA Comes Down on Johnson and Johnson for Poor Response in Tylenol Recall

2010-01-19T09:38:00.001-08:00

The Food and Drug Administration (FDA) has expressed growing concern over Johnson and Johnson's poor response to reports of defective products, including a variety of over-the-counter drugs. The organization has been very critical of the pharmaceutical company, claiming they have failed to take the appropriate action necessary to correct the problem in a timely manner.

While Johnson and Johnson has been receiving numerous complaints from consumers regarding a moldy, musty, or mildew-like odor associated with several of their products since 2008, the company did not issue a recall until November 2009. Last week, the Tylenol recall has been expanded to include other over-the-counter drugs made by Johnson and Johnson.

Symptoms associated with the defective drugs include nausea, stomach pain, vomiting, and diarrhea. A spokesperson for Johnson and Johnson has downplayed the issue, claiming that only a small number of complaints were reported and side effects were not serious.

The FDA does not agree with the pharmaceutical manufacturer's assessment of the issue, arguing that Johnson and Johnson had an obligation to consumers to aggressively investigate and solve the problem in a timely manner.

As a result of Johnson and Johnson's failure to take appropriate action, the FDA recently issued a warning letter to the company requiring them to report back within 15 days, detailing their efforts to address the situation. Failure to take appropriate action at this point will most likely result in more serious consequences, including legal action.

Currently, the Johnson and Johnson recall includes:

Junior strength Motrin
Children's Tylenol grape meltaway tablets
Extra strength Tylenol
Extra strength Tylenol rapid release gelcaps
Extra strength Tylenol PM geltabs
Motrin caplets
Extra strength Rolaids fresh mint tablets
St. Joseph Aspirin chewable orange tablets
Benadryl allergy ultratab tablets

Additional recall information can be found at www.mcneilproductrecall.com or by calling 1-888-222-6036.

If you have suffered an injury from taking one of these defective drugs, you should consult an experienced defective drug attorney to see if you are eligible to receive compensation for your damages.

If you have a defective drug claim in the New York City area, please contact the law offices of Trief & Olk today to schedule your initial consultation.

New Software will Prohibit Drivers from Texting

2010-01-13T09:55:00.001-08:00

A mother in Massachusetts recently witnessed her teenage son weave across the road while using his cell phone, inspiring her to create a new application which prevents cell phone users from sending and receiving text messages while driving.

The new phone application, called the iZup, starts working once the vehicle reaches speeds exceeding 5 mph, and it remains in effect while at red lights or stuck in traffic. Passengers with the iZup on their phones will not be able to text either.

While it may seem unlikely that drivers will want to give up their ability to use their cell phones on the road, the iZup's creator believes the application will be very popular among parents with teenage drivers.

The iZup does allow calls to 911 and the cell phone owner's parents. The software can be downloaded for $5 a month or $50 a year.

Texting while driving is one of the leading causes of auto accidents today. Studies have shown it impairs your ability to concentrate on the road more than driving under the influence of alcohol.

If you have been injured in an auto accident caused by a distracted driver texting on a cell phone, you may be entitled to receive compensation for your damages. It is important to consult an experienced auto accident attorney who can help you with the filing of your claim.

If you have an auto accident claim in the Fort Wayne, Indiana area, please contact the auto accident attorneys at Truitt Law Offices today to schedule your free initial consultation.