Personal Injury & Wrongful Death

Defective Medical Device Question Before Supreme Court

The United States Supreme Court heard arguments yesterday in a case which may have a major impact on lawsuits against medical device makers brought by patients who have been injured by defective products. The Supreme Court will be asked to consider whether patients can bring lawsuits over defective devices which have been cleared for sale by the Food and Drug Administrations’ approval process. In this case, a federal appeals court barred a suit which claims a New York man suffered permanent injury when a Medtronic
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Uninsured Motorist Setoffs

On November 21, 2007, the Supreme Court of Georgia issued an important opinion in Dees, et al. v. Logan, involving uninsured motorist coverage in the state of Georgia. The question presented to the Supreme Court was whether a damage award to an insured can be offset by workers’ compensation or similar benefits paid to the insured. The Court answered with a resounding “No”.
Dees and his wife brought suit against a defendant seeking damages for injuries suffered in an automobile collision. The jury awarded the
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Arbitration Clauses Seek To Ban Class Action Arbitration

In the case of Green Tree Financial Corp. v. Bazzle, 123 S.Ct. 2402, (2003) the U.S. Supreme Court opened the doors to class action arbitrations. The Court held that if an arbitration clause is silent regarding class actions, it’s up to the arbitrator (applying state law) to decide whether class arbitration will proceed.
Banks, credit companies and employers which traditionally have favored mandatory arbitration clauses, have been adding waivers to arbitration contracts specifically exempting class actions from arbitration. Consumer lawyers have responded by challenging the
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Brain Surgery On Wrong Side Of Head Three Times At Same Hospital

It was reported today that a Rhode Island hospital has been fined $50,000 by the Rhode Island Department of Health and reprimanded after a doctor performed brain surgery on the wrong side of the patient’s head.
According to reports, this was the third time this year at the particular hospital that a doctor performed brain surgery on the wrong side of the patient’s head.
The most recent case happened last Friday when the Chief Resident began surgery on the wrong side of an 82 year-old
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Tamiflu Dangers For Children

Last Friday, the Food and Drug Administration (FDA) issued a safety review of Tamiflu, manufactured by Roche, and Relenza, manufactured by Glaxo Smith Kline. Both of these drugs are designed to mitigate the effects of the flu. The review addresses the potential dangerous effect these drugs can have on children.
The FDA began reviewing Tamiflu in 2005 after it received reports of children experiencing neurological problems, including hallucinations and convulsions. Twenty five patients under the age of 21, most of them in Japan, have died
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ATV Dangers – Units Recalled

Late last week, Baja Motor Sports of Phoenix in conjunction with the Consumer Product Safety Commission issued a recall for 16,000 all terrain vehicles marketed for children as young as 12. The Baja 90, Baja Wilderness 90 and Baja Wilderness 90U four-wheel ATVs were recalled because they are missing a tire pressure gauge and a flagpole mounting bracket. Although neither the CPSC nor the company reported any injuries, they did consider the lack of the items to be a potential danger. These particular vehicles were
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Dangerous Toy Lawsuit Filed By California

This week, California’s Attorney General filed a lawsuit against 20 companies implicated in the various lead-tainted toy recalls of 2007. Among the companies named in the lawsuit are Mattel, Fisher-Price, Toys R Us, Wal-Mart, Target, Sears, K B Toys, Costco Wholesale, Eveready Battery Company, K-Mart, and Marvel Entertainment.
The lawsuit alleges that the companies violated the California Safe Drinking Water and Toxic Enforcement Act of 1986 since they failed to notify customers of toys in the marketplace that contained high concentrations of lead. Although the
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Cell Phones- Driving Dangers

Our serious injury lawyers are frequently litigating car collision cases in which the driver causing the serious injury was using a cell phone while operating the vehicle.
Research has consistently shown that operating an automobile while talking on a cell phone, either hand-held or hands-free, increases the risk of an accident by three to four times that normally experienced by attentive drivers. The general consensus of the scientific community is that there is little, if any, difference in crash rates involving hands-free versus hand-held cell
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Serious Dangers from Toys – Will It Ever End?

Many of you have already read press reports about the recall of over 4 million children’s craft kits because they contain beads coated with a chemical that turns into a dangerous drug if ingested. We have previously blogged about problems with Chinese manufactured toys and the Consumer Product Safety Commission.
In light of the massive recalls of these extremely dangerous toys, one has to wonder why these toys reached the shelves of stores in the first place. Many consumer advocates are now contending that these
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Structured Settlements in Serious Injury Cases

When a client is so seriously injured that they may not be able to work again at the same job and will likely incur future medical costs, it may be prudent for the client to consider a structured settlement as opposed to a lump sum cash settlement if one is offered. Our attorneys have handled many serious injury cases where a structured settlement has truly been in the best interests of our client. This is particularly so in the context of cases where the client
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When to Hire a Lawyer for Your Truck Accident Lawsuit

Truck accidents are disastrous and may leave the victims with terrible injuries and emotional trauma.

Often, navigating the aftermath of such accidents is overwhelming, especially with legal matters.

You might wonder if you should hire a lawyer for your truck accident lawsuit.

These cases are far from simple fender-benders; they are entangled in complex regulations involving multiple parties that may or may not make or break your claim.

Knowing when
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Navigating the Complexities: Common Challenges in Product Liability Cases

Product liability cases are really a maze of legal complexities, which leaves consumers and manufacturers alike scratching their heads over what happened.

Usually, in the aftermath of damage caused by a defective product, there will be disputes as to who is responsible and who deserves compensation.

There are several challenges that can complicate the process for all parties as these cases develop.

Knowing these challenges is therefore important for any party navigating this intricate landscape.

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How a Commercial Truck Accident Lawyer Can Help Maximize Your Compensation

Commercial truck accidents can cause devastating injuries, significant property damage, and financial losses that may affect victims and their families for years.

Unlike many standard car accident claims, truck accident cases can involve complex federal and state trucking regulations, multiple potentially liable parties, and substantial insurance policies.

After a serious crash, understanding your legal options and determining the full value of your claim can be challenging.

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5 Benefits of Product Liability Insurance for Businesses

Businesses that manufacture, distribute, import, or sell products can face financial and legal risks if a product allegedly causes bodily injury or property damage.

Even when a company takes reasonable steps to maintain product quality and safety, a product-related claim can lead to significant defense costs and other expenses.

Product liability insurance is designed to help protect businesses against certain claims arising from products they make, distribute, or sell.

Depending on the policy, coverage may help with eligible legal defense costs, settlements, or judgments, subject to policy terms, limits, deductibles, and exclusions.

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How Truck Accident Attorney Maximize Compensation for Victims

Truck accidents can result in severe injuries, extensive property damage, lost income, and long-term financial challenges.

Because commercial trucking claims often involve multiple potentially liable parties, federal and state regulations, and substantial insurance coverage, determining the full value of a claim can be more complicated than a typical car accident case.

A truck accident lawyer can help investigate the crash, preserve important evidence, identify all potentially responsible parties, and assess the short- and long-term impact of your injuries.

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Top 7 Questions to Ask Your Malpractice Lawyer in Atlanta before Taking Legal Action

Dealing with the aftermath of medical malpractice can be exhausting, especially when you are coping with the effects of a traumatic experience.

Whether you have experienced negligent treatment from a hospital or improper care from a physician, it is important to understand your rights and legal options.

Before hiring a malpractice lawyer in Atlanta, asking the right questions can help you evaluate an attorney’s experience, communication style, fees, and approach to your case.

Knowing the questions to ask a malpractice lawyer can also help you make a more informed decision about who is best suited to represent your interests.

Let’s explore seven important questions to ask before choosing a lawyer and taking legal action.

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Medical Malpractice Explained: The Role of a Specialized Injury Lawyer

Have you ever wondered what happens when health goes wrong?

This is a serious issue about medical malpractice that makes patients feel betrayed and helpless.

Being betrayed by the medical experts whom one had trusted is devastating; it touches lives and families.

If you have been harmed due to negligence or error in the medical field, understanding your rights is absolutely important.

This is a very complex area of law, so it requires more than basic knowledge, it really needs specialization.
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Class Action Lawsuits for Product Liability: How a Law Firm Can Help

The stakes are very high with product safety issues.

A single faulty item could also lead to significant damage and monetary loss for the consumer and commercial enterprise.

Therefore, product liability law firm has become a vital law branch that protects consumers from damaging hazards and pitfalls and protects manufacturers’ and distributors’ rights.

Class action suits often form a difficult stage of the journey to justice for victims of defective products.

Understanding Product Liability

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Common Challenges in Truck Accident Lawsuits and How to Overcome Them

It can very well be a highly calamitous truck accident.

It is indeed a serious injury with maximum damage to property.

The process that then usually follows this truck accident is bothersome and confusing.

Sometimes, an intricate knowledge of the complexities of the process works wonders in helping you get your truck accident lawsuit right.

Each step of this liability determination through settlement negotiation contains its own set of challenges.
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Understanding the Role of Medical Mistakes Lawyers: What You Need to Know

Unfortunately, medical errors often cut deep into a patient’s life, affecting not only the individual but also their family.

When people trust healthcare professionals with their health, it is essential to know where to turn when that trust is betrayed.

That is where medical malpractice lawyers fit into the picture.

They comprehend the legal landscape of malpractice cases and help victims achieve justice for their suffering.

But what is a medical mistakes attorney, exactly?

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