Personal Injury

State Farm Held Liable

Our serious injury attorneys frequently see cases in which insurance companies refuse to pay valid claims and then turn on their insureds accusing them of fraud.
Last Tuesday, the Western Missouri Court of Appeals upheld a jury verdict of nearly $8.5 million against State Farm Mutual Automobile Insurance Company for breach of contract claims and malicious prosecution against a claim holder. The case originated in 1997 when Jennie Hampton reported that her vehicle had been stolen and filed a claim with her insurer, State Farm.
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Antibiotics Cause Tendon Ruptures

The consumer group, Public Citizen filed a lawsuit in the U.S. District Court for the District of Columbia, asking the court to force the Food and Drug Administration to act upon a petition the consumer group filed with the agency 16 months ago. According to the lawsuit, despite long-standing evidence that fluoroquinolone antibiotics can cause tendon ruptures, the FDA has failed to increase its warnings to patients and physicians about the dangers of the medicines.
The FDA failed to respond to the Public Citizen asked
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Defibrillator Delays In Hospitals Lead to Death

In a study published yesterday in the New England Journal of Medicine, the authors concluded that in nearly one-third of cases of sudden cardiac arrest occurring in hospitals, the staff takes too long to respond, greatly increasing the risk of brain damage and death. The authors research indicates that these delays contribute to thousands of deaths a year in the United States alone.
The study was based on the records of 6,789 patients at 369 different hospitals whose hearts suffered from conditions that could be
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Raw Oyster Dangers

A few months ago there was a large amount of news coverage regarding the death of a woman from eating contaminated oysters at an Atlanta restaurant. Now, the Georgia Department of Agriculture is alerting consumers that norovirus has been found in some raw oysters harvested in Louisiana. Georgia Agriculture Commissioner Irvin announced that raw oysters harvested from the West Karako Bay Section of Growing Area 3 in Louisiana from Dec. 3 through Dec. 21 may possibly be contaminated with norovirus. Inspectors are looking for these
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Drug Patch Injuries and Deaths Reported

The Food and Drug Administration has issued a warning about fentanyl pain patches. The fentanyl skin patch contains fentanyl, a potent narcotic. The skin patch was approved by FDA in 1990 for use in patients with persistent, moderate-to-severe pain who have become opioid tolerant – meaning that they have been using another strong opioid narcotic pain medicine around-the-clock, and have been using the medicine regularly for a week or longer. The skin patch is most commonly prescribed for patients with cancer.
The FDA has continued
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Drug Manufacturer Called To Task

Drug manufacturer Genentech has been involved in a dispute with physicians over the use of its drug Avastin. Ophthalmologists became concerned last October when Genentech announced it was changing the distribution channels for Avastin, which would make it much more difficult for patients to receive the drug. Doctors accused the company of making the change to force the use of its more expensive drug, Lucentis.
Lucentis is approved to treat macular degeneration, a condition that causes blindness and is encountered frequently in elderly patients. It
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Insurance Bad Faith And The Death Of A Teenager

As serious injury attorneys we frequently see cases in which insurance companies refuse to pay for treatment for their insureds, knowing that any appeal by the insured will take months, if not years, and that there is no legal remedy which can force the companies to offer timely treatment. In fact, in many cases the only legal remedy is that the company will be required to pay what they already owe, with no allowance for attorney fees and expenses. Unfortunately, in many cases the remedy
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Dangerous Products No Longer Receive Federal Protection

Companies that produce dangerous products suffered a major defaet last week in the United States House of Representaatives. By a vote of 407 to 0, the House of Representatives passed legislation reauthorizing the Consumer Product Safety Commission (CPSC) and included statutory language specifically prohibiting the CPSC from issuing any rule or regulation that expands the scope of federal preemption of state law.
During the Bush administration, the CPSC has issued rules and regualtions which it argues preempt state laws governing dangerous products, thereby depriving innocent
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Bad Faith Insurance Claims

Bad faith insurance claims have always been difficult because the insurance industry has routinely been able to hide behind restrictive laws designed to protect them from even egregious conduct. However, a case pending in Missouri may change this situation.
A Jackson county Missouri trial judge issued an order directing Allstate Insurance Company to produce records which the Plaintiff lawyers allege show how Allstate set up a claims payment system in the 1990s that shortchanges clients while earning huge profits. Despite the judges directive, Allstate refused,
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Government Information To Be More Accessible

Our serious injury lawyers often request information from governmental agencies in efforts to help our clients. Many times, despite laws requiring disclosure, our requests are routinely denied or ignored.
The Bush administration has consistently pushed toward secrecy in government. Former Attorney General John Ashcroft had issued an order instructing agencies to lean against releasing information if there was any uncertainty about how it would affect national security.
Now the Congress is fighting this trend by passing legislation which would expand the Freedom of Information Act
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Perfecting Claims Against Sheriffs And Their Deputies In Georgia

Under Georgia law, a sheriff and only a sheriff is vicariously liable for the negligent acts of his or her deputies. A county sheriff employs the deputy and the deputy reports to the sheriff. Thus, if a deputy sheriff is negligent, the sheriff is liable not the County. Notwithstanding this legal liability, however, there is a confusing element of Georgia law when it comes to perfecting claims against sheriffs and their deputies.
While the law is somewhat ambiguous in this regard and in many ways
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Using a Functional Capacity Evaluation In A Serious Injury Case

In a case involving serious injuries which threaten to impair or impede altogether one’s ability to be gainfully employed, a Functional Capacity Evaluation can be critical in helping to establish the extent of the disability. Functional Capacity Evaluations are performed according to objective criteria which have been proven to be reliable in determining the extent of job related restrictions and limitations. If a client submits to a Functional Capacity Evaluation and is proven by such objective criteria to have limited abilities, such evidence can
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Asthma Medications And Potential Safety Risks

There are several popular medications used by those who suffer from asthma which have an increased market share presence. These include Serevent, Advair and Foradel. All these medications use inhalation powders containing long acting beta agonists, commonly known as “LABA.” Beginning as early as November of 2005, the Food and Drug Administration issued a public health advisory concerning these three drugs informing doctors and patients that the use of these products could increase one’s risk of developing severe asthma and/or possibly having a fatal reaction.
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Vicarious Liability In Serious Injury Cases

A very common issue is a serious injury case is whether there exists any vicarious liability of a third party. If a truck driver runs into a motorist stopped at a stop sign and seriously injures them the question is whether the truck driver alone can be sued and/or their employer. Under longstanding legal principles, an employer is vicariously liable for the acts of the employee. As long as the employee was acting within the scope of his employment at the time of the
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Evaluating Pain and Suffering: A Difficult Task

In a personal injury lawsuit, it is always difficult for the trial lawyer representing the injured victim to talk about money in the context of pain and suffering. How does one fairly compensate an individual who is suffering as a result of the acts of a third party? Someone who is sitting still at a stop sign and who is rear-ended by a commercial truck, for example, and who sustains a broken neck or back is going to be faced with a lifetime of
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Deadly Police Chases Still In The News

As our firm handles police chases for innocent victims tragically caught up in these dangerous pursuits through no fault of their own, and as we have witnessed many different tragedies in this context, we obviously pay close attention to other similar cases throughout the country. Just this past week we read three different articles about three different pursuits in three different states in which innocent bystanders were killed during these dangerous pursuits. In none of the pursuits that we read about were any
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Military Members Have No Recourse For Medical Malpractice

Our military service members stand ready to put their lives on the line to protect the freedoms upon which our country is based. Yet, they are not provided the basic remedies available to other citizens who are victims of medical malpractice.
Under a 60-year-old Supreme Court ruling known as the Feres doctrine, service members are banned from suing the federal government for even the most egregious medical errors.
Pending before Congress is a bill that would remove that inequity. Rep. Maurice Hinchey, D-N.Y., is the
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E-coli Tainted Lettuce Recalled

An outbreak of 19 E-coli related illnesses in Michigan, Ohio and New York may be linked to shredded romaine lettuce sold to grocery stores for use in salad bars and delis, according to the Food and Drug Administration (FDA). Yesterday, the FDA announced a recall of the potentially dangerous produce.
Escherichia coli (abbreviated as E. coli) are a large and diverse group of bacteria. Although most strains of E. coli are harmless, others can be extremely harmful. Strains of E. coli can cause diarrhea, urinary
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Death Linked to Defective Cribs

Yesterday, the Associated Press reported that on Thursday of this week the government recalled thousands of baby cribs manufactured by Simplicity and Graco, after warning that babies could suffocate or strangle in them. Apparently the problem with both types of cribs relates to faulty or defective hardware. According to the article, the Consumer Product Safety Commission said the Simplicity crib recall was linked to at least one death and it involved thousands of cribs. The recall involving Simplicity products is for all full-sized cribs

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Clients Deserve Better And So Do Lawyers

Last night after a long day at work I went home and decided to browse local television shows. In so doing, I came across a program entitled “American Greed.” The topic of the program I was watching was extremely disappointing to me but regrettably a symptom of modern day society. The program dealt with greedy lawyers who were stealing from their clients. I watched the program in amazement because the greed of these lawyers was utterly fantastic and extremely disappointing to me as a plaintiff’s
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