- Rebecca Castell | November 30, 2006 1:30 PM |
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Medical MalpracticeA year after Paxil manufacturer GlaxoSmithKline reclassified the drug to indicate a risk of birth defects, a group of obstetricians has declared that pregnant women and those who plan to become pregnant should steer clear of the drug. The antidepressant has been linked to heart defects when taken in the first trimester and other complications when taken later in pregnancy. Use of Paxil and...
- Justin Madden | November 30, 2006 11:56 AM |
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MiscellaneousWith a slow economy forcing more couples or parents to work full time, commercial day care centers have become big business in America. However, parents are wise to be cautious when selecting a child care center to provide care for their infant children while they are at work.Where a center fails to provide appropriate care and attention to a child, and an injury ensues, the parent or parents...
- Rebecca Castell | November 29, 2006 2:00 PM |
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Medical MalpracticeA recent article in the Washington Post points out some scary statistics regarding the rate of human error in health care settings. Human error -- whether it stems from overworked and exhausted medical interns or other causes -- is a leading source of medical errors that kill as many as 98,000 Americans a year, according to the Institute of Medicine (IOM). The problem is particularly acute in...
- Jack Landskroner | November 29, 2006 2:22 AM |
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Medical MalpracticeFor the third time in the last year a supplier of human tissue used in surgical procedures has recalled tissue because of safety concerns. A Minnesota patient apparently was infected with an unusual germ from cadaver tissue used during routine knee surgery -- a discovery that has led the nation's largest tissue bank to ask 750 hospitals around the country to return 2,400 tendons and other body...
- Justin Madden | November 28, 2006 5:11 PM |
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Automobile AccidentsAn Akron woman was sentenced to three years in jail, despite being pregnant, for her negligent driving. She caused a violent motor vehicle accident that left a young female adult paralyzed and killed her fiancee.The victims of the negligent driver have more than the criminal prosecution to obtain justice. They also have the civil justice system to look to for compensation for their losses.
- Justin Madden | November 28, 2006 3:42 PM |
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Automobile AccidentsTraffic fatalities were again an unfortunate part of this holiday season. Reports indicate that 15 motorists were killed in Ohio in separate motor vehicle accidents. Tragically, alcohol was believed to play a role in at least four of the motor vehicle accidents.Injured motorists or families who lost a loved one would be wise to seek legal assistance from a trusted law firm so that full...
- Jack Landskroner | November 28, 2006 12:08 PM |
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Automobile AccidentsIn yet another tragic car accident a Cleveland area man has been killed and a two women injured Saturday afternoon in Ravenna, Ohio. Tony Lane, 52, of Ravenna, was driving east at 11:16 a.m. on Ohio 303 east of Diagonal Road when he went left of center, according to the Ravenna Post of the State Highway Patrol. Lane's Chrysler Eagle sideswiped the left side of a pick-up truck heading west on...
- Rebecca Castell | November 28, 2006 11:16 AM |
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MiscellaneousOn Monday, the U.S. Supreme Court declined review of the appellate decision reversing the $10.1 billion verdict against cigarette maker, Phillip Morris. An Illinois judge had awarded the steep verdict to Illinois residents who were duped into believing that light cigarettes were healthier than the regular versions. The case involved 1.1 million people who bought "light" cigarettes in Illinois....
- Paul Grieco | November 28, 2006 9:22 AM |
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MiscellaneousEvery year thousands of American die due to food poisoning. A recent investigation of school lunch programs in Ohio, reveals that many schools may be putting your child in jeopardy of food poisoning as a result of significant health code violations. Health inspections of 765 schools covering nine counties in Ohio, found that one in 10 schools had serious health code violations-so serious that...
- Paul Grieco | November 27, 2006 3:42 PM |
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Defective & Dangerous ProductsAs a result of three children suffering serious injuries after swallowing small magnetic pieces from Polly Pocket Doll sets, Mattel has recalled 2.4 million doll play sets. The injuries occurred in children who ranged in age from 2 to 8. The injuries sustained were intestinal perforations which is a tearing of the stomach or intestinal lining. The specific toys which were recalled were sold...
- Justin Madden | November 27, 2006 12:10 PM |
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MiscellaneousWith the holiday season, many employers will host an office party and, according to national surveys, alcohol is more likely to be provided than before. However, alcohol-fueled office parties sometimes result in incidents of sexual harrassment.No employer will tolerate sexual harrassment, whether an inappropriate comment, or inappropriate physical contact, to any employee. This will be clearly...
- Jack Landskroner | November 25, 2006 8:16 AM |
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MiscellaneousIn the last two election cycles the Right has targeted Trial Lawyers as the poster-child for the Democratic party. Campaigns suggested that attorneys should be hated and used rhetoric including slogans like "don't feed the Trial Lawyers." The push behind the campaign appeared to be two-fold; first, to undercut a group that on the whole historically has funded and supported the Democratic party...
- Rebecca Castell | November 22, 2006 10:54 AM |
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Defective & Dangerous ProductsOn Monday, federal jurors in Tulsa awarded 15 Million in compensatory damages to the family of an 18-year-old boy killed when his Ford Explorer Sport rolled over. The young man was killed in 2003 as his car flipped 1 1/2 times as he passed another car on a winding road. Tyler Moody, belted in his '95 Explorer Sport, died because the defective vehicle had an inadequate roof-crush tolerance. ...
- Paul Grieco | November 20, 2006 12:04 PM |
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MiscellaneousTom Noe, who last week was convicted of stealing from Ohio's rare coin fund, which was used to fund Ohio's Bureau of Workers Compensation Fund, was sentenced to 18 years in prison, fined $213,000 and ordered to pay restitution in excess of $13 million. The trial and now the sentence, hopefully will send a signal to those who take advantage of their positions and try to steal from public...
- Paul Grieco | November 15, 2006 10:51 AM |
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Automobile AccidentsDrivers have enough to think about when driving down the road in terms of watching out for other drivers. All drivers have a duty and responsibility to maintain a proper look out and act as any reasonable driver would. If they don't and they injure someone they can be held liable and responsible for compensating the person(s) they injure. But what if someone is injured because of a broken...
- Rebecca Castell | November 14, 2006 6:01 PM |
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MiscellaneousHome ownership has increased to an all-time high in the U.S. Unfortunately, the increase has not been across the racial board. While easy credit and government assistance has made it possible for many white, middle-class families to purchase the American dream, minorities including black and Latino families have been left out. This trend began after World War II and persists today. This...
- Paul Grieco | November 14, 2006 2:58 PM |
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MiscellaneousA man who spent 14 years in prison before having his conviction overturned has sued New York City for false arrest, false imprisonment and malicious prosecution. A judge overturned the conviction for murder after determining that there was "powerful " evidence that someone else committed the crime. The suit has shed light on other cases where the prosecution may well have ignored critical...
- Jack Landskroner | November 14, 2006 8:37 AM |
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Wrongful DeathA recent blog by Columbus Injuryboard Attorney Scott Smith highlights a terrible incident that occurred at Ohio State University college where a dormitory elevator defect resulted in the death of a college student when the elevator did not brake properly causing it to crash. Andy Polakowski, attempted to exit the disabled open elevator door located in Stradley Hall when it fell crushing him to...
- Rebecca Castell | November 13, 2006 1:53 PM |
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MiscellaneousThe FDA is suggesting that Tamiflu be packaged with a warning label to doctors and parents to closely monitor children after the drug is administered. Tamiflu, a drug now being used to treat bird flu, has been linked as the cause of over 100 cases of "abnormal behavior" in children overseas, even including 3 deaths from falls. Most of these cases of abnormal behavior, including hallucinations...
- Jack Landskroner | November 12, 2006 9:29 PM |
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Medical MalpracticeWhat is medical malpractice? Generally medical malpractice, also know as medical negligence, occurs when a physician or medical professional fails to practice within the realm of accepted medical standards. In English, this means that a doctor or care provider failed to do what a reasonable care provider would have done or in the alternative did something that the care provider should not have...
- Paul Grieco | November 11, 2006 12:05 AM |
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MiscellaneousA recent decision by the Ohio Supreme Court aids consumers who have been vitimized by unfair business practices. The case-Whitaker v. M.T. Automotive, Inc, 2006-Ohio-5481, held that a consumer who is harmed by the unfair or deceptive trade practices of a supplier is not only entitled to recover actual economic losses, but can also recover noneconomic damages that result from violations of the ...
- Rebecca Castell | November 10, 2006 11:18 AM |
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MiscellaneousPiercings and tattoos used to be considered part of an "alternative" lifestyle, outside of the mainstream. Now, body piercing and tattoos have become widespread, with everyone from teens to parents and grandparents getting 'toos and piercings. The recent rise in popularity has made it an attractive business for people to get into. It seems like there is a tattoo parlor in every neighborhood...
- Paul Grieco | November 10, 2006 9:20 AM |
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Defective & Dangerous ProductsIn my November 1 blog post entiitled Nationwide Outbreak of Salmonella, I informed readers about a recent outbreak of Salmonella poisoning. It turns out that the outbreak was caused by contaminated tomatoes served in restaurants. Restaurant patrons in Ohio and 20 other states were effected. This most recent outbreak of food contamination comes right after a series of e-coli contamination...
- Justin Madden | November 09, 2006 11:06 AM |
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MiscellaneousStuck with a lemon of a car? Ripped off on a home sale? If this has happened, you probablly lost money and want a refund, and maybe have your attorneys fees paid. Until recently, that was about all a consumer could hope to recover.Until recently, there was no compensation for the anger, frustration, and worry, that typically accompanies being ripped off. But in Ohio, the law has changed.This...
- Justin Madden | November 09, 2006 10:45 AM |
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MiscellaneousNational news sources report that 11 million bottles of Acetaminophen have been recalled out of concern that some of the bottles contain metal fragments.If any one were to be injured by ingesting the metal fragment, it would potentially give rise to a case for product liability.
- Justin Madden | November 07, 2006 4:56 PM |
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Workplace InjuriesWith the hunting season nearing full swing, is it open season on injured workers?Apparently school districts have annoucned that injured teachers and school employees are costing the districts too much in workers compensation claims. A determined effort will be made, apparently, to compel injured school employees to do other jobs until they are able to return to their regular job, or to cajole...
- Jack Landskroner | November 07, 2006 8:16 AM |
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MiscellaneousIt has been a long time since I found myself looking forward to an election day. Each year I dread the thought of the mountains of wasted paper sent out in direct mail, the never ending calls for campaign contributions and the onslaught of endless political advertisements on television. But this year its different. I still cringe at the wasteful spending and tasteless marketing but I can...
- Rebecca Castell | November 06, 2006 1:48 PM |
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Automobile AccidentsLast week, Fayette Circuit Judge Thomas Clark overruled a Kentucky woman's request to represent a class of plaintiffs in an action against the nation's second largest insurer, Allstate Insurance. The complaint alleged that the company had employed practices designed to punish injury victims who pursued claims for their injuries. Lawyers for Geneva Hager have accused Allstate of illegally...
- Paul Grieco | November 06, 2006 11:33 AM |
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Automobile AccidentsRecent national data, shows that school bus accidents cause more injuries than had been believed. The data establishes that 17,000 children each year are sent to emergency rooms due to school bus related accidents.While the number of children who are injured may seem small compared to the number of children who travel on school buses each year-some 23.5 million-the number causes concern and...
- Jack Landskroner | November 02, 2006 11:20 AM |
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Property Owner's Liability (Slip & Fall)Fellow Injuryboard Blogger, Stephen Wagner has posted some alarming statistics as published by the Center For Disease Control concerning the number of Dog Bites that occur each year in this country. [N]early 2% of the U.S. population is bitten by a dog each year [....which] translates to nearly 5 million dog bite victims per year, most of whom are children. If you own a dog, it makes good...
- Paul Grieco | November 01, 2006 2:45 PM |
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Defective & Dangerous ProductsThe Center for DIsease Control is investigating a nationwide outbreak of salmonella that has affected over 170 people in 19 states. This most recent outbreak follows the e-coli outbreak that was caused by tainted spinach and which caused the death of several individuals.According to statistics, salmonella infections cause 1.4 million cases of illness and 400 deaths in the United States each...
- Rebecca Castell | November 01, 2006 10:15 AM |
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MiscellaneousAs Jack mentioned on Monday, the Supreme Court heard an important case on punitive damages in Philip Morris USA v. Williams on October 31. This long awaited oral argument was the first chance to see how the Court's new members, Chief Justice John Roberts Jr. and Justice Samuel Alito Jr., would respond to the punitive damages issue. The Court, however, seemed more interested in underlying...