- Jack Landskroner | August 31, 2006 2:48 PM |
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Medical MalpracticeThe Food and Drug Administration (FDA) today announced the formation of a multidisciplinary FDA task force on human cell and tissue safety. "The primary goal of the new task force is to identify whether any additional steps are needed to further protect the public health while assuring the availability of safe products," said Jesse Goodman, MD, MPH, director of CBER. "The creation of this task...
- Justin Madden | August 31, 2006 9:46 AM |
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Defective & Dangerous ProductsIf you bought a car that is constantly breaking down, or requiring repairs, you may have a lemon on your hands. Cars that have mechanical problems may give rise to a lemon law claim.For an excellent article on the latest car models that you might want to avoid, unless you want a lemon law case, visit our friend and fellow blogger Attorney Ron Burge. No matter what car you purchase, new, demo or...
- Justin Madden | August 31, 2006 9:14 AM |
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MiscellaneousAmerican consumers have witnessed an well-publicized increase in the number business corruption scandals that have played out over the last ten years. Just mention "Enron", or "Martha Stewart" and the first thought coming to mind is business corruption. While many of these scandals have involved gluttonous executives and their cravings for absurd levels of luxury, the American consumer now...
- Justin Madden | August 30, 2006 9:13 AM |
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Property Owner's Liability (Slip & Fall)Despite the rhetoric of homeowners liability insurance companies, if you get hurt while on the property of another, you have rights to be compensated. But if you listen to the claims adjuster, who calls when you are injured, the adjuster will try to convince you otherwise.If you slip and fall on another person's property, or a business property, the cause of your fall may have been the owner's...
- Jack Landskroner | August 30, 2006 9:07 AM |
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Automobile AccidentsFellow Injuryboard Blogger Richard R. Schlueter blogs about statistics recently released by the Department of Transportation:The Department of Transportation's statistics show that there are about 6.5 million auto accidents a year and of those, over 3 million suffer minor to very serous injuries. Of these 3 million injuries 2 million are said to cause permanent injuries and over 40,000 of them...
- Jack Landskroner | August 29, 2006 7:44 PM |
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Medical MalpracticeAttorney Ricky Bagolie, Blogs about a recent record setting verdict in San Antonio, Texas where a Jury awarded $160 Million to the family of an senior resident after their legal team was able to establish that the nursing home knowingly paired a frail 81 year old man with a violent, mentally ill roommate who viciously beat him eventually leading to his death.Only two days later after being...
- Paul Grieco | August 29, 2006 3:10 PM |
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Medical MalpracticeIn follow-up to my July 31, 2006 blog concerning plastic surgery and medical malpractice, please review the following verdict which was recently obtained in Florida. Woman awarded $8 millionPosted FLORIDA THE STATE IN BRIEFAugust 25, 2006 NAPLES -- A jury has awarded a Lee County woman $8.25 million after she lost both her breasts in an alleged botched plastic surgery, her attorney...
- Jack Landskroner | August 29, 2006 9:11 AM |
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Medical MalpracticeIn early 2006 the FDA closed down the human tissue recovery agency, Biomedical Tissue Services, operated by a defrocked dentist and a former funeral director. Concerns over questionable tissue recovery practices gave rise to the recall of over 13,000 lots of human tissue which were believed to pose risk for infectious disease including Hepatitis and HIV. Last week the FDA closed yet another...
- Justin Madden | August 29, 2006 8:51 AM |
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MiscellaneousDetecting Stockbroker malpractice begins with the investor. The investor must diligently monitor all trades, fees, commissions and losses, and know whether the stockbroker is complying with the investor's wishes and agreement. It is especially important for the investor to monitor whether the trades that the stockbroker makes are consistent with the investor's risk tolerance.We commend Attorney...
- Paul Grieco | August 29, 2006 12:06 AM |
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Automobile AccidentsEvery year airbags prevent serious injuries to motor vehicle occupants and save over 1500 lives. These remarkable devices, are designned to explode out of the dashboard and side panels of a car in order to protect the driver and front seat passenger from impacting the dashboard and windshield. However when a young child is a passenger in a car, extra caution should be used so that the child is...
- Justin Madden | August 28, 2006 9:18 AM |
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Automobile AccidentsToo many injured motorists give their auto accident cases away.Motorists who are injured in a minor or mild car accident tend to think that the neck or back pain they exprience after the crash is "just a little whiplash". Based upon that incorrect but hopeful self-diagnosis, they settle their injury claim for next to nothing with the eager-to-help insurance adjuster.Ever wonder why the...
- Jack Landskroner | August 27, 2006 9:00 PM |
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Property Owner's Liability (Slip & Fall)For years the Church has protected the worst of the worst criminals; the priests and other clergy who sexually abused the children of their Parrish's. Having litigated a number of these cases we have come to see first hand how the physical abuse and corresponding emotional scarring of these children , now turned adults, continues to haunt them throughout their lives undermining their ability to...
- Jack Landskroner | August 27, 2006 10:29 AM |
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Medical MalpracticeDoctors are taught when assessing a patient's medical condition to create what is known as a "differential diagnosis:" that is, essentially a listing of the possibilities causing the patient's problems. The physician then determines the most probable causes taking efforts to rule out the most ominous conditions, including cancer, before resolving that the condition is a less serious concern. ...
- Jack Landskroner | August 26, 2006 9:39 AM |
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Head & Brain InjuriesWhether you are a cyclist or motorcycle advocate, it makes good sense to strap on the helmet before setting out on the roadway. Head injury is one of the leading causes of death to those who venture out on the roadway on two wheels. For example:More than 80 percent of all motorcycle crashes result in injury or death to the motorcyclist. Per mile driven, a motorcyclist is 16 times more likely to...
- Paul Grieco | August 25, 2006 1:16 PM |
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Property Owner's Liability (Slip & Fall)Tampa Bay attorney Bob Carroll in his blog posting concerning a recall of defective weight lifting bars brings to our attention the need to make sure your gym and fitness club maintain proper and safe equipment. Such facilities owe their members a duty to operate a safe enviroment. Injury resulting from a failure to adhere to this duty can lead to a claim of negligence. Make sure your club...
- Jack Landskroner | August 25, 2006 8:32 AM |
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Defective & Dangerous ProductsA recent Blog post by attorney C. Calvin Warriner which I came across addressed the concern created by contact lens solution including ReNu with MoistureLoc brand. I've now had the opportunity to speak of this concern with one of the worlds top notch opthamologists who specialized in corneal infections and he confirms the concern. His practice is following a number of patients who have...
- Jack Landskroner | August 24, 2006 9:11 AM |
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Defective & Dangerous ProductsThe FDA has approved a new, stronger warning for Dexedrine and some of the other ADHD drugs based on studies by two different FDA advisory committees which considered the safety of ADHD drugs in February and March 2006. The primary distinctions between the recommendations made by these two advisory committees were, to start, the extent of cardiovascular risks associated with Adderall, Concerta,...
- Paul Grieco | August 24, 2006 6:00 AM |
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MiscellaneousGiven the recent number of disasters affecting various areas of our country, one would think that Insurance companies would be stepping up to the plate and properly compensating policy holders for their losses as specified in their insurance policies. However, some insurance companies, who promote profit over people, have decided to deny policy benefits to their insureds in an effort to obtain...
- Jack Landskroner | August 23, 2006 9:45 AM |
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Workplace InjuriesThe Bureau of Labor Statistics has issued its report on workplace fatalities for 2005. The total number of deaths (5,702) is down a fraction from the previous year's 5,764. While 64 fewer people died on the job-site last year than the year before, and that is a blessing, the number is statistically insignificant when looking at the the 143 million participants in the workforce.In some respect...
- Paul Grieco | August 22, 2006 10:28 AM |
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MiscellaneousRecently here in Cleveland, Ohio, a doctor was awarded $1.5 million for exposing fraud at a local hospital. The claim involved illegal patient referals to doctors at the hospital so that the hospital could bill Medicare and earn more money. When a citizen becomes aware of false or fraudulent claims to the government, the False Claims Act allows private citizens to file lawsuits to recover...
- Justin Madden | August 22, 2006 10:00 AM |
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Medical MalpracticeThe saying goes that doctors bury their mistakes. Unfortunately, there is quite a bit of truth to the saying. Therefore, although the idea of an autopsy for a loved one is not a pleasant thought, there are occasions where an autopsy is virtually essential when medical malpractice is suspected. An autopsy, performed by an independent and objective pathologist, is a family's last opportunity to...
- Jack Landskroner | August 21, 2006 5:48 PM |
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Automobile AccidentsWhile there are some cases in which I advise my clients to attempt resolution to a claim without my assistance and offer advice on how best to achieve the results they desire, these cases are few and far between. Our firm's philosophy is to turn away any case in which we believe our representation will not leave the client in a better position than had we not agreed to take the case. I agree...
- Jack Landskroner | August 20, 2006 1:16 PM |
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Medical MalpracticeThe public health crisis created by the improper and illegal harvesting of human tissue continues to grow. U.S. health officials ordered yet another human tissue collection company to shut down on Friday, saying lapses in screening and record keeping put recipients of the donated body parts at risk of infection.Donor Referral Services of Raleigh, North Carolina, and its owner, Philip Guyett,...
- Paul Grieco | August 19, 2006 12:06 AM |
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Automobile AccidentsEach year there are over 6 million car accidents in the United States. Every day we get into our cars we face the risk of being involved in an accident. Everyone knows someone who has been involved in an accident, whether it be through the fault of someone else, or one's own negligence. There is no question that being involved in an auto accident can be a major inconvenience, an aggravation, and...
- Jack Landskroner | August 18, 2006 10:28 AM |
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Defective & Dangerous ProductsDespite the national class action settlement entered into with the states some years ago for the reimbursement of costs paid out for smoking related health care, the Tobacco Companies remain liable to the smokers for deceptive practices which mislead smokers and the general public in the failure to disclose material facts concerning the health affects or addictive nature of smoking cigarettes....
- Jack Landskroner | August 17, 2006 10:47 AM |
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Medical MalpracticeThe FDA has published a July 2006 alert to warn pregnant woman of the risk of taking antidepressant during pregnancy. A recently published case-control study has shown that infants born to mothers who took selective serotonin reuptake inhibitors (SSRIs) after the 20th week of pregnancy were 6 times more likely to have persistent pulmonary hypertension (PPHN) than infants born to mothers who did...
- Jack Landskroner | August 16, 2006 11:02 AM |
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Medical MalpracticeBiomedical scientists say it has become increasingly difficult to get access to the human tissue necessary for research that can save lives. Garry Jennings, who is the director of the Baker Heart Research Institute and the Alfred Hospital as well as president-elect of the Australian Association of Medical Research Institutes suggests: "Our experience is that the consumers who serve on ethics...
- Jack Landskroner | August 16, 2006 10:27 AM |
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MiscellaneousThe recent flooding in Lake County, Ohio has left homeowners wondering how they are going to recover from the emotional and economic losses they have suffered as a result of what has been called a "once every 500 years disaster. One of the residential developments, the Millstone condos, housing over 60 families were inundated, wrecking the structures and destroying most of what was inside....
- Paul Grieco | August 15, 2006 4:08 PM |
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Defective & Dangerous ProductsNext time you hear someone say there are too many lawsuits which cause manufacturers to go out of business, remember that enforcing liability laws actually helps consumers by making products safer. When a dangerous product injures a consumer, the consumer has every right to be properly compensated, and the manufacturer must be held accountable. Often times, a manufacturer knows their product is...
- Jack Landskroner | August 14, 2006 10:03 PM |
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MiscellaneousThank goodness for the work of Trial Lawyers for Public Justice (TLPJ), the nation's public interest civil law firm. This oganization has done more in its 25 year history to protect the rights of consumers, hold those accountable who abuse their authority, fight discrimination and protect the environment than almost any other organization in this nation. (TLPJ) has recently created yet another...
- Paul Grieco | August 13, 2006 12:04 PM |
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Defective & Dangerous ProductsWhile lead poisoning of young children as a result of paint chips from painted walls and windows, is a well known hazard, lead poisoning can result form other defective products as well. Recently, the Cleveland Plain Dealer published a story concerning bendable toys given away by Ohio libraries as well as other states libraries, as prizes for reading, containing four times the legal limit of...
- Jack Landskroner | August 11, 2006 5:20 PM |
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Medical MalpracticeFor those recipients of allograft tissue transplants taken illegally from cadavers in NY and NJ, you'll be happy to learn that one of the target criminal defendants has apparently entered into an agreement to cooperate in the investigation and prosecution of the other defendants including the alleged mastermind behind the scam, Michael Mastromarino. Mastromarino and three other defendants...
- Jack Landskroner | August 10, 2006 10:42 AM |
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MiscellaneousWhile big business and their lobbyist continue to try to undermine the rights of consumers ability to bring class actions lawsuits and in turn try to prevent consumers from banding together to pursue their collective claims for widespread unscrupulous conduct, State and Local governments quietly are endorsing the use of class action lawsuits as an effective mechanism to secure their own...
- Jack Landskroner | August 09, 2006 10:50 PM |
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Workplace InjuriesThe main statute protecting the health and safety of workers in the workplace is the Occupational and Safety Health Act (OSHA). Unfortunately, many employers shortcut OSHA standards exposing their employees and 3rd party contractors to significant increased risk of harm and workplace injury while on the business premises. Under OSHA, The Secretary of Labor may authorize inspections of...
- Jack Landskroner | August 08, 2006 5:09 PM |
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Head & Brain InjuriesA recent study by the Center for Injury Research and Policy (CIRP) in the Columbus Children's Research Institute at Columbus Children's Hospital in Ohio shows that costs associated with the care of traumatic brain injuries suffered by children exceed $1 billion in hospital charges each year. New York Attorney Mike Kaplan makes a good point in suggesting that these costs don't begin to cover...
- Jack Landskroner | August 07, 2006 12:20 PM |
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Automobile AccidentsTed Frank over at Overlawyered brings my attention to an $18 million verdict in a recent South Carolina sudden acceleration lawsuit. Ted argues that the plaintiffs should have turned off the cruise control or slammed on the brakes to prevent an accident that killed one girl and paralyzed another, but I say you can never tell how people are going to react when they panic in such a situation, and...
- Justin Madden | August 07, 2006 9:00 AM |
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Automobile AccidentsAuto insurance companies have been playing hardball against injured motorists in recent years. They may be regreting their tactics now. Notoriously stingy auto insurance companies have been getting hit with larger jury verdicts in cases where the facts and injuries are so bad that the lawyers and judges are perplexed at how the insurance company thought they could win.Recent verdicts in cases...
- Paul Grieco | August 06, 2006 4:14 PM |
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Defective & Dangerous ProductsAs if family members of patients in nursing homes and hospitals didn't have enough to worry about, a study by the FDA has now exposed another danger - Bed Rails. Read more about the potential dangers of bed rails at NPR.org.
- Justin Madden | August 04, 2006 11:00 AM |
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MiscellaneousInvestors are no longer willing to bear the brunt of mismanagement of investment portfolios, or trusts. In addition, investors are more savvy when it comes to questioning hidden fees or improperly calculated fees which negate or reduce the gains on their investments. Prudent investors are consulting with lawyers in reviewing charges, fees, or circumstances surrounding significant investment...
- Paul Grieco | August 03, 2006 7:00 AM |
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Automobile AccidentsPassengers on public transportation such as buses, trains, taxi's and other Common Carriers should know that transportation companies owe their passengers the highest degree of care for their safety. This highest degree of care applies not only for the safety of the passengers while riding on a vehicle, but also for providing a safe place for passengers to "alight" or get off the vehicle. ...
- Justin Madden | August 02, 2006 10:00 AM |
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Medical MalpracticeThe American pharamceutical industry is a mutli-billion dollar industry. But, the United State is experiencing a shortage of qualifed phamarcists. At the same time physicians are writing an increasing number of prescriptions for their patients. The overworked and harried pharamacists at the drug stores are struggling to keep a timely pace with the flood of prescriptions. This situation creates...
- Jack Landskroner | August 02, 2006 7:50 AM |
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Medical MalpracticeEarlier this week Federal Magistrate Judge Ronald J. Hedges, in the United States District Court District of New Jersey, conducted a hearing on matters related to the Human Tissue Litigation stemming from the improper and illegal harvesting of tissue subsequently used by doctors and hospital across the country in surgical procedures. Defendants Medtronic, Spinal Graft Technologies, and...
- Justin Madden | August 01, 2006 10:41 AM |
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Medical MalpracticeA medical mistake during the birth of a child can cause a lifetime injury for the child's family. When medical mistakes occur, which interrupt or deprive an otherwise healthy baby of oxygen during birth, the family of the child is suddenly facing a tragic future. A child that would have grown, gained independence, and ultimately self-support, now represents a permanent demand for care and...