Thursday, June 30, 2016

Suing a Family Member for Personal Injury


via Tumblr hobbsr04.tumblr.com/post/146724443707 You go to Uncle Joe’s house every Fourth of July for an Independence Day celebration to remember all year. But what if something goes wrong one year and people get hurt lighting fireworks or swimming in the pool? As your clan expands and more people join the celebrations, the likelihood of injury and accidents increase. Here are some things to consider before you sue Uncle Joe for personal injury and pretty much guarantee that you’ll never attend one of his events again. Family Feud Family members can and do sue each other all the time, so it’s fine if you decide to file suit against relatives for personal injury because you need help with medical expenses and other costs. But there are certainly some added practical and emotional considerations when you turn family matters into legal matters. First, the practical issues. If you sue your uncle, can you recover anything? Does this man have money, insurance coverage, or hidden assets only the family knows about? Now, let’s get emotional. Assuming you sue and collect money, can you calculate consequences for the family as a whole? Will you end up putting your cousins in jeopardy or anyone else? Since you are family, chances are that problems can come around to haunt you, too. Apart from money problems, the legal dispute will spawn many difficult conversations for the whole clan and possibly cause permanent rifts. Community Minded In light of the fact that families, even ones that are not very close, do rely on the strength of all members, it may well be that the best way to address an injury is with settlement. Maybe your uncle pays medical bills and everyone avoids legal fees. Or maybe your insurer will force you to sue your uncle, as happened to a woman who was injured at her sister’s home in Connecticut when her nephew hugged her too effusively. Consult With Counsel If you are injured, by a family member or anyone else, speak to a lawyer. Tell your story and find out your options. There may be a few resolutions. Many lawyers consult for free or a minimal fee and will be happy to discuss your situation. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) First Steps in a Personal Injury Claim (FindLaw’s Learn About the Law) Meeting With an Attorney (FindLaw’s Learn About the Law) Starting a Lawsuit: Initial Court Papers (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/06/suing-a-family-member-f... via Blogger hobbsr04.blogspot.com/2016/06/suing-family-member-for-per...

via Flickr http://www.flickr.com/photos/87814799@N02/27393903283

Suing a Family Member for Personal Injury

You go to Uncle Joe’s house every Fourth of July for an Independence Day celebration to remember all year. But what if something goes wrong one year and people get hurt lighting fireworks or swimming in the pool?

As your clan expands and more people join the celebrations, the likelihood of injury and accidents increase. Here are some things to consider before you sue Uncle Joe for personal injury and pretty much guarantee that you’ll never attend one of his events again.

Family Feud

Family members can and do sue each other all the time, so it’s fine if you decide to file suit against relatives for personal injury because you need help with medical expenses and other costs. But there are certainly some added practical and emotional considerations when you turn family matters into legal matters.

First, the practical issues. If you sue your uncle, can you recover anything? Does this man have money, insurance coverage, or hidden assets only the family knows about?

Now, let’s get emotional. Assuming you sue and collect money, can you calculate consequences for the family as a whole? Will you end up putting your cousins in jeopardy or anyone else? Since you are family, chances are that problems can come around to haunt you, too. Apart from money problems, the legal dispute will spawn many difficult conversations for the whole clan and possibly cause permanent rifts.

Community Minded

In light of the fact that families, even ones that are not very close, do rely on the strength of all members, it may well be that the best way to address an injury is with settlement. Maybe your uncle pays medical bills and everyone avoids legal fees. Or maybe your insurer will force you to sue your uncle, as happened to a woman who was injured at her sister’s home in Connecticut when her nephew hugged her too effusively.

Consult With Counsel

If you are injured, by a family member or anyone else, speak to a lawyer. Tell your story and find out your options. There may be a few resolutions. Many lawyers consult for free or a minimal fee and will be happy to discuss your situation.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/06/suing-a-family-member-for-personal-injury.html

Fatal Fourth of July: 4 Worst Fireworks Injuries


via Tumblr hobbsr04.tumblr.com/post/146717994132 Other than a day off, and maybe the barbecue, the best thing about July 4th is the fireworks. While most of us are happy to see a good show, a few amateurs want to wow our friends, family, and anyone within a quarter-mile with our pyrotechnic skill. But the pros are pros for a reason – normally because they have the experience and safety training (to say nothing of the permits and legal fireworks) to handle munitions-grade incendiary devices without blowing themselves or anyone else up. So think twice before hosting your own Fourth of July fireworks extravaganza. And, if you need more convincing, here are four of the worst fireworks injuries, from our archives: 1. Fireworks Accident Claims Man’s Testicle It’s all fun and games until someone … well, you can guess the rest. The first bad idea was trying to ignite a mortar shell in his neighborhood. The second bad idea was thinking the lit mortar was a dud. The third bad idea was straddling said mortar. The rest, as they say, is history. 2. Did Jason Pierre-Paul Lose a Finger? As it turns out, the New York Giants defensive end lost a good bit of his right hand in an Independence Day accident last year. Although the details of the explosion are murky, the details of his medical chart were leaked by ESPN NFL reporter Adam Schefter, possibly violating federal medical privacy laws. 3. 4th of July Firework Beheads Fargo Man One large detonation that sent visible shockwaves through his neighborhood wasn’t enough for one North Dakota man. When he went back for a second, it took his head off. Jesse William Burley was 41 when a fireworks accident took his life 5 years ago, and he had two young children. Don’t be like Jesse William Burley. 4. Fourth of July Accident: Fireworks Injure 28 It’s not just the amateurs that get it wrong sometimes. A fireworks display sponsored by the Rancho Simi Recreation and Parks Department turned tragic when the platform supporting the gunpowder shells collapsed, aiming the igniting fireworks at the front rows of the crowd. If you’ve suffered a fireworks injury, at home or at a show, you may be able to sue. You should consult with an experienced personal injury attorney in your area – most are happy to talk about your case for free. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) 5 Fourth of July Injuries You Can Easily Prevent (FindLaw’s Injured) It’s a Tradition! Fireworks Laws and Safety Tips (FindLaw’s Injured) Don’t Get Burned by Fireworks This 4th of July (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/06/fatal-fourth-of-july-4-... via Blogger hobbsr04.blogspot.com/2016/06/fatal-fourth-of-july-4-wors...

via Flickr http://www.flickr.com/photos/87814799@N02/27971139316

Fatal Fourth of July: 4 Worst Fireworks Injuries

Other than a day off, and maybe the barbecue, the best thing about July 4th is the fireworks. While most of us are happy to see a good show, a few amateurs want to wow our friends, family, and anyone within a quarter-mile with our pyrotechnic skill. But the pros are pros for a reason -- normally because they have the experience and safety training (to say nothing of the permits and legal fireworks) to handle munitions-grade incendiary devices without blowing themselves or anyone else up.

So think twice before hosting your own Fourth of July fireworks extravaganza. And, if you need more convincing, here are four of the worst fireworks injuries, from our archives:

1. Fireworks Accident Claims Man's Testicle

It's all fun and games until someone ... well, you can guess the rest. The first bad idea was trying to ignite a mortar shell in his neighborhood. The second bad idea was thinking the lit mortar was a dud. The third bad idea was straddling said mortar. The rest, as they say, is history.

2. Did Jason Pierre-Paul Lose a Finger?

As it turns out, the New York Giants defensive end lost a good bit of his right hand in an Independence Day accident last year. Although the details of the explosion are murky, the details of his medical chart were leaked by ESPN NFL reporter Adam Schefter, possibly violating federal medical privacy laws.

3. 4th of July Firework Beheads Fargo Man

One large detonation that sent visible shockwaves through his neighborhood wasn't enough for one North Dakota man. When he went back for a second, it took his head off. Jesse William Burley was 41 when a fireworks accident took his life 5 years ago, and he had two young children. Don't be like Jesse William Burley.

4. Fourth of July Accident: Fireworks Injure 28

It's not just the amateurs that get it wrong sometimes. A fireworks display sponsored by the Rancho Simi Recreation and Parks Department turned tragic when the platform supporting the gunpowder shells collapsed, aiming the igniting fireworks at the front rows of the crowd.

If you've suffered a fireworks injury, at home or at a show, you may be able to sue. You should consult with an experienced personal injury attorney in your area -- most are happy to talk about your case for free.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/06/fatal-fourth-of-july-4-worst-fireworks-injuries.html

Wednesday, June 29, 2016

Onglyza and Heart Failure Risks

For people with type 2 diabetes, Onglyza is a hypoglycemic drug that can help maintain healthy insulin levels. But as with all potentially life-saving medications, there are risks associated with Onglyza use which in themselves can be life threatening. In 2014, the FDA started looking into the link between Onglyza and heart failure, and earlier this year warned that type 2 diabetes medicines like Onglyza “may increase the risk of heart failure, particularly in patients who already have heart or kidney disease.”

Here’s what you need to know about potential side effects of Onglyza, and where to find help if you’ve been injured by your type 2 diabetes medication.

Onglyza on the Heart

Onglyza is the marketing name for the drug saxagliptin, a dipeptidyl peptidase-4 (DPP-4) inhibitor that can lower blood sugar in adults with type 2 diabetes. Most patients are prescribed Onglyza orally, in conjunction with changes to diet and exercise to maintain healthy insulin levels. But the drug can have adverse effects in some patients, especially those with a history of kidney or heart trouble.

FDA warnings on Onglyza already listed serious side effects, such as “[i]nflammation of the pancreas (pancreatitis) which may be severe and lead to death,” and advised users to notify their doctors if they had any history of kidney problems or pancreatitis. Now they’ve added warnings about heart failure. The FDA’s recent research showed that patients taking Onglyza were more likely to be hospitalized for heart failure than those who received only a placebo, and those with a history of heart disease were most at risk.

Legal Help

Onglyza is made by AstraZeneca, and drug manufacturers can be held liable for the side effects and known risks of their products. Under product liability laws, companies generally have a duty to design safe consumer products or to adequately warn consumers about potentially unsafe products.

If you experienced adverse cardiovascular effects after using Onglyza to treat your type 2 diabetes, you may have legal options. Suffering from heart failure can be terrifying, but an experienced product liability attorney can protect your rights and could help you get compensation for your medical bills.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/06/onglyza-and-heart-failure-risks.html

After a Car Accident: What You Need for an Insurance Claim


via Tumblr hobbsr04.tumblr.com/post/146654237222 This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. If there’s a silver lining in the wake of your car accident, it’s that at least you had insurance. But as the saying goes, every silver lining has a touch of grey. Filing a car insurance claim can be complicated and the process can seem never-ending. It feels like your insurance company always wants more paperwork or documentation, and you begin to wonder whose side they’re on. But if you know beforehand what your insurance company will probably want during the claims process, it could take make the system more streamlined and less stressful. Here are some of the things you’ll probably need for your car accident insurance claim: Prompt Notification The first thing you’re insurance company will want is prompt notice of the accident. Most companies require notification within 24 hours of the accident. If you weren’t at fault for the accident, you should also contact the insurance provider of the at-fault driver as well, which is why exchanging insurance information after an accident is so important. Proof of Negligence The most important factor in your car insurance claim will be determining who was at fault for the accident. Therefore, gathering any and all evidence of the accident will be the key to figuring out your car insurance settlement. You will probably be asked to provide photos of the accident scene, the names and contact information of any witnesses, and a detailed account of the incident. So take pictures, if possible, of the damage to your vehicle and the accident scene, and take your own notes on what happened. You can also request a police report of the accident as well. Personal Injury If you were hurt in the accident, proof of your injuries will also be important. Any pictures, notes, or medical records documenting the extent of your injuries will be vital. In addition, you may have to submit to an independent medical examination by a doctor of the insurer’s choice. If you’ve been injured in a car accident, you may be considering a lawsuit, especially if your insurance claim was denied, in which case you’ll probably want your own lawyer. You can contact an experienced personal injury attorney about your claim – most are happy to provide a free consultation. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Car Insurance Claims: Dos and Don'ts (FindLaw’s Learn About the Law) Top 7 Car Accident Liability Questions (FindLaw’s Injured) Do I Need to File a Car Accident Report With the Police? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/06/after-a-car-accident-wh... via Blogger hobbsr04.blogspot.com/2016/06/after-car-accident-what-you...

via Flickr http://www.flickr.com/photos/87814799@N02/27902517071

After a Car Accident: What You Need for an Insurance Claim

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

If there's a silver lining in the wake of your car accident, it's that at least you had insurance. But as the saying goes, every silver lining has a touch of grey. Filing a car insurance claim can be complicated and the process can seem never-ending. It feels like your insurance company always wants more paperwork or documentation, and you begin to wonder whose side they're on.

But if you know beforehand what your insurance company will probably want during the claims process, it could take make the system more streamlined and less stressful. Here are some of the things you'll probably need for your car accident insurance claim:

Prompt Notification

The first thing you're insurance company will want is prompt notice of the accident. Most companies require notification within 24 hours of the accident. If you weren't at fault for the accident, you should also contact the insurance provider of the at-fault driver as well, which is why exchanging insurance information after an accident is so important.

Proof of Negligence

The most important factor in your car insurance claim will be determining who was at fault for the accident. Therefore, gathering any and all evidence of the accident will be the key to figuring out your car insurance settlement.

You will probably be asked to provide photos of the accident scene, the names and contact information of any witnesses, and a detailed account of the incident. So take pictures, if possible, of the damage to your vehicle and the accident scene, and take your own notes on what happened. You can also request a police report of the accident as well.

Personal Injury

If you were hurt in the accident, proof of your injuries will also be important. Any pictures, notes, or medical records documenting the extent of your injuries will be vital. In addition, you may have to submit to an independent medical examination by a doctor of the insurer's choice.

If you've been injured in a car accident, you may be considering a lawsuit, especially if your insurance claim was denied, in which case you'll probably want your own lawyer. You can contact an experienced personal injury attorney about your claim -- most are happy to provide a free consultation.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/06/after-a-car-accident-what-you-need-for-an-insurance-claim.html

Tuesday, June 28, 2016

Who Is Liable for Drowning and Accidents in Private Pools?


via Tumblr hobbsr04.tumblr.com/post/146626182917 It’s hot out and everyone is ready for a dip in the cool waters of the neighborhood pool. But the local swimming hole is actually your private property and you are concerned about liability if you let everyone use it. Good – you should be. You can be liable for all kinds of accidents that happen in your swimming pool, including drowning, even if you don’t invite people to use it. Let’s consider some situations you should work to avoid this summer so that the pool is a party and not a bummer. Liability Issues The owner of a private pool is liable not only for what happens in the pool when someone is home and supervising swimmers but can also be held responsible for what happens when no one is around if they are somehow negligent. That is why you absolutely must ensure that your pool is not accessible to neighbors or strangers. Private pool ownership means a lot of responsibility. Simply posting a sign that warns others that they are trespassing or swimming at their own risk is no guarantee that you will not be sued if someone gets hurt on your property. And that can hold true even when you didn’t invite them. When you do have guests, make sure to monitor any alcohol consumption that happens near the pool, and that children are never left unattended. Your fences must be high and lock from within, and you must ensure that neighborhood children cannot sneak onto your property and play when you are not home. You have a duty to prevent harm or you can be found negligent. Attractive Nuisance You may be surprised to know that in the law there is a concept called attractive nuisance, which acknowledges that small children will be tempted by dangerous terrain and makes property owners responsible for drawing them in. A cool pool on a hot summer day is pretty much the definition of an attractive nuisance, and very likely to draw visitors, whether or not they are invited. You can’t let that happen because you can’t afford an accident on your property. Even if someone is swimming alone in your pool without permission, you can in certain situations be held liable and that will end up costing you dearly. This brings us to the topic of insurance. Property Insurance Pool ownership can cost you a lot in maintenance but the area where you should really spare no expense is insurance. People drown in bodies of water and if someone drowns in the body of water that happens to be on your land, you must have a good insurance policy that can cover damages for substantial injury or even death on your property. A lot can go wrong – from pool chemical injuries to electrocution Talk to a Lawyer If you or someone you love is hurt at a pool or anywhere else this summer, talk to a personal injury attorney and tell your story. Many lawyers consult for free or a minimal fee and will be happy to assess your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) My Neighbors Just Built a Pool – Do They Need a Fence Around It? (FindLaw’s Injured) Swimming Pool Chemicals Injure Thousands Yearly (FindLaw’s Injured) Girl, 11, Electrocuted in Swimming Pool (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/06/who-is-liable-for-drown... via Blogger hobbsr04.blogspot.com/2016/06/who-is-liable-for-drowning-...

via Flickr http://www.flickr.com/photos/87814799@N02/27968816345

Who Is Liable for Drowning and Accidents in Private Pools?

It's hot out and everyone is ready for a dip in the cool waters of the neighborhood pool. But the local swimming hole is actually your private property and you are concerned about liability if you let everyone use it.

Good -- you should be. You can be liable for all kinds of accidents that happen in your swimming pool, including drowning, even if you don't invite people to use it. Let's consider some situations you should work to avoid this summer so that the pool is a party and not a bummer.

Liability Issues

The owner of a private pool is liable not only for what happens in the pool when someone is home and supervising swimmers but can also be held responsible for what happens when no one is around if they are somehow negligent. That is why you absolutely must ensure that your pool is not accessible to neighbors or strangers.

Private pool ownership means a lot of responsibility. Simply posting a sign that warns others that they are trespassing or swimming at their own risk is no guarantee that you will not be sued if someone gets hurt on your property. And that can hold true even when you didn't invite them.

When you do have guests, make sure to monitor any alcohol consumption that happens near the pool, and that children are never left unattended. Your fences must be high and lock from within, and you must ensure that neighborhood children cannot sneak onto your property and play when you are not home. You have a duty to prevent harm or you can be found negligent.

Attractive Nuisance

You may be surprised to know that in the law there is a concept called attractive nuisance, which acknowledges that small children will be tempted by dangerous terrain and makes property owners responsible for drawing them in. A cool pool on a hot summer day is pretty much the definition of an attractive nuisance, and very likely to draw visitors, whether or not they are invited.

You can't let that happen because you can't afford an accident on your property. Even if someone is swimming alone in your pool without permission, you can in certain situations be held liable and that will end up costing you dearly. This brings us to the topic of insurance.

Property Insurance

Pool ownership can cost you a lot in maintenance but the area where you should really spare no expense is insurance. People drown in bodies of water and if someone drowns in the body of water that happens to be on your land, you must have a good insurance policy that can cover damages for substantial injury or even death on your property. A lot can go wrong -- from pool chemical injuries to electrocution

Talk to a Lawyer

If you or someone you love is hurt at a pool or anywhere else this summer, talk to a personal injury attorney and tell your story. Many lawyers consult for free or a minimal fee and will be happy to assess your case.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/06/who-is-liable-for-drowning-and-accidents-in-private-pools.html

Monday, June 27, 2016

Do I Need a Witness to Prove a Car Accident Claim or Case?


via Tumblr hobbsr04.tumblr.com/post/146561027727 This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. If you have been in a car accident, you will need to show evidence of what happened for insurance to coverage the damages. Or, if insurance won’t suffice and the accident is severe, you may end up involved in a lawsuit. Whether or not you have a witness to the accident, you can still prove your claim or case. Witnesses are not the only way that proof is presented, whether a matter is being handled administratively through an insurance claim or legally in a lawsuit. So let’s consider what you can do to prove what happened in an accident if there are no witnesses to support you. What to Do When There Are Witnesses If you have witnesses, great! It’s easier to prove your version of the facts if you have a witness to back you up. So, ideally your accident occurred in front of a large crowd and people were all filming the incident. At the accident scene, make sure you ask witnesses what they saw. Be sure to collect their names and personal information. This will be valuable when you need to present evidence of your claim to your insurance or your lawyer. What If There Are No Witnesses? But even if no one saw what happened, you can use a camera to document the scene. Make sure you take pictures of everything from skid marks to shattered glass to dented fences or fallen trees. Whatever you can see in the surrounding area that may shed light on the accident is something to capture on camera. Immediate injury is going to be an obstacle to your ability to collect evidence, of course. But even if you are stuck in one spot, grab your phone and try to take some shots. Here is another thing to consider when you have no witness and are immobilized or hurt: record your angst and describe what is happening at the scene. Quality of Evidence It may not be the first thing that occurs to you, but recording what you see and hear at the scene can be very helpful to your insurance claim or lawsuit. Because the recordings are temporally close to the accident, or occurred right after, they have a kind of reliability that comes from immediacy and you can use these recordings to support your claim or case, as well as to keep your memory of the incident refreshed. Talk to a Lawyer If you have been injured in an accident, talk to a lawyer about your options. Even if you did not know to take photos at the time and didn’t record anything at the scene, that does not mean you have no alternative ways of proving a claim or case. Many personal injury attorneys consult for free or a minimal fee and will be happy to talk about your case. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Car Accident Basics (FindLaw’s Learn About the Law) Liability: Proving Fault in a Car Crash (Findlaw’s Learn About the Law) Automobile Insurance Coverage Policy (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/06/do-i-need-a-witness-to-... via Blogger hobbsr04.blogspot.com/2016/06/do-i-need-witness-to-prove-...

via Flickr http://www.flickr.com/photos/87814799@N02/27908294726

Do I Need a Witness to Prove a Car Accident Claim or Case?

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

If you have been in a car accident, you will need to show evidence of what happened for insurance to coverage the damages. Or, if insurance won't suffice and the accident is severe, you may end up involved in a lawsuit. Whether or not you have a witness to the accident, you can still prove your claim or case.

Witnesses are not the only way that proof is presented, whether a matter is being handled administratively through an insurance claim or legally in a lawsuit. So let's consider what you can do to prove what happened in an accident if there are no witnesses to support you.

What to Do When There Are Witnesses

If you have witnesses, great! It's easier to prove your version of the facts if you have a witness to back you up. So, ideally your accident occurred in front of a large crowd and people were all filming the incident.

At the accident scene, make sure you ask witnesses what they saw. Be sure to collect their names and personal information. This will be valuable when you need to present evidence of your claim to your insurance or your lawyer.

What If There Are No Witnesses?

But even if no one saw what happened, you can use a camera to document the scene. Make sure you take pictures of everything from skid marks to shattered glass to dented fences or fallen trees. Whatever you can see in the surrounding area that may shed light on the accident is something to capture on camera.

Immediate injury is going to be an obstacle to your ability to collect evidence, of course. But even if you are stuck in one spot, grab your phone and try to take some shots. Here is another thing to consider when you have no witness and are immobilized or hurt: record your angst and describe what is happening at the scene.

Quality of Evidence

It may not be the first thing that occurs to you, but recording what you see and hear at the scene can be very helpful to your insurance claim or lawsuit. Because the recordings are temporally close to the accident, or occurred right after, they have a kind of reliability that comes from immediacy and you can use these recordings to support your claim or case, as well as to keep your memory of the incident refreshed.

Talk to a Lawyer

If you have been injured in an accident, talk to a lawyer about your options. Even if you did not know to take photos at the time and didn't record anything at the scene, that does not mean you have no alternative ways of proving a claim or case. Many personal injury attorneys consult for free or a minimal fee and will be happy to talk about your case.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/06/do-i-need-a-witness-to-prove-a-car-accident-claim-or-case.html

Thursday, June 23, 2016

Hip Implant System Recalls and Injuries


via Tumblr hobbsr04.tumblr.com/post/146376479382 Unfortunately for those who have replaced hips, being unattached to body parts is a familiar notion. Still, no one expects a hip replacement to have to be replaced due to defects. Yet it happens a lot. The materials in hip replacements are not exactly ideal for general physical health when they leach into people’s systems, which is what they can do. Complaints about leaching metals, hip corrosion, fretting, and other issues have led to lawsuits over numerous types of hip systems used to replace old and worn bones. Hip Hype According to Drug Watch, Stryker Corporation recalled two of its hip implants in 2012 and lawsuits are still being filed for injuries associated with the discontinued and defective implants. The Rejuvenate Modular and ABG II Modular-Neck Hip Stems were both the subjects of an urgent field safety notice nearly half a decade ago, warning surgeons to stop implanting the hips. The corporation received complaints of corrosion and fretting. Fretting About Fretting Patients should fret about “fretting,” which is a term that doesn’t sound so bad, but is actually a very dangerous medical phenomenon. What fretting describes is the process of implant parts breaking off and leaching into the bloodstream, tissue, and bones. It’s no good, which is why Stryker stopped selling its two hip implant products but is still dealing with injury suits. They are not alone. Metallosis and Modular Hips Omni’s Apex K2 hip replacement system reportedly seemed revolutionary because it allows doctors to mix and match parts to create the perfect fit for a patient. But the new building block style hip implant system has its own defects, which have also led to complications. The hips are built with metal bits that can rub against each other and cause friction, which leads to metallosis. The following are symptoms of the condition: Auditory impairment that may lead to deafness Cardiomyopathy (heart problems), including heart failure Cognitive impairment Implant loosening Infection Nerve problems Noise coming from the hip Skin rashes Thyroid problems Visual impairment that may lead to blindness In addition to all of the above, metallosis means you have to replace your hip again. Revision surgery can be draining and every surgery has potential complications. But you can recover damages in a lawsuit to ease your financial pain at least. Last but Not Least Yet another medical device company failed at hip replacement and that is DePuy Orthopaedics. It recalled its Hip Resurfacing System and ASR XL Acetabular System after complaints of injury and studies showing high implant failure rates. So you see, hip replacement injuries are common. Talk to a Lawyer If you too have been injured by one of these systems or any other medical device, find out more about your legal options. Speak to an attorney. Many lawyers consult for free or a minimal fee and will be happy to assess your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) DePuy Hip Implants (FindLaw’s Learn About the Law) Metal Hip Replacement Lawsuit (FindLaw’s Learn About the Law) Metal Hip replacement Side Effects (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/06/hip-implant-system-reca... via Blogger hobbsr04.blogspot.com/2016/06/hip-implant-system-recalls-...

via Flickr http://www.flickr.com/photos/87814799@N02/27764286922

Hip Implant System Recalls and Injuries

Unfortunately for those who have replaced hips, being unattached to body parts is a familiar notion. Still, no one expects a hip replacement to have to be replaced due to defects. Yet it happens a lot.

The materials in hip replacements are not exactly ideal for general physical health when they leach into people's systems, which is what they can do. Complaints about leaching metals, hip corrosion, fretting, and other issues have led to lawsuits over numerous types of hip systems used to replace old and worn bones.

Hip Hype

According to Drug Watch, Stryker Corporation recalled two of its hip implants in 2012 and lawsuits are still being filed for injuries associated with the discontinued and defective implants. The Rejuvenate Modular and ABG II Modular-Neck Hip Stems were both the subjects of an urgent field safety notice nearly half a decade ago, warning surgeons to stop implanting the hips. The corporation received complaints of corrosion and fretting.

Fretting About Fretting

Patients should fret about "fretting," which is a term that doesn't sound so bad, but is actually a very dangerous medical phenomenon. What fretting describes is the process of implant parts breaking off and leaching into the bloodstream, tissue, and bones. It's no good, which is why Stryker stopped selling its two hip implant products but is still dealing with injury suits. They are not alone.

Metallosis and Modular Hips

Omni's Apex K2 hip replacement system reportedly seemed revolutionary because it allows doctors to mix and match parts to create the perfect fit for a patient. But the new building block style hip implant system has its own defects, which have also led to complications.

The hips are built with metal bits that can rub against each other and cause friction, which leads to metallosis. The following are symptoms of the condition:

  • Auditory impairment that may lead to deafness
  • Cardiomyopathy (heart problems), including heart failure
  • Cognitive impairment
  • Implant loosening
  • Infection
  • Nerve problems
  • Noise coming from the hip
  • Skin rashes
  • Thyroid problems
  • Visual impairment that may lead to blindness

In addition to all of the above, metallosis means you have to replace your hip again. Revision surgery can be draining and every surgery has potential complications. But you can recover damages in a lawsuit to ease your financial pain at least.

Last but Not Least

Yet another medical device company failed at hip replacement and that is DePuy Orthopaedics. It recalled its Hip Resurfacing System and ASR XL Acetabular System after complaints of injury and studies showing high implant failure rates. So you see, hip replacement injuries are common.

Talk to a Lawyer

If you too have been injured by one of these systems or any other medical device, find out more about your legal options. Speak to an attorney. Many lawyers consult for free or a minimal fee and will be happy to assess your case.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/06/hip-implant-system-recalls-and-injuries.html

5 Questions About Wrongful Death Lawsuits


via Tumblr hobbsr04.tumblr.com/post/146368740982 Accidents happen, but sometimes they happen because of someone’s negligence. And when someone’s negligence leads to another person’s death, family and loved ones of the deceased person may file what are known as wrongful death lawsuits. Wrongful death lawsuits can be complicated, and there are several limiting factors when it comes to filing them. So here are five important questions (and answers) regarding wrongful death claims from our archives: 1. Who Can Sue for Wrongful Death? Not just anyone can file a wrongful death lawsuit. Wrongful death claims are normally limited to surviving family members, like parents, spouses, and children. Some state statutes also permit domestic partners, grandparents, and brothers and sisters to sue for wrongful death. As a general rule, only those who are financially harmed by a person’s death can file a wrongful death claim. 2. Death at Work: Workers’ Comp or Wrongful Death Claim? Workers’ compensation insurance exists to protect employees in case of injury and stabilize expenses for employers. So for normal workplace injuries, employees are barred from filing a civil lawsuit and must rely on workers’ comp coverage to get paid for medical bills and lost wages. But is that true in workplace injuries that result in death? 3. What Is a Wrongful Death of the Mother Claim? Wrongful death claims can vary depending on the deceased – a claim concerning the death of a child will look different from a claim concerning the death of a parent. So what do wrongful death claims concerning mothers look like, and how do they differ? 4. What Damages Are Awarded in Wrongful Death Lawsuits? Wrongful death damages are normally split into two categories: pecuniary, or financial damages like lost wages, medical bills, etc.; and punitive damages to punish a party’s bad behavior. Find out how these damages are decided, how to prove them, and whether there are caps on how much you can receive. 5. When Is It Too Late to Sue for Wrongful Death? Some of the biggest restrictions on wrongful death claims are called statutes of limitation. Every legal case has time limits before which you must file a claim or you forfeit the right to sue. And the statute of limitations on wrongful death claims can be shorter than you think. Wrongful death lawsuits can be complicated, adding legal strain to an already emotionally stressful time. But an experienced personal injury attorney can help. Contact one in your area – most are happy to consult with you about your case for free. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) How to Prove Fault in a Wrongful Death Case (FindLaw’s Injured) After a Tragic Shooting, Wrongful Death Suits Follow (FindLaw’s Injured) Cannabis Candy Maker Faces First Pot Wrongful Death Suit (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/06/5-questions-about-wrong... via Blogger hobbsr04.blogspot.com/2016/06/5-questions-about-wrongful-...

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5 Questions About Wrongful Death Lawsuits

Accidents happen, but sometimes they happen because of someone's negligence. And when someone's negligence leads to another person's death, family and loved ones of the deceased person may file what are known as wrongful death lawsuits.

Wrongful death lawsuits can be complicated, and there are several limiting factors when it comes to filing them. So here are five important questions (and answers) regarding wrongful death claims from our archives:

1. Who Can Sue for Wrongful Death?

Not just anyone can file a wrongful death lawsuit. Wrongful death claims are normally limited to surviving family members, like parents, spouses, and children. Some state statutes also permit domestic partners, grandparents, and brothers and sisters to sue for wrongful death. As a general rule, only those who are financially harmed by a person's death can file a wrongful death claim.

2. Death at Work: Workers' Comp or Wrongful Death Claim?

Workers' compensation insurance exists to protect employees in case of injury and stabilize expenses for employers. So for normal workplace injuries, employees are barred from filing a civil lawsuit and must rely on workers' comp coverage to get paid for medical bills and lost wages. But is that true in workplace injuries that result in death?

3. What Is a Wrongful Death of the Mother Claim?

Wrongful death claims can vary depending on the deceased -- a claim concerning the death of a child will look different from a claim concerning the death of a parent. So what do wrongful death claims concerning mothers look like, and how do they differ?

4. What Damages Are Awarded in Wrongful Death Lawsuits?

Wrongful death damages are normally split into two categories: pecuniary, or financial damages like lost wages, medical bills, etc.; and punitive damages to punish a party's bad behavior. Find out how these damages are decided, how to prove them, and whether there are caps on how much you can receive.

5. When Is It Too Late to Sue for Wrongful Death?

Some of the biggest restrictions on wrongful death claims are called statutes of limitation. Every legal case has time limits before which you must file a claim or you forfeit the right to sue. And the statute of limitations on wrongful death claims can be shorter than you think.

Wrongful death lawsuits can be complicated, adding legal strain to an already emotionally stressful time. But an experienced personal injury attorney can help. Contact one in your area -- most are happy to consult with you about your case for free.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/06/5-questions-about-wrongful-death-lawsuits.html

Wednesday, June 22, 2016

Lawsuits: Morning Sickness Drug Zofran Causes Birth Defects


via Tumblr hobbsr04.tumblr.com/post/146321888612 Morning sickness is an unpleasant and unfortunate side effect of pregnancy. And expectant mothers, doctors, and drug manufacturers have long been searched for a cure for pregnancy-related nausea. The trouble is finding a remedy that won’t have an adverse effect on the fetus. GlaxoSmithKline thought they had stumbled upon an answer with Zofran, a drug originally used to combat nausea in cancer patients undergoing chemotherapy. But a new series of lawsuits claims Zofran causes birth defects, and that GlaxoSmithKline never cleared it for use on pregnant women. FDA Approval When drugs are approved by the Food and Drug Administration, they are normally approved for a particular purpose. In the case of Zofran (also marketed as Zuplenz or its generic ondansetron), FDA approval was for preventing nausea and vomiting in cancer patients undergoing chemotherapy, but only as a Category B pregnancy drug. Category B means it was tested safely on pregnant animals, but not on humans. Doctors are allowed to prescribe drugs for “off-label” uses, but drug companies are prohibited from pushing drugs for uses that haven’t been approved by the FDA. Recent lawsuits are accusing GSK of “using expectant mothers and their unborn children as human guinea pigs” in order to test the effects of Zofran. And some of those effects have been catastrophic, including congenital heart, orofacial, and septal defects as well as kidney malformation and even stillbirths. GSK Liability GlaxoSmithKline already plead guilty and agreed to pay $3 billion as the result of a Department of Justice investigation into the company’s unlawful promotion of Zofran and other prescription drugs. GSK was allegedly pushing doctors to prescribe Zofran to pregnant women, even though the FDA ordered GlaxoSmithKline to “immediately cease distribution” of ads that “promote Zofran in a manner that is false or misleading because it lacks fair balance” as far back as 1999. But that previous settlement allegedly doesn’t cover sever birth defects from Zofran use, and there were almost 200 lawsuits filed against GSK over Zofran birth defects last year alone. Most, if not all, of those suits are being consolidated into one case against the drug company. If you used Zofran to treat morning sickness and your child was born with birth defects, you may be entitled to compensation. You should consult with an experienced personal injury attorney about your case – most are happy to review your claim for free. Related Resources: Injured by Zofran for Morning Sickness? Get your claim reviewed by an attorney for free. (Consumer Injury) When Can You Sue for Drug-Related Birth Defects? (FindLaw’s Injured) Top Legal Tips for Birth Defects Lawsuits (FindLaw’s Injured) Dangerous Drugs (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/06/lawsuits-morning-sickne... via Blogger hobbsr04.blogspot.com/2016/06/lawsuits-morning-sickness-d...

via Flickr http://www.flickr.com/photos/87814799@N02/27742953492

Lawsuits: Morning Sickness Drug Zofran Causes Birth Defects

Morning sickness is an unpleasant and unfortunate side effect of pregnancy. And expectant mothers, doctors, and drug manufacturers have long been searched for a cure for pregnancy-related nausea. The trouble is finding a remedy that won't have an adverse effect on the fetus.

GlaxoSmithKline thought they had stumbled upon an answer with Zofran, a drug originally used to combat nausea in cancer patients undergoing chemotherapy. But a new series of lawsuits claims Zofran causes birth defects, and that GlaxoSmithKline never cleared it for use on pregnant women.

FDA Approval

When drugs are approved by the Food and Drug Administration, they are normally approved for a particular purpose. In the case of Zofran (also marketed as Zuplenz or its generic ondansetron), FDA approval was for preventing nausea and vomiting in cancer patients undergoing chemotherapy, but only as a Category B pregnancy drug. Category B means it was tested safely on pregnant animals, but not on humans.

Doctors are allowed to prescribe drugs for "off-label" uses, but drug companies are prohibited from pushing drugs for uses that haven't been approved by the FDA. Recent lawsuits are accusing GSK of "using expectant mothers and their unborn children as human guinea pigs" in order to test the effects of Zofran. And some of those effects have been catastrophic, including congenital heart, orofacial, and septal defects as well as kidney malformation and even stillbirths.

GSK Liability

GlaxoSmithKline already plead guilty and agreed to pay $3 billion as the result of a Department of Justice investigation into the company's unlawful promotion of Zofran and other prescription drugs. GSK was allegedly pushing doctors to prescribe Zofran to pregnant women, even though the FDA ordered GlaxoSmithKline to "immediately cease distribution" of ads that "promote Zofran in a manner that is false or misleading because it lacks fair balance" as far back as 1999.

But that previous settlement allegedly doesn't cover sever birth defects from Zofran use, and there were almost 200 lawsuits filed against GSK over Zofran birth defects last year alone. Most, if not all, of those suits are being consolidated into one case against the drug company.

If you used Zofran to treat morning sickness and your child was born with birth defects, you may be entitled to compensation. You should consult with an experienced personal injury attorney about your case -- most are happy to review your claim for free.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/06/lawsuits-morning-sickness-drug-zofran-causes-birth-defects.html

Do I Need to File a Car Accident Report With the Police?


via Tumblr hobbsr04.tumblr.com/post/146305961032 This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. It’s normally the first or second question that pops up after a car accident, right after “Is everyone OK?” Before you’re even exchanging insurance information, you’re wondering whether you need to alert the police or highway patrol so they can file an accident report. Maybe if you’ve just gotten a love tap at a stop sign you and the other driver (or your respective insurance companies) can sort out the details. But if there’s any dispute about what happened, or if anyone has been injured, you’re probably better off filing a police report. Here’s why: Documenting the Scene Memories fade; recollections vary; and details get misremembered. But an accurate police report, documenting the evidence gathered just after an accident, can preserve the facts of the case in a way that a person’s mind may not. If the other driver later disputes who ran which stop sign, the police report can contain pictures or drawings of the position of the cars; if they contest the damage to vehicles, the report can attest to how extensive the collision was; and if they say no one was hurt, the report may contain interviews with everyone involved at the time. These details may not seem important at the time, when calling the police sounds like a time-consuming hassle, but a police report can become crucial if your car accident claim ever goes to court. Determining Fault One of the biggest factors in a car accident claim is determining who was at fault for the accident. And one of the biggest tools in proving fault in a car accident is the police report. That’s why it’s not only important to make sure a police report is filed after your accident, but to make sure it’s accurate – read and review the accident report and request any revisions if need be. While it is possible to file an injury claim without a police report, it may be more difficult to win your case without one. Depending on your state laws, you will need to prove someone else was at fault for your injuries, or at least more at fault than you were. And a good police report is often step one in proving fault in a car accident claim. As such, it is one of the documents you’ll want to show your attorney after the accident. And yes, if you’ve been injured in a car accident you should absolutely contact an experienced car accident attorney. Most attorneys are happy to consult with you about your case for free. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) 5 Car Accident Myths (FindLaw’s Injured) Car Accident Investigations: How Do They Work? (FindLaw’s Injured) 3 Mistakes That Can Ruin Your Car Accident Lawsuit (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/06/do-i-need-to-file-a-car... via Blogger hobbsr04.blogspot.com/2016/06/do-i-need-to-file-car-accid...

via Flickr http://www.flickr.com/photos/87814799@N02/27837360145

Do I Need to File a Car Accident Report With the Police?

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

It's normally the first or second question that pops up after a car accident, right after "Is everyone OK?" Before you're even exchanging insurance information, you're wondering whether you need to alert the police or highway patrol so they can file an accident report.

Maybe if you've just gotten a love tap at a stop sign you and the other driver (or your respective insurance companies) can sort out the details. But if there's any dispute about what happened, or if anyone has been injured, you're probably better off filing a police report. Here's why:

Documenting the Scene

Memories fade; recollections vary; and details get misremembered. But an accurate police report, documenting the evidence gathered just after an accident, can preserve the facts of the case in a way that a person's mind may not.

If the other driver later disputes who ran which stop sign, the police report can contain pictures or drawings of the position of the cars; if they contest the damage to vehicles, the report can attest to how extensive the collision was; and if they say no one was hurt, the report may contain interviews with everyone involved at the time.

These details may not seem important at the time, when calling the police sounds like a time-consuming hassle, but a police report can become crucial if your car accident claim ever goes to court.

Determining Fault

One of the biggest factors in a car accident claim is determining who was at fault for the accident. And one of the biggest tools in proving fault in a car accident is the police report. That's why it's not only important to make sure a police report is filed after your accident, but to make sure it's accurate -- read and review the accident report and request any revisions if need be.

While it is possible to file an injury claim without a police report, it may be more difficult to win your case without one. Depending on your state laws, you will need to prove someone else was at fault for your injuries, or at least more at fault than you were. And a good police report is often step one in proving fault in a car accident claim.

As such, it is one of the documents you'll want to show your attorney after the accident. And yes, if you've been injured in a car accident you should absolutely contact an experienced car accident attorney. Most attorneys are happy to consult with you about your case for free.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/06/do-i-need-to-file-a-car-accident-report-with-the-police.html

Tuesday, June 21, 2016

Queens Teacher Abused by Students Settles Claims for $125,000


via Tumblr hobbsr04.tumblr.com/post/146281632842 You know a school is tough when the teachers complain about bullying and are terrified of the students. Kathy Perez said that is how it was in two Queens schools where she worked. Now she has settled a claim with the New York City Law Department for $125,000. The claims against the state’s Department of Education stem from incidents with her students, both of which landed Perez in the hospital with injuries. The teacher says that her teenage students in Queens harassed her sexually and racially in addition to causing her physical injury. School Slept on Complaints Perez told the New York Post that she was twice taken out of her classroom by medics on a stretcher. Still, she said that school officials did nothing to address her complaints about student behavior. “These kids knew they could beat on me all they wanted, and the administration would tacitly encourage it by not doing anything about it,” Perez said. “In no other workplace would I be expected to take this as part of my day.” One of the two schools that Perez was placed in, MS 72, reportedly has known bullying and discipline problems and low student achievement. Although Perez made numerous reports about student behavior, her lawsuits stem from two major incidents. Dangerous Environment In one incident Perez was chased around the classroom by teenage students who trampled her. In the other major event a girl shoved the teacher to the floor. Both times Perez says she was removed from the classroom on a stretcher by emergency medical personnel. Apart from the two major incidents that led to serious injuries and multiple surgeries, Perez made multiple reports of harassment by students. She said that they called her by racist names and accused her of being a racist, among other claims. Although school officials said that they did discipline children who misbehaved in the classroom and who were rude to the teacher, Perez said school officials never addressed the complaints with her and even warned the teacher about her behavior. The teacher’s claims were settled with the City Law Department in April and the resolution was reported by the New York Post this month. Injured? If you, like Kathy Perez, were injured at work or elsewhere, talk to a lawyer. Tell your story and find out your options. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Meeting With an Injury Attorney (FindLaw’s Learn About the Law) Starting a Lawsuit: Initial Court Papers (FindLaw’s Learn About the Law) Fact-Finding: Understanding the Discovery Process (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/06/queens-teacher-abused-b... via Blogger hobbsr04.blogspot.com/2016/06/queens-teacher-abused-by-st...

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