Can Hospitals Be Sued for Insensitivity to Transgender Patients?

When Kyler Prescott checked into the Gender Management Clinic at San Diego's Rady Children's Hospital, he was looking for help. The 14-year-old transgender boy was being bullied and harassed by teachers and peers regarding his gender identity, and was suffering from depression and anxiety.

But instead of receiving sensitive care for "suicidal ideation" and "serious self-inflicted lacerations," hospital staff repeatedly misgendered Kyler and actively denied requests that he be referred to as male. A month after his early release from Rady Children's, Kyler killed himself.

Transgender Mismanagement

Kyler's mother Katherine is now suing the hospital, claiming it misrepresented the capabilities of its Gender Management Clinic and that it violated the Affordable Care Act, which bans discrimination of transgender patients. Her lawsuit claims Kyler left the hospital feeling "shocked, angry, humiliated, anxious and depressed," just 24 hours into a 72-hour suicide hold.

When he was admitted to the hospital, Kyler's medical records identified him as a male. But his mother claims the staff at Rady Children's began treating her son as a girl, using feminine pronouns to address him, and encouraging others to do so as well. When Katherine and Kyler objected, their pleas were ignored. Katherine claims the charge nurse responsible for Kyler's ward blocked her phone number so she couldn't call the floor. And Kyler told his mother one hospital employee told him, "Honey, I would call you 'he,' but you're such a pretty girl."

"I don't call it malicious," Prescott told San Diego's KGTV. "I think it's a complete lack of understanding and training. If you say you are trained to take care of transgender youths, you need to be able to do that. And if you're unable to, it may have dire consequences."

Can't Afford to Discriminate

Section 1557 of the Affordable Care Act (ACA) prohibits health care discrimination on the basis of gender identity. While the rule says specifically bars discrimination based on sex, it defines sex discrimination as that based on "pregnancy, false pregnancy, termination of pregnancy, or recovery therefrom, childbirth or related medical conditions, sex stereotyping, and gender identity."

As defined by the ACA, discrimination can include healthcare providers or facilities refusing to treat transgender patients, refusing to use their names and pronouns correctly, performing unnecessary or aggressive genital examinations, refusing to room patients according to their gender identity, or refusing to fill prescriptions for hormones.

Healthcare facilities need to be more sensitive to transgender patients, especially those offering specific services for transgender youth. If you've been the victim of healthcare discrimination, contact an experienced attorney in your area.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Suit: Rady Mistreated Suicidal Transgender Teen (KGTV San Diego)
• When Can You Sue a Psychiatrist for Malpractice? (FindLaw's Injured)
• Can You Sue Over Anti-Gay Slurs? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/can-hospitals-be-sued-for-insensitivity-to-transgender-patients.html

Who's Liable When 3D Printed Objects Cause Injury?`

The advances in 3D printing technology are creating a legal gray space for product liability. Generally, when a person is injured due to a defective product, or failure to warn, the manufacturer, designer, and/or the company that put the product into the marketplace can be found liable for the injury. But 3D printed objects don't exactly fit the current legal framework.

At first blush, one might think that the person who provides the design is going to be liable. However, the first question that arises is whether the design was compatible with the type of printer used. Then, it needs to be asked whether the printer caused the defect. Then, you need to find out whether it was the materials used in the printer that caused the defect.

Also, because 3D printed items require a user to print the design, you need to factor in user error and the ever elusive failure to warn on the part of designer, manufacturer, retailer, and component makers. Clearly, there are many considerations that make finding out who is liable much more difficult than one might initially think.

3D Printed Objects Purchased From a Business

If you purchase a 3D printed object from a retail business, then the business that sells the product can be held liable just like they could for any other product sold. However, that business can bring in other parties who may also be liable, such as a wholesaler or designer of the product, the manufacturer of the printer, as well as potentially the manufacturer of the printer's "ink."

While the law surrounding liability for 3D printed products has not caught up to the technology, the same framework for any other type of product liability action provides guidance as to who can and should be held liable.

3D Printed Objects Printed at Home

If you are injured due to a 3D printed object you designed and printed in your own home, then your claims will be against the manufacturer of the printer and its "ink," as well as potentially against the retail store where you purchased the printer or "ink." It may be especially difficult to prove fault in this type of case.

For your case to have merit, you will have to prove that the printer or materials were defective or dangerously designed, and as a result of those defects, the product you manufactured caused injury. You may be able to show this by having the same product, that you designed, printed on a different machine and/or using different materials. Also, you will have to overcome the defense claiming user error.

The law is constantly struggling to keep up with new technological developments. While new products may be easier to manufacturer than ever before, getting a new law passed or an old law changed still takes time and legislative action.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• If Printing Could Kill: 5th Circuit Denies Appeal on 3D Printed Gun Injunction (FindLaw's Decided)
• Product Liability (FindLaw's Learn About the Law)
• 3 Things That Are Illegal to 3D Print (FindLaw's Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2016/09/whos-liable-when-3d-printed-objects-cause-injury.html

Smartwatches and Distracted Driving Laws

Technology enthusiasts across the world have been enjoying the current big thing: The Internet of Things. These things include smart lightbulbs, smart thermostats, smart refrigerators, smart water bottles, and of course, smartwatches. After the release of Apple's update to their iconic smartwatch, there has been much discussion about whether these new wearables increase the risk of distracted driving.

While one might think, at first blush, that a smartwatch would qualify as a "hands-free" device, it is in fact the exact opposite. While notifications may appear on the screen without having to touch the screen, simply by virtue of where the watch is worn, it literally requires your hand. Viewing the screen while driving can require taking your hand off the wheel, as well as focusing on a tiny, brightly lit screen. Basically, using a smartwatch while driving is a recipe for disaster, and can make proving negligence against you much easier if an auto accident occurs.

Smartwatches Distract Just Like Phones or Worse

The Tech Times is reporting that a UK based road safety group, the Institute of Advanced Motorists (IAM), is warning that smartwatches are potentially more dangerous than smartphones. While many smartphones can be operated with one hand, a smartwatch actually requires two hands. One hand to wear the device, and the other hand to operate it.

Additionally, the IAM warns that Smartwatches will require the regular attention of motorists as they receive alerts. Unlike phones which can be left in a pocket, purse or cup-holder and ignored, a wearable will vibrate, beep, or even light up, directly on a drivers wrist, begging to be checked.

Is It Legal to Use a Smartwatch While Driving?

Laws vary state to state, but generally, if it is not legal to use or hold your phone while driving, it's not going to be legal to use your smartwatch. Most states have enacted laws requiring or allowing the use of hands-free devices, and smartwatches are not hands-free.

While most states may not have laws directly related to wearable technology, most have open-ended distracted driving laws on their books which provide officers discretion to decide whether a driver was distracted.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• How to Prove Distracted Driving Caused a Crash (FindLaw's Injured
• Hands-Free Devices Distract Drivers: AAA Study (FindLaw's Injured)
• 1 in 4 Car Crashes Involves Cell Phone Use: Report (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/smartwatches-and-distracted-driving-laws.html

Haunted House Injury Lawsuit Settles for $125K

Touring a haunted house attraction is supposed to be scary. If you rub shoulders with the Grim Reaper, you can count that as having a good time. But the dangers aren't supposed to be real. If they are, and if someone gets injured, the haunted house may face real legal liability.

In 2014, a woman was severely injured while attending the Erebus Haunted House in Pontiac, Michigan after a moving wall caused her to slip and fall. She sustain multiple fractures as well as other injuries.

Ms. Turner's lawsuit alleged that she was knocked down in an area with inadequate lighting. Mr. Terebus, owner of the Erebus Haunted House, has only commented that the operation is safe and that it has been in operation for a long time. This month, the case settled for $125,000.

What About That Disclaimer on the Back of the Ticket?

A quick check on the Erebus Haunted House website shows that the company does not require attendees to sign a release, but rather places a disclaimer and release on the back of every ticket, and has warning signs as people enter. However, general releases and disclaimers can only protect against so much. In Ms. Turner's case, Erebus clearly did not feel confident that the release would protect them, and thus settled the case.

If you plan on attending a haunted attraction this Halloween season, be mindful that general releases and disclaimers can preclude a lawsuit or claim if you are injured. Depending on your state's laws and the specifics of the situation, you may still have a legal claim.

How to Avoid Halloween-Related Injuries

On Halloween, it's possible to have fun and be safe at the same time. Being safe is easier than you might think. The basics of Halloween safety involve knowing your surroundings and knowing your costume. For example:

• If you plan on walking through neighborhoods or inadequately lit haunted houses, wear sneakers instead of high heels.
• If you're going to be crossing streets with traffic, don't wear all black without adding some reflective materials or lights.
• If you'll be around open flames (like the candles in a Jack-O-Lantern) or you're a smoker, don't wear a flammable beard or sheep costume made out of cotton balls.
• If you're going trick-or-treating, inspect your candy before opening and eating it. If a wrapper looks tampered with, just throw it away.

Have fun this Halloween, and above all, be safe out there! If you were injured at a Halloween attraction, you should contact an injury lawyer to discuss whether you have case or not.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Girl Accidentally Hangs Herself at Haunted House (FindLaw's Injured)
• 3 Most Common Ways to Get Injured on Halloween (FindLaw's Injured)
• 5 Most Dangerous Halloween Costumes (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/haunted-house-injury-lawsuit-settles-for-125k.html

Treadmill Accident Leads to Brain Injury Lawsuit

Like most of us, 60-year-old Etelvina Jimenez thought she was doing the healthy thing by hopping on a gym's treadmill to get some exercise. But when Jimenez fell she joined nearly half a million Americans who are injured by exercise equipment every year.

Jimenez's brain injuries were severe and now she's suing the gym, claiming it violated safety standards by placing treadmills too close to other equipment.

Risky Running

According to the U.S. Consumer Product Safety Commission (CPSC), treadmill accidents sent 24,000 people to the emergency room in 2014, and there have been "30 reported deaths associated with treadmills for the ten year period from 2003-2012 or an average of about 3 per year (2012 is the last year for which fatality reporting is nearly complete)."

The most dangerous injuries involved head and brain trauma. Last year, Dave Goldberg (CEO of SurveyMonkey and husband of Facebook COO Sheryl Sandberg) died after falling and striking his head while using a treadmill. And for those who survive the initial accident, recovering from a traumatic brain injury can take years, if not a person's entire life.

Treadmill Liability

Jimenez's lawsuit claims a Sacramento-area 24 Hour Fitness placed their treadmills just three feet in front of other heavy exercise equipment, when the treadmill's assembly guide advises that the "minimum space requirement needed for user safety and proper maintenance is 3 feet wide by 6 feet deep directly behind the running belt." According to her lawsuit, when Jimenez fell from the treadmill, she struck her head on nearby equipment, causing her injuries.

Jimenez spent almost four months in different hospitals, undergoing multiple operations to reduce swelling in her brain, and she claims she is still suffering from the accident that occurred in 2011. "My memory, I'm not able to think, I think less," she told Sacramento's KCRA. "For instance, I'm not able to drive because I cannot think clearly which way I'm going." Jimenez is asking for $3.8 million in damages to cover lost wages and future medical care.

In a twist, the lawsuit was initially dismissed because Jimenez had signed a liability waiver. But an appeals court found the waiver unenforceable, since she could not read English. The case, currently in settlement talks, will go to trial in February of next year if the sides cannot agree.

If you've been injured by exercise equipment, or have questions regarding treadmill accidents or brain injuries, you can contact an experienced personal injury attorney near you.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Treadmill Injuries Can Lead to Lawsuits (FindLaw's Injured)
• Brain Injury Lawsuits: How Much Is Your Case Worth? (FindLaw's Injured)
• 5 Things a Personal Injury Lawyer Can Do (That You Probably Can't) (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/treadmill-accident-leads-to-brain-injury-lawsuit.html

When to Sue a Drug and Alcohol Rehab Clinic

When we need help treating addiction, drug and alcohol rehabilitation clinics are vital resources to make us well. Unfortunately, rehab doesn't always work. And if you've suffered from substandard care in a rehab facility, you may be wondering if you can sue the facility for negligence or malpractice.

Addiction rehab clinics that fail to provide patients with an adequate standard of care can be sued for negligence and be both directly liable for their own malpractice and vicariously liable for the negligence of their employees. Here is what rehab clinic negligence looks like:

Rehab Clinic Negligence

Most drug and alcohol rehab clinics hire a staff consisting of healthcare providers, sometimes including licensed physicians, nurses, and assistants. If a clinic failed to make reasonable inquiries when hiring its staff, and a staff member's negligent care injures a patient, the clinic could be held liable for negligent supervision or retention. Rehab centers could also be liable for patient injuries if employees fail to follow treatment protocols or clinic rules and regulations.

When rehab facilities undertake patient care, they are generally required to ensure that there is sufficient staff on duty at all times to maintain quality patient treatment, and may be held liable for injuries to patients resulting from a staff shortage. Rehab clinics, like any other business, can be sued for slip and falls on their premises and assaults from staff. And they may also be liable for assaults by other patients or patient self-harm if the clinic knew or should have known the patient posed a danger to him or herself.

Rehab Clinic Vicarious Liability

If a treatment facility's employee malpractice injures a patient, the facility itself may be held vicariously liable under a legal doctrine whereby employers are held liable for the negligent acts of their employees. This concept is especially important in medical malpractice cases, because it normally means a party with more financial resources will compensate an injured patient.

Vicarious liability could be limited if a clinic employs staff as independent contractors rather than employees, but generally a rehab clinic can still be vicariously or directly liable for the acts or omissions of healthcare personnel it employs to operate inpatient or outpatient treatment facilities.

If you've been injured due to a rehab clinic's negligence, you should contact an experienced injury attorney in your area to discuss your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Can You Legally Force Someone to Get Treatment? (FindLaw's Celebrity Justice)
• If I'm in Rehab, Must an Employer Hold My Job? (FindLaw's Law and Daily Life)
• Medical Malpractice (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/when-to-sue-a-drug-and-alcohol-rehab-clinic.html

When to Sue a Hospital for MRSA or Other Staph Infections

We rely on hospitals to make us well. But it doesn't always work out that way. And while hospitals and healthcare settings try their best to remain sterile and clean environments, infections can and do happen in hospitals. A Reuters investigative report found a crisis of MRSA and other drug-resistant staph infection outbreaks in U.S. hospitals, made even worse by lax reporting requirements.

So what happens if you get MRSA in a hospital or health care facility? Do you have any legal options?

Hospital Staph

Methicillin-resistant Staphylococcus aureus, commonly referred to as MRSA, is an antibiotic-resistant type of staph bacteria. The Centers for Disease Control warns that MRSA contracted in a healthcare setting like a hospital or nursing home can cause severe health problems, such as bloodstream infections, pneumonia, and surgical site infections, and, if not treated quickly, MRSA infections can cause sepsis and death.

Reuters also had the story of Shala Bowser, whose son Josiah was born 15 weeks premature, and, although he was responding well to neonatal care, died a week after catching an infection, just 17 days old. The hospital never told Bowser her son contracted MRSA, or that eight other children in the same intensive care unit were also infected. Currently, there are no rigorous standards when it comes to tracking infections or deaths from MRSA and other drug-resistant bacteria.

Hospital Liability

Hospitals can be held liable for negligence in some cases. Hospitals are responsible for hiring a medical staff of licensed physicians and health care providers, and if a hospital employee's negligence injures a patient, the hospital itself may be held liable for the negligent acts of its employees. Therefore if hospital staff failed to properly clean a scope or care for a wound or sterilize surgical equipment and a patient contracts an infection, the patient may be able to sue the hospital.

Proving liability in hospital negligence or medical malpractice cases can be difficult. As the Reuters report notes, tracking an infection and its cause is tricky, if not impossible. If you've suffered a MRSA infection while in a hospital and are thinking of filing a lawsuit, leave it to the experts -- contact an experienced personal injury attorney first.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Should I Sue for Medical Malpractice? (FindLaw's Injured)
• 5 Ways Surgery Errors Can Lead to Lawsuits (FindLaw's Injured)
• Are Infant Anti-Gas Drops Causing Hospital Infections? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/when-to-sue-a-hospital-for-mrsa-or-other-staph-infections.html

Can Home Security System Companies Be Liable for Injuries?

Knowing a man who made threats against your family is being released from custody is a pretty good reason to have a home security system installed. Unfortunately for 64-year-old Michael Martin and 51-year-old Ricky Lee Anderson, the installation did not come soon enough. They were killed by Brandon Willie Martin (Martin's son and Anderson's nephew) in a vicious attack that also claimed the life of 62-year-old Barry Swanson, who, tragically, was at Martin's house installing a home security system at the time.

Now, the victims' children are suing ADT, claiming the home security company and its subcontractor Home Defender Inc. knew the attack was happening and failed to alert authorities. But do security system companies, or anyone else for that matter, have an obligation to report an emergency?

Duty to Dial 911?

As a general rule, the average person does not have a duty to help or rescue an injured person or a person in duress. With a few exceptions, a person is under no legal obligation to come to the aid of another, even in extreme circumstances. One of those exceptions is for "special relationships," where a person may owe a duty to rescue if they have a special relationship with the victim, like an employer-employee or student-teacher relationship.

But it is unclear whether home security company-customer is one of those kinds of relationships. Even police have no general duty to protect people from crime, and some state courts have rules that 911 dispatchers are immune to lawsuits. And first responders have even been granted immunity for rescues gone wrong.

Duty for ADT to Act?

But does that immunity extend to security systems companies that don't lift a finger to help a customer? The lawsuit, filed by children of Anderson and Swanson, claims it does. "The call was recorded, and the attack can be heard," the lawsuit states. "Despite being an alarm and security company and knowing the attack was ongoing, neither ADT LLC nor Horne Defender, Inc. alerted authorities."

Another exception to the no-duty-to-rescue rule requires people who undertake a rescue to act reasonably once a rescue has begun. While no one from ADT or Home Defender called 911 or began a rescue, did they assume the responsibility through the nature of their work? "By holding themselves out as experts in the security and home defense industry and by promising to notify authorities once notice of a break in or attack is received," the plaintiffs allege, "ADT, LLC [and] Home Defender, Inc. assumed and owed a duty to decedents and plaintiffs to notify authorities of the attack."

These are thorny questions a court will need to sift through soon. If you have questions about personal injury liability, you can contact an experienced personal injury attorney in your area -- many are happy to consult with you about your case for free.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Families Sue Over Baseball Bat Killings (Courthouse News Service)
• Can You Sue Someone for Not Calling 911? (FindLaw's Injured)
• Lorenzen Wright's Ex Sues Police Over 911 Call (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/can-home-security-system-companies-be-liable-for-injuries.html

Can Bicyclists Be Liable for Traffic Accidents?

It's great that there are more people getting more exercise, and easing pollution and traffic by getting on a bicycle rather than in a car. But with more cyclists on the road, there are bound to be more cycling accidents.

With bike laws and some traffic laws, states and cities are trying to protect bicyclists on the road. But does that include absolving them from responsibility in collisions? Are traffic accidents always the car's fault or can bicyclists be held liable? Here's a look.

Liability in Theory

As a general rule, bicyclists must obey the same traffic laws as automobiles while on the road. That means sharing the road, signaling for turns, stopping at red lights and stop signs, and yielding the right of way when appropriate. Cyclists must also avoid riding on sidewalks and yield to pedestrians on crosswalks.

Overall, the same liability standards will apply to bicyclists as drivers and pedestrians when it comes to traffic accidents and collisions, meaning the negligent party will be at fault for any injuries or damages that arise. If a bicyclists fails to meet the appropriate standard of car, or negligently, carelessly, or recklessly in causing an accident, he or she can be liable.

Liability in Practice

Knowing a bicyclist can be liable for an accident is one thing. Proving it can be quite another. One thing that can help is a police report. If there is serious damage or an injury, you should contact the police and obtain a report of the accident. The report can also indicate whether the cyclist broke any traffic laws, which could be used as evidence of liability. Witness statements and photos of the scene and damage can also help.

You should also contact your insurance agency right away. And confirm whether the bicyclist has insurance. There are insurance policies that cover cyclists and in some cases a bicyclist's insurance will cover damage to your car.

In many cases, sorting out accident liability is best left to the experts. If you've been involved in an accident with a bicycle, you should contact an experienced injury attorney near you.

Related Resources:

• Injured in a bike accident? Have an attorney review your claim for free. (Consumer Injury)
• Top 5 Bike Accident Lawsuit Questions (FindLaw's Injured)
• 7 Steps to Take Immediately After a Bike Accident (FindLaw's Injured)
• Fatal Bicycle Crashes On the Rise: 5 Facts You Should Know (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/can-bicyclists-be-liable-for-traffic-accidents.html

Can I Sue for Nerve Damage After Plastic Surgery?

There are an estimated 100 billion nerve cells throughout the human body. And with so many nerves, the potential for nerve damage is present in just about any surgical procedure, including plastic surgery.

While plastic surgery can create numbness and/or tingling afterwards and most patients experience some difference in sensitivity following surgery, what about more serious cases where pain or numbness seems never ending? If you suffered permanent nerve damage following plastic surgery, can you sue?

Touched a Nerve

Nerve damage is a risk with any surgery. A nerve injury can occur if nerves are stretched, cut, or cauterized, and effects can range from sensory nerve deficits like numbness or tingling, to severe motor nerve deficits such as weakness or even muscle paralysis. These effects can become permanent if a nerve is sufficiently damaged.

Because so many plastic surgeries involve facial enhancements or corrections, the risk and fear surrounding nerve damage is even more pronounced. Facelift patients could suffer from numbness, loss of motion, or dropping of facial features from cheek, forehead, or neck lift procedures. And some eyelid lifts have resulted in optic nerve damage or blindness.

Medical Liability

So what if this happens to you? If you've experienced nerve damage after your plastic surgery, you may have a medical malpractice claim against your surgeon, your surgeon's staff, or the hospital or clinic where your procedure was performed. Proving fault in medical malpractice cases can be complicated, but it generally boils down to demonstrating the medical professionals in charge of your care were negligent.

Doctors are held to a certain standard of proficiency and professionalism. And when a medical professional fails to meet this standard of care, and it results in an injury to the patient, the medical professional or her employer could be liable for damages. If your plastic surgeon cut to0 close to or severed a nerve during the surgery, if someone on her staff was careless in cleaning or cauterizing an incision, or if the surgery facility was ill-equipped to handle your procedure, you may have a valid claim.

Medical malpractice lawsuits can involve highly technical information as well as nuanced standards of law, and some states treat medical malpractice cases differently than normal injury suits. So before you sue your plastic surgeon, you'll want to consult an experienced injury attorney near you.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• 5 Common Health Risks From Plastic Surgery (FindLaw's Injured)
• Model Death Highlights Plastic Surgery Dangers Abroad (FindLaw's Injured)
• Is Your Cosmetic Surgeon Properly Trained? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/can-i-sue-for-nerve-damage-after-plastic-surgery.html

Risperdal Side Effects: Thousands of Lawsuits Filed

The good: Risperidone, an antipsychotic marketed as Risperdal, can treat schizophrenia and bipolar disorder, and reduce irritability and aggressive behavior in autistic children. The bad: studies of autistic boys prescribed Risperdal showed they can suffer from breast enlargement and diminished sexual functioning because of the drug. The ugly: Johnson & Johnson and its subsidiary Janssen Pharmaceuticals may have known about the risk and failed to warn doctors and patients.

A slew of recent lawsuits have been filed regarding the side effects of Risperdal -- here's what you need to know.

Risperdal Risks

Those who have been diagnosed with schizophrenia, autism, or bi-polar disorder (or have a child who has) may have already heard of Risperdal. And while the drug may be effective in treating those conditions in some patients, the drug's hidden side effects have its manufacturers in trouble. Recently, Risperdal has been linked with increased levels of prolactin, a hormone regulated in the brain that, among others things, controls milk production. And where there are increased levels of prolactin, breast enlargement can follow.

The condition, known as gynecomastia, is twice as likely to develop in autistic boys aged 10 to 20 taking Risperdal, according to a 2012 study. The same patients were also 14 percent more likely to suffer some sexual dysfunction.

Risperdal Liability

These new lawsuits claim Janssen knew about the elevated risk for gynecomastia as early as 2003, and failed to warn patients or doctors. Plaintiffs have also alleged that there are others drugs that have similar benefits in autistic patients only without the same side effects. One of those plaintiffs is a 20-year-old autistic Alabama man who had been taking Risperdal since he was 8. Austin Pledger ended up developing size 44D breasts, and successfully sued Johnson & Johnson and Janssen Pharmaceuticals for $2.5 million in damages.

Janssen has come under fire over how it has marketed Risperdal. Beginning in 2010, Janssen and parent company Johnson & Johnson were hit with a slew of lawsuits for Medicaid fraud and marketing Risperdal for off-label use. All of which led to a $2.2 billion settlement with the U.S. Department of Justice in 2013. In fact, Austin Pledger was first prescribed the drug in 2002, years before the FDA approved it for autism treatment.

If you are one of the thousands who have suffered serious side effects from using Risperdal, you should contact an experienced personal injury attorney about your claim.

Related Resources:

• Injured by Risperdal? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Jury Awards $70M in Johnson & Johnson Risperdal Lawsuit (FindLaw's Injured)
• Top 5 Pharmaceutical Drug Lawsuits (FindLaw's Injured)
• Risperdal FAQs (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/09/risperdal-side-effects-thousands-of-lawsuits-filed.html

Talcum Powder Lawsuit: When to Sue J&J for Wrongful Death

After juries ordered Johnson & Johnson to pay $72 million and $55 million in two separate talcum powder-related lawsuits, the American Bar Association reported that the firm representing those women got almost 26,000 calls concerning the link between talc use and ovarian cancer. Not only that, but there are currently thousands of plaintiffs currently suing the company and its talc supplier in state courts from Missouri to Florida.

Tragically, ovarian cancer can be fatal. So how do you know whether you can sue for wrongful death if you think a loved one's cancer was caused by baby powder use? And how do you know if Johnson & Johnson is responsible?

Talcum Powder and Cancer Linked

The International Agency for Research on Cancer (IARC) classifies the genital use of talc-based body powder as "possibly carcinogenic to humans." And a study as far back as the 1970s found talc particles embedded in ovarian tumors, and a newer study demonstrated a link between regular use of powder and a greater risk ovarian cancer in African-American women. As reported by Reuters, "Users of genital powder had more than a 40 percent increased risk of cancer, while those who used only non-genital powder had an increased risk of more than 30 percent."

A New Jersey judge was unpersuaded by the medical evidence in two recent lawsuits against Johnson & Johnson. But that ruling may only affect cases in that state, and not the thousands more nationwide.

Johnson & Johnson Liability

Companies like Johnson & Johnson can be held liable for failing to provide adequate instructions or warnings on products it knows to be dangerous. And while the company continues to stand by its talc and challenge the science linking its products to cancer, the AP has reported that previous plaintiffs cited a September 1997 internal memo from a Johnson & Johnson medical consultant suggesting a link between talcum powder and ovarian cancer. Reportedly, the consultant wrote that "anyone who denies" the risk of using hygienic talc and ovarian cancer is "denying the obvious in the face of all evidence to the contrary."

Establishing a link between talcum powder use and cancer -- and linking that to Johnson & Johnson specifically -- is a job for the experts. If you're considering joining the thousands of other plaintiffs in suing over baby powder injuries, talk to an experienced injury attorney first.

Related Resources:

• Injured by a talcum powder-based product? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Can Using Talcum and Baby Powder Really Cause Cancer? (FindLaw's Injured)
• Talcum Powder May Increase Ovarian Cancer Risk in African American Women (FindLaw's Injured)
• How J&J Offered $1.3M to Silence a Talcum Powder Victim (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/talcum-powder-lawsuit-when-to-sue-jj-for-wrongful-death.html

Trinity College Students Injured in Double Balcony Collapse During Party

Next to the dance floor and bar, one of the usual favorite places for party people to hang out is the balcony. This past Saturday, at just after 11:00 p.m., 31 party goers at an off-campus party at Trinity College in Hartford, Connecticut fell victim to a double balcony collapse.

NBC News reports that a third floor balcony collapsed, landing on the second-floor balcony, which then also collapsed onto the first floor. Luckily there were no major injuries or loss of life during this double balcony collapse.

Premises Liability: Who Is at Fault When Balconies Collapse?

Generally, the owners of property are required to maintain the premises they rent out so that the premises are both safe and habitable. When someone is injured due to a property’s condition, the concept of premises liability is relied upon to prove negligence. When a balcony collapses, an investigation must be completed as to how the collapse occurred. While the owner of the property has a duty to make sure the property is safe, there are limits to what is actually required.

What happened at Trinity College is horrific. Based on photos of the wreckage, however, it is anticipated that the property owners, which happens to be the college, will likely argue that there were too many students on the balcony during an alcohol fueled party. While the college may be able to mitigate some fault, if investigators find that the balconies were not up to code, or that there were inadequate signage or warnings about weight restrictions or capacity, then there may be no way to mitigate liability for the college.

Balconies and Porches Kill More People Than Vending Machines

Balcony collapses are unfortunately regular occurrences. According to one source, approximately 54 people die each year from balcony collapses, with over 120,989 others injured. Balconies and porches are among the 25 most dangerous products in America. In comparison, approximately 14 people die each year by being crushed by a vending machine that has fallen over.

Related Resources:

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• Texas Apartment Balcony Collapse Injures 26 (FindLaw’s Injured)
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from Injured http://blogs.findlaw.com/injured/2016/09/trinity-college-students-injured-in-double-balcony-collapse-during-party.html