Who Do You Sue When Served a Heroin-Laced Coca-Cola?

It can happen to anyone, but in this case, it happened to Trevor Walker. Somehow, synthetic heroin was slipped into his Diet Coke at a McDonald's drive-thru. No one knows exactly how the drug got into the drink, but tests taken at the hospital prove that Suboxone, a heroin-substitute, was found in Walker's urine as well as his McDonald's Diet Coke, but not in the Diet Coke served to his wife.

Walker has sued the McDonald's franchise owner, McDonald's Corporation, and Coca-Cola for strict product liability. Coca-Cola has petitioned the court to be dismissed from the litigation, claiming there's no evidence that the drug came from Coca-Cola. Is the plaintiff just looking for deep pockets? Or was this the right thing to do?

Coca-Cola Claims Plaintiff is Just Looking for Money

As it turns out, other than the drink being a Diet Coke, Coca-Cola is not listed anywhere else in the complaint filed with the court. It seems pretty reasonable for Coca-Cola to want to be dismissed from the suit. As Lisa Marcy, the Coca-Cola attorney, so blatantly put it, "Let's just come out and say it," she told the judge. "They don't have the employee in here because he's not a deep pocket. And the Coca-Cola company and the fast food restaurant are." But is this enough reason not to be named as a defendant? The judge in the case is not convinced, and neither is the plaintiff's attorney, Brady Brammer.

Product Liability Procedure Corals Everyone It, Then Dismisses One by One

Under product liability law, everyone that touches the questioned product in the vertical chain of distribution should be named in the lawsuit, and subsequently eliminated, as the facts in the case unfold. Usually this consists of one or more manufacturers, distributors, wholesalers, retailers, and servers. Sometimes, one of the hardest parts of the case is finding these entities, since there can be multiple ones at each level of distribution. In Walker's case, he has decided to narrow it to just the three named defendants. And as Brammer puts it, "until we know and have more facts, where we can really dig in and get them ourselves as opposed to relying secondarily on police reports, we really can't foreclose one option or another on a strict product liability claim."

If you or someone you love has suffered damages due to a defective product, contact a local products liability attorney. A legal specialist can best advise you on how best to go about recovering for your damages, often at low or no cost to you. If you have questions about your situation, contact one to see if you may have a claim, and exactly who may be at fault.

Related Resources:

• Find a Products Liability Lawyers Near You (FindLaw's Lawyer Directory)
• McDonald's and Ikea Recalled the Most Products for Danger to Kids (FindLaw Common Law)
• Defective Products: What's My Case Worth? (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/12/who-do-you-sue-when-served-a-heroin-laced-coca-cola.html

Asylum-Seeking Kids Win Class Action in Health Care Lawsuit

The mental health of migrant children trumps the federal government shutdown, hands-down, according to a Los Angeles federal court judge. U.S. District Judge Dolly Gee certified the class of detained asylum-seeking migrant children requesting mental health aid, and firmly dismissed the government's request to delay the suit until after the federal shutdown has ended.

Noting that the judge can issue a court order forcing federal attorneys to work on this case, despite the shutdown, Gee proclaimed, "the prosecution of this action should not be further delayed because it concerns the health and welfare of minors in the custody of the Office of Refugee Resettlement." The judge then required the administration to respond to the children's claims by Jan. 9 and to discovery requests by Feb. 22.

Judge Issued Four Part Ruling

In Gee's ruling, four orders were given. First, the federal government's request for a continuance was denied. Second, the judge certified a class that currently contains five children with either mental disabilities, given psychotropic drugs without consent, detained for more than 30 days without notice, or blocked from being released to guardians. However, the class size is expected to reach into the hundreds. Third, the judge modified the class definition from the Americans with Disabilities Act to the Rehabilitation Act; the Rehabilitation Act requires class members to actually be denied service, whereas the ADA only requires that they could be denied service.

Lastly, the judge denied the plaintiff's request for immediate discovery, claiming that they hadn't proven why it needs to start immediately, as opposed to the current schedule set. Judge Gee also stated that plaintiffs hadn't clearly defined the scope of discovery.

Underlying Case Highlights Due Process Violations of Migrant Children and Their Mental Health

At issue in this case is the alleged constitutional due process violation of hundreds of migrant children that have been separated from their families while crossing the southern U.S. border, seeking asylum. Many of these children's mental health have suffered while in detention with the U.S. Office of Refugee Resettlement, but instead of providing mental health care, many are just handed psychotropic drugs or left to linger.

According to recent court rulings, all children must be reunited with their families within 30 days, however facilities are now claiming that these children can't be released until they are mentally sound, or the family homes to which they are being released are capable of handling a child with mental health issues. Instead of 30 days to reunify, some of these plaintiffs have been separated over a year, with no end in sight because they are not being given mental health care.

If you know of a child that is suffering mental health issues due to refugee detainment, contact an immigration attorney. The child may be able to join this class action, potentially at no cost.

Related Resources:

• Find an Immigration Attorney Near You (FindLaw's Lawyer Directory)
• Supreme Court Vacates Ruling Allowing Immigrant Teen to Obtain Abortion (FindLaw Decided)
• Toddlers and Young Immigrant Children Still Alienated From Their "Ineligible" Parents (FindLaw Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2018/12/asylum-seeking-kids-win-class-action-in-health-care-lawsuit.html

Judge Orders North Korea to Pay $501M for American Student's Death

The parents and estate of Otto Warmbier won a $501 million judgment against the North Korea government for wrongful death. Though questions remain about the legitimacy and collectability of this judgment, one thing is certain: no amount of money can undo Otto's fate and ultimate death.

American Arrested for Taking Political Propaganda Poster

Otto Warmbier was arrested Jan. 2, 2016 for allegedly taking a political propaganda poster from his hotel. After being found guilty of "hostile acts against the state," he was sentenced to 15 years in prison with hard labor. A year and a half later, Warmbier was released to the United States in a coma.

North Korean authorities claimed Warmbier had contacted botulism, but after discovering his teeth had been reconfigured, and a recently received long scar on his foot, his parents investigated further, and eventually filed a wrongful death suit against the North Korean government.

Warmbier Left the U.S. With "Big Dreams," but Returned Brain Dead

Chief U.S. District Judge Beryl Howell deliberated less than a week after hearing hours of emotional testimony from Warmbier's family about the pain they suffered during his 18 month detention in North Korea, his subsequent return home in a coma, and the information they learned about his torture and time as a hostage. According to Howell, "Before Otto traveled with a tour group on a five-day trip to North Korea, he was a healthy, athletic student of economics and business in his junior year at the University of Virginia, with 'big dreams' and both the smarts and people skills to make him his high school class salutatorian, homecoming king, and prom king," Judge Howell wrote in his opinion. "He was blind, deaf and brain dead when North Korea turned him over to U.S. government officials for his final trip home."

Judge Mindful of Foreign Sovereign Immunities Act

Judge Howell faced many obstacles in this unique hearing. First, given the reclusive state of North Korea, the judge was limited to hearing arguments and evidence only from the plaintiff's side, for which the judge had to be wary. Also, the Foreign Sovereign Immunities Act permits U.S. citizens to sue foreign countries only under certain circumstances, and Howell needed to be careful in his written opinion to meticulously explain how each and every legal requirement had been satisfied by the plaintiffs.

What can't be explained, however, is exactly how Otto was tortured to be placed in such a vegetative state. It is also unclear how the Warmbier's will enforce Judge Howell's judgment against North Korea.

Related Resources:

• Can You Sue Government Officials? (FindLaw Law and Daily Life)
• Can a Government Entity Force Me to Waive Injury Claims (FindLaw Injured)
• 5 Hardest Countries for Americans to Get a Visa (FindLaw Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2018/12/judge-orders-north-korea-to-pay-501m-for-american-students-death.html

San Francisco Sues Pharma for Opioid Epidemic

The City and County of San Francisco has joined the host of other cities around the country suing big pharma for the opioid epidemic in federal court. Years ago, opioids would only be prescribed for severe post-surgery or end-of-life pain relief. But a major change in medical education by opioid manufacturers lowered that bar considerably a decade ago. And now, according to San Francisco City Attorney Dennis Herrera, local citizens are dying by the thousands.

San Francisco Sues Big Pharma Big Time

San Francisco and numerous other governmental entities have filed suit against opioid manufacturers and wholesalers, blaming them for America's opioid crisis. According to plaintiffs in all of these cases, these parties deliberately misled doctors and the general public about the dangers and high addiction rate of powerful painkillers to relieve chronic pain in order to sell more pills and increase corporate profits. Specifically, in his suit against Purdue Pharma, Janssen Pharmaceuticals, Endo Pharmaceuticals, Cephalon, Insys Therapeutics, Mallinckrodt Pharmaceuticals, and Actavis, Herrera and his team allege:

• Public nuisance of behalf of the State of California
• Public nuisance on behalf of the city and county of San Francisco
• Violations of California's Unfair Competition law
• Violation of False Advertising
• Violation of Racketeer Influenced and Corrupt Organization (RICO) Act
• Negligence
• Negligent misrepresentation
• Fraudulent concealment

Rise in Opioid Prescriptions Tied to Increase in Street Drug Overdoses

In San Francisco, over 318,000 opioid prescriptions were written last year, which translates to about one in every three San Francisco residents. It is believed that when addicts lose access to prescriptive opioids, they turn to street drugs like heroin and fentanyl.

According to city officials, the use of injection drugs, like heroin, have risen by around 275 percent between 2005 and 2016. Of the over 72,000 drug-related deaths in the U.S. last year, nearly 30,000 were attributed to the drug fentanyl and other synthetic opioids. Though the rise in overdose deaths primarily involve illegal opioids, medical and legal experts firmly believe that the current opioid crisis is connected to the rise of legally prescribed medications. And for this, many want big pharma to pay. Indeed, over a thousand such suits have been filed by governmental entities and individuals alike. And undoubtedly, many more are yet to come.

Related Resources:

• Walgreens, CVS Sued for Opioid Sales in Florida (FindLaw Injured)
• Can You Sue a Drug Company for Opioid Addiction? (FindLaw Injured)
• Hundreds Charged With Aiding Opioid Crisis (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2018/12/san-francisco-sues-pharma-for-opioid-epidemic.html

When Can You Sue If You're Detained at the Airport?

Travelers in recent years have learned, perhaps the hard way, that Customers and Border Patrol (CBP) agents can detain you at the airport for refusing to allow them to search your cell phone. Under the Border Doctrine, a search warrant generally required under the Fourth Amendment is not necessary to conduct a reasonable search at the airport.

In recent years, this doctrine has been applied to both immigration and emigration, to U.S. and foreign citizens alike. But many believe these searches are getting out of hand. When can you sue over these cell phone searches?

Which Suits Prevail Against the Border Doctrine?

As attorneys like to say, you can sue the pope for rape, but you might not win. People can generally file any suit they want, but which of these suits will prevail? Usually the ones that violate the "general reasonableness" requirement will not be dismissed. It is generally reasonable to take a laptop or cell phone from travelers for up to five days to review them.

However, the search is limited to what's on that actual device; border doctrine searches are not allowed to access a traveler's digital cloud data. Also with regards to reasonableness, and according to agency directives, if a CBP officer wants to search a device by attaching separate computer equipment to it, there must be a reasonable suspicion or a national security interest. This, however, does not include mere manual searches by agents.

Checking U.S. Citizen Devices When Leaving the U.S.

Recently, Haisam Elsharkawi, a California man, was departing out of Los Angeles International Airport for a trip to Saudi Arabia to go on a hajj, which is a Muslim pilgrimage. While in a boarding line for Turkish Airlines, a CBP officer pulled him out of line and questioned him about how much cash he was carrying. Questioning became intense, especially after officers asked Elsharkawi to unlock his phone, which he initially refused to do. Elsharkawi asked if he could have an attorney present, but his request was denied, and possiblytaken as a sign of guilt.

After about four hours of questioning, Elsharkawi finally acquiesced and let agents search his phone. Elsharkawi has now filed a lawsuit against the federal government for what he claims was an unconstitutional search of his phone. What's interesting about Elsharkawi's suit is that he was an outbound traveler, which is a vary rare occurrence; most other documented searches are of incoming travelers. Time will tell if Elsharkawi prevails.

If you feel that your constitutional rights have been violated by CBP officers, contact a local civil rights attorney. Though the border patrol does have wide discretion in maintaining national security, it is not all powerful. There are constitutional limits to border searches of electronic devices. A lawyer can advise you of your rights and can help you understand the next steps to take to protect your privacy.

Related Resources:

• Find a Civil Rights Attorney Near You (FindLaw's Lawyer Directory)
• Could You Be Tricked Into Unlocking Your iPhone With Your Face? (FindLaw Law and Daily Life)
• Warrantless Cell Phone Searches at U.S. Border OK in Florida Case (FindLaw Decided)

from Injured http://blogs.findlaw.com/injured/2018/12/when-can-you-sue-if-youre-detained-at-the-airport.html

Biggest Injury Lawsuits of 2018

Accidents happen. But some accidents can be avoided, and if someone doesn't take the right steps to avoid an accident, they can be liable for the injuries that occur. Those injuries can be serious or widespread, and if it's a large company or corporation that failed to protect customers or the general public, the lawsuits regarding injury liability can be huge.

The past year was no exception and there were some serious injury lawsuits filed, along with some big verdicts, in 2018. Here's a roundup of the biggest injury lawsuits this year:

1. Victims of California Wildfire Sue Utility Company

The past two years have seen catastrophic wildfires across California, not all of which were mere acts of nature. And those responsible for causing the sparks that lit the state aflame are being called to account. One such lawsuit is targeting Pacific Gas and Electric, claiming the deadly Camp Fire was the "direct and legal result of the negligence, carelessness, recklessness, and/or unlawfulness" of the company.

2. Mother Sues for $60M After Child Died in ICE Custody

Immigration has also been at the forefront of the news this past year, and the Trump administration's enhanced immigration enforcement has come with some deadly costs. Proving government liability in detention and custody injuries and deaths, however, can be tricky.

3. Arizona Class Action Targets Tijuana Weight Loss Doctor, American 'Weight Coyote'

Speaking of immigration, some Americans are crossing the border in the other direction, looking for cheaper weight-loss surgeries. But the results are not what they expected.

4. Walgreens, CVS Sued for Opioid Sales in Florida

The opioid epidemic has been damaging to communities nationwide, but who's to blame? Doctors for over-prescribing painkillers? Addicts who sometimes forge prescriptions or overconsume the drugs? Or drug stores who fail to implement controls on illegal sales?

5. Massachusetts Man Awarded $8.25M for Injuries From Falling Asphalt Melter

Brian Goodrich of Oxford, Massachusetts sustained permanent disfigurement to his face and skull, permanent blindness in one eye, and loss of "even remedial cognitive function" after an asphalt melter fell on his head. In turns out the makers of the melter didn't include adequate warnings, and were legally liable for some of his injuries.

6. Class Action Lawsuit: E-Scooters Are a 'Public Nuisance'

This was also the year of the e-scooters. Thousands of electric scooters began appearing on city streets, generally wreaking havoc on pedestrians and drivers alike. With municipalities scrambling to keep up with e-scooter regulations, some turned to class action lawsuits to curb the e-scooter scourge.

7. Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

If you're still doing some last-minute shopping, stay safe out there. And if you do get injured, contact a local attorney.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Chicago Woman Sues Restaurant for 'Piping Hot' Lasagna (FindLaw's Injured)
• Couple Sues Costco for $4M in Racial Profiling Case (FindLaw's Injured)
• When to Sue for Defamation of Character (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/12/biggest-injury-lawsuits-of-2018.html

School Has 'No Legal Duty' to Protect Students in Mass Shooting

A federal judge decided that the school district and sheriff's office had no legal duty to protect the students as they were fired upon by Nikolas Cruz in the Marjory Stoneman Douglas High School shooting in Parkland, Florida on February 14, 2018.

Fifteen students filed two suits, one in federal court and in one state, claiming they had a 14th Amendment due process right to be protected by law enforcement officers. The federal judge dismissed the case, while the state judge allowed for the case to proceed, even though both courts were using the same set of facts and legal precedent. But only one view will prevail, and legal scholars believe that will be the federal court's.

Police Do Not Owe a Duty of Care to Individual Citizens

Police generally do not have a duty to protect individuals. Rather, they have a duty to protect the general public. Taken to the extreme, a police officer would not have a duty to protect you even if they saw someone point a gun and shoot you in the head. Their duty would be to apprehend the criminal to protect the public, but not necessarily to intervene and protect you.

However, a duty would arise if that police officer had a special relationship to you or if you were being held in custody. Courts have regularly said that school does not elevate to the requisite level of being held in custody. Rather, that level of care is reserved for prisons and the like. But what about special relationships? That is where the state and federal court differed.

State Court Believes School Resource Officer Did Have a Duty of Care

The state court felt that the community safety officer stationed at the school, Scot Peterson, did have a duty to protect, and therefore would not dismiss the case. According to Darren L. Hutchinson, a professor and associate dean at the University of Florida School of Law, when an officer has a "special relationship" with people, or acts to "enhance the risk" of harm, the officer can be liable under a negligence theory for any resulting injury.

This is likely how Judge Henning found that Mr. Peterson did have a duty to protect those inside the school and refused to dismiss the suit. The court likely found Peterson, as a school resource officer, had a special relationship with the students, and as such, there would a duty of care to protect the students. In addition, facts seem to show that Peterson not only failed to go in and help the students when he knew that Cruz was shooting at them, but he also ordered a lockdown of the building, thereby trapping the students inside the school with Cruz like sitting ducks.

It is expected the plaintiffs will appeal the federal court's dismissal of the case.

Related Resources:

• Can You Sue The Police For Not Coming When Called? (FindLaw Blotter)
• Must the Government Protect Its Citizens If It Learns They Are in Danger? The Supreme Court Considers How Far Responsibility Reaches (FindLaw SCOTUS Center)
• Can You Sue Someone for Not Calling 911? (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/12/school-has-no-legal-duty-to-protect-students-in-mass-shooting.html

Reuters Releases Johnson & Johnson Report, Suggests Internal Knowledge for Decades

Reuters released a report that proclaims Johnson & Johnson (J&J) knew their talc products contained asbestos, but hid that information from regulators and the general public. Asbestos has been linked to mesothelioma and ovarian cancer, and now it seems J&J talc is linked to those as well.

Confidential Internal Memos Prove J&J Knew of Asbestos in Talc

It appears that J&J knew for decades that its talc contained forms of asbestos, but that the company either neglected to report these findings, explained them away as statistically insignificant, or tested their product in such a way as to minimize or avoid asbestos detection. But years and years of discovery by various plaintiffs' lawyers have finally scratched away at what could be a facade that masked what J&J knew, but never disclosed: that its talc contained asbestos.

Now, J&J has been forced to share literally thousands of pages of company memos, internal reports, and other confidential documents to attorneys who claim their talc caused various forms of cancer.

Knowledge at the Highest Levels

Reuters reviewed these documents, which seem to state that the company knew that its raw talc and finished powder tested positive for small amounts of asbestos from at least 1971 to the early 2000's Ranking executives and company lawyers knew this fact, but didn't disclosed it to regulators or the public. Not only did they intentionally fail to disclose this information, but it appears they also successfully influenced U.S regulators' plans to limits asbestos in cosmetics, as well as the government's scientific research on talc's adverse health effects.

Documents May Help Plaintiffs Prove Link Between Cancer and Talc

In recent years, juries awarded huge sums to plaintiffs for proving that J&J talc was laced with asbestos, which in turn, caused their mesothelioma. Mesothelioma is a lung cancer caused by asbestos. Normally, these cases are found in construction and mine workers. But when cases starting arising by the dozen in patients who never held these jobs, it led to the theory that they inhaled the asbestos in a different way. And as it turned out, that way was talc. Unfortunately for plaintiffs, jury verdicts have not always held for plaintiffs. In fact, results have been pretty mixed, since plaintiffs bear the burden of proving that there was asbestos in the talc used by plaintiffs. And that link has always been difficult to prove, until now.

Mesothelioma and Ovarian Cancer Linked to Talc

These mesothelioma cases opened the door for broader J&J liability, and earlier this year, plaintiffs successfully won a $4.69 billion verdict for proving that asbestos-tainted Baby Powder and Shower to Shower talc caused ovarian cancer, again via asbestos, in women that regularly used J&J talc products as a perineal antiperspirant and deodorant.

Ovarian cancer is much more prevalent than mesothelioma, and hence J&J's liability could be debilitating to the company. In fact, J&J is facing thousands of lawsuits claiming its talc caused cancer, since asbestos has a long latency period. And now it appears lawyers may now have all the evidence they need to tie the two, in both forms of cancer.

If you or someone you love has been diagnosed with mesothelioma or ovarian cancer, and you think talc could be to blame, contact a personal injury lawyer. This Reuters report could have potentially opened the door for many plaintiffs seeking to recover damages for their cancer inflection. A lawyer may very well be willing to listen to the facts of your case, and even represent you, for no money down.

Related Resources:

• Find a Personal Injury Attorney Near You (FindLaw's Lawyer Directory)
• New Jersey Couple Gets $37 Million in Talcum Powder Cancer Lawsuit (FindLaw Injured)
• Talcum Powder Lawsuit: When to Sue J&J for Wrongful Death (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/12/reuters-releases-johnson-johnson-report-suggests-internal-knowledge-for-decades.html

Berkeley Must Face Class Action by Protesters

The city of Berkeley, its police chief, and several of its police officers, will be required to face a class action lawsuit brought by protesters that were injured at a recent city council meeting. Though some of the charges brought were dropped, U.S. District Court Judge Jeffrey White kept alive claims that the Berkeley police chief failed to enforce the police department's own rules for policing demonstrations. These rules were recently adopted after violent tactics were used against demonstrators for Black Lives Matter back in 2014. Apparently, police used those same outlawed tactics against those protesting the city's SWAT team training and weapons expo, while in the presence of Police Chief Andrew Greenwood.

Three Protesters Allegedly Injured From Police Use of Batons

In July of 2017, protesters and plaintiffs Dylan Cooke, Brooke Anderson, and Lewis Williams came to the stage with other protesters at the conclusion of the City Council meeting at Longfellow Middle School to unroll a banner that said, "Stop Urban Shield, End the Militarization of Our Communities." According to the complaint, before the sign was even unrolled, police stormed the stage and used excessive force. One officer twisted Cooke's wrist and shoulder in an "excruciating pain hold", and another subsequently wrenched Cooke's arm harder, according to the lawsuit. Anderson, who was wearing a press pass, claims she was repeatedly hit with batons on her arm, on which she wore a visible brace, and had her camera pushed into her face with batons. Williams, who is 74 years old, suffered a cut on his head; allegedly he stooped to pick up his glasses from the floor when an officer hit him on the top of his head.

Alleged Force Used Violated Berkeley Police Department's Own Policy

After excessive force was used in a local Black Lives Matter rally in 2014, the Berkeley Police Department adopted a crowd-control and use-of-force policy that includes prohibitions on how batons are used and how crowds are disbursed. Judge White will allow claims to move forward that allege that police violated this policy. Though White did drop some related claims, he will allow plaintiffs to amend their complaint, so as to potentially reinstate the dropped claims, thereby making the city increasingly liable for the actions of the police officers. According to plaintiffs' attorney, Rachel Lederman, if the dropped claims are amended and reinstated, "the big picture can be addressed and additional injuries can be averted and people can exercise their First Amendment rights in Berkeley without fear of being clubbed on the head for no reason."

If you or someone you love has been violently injured during a peaceful protest, contact a civil rights attorney. Our country was founded on notions of free speech, and in order to keep our country great, all voices should be heard. A civil rights attorney may take your case free or at low cost. Call one today. You have nothing to lose.

Related Resources:

• Find a Civil Rights Attorney Near You (FindLaw Lawyer's Directory)
• UC Berkeley Occupy Protestors Lose Excessive Force Case Against Campus Cops (FindLaw Decided)
• 5 More Tips for Protesting (Legally) (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2018/12/berkeley-must-face-class-action-by-protestors.html

Are Dangerous Errors Lurking in Your Medical Records?

Sometimes we need to change doctors. Sometimes a medical condition needs to go to an expert. And sometimes, a medical emergency prevents us from giving our complete medical history to the doctors and nurses treating us. In any case, the quality of health care that we receive is only as good as the accuracy of our medical records.

And while it may be impossible to calculate exactly how many errors are  hidden in our medical histories, the Office of the National Coordinator for Health Information Technology estimates that nearly 1 in 10 people who access their medical records online end up requesting that they be corrected. So how do you find out if your medical records are accurate? And how do you correct them if they're not?

Accessing Records

"I tell people, 'Collect all your medical records, no matter what' so you can ask all kinds of questions and be on the alert for errors," Susan Sheridan, director of patient engagement with the Society to Improve Diagnosis in Medicine told CNN. That is great advice, but how do you actually get your records?

The Health Insurance Portability and Accountability Act (HIPAA) establishes data privacy and security guidelines for patients' medical information. This law also guarantees your right to review your medical record and request corrections. Under HIPAA, hospitals, medical clinics, physician practices, pharmacies, and health insurers are required to make your medical records available within 30 days, at a reasonable cost, and in the format that you request, if possible.

If you are having trouble acquiring your medical records, or those of a family member, you can review the recent guidelines issued by the Office for Civil Rights of the U.S. Department of Health and Human Services.

Fixing Errors

Your doctor or hospital should also be able to provide you with a form to correct any errors in your medical records. "Individuals should be provided with a timely means to dispute the accuracy or integrity of their individually identifiable health information," according to the Office of Civil Rights, "and to have erroneous information corrected or to have a dispute documented if their requests are denied."

Even seemingly innocuous errors, like outdated contact information for family or designated representatives, inaccurate dates of treatment, or minor errors in dosages and medications can have catastrophic health effects if not corrected. Make sure you check your medical records and fix any errors. And you may want to talk to a local attorney for help if you're having trouble.

Related Resources:

• Browse Health Care Lawyers Near You (FindLaw's Lawyer Directory)
• Medical Records Don't Always Match What Patients Say (Reuters)
• Have Your Medical Records Been Hacked? Probably (FindLaw's Injured)
• Who Has Access to Your Medical Records After You Die? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/12/are-dangerous-errors-lurking-in-your-medical-records.html

Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

Aisha Siddiqui won a jury verdict of $3 million in her personal injury lawsuit against a mall owner and escalator manufacturer after her right big toe was "crushed and shredded" during a Christmas shopping trip in Arkansas last year.

Siddiqui was riding down an escalator at the Park Plaza mall, when her boot got caught and pulled into the moving escalator. Her right big toe was caught in the escalator's teeth, turning it into "hamburger meat," according to her attorney, Denise Hoggard. Medical responders hoped to reattach the toe, and therefore couldn't use pain killing medication during the agonizing and protracted rescue. In the end, the toe couldn't be saved.

Career as a Surgeon Put at Risk

According to Hoggard, this wasn't just a case about a big toe. It was about pain and suffering, as well as quality of life. Losing the toe has impacted the way she walks and stands, leading to daily pain in her hip and knee.

Siddiqui is in medical school, and hopes to become a surgeon, which often requires long hours of standing. Now this career is in jeopardy. Hoggard estimated Siddiqui's earnings loss ranged from $1.5 million, if jurors considered how much she would earn as a college graduate, to $5 million, if she succeeds as a surgeon. Defendants in the case, the mall owner and escalator manufacturer, had already admitted guilt as well as prior knowledge of other clothing items recently getting caught in this same escalator. They were looking to pay Siddiqui $500,000.

$15 Million Awarded in Prior Escalator Settlement

Though $3 million may seem like a high award, back in 2003, Dillard's department store agreed to pay a Florida girl $15 million, after she lost three fingers at the age of five when her hand got caught in an escalator as she tried to free her shoe that had gotten similarly stuck. In that case, the Dillard's manager also knew that the escalator was dangerous, but had lied to state regulators to make it appear that the escalator was being maintained.

If you or someone you love has been injured from an escalator incident, contact a local personal injury attorney. Only through legal discovery will you be able to learn if the escalator operator or manufacturer knew or should have known that the machine was dangerous. A lawyer will be able to help you get the most reimbursement possible for your medical bills, pain, suffering, and lost wages.

Related Resources:

• Find a Personal Injury Attorney Near You (FindLaw's Lawyer Directory)
• Parents Sue Crocs Over Child's Escalator Injury (FindLaw Injured)
• Houston Texans Fan Dies After Falling Off 3-Story Escalator (FindLaw Tarnished Twenty)

from Injured http://blogs.findlaw.com/injured/2018/12/christmas-shopper-wins-3m-lawsuit-for-escalator-toe-injury.html

Top 5 Legal Tips Regarding the Costs of Personal Injury Claims

Accidents and injuries happen every day. And often, people don't seek compensation for their injuries because they are worried about the cost of an injury claim, or they think whatever they might get paid won't be worth the time and effort. While this may be the case in some instances, it's not always true.

So how much does it cost to bring a personal injury lawsuit, and how do you know if it will be worth it? Here's what you need to know.

1. How Much Is Your Personal Injury Case Worth?

That's pretty much the threshold question for most litigants, as the answer will determine how much they are willing to spend to file a claim and pursue it to trial. But that answer can vary depending on a number of issues, from the severity of the injuries to statutory limits on personal injury awards.

2. Does the Losing Party Always Have to Pay Attorney's Fees?

An essential part of considering any reward is assessing the risk. In an ostensible attempt to limit frivolous lawsuits, some jurisdictions allow one party to seek repayment from the other after an unsuccessful lawsuit. Is this always the case in personal injury claims?

3. How to Document Your Personal Injury Expenses Before Filing a Claim

Part of determining how much your personal injury claim might be worth is documenting your injuries, costs, and expenses. That's not always easy, and mistakes, miscalculations, and omissions can hurt your case. Here's how to do it right.

4. Top 7 Questions (and Answers) Regarding Damages in Personal Injury Cases

If you do win your case, what then? There are different kinds of damages available in different kinds of cases, depending on the conduct of the other parties and the injuries involved. And, as noted above, some of those damages are capped by state laws.

5. 3 Ways to Get Compensation for an Injury Without Suing

Of course, you may be entitled to compensation and able to obtain it without going to court. Here's how.

One essential element to the cost of a personal injury claims is your legal fees, and many injury lawyers will accept cases on a contingency fee basis where your cost is based on what you are (or are not) awarded in the case. To find out if your personal injury case is eligible for such an arrangement, contact a local personal injury attorney.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• 3 Ways to Get a Lawyer to Take Your Injury Case (FindLaw's Injured)
• Top 3 Myths About Personal Injury Lawsuits (FindLaw's Injured)
• Top 5 FAQs About Personal Injury Cases (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/12/top-5-legal-tips-regarding-the-costs-of-personal-injury-claims.html

When to Sue for House Fire Injury or Death

Some deaths feel accidental, tragic, unavoidable. And some others feel so easily preventable. Malfunctions and accidents happen, but we hope that the systems we put in place to protect us from those inevitable dangers will work. And when they don't, we want to hold them accountable.

So it's understandable that a person might expect a home security system, one that promised to alert authorities in case of alarm, wouldn't ignore two warnings and unanswered calls and "inexplicably" clear an incident, especially when that incident is a deadly house fire. But that's what happened to Elizabeth Frost, who died of smoke inhalation and carbon monoxide poisoning after a fire in her home. So, is the home security system to blame?

ADT Failure

Frost's family filed a wrongful death suit against ADT on behalf of her son, accusing the company of fraud, deception, and breaching the Kansas consumer protection act. According to the lawsuit, the security company was initially alerted to a problem at the home at around 1:30 a.m., receiving a first alarm for a broken glass window and a second for a failure of the home system's main keypad. An ADT employee attempted to contact Frost and her mother, but their calls went unanswered. Instead of attempting to contact first responders, however, the employee cleared the incident around a half hour later.

City employees finally dialed 911 to report the fire around 3 a.m., about 90 minutes after the first alarm at Frost's residence. Frost's body was pulled from her burning home and she died later at a hospital. Topeka's WIBW is reporting that the family's civil suit has been dismissed, however, apparently because it did not provide sufficient facts to support the family's claims for relief.

Failure to Act

Without more information, it's hard to speculate why U.S. District Court Judge Julie Robinson dismissed the lawsuit. But there are a couple general legal theories that could explain it. First, there is no general requirement to lend help to someone in need, absent some special relationship or knowledge. Additionally, there is not even a legal requirement to call 911 in an emergency in most states.

And while ADT may not have had a general duty to contact authorities, it remains unclear exactly what guarantees it made to Frost or her family in its marketing materials. For the most part, liability of fire injury or death is going to be limited to the persons or people who started a fire, and not those who failed to report it.

If you or a family member has been injured in a house fire, contact an experienced local attorney.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• ADT Didn't Alert Officials to Alarms at Burning Home With Kansas Mom Inside, Suit Says (Kansas City Star)
• Can Home Security System Companies Be Liable for Injuries? (FindLaw's Injured)
• The 3 Home Safety Devices You Need to Have (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/12/when-to-sue-for-house-fire-injury-or-death.html