Prenatal Testing and Liability for Wrongful Birth

Prenatal testing enables parents to make a difficult decision no one would want to face: whether to terminate a pregnancy based on a genetic defect. This testing has helped many parents but it is an imperfect science and the people who perform tests don’t always interpret results properly.

In those cases, parents are faced with an even more difficult situation when a child is born with a debilitating genetic disorder. Beyond the heartache and emotional challenges, having a child with a serious disease or disorder presents practical, financial, and logistical problems. That is why parents sue for negligence in the context of prenatal testing. In addition to assigning responsibility, a lawsuit also enables parents to be awarded damages to pay for lifelong care.

Wrongful Birth

Wrongful death suits are negligence cases brought by the family of a victim on their behalf. A lawsuit argues that, but for the defendant’s negligence, the victim would be alive. Similarly, wrongful birth suits are brought by parents whose children essentially would have been born but for the negligence of medical practitioners in testing or diagnosis.

Reportedly about 89 percent of women who learn through prenatal testing that their child has Down’s syndrome opt to terminate the pregnancy. Parents who are falsely reassured by physicians that their child will be healthy based on genetic testing and learn after it is too late that their child faces a lifetime of dependence often opt to sue. When they do this, targeting the geneticists and medical practitioners who misinterpret or otherwise err in their reading of a prenatal test, they are fighting for help in covering the crippling expenses of a lifetime of care for the newborn child.

Some parents are particularly reliant on prenatal genetic testing because they have a child with a rare disease and are seeking reassurance that the next pregnancy will be different. One couple was awarded nearly $21 million by a jury after they sued for wrongful birth. Their geneticist misdiagnosed their first son’s birth defect and they had a second child with the same problem, a defect that would have been found in prenatal testing if the first son’s defect had been known. The geneticist reassured them that subsequent pregnancies would be fine, but both of their sons suffer from the same rare and grave problems.

Injured?

If you or a loved one has been injured due to the negligence of medical personnel or anyone else, speak to a lawyer. Tell your story and find out your options.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Responsible Parties in Birth Injury Cases: Who Can Be Sued? (FindLaw’s Learn About the Law)
• Proving Fault in Medical Malpractice Cases (FindLaw’s Learn About the Law)
• Information for Your Lawyer; Medical Background (FindLaw’s Learn About the Law)
  

from Injured http://blogs.findlaw.com/injured/2016/07/prenatal-testing-and-liability-for-wrongful-birth.html

Jury Awards $70M in Johnson & Johnson Risperdal Lawsuit

via Tumblr hobbsr04.tumblr.com/post/146951082112 A Philadelphia jury awarded $70 million to a boy who developed breasts after using antipsychotic drug Risperdal. The drug is manufactured by Johnson & Johnson subsidiary Janssen Pharmaceuticals, and the jury found that the companies failed to adequately warn doctors and consumers about the risk of gynecomastia in male patients. This is the latest in a long line of decisions against Johnson & Johnson and Janssen based on Risperdal injuries, so here’s what you need to know about the drug and the litigation. Pharmaceutical Benefit Risperdal has long been prescribed as an anti-psychotic that can treat schizophrenia, autism, or bi-polar disorder. It is FDA approved, and can reduce aggressive behavior for some autistic people. But the problem with Risperdal is not its effects, but its side effects. Risperdal use has been associated with increased levels of prolactin, a hormone that, among others things, controls milk production. Along with increased levels of prolactin comes breast enlargement, also known as gynecomastia. A study of autistic boys in 2012 showed that breast enlargement and diminished sexual functioning are common side effects of the drug. Autistic boys aged 10 to 20 taking Risperdal were twice as likely to develop gynecomastia than those not on the drug, and they were 14 percent more likely to suffer some sexual dysfunction. Product Liability According to recent lawsuits, Janssen knew about the elevated risk for gynecomastia as far back as 2003, and failed to warn patients. In addition, other anti-psychotics that have similar benefits in autistic patients don’t have the same side effects, meaning the risk is particular to Risperdal. In this case, a Tennessee boy, Andrew Yount, developed breasts after taking Risperdal. At the time, the FDA had only approved Risperdal for use in adults. The jury also heard evidence that Janssen manipulated study data showing that Risperdal was suspected of causing gynecomastia in an effort to downplay the risks to adolescents. If you’ve suffered side effects from Risperdal use, you may be entitled to compensation. You should contact an experienced personal injury attorney — most are happy to consult with you for free. Related Resources: Injured by Risperdal? Get your claim reviewed by an attorney for free. (Consumer Injury) Johnson and Johnson Settles Texas Risperdal Suit for $158M (FindLaw’s In House) Risperdal Lawsuit: Johnson and Johnson to Pay $327M (FindLaw’s Decided) FDA Approves New Risperdal Uses (FindLaw’s Common Law) from Injured blogs.findlaw.com/injured/2016/07/jury-awards-70m-in-john... via Blogger hobbsr04.blogspot.com/2016/07/jury-awards-70m-in-johnson-...

via Flickr http://www.flickr.com/photos/87814799@N02/27493753403

Jury Awards $70M in Johnson & Johnson Risperdal Lawsuit

A Philadelphia jury awarded $70 million to a boy who developed breasts after using antipsychotic drug Risperdal. The drug is manufactured by Johnson & Johnson subsidiary Janssen Pharmaceuticals, and the jury found that the companies failed to adequately warn doctors and consumers about the risk of gynecomastia in male patients.

This is the latest in a long line of decisions against Johnson & Johnson and Janssen based on Risperdal injuries, so here’s what you need to know about the drug and the litigation.

Pharmaceutical Benefit

Risperdal has long been prescribed as an anti-psychotic that can treat schizophrenia, autism, or bi-polar disorder. It is FDA approved, and can reduce aggressive behavior for some autistic people. But the problem with Risperdal is not its effects, but its side effects.

Risperdal use has been associated with increased levels of prolactin, a hormone that, among others things, controls milk production. Along with increased levels of prolactin comes breast enlargement, also known as gynecomastia. A study of autistic boys in 2012 showed that breast enlargement and diminished sexual functioning are common side effects of the drug. Autistic boys aged 10 to 20 taking Risperdal were twice as likely to develop gynecomastia than those not on the drug, and they were 14 percent more likely to suffer some sexual dysfunction.

Product Liability

According to recent lawsuits, Janssen knew about the elevated risk for gynecomastia as far back as 2003, and failed to warn patients. In addition, other anti-psychotics that have similar benefits in autistic patients don’t have the same side effects, meaning the risk is particular to Risperdal.

In this case, a Tennessee boy, Andrew Yount, developed breasts after taking Risperdal. At the time, the FDA had only approved Risperdal for use in adults. The jury also heard evidence that Janssen manipulated study data showing that Risperdal was suspected of causing gynecomastia in an effort to downplay the risks to adolescents.

If you’ve suffered side effects from Risperdal use, you may be entitled to compensation. You should contact an experienced personal injury attorney — most are happy to consult with you for free.

Related Resources:

• Injured by Risperdal? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Johnson and Johnson Settles Texas Risperdal Suit for $158M (FindLaw’s In House)
• Risperdal Lawsuit: Johnson and Johnson to Pay $327M (FindLaw’s Decided)
• FDA Approves New Risperdal Uses (FindLaw’s Common Law)

from Injured http://blogs.findlaw.com/injured/2016/07/jury-awards-70m-in-johnson-johnson-risperdal-lawsuit.html

Should I Take Car Accident Pictures?

via Tumblr hobbsr04.tumblr.com/post/146945155522 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’ve been in a car accident, you should do everything you can to document what happened. But that’s not the whole story. There are a few things you’ll want to take care of first, and many things you’ll need to take care of after. Here’s what you need to know about taking pictures of your car accident: First Things First Before you attempt to be the Ansel Adams of car accidents, check on the other drivers and passengers. Make sure everyone involved in the accident is OK, and request medical attention for anyone who is hurt. And if it is a serious accident, you should report the accident to local police or highway patrol. They may be needed to handle any impact on traffic, coordinate medical personnel and/or tow trucks, and they will also document the accident in their own report. Get Snappy One of the great things about smart phones (if you have one) is they all have cameras and, depending on their memory capacity, can allow you to take as many photos as you want. Plus, you can see right away whether the shot is good or not. So take as many photos of the car accident as you can. Photos of the scene will be essential to your car insurance claim. Clearly you want to focus on the immediate damage to the car, but there are a few other things you may want to aim your camera at: Personal injuries Damage to surrounding property Layout of the street or intersection Nearby street signs or highway markers Your photos may be used to prove you weren’t at fault for the accident, and could ultimately determine how much you could get in a claim settlement. What Else? Your photos won’t tell the whole story of the accident, and there’s other evidence that can help during a car accident investigation. You’ll also want to gather insurance and contact information for everyone involved in the accident. (Taking photos of insurance cards can help.) And you’ll want to talk to anyone who witnessed the accident, record what they saw, and gather their contact information as well. Getting into a car accident is scary. But what happens afterwards doesn’t have to be. If you’ve been in a serious car accident, contact an experienced car accident attorney today — he or she will be able to answer all of your questions, often for free. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) 3 Tips to Prepare for a Car Accident Claim (FindLaw’s Injured) 5 Things You Shouldn’t Do After a Car Accident (FindLaw’s Injured) How to Defend Against a Car Accident Injury Lawsuit (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/07/should-i-take-car-accid... via Blogger hobbsr04.blogspot.com/2016/07/should-i-take-car-accident-...

via Flickr http://www.flickr.com/photos/87814799@N02/27490666623

Should I Take Car Accident Pictures?

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’ve been in a car accident, you should do everything you can to document what happened. But that’s not the whole story. There are a few things you’ll want to take care of first, and many things you’ll need to take care of after.

Here’s what you need to know about taking pictures of your car accident:

First Things First

Before you attempt to be the Ansel Adams of car accidents, check on the other drivers and passengers. Make sure everyone involved in the accident is OK, and request medical attention for anyone who is hurt.

And if it is a serious accident, you should report the accident to local police or highway patrol. They may be needed to handle any impact on traffic, coordinate medical personnel and/or tow trucks, and they will also document the accident in their own report.

Get Snappy

One of the great things about smart phones (if you have one) is they all have cameras and, depending on their memory capacity, can allow you to take as many photos as you want. Plus, you can see right away whether the shot is good or not. So take as many photos of the car accident as you can.

Photos of the scene will be essential to your car insurance claim. Clearly you want to focus on the immediate damage to the car, but there are a few other things you may want to aim your camera at:

• Personal injuries
• Damage to surrounding property
• Layout of the street or intersection
• Nearby street signs or highway markers

Your photos may be used to prove you weren’t at fault for the accident, and could ultimately determine how much you could get in a claim settlement.

What Else?

Your photos won’t tell the whole story of the accident, and there’s other evidence that can help during a car accident investigation. You’ll also want to gather insurance and contact information for everyone involved in the accident. (Taking photos of insurance cards can help.) And you’ll want to talk to anyone who witnessed the accident, record what they saw, and gather their contact information as well.

Getting into a car accident is scary. But what happens afterwards doesn’t have to be. If you’ve been in a serious car accident, contact an experienced car accident attorney today — he or she will be able to answer all of your questions, often for free.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 3 Tips to Prepare for a Car Accident Claim (FindLaw’s Injured)
• 5 Things You Shouldn’t Do After a Car Accident (FindLaw’s Injured)
• How to Defend Against a Car Accident Injury Lawsuit (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/07/should-i-take-car-accident-pictures.html

Will Tesla Motors Be Liable for First Autopilot Death?

via Tumblr hobbsr04.tumblr.com/post/146768807142 Yesterday Tesla Motors announced the first death associated with one of its cars in Autopilot mode. The accident occurred in Florida in May and was made public by the car’s manufacturer only when the National Highway Traffic Safety Administration launched an official investigation of the self-driving car’s Autopilot system. This first self-driving car death raises questions about the safety and future of automated highways at a critical time when authorities are attempting to figure out regulations. Tesla Motors did its best to reassure the public that the incident was not cause for concern, but it is certain that enthusiasm about self-driving cars is at least temporarily tempered. As for liability, Tesla Motors may be sued but not necessarily by the deceased’s family. Autopilot Enthusiast According to USA Today, Joshua Brown, 40, of Canton, Ohio, died from injuries he sustained when a tractor-trailer made a left turn in front of his 2015 Tesla on a highway in Florida in May. The Tesla was in Autopilot mode, which is supposed to allow the car to cruise, maintain a lane, and stop suddenly if traffic appears ahead. But the Tesla and its driver failed to note the truck passing perpendicular and slid underneath, then crashed into a pole down the road. The trucker, who survived, told reporters that the autopiloted car was playing a “Harry Potter” movie and that he could hear it running after the accident. Meanwhile, Tesla Motors denies that it’s even possible to play movies on the car’s touch screen and is trying to minimize the gravity of the accident. The company wrote, “This is the first known fatality in just over 130 million miles where Autopilot was activated. Among all vehicles in the US, there is a fatality every 94 million miles.” Liability Issues Although the family of the driver who died in his Tesla could theoretically sue the manufacturer if Autopilot malfunctioned, the company pointed out in its blog post that Brown was a technology and Tesla enthusiast. In fact, Brown had previously filmed himself in the Tesla on Autopilot and said the feature saved his life. Tesla Motors also explained in its blog post that when a car is put on Autopilot, the driver must acknowled a warning onscreen that the program is still experimental. In other words, Tesla disclaimed liability while announcing the tragedy. But even if Jason Brown’s family does not sue Tesla for wrongful death, it is possible that the trucker who was in the accident with Brown will sue if he was injured. Frank Baressi, 62, told the Associated Press that the Tesla driver was driving so quickly that “he went so fast through my trailer I didn’t see him.” Injured? If you have been injured in accident, talk to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Why Is Tesla ‘Giving Away’ All of Its Patents? (Findlaw’s Free Enterprise) Elon Musk and Tallulah Riley Divorce Again (FindLaw’s Free Enterprise) Elon Musk refuses Super Rude Customer a Car (FindLaw’s Free Enterprise) from Injured blogs.findlaw.com/injured/2016/07/will-tesla-motors-be-li... via Blogger hobbsr04.blogspot.com/2016/07/will-tesla-motors-be-liable...

via Flickr http://www.flickr.com/photos/87814799@N02/27411397233

Will Tesla Motors Be Liable for First Autopilot Death?

Yesterday Tesla Motors announced the first death associated with one of its cars in Autopilot mode. The accident occurred in Florida in May and was made public by the car's manufacturer only when the National Highway Traffic Safety Administration launched an official investigation of the self-driving car's Autopilot system.

This first self-driving car death raises questions about the safety and future of automated highways at a critical time when authorities are attempting to figure out regulations. Tesla Motors did its best to reassure the public that the incident was not cause for concern, but it is certain that enthusiasm about self-driving cars is at least temporarily tempered. As for liability, Tesla Motors may be sued but not necessarily by the deceased's family.

Autopilot Enthusiast

According to USA Today, Joshua Brown, 40, of Canton, Ohio, died from injuries he sustained when a tractor-trailer made a left turn in front of his 2015 Tesla on a highway in Florida in May. The Tesla was in Autopilot mode, which is supposed to allow the car to cruise, maintain a lane, and stop suddenly if traffic appears ahead.

But the Tesla and its driver failed to note the truck passing perpendicular and slid underneath, then crashed into a pole down the road. The trucker, who survived, told reporters that the autopiloted car was playing a "Harry Potter" movie and that he could hear it running after the accident.

Meanwhile, Tesla Motors denies that it's even possible to play movies on the car's touch screen and is trying to minimize the gravity of the accident. The company wrote, "This is the first known fatality in just over 130 million miles where Autopilot was activated. Among all vehicles in the US, there is a fatality every 94 million miles."

Liability Issues

Although the family of the driver who died in his Tesla could theoretically sue the manufacturer if Autopilot malfunctioned, the company pointed out in its blog post that Brown was a technology and Tesla enthusiast. In fact, Brown had previously filmed himself in the Tesla on Autopilot and said the feature saved his life.

Tesla Motors also explained in its blog post that when a car is put on Autopilot, the driver must acknowled a warning onscreen that the program is still experimental. In other words, Tesla disclaimed liability while announcing the tragedy.

But even if Jason Brown's family does not sue Tesla for wrongful death, it is possible that the trucker who was in the accident with Brown will sue if he was injured. Frank Baressi, 62, told the Associated Press that the Tesla driver was driving so quickly that "he went so fast through my trailer I didn't see him."

Injured?

If you have been injured in accident, talk to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Why Is Tesla 'Giving Away' All of Its Patents? (Findlaw's Free Enterprise)
• Elon Musk and Tallulah Riley Divorce Again (FindLaw's Free Enterprise)
• Elon Musk refuses Super Rude Customer a Car (FindLaw's Free Enterprise)

from Injured http://blogs.findlaw.com/injured/2016/07/will-tesla-motors-be-liable-for-first-autopilot-death.html