Tuesday, March 14, 2017

West Virginia Counties Sues Drug Manufacturers Over Opioid Crisis

Over six years from 2007 to 2012, drug distributors sent almost 40 million doses of opioids to retailers in Cabell County, West Virginia. Cabell County has around 96,000 residents. That would mean more than 400 pills for every adult and child in the county.

Now Cabell and another West Virginia county are suing at least ten drug distributors, including McKesson Corp., Cardinal Health, and AmerisourceBergen as well as CVS, Walgreens, Walmart, and other retailers, claiming the companies violated federal drug control laws.

(Lack of) Drug Control

Federal drug laws require distribution companies to report suspicious orders of narcotics to the Drug Enforcement Administration. Suspicious orders can include anything from unusually large or unusually frequent orders to those that deviate from a normal pattern. Companies that fail to report such orders can face fines, and their DEA registrations can be revoked. According to the Washington Post, "at least 13 of the companies knew or should have known that hundreds of millions of pills were ending up on the black market. But the companies ignored warnings and continued to send the drugs, sometimes after being alerted by the DEA or their own employees."

The lawsuits claim the drug companies violated West Virginia law and created public health hazards by shipping massive quantities of opioids into the state. That state law was originally passed to address drug houses and run-down buildings deemed a public nuisance and posing a safety hazard to the community.

Just Say No

These lawsuits are far from the only litigation involving the opioid crisis. West Virginia's attorney general's office has already settled lawsuits filed against opioid distributors for violating state consumer protection laws. And several of the drug manufacturers have already paid civil fines to settle civil lawsuits filed by the federal government.

If you're considering filing a lawsuit related to opiate addiction or injury, contact an experienced attorney first.

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from Injured http://blogs.findlaw.com/injured/2017/03/west-virginia-counties-sues-drug-manufacturers-over-opioid-crisis.html
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Monday, March 13, 2017

Who Do You Sue If Injured in a Driverless Car Accident?

Although cars still can't simply fly over traffic, technology has gotten us to the point where driverless cars are a reality. Despite the promise of this technology leading to a future without car accidents, driverless cars have a long way to go. Since the limited deployment and testing of autonomous cars started recently, there have been numerous accidents, and even a fatal crash, that have been attributed to auto-pilot modes or driverless vehicle automation.

These crashes have led many folks to wonder: who's responsible for a driverless car crash? While the answer may seem to be as simple as asking who owns the vehicle, this might not actually be the case, or provide adequate relief in jurisdictions, like California, that limit vehicle owner liability.

Holding a Computer Liable

To make matters even more confusing, the Department of Transportation passed regulations that essentially state that a driverless car's computer is to be considered the car's driver, rather than the occupant. While there is no basis in the law for holding a computer liable for its own actions, there is plenty of basis in the law for holding manufacturers liable when their products cause injury. Here, potentially there could be multiple defendants including the manufacturer, retailer, software or component designer, and even the vehicle's owner.

What this means for consumers is that an auto accident involving a driverless car can quickly change from a standard auto accident negligence case into a product liability design defect case. Unfortunately for injured parties, a product liability case is much more difficult to prove than a typical auto accident negligence case. However, settlements, judgments and verdicts for product liability injuries tend to be much higher than auto accident negligence cases.

Joint Liability For Auto-Pilot

For cases that involve semi-autonomous self-driving cars (which are those that require a driver to have hands on the wheel or be physically present with the ability to take over control), the person behind the wheel could potentially be liable under a standard auto accident negligence theory. Presumably though, if an auto-pilot system was active at the time of the accident, both the driver and maker of the system could be brought into the same action and potentially both held liable.

As driverless technology is still very new (so much so that it's not legal in all states yet), laws regulating the use and liability are still being developed. To that end, and even after the laws are made clearer, it is probably a good idea to seek out a qualified auto accident injury attorney to help if you get into an accident with a driverless vehicle.

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from Injured http://blogs.findlaw.com/injured/2017/03/who-do-you-sue-if-injured-in-a-driverless-car-accident.html
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Friday, March 10, 2017

Robot Makers Sued After Robot Kills Michigan Worker

A recent lawsuit filed by the widower of a Michigan manufacturing plant worker is seeking to hold the makers and installers of robotic manufacturing equipment liable for the death. Wanda Holbrook was inspecting a section of machinery that was not working properly, when another malfunctioning robotic machine struck her in the head and killed her.

The lawsuit alleges that the robot that killed her should not have been able to access the area where she was located, and the very fact that the incident occurred is proof of a design defect and the failure of the various safety systems.

Michigan's Manufacturer Protection

Likely as a result of the state of Michigan's history as a leader in automotive manufacturing, manufacturers have some legal protections in the state that won't be found elsewhere. Unless it can be proven that the death was a result of an intentional act, an employer generally will not be liable for the negligent death of an employee.

However, as the Holbrook case illustrates, under Michigan law, the 3rd party manufacturers and installers of the machinery can be held liable for injuries caused by their machinery under normal product liability theories. In Holbrook's case, the employer is not being sued, but rather, only the makers and installers of the robotic manufacturing equipment.

Details of the Case

The death happened nearly two years ago in July 2015. Wanda Holbrook was inspecting robotic machinery that was used to make automotive trailer hitches. As she inspected the receiving end of a machine that already had a trailer hitch in place, a robot designed to put a trailer hitch into place attempted to do what it was designed to do, while Wanda's head was in its way.

Despite suffering a head trauma that necessitated a closed casket funeral, her employer was only fined $7,000 as a result of the incident. The lawsuit seeks an unspecified amount of damages for the wrongful death.

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from Injured http://blogs.findlaw.com/injured/2017/03/robot-makers-sued-after-robot-kills-michigan-worker.html
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Thursday, March 9, 2017

Top 5 Tips for Suing a Prison for Injury or Abuse

Perhaps that's the point of incarceration, but jails and prisons are not nice places to be. These houses of detention, designed to keep the public safe, don't always keep the inmates safe. From overcrowding and unsafe conditions to violence and prisoner abuse, injuries happen in prison, but are these injuries treated like those on the outside? Do inmates have any legal recourse for injuries or abuse in prison?

Here are some of the biggest questions (and answers) concerning prison injuries, from our archives.

1. Wrongful Imprisonment: 2 Potential Ways to Sue

What if you're not supposed to even be in jail in the first place? Can wrongful imprisonment be an injury in and of itself? Some innocent inmates have sued -- and garnered multimillion-dollar settlements -- for overturned convictions, especially in cases of police or prosecutorial misconduct.

2. Can You Sue for Injuries in Jail or Prison?

Former inmates and those currently incarcerated do have legal options if they are injured or abused in prison. Section 1983 of the Civil Rights Act allows inmates to sue for injuries or harm caused to them in state prisons or local jails, based on violations of the prisoner's constitutional rights. Those injured in a federal prison may be able to file what's known as a Bivens action to recover for injuries.

3. Suing a Private Prison for Injury or Abuse

The only problem with the options listed above is that those kinds of lawsuits don't apply to private prisons or their employees. Therefore, inmates injured in private prisons may need to file standard tort lawsuits based on negligence or intentional torts like battery.

4. If I Get Sick in Prison, Can I Sue?

Prisons don't have the reputation of being the most hygienic places, so what happens if you just get sick? If you fall ill because of a prison-wide issue, the Civil Rights of Institutionalized Persons Act (CRIPA) provides a way for federal inmates to reports complaints directly to the Department of Justice. If you have a pre-existing condition that goes untreated or worsens because of substandard care in prison, you may need to file a standard tort action.

5. Inmate Wrongful Deaths: Suing for Neglect or Abuse in Jail or Prison

In some tragic cases, prison injuries can lead to death. And surviving spouses and family members may be able to file wrongful death claims against the persons or prison responsible.

Any time you're considering suing a jail or prison you should consult with an experienced attorney first.

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from Injured http://blogs.findlaw.com/injured/2017/03/top-5-tips-for-suing-a-prison-for-injury-or-abuse.html
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Wednesday, March 8, 2017

Severely Injured Cyclist Settles Broken Sidewalk 'Launch Ramp' Case for $4.84M

A bicyclist from San Diego will soon be receiving a little bit of justice in the form of a check for nearly $5 million. After being severely injured due to a crash caused by poorly maintained city sidewalks, the cyclist will likely require a lifetime of medical care and incur other costly expenses, which the large settlement will go a long way toward providing.

The injury cyclist was bicycling to a friend’s home when he rode over a cracked sidewalk that the lawsuit described as a “launching ramp.” The ramp sent him flying 28 feet into the air. Upon landing and skidding, the cyclist severely injured his back, spine, and even suffered a stroke.

Bicyclist Beware of San Diego Sidewalks

Although this is among the largest reported settlement agreed to by San Diego for an injured cyclist, it is not the only one. Just a few months ago, a quarter-million dollar settlement was approved for another injured cyclist who crashed due to a pothole. Before that, other five-figure settlements were approved as well.

The cases were likely the result of the fact that San Diego did not uphold their duty to repair dangerous conditions on sidewalks within a reasonable period of time. Generally, cities are required to repair dangerous conditions on public property, and if they fail to do so within a reasonable period of time, can be held liable for any injuries caused by the danger. But be advised that government claims can often be subject to shortened timelines and special rules.

Big Injuries Big Money

Although many people often balk at large settlement awards for injury victims, the truth is that large awards generally correspond with big injuries that have permanent, life altering effects. In addition to future or lifelong medical care, a person’s home may need to be retrofitted to accommodate a disability, or a person may be left unable to work in their chosen profession or any profession at all.

Often, accident victims, such as these San Diego cyclists, don’t realize that a city, or other entity, can be held liable for their injuries. If you’re injured on public or private property, particularly if it is a serious injury, you should consult with an experienced personal injury attorney to see if you have a case.

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from Injured http://blogs.findlaw.com/injured/2017/03/severely-injured-cyclist-settles-broken-sidewalk-launch-ramp-case-for-484m.html
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Can You Sue Child Protective Services for Emotional Distress?

If you've ever been visited by Child Protective Services, you know just how stressful and distressing it can feel. Even the best of parents can get frazzled when someone with the legal authority to take aware their kids is present.

Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services stemming from the agency's, or its representatives', routine actions. So, you likely won't be able to sue for emotional distress. However, when civil rights are violated, individuals can sue CPS, and these claims can be costly for cities.

When Is There a Civil Rights Violation?

When a CPS worker comes to your door to perform their job and investigate a complaint, it does not automatically create a civil rights violation, no matter how distressing the situation may be for you. In fact, if a CPS worker, in good faith, believes that there is a danger of immediate harm to your child, your child can be removed immediately without a court order. And this is still not a civil rights violation, even if they are later proven to have been mistaken, it's their belief at the time that matters most.

Unfortunately, CPS will often coerce investigation suspects into providing information or drug test via the threat of taking their children away, which again, likely does not rise to the level of a civil rights violation.

What If CPS Crosses the Line?

If CPS crosses the line into violating your civil rights, then legal relief may be available to you. This can occur when overzealous or untrained social workers investigate a case without adhering to the constitutional rights of individuals, particularly those dealing with due process and search and seizure. Under 42 USC 1983, every person has the right to be free from constitutional violations caused by government actors.

For instance, if a child is removed without there being any basis for a worker's good faith belief that the child is in immediate danger, then that could be a due process violation under section 1983. However, parents are cautioned to hire an attorney to analyze these types of claims, as a parent's emotions may prevent them from being able to see the forest through the trees (as they say). These claims are incredibly complex, specifically because they deal with a CPS worker's own subjective view of a situation.

Finally, if a parent believes that Child Protective Services acted with discriminatory animus because of the parent or child's race, national origin, gender, or other protected class, there may be other civil rights violations to sue under.

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from Injured http://blogs.findlaw.com/injured/2017/03/can-you-sue-child-protective-services-for-emotional-distress.html
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Tuesday, March 7, 2017

How Much Is a Wrongful Death Lawsuit Worth?

When a loved one dies, the furthest thing from our minds is money. But when the shock and grief wear off, and we realize the death was someone else's fault, we may consider filing a lawsuit. And part of that consideration is looking at whether the cost of filing and litigation is worth it.

While there may be some caps on how much you can be awarded in a wrongful death claim, the amount a lawsuit is worth can vary significantly, depending on the circumstances. Here are a few factors to consider when looking at how much a wrongful death claim could be worth.

Damages Calculations

The first step to understanding how much a lawsuit is worth is understanding what kind of damages can be claimed -- and awarded -- for a particular lawsuit. There are two types of damages available in wrongful death claims, pecuniary damages and punitive damages.

Pecuniary damages cover financial loss, but may not be limited to the obvious costs arising from a death, like medical and funeral expenses. You may also be compensated for a loss of support and services, such as loss of parental guidance or spousal support. Pecuniary damage calculations can depend on the age, health, work, and other life circumstances of the deceased prior to death, including the financial prospects of the deceased and needs of family left behind.

Punitive damages may be warranted if the death is due to another party's egregious harm or a willful or malicious wrong, and are considered as a form of punishment. Not all states allow punitive damages in wrongful death claims.

Damages Caps

Some states have statutory limits on how much a plaintiff can recover in any personal injury case. Known as damages caps, these can also apply to wrongful death claims, and could either limit the total amount you can recover or restrict awards for non-economic injuries only. These laws vary from state to state, and some state courts have struck down that damages cap on wrongful death awards in certain cases.

The best source of information about the value of personal injury cases will be an experienced attorney. If you're considering a wrongful death lawsuit, contact one today.

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from Injured http://blogs.findlaw.com/injured/2017/03/how-much-is-a-wrongful-death-lawsuit-worth.html
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