United Airlines Passenger Dragged Off Flight Lawyers Up

Dr. David Dao was one of four passengers on a United Airlines flight that was recently forced to give up his seat for UA employees. The airline claims that the flight was overbooked and it needed four passengers to give up seats for employees that needed to be at the plane's destination for work.

After Dr. Dao boarded, while in his seat, he was asked to exit the plane. When he refused, stating that he had patients to see the next day, police were called, and he was forcibly removed from his seat, and literally dragged down the plane's aisle and off the plane. The incident was captured by cell phone video by a few passengers, who posted the videos to social media.

Social Response

United Airlines has been embroiled in a public relations nightmare as a result of their corporate policies that resulted in Dr. Dao being battered and physically dragged off a flight while bleeding. The airline quickly attempted to defend their actions. However, the social media backlash seemingly caused the airline to do a 180, issuing an apology and a statement asserting that police will never be used again to remove a passenger from an overbooked flight.

Despite the public apology and claims of corrective action, Dr. Dao has retained attorneys to potentially pursue legal claims.

Legal Claims

Although the intensity of the online backlash has subsided slightly, the passenger has retained an attorney. In addition to potential claims for injury against the airline, there are potentially claims against the police department and officer for excessive force.

Furthermore, in the aftermath of the incident, many media sources started researching Dr. Dao's background. However, many media outlets failed to fact check properly, and published information about the wrong Dr. Dao (Dao is a common Vietnamese name) and claimed that the UA victim was an ex-con and dirty doctor.

As a result of these erroneously published articles, Dr. Dao may have strong claims for defamation against the media outlets that failed to check their sources. Particularly as the media outlets didn't even bother to research the two doctors' full names because they both have two middle names, which are both different.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• United Airlines Gives Lesson on How Not to Respond to an Overbooked Flight (FindLaw's Free Enterprise)
• Disabled Woman's United Airlines Suit Revived (FindLaw's Injured)
• 3 (Fill-in-the-Blank) Lessons From United Airlines' Viral Apology Letter (FindLaw's Free Enterprise)

from Injured http://blogs.findlaw.com/injured/2017/04/united-airlines-passenger-dragged-off-flight-lawyers-up.html

Stemgenex Battles FDA, Its Own Customers Over Unapproved Stem Cell Treatments

Stem-cell therapy uses undifferentiated biological cells to treat or prevent injuries and disease. The most common type of stem-cell therapy is bone marrow transplants. Like any medical treatment, stem-cell therapy doesn't always work. But that didn't stop one controversial California clinic from touting a 100 percent customer satisfaction rating, a rating some of its less than satisfied customers claim they relied upon when shelling out up to $15,000 for ineffective treatments.

But that's not the only legal problem Stemgenex is facing. As it turns out, none of its stem-cell therapies are FDA approved.

Problematic Perfection

According to the class action lawsuit filed in federal court in California, Stemgenex is guilty of false advertising under state law:

StemGenex claims that 100% of its prior consumers are satisfied with its service. StemGenex has no reasonable basis to make either of these claims. StemGenex omits material information from all marketing about the Stem Cell Treatments and the dissatisfaction and complaints of ineffectiveness from people who have purchased the treatments.

Plaintiffs in the case relied on these claims when they sought treatment at Stemgenex's La Jolla facility, looking for cures for ailments ranging from lupus to diabetes. Stemgenex allegedly continues to tout this perfect customer service rating, which may be news to the people filing the lawsuit against them.

Controversial Cures

Beyond Stemgenex's perfect customer service record, the lawsuit also questions whether the company can do the things it claims it can. "StemGenex represents that they can effectively treat degenerative diseases generally accepted by the relevant scientific community as incurable," the lawsuit alleges, claiming to be able to use the patient's own stem cells to treat Multiple Sclerosis, Parkinson's, and Alzheimer's.

Stemgenex's stem cell source is what is known as "adipose-derived," and we'll let the lawsuit explain that part:

"Adipose-derived" means from the fatty tissue of the body. StemGenex's website offers treatments based on injecting consumers with stem cells supposedly drawn and created from their own adult body fat. The Stem Cell Treatments offered at StemGenex begin with liposuction -- they take part of the consumer's belly fat and then, after minimal processing, inject the "stem cells" back into the same spot, and/or other spots on the body.

So does that work? Not according to its own clinical trials. KPBS reports that none of the Stemgenex's studies listed on the National Institutes of Health's online database have posted results proving their treatments to be effective. And the company's own website includes a disclaimer that reads, "Stem cell therapy is not FDA approved and is not a cure for any medical condition."

That may be why Stemgenex is opposing proposed FDA regulation of stem-cell therapies, according to Jeanne Loring, a stem cell scientist at the Scripps Research Institute. "They don't want to be regulated by the FDA," Loring told KPBS, "because they would have to demonstrate that their therapies actually work."

Related Resources:

• Think you have a medical malpractice claim? Get matched with a local attorney. (Consumer Injury)
• The Stem Cell Therapies Offered by This La Jolla Clinic Aren't FDA Approved, May Not Work -- and Cost $15,000 (Los Angeles Times)
• 23andMe Faces $5M Class Action Lawsuit (FindLaw's Injured)
• Can You Sue a Doctor for Lying? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/stemgenex-battles-fda-its-own-customers-over-unapproved-stem-cell-treatments.html

Homeowner Liability for Dog Bite Claims Dramatically Increased, Study Finds

National Dog Bite Prevention Week runs from April 9 to 15 this year. The focus of the awareness program is to educate dog owners and the public about dog bite prevention.

To draw attention to the week, the Insurance Information Institute, in collaboration with State Farm, released a shocking report detailing the increase in dog bite claims over the past decade. Last year alone, there were over 18,000 claims filed against homeowners due to dog bites, which is nearly 3,500 more claims than in 2006.

Increased Claims and Payouts

The report shows that since 2006, the number of dog bite claims against homeowners has gone up by nearly 20%. Additionally, the average payout on a claim has increased by over $11K during that same time period. The gross amount of all payouts increased by nearly $280 million, totaling over $600 million for 2016.

However, analysts explained that the increase in the value of the claims is not due to anything policy related, but rather is due to an increase in severe dog bites and attacks, particularly when children are injured.

Dog Bite Liability

Generally, a dog’s owner will be liable for an injury caused by their dog’s bite. Some states impose “strict liability” on animal owners, meaning that regardless of the circumstances, if a person’s animal attacks another, the animal’s owner will be liable. However, some states require that an animal have a reputation, or propensity for violence, meaning that a prior attack may be required to prove liability. In some states, certain breeds, like pit bulls, will be considered inherently to have a propensity for violence because of a breed’s storied history of being bred to be a fighting dog.

Sometimes though, a victim may be rightly to blame for an animal attack. When an individual provokes an animal to attack, the owner may not be liable. Additionally, if a trespasser sees but ignores a “Beware of Dog” sign, that could also complicate liability for an injury victim.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• How Much Is a Dog Bite Injury Lawsuit Worth? (FindLaw’s Injured)
• Animal Bites: Who Pays Damages? (FindLaw’s Learn About the Law)
• Dog Bites, Pet Attacks Can Be Costly (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/homeowner-liability-for-dog-bite-claims-dramatically-increased-study-finds.html

Lawsuit: Man Who Allegedly Shot Wife to Death by Accident Failed to Give Aid

As his story goes, former soldier and reserve deputy Dwayne Thurman was cleaning his wife Brenda's designer model Glock .380 pistol when the gun went off, firing a round into Brenda's chest. Dwayne called 911, and Brenda was declared dead shortly she arrived at the hospital.

But it's what happened in between the shooting and when emergency responders first arrived at the house that's the subject of two lawsuits filed by Brenda's children against the adoptive father. The lawsuits claim he did little, if anything, to save their mother's life.

Wrongful Death

The first of the two lawsuits claims wrongful death and related damages, both in Dwayne's handling of the gun, and his alleged lack of aid to his ailing wife. Brenda's daughter, Gabrielle, claims to have walked into the kitchen and found Dwayne on his knees holding her mother. When she asked him what happened, he simply told her, "A gun went off." The lawsuit claims it was Gabrielle who began CPR on her mother while Dwayne called 911. "After waiting several minutes for emergency responders to arrive," the suit alleges, "Gabrielle and Defendant carried Brenda Thurman to Gabrielle's car." According to the wrongful death suit, Dwayne never tried to "perform CPR on Brenda or attempt any other life-saving measures."

While the medical examiner ruled the shooting accidental, a criminal investigation remains open. No charges have been filed, and the family has lost patience with investigators, according to their attorney, Richard Wall. "All I know is they have been saying that for over a year," Wall said told the Spokesman-Review. "We would have preferred to wait until they did their investigation. But we felt at this point, it was time we needed to do something."

Wrongful Benefit

Aside from failing to come to his wife's aid, the lawsuits point to a darker side of the Thurman's marriage. Allegedly, the two had experienced marital problems for about a year prior to the incident, and autopsy records obtained by the Spokesman-Review noted that Brenda had a "premortem bruising pattern suggestive of domestic violence." And just two weeks before the shooting Brenda told Dwayne she had saved $80,000 in her Veterans Affairs retirement account. Dwayne was listed as the primary beneficiary on the account in the event of Brenda's death.

The second lawsuit was filed under Washington's "Slayer Statue," which prevent slayers and abusers from benefiting financially from the death of their victims.

Related Resources:

• Have a wrongful death claim? Get matched with a local attorney. (Consumer Injury)
• Deputy Who Claims He Accidentally Shot Wife Faces Wrongful Death Lawsuit (KREM)
• After a Tragic Shooting, Wrongful Death Suits Follow (FindLaw's Injured)
• Wrongful Death: Who Can File? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/lawsuit-man-who-allegedly-shot-wife-to-death-by-accident-failed-to-give-aid.html

Nursing Home Settles Wrongful Death Case Alleging Misuse of Psychotropic Drugs

The AARP Foundation has reported that the family of Bobby Glen Tweed has reached a settlement with the nursing home over the wrongful death action filed in Tennessee state court. Although the full terms of the settlement are confidential, the report explains that the family did secure a damages award.

The death of Bobby Glen Tweed was alleged to a result of strong psychotropic drugs that were misused on him, as they are on countless other Alzheimer’s and dementia patients. The psychotropics were allegedly used not for any medical benefit, but rather to make the 78 year old Mr. Tweed more docile or compliant.

What makes this case that much more appalling is the fact that the psychotropic drugs used here are, and were, actually linked to death in patients with dementia. Additionally, Mr. Tweed’s daughter, who held the power of attorney, was never consulted about the administration of these drugs for her father.

A Nationwide Crisis

Treating and caring for individuals with Alzheimer’s and dementia isn’t easy. Frequently, loving families come to the realization that a loved one with one of these conditions must be admitted to a nursing home, or other facility, for their own safety. However, an investigative report issued by the AARP in 2014 found that nursing homes were overusing psychotropic drugs on Alzheimer’s and dementia patients at an alarming rate, nationwide.

The AARP report explained that these drugs are often used on patients that are considered disruptive, or a danger to themselves or others. Unfortunately, due to staff shortages, and widespread inadequate care in nursing facilities, psychotropic drugs are often prescribed to make the staff’s job more convenient.

Suing a Nursing Home

Nursing homes can be held liable for negligent injuries and deaths that occur while a patient is in their facility. Similarly to hospitals, nursing homes, and the individual medical professionals, can be sued for negligence, as well as medical malpractice.

Additionally, as in Mr. Tweed’s case where there was a lack of consent, the facility and treating medical professionals can also be held liable under a theory of assault and/or battery. When a medical treatment is administered without consent, tort battery charges can be brought.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• When to Sue a Nursing Home for Bedsores (FindLaw’s Injured)
• Types of Nursing Home Abuse (FindLaw’s Injured)
• 10 Signs of Potential Nursing Home Abuse (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/nursing-home-settles-wrongful-death-case-alleging-misuse-of-psychotropic-drugs.html

5 Common Questions About Which Injuries Qualify for Workers' Compensation

Workers' compensation law is a complex area of law that blends principles of employment law and personal injury law. Workers' comp claims cover on-the-job injuries, of all sorts, for employees in nearly every industry. However, not all employees will be covered.

For an employee's injury to be covered by workers' comp, the two main requirements include:

• that the employee actually be an employee, rather than an independent contractor; and
• that the injury occurred within the scope of employment.

Additionally, because workers' comp law is a product of state law, requirements may vary from state to state. Below you'll find five of the most common questions about which injuries may qualify for workers' comp.

1. Can I Get Workers' Comp for Anxiety and Emotional Distress?

Whether or not you can get workers' comp for anxiety and emotional distress will depend largely on your state's laws. Typically though, an employee would need to show that the anxiety and emotional distress are related to the actual work, or work environment, and not caused by some other source. Additionally, these injuries can be difficult to prove because they are often not visible on the surface.

2. Can I Get Workers' Compensation for Frostbite?

Whether or not frostbite will qualify for workers' comp can sometimes be a tricky question. Generally, employees that must work outdoors in cold weather will likely qualify if the frostbite injury occurred while working.

3. Can I Get Workers' Comp for Alcoholism?

Although alcoholism is recognized, medically, as a serious addiction problem, showing that alcoholism is work related poses a big challenge for a workers' comp claim. Unless drinking alcohol is a requirement of your job, it will exceedingly difficult to qualify. But, under the right set of facts, it may be possible.

4. Can I Get Workers' Comp for Stress?

Like workers' comp claims for anxiety and emotional distress, claims that result from extreme stress are not available in every state. Also, similarly, these claims can be difficult to prove because stress may not be visible on the surface.

5. Can You Get Workers' Comp for Zika?

In theory, if an employee contracts Zika while on-the-job, they should qualify for workers' compensation. Workers' comp laws are designed to provide workers with relief for injuries sustained while working for an employer. However, a problem with a claim for Zika is proving that it was contracted while working.

Workers' compensation claims can be difficult to assess without the assistance of a workers' compensation attorney. Frequently, workers' comp attorneys will provide free consultations and services on a contingency fee (no upfront cost to you). Seeking a consultation as soon as possible after an on-the-job injury is recommended in order to maximize your receipt of benefits.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Workers' Compensation (FindLaw's Learn About the Law)
• Can Workers' Comp or Injury Settlements Be Garnished? (FindLaw's Injured)
• Can You Get Workers' Comp If You Fail a Drug Test? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/5-common-questions-about-which-injuries-qualify-for-workers-compensation.html

Suing for Injuries at Walmart and Other Big Box Stores

If you are injured by someone else’s negligence while shopping at a Walmart, or any big box store, you may be wondering what you need to do in order to recover. Depending on how the injury happened, you may be able to negotiate a settlement with a claims representative. If your claim is against Walmart itself, you’ll likely need to file a lawsuit against the store (as Walmart has a bad reputation for not settling injury claims).

What might come as a shock to many is that Walmart tops the charts when it comes to the number of lawsuits they face annually. While recent statistics are difficult to track down, at one point, the goliath faced approximately 5,000 new cases per year, or nearly 13 lawsuits every single day.

In and Around the Big Box

Big box stores like Walmart, Target, and Costco typically will have internal procedures that they will want to follow to document an injury that occurs on their premises. Usually, the internal procedures require the store management to gather information about how the injury occurred, as well as collecting witness information. If the injury is severe, sometimes a store may require a person be transported via ambulance, or be treated by paramedics on-site. While it may be helpful for your legal case to cooperate when injured, focusing on your health and safety should be your first priority.

Lawsuits from slip and fall injuries in stores are fairly common. Depending on your state’s laws, and how your injury occurred, the complexity of your case can vary drastically. Not all injuries are the result of negligence, or the fault of another. In some states, slip and fall injuries put a much higher burden of proof on the plaintiff than in others. Typical personal injury claims while shopping at a retail store will be for negligence or premises liability.

Product and Delivery Driver Liability

In addition to all the lawsuits Walmart faces for in-store injuries by customers and employees, lawsuits also occur over delivery drivers accidents and dangerous products. Most prominently, comedian Tracy Morgan was involved in a fatal bus accident caused by a Walmart truck, which resulted in a rare high value settlement from Walmart, rumored to be close to $100 million.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Disabled Woman’s Parents Sue Walmart Over Shoplifting Arrest (FindLaw’s Injured)
• Walmart Dress Caused Sexless Marriage, Lawsuit Claims (FindLaw’s Legally Weird)
• Long-Haired Woman Sues Walmart Over Shampoo-Related ‘Suffering’ (FindLaw’s Legally Weird)

from Injured http://blogs.findlaw.com/injured/2017/04/suing-for-injuries-at-walmart-and-other-big-box-stores.html