It sounds like an urban legend, but it isn’t: a child sitting on an airplane screamed so loudly that the sound caused deafness in a woman sitting next to him. She sued the airline for failing to protect her health and safety—and won.
We’re not kidding. It actually happened in Australia. An American tourist named Jean Barnard boarded a Qantas flight from Alice Springs to Darwin. Across the aisle sat a three-year-old boy.
Before the plane took off, the boy suddenly leaned over, and screamed at the top of his lungs. [read more]
A personal injury lawsuit has been filed by plaintiff Karen Hoggarth against the US’s largest manufacturer of orthopedic devices, Zimmer, Inc. Attorney of record is personal injury lawyer Wendy R. Fleishman of Lieff Cabraser Heimann & Bernstein LLP.
According to the allegations in the lawsuit, Ms. Hoggarth has suffered extreme pain since having hip replacement surgery in 2008. She will now have to undergo surgery for a second time. The reason for the failure of the first surgery is the “Durom Cup,” a hip implant produced and marketed by Zimmer, Inc. [read more]
The "right to remain silent" is familiar to anyone who has watched a crime show on TV.
But plaintiffs in personal injury cases should also be aware that any statements they make at the scene of an accident or elsewhere can, and often will, be used against them.
So if you were in an accident, or injured, or are otherwise thinking of commencing a civil lawsuit, you should know that "silence is [usually] golden" - especially when your attorney is not present to advise you of any potential pitfalls. [read more]
Tom Girsch worked as a high school teacher for the Cedar Valley Catholic Schools. When Girsch, who was divorced, remarried without first obtaining a church annulment of his first marriage, the Archdiocese of Dubuque fired him.
The Catholic Church does not recognize civil divorces, only church annulments. Since Girsch had not obtained one, he was, in the Church’s eyes, “living in sin” with his new spouse and therefore unfit to serve as a role model for high school students.
With the help of attorney Mark Zaiger, Girsch filed a lawsuit... [read more]
In 2009, Santa Barbara resident Charles Stevens was prescribed an anti-diarrheal medicine, Lomotil. Stevens, 70, went to fill the prescription at the CVS pharmacy on upper State Street where the store’s pharmacist, Caroll Petrin, allegedly provided him with a bottle of Warfarin Sodium, a blood thinning medication. Stevens, already on a blood thinner, reportedly suffered massive bleeding and was rushed to Santa Barbara Cottage Hospital by his wife. [read more]
It was a tragic accident. Simon Loza Mejia, a truck driver, was making a routine haul from Oregon to California and back in November of 2004. Because it was the Thanksgiving weekend, he used the drive as an opportunity to visit relatives, and took his 14 year old daughter, Diana, and other family members along with him on the trip.
They stopped for a rest in the area of Mount Shasta. Then Loza Mejia climbed back into the driver’s seat. Diana, however, had not gotten back into the truck. As her father started to drive away, the girl was caught underneath the big rig’s rear wheels.
Her injuries were horrific. Evidence later presented in court indicated that she would require numerous surgeries on her lower body, and that her “private functions” would be affected for the rest of her life.
The case is of particular interest because of the parties involved. No, the girl did not sue her own father, who was heartbroken over the incident. Rather, veteran Sacramento personal injury attorney Robert A. Buccola went after the firm that had hired Loza Mejia, Freeway Transport, Inc. Buccola believed that the employer was legally responsible for any injury caused in the course of business to a third party, even if the person was related to the driver. And he turned out to be right. [read more]
GlaxoSmithKline, maker of Avandia, may face up to $6 billion (that’s $6,000,000,000.00!) in lawsuit liabilities, according to a recent analysis by UBS.
The drug has been linked with numerous side effects, including heart attack, heart failure, stroke, liver failure, bone fractures, vision loss, and in some cases, death.
If you are currently taking Avandia, you would be wise to consult your doctor regarding the appropriateness and safety of the drug for you. And if you have suffered any side effects, you may, of course, wish to consult a personal injury attorney with experience in pharmaceutical cases.
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A Virginia man, retired Army Colonel Harry Williams, has filed a lawsuit against Toyota Motor Corporation, according to Los Angeles personal injury law firm. The suit alleges that Williams suffered serious injuries because of the safety defects in his Toyota automobile. [read more]
In a recent case in New Jersey, a former user of the acne medication Accutane has been awarded over $25 million after the medication was found to cause inflammatory bowel disease. The plaintiff, 38-year-old Andrew McCarell, testified that he had begun using the medication in 1995. His worsening bowel conditions required five surgeries. Finally, his colon had to be removed.
Accutane has created an ongoing legal nightmare for its developer, Roche Holding AG. The company stopped selling the drug in June of 2009 because of the numerous complaints it received [read more]
According to FBI spokespersons, the FBI is looking into whether the University Medical Center covertly “leaked” confidential patient records to personal injury lawyers who used them as a way to acquire new clients.
“Our main concern right now is to conduct a thorough and professional investigation for the purpose of determining what actually happened,” the FBI said in a statement. “The FBI is closely working with UMC officials to determine the scope of any possible breach.”
The investigation apparently came in the wake of a Las Vegas Sun article in which it was reported that patient fact sheets including names, Social Security Numbers, addresses, and dates of birth were being given out to person injury attorneys.
