RESOURCES AND NEWS ITEMS

Woman Deafened by Screaming Child, Wins Lawsuit

Screaming Child Causes Deafness, LawsuitIt 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]

Lawsuit Filed Against Zimmer, Inc. Because of Durom Cup Failure

Zimmer Durom Cup Failure LawsuitA 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]

Beware “Out of Court” Statements

Beware out of court statements!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]

“Emotional Damage” Award To Be Reviewed By Judge

Tom Girsch Scored Big in His LawsuitTom 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]

CVS Sued For Alleged Wrong Dosage Causing Injury

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]

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