Injured by Avandia? Get Your Share of the $6 Billion!

Avandia alleged to have dangerous side effectsGlaxoSmithKline, 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. [read more]

Toyota Recall Safety Defects Lead To Personal Injury Lawsuit

Toyota recall personal injury lawsuitsA 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]

Accutane costs N.J. man his colon—but Roche resists paying up

Accutane personal injury lawsuitsIn 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]

Did Las Vegas Hospital “Leak” Patient Records to Personal Injury Attorneys?

University Medical Center Las VegasAccording 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.

Injured Railroad Worker Loses Lawsuit, Gets Nothing

On a cold New Year’s Even in 1998, Charles Moore of Granite City, Wisconsin was trying to open a frozen mechanism on a locomotive derrick crane when tragedy struck. A railroad car that had its handbrakes removed rolled down an inclined track, crushing Moore between the crane and the railroad car. The experience was traumatic. During the ensuing trial, Moore testified that he couldn’t even remember the accident, which cost him a left leg, until a month later.

Moore’s Doctor, Christian Paletta, described in detail the permanent injuries that his patient had sustained. Damage to his colon and pelvis made the use of a prosthetic device impossible. Moore himself testified that he still felt “phantom pain” in the missing leg that often felt as if someone were stabbing him with a screwdriver.

His wife, Peggy, was also damaged by the accident in very painful ways. She “suffered a loss of consortium in that she has been deprived of her husband’s society, companionship and conjugal relationship.”

Moore’s personal injury attorney, John Kujawski of O’Fallon, attempted to prove that the railroad had provided his client with defective equipment in a state of poor repair. He recommended that the jury award Moore in excess of $3 million.

The railroad, however, maintained among other things that Moore had turned his back on a piece of rail equipment without a spotter–in other words that the injuries were Moore’s own fault.

Ultimately, the jury believed the railroad, and ruled in its favor, leaving the Moores with nothing.

Fair? We can’t say for sure. In any event, a man’s life, and his livelihood, have been shattered, and he and his wife now have nowhere to turn for the money he would need to rebuild them.

Cheerleader fell and suffered brain damage – but school’s insurance won’t pay up

When a child is seriously injured, it’s always emotionally devastating for the family. Unfortunately, it can be financially devastating, also. Yet all too often, families are left “holding the bag” in terms of out-of-control medical expenses when tight-fisted insurance companies refuse to live up to their responsibilities. Then, a lawsuit is the injured parties’ only recourse.

What happened to Patty Phommanyvong is a case in point. [read more]

Cowboys star Ron Springs joins fight for plaintiffs’ rights

The Constitution guarantees due process and a trial by jury. For years, greedy insurance companies have been seeking to shield themselves from accountability by getting legislators to place caps on the amounts juries can award in malpractice and other suits. With their deep pockets, the insurance and hospital lobbies have managed to push laws instituting such caps through state legislatures. But hundreds of plaintiffs have been fighting back, demanding that the Constitution be honored, and state legislatures take "hands off" of the power of the courts to award what they determine to be fair awards. Now, former Dallas Cowboys star Ron Springs has joined the fight. [read more]

Lawyers get sued for personal injuries, too

Normally, when we think of personal injury, we think of lawyers as our advocates (or adversaries) but rarely as defendants. But that’s what happened in Bethalto, Illinois.

Susan Grammer, a well-known family lawyer, is being sued for allegedly causing an injury by allowing an “unreasonably dangerous condition” to exist on the stairway in her home.

Kenneth Andrews, a business invitee of Grammer’s, fell on the stairway. He has filed a complaint stating that Grammer “breached her duty of care,” and that he has incurred medical expenses as well as pain and suffering. Represented by attorney William Meacham of Edwardsville, Andrews is now seeking a judgment in excess of $50K plus costs.

Bad news from Ohio: personal injury caps upheld

Dealing a blow to justice and accountability—and to injured people everywhere in their state—the Supreme Court of the State of Ohio has upheld caps on damages in personal injury lawsuits in a 5-2 decision issued Thursday.

Jury awards for pain and suffering and other non-economic damages will now be limited to $350,000 unless the injured person lost a limb or bodily organ.

Punitive damages will be limited to twice the amount of compensatory damages.

One person quoting on the story in Cleveland Metro News had this to say:

You may agree with this limit UNTIL you have personally have had to raise a child who was permanently disabled by unprofessional and reckless decisions, or shall I say UNdecisions. We are talking about a child that was not born with this disability, but who now will not know a life with the joy of sight. Would YOU trade your sight for $350,000?

Hospital bungles emergency treatment, agrees to pay several million

David Rosenbaum was attacked and beaten with a pipe in northwest Washington D.C. He was rushed to Howard University Hospital. But after arriving, he was not seen by a doctor for over 90 minutes (an hour and a half!) and did not receive a neurological examination for almost four hours. He died of a brain injury two days later.

This was back in January of 2006. It has now been reported that Rosenbaum’s family has settled with the hospital. While details are confidential, it has been reported that the settlement involved several million dollars.

… Yet another example of a grossly negligent defendant being held accountable through the only possible means—the wallet!

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