Archive for February, 2009

Surviving Family Members of Flight 3407 Victims Likely to Win Big Settlements

Thursday, February 26th, 2009

In the wake of the tragic Flight 3407 plane crash earlier this month in Buffalo, many families are picking up the pieces to shattered lives. Children have lost parents, newly widowed mothers are wondering how they will provide for their families, and family and friends are still trying to get over the shock of unexpectedly losing a loved one. For many of these people, the last thing on their minds is filing a lawsuit.

However, that is likely to change as more details of the plane crash surface, and as widowed spouses start to face the reality of supporting their children on one income. Typically, settlement awards in wrongful death lawsuits related to plane crashes are very high, frequently netting the victims’ family members millions of dollars in compensation for their loss. The lawsuits for Flight 3407 are likely to yield similar results.

While this money can never truly compensate people for the loss of their loved one, it can go a long way towards helping them stay financially afloat in the midst of the most catastrophic moment of their lives.

Marcia Sarkin, a Buffalo resident who lost her husband in a 2004 plane crash, received a large settlement in her wrongful death lawsuit against the airlines. Without this settlement, she would have been in serious financial trouble. Her damage award ensured that she would be able to keep her home and send her children to college.

The threat of large wrongful death settlements also forces airlines to continually improve safety standards, which ultimately benefits passengers on future flights.

If you have a wrongful death lawsuit in the West Palm Beach, Florida area, please contact the Law Offices of Ellis, Ged, & Bodden P.A. today to schedule a consultation.

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Legislation May Restore Victims' Right to Sue for Defective Medical Devices

Wednesday, February 25th, 2009

Our judicial system may be charged with the duty of defending the rights of ordinary citizens who have been injured by the negligent actions of large corporations, but unfortunately, it does not always act in accordance with this duty.

In 2008, the United States Supreme Court delivered a grossly irresponsible ruling that effectively robbed victims of defective medical devices of their ability to hold negligent device makers accountable for their actions. The ruling prevents victims from filing product liability lawsuits against device manufacturers if the defective device was approved for use by the Food and Drug Administration (FDA).

As a result of this misguided ruling, federal and state courts across the country have been dismissing valid claims against medical device manufacturers whose defective products have led to the serious injury or death of many innocent victims seeking essential medical treatment. Instead of protecting injured victims, the Supreme Court has chosen to make it easier for large corporations to flood the market with sub-standard products that endanger the lives of millions of Americans.

One of the companies standing to benefit from this ruling is Medtronic, a medical device manufacturer whose defective Sprint Fidelis defibrillator lead has led to the injury or death of many Americans. More than 235,000 Sprint Fidelis leads were installed in patients between 2004 and 2007, when Medtronic finally recalled their defective device. Many patients were receiving needless jolts of electricity to their heart, while others failed to receive a jolt when necessary. However, since this product was approved by the FDA, the Supreme Court ruling prevents victims and their families from receiving compensation for their injuries.

What is even more alarming is that the Supreme Court is currently hearing a similar case involving defective drugs. If they rule in favor of drug manufacturers, then millions of Americans suffering injuries from taking dangerous or defective drugs will lose their right to sue pharmaceutical companies for compensation.

The FDA is not perfect. Many of the drugs and medical devices they approve for use in this country have not been adequately tested, and as a result, many of these products turn out to be dangerous or defective. Furthermore, it is impossible to conclusively determine all of the side effects of many of the drugs approved for use, since the FDA lacks the time needed to conduct long-term studies on these drugs before approval. By robbing victims of their right to sue for damages, the Supreme Court has removed all accountability and essentially given these companies an ability to push sub-standard products onto the market when they will help boost profits.

Congress is currently trying to pass legislation that will nullify the Supreme Court’s 2008 ruling in an attempt to restore accountability and provide victims with the rights they deserve. Hopefully, this legislation will pass sooner than later.

It is important to consult an experienced product liability attorney if you have been injured by a defective medical device. If this new legislation passes before your case comes to trial, you will most likely be able to receive the proper compensation you deserve.

If you have a defective product claim in the Washington, D.C. area, please contact the Law Offices of Chaikin, Sherman, Cammarata, & Siegel P.C. today to schedule a consultation.

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Posted in Product Liability | No Comments »

Chemical Company Accused of Contaminating Montana Town with Asbestos

Tuesday, February 24th, 2009

Several retired executives from W.R. Grace & Co. face criminal charges for exposing residents of a Montana mining town to asbestos and failing to disclose their knowledge to workers and government agencies. If convicted, they may receive up to 15 years in jail and have to pay millions of dollars in fines.

The company’s vermiculite mine in Libby, Montana contained naturally occurring asbestos fibers. Exposure to this toxic chemical may lead to the development of mesothelioma, asbestosis, and lung cancer. Due to asbestos exposure, 200 residents of Libby have died and 2,000 others have developed a serious asbestos-related condition.

Prosecutors contend that the company had knowledge that the mine contained asbestos fibers long before any of the local residents became sick. Yet, they continued mining vermiculite in this toxic environment and even donated contaminated mine waste to local schools to use on their running tracks.

Residents of Libby currently experience a death rate from asbestosis that is 40 to 80 times higher than the rest of the country, and their lung cancer rate is also considerably higher than what would be expected in a town of that size.

It is important to consult an experienced asbestos attorney if you have suffered a serious illness from exposure to the toxic substance. When companies knowingly place people’s lives at risk by failing to safely contain asbestos, they must be held accountable for their actions.

If you have an asbestos or mesothelioma claim in the Maryland, Pennsylvania, or Delaware area, please contact the Law Offices of Peter G. Angelos, P.C. today to schedule a consultation.

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Posted in Asbestos, Mesothelioma | No Comments »

Truck Loading Accidents

Monday, February 23rd, 2009

Jobs involving the loading or unloading of heavy freight from trucks poses serious health risks. There are numerous injuries that can occur while performing your job duties. Some of the most common include:

  • A steel band severing the fingers of a worker
  • Falling bricks that crush a worker’s foot
  • A stack of lumber that unexpectedly releases, causing a serious accident

When lifting heavy objects, it is important to use proper equipment to ensure that you don’t do serious damage to your body. Many construction workers have suffered serious back injuries as a result of heavy lifting. Often, these injuries become chronic.

If you have been injured loading or unloading a truck at work, you are entitled to receive workers’ compensation benefits. However, this frequently will not provide you with adequate compensation for the serious injuries suffered in this line of work. Therefore, it is important to consult an experienced construction accident attorney to find out if you are entitled to file a third-party claim to receive additional compensation.

If your injury is caused by defective equipment, you may be able to file a product liability claim against the party responsible for the defective equipment. If your accident was caused by a dangerous work environment, you may be able to file a premises liability claim against the party responsible for maintaining a safe workplace.

Truck loading accidents may lead to life-altering injuries. Securing skilled representation will ensure that you receive the proper compensation to help you move on with your life.

If you have suffered a truck loading injury in the Mobile, Alabama area, please contact Long & Waite, Attorneys at Law today to schedule a consultation.

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Posted in Construction Accidents, Workers' Compensation | No Comments »

Fall Through Construction Accidents

Friday, February 20th, 2009

Fall through accidents are some of the most dangerous and frequenly-occurring accidents at construction work zones. Due to the frequency and severity of these injuries, it is important that site managers take the necessary precautions to ensure the safety of their workers.

The majority of fall through accidents occur when a construction worker falls through an existing opening in the floor or roof that he is working on. Many of these openings are created by stairwells, elevator shafts, or skylights. A large number of these accidents also involve falls to a lower level of the building.

According to the Bureau of Labor Statistics (BLS), 4,507 workers died from fall though accidents between 1992 and 1998. Of these fatalities, 88% resulted from a fall to a lower level of the building.

While the number of fatalities resulting from fall through construction accidents is very high, the number of serious injuries resulting from these accidents is even higher. During the same time period, the BLS reported 16,251 injuries leading to almost 260,000 days of work missed by employees. Clearly, by increasing safety measures and cutting down on fall through accidents, contactors could greatly reduce their workers’ compensation insurance premiums.

If you have suffered a construction accident in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.

Posted in Construction Accidents, Workers' Compensation | No Comments »

Phillip Morris Loses $8 Million Lawsuit

Thursday, February 19th, 2009

A Florida jury has ordered Phillip Morris to pay $8 million in a lawsuit filed by the widow of a smoker who died of lung cancer in 1997. This verdict may have far-reaching implications for more than 8,000 similar claims against tobacco companies throughout the state of Florida.

The judgment included $3 million in compensatory damages and $5 million in punitive damages. Elaine Hess, the widow who filed the lawsuit, was extremely happy with the verdict, although she claimed that the money was not very important to her. She filed the lawsuit in order to stand up to tobacco companies.

The jury found Phillip Morris guilty of knowingly selling dangerous products while failing to honestly disclose these risks. This verdict opens the door for many other people who have suffered severe smoking-related illnesses to recover money from the major tobacco companies for their dishonest practices.

While tobacco companies have traditionally won the many product liability lawsuits filed against them, this trend has recently been changing. Phillip Morris currently has an appeal pending with the United States Supreme Court over a $79.5 million judgment against them. It is likely that they will appeal the Florida verdict as well.

If you have a dangerous product claim in the West Palm Beach, Florida area, please contact the Law Offices of Craig Goldenfarb, P.A. today to schedule a consultation.

Posted in Product Liability, Tobacco | No Comments »

Teen Pulled out of Burning Car

Wednesday, February 18th, 2009

An Illinois State Trooper pulled a teenager out of a burning car minutes before the fire completely consumed the vehicle.

The auto accident occurred on I-57. The teenager lost control of the vehicle, veered off the road, and hit a tree. The Chrysler sedan caught fire immediately on impact.

Fortunately, the State Trooper arrived on the scene just as the auto accident took place. Had he not been there, the teenager most likely would have burned to death in the car. Unfortunately for the teenager, the trooper was on the scene because he had been pursuing the teenager for driving a stolen vehicle.

The boy was transported to a local hospital after being pulled from the car. When he recovers from his burn injuries, he will have to face charges for possession of a stolen vehicle.

It is important to consult an experienced auto accident attorney if you have been seriously injured in an accident caused by the negligence of someone else. You may be eligible to receive compensation for your damages.

If you have an auto accident claim in the Houston, Texas area, contact Houston auto accident attorneys Kennedy Hodges, LLP, today to schedule a consultation.

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Weight Loss Supplements Recalled

Tuesday, February 17th, 2009

There is growing evidence that many of the diet pills and weight loss supplements available for sale as over-the-counter products may be harmful to your health. The Food and Drug Administration (FDA) has already initiated an investigation into many of these products. Currently, they have identified 69 tainted products, and it is likely that hundreds of others will be added to the list in upcoming weeks.

One of the most high profile weight loss supplements on this list is called StarCaps, a product which Kathie Lee Gifford has endorsed on the “Today Show” and can be purchased without a prescription at stores such as GNC and the Vitamin Shoppe.

StarCaps is marketed as a natural dietary supplement. However, the FDA has discovered that these pills contain bumetanide, a pharmaceutical drug that can have harmful effects on your health. Recently, there has been a voluntary product recall issued for StarCaps based on the findings of the FDA investigation.

StarCaps is not the only diet supplement to contain hidden and potentially harmful drugs that are not listed in the ingredients. Unfortunately, many of these potentially harmful products are still on the market.

It is important to contact an experienced product liability lawyer if you have developed a serious condition as a result of taking one of these tainted weight loss products. You may be eligible to receive compensation for your damages.

If you have a product liability claim in the Chicago, Illinois area, please contact the Law Offices of Barry G. Doyle, P.C. today to schedule a consultation.

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Posted in Pharamaceutical Injuries, Product Liability, Side Effects | No Comments »

Octuplets Doctor Has Faced Many Malpractice Suits

Monday, February 16th, 2009

Dr. Michael Kamrava, the fertility doctor who implanted Nadya Suleman with octuplets, has been sued for medical malpractice at least 12 times. While most of these lawsuits were dismissed, this is still an alarming figure for one doctor.

In one of the lawsuits, a 19-year-old woman claimed Dr. Kamrava was guilty of negligence due to a misdiagnosis in her prenatal care. As a result, her baby was stillborn. Another lawsuit alleged that Dr. Kamrava overmedicated a patient and performed artificial insemination at an unsuitable time.

Dr. Kamrava also has one of the worst success rates of any fertility clinic in the United States. In 2006, he performed 61 fertility procedures. Only five resulted in pregnancies, and only two of those led to births. Another fertility doctor in the Beverly Hills area commented, “These are the worst numbers I’ve ever seen. This is absurdly low.”

It is important to consult an experienced medical malpractice attorney if you have been harmed by the negligence of a medical professional. You may be eligible to receive compensation for your damages.

If you have a medical malpractice claim in the Phoenix, Arizona area, please contact the Law Offices of Snyder & Wenner, P.C. today to schedule a consultation.

Posted in Medical Malpractice | No Comments »

50 Die in Tragic Plane Crash

Friday, February 13th, 2009

A Continental Airlines commuter plane crashed into a Buffalo home last night, killing all 49 people on the plane and one person in the home. The plane was arriving in Buffalo from Newark, N.J. The plane crash occurred about five miles from the Buffalo airport.

Two others in the house sustained minor injuries. They were treated at a local hospital and have already been released. Two firefighters arriving on the scene also sustained minor injuries.

The plane contained 5,000 pounds of fuel. When it crashed directly through the roof, it exploded instantly, starting a massive fire forcing the evacuation of 12 homes in the area. The flames were intense. Firefighters estimate that they were over 50 feet high. Due to the massive damage and severe fires, investigators will not be able to examine the crash scene until mid-day Friday.

Last night’s incident was the first fatal commercial plane crash in over 2 1/2 years. The last fatal crash occurred on Aug. 27, 2006. In that accident, 49 people died on a Comair jet during takeoff from a Lexington, Kentucky airport.

The loved ones of the deceased members of this Continental Airlines flight will most likely be filing a wrongful death lawsuit against the airline. When you or a loved one has been seriously injured or killed in a plane crash, it is important to consult an experienced plane crash attorney who can help you receive proper compensation for your injuries or loss.

If you have been the victim of a plane crash in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.

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Posted in Aviation Accidents, Wrongful Death | No Comments »

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