THE INJURY LAWYER DIRECTORY BLOG

On Tuesday, a federal judge delivered the second ruling in a series of defective Chinese drywall lawsuits which are currently underway. U.S. District Court Judge Eldon E. Fallon, who is overseeing all of the federal Chinese drywall lawsuits, awarded a Louisiana family $164,000 plus attorneys’ fees and court costs. This figure includes $5,400 designated to compensate the family for damaged personal belongings as well as $20,000 to pay for a place to live while their house is being fixed.

The primary point being contested during the weeklong trial was the extent of repairs that would be necessary to rectify all damage caused by the defective drywall. The family’s lawyer argued it would cost approximately $200,000 to fully fix all damage, while the drywall manufacturer’s attorneys claimed that many household components, including wiring, plumbing, and air-conditioning could remain intact, reducing repair costs to about $58,000.

Judge Fallon ruled in favor of the family, ordering the entire house to be gutted down to the studs and all drywall replaced. In addition, the drywall manufacturer must replace:

• Ductwork
• Electrical system
• All copper and silver components
• Heating-and-cooling system
• Damaged appliances and consumer electronics

The ruling in this case is fairly consistent with Judge Fallon’s previous Chinese drywall ruling earlier this month, in which he awarded $2.6 million to seven Virginia homeowners. In both cases, Judge Fallon has ordered extensive repairs, establishing a precedent for remediation expectations in future defective product lawsuits.

The awarding of attorneys’ fees was also significant, since it prevents injured homeowners from having to use funds designated for repairs to compensate their attorneys.

There are still many hurdles to overcome before the Louisiana family will receive their settlement. The Chinese drywall company plans to appeal the ruling. Furthermore, they have implied that the fact that they participated in the trial does not necessarily obligate them to pay the damages. In the first defective Chinese drywall claim, the company charged in the suit never even presented a defense, and they have been resistant to paying the $2.6 million they were held liable for.

Currently, the Consumer Product Safety Commission has received more than 3,000 reports of homes across the United States which have been contaminated by defective Chinese drywall. However, experts estimate that this figure is much lower than the actual total.

If your home has sustained damage caused by Chinese drywall, an experienced defective product lawyer can help you receive the compensation you need to properly repair your house.

If you have a defective Chinese drywall case in the Norfolk, Newport News, or Roanoke, Virginia areas, please contact the defective product lawyers at Kalfus & Nachman today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

On Monday, a federal appeals court ruled that a gender discrimination lawsuit against Wal-Mart can move forward as a class action case. The court was bitterly divided over the issue, and the plaintiffs won the appeal by a narrow 6-5 margin. With more than one million women listed as plaintiffs, this will become the largest employment discrimination class action lawsuit in the history of our legal system.

The class action lawsuit was originally filed in 2001 and has been mired in appeals ever since. Monday’s decision now sets a course for an eventual trial. If successful, the plaintiff class of more than a million women may recover billions of dollars in damages from Wal-Mart.

The class action lawsuit charges Wal-Mart with systematically paying women lower wages than men, offering them smaller raises and fewer opportunities for upward mobility within the company. According to the plaintiff class, only 33% of Wal-Mart’s managers were women while 65% of their hourly employees are female.

Wal-Mart plans to appeal the ruling to the United States Supreme Court. They argued that this case lacks merit as a class action suit. Rather, allegations of discrimination should only reflect those few women who initially came forward as claiming to have experienced such unfair workplace practices.

The large size of the plaintiff class deterred several judges from voting to approve the lawsuit. However, a narrow majority of judges felt it would not pose an unwieldy obstacle to justice being served. As part of the ruling, women who worked at Wal-Mart at the time the lawsuit was filed but no longer work there may be removed from the lawsuit. This would substantially reduce the size of the plaintiff class.

If you have an employment discrimination claim in the Denver, Colorado area, please contact the lawyers at Burg, Simpson, Eldredge, Hersh & Jardine, P.C. today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Heather Locklear, the former star of TV shows such as Dynasty, Melrose Place, and Spin City, was allegedly involved in a hit-and-run auto accident last weekend, hitting a street sign near her home in Los Angeles. Locklear fled the scene without reporting the auto accident to the police.

Video footage from a security camera at the golf club community where the accident took place show’s Locklear’s car driving by near the time of the auto accident. While the vehicle was not caught on video crashing into the street sign, debris near the accident scene has made it clear that her car was in fact involved in the auto accident.

The 48-year-old actress has been charged with a misdemeanor hit-and-run, although according to her lawyer, it is uncertain whether Locklear was actually driving the car at the time of the crash. She must appear in court on May 17.

Two years ago, Locklear was involved in another driving incident resulting in criminal charges being filed. She was charged with a DUI which was eventually dropped when she agreed to plead guilty to reckless driving.

If you have suffered a serious injury from the negligent actions of another driver, an experienced auto accident lawyer can help you receive the compensation you deserve.

If you have an auto accident claim in the Norfolk, Newport News, or Roanoke, Virginia areas, please contact the experienced attorneys at Kalfus & Nachman today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Yaz and Yasmin are two of the most popular contraceptives on the market. They use a synthetic progestin called drospirenone which was originally believed to be safer than other types of progestin. However, several studies indicate that this may not be entirely true.

Last year, the FDA issued a warning to Bayer HealthCare, the pharmaceutical company that creates Yaz and Yasmin, claiming the company’s advertising incorrectly depicts the drugs’ effectiveness in treating PMDD (premenstrual dysphoric disorder) and acne, while failing to accurately highlight the risks associated with the drug, including an increased risk of:

• Deep vein thrombosis (blood clots in the deep veins)
• Stroke
• Heart attack
• Gallbladder disease

Currently, Bayer faces more than 1,100 defective drug lawsuits related to safety issues surrounding Yaz and Yasmin. The pharmaceutical company has vigorously defended the safety of these products.

Unfortunately, research regarding the safety of Yaz and Yasmin has been inconclusive. Studies have presented conflicting opinions, making it difficult for women to accurately assess their safety risk. Some studies have indicated Yaz and Yasmin do not pose any greater risk to women’s health than other birth control methods, while other studies claim a substantial increase in risk.

Other studies are currently being conducted, but for now women should consult their doctors about these risks before choosing to use Yaz or Yasmin. It is also a good idea to evaluate several other alternatives to determine if they might be better options.

If you have suffered an injury from taking Yaz or Yasmin, an experienced defective drug lawyer can help you receive the compensation you deserve.

To receive assistance with a Yaz or Yasmin claim, please contact the defective drug lawyers at Schlichter, Bogard & Denton today to schedule your free initial consultation. Schlichter, Bogard Denton serves clients nationwide.

Written by Andrew Martin: professional blogger and guru of misfortune.

Last month, a report was released evaluating articles reviewing the Type 2 diabetes drug Avandia. The report found considerable evidence that experts paid by Avandia’s manufacturer, GlaxoSmithKline, were much more likely to arrive at a favorable conclusion regarding the drug’s safety and effectiveness.

Hundreds of studies of Avandia have been published since 2007, providing a wide spectrum of opinions regarding the safety of the drug. Many studies have found that Avandia, which is prescribed to control blood glucose levels in Type 2 diabetes patients, significantly increases your risk of heart attack. The evidence was strong enough to compel the FDA to place a “black box” warning on the drug’s label, the strongest warning possible. In fact, a report released last February indicates the FDA was strongly considering recommending Avandia’s removal from the market.

However, there have also been many studies providing vastly different evidence, extolling Avandia as completely safe, and recommending its continued usage.

In an attempt to reconcile these conflicting views of Avandia, the current analysis evaluated the link between the authors’ financial interests and their opinions of the drug. Researchers reviewed 202 articles by 180 authors discussing the association between Avandia and an increased risk of heart attack. Each article was reviewed by individuals having no prior relationship with GlaxoSmithKline to eliminate any potential conflict of interest. The favorability rating for each article was based on the authors’ assertions regarding Avandia’s link to heart attacks as well as their recommendations for its future use.

The analysis found that 87% of authors giving Avandia a favorable review had conflicts of interest with GlaxoSmithKline; they received payments either directly from the drug manufacturer or from a competitor promoting a similar drug. Of the authors providing a negative review of Avandia, only 20% had been paid by Glaxo.

It is uncertain how this information will impact many of the pending defective drug lawsuits against Avandia. However, it does provide compelling evidence that GlaxoSmithKline places profits over the safety of consumers. If you have suffered a heart attack or other serious injury due to taking Avandia, an experienced defective drug lawyer can help you receive the compensation you deserve.

If you have an Avandia claim in the Baltimore, Maryland area, please contact the defective drug attorneys at The Yost Legal Group today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Several weeks ago, Toyota submitted documents to the National Highway Traffic Safety Administration indicating that they knew about the problems related to sudden unintended acceleration in their vehicles as early as 2006, yet recalls for 8 million defective autos were not initiated for another 3 ½ years, until September 2009.

On February 7, 2006, Toyota received a report about a 2005 Prius regarding defective floor mats which caused the accelerator pedal to get lodged underneath the mat, leading to sudden unintended acceleration. The auto manufacturer learned of the defects causing accelerator pedals to stick several months later.

Toyota claims it did not act on these initial reports because the problem was not reproduced and no other reports were filed. Due to their slow response time and the fact that they knowingly hid a serious defect, the U.S. Transportation Department has fined Toyota $16.4 million.

If you have suffered a serious injury in an auto accident caused by sudden unintended acceleration in a defective Toyota, an experienced defective auto lawyer can help you receive the compensation you deserve.

To receive help with defective auto claim in the Los Angeles, California area, please contact the defective auto lawyers at Jacoby & Meyers today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

The FDA has started to crack down on spas administering fat-melting injections. While many spas are marketing these injections, also called lipodissolve injections, as a minimally-invasive alternative to liposuction, the FDA claims they have not been proven safe or effective.

Lipodissolve injections are used to dissolve unwanted fat near the legs, arms, and belly. However, the FDA has not approved fat-melting injections for this use, and they have begun citing spas administering these treatments.

In a letter to several spas across the country, the FDA has warned these spas that they are in violation of law by promoting false and misleading statements regarding the safety and effectiveness of a product whose clinical data does not support these claims. The cited spas must stop making these claims, and they have 15 working days to inform the FDA of the steps that have been taken to rectify these violations.

The FDA has received reports of patients who have suffered permanent scarring, hard lumps, and dark spots on their skin as a result of lipodissolve injections. If you have suffered an injury from your lipodissolve treatment, you may be entitled to receive compensation in a product liability lawsuit. An experienced defective product lawyer can help determine if you have a valid claim.

If you have a product liability claim in the Denver, Colorado, please contact the defective product lawyers at Burg, Simpson, Eldredge, Hersh & Jardine, P.C. today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

The family of Christian Arroyo was awarded $29.1 million in a medical malpractice lawsuit against the federal government. The verdict will address the damages suffered by Christian due to severe birth injuries.

Christian suffered serious brain damage during birth in 2003. As a result, he now has cerebral palsy and is a quadriplegic. The brain injuries were suffered at Northwestern Memorial Hospital in Chicago.

The medical malpractice lawsuit was brought against the federal government because the negligent doctors worked for a federally funded clinic. These claims are governed by the Federal Tort Claims Act, which allows personal injury victims to sue the federal government. These cases must be held as a bench trial without a jury.

When medical errors result in a birth injury to your child, you may be entitled to receive compensation for your child’s injuries. An experienced medical malpractice lawyer can help you receive damages to cover your child’s increased medical expenses, long term care, and pain and suffering.

If you have a birth injury claim in the Columbus, Ohio area, please contact medical malpractice lawyer Robert W. Kerpsack today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.