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Posted in Premises Liability on March 25, 2014
Flores v. Presbyterian Intercommunity Hospital (2013) 213 Cal.App.4th 1386, 153 Cal.Rptr.3d 413 A hospital patient who suffered injuries to her left knee and elbow when her bed rail collapsed, causing her to fall to the floor, filed suit against the hospital for general negligence and premises liability. The plaintiff contended that the action was not…
Posted in Law and Information on March 17, 2014
Luttrell v. Island Pacific Supermarkets, Inc. (2013) 215 Cal.App.4th 196, 155 Cal.Rptr.3d 273 A supermarket patron who fractured his hip when an automatic door repeatedly struck him while he was leaving the premises, brought an action for personal injuries against the owner of the market. Following a jury verdict in favor of the plaintiff, the…
Posted in Dangerous Drugs on January 30, 2014
According to a recent study published in Psychotherapy and Psychosomatics (1/22/14, “Tripartite Conflicts of Interest and High Stakes Patent Extensions in the DSM-5”, http://www.karger.com/Article/FullText/357499#abstract), panel members for the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-V) may have financial conflicts of interest (FCOI) due to financial ties with pharmaceutical companies. The…
Posted in Products Liability on January 28, 2014
Collins v. Navistar (2013) 214 Cal.App.4th 1486, 155 Cal.Rptr.3d 137 A big rig truck driver who suffered severe brain damage when a 15-year-old boy intentionally threw a 2.5 lb. chunk of concrete through his windshield from the top of a levee, filed an action against the manufacturer of the truck. Asserting various products liability theories,…
Posted in Actos® on September 26, 2013
A Maryland jury found that Takeda Pharmaceutical Co. did not properly warn Diep An, an ex-U.S. Army translator, and his doctor about the risks of its Actos® diabetes drug and ordered the company to pay more than $1.7 million in damages. The judge immediately threw out the Plaintiff’s verdict on a technicality based on Maryland…
Posted in Class Actions on July 22, 2013
Class Action Defined Lawsuits involving many people in the same case are called class action lawsuits. One party can sue acting as a representative. Once the class action is certified by the court, only those class members who opt out are excluded from the suit. Class actions allow for the vindication of the rights of…
Posted in Drug Liability on July 18, 2013
In our previous blog post, we discussed the Supreme Court decision to prevent consumers from seeking legal recourse for injuries caused by defective generic drugs under preemption laws. The decision favors manufacturers and is conceptually in conflict with the 2009 Supreme Court ruling that brand-name manufacturers may be sued for damages caused by drug defects….
Posted in Dangerous Drugs on July 17, 2013
According to the Los Angeles Times, generic drugs are the nation’s most commonly used medications. In fact, roughly 80% of prescriptions prescribed by doctors are for generic drugs. Unfortunately for consumers, if a person suffers injury as the result of a defective generic drug, he or she is barred from suing the manufacturer for damages….
Posted in Products Liability on July 17, 2013
Car accidents are the number-one cause of death for U.S. children ages one to 12, according to the National Highway Traffic Safety Administration (NHTSA). You can help protect your kids in case of a crash by making sure they are using the right car seat for their age and size, and that each seat is…
Posted in Defective Medical Devices on June 19, 2013
The U.S. Drug Watchdog is a consumer advocate for victims of defective medical devices and recalled drugs in the United States. The group considers the metal-on-metal hip replacement situation the largest medical device failure in U.S. history. Additionally, the group predicts that hundreds of thousands of metal-on-metal hip implant recipients will experience or have already…