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Primary Assumption of The Risk: In-Home Caregivers

Gregory v. Cott, (Second District, January 28, 2013) — Cal.Rptr.3d —-, 13 Cal. Daily Op. Serv. 1027, 2013 Daily Journal D.A.R. 1217 An employee of a home care agency who was working as an in-home caregiver for an 85-year-old woman suffering from Alzheimer’s, was seriously injured when the woman attempted to reach for a knife…

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Issues of Product Safety: Facts of Medical Devices and Medications

In the first entry of our Product Safety blog series, the legal team at Robinson Calcagnie Robinson Shapiro Davis, Inc. discussed general issues related to defective products. While any product may potentially be defective, drugs and medical devices often pose the greatest danger. Millions of medications and medical devices are used on a daily basis….

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911 Operators: Duty of Care

Greyhound Lines, Inc. v. Department of the California Highway Patrol, (Fifth District, January 23, 2013) — Cal.Rptr.3d —-, 13 Cal. Daily Op. Serv. 1839 Six people were killed when a Greyhound bus struck a disabled SUV which had been involved in a single vehicle collision. In the resulting actions for damages, the defendant bus company…

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Jury Awards $6.5 Million in Actos® Bladder Cancer Suit

On Friday, April 26, 2013, a Los Angeles jury awarded $6.5 million to the plaintiff, finalizing the suit filed against Japanese pharmaceutical company, Takeda Pharmaceuticals, for hiding the link between Actos® and the high risk of bladder cancer. The action was brought by 79-year-old Jack Cooper, who was diagnosed with bladder cancer after taking Actos…

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Issues of Product Safety: Defective Product Basics

As a consumer, there is usually no question as to whether the product being purchased is safe. Many products are, in fact, safe, but this should not discount the dangers posed by defective products. In this three-part blog series, our legal team will discuss issues surrounding general product safety, medication and medical device defects, and…

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Senator Harkin and Representative Waxman File Brief on Preemption in Bartlett Supreme Court Decision

Senator Tom Harkin and Representative Henry A. Waxman have filed a brief of amici curiae in support of Karen L. Bartlett over the Supreme Court of the United State’s decision in the case of Mutual Pharmaceutical Company, Inc. v. Karen L. Bartlett. The brief concerns pharmaceutical regulation and federal preemption under the Food, Drug, and…

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L.A. Civil Court Budget Cuts: Changing Trial Times and Staff

In addition to proposed Los Angeles County trial location changes, pending budget cuts will, if approved, range from $56 to 85 million dollars, and negatively impact multiple other aspects of the legal system. The law firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. is against the cuts due to the limitations they will impose on…

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Sen. Mary Landrieu Examines Mensing Decision, Urges FDA to Offer Consumers Proper Protection

United States Senator Mary L. Landrieu has drawn attention to and taken a stand for consumer protection in regards to the safety of generic drugs through proper labeling and labeling changes for making side effect risks known. The American Association for Justice (AAJ) worked with Sen. Landrieu’€™s office to complete the letter, which was given…

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L.A. Civil Court Budget Cuts: Changing Court Locations

Proposed cuts to the California state budget by Governor Jerry Brown, if approved, will be taking a toll on courts throughout the state, with Los Angeles feeling major effects. While there was previously a total of $105 million in reduction, another $56 to 85 million in cuts are expected to be made. Recently, Consumer Attorneys…

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