Yesterday the United States Supreme Court delivered a catastrophic blow to plaintiffs seeking to recover damages associated with FDA approved medical devices. The 8-1 decision bars attorneys from filing lawsuits against medical device makers in cases where the device received FDA approval before being introduced into the market. Most of the more complex and more risky devices such as heart...
Not sure how often the nursing home physician is supposed to come by?What about medications - is that the job of the CNA, MedTech or Nurse?Want to know who to complain to, and how to do it?ASK FOR THE FACILITY POLICIES AND PROCEDURES. Ask for all of them, and then, remind the staff of what needs to be done according to their own policies.Policies are usually pretty good - have a whole bunch of...
Trasylol, or aprotinin, is a blood clotting drug that is used during open heart surgery. Bayer Pharmaceuticals manufactured this drug beginning in 1993. As early as January 2006, studies were released that reported an increase risk of severe adverse reactions, including kidney failure, heart attack, and stroke in patients treated with this product. One medical researcher opined that 22,000...
A young 20 year-old woman lost her life in an early this morning crash. The woman apparently had been drinking before she got behind the wheel and drove extremely fast up Semoran Blvd. She lost control of her Mitsubishi Eclipse, went through the median and struck a Hummer H2 driven by a 19 year-old boy. The impact of the Hummer on the side of her Eclipse made it flip over and end up on its...
Need a caffeine boost to get through the afternoon? If you're under the age of eighteen and live in Maine, you may soon have a tough time buying that can of Red Bull or Monster Energy. State Representative Troy Jackson has filed legislation that would make it illegal for Maine vendors to sell energy drinks containing 80 or more milligrams of caffeine per 8 fluid ounces to minors. If...
A significant trend in wage and hour law is the number of Computer and IT workers, particularly those in the service industry, who are filing lawsuits seeking to recover unpaid overtime. Many employers mistakenly regard overtime pay as a benefit available only to "blue collar" workers, and misclassify high-tech employees as exempt from the overtime pay requirements of the Fair Labor Standards...
An interesting article in the March 2008 issue of Consumer Reports helps to once again dispel an urban myth. Lawyers and frivolous lawsuits are the reason health care costs keeps rising. The article notes over 60% of surveyed adults think this is true. The same survey showed 69% specifically thought it was due to frivolous lawsuits. Well guess what, neither is true. Not even close. Yet...
Whether or not a neighbor must pay for car damage from a fallen tree branch is discussed in Toledo, Ohio personal injury attorney Dale Emch's most recent "Legal Briefs" column in the Toledo Blade. Dear Dale: A large branch from a tree in my neighbor's yard recently fell on my car in my driveway. My neighbor said he spoke to his insurance agent, who told him that he wasn't responsible for...
Check out Toledo, Ohio personal injury attorney Dale Emch's most recent "Legal Briefs" column from the Toledo Blade:Dear Dale: A large branch from a tree in my neighbor's yard recently fell on my car in my driveway. My neighbor said he spoke to his insurance agent, who told him that he wasn't responsible for covering the damage to my car. This is frustrating because my neighbor has told me in...
What do drunken lemurs and a Dilbert cartoon have in common with a rotten catfish?Perhaps employees need the right to sue employers when the bosses leave common sense out of decision making and then waste tax payer resources in an attempt to punish employees exhibiting a sense of humor. Consider the following: David Steward worked on a floating gambling barge, I mean casino. His employer was the...
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