In the past several years, many articles have been written about the overwhelming failure of medical professionals to admit errors made in the course of their practice. Many people blame trial lawyers for this phenomenon. The assumption that underlies this position is that doctors would be forthright about their mistakes if they weren't faced with the specter of being sued. I can think of at...
Most people realize that their own automobile insurance policies protect them if they are injured through the negligence of an uninsured or underinsured driver. What they may not realize is that these same type of benefits may be available to them if they are injured while in their employer's vehicle. Recently, we have handled a couple of cases for people who were operating vehicles owned by...
Davol, Inc. a Rhode Island based manufacturer of the Composix Kugel Mesh Patch, a medical device that is used in hernia repair surgeries, is being sued by Motley Rice with co-counsel Wexler Toriseva Wallace LLP. The suit was filed in Rhode Island Superior Court on behalf of plaintiff Jimmy Warren of St. Charles County. Warren, who's inserted Kugel Mesh Patch failed to work following a product...
I just got a call from my partner who is on trial over in the federal district court. The lawyers for the insurance company are making all kinds of noise about medicaid paying the medical bills and they shouldn't have to, etc. He asked me to write up some closing comments he might share with the jury on this issue. And I thought I might share some of those comments with you. If you are covered...
New Hampshire teen killed in car crash was not wearing seatbelt. It is especially important that young drivers and their passengers take all proper safety precautions. Last Sunday morning a high schoool student from Claremont, New Hampshire was killed in a car crash. Police say 17-year-old Aaron Branch was pronounced dead at the scene. The car he was riding in, driven by 17-year-old Eric Simino,...
A business cannot be sued in a slip-and-fall case unless the injured patron is able to prove that the store employees were aware or should have known about the condition, ruled the Arizona Court of Appeals.The judges threw out a claim by David Contreras Sr., an employee of a liquor distributing company.In 2005, Contreras sued after he said he slimed on a slimy blue substance while on delivery to...
Summit Import Corp., in conjunction with the FDA, is recalling all its packages of Sum Cheong Lung brand Dried Fish because it was discovered that the fish was not eviscerated before processing. New York State Dept. of Agriculture and Markets Food Inspectors during a routine inspection and subsequent analysis of the product by Food Laboratory personnel confirming that the fish had not been...
Two years ago, under pressure from the medical and insurance industries and despite efforts by consumer groups, the New Hampshire legislature passed a law requiring all medical malpractice claims to be screened by an allegedly "neutral panel" before the claim could be heard in court. The insurance and medical groups argued that it would provide an efficient, time and cost saving method of...
A woman has filed suit against owners of a parking lot where she slipped and fell on a pile of ice and snow. On January 18, Connie Taylor, filed a lawsuit against Jim Smith and O.V. Smith and Sons. According to the suit, Taylor slipped and fell on the ice in the parking lot owned by O.V. Smith and Sons.The lawsuit states Taylor sustained injuries of a sacrum/coccygeal fracture, right wrist...
Hydrox Labs, in conjunction with the FDA, is recalling Cardinal Health alcohol-free mouthwash because it has been tested positive for Burkholderia cepacia (B. cepacia). The CDC has confirmed one...
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