July 2, 2009

Michigan to Stop Tweeting Jurors

The Michigan Supreme Court is banning all electronic communications by jurors during trial, including the nearly essential for human life "tweets" on Twitter, text messages and Google searches. This will require Michigan judges for the first time to instruct jurors not to use any handheld device, such as iPhones or Blackberrys, while in the jury box or during deliberations.

The National Law Journal reports that In Florida, Miami-Dade Circuit Court Judge Scott Silverman in declared a mistrial in a civil case after discovering a witness -- a company executive -- was texting his boss on the stand during a side bar conference. "I never had this happen before," Judge Silverman stated. "This is completely outrageous."

I appreciate the problem. Logistically, taking away cell phones from people in 2009 is going to be a problem. A good number of jurors - usually a minority, but still - are angry about spending the time required to serve in the first place. This is not going to help matters. I'm am in the minority of injury lawyers who think that the existing rules that already incorporate all of the real concerns we have should be underscored in the instruction to the jury but that we should otherwise leave things as they are.

July 1, 2009

Plaintiffs' Seroquel Lawyers Dismiss Lawsuits in Delaware

A spokesperson from AstraZeneca tells us that plaintiffs’ lawyers have voluntarily dismissed two Seroquel lawsuits set for November trials in Delaware. AstraZeneca has a gloating statement:

With this announcement, the initial seven cases prepared for trial in federal and state courts have been thrown out by judges or abandoned by the plaintiffs’ attorneys themselves. We have said from day one that the heart of these cases are unproven claims that Seroquel caused diabetes in the individual plaintiffs. That continues to hold true as we see that plaintiffs’ lawyers have placed a huge burden on valuable court and public resources, bringing claims that they are repeatedly unable to prove.

Why did these Seroquel lawsuits get dismissed? I think plaintiffs' Seroquel lawyers know that the worst Seroquel cases are not going to make it to a jury. Clearly, AstraZeneca and this author apparently think this is the death knell for Seroquel cases. On the other hand, I don't think they will be telling shareholders to expect these cases are not going to cost AstraZeneca 10 figures. I'll still bet the Plaintiffs are going to win some of these cases and there is going to be a global settlement. But there is no question: the plaintiffs need to get these Seroquel cases to a jury.

June 29, 2009

Lead Paint Verdict is Mississippi

A Jefferson County, Mississippi jury has ordered Sherwin-Williams Co. to pay $7 million to a boy who suffered brain damage after ingesting lead-contaminated paint chips. In ruling for the plaintiff, jurors found that the Sherwin-Williams was liable for the boy’s brain injuries.

An lawyer for Sherwin-Williams said they plan to appeal the verdict. With the Mississippi Supreme Court being what it is today, plaintiff's lawyers have a ways to go.

June 29, 2009

Illinois Personal Injury Verdicts

A study by Jury Verdict Research found that the median (as opposed to average) verdict in Illinois in personal injury lawsuits that go to trial is $27,220. Plaintiffs receive damages in 51% of Illinois personal injury lawsuits cases that go to trial. Putting these numbers in context, they are in the neighborhood of the rest of the country; the nationwide median personal injury verdict is $34,550, and the nationwide plaintiff recovery probability in personal injury lawsuits is 52%. The most common injuries were back and neck strains (20%), spinal nerve injuries (11%) and head injuries (10%).

June 26, 2009

Joe Jurevicius' Lawsuit Against the Cleveland Browns

Former Cleveland Browns wide receiver Joe Jurevicius has filed a medical malpractice lawsuit against the Cleveland Browns and the Cleveland Clinic. Joe Jurvevicius' claim is that he contracted staph following arthroscopic surgery at the Cleveland Clinic in January 2008. His Complaint accuses his doctors, including the team doctors, of medical malpractice of negligence over a staph infection in Jurveicius' right knee.

I've been down this road with an NFL player in a case I handled against the New England Patriots. He is the motion I filed in that case to defeat the team's claim that there is no jurisdiction. But that Browns' lawyer will make the argument that unless Jurevicius' lawyer put the Browns on notice very early in the game (90 days, I believe), he has has waived his right to bring a claim against the team based on the NFL Collective Bargaining Agreement. It seems silly to break off the malpractice case into two separate cases: one against the team and one against the doctors. But at least one court that I have seen, Sherwin v. Indianapolis Colts, 752 F. Supp. 1172 (N.Y.D.C 1990), seems to think that this is the required approach under the NFL CBA. (My case gave the court an easy out: the Patriots waited 2 years to file their motion which the court relied upon to find that the Patriots and their team doctor waived their right to assert that arbitration was still a remedy.)

You cannot understate the harm caused by staph infections: CDC estimates infections - many of which are staph infections - kill 90,000 people annually. Infections result in an estimated 205,000 additional hospital days for infected patients and a whooping $2 billion in medical costs.

Still, while staph infection lawsuits are on the rise, they are tough claims. Jurevicius' lawsuit contends the training room could have been cleaner. Okay. But that is far leap from a causation link to his staph infection.

June 24, 2009

Large Verdict in Truck Accident Case in Palm Beach County

A Broward County, Florida jury on Tuesday awarded $14.6 million to a truck driver paralyzed in a 2007 accident that occurred in Palm Beach County. According to a truck accident lawyer for the plaintiff, the lawsuit was an uninsured motorist claim to National Casualty. The truck accident occurred when the driver swerved to avoid another driver who ran a stop sign. The injuries are extremely serious: the Plaintiff lost use of his arms and legs as a result of the accident and requires ongoing rehabilitation.

June 24, 2009

Average Personal Injury Verdict in Florida: Settlements and Jury Awards in Florida

The average personal injury verdict in Florida is $1,819,751, according to Jury Verdict Research, a company that tracks jury verdicts. Personal injury plaintiff win at trial in Florida personal injury cases approximately 61 percent of cases that go to trial.

Florida’s threshold requiring a more serious injury in auto accident case is one reason why the average jury verdict in Florida much higher than the national average. These Florida jury statistic verdicts also underscore that large case inflate average jury verdicts and settlements. The median – as opposed to the average – money damages in Florida personal injury trials in Florida is $122,674.

If you have been injured in a serious car accident (our lawyers only handle serious car accident claims), call our auto accident lawyers at 800-553-8082 or click here for free no obligation consultation.

June 24, 2009

Back Injury Settlements in Florida in Workers' Compensation Cases

Dated but still interesting data on Florida workers compensation cases: the average back injury settlement in 1990 was $ 38,000 with medical care continuing (called "keeping your case open"). In 2002, the average back injury settlement is $ 9,800 with no continuing opportunity for further medical care.

Related Posts

  • Average Back Injury Settlements
  • (what can you expect as compensation for a back injury from a car accident)

  • Average Value of Florida Personal Injury Cases/li> statistics on Florida jury verdicts)

  • How Your Accident Case is Valued (information on how values of personal injury cases are decided by judges, juries and insurance companies for the purpose of settlement
  • June 23, 2009

    Reglan Lawsuit: Information from Lawyer Reviewing Reglan Cases

    Our Reglan lawyers are reviewing potential Reglan lawsuits for those with who have tardive dyskinesia as the result of the use of Reglan. Reglan is a pharmaceutical drug used to combat heartburn and slow gastric emptying in diabetes patients. Plaintiffs' Reglan lawyers are investigating injuries including tardive dyskinesia (also known as TD), a neurological disorder with symptoms including repeated involuntary movements.

    Below is a question and answer for potential Reglan plaintiffs:

    What is Reglan?

    Reglan is a "prokinetic" drug that helps control gastroesophageal reflux disease by blocking dopamine receptors in the brain and throughout the body. It enhances movement or contractions of the esophagus, stomach, and intestines. Dopamine is a chemical in the brain that sends signals between nerves. Doctors and pharmaceutical companies have been experimenting with dopamine in psychotropic drugs for years with mixed results.

    What Are the Reglan Lawsuits About?

    Certainly, it is well known that Reglan causes side effects. Most commonly it can cause a feeling of "strangeness" or difficulty concentrating. This is a typically reversible condition. Our Reglan injury lawyers are investigating Reglan’s connection to tardive dyskinesia, in which the tongue or face moves involuntarily. Afflicted patients may experience many uncontrolled and involuntary movements, including:

    · Grimacing

    · Protrusion of the tongue

    · Lip smacking

    · Rapid eye blinking

    · Swaying of the hip and upper body

    · Movement of the extremities

    Regrettably, these side effect of tardive dyskinesia can be permanent. There is currently no treatment for tardive dyskinesia caused by Reglan. In some cases, the symptoms may lessen or stop once the Reglan use is discontinued. The gist of the Reglan lawsuits is that the risks of tardive dyskinesia were minimized in the Reglan label and other literature put out by the manufacturer. Reglan patients were not give all of the information about the possible risks associated with Reglan.

    Why Does Dopamine Cause Tardive Dyskinesia?

    No one knows for sure why dopamine causes tardive dyskinesia. But the conventional wisdom is that by blocking dopamine receptors, Reglan can affect the extrapyramidal system the controls the signals between nerves. The inability of dopamine to produce its normal effects apparently causes tardive dyskinesia and its associated side effects because the extrapyramidal system needs dopamine to function.

    Should Reglan Be Recalled?

    Our lawyers believe that Reglan should have had a more meaningful label with respect to tardive dykinesia and involuntary movements. The FDA agreed earlier this year and now requires a black box warning for Reglan.

    Moreover, the manufacturers of Reglan and other generic metoclopramide-containing drugs should stop pushing it for mild heartburn. Heartburn is seldom (if ever) severe enough to risk the permanent injuries associated with tardive dyskinesia. Plaintiffs’ Reglan lawyers certainly believe that the label minimized that risk for patients by implying that there was minimal danger in developing tardive dykinesia from Reglan. Specifically, the original Reglan label said it “may produce extrapyramidal reactions, although these are comparatively rare.” Other sections of the label likewise indicated that tardive dyskinesia is a low risk. Here, Plaintiffs’ Reglan lawyers and the FDA agree. The FDA now requires makers of Reglan to place a black box warning on their label, the most stringent act the FDA can take in requiring a warning.

    What About Patients with Gastroparesis?

    I don't know. The Gastroparesis issue is more complicated. Ordinarily, the stomach churns food and slowly delivers digested food into the patients’ intestinal tract. In people with Gastroparesis, the stomach does not work normally and food eaten will remain in the stomach sometimes for hours, distending it and causing severe symptoms for some sufferers. Patients with severe Gastroparesis can have serious health consequences that are difficult to live with. If there was a complete Reglan recall, these patients would not have many options because the only oral drug currently approved by the FDA for Gastroparesis is Reglan (or generic metoclopramide). It is only slightly effective for many patients, but for some patients it is very effective. So, in severe cases, Reglan may be the best solution, providing patients are adequately warned about the side effects.

    What Did Wyeth Know About Reglan?

    In 1992, an article was published by Dr. Ronald B. Stewart on the use of Reglan by 4,515 elderly patients at the Florida Geriatric Research Program. Of the patients who reported using metoclopramide, 32% had used it for more than one year. Plaintiffs’ experts have testified in these cases that Wyeth has estimated extended use of Reglan to be over 80%. This led Dr. Steward to conclude that long-term treatment with Reglan is "quite common" and that other prescription drugs were effective and safer for treating GERD:

    The routine use of metoclopramide (Reglan) for gastroesophageal reflux should be questioned in light of the availability of safer, more effective drugs such as histamine-receptor blocking agents cimetidine and ranitidine, and omeprazole. The long-term efficacy and symptomatic benefit of metoclopramide have not been documented.

    The point is that Wyeth apparently knew that Reglan patient were using the drug longer than the 12 weeks that is indicated, and that tardive dyskensia occurrs more often than “rarely,” as Wyeth wants us to believe.

    Do I Have A Reglan Claim? 

    If you or a loved one has used Reglan or generic metoclopramide and now suffer from tardive dyskinesia or other neurological and movement disorders, call a Reglan lawyer at 800-553-8082 or click here for a free no obligation consultation on your potential Reglan lawsuit.

    Related Links

  • Reglan Lawsuit (overview of Reglan litigation)
  • Reglan New Black Box Warning (how the FDA responded to the concern about Reglan)
  • June 23, 2009

    Autism Treatments Covered by Insurance

    In what plaintiffs' lawyers are calling a landmark autism case, Blue Cross Blue Shield of Michigan has agreed to reimburse at least 100 families for costs involving treatments for their autistic children. The $1 million class action settlement from Blue Cross Blue Shield of Michigan comes amid a legislative wave in which a growing number of a states are passing laws that require insurance companies to pay for autism treatments and screenings.

    June 22, 2009

    How Much for an Ankle Injury? Verdicts and Settlements

    Metro Verdicts Monthly provides the following data to give the median (not average) settlement and verdicts for ankle fracture injuries:

    District of Columbia: $66,000

    Virginia: $21,700

    Maryland: $88,000

    My comment? People rarely have minor ankle injuries in car accidents in my experience. So I think a lot of slip and fall ankle injuries are included in here which lowers the value from pure auto accident ankle injury claims (or malpractice claims which are more rare for ankle injuries). I don't think we have ever had an ankle injury case settled for less than $150,000 and I can think of one that settled for over a $1,000,000 (although that case had other complicated injuries so it is hard to sort out where the value was in the case).

    For more analysis of this data and more data on ankle injuries verdicts nationally, check out this Maryland Injury Lawyer Blog post.

    Related Posts

    Valuing Injury Cases in Maryland (value of accidents in Maryland)

    Valuing Cases in Virginia (general info on Virginia injury case results)

    Valuing Cases in Washington D.C. (general infomation on Washington D.C. personal injury case results)

    June 22, 2009

    Hydroxycutt Class Action Lawsuit

    A Hydroxycutt class action lawsuit has been filed against Iovate Health Sciences, the makers of weight loss dietary supplement Hydroxycutt, in federal court in California. The plaintiffs' Hydroxycutt lawyers allege, among other things, that the manufacturer misrepresented the product as safe and effective in its advertisements.