Accident and Injury Lawyer Blog

An Oatmeal recall is not something anyone would expect. But here we are. There is an oatmeal recall for some oatmeal products made with instant nonfat dried milk, whey protein, fruit stabilizers, and gums (thickening agents) manufactured by Plainview Milk Products Cooperative. The fear is that these recallled oatmeal products might be contaminated with salmonella.

In addition to Malt-O-Meal Hearty Traditions Maple & Brown Sugar Instant Oatmeal and other brands of instant oatmeal, other recall oatmeal products include some brands of non-fat dried milk powder, other drink mix products, and butter flavored toppings from Kroger. If you have any of these recalled products, get rid of them.

They oatmeal at issue comes in 13.8-ounce boxes with 10 instant oatmeal packets. It was distributed in stores in Alaska, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming.

Our lawyers are not handling oatmeal recall cases. Although obviously it is early, our lawyers do not think a lot of lawsuits are going to come out of this oatmeal recall.

If you have talked to a personal injury lawyer who handles a lot of car accident cases in the last six months, you will hear complaints that car accident cases are drying up. Yet, unfortunately, there is no indication we have less automobile accidents in this country. So why?

I think the main reason is that car insurance companies are getting better at reaching out to clients before they find a lawyer. Insurance companies are absolutely entitled to do this. Moreover, I think this works mostly with smaller auto accident cases. The reality – and this is something a lot of car accident lawyers don’t want prospective clients to know – is that you can often handle small auto accident cases without a lawyer.

Our car accident lawyers handling your case will increase the value of your case. In fact, the mere involvement of our law firm, given our reputation, is going to increase the value of your case. But how much? If you have a big case, it will increase the value a great deal. Our car accident lawyers have been referred cases by other lawyers that already have an offer and we have gotten more than 35 times the offer given to the original lawyer. But our accident lawyers’ ability to add value to your case is directly proportional to the size of the case. If you have a case with an ER visit and a few physical therapy sessions, our car accident lawyers will increase the value of your case. And it certainly will make your life easier because you have someone to process everything for you. But is it enough to make it worth hiring us? The answer to that varies from case to case. Our car accident lawyers used to take these kinds of cases because we thought it was a bad idea to deny anyone the right to a lawyer if they had a valid claim. Now, I’m telling at least a third of the people that call us with legitimate cases that they certainly can hire a lawyer, but they also have the option to proceed without a lawyer, and we tell them what they should do to continue bringing their car accident claim without a lawyer.

Don’t get me wrong: there are real risks in proceeding on your own without a car accident lawyer. Among other risks, you can miss deadlines to file a claim and you don’t have the experience that a car accident lawyer does to know the value of your auto accident claim. But the reality is some people are willing to assume those risks. If you are one of those people, you can click on the article titled “Handling My Own Auto Accident Claim.”

If you are going to proceed without a lawyer for your car accident, call a lawyer just to discuss your case with them.

Related Posts:

Handling Your Own Auto Accident Claim (a “how to” for those proceeding on their own)

Why Hiring a Lawyer is the Best Way to Maximize Your Recovery in Most Auto Accident Cases (explanation of the pitfalls of proceeding without a lawyer).

What is the Value of My Car Accident Case? (explanation of how value is determined in auto accident cases)

Sample Demand Letter (sample letter to the insurance company to settle an accident claim)

My two volume treatise Insurance Settlements is now available from James Publishing. The book discusses how to position a lawyer's car accident, truck accident, medical malpractice or product liability case to the best possible settlement at every step along the way (until the state's high court affirms the judgment).

Click on the James Publishing link. If you have any comments on the book, please email me at ronmiller@millerandzois.com under the subject "Insurance Settlements Comments."

In Edenshaw v. Safeway, the Alaska Supreme Court addressed, by way of certified question from the U.S. District Court of Alaska, the question of whether in a slip and fall case plaintiff must show actual or constructive knowledge of the dangerous condition.

Not much in the way of facts provided for this case. Plaintiff slipped and fell at a Carr’s store in 2003 (apparently Carr’s is owned by Safeway). Safeway’s lawyers moved for summary judgment which was denied.

The court found that the Alaska test is basic reasonableness test. Under this test, the owner’s notice of a dangerous condition was a factor to consider but not issue determinative. Accordingly, Alaska defense lawyer cannot argue in slip and fall cases that actual or constructive knowledge is required to defeat summary judgment, at least not in a tightly controlled areas like a grocery store.

Our lawyers are reviewing Byetta claims after the FDA announced this week that the diabetes drug has been linked to severe pancreatic problems in dozens of patients. On Monday, the FDA warned patients taking Byetta to discontinue use if they develop symptoms of the disorder. Further the FDA said that doctor prescribing Byetta should consider other prescription options for patients with a history of pancreas problems.

Since Byetta was introduced into the United States in 2005, more than 700,000 patients have used the Byetta.

Our lawyers are now exploring potential Byetta lawsuits. If you would like to discuss your case with a Byetta lawyer, call 800-553-8082 or click here for a free consulation/case evaluation (or even to answer any question you may have). For more information on Byetta and the concerns with Byetta, click here.

Last week, Digitek manufacturer Actavis Totowa recalled over 65 different drugs made at their New Jersey manufacturing plant. The list of recalled drugs (in some form or another) includes such generic drugs as Bellamine, Buspirone, Carisoprodol, Oxycodone Meperidine, and Rifampin. This strengthens the conclusion that the New Jersey plant that made these drugs may be the cause of irregularities in Actavis medications.

In April 2008, Actavis recalled Digitek, a drug prescribed to treat heart failure and irregular heartbeat because it was discovered that Digitek tablets appeared to have double the thickness – and likely double the active ingredient – listed on the label. When Digitek is given in abnormally high doses it can lead to digitalis toxicity which, paradoxically, worsens the problems Digitek is intended to treat, causing nausea or lower blood pressure and other side effects from the Digitek overdose that can lead to the increased risk of stroke or a heart attack.

If you would like to speak to a Digitek recall lawyer about a potential Digitek lawsuit, call 1-800-553-8000. For more information on the Digitek overdose recall or a free consultation on your potential Digitek case, click here.

Zimmer's Durom Cup hip implants are likely to be the subject of a good number of lawsuits from patients with the Zimmer implants. But they will not be the only ones. Apparently, Zimmer’s own shareholders may agree that Zimmer left its hip implant on the market way too long. Last week, shareholders of Zimmer stock filed a class action in Indiana. Interestingly, the lawsuit seeks damages for shareholders who purchased stock between January 28, 2008 and July 21, 2008. This tells our Zimmer hip implant recall lawyers that these shareholders believe that Zimmer knew or should have known and issued a recall on or before January 28, 2008.

If your Zimmer Durom hip resurfacing cup was defective, call our Zimmer hip implant lawyers at 1-800-553-8082 or click here for a free consultation.

More information on the Zimmer Hip Implant Recall
History of the Zimmer Durom Cup Hip Implant Recall
More information on the Zimmer hip implant recall lawsuits

Jury Verdict Research(r) study reports that rotator cuff injuries reached a 7-year high in 2006 with a compensatory award median of $72,667. This is almost 50% higher than previous reported settlements and verdicts in rotator cuff injury cases.

Our lawyers have never understood while the national data in these cases was so low. Washington D.C. rotator cuff injuries have averaged well over $100,000 for rotator cuff settlements and verdicts so we have never understood why the national average was as low as it has been. In any event, for whatever reason, rotator cuff verdicts are on the rise.

Our lawyers handle rotator cuff injury cases throughout the United States. Our lawyers have handled scores of rotator cuff injuries in car and truck accidents, typically in side collision or "T-bone" accidents. Our lawyers believe that insurance companies do not give fair value in most rotator cuff injury cases and our lawyers will fight to get you the financial compensation you deserve. Call a rotator cuff lawyer to protect you at 800-553-8082 or click here for a free consultation and case evaulation.

Related Posts

What Is the Value of Your Personal Injury Claim? (how the value of rotator cuff and other person injury settlements are calculated)

Sample Demand Letter (sample letter demanding settlement in a personal injury case)

Handling Your Claim Without a Lawyer (tips and pratfalls)

Lawyers representing Digitek overdose victims have filed nine lawsuits in New Jersey against Actavis Totowa LLL and its parent company Actavis Group, alleging a manufacturing defect in Digitek, namely that some Digitek tablets have contained twice the active ingredient of the drug. Digitek recall lawsuits have also been filed in West Virginia and California.

Our Digitek recall lawyers are reviewing these Digitek overdose cases in all 50 states expecting that a consolidated class action lawsuit will be appropriate (as opposed to this scatting of individual cases). If you want to discuss your case with one of our Digitek lawyers call us at 800-553-8082 for a free consultation or click here for a free Internet consultation.

The Maryland Personal Injury Lawyer Blog has a post about a new Alaska Supreme Court opinion on the discoverability and admissibility of the financial records of "professional" expert witnesses in Alaska.

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