July 18, 2010

Sandpoint Lawyer Wins Legal Malpractice Trial

The Idaho Court of Appeals affirming the dismissal of a legal malpractice case against a Sandpoint attorney who bought the cause of action against him through bankruptcy proceedings.

The case was a complete mess. The client went bankrupt, the trustee continued to pursue the case. The underlying case did not sound too impressive: the lawyer was accused of failing to properly prepare a counterclaim and properly plead fraud or request punitive damages.

August 18, 2009

Truck Accident Lawsuit in Idaho

The family of man killed in an Idaho trucking accident while making a delivery to a dairy has sued 4-Bros Dairy, alleging negligence. The man was delivering apples to the dairy last year when a 40 foot pile of decomposing livestock feed fell on his truck as he was parking it next to the pile. . 4-Bros Dairy has already paid a $1,700 Occupational Safety and Health Administration fine over the incident.

Some of worst truck accident cases our lawyer have handled involve accidents to truck drivers who are injured not in a moving vehicle but tangentially to their operation of a truck.

You can find an article on the case here.

July 8, 2009

Oatmeal Recall

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.

  • Drug Recall Lawyer Blog (discussion of issues related to various recalls and drugs and medical devices under suspicion)
  • More details on the Oatmeal Recall

  • August 27, 2008

    James Publishing: Insurance Settlements

    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."

    August 20, 2008

    Byetta Lawyer: Potential Lawsuits and Settlements involving Byetta

    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.

    August 20, 2008

    Idaho Law Schools: Competition is Good

    The University of Idaho wants to open a law school in Boise before Concordia University does. The dean of the law school, Donald L. Burnett Jr., is telling the Idaho Board of Education that the University of Idaho Law School cannot remain competitive if it stays exclusively at the Moscow campus in northern Idaho.

    The Chinese are right about this free market economy stuff. Certainly, law students in Idaho would find it convenient to have an option in Boise. Competition is seeing to it that it does.

    August 13, 2008

    Digitek Manufacturer Recalls More Drugs

    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.

    August 12, 2008

    Zimmer Durom Cup Hip Implant Lawsuits

    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

    August 11, 2008

    Rotator Cuff Injury Lawyers

    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)

    July 14, 2008

    Digitek Lawsuits

    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.


    April 18, 2008

    Idaho Personal Injury Jury Verdicts

    Aided by what I think is the second highest personal injury jury award in Idaho history (there was a $30 million dollar malpractice award in 1999) the average personal injury award in Idaho was $429,119, according to Jury Verdict Research that complied data from 2000-2006. Before Idaho personal injury lawyers and their clients overestimated the real value of injury cases in Idaho, this number deflates dramatically when using the median instead of the average personal injury verdict. The median verdict is $17,000. Idaho personal injury plaintiffs obtained a recovery in 56% of the cases that went to trial during this same time period.

    December 21, 2007

    Welcome to Our Blog

    Welcome to our blog covering injury law and policy throughout the United States.