I wrote earlier today about a wrongful death case in Kentucky in the heat exhaustion death of a high school football player. In another wrongful death heat exhaustion case, ESPN reports that the wrongful death lawsuit filed by the widow of former Minnesota Vikings offensive tackle Korey Stringer against the NFL has been settled.
The Maryland Lawyer Blog has a post on a tragic case involving Minnesota child seat belt law.
The jury is still out in a shoulder dystocia case against the Mankato Clinic and one of its obstetricians.
Plaintiffs medical malpractice claim is premised the argument that pre-birth measurements of the fetus were suggested a exceptionally large baby and that a C-section would have been the appropriate course given the risks to large children in childbirth.
The “should have had a c-section” argument is still difficult to make based on the current medical literature. But Plaintiffs also argue that infant plaintiff’s shoulder dystocia injury could have been avoided if the OB/GYN had not pulled the baby’s head during delivery.
Related Posts:
Shoulder Dystocia Cases (background of claims and what plaintiffs’ and defendants’ lawyers often argue in shoulder dystocia cases)
Mankato Free Press Article (report on this Minnesota shoulder dystocia case)
Medical Malpractice Birth Injuries (discussion of birth injuries that are sometimes cause by medical malpractice)
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."
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.
A Jury Verdict Research study found that the median award in Minnesota in personal injury cases is an even $30,000. Minnesota personal injury plaintiffs receive an award in 67 percent of cases that go to trial.
The median compensation in Minnesota is somewhat below the national median of $38,179 and I suspect Minneapolis, St. Paul and Rochester verdicts inflate that average a bit. But because Minnesota has no fault coverage (or PIP) in car accident cases up to $40,000 ($20,000 for medical bills and $20,000 for economic loss) that is subject to the collateral source rule, Minnesota personal injury lawyers tend to few small cases in Minnesota. In other words, Minnesota law provides that personal injury awards are offset by collateral source payments (if the source of reimbursement does not have a subrogation right). So the gap between the Minnesota median verdict and the national median verdict is probably wider than the numbers reflect. Not surprisingly, the U.S. Chamber of Commerce found Minnesota juries to be the "15th best" which means the 15th worst for personal injury victims.
Interestingly, Minnesota personal injury recovery probability is 67% compared to the national average of 53%. I would think that the fewer amount of smaller claims would lead to a lower recovery probability because Minnesota personal injury lawyers bring less smaller cases which typically do not involve a liability dispute which you would think would actually lower the recovery probability. Accordingly, it is fair to infer from the data that Minnesota juries are inclined to believe Minnesota plaintiff's claims as to how/why the accident/medical malpractice/injury occurred.
Although Minnesota juries are rather conservative, the big complaint that defendants' lawyers and drug and device companies have about Minnesota is that its laws are favorable to personal injury victims. Last year, there was an ABA Journal article, Lawsuits Travel Up North: Land of Ten Thousand Lakes Is Flooded With Thousands of Out-of-State Filings, that discussed the benefits of filing products liability claims in Minnesota, including Minnesota reasonable six-year statute of limitations in products liability cases. While lawyers rarely have seriously injured clients in a car accident that come to them years after the cause of action arose, this is a far more common occurrance in products liability cases because it sometimes takes a while for people to understand the connection between the negligence and their injuries, even if that information is available under the "know or have reason to know standard."
Welcome to our blog covering injury law and policy throughout the United States.
