The South Carolina Lawyer Blog has a blog post about a malpractice/product liability lawsuit involving the radiation overdoses at Cedar-Sinai Medical Center which the Maryland Medical Malpractice Lawyer Blog posted on last week.
Sometimes it makes sense tactically to file a lawsuit quickly. But it seems that the only cases that get filed in less than a few weeks are those cases that coincidentally happen to make headlines.
Median jury awards in motor vehicle tort trials dropped to $17,000 in 2005 from $41,000 in 1992. I don't know about you but this underscores to me that auto accident verdicts are not driving car insurance rates.
The picture is different in medical malpractice and product liability lawsuits. Product liability trials had median awards at least five times higher in 2005 than in 1992. Medical malpractice trials median awards more than doubled to $682,000 in 2005 from $280,000 in 1992.
I realize this data is a bit dated - 2005 - but that is how we typically get personal injury statistics... a little dated.
You can find the entire study here.
Interesting car accident case reported in South Carolina Lawyers Weekly. Plaintiff was a passenger in a car driven by his grandmother, and a hit-and-run driver T-boned them at an intersection. It was a small accident case: medical bills totaling $3,230 and lost wages totaling $4,352.
State Farm, standing by its insured as always because, you know, you are in good hands, offered $6,500. At trial, State Farm’s lawyer argued during opening statements that the jury could determine whether what the Plaintiff had already been paid was sufficient. Plaintiff’s accident lawyer objected and the trial judge sustained the objection and later instructed the jury to disregard the setoff argument in its deliberations because any setoff would be handled by the judge.
Continue reading "State Farm: Another Multiple of the Offer Verdict" »
Tough blow today for victims who have filed lawsuits pending in the Seroquel MDL in Orlando. Defendant AstraZeneca won a huge victory with a dismissal of two Seroquel lawsuits claiming its antipsychotic drug Seroquel causes diabetes and other health consequences.
This "bellwether" MDL trial was set to start February 2, 2009 in Orlando, Florida where the vast majority of the current Seroquel lawsuits are parked. Judge Anne Conway threw out the cases saying at a hearing that they "just didn't meet the standards" to go to trial. Specifically, and I think bizarrely considering the medical evidence of the link between diabetes and Seroquel, the court found the plaintiffs could not prove that the former Seroquel users diabetes was linked to Seroquel.
Update: I might have gone off a little to quickly on this story. It seems like the finding was a lack of specific causation between the plaintiffs' diabetes in this case and Seroquel. You can look at the Maryland Injury Lawyer Blog post that has a Seroquel update here.
The Baltimore Injury Lawyer Blog has a post on a Maryland Daily Record article looking at how President-Elect Barack Obama might change the 4th Circuit Court of Appeals which includes Maryland, Virginia, West Virginia, North Carolina, and South Carolina.
I've spend far more time thinking about how President Obama will change the country than his impact on lawyers or even my own clients. But President Obama is going to nominate judges that I am going to stand before and argue. While I do think President Bush has nominated a lot of good judges, this fact makes me a little happier to be a lawyer today. I'm not saying every plaintiffs' lawyer is going to have a better shot at success in front of judges nominated by Obama. I just think they are likely to be fair and reasonable judges.
Piedmont Medical Center, the hosptial of choice for many South Carolina residents living in York County, Chester County and Lancaster County settled a wrongful death medical malpractice lawsuit that was set to go to trial next month. According to Rock Hill Herald, a woman had ear surgery and went to the emergency room at Piedmont Medical Center two days laster complaining of numbness in her left leg. The lawsuit contends that a doctor failed to order a blood test that would have properly diagnosed her condition (I'm not sure exactly what the condition was). Unfortunately, the woman slipped into a coma and died. Her family broght a wrongful death medical malpractice lawsuit against the doctor, the emergency room group at the hosptial, and Piedmont. The bulk settlement, which was in excess of $1.2 million, was paid by the hosptial.
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.
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