The AP (1/14) reported, “The Florida Supreme Court says hospitals must warn patients about a state law that bars malpractice lawsuits for birth-related neurological injuries.” Patients who receive proper notification “cannot sue but receive limited no-fault compensation if something goes wrong.” But, “the justices Thursday ruled hospitals that fail to do so can then be sued even if a patient’s doctor provided a notice required by a law designed to reduce malpractice cases against obstetricians.”
On January 15, 2010, In malpractice, By admin
On January 10, 2010, In Medical Device, By admin
In an op-ed in the Huffington Post (1/5), AAJ President Anthony Tarricone wrote, “Last week, two studies were released showing how the FDA lacks stringent scientific standards to evaluate cardiovascular medical devices. This underscores the need to pass the Medical Device Safety Act (MDSA), legislation that would help…hundreds of thousands of [patients] injured by faulty medical devices to hold the manufacturers accountable for their defective products.” The MDSA “would follow the Supreme Court’s decision in Wyeth v. Levine, which held that federal law does not preempt state-law claims with regard to drug warning labels.” Tarricone focuses on the story of Avery deGroh, who was three years old when “the Medtronic lead to her implanted heart defibrillator fractured, sending nine shocks to her heart, similar to the sensation of being electrocuted nine times.”
On January 7, 2010, In Product Safety, By admin
Bloomberg News (1/7, Fisk) reports, “The top five product-defect verdicts rose 52 percent in total value last year to $620 million as juror attitudes on companies soured amid the recession and rising unemployment, according to data compiled by Bloomberg.” Plaintiffs’ attorney Tobias Millrood, “winner of a $34 million verdict against Pfizer,” said, “It’s a reflection of the fact that Main Street is hurting.” Notwithstanding “the 2009 results, both plaintiffs and defendant companies are increasingly willing to take product liability cases to trial, said John Beisner, a lawyer who defends corporations in such suits.”
On January 6, 2010, In Product Safety, By admin
The AP (1/5, Perrone) reported, “The FDA approved 26 first-of-a-kind prescription drugs last year, up slightly from 25 in 2008,” according to data from investment research group Washington Analysis. The agency also “added 31 new or updated ‘black box’ warning labels to drugs already on the market,” down from “56 boxed warnings in” 2008. The figures “suggest a moderate approach to regulation,” in spite of the administration’s efforts to strike “a tougher stance on safety” following “a string of bungled drug safety issues.” President Obama appointed FDA Commissioner Margaret Hamburg and Deputy Commissioner Joshua Sharfstein in an effort “to restore the agency’s credibility.”
On January 4, 2010, In Product Safety, By admin
The AP (12/31) reported, “An Oregon man whose 5-month-old son died last summer has filed a $5 million lawsuit against the maker of hammock-like baby beds. Jonathan Kuzma of suburban Gresham contends in the lawsuit filed Tuesday in Multnomah County Circuit Court that the bed made by Amby Baby USA of Minneapolis was defective and dangerous and led to the suffocation death of his son Matteo in August. The death of the Oregon infant and a 4-month-old in Georgia led to the Dec. 8 recall of about 24,000 Amby Baby Motion Beds.”
On January 4, 2010, In Product Safety, By admin
Central Florida News 13 (1/3, Kinsey) on its website reported, “While complaints keep pouring in about Chinese drywall, some state lawmakers want to make sure that tainted product doesn’t make it into Florida again.” State Sen. Dave Aronberg “said Florida needs to figure out ways to test as efficiently as possible.” The bill, “which will be up for debate in the spring legislative session, would require the state Department of Health and the Florida Building Commission to come up with new drywall standards.”
On December 15, 2009, In Product Safety, By admin
Drywall, which was manufactrured in China, has been linked to respiratory problems here in the US. Now, the HUD is ready to issue guidelines on federal aid for Chinese drywall remediation.
In continuing coverage, the Cape Coral (FL) Daily Breeze (12/15, Cassidy) reports, “Relief for local victims of toxic drywall could be on the way soon from the U.S. Department of Housing and Urban Development.” Sen. Bill Nelson, (D-FL) “announced Friday that HUD is close to deciding how victims of toxic drywall can receive assistance from the federal government.” In a letter to Nelson, HUD Secretary Shaun Donovan wrote, “HUD’s Office of Community Planning and Development will shortly be issuing guidance making it clear that actions to remediate drywall can be eligible for assistance under the Community Development Block Grant program.”
If you have been a victim of drywallo from China, contact a Florida Personal Injury Attorney today.
On November 8, 2009, In Trucking Accidents, By admin
A whopping 8.15% of all truck crashes were due to driver fatigue according to data gathered by the Fatality Analysis Reporting System (FARS) and the General Estimates System (GES), which is maintained, by the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA).
The National Transportation Safety Board recommendation that the Federal Motor Carrier Safety Administration create a plan to set up devices in commercial trucks that will reduce the occurrence of fatigue-related accidents. The FMCSA is currently involved in the development of a “North American Fatigue Management Program for Commercial Motor Carriers.” This project is a collaborative effort “aimed at reducing fatigue-related accidents and decreasing the personal and economic cost to drivers, companies, and worker’s compensation programs and insurance carriers.”
Have you or someone you know been involved in a Florida truck accident due to truck driver fatigue?
On November 2, 2009, In Product Safety, By admin
A case against Novartis Pharmaceuticals Corp., which has been closely monitored by product liability lawyers throughout the United States has resulted in a $3.2 million verdict to a woman who suffered debilitating jaw necrosis from Zometa, a bone strengthening drug prescribed to many cancer patients.
The Montana lawsuit was the first of about 550 cases to go to trial against Novartis Pharmaceuticals Corp. All of the claims involve similar allegations that the drug maker failed to adequately warn that Zometa side effects can cause osteonecrosis of the jaw (ONJ), a condition that causes the jawbone to decay and deteriorate.
Following a five-day trial and eight hours of deliberation, the Missoula County District Court jury handing down the verdict on Wednesday, according to a report in The Missoulian.
Peggy L. Stevens, 57, alleged that she developed Zometa jaw necrosis after receiving the drug intravenously for three years as part of a battle with lymphoma. The condition typically results in severe jaw pain, loosening of the teeth, exposed bone in the mouth and jaw infections.
Zometa (zoledronic acid) is an intravenous injection used to strengthen bones; it is part of a class of medications known as bisphosphonates. Bisphosphonates are used to reduce bone complications associated with multiple myeloma and bone metastases from solid tumors.
On October 31, 2009, In Medical Device, Product Safety, By admin
Today, the U.S. Chamber hosted their annual “Legal Reform Summit” – a day they dedicate to undermining the civil justice system and maligning trial attorneys.
In response, AAJ released a new report, entitled “They Knew and Failed To,” highlighting various instances of corporations engaging in negligent conduct, knowing about it, and failing to tell the public in order to increase profits. This compelling report focuses on multiple industries – medical devices, pharmaceuticals, consumer products, food safety and automobiles.
AAJ is on the right side of these issues and reports like this one highlight the importance of a strong civil justice system and trial attorney’s role in holding wrongdoers accountable.
The full report can be viewed here: www.justice.org/clips/TheyKnewAndFailedTo.pdf.