Lawsuit News Alerts

Skechers Class Action Lawsuit

Skechers Lawsuit

An Ohio woman has filed a product liability lawsuit at a Kentucky district court against American shoemaker Skechers holding its Shape-Ups shoes responsible for her orbital fracture. The victim fell down while walking at a parking lot after the shoes she was wearing slipped forward, causing the injury that also poses her an increased risk of partial disability. According to the Skechers Shape-Ups shoes product liability lawsuit, the plaintiff bought the shoes following print and electronic ads by manufacturer claiming benefits, such as weight loss, posture improvement, and better knee and ankle toning up. However, the design defects in rocker bottom soles of these Shape-Ups shoes led to instability and altered gait mechanics putting users at the risk of injuries.

Skechers Shoes: Claims Vs Reality

California-based Skechers promotes its shoes sold under the brand name Shape-Ups and Tone-Ups as distinctly planned to help users get into shape without requiring them to join gyms. The manufacturer claims that its patented round sole design stimulates changes in walking styles that firm up leg muscles, reduce knees and ankle stress, get superior cardiovascular health, and ensure posture improvement. The company has been promoting its products with celebrity-driven advertisement blitz that includes names of Britney Spears, Kim Kardashian, Joe Montana, and Christina Aguilera.

However, the medical community is irked at the shoe benefit claims and has warned against the impending risk of foot or leg injury caused by Skechers Shape-Ups and Tone-Ups shoes. The complaint filed by the Ohio woman is just one of the many Skechers toning shoe products liability lawsuits filed against the trendy shoe brand claiming injuries caused by its defective products. The FTC Bureau of Consumer Protection has also taken cognizance of deceptive benefit claims about Skechers toning shoes following large number of serious hip and ankle injury complaints.

A study sponsored by the American Council on Exercise and carried on by scholars from Wisconsin University rejected benefits of these advertised shoes, saying there is no significant benefit, such as improved muscles or burning of calories that exercise can offer. The altered gait and foot destabilization rather leads to injuries.

The claimed advantages of Skechers Shape-Ups shoes are just “overhyped gimmick,” a recent USA Today report claims. According to it, wearing these shoes for long may result in Achilles tendons, strained hips, and foot injuries due to destabilized walking. These shoes can be more risky for people with balance or alignment problems.  

Read more: Skechers Class Action Lawsuit

Priest Sexual Abuse Lawsuit Settlement


The Catholic Diocese of Fort Worth Texas settled a serious sexual abuse lawsuit Tuesday with a former Catholic High School student whom was sexually molested and abused by a Catholic Priest. can confirm that the amount was acceptable to both parties.

The lawsuit comes as a result of the molestation and sexual abuse of the catholic school student by Rev. William Paiz between the years of 1982 and 1987, starting when the child was only 16 years old.

The child church sexual abuse victim who is now in his 40s, filed the sexual abuse lawsuit in January and listed numerous locations where the sexual abuse took place. Some of the crime scenes include: All Saints Catholic Church, St. George Catholic Church and other locations.

As part of the lawsuit settlement agreement, Paiz is not allowed to  work in a position that puts him in contact with any children, juveniles or young adults, and that he no longer represent himself to be a priest.

In the past, the church has been slow to react when church officials have been charged with abuse, said David Clohessy, director of Survivors Network of those Abused by Priests (SNAP).

"For years now, most bishops have been quietly but consistently backsliding in treating victims with compassion and being open in these cases," he said. "Policies, panels, procedures and protocols have been developed and it looks great on paper. But the sad truth is that behind closed doors, in diocese after diocese, there's been very little change. The fundamental reason is because the church is a monarchy. Every bishop is the lord of their own kingdom and they answer to no one."

Wal Mart Lawsuit Class Action Limitations Used In Comcast Lawsuit Stragety


Comcast Corp. (CMCSA) and Amgen Inc. are to ask the U.S. Supreme Court today to further limit class actions following a decision last year in the landmark Wal-Mart Stores Inc. (WMT) discrimination case that restricted such group litigation.

In 2011, the court rejected class certification for a lawsuit brought on behalf of more than 1.5 million female workers alleging discrimination in pay and promotions at Wal- Mart, the world’s largest retailer (WMT). The justices, dividing 5-4, said the women failed to point to a common corporate policy that led to discrimination, preventing them from suing as a group.

Plaintiffs often seek to sue as a class to pool resources against wealthy corporate defendants, gaining leverage to force a settlement or win at trial. The ruling in Wal-Mart v. Dukes, cited in a series of lower-court decisions -- most favoring companies -- will influence the Supreme Court’s view of the antitrust class action facing Comcast and the securities fraud class action involving Amgen, said Gerald Maatman Jr., of Seyfarth Shaw in Chicago.

“Dukes is the 800-pound gorilla in the courtroom,” Maatman, a lawyer who represents defendants in class actions, said in an interview. “Between June 2011 and Dec. 31, 2011, there were 260 rulings in state and federal court applying Wal- Mart.” Since then, at least 800 more cases have cited the case, he said. “There has been no hesitation by courts to apply Wal- Mart to other types of class actions.”

Steeper Road
While some decisions citing Wal-Mart have allowed class actions to survive, the road for plaintiffs has become steeper, said Deborah Hensler, a law professor at Stanford Law School in California.

The Wal-Mart decision “is making it more and more difficult to certify class actions,” she said. “You need to prove a lot about the merits at the certification stage.”

This requirement may lead to a reversal of class certification in one of the two cases being argued today before the Supreme Court, she said.

“Comcast is the next step on the road after Wal-Mart,” she said.

Comcast, the nation’s largest cable company, is trying to stop an antitrust lawsuit that seeks $875 million on behalf of as many as 2 million Philadelphia-area customers.

The company contends a federal judge improperly certified the case as a class-action lawsuit without first resolving whether proof of damages could be determined for the plaintiffs as a group. A Philadelphia-based federal appeals court let the case go forward.

Comcast Case
The Comcast case “could be very significant if the court decides that plaintiffs always need to prove common injury through admissible evidence” before a class can be certified, said Michael Waterstone, a law professor at Loyola Law School in Los Angeles.

“In antitrust, that’s going to make it very expensive” to pursue such claims, he said.

Courts are already requiring pre-certification evidentiary hearings, Hensler said.

In the past,

Read more: Wal Mart Lawsuit Class Action Limitations Used In Comcast Lawsuit Stragety

Hip Replacement Implant Recall Lawsuit Attorney Hip Implant Side Effects


Hip Replacement Implant Recall Information

Everything You Need To Know About Defective Hip Replacement Implant Recalls ... If you HAVE Questions About Any Information Here, Please Contact Us.

Hip Replacement Implant Recall Lawsuit AttorneyThe FDA has received more than 17,000 complaints highlighting large-scale failure and side effects of hip implants in the last one decade. The metal particles released by these artificial hip implants have been blamed for cardiovascular, thyroid, metal poisoning, and nervous system problems, while their failure in less than expected time and fracture rates necessitated patients to undergo revision or secondary surgeries. In May 2011, the FDA called for complete assessment of safety concerns associated with metal hip implant systems and components of 21 manufacturers. Recalls over all these years prompted by regulator warnings and revelations of independent studies have led to filing of thousands of hip implant lawsuits claiming product liability against manufacturers. A Forbes report published in December 2011 estimated that the total number of hip implant lawsuits would cross 30,000, costing the industry $5 billion in settlements.

DePuy ASR Hip Replacement Implant Recall

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Steroid Injection Meningitis LawsuitRare fungal meningitis caused by contaminated steroid injections has left 47 people sick and five dead in seven states. Preliminary investigations by the Centers for Disease Control and Prevention indicate that the outbreak is linked to steroid injections custom-made by New England Compounding Center, a Massachusetts-based specialty pharmacy. These epidural steroid shots used to alleviate back pain are suspected to have aspergillus fungus, a common mold considered the reason for the meningitis outbreak. FDA officials have discovered fungal infection in at least one sealed steroid vial at the production facility of the pharmacy in Framingham.


About 75 clinics in 23 states received 17,700 vials supplied by the pharmacy between July and September. A Nashville-based clinic is said to have received the largest consignment of steroid vials suspected to have been infected. The highest number of meningitis cases, 18 hospitalized and three deaths, has been reported from Tennessee. The Tennessee Department of Health confirmed the first meningitis case on September 21, 2012, following discovery of deadly brain infection in a patient, who had received methylprednisolone acetate spinal injection to alleviate back pain at an ambulatory surgery center. The CDC discovered another Tennessee man with a similar infection within a week. The list went up, with the increase in the number of meningitis cases reported in Tennessee, Michigan, Florida, North Carolina, Indiana, Virginia, and Maryland.


Federal and state health officials are also looking for other possible reasons leading to the present fungal meningitis outbreak, such as the solution and the anesthetic used during administration of these steroid injections.


Recall of Suspected Steroid Vials


Steroid Injection Meningitis LawsuitOn September 26, 2012, the compounding pharmacy issued a recall of three lots of possible contaminated methylprednisolone steroid injections while investigations over suspected contamination and pharmacy error were continuing. It expanded the recall on October 4 to include all its injectable drugs and vials of methylprednisolone acetate products supplied since July. The New England Compounding Center at Framingham, MA, is a specialty pharmacy authorized to create custom-made steroid injections. It mixes medications and drugs taking into consideration patient conditions, dosing requirements, specific allergies, and need to change medication. The FDA has advised consumers and healthcare professionals against using New England Compounding Center products until the investigation is over.


Methylprednisolone acetate is a corticosteroid used to deal with inflammation that causes back and spinal pain. The steroid is injected into the spine directly to contain inflammation and ease pain. Hundreds of people in the United States use these injections everyday to get relief from lower back pain caused by a herniated disk. According to a report by the Department of Health and Human Services' inspector general published in 2010, about one-third of 433 injections audited as samples failed to meet Medicare standards.


Steroid Injection Meningitis Symptoms


Tainted steroid causes fungal meningitis that leads to infection of the brain and spinal fluid. The infection starts with the spinal cord inflammation and gradually contaminates protective membranes surrounding the brain. Aspergillus-induced fungal meningitis is rare, and this condition can be fatal for those with weakened immune systems.


Meningitis signs, such as headache, neck stiffness, vomiting, fever, light sensitivity, and confusion, start within three to seven days of the infection and proceed to coma and death. The transmission occurs only through direct fluid contact. In case of contaminated steroids, it develops fast because of direct delivery to spinal canal. The treatment for fungal meningitis requires prolonged hospitalization from weeks to months.


Hospital Infection and Pharmacy Error Lawsuits


According to a report by the Institute of Medicine of the National Academies, about 1.5 million U.S. residents die or face serious life threats due to medication or pharmacy error every year.


In June 2012, eight former patients sued the cardiac catheterization clinic of Exeter Hospital’s at New Hampshire for Hepatitis C exposure. The patients were diagnosed with Hepatitis C following their treatment at the hospital between October 2010 and May 2012. According to state health officials, 19 patients were infected with the disease after a hepatitis C infected employee of the hospital gave shots to patients with self-used needles. In February 2010, a Las Vega Endoscopy Center paid more than $3 million to settle 85 hospital infection lawsuits filed following similar outbreak of Hepatitis C in January 2008. In March 2012, reports of fungal eye infections led to recall of Brilliant Blue G dye used in eye surgery.


In March 2011, Birmingham-based compounding pharmacy Med IV recalled its Total Parenteral Nutrition products after investigating officials linked them to an outbreak of infection in six Alabama hospitals. The TPN was contaminated by Serratia marcescens bacteria that resulted in nine deaths. A number of wrongful death lawsuits have been filed against the compounding pharmacy by family members of deceased patients.


In August 2007, a Florida court awarded $33.3 million to family of a breast cancer patient, who died after being accidentally given a blood thinner dosage by technician at Walgreens Pharmacy. A superior court rejected Walgreens’ appeal challenging the judgment in the pharmacy error lawsuit and upheld the compensation awarded in March 2010.


In February 2009, Walmart Pharmacy paid an undisclosed sum to settle a wrongful death lawsuit filed by family of a Maryland man, who died in 2007. The pharmacy error lawsuit filed in a Baltimore court claimed that the 66-year-old died after he was given drugs prescribed for someone else. A similar case filed against Walmart in a Texas court in May 2010 is awaiting trial.


A pharmacy error lawsuit has also been filed against Detroit-based Rite-Aid Pharmacy following death of a man caused by wrong medication in 2007. According to the lawsuit filed in Michigan’s Wayne County Circuit Court in December 2009, 54-year-old John Sheridan died because of Temodar overdose. The technician at the pharmacy gave the cancer treatment drug that was 10 times more potent than the prescribed dose.

Trader Joe’s Peanut Butter Recall Lawsuit Salmonella Contaminated Salmonella Peanut Butter Recall Expanded


Trader Joe’s Peanut Butter Recall Lawsuit Salmonella Contaminated Salmonella Peanut Butter Recall Expanded

Salmonella Peanut Butter Recall Lawsuit

Trader Joe’s peanut butter recall has been expanded to include more products supplied by Sunland, Inc., suspecting presence of salmonella Bredeney infection following a briefing by the FDA. On September 22, 2012, the specialty grocery chain removed Sunland-manufactured Valencia Peanut Butter from all its stores following more than 30 reports of nationwide food poisoning linked to the product. Officials of the FDA and the Centers for Disease Control and Prevention investigating Salmonella contamination have detected 29 cases of food poisoning and four hospitalizations in 19 states between June 11 and September 2. Trader Joe’s recall covers “Creamy Salted Valencia Peanut Butter (SKU 97111), Almond Butter with Roasted Flaxseeds (SKU 94079), and Valencia Peanut Butter with Roasted Flaxseeds (SKU 98927).”

On September 24, Sunland added 100 more nut products, including roasted blanched peanut, Tahini, peanut sauces, chocolate nut butter, almond butter, dog nut butter, and cashew butter products. These are sold under a variety of brands, such as Sunland, Heinen’s, Fresh & Easy, Silly Prices, Harry and David, Serious Food, Dogsbutter, Sprouts Farmers Market, Open Nature, and Naturally More, and have been added to the recall list suspecting presence of Salmonella Bredeney strain. All these products were manufactured using the same machinery on which contaminated Trader Joe’s peanut butter was processed.

According to the FDA, a number of companies, including Gretchen Shoebox Express, SunRidge Farms, Chattanooga Bakery, and Falcon Trading Company, have initiated recall of the aforementioned Sunland-supplied products. Whole Foods Market recalled peanut butter, mini peanut butter cookies, and chocolate chunk peanut butter cookies from its stores in Texas, Louisiana, Arkansas, and Oklahoma on September 26.

The recall was second for Trader Joe’s in September 2012. It recalled Tropical Fruit Medley (SKU 94936) from its stores in 19 states after it was found that mango ingredient in the product could cause serious food-borne illness.


Salmonella Food Poisoning Lawsuit

Products contaminated with Salmonella Bredeney can cause serious infection in human beings that result in food poisoning, hospitalization, cerebral paralysis, and death. It puts children, seniors, and people with weak immune systems at a greater risk of fatal health complications. Samonellosis initially attacks the gastrointestinal tract and causes abdominal cramps, intestines disorder, food poisoning, diarrhea, dehydration, and fever. The infection gradually spreads to blood streams and affects various organs of the body leading to death.

Salmonella Food Poisoning Lawsuit Against Trader Joe’s and Sunland

On September 28, a salmonella food poisoning lawsuit filed at the North Carolina Superior Court seeks compensation from Trader Joe’s and Sunland for negligence, product liability, and breach of warranty. According to plaintiff Lewis Lebron, his eight-year old son suffered from gastrointestinal problems, fever, and diarrhea and was hospitalized after eating Trader Joe’s peanut butter in the last week of August. The peanut butter product named in the lawsuit was recalled after the FDA found salmonella contamination a month later.

Recent Peanut Butter Recalls and Lawsuits

On January 13, 2009, the Peanut Corporation of America issued a massive recall of 400 peanut butter products processed at a plant in Georgia following salmonella outbreak. Five days later, it withdrew peanut paste from the market citing the same reason. These products sold to hospitals, schools, and food providers resulted in over 800 food poisoning cases and nine deaths in 43 states between October 2008 and January 2009. On January 10, the corporation had withdrawn two brands Parnell’s Pride and King Nut in nine states suspecting presence of salmonella.

The family of 72-year-old woman was first to file a salmonella food poisoning lawsuit two weeks later, accusing the manufacturer of causing wrongful death. The victim, who was treated at a nursing home supplied with salmonella contaminated peanut products, died due to the infection. In February 2009, the family of 7-year-old Vermont boy sued Kellogg and the Peanut Corporation of America for selling contaminated peanut butter. The young boy remained hospitalized for five days following salmonella food poisoning. A federal judge granted $12 million in damages to 120 salmonella food poisoning lawsuits filed against the Peanut Corporation of America.

In 2007, ConAgra Foods recalled millions of its peanut butter jars of Peter Pan and Great Value brands following reports of salmonellacontamination'ss. As many as 625 users were identified with food poisoning caused by consumption of its peanut butter products.

In January 2010, the FDA ordered recall of a number of Parkers Farm products, including peanut butter, following the discovery of listeria contamination. The recalled brand products included Dutch Farms, Happy Farms, Central Markets, and Kroger brands.
In March 2011, Unilever withdrew its peanut butter products sold under the brand name Skippy in 16 states after the FDA officials discovered presence of salmonella.

Recent Salmonella Contaminated Food Recall and Lawsuits

In March 2009, SunSprout issued a nationwide sprout recall following salmonella contamination of its gourmet, alfalfa, and onion sprouts. More than 54 people in Nebraska, South Dakota, Missouri, Iowa, and Kansas were hospitalized for food poisoning caused by these sprouts.

In June 2010, ConAgra Foods recalled 800,000 Marie Callender meals after the Centers for Disease Control and Prevention traced eight cases of food poisoning of its Cheesy Chicken and Rice frozen food. The investigation was prompted by sickening of 29 people in 14 states due to salmonella outbreak.

On January 19, 2012, Winn-Dixie Stores recalled a variety of sprouts sold in Florida, Mississippi, Georgia, Louisiana, and Alabama due to potential salmonella contamination. In February, 68 people in 10 states were confirmed with salmonella food poisoning after they had their meals at Taco Bell restaurants. Federal health officials ordered for a recall of sushi in May after more than 300 salmonella food poisoning cases were reported in 26 states. On June 20, LEASA industries notified customers of the presence of salmonella contamination in Living Alfalfa Sprouts supplied by it. The sprouts were recalled after salmonella infection was detected during sample testing. In July, Sedona Labs withdrew its iFlora Kids Multi-Probiotic from the market following warning that Galactooligosaccharide ingredient in the product was contaminated with salmonella strain.

In the last week of July 2011, an Agromod papaya recall was made following salmonella food poisoning outbreak that led to sickening of more than 100 people in 23 states. A week later, Cargill withdrew 36 million pounds of meat. The Food Safety and Inspection Service of the Agriculture Department detected presence of antibiotic-resistant salmonella Heidelberg in the products, which caused sickness among more than 80 people across the country. In October, salmonella food poisoning outbreak forced Wegmans to recall 5,000 pounds of pine nuts.

Merck Coppertone Class Action Lawsuit Settlement


Merck Coppertone Class Action Lawsuit Settlement

Merck Class Action Lawsuit Settlement

New Jersey-based pharmaceutical major Merck & Co had agreed to settle the Coppertone class action lawsuit that was filed nine years ago. According to reports, the total compensation is expected to be between $3 million and $10 million, with each plaintiff expected to get up to $1.50 million for each Coppertone product purchased. The settlement agreed on September 21, 2012 also forbids Merck from using specific words, such as waterproof, all day protection, sweat proof, and sunblock in product labels, advertisements, and marketing material promoting Coppertone sunscreens in the United States.

What is The Merck Coppertone Class Action Lawsuit

Coppertone sunscreen lotion was originally owned by Schering-Plough, the manufacturer of foot care brand Dr Scholls and other pharmaceutical drugs. The suntan lotion brand came under increasing scrutiny in 2002 for its labeling and advertisement claims. Beginning October 2003, a number of lawsuits, including a class action, were filed in different US courts, claiming exaggerated labeling of Coppertone products. The plaintiffs had alleged that the manufacturer overstated the strength of Coppertone sunscreens in its advertising and promotion campaigns.

Merck acquired Schering-Plough in November 2009 for $41 billion and became party to these lawsuits by default, seeking compensation for publicizing false product information. A spokesperson representing Merck has refuted wrongdoing allegations and consequent liability and defended the quality of products as compatible with the latest FDA standards on sun protection lotions. The settlement is "solely for the purpose of avoiding the burden, expense, risk and uncertainty of continuing litigation," according to the agreement details filed by Merck in a New Jersey federal court.


Other Merck Lawsuits And Merck Class Action Lawsuits

The Coppertone class action is one of the many lawsuits filed against Merck for prescription drug side effects, misbranding, wrong marketing practices, and illegal payments to health care professionals. The following are details of various Merck lawsuits and settlements.

Merck Vioxx Lawsuit

Merck has been subject to 25,000 individual, one anti-trust, and 160 class action lawsuits by US residents affected by Vioxx side effects. The arthritis drug was recalled in 2004 after the FDA adverse reporting system confirmed as many as 139,000 heart attacks linked to it in the last one decade of its sale. It was also responsible for causing heart attacks, hypertension, cardiovascular thromboembolic, hepatic insufficiency, ocular side effects, and dermatologic reactions. In July 2008, Merck set aside a fund of $4.85 billion to cover all compensation claims and legal expenses arising out of Vioxx lawsuits.

In August 2005, the first Vioxx lawsuit trial resulted in $20 million compensation to the family of a Texas man. A Rio Grande City court awarded $32 million, including $25 million in punitive damages against Merck, to family of a 71-year-old man, who died of the drug side effects. Merck paid $58 million to 30 state governments to settle anti-trust lawsuits that blamed the defendant of following deceptive market practices and providing misleading information on Vioxx side effects.

Merck Fosamax Lawsuit

More than 2,000 Fosamax lawsuits have been filed against Merck in the United States. Plaintiffs suffered from a number of side effects from the osteoporosis drug, such as jaw necrosis, knee problems, and hip and femur fractures. According to the American Society of Clinical Oncology, Fosamax puts users at a six-time greater risk of esophagus cancer. The plaintiffs have sought compensation from Merck on the ground that it failed to disclose safety information regarding Fosamax side effects and to warn consumers adequately. All federal Fosamax lawsuits have been consolidated at the Southern District of New York. In June 2010, a New York City court awarded $8 million to a plaintiff who suffered from jaw necrosis due to Fosamax side effects.

Merck Propecia Lawsuit

A class action and hundreds of individual lawsuits have been filed against Merck following discovery of Propecia side effects in early 2011. The drug prescribed to contain male hair loss is blamed for causing erectile dysfunction, behavior change, mental impairment, and diminished quality of life. The Propecia lawsuit plaintiffs have alleged that Merck did not mention the side effects on the drug label in the United States despite such warnings by European regulators and consequent label changes in 2008.

Merck NuvaRing Lawsuit

Merck is facing close to 1,000 personal injury and wrongful death claims linked to its popular contraceptive vaginal ring NuvaRing. The device, according to a study published in the British Medical Journal, leads to deep vein thrombosis and other cardiovascular diseases, causing death and disability in many users. Most of the federal NuvaRing lawsuits consolidated under the Eastern District of Missouri have alleged that Merck downplayed the threat of side effects during its drug promotion campaign and did not warn users about the risk disclosed by European public health regulators.

Merck Zocor Lawsuit

On June 1, 2012, a Zocor class action lawsuit filed against Merck in the Eastern District of Louisiana alleged that the manufacturer marketed the drug without warning users about risks associated with it. The serious side effects of the cholesterol-lowering drug include rhabdomyolysis, muscle injuries, and renal impairment. About half-a-dozen individual lawsuits filed in various state courts have also alleged that Merck sold Zocor without warnings despite being aware that it is dangerous to human health.

Merck Vytorin Lawsuit

In August 2009, Merck reached an agreement to pay a compensation of $41.5 million to settle Zetia and Vytroin class action lawsuits. The plaintiffs sued the pharmaceutical company after data released by the manufacturer in January 2008 highlighted that the costly cholesterol-fighting drugs did not offer any extra benefits as claimed by Merck. In March 2012, Merck paid $5.1 million to settle another lawsuit filed over delayed released of the study.

Merck Mumps Vaccine Lawsuit

A Mumps Vaccine class action lawsuit filed against Merck on June 25, 2012 claims that the drug manufacturer misled users on the efficacy of its product. The lawsuit filed by Chatom Primary Care of Alabama claims that the vaccine is "far less effective" than advertised and Merck sold drugs with "questionable efficacy.” The claim is based on the accusations of two Merck virologists, who claimed to have witnessed improper testing and data falsification during the testing process.

Hospital Malpractice Lawsuit Unnecessary Cardiac Procedure at HCA Hospitals


Hospital Malpractice Lawsuit HCA HospitalHCA Holdings, the largest of the hospital chains in the United States, is facing federal probe for unnecessary cardiac procedures performed at many of its facilities in the country. According to an article published in The New York Times, hospital chain has been aware of the illicit activity since 2002, but failed to prevent such clinical practice until August 2012 when federal prosecutors in Miami and the Justice Department began scrutinizing heart procedures at 10 of its facilities in Florida and other states. HCA runs 163 hospitals in different parts of the United States.

HCA Unnecessary Cardiac Procedure and Complaints

Cardiologists at HCA hospitals allegedly performed cardiac clinical practices that they were unable to justify. An internal investigation in 2003 revealed that patients admitted at its hospitals were often treated for coronary blockages despite no detection of significant artery blockages. In 2008, HCA introduced new billing codes for emergency patients that resulted in a sharp rise in the number of such patients requiring enhanced care. Its hospital did not treated patients with non-urgent conditions and put in a system of flexible staff use that led to inadequate staffing, affecting critical care at the facilities. These profit boosting majors led to unnecessary procedures and complications at the expense of patients and forced them to stay in the hospital for extended periods and even pay more.

Read more: Hospital Malpractice Lawsuit Unnecessary Cardiac Procedure at HCA Hospitals

Antibiotics Side Effects Lawsuit


Antibiotics Side Effects and Health Problems

Antibiotics Side Effects Lawsuit AttorneyAntibiotics, often considered the most potent life savers, can lead to serious side effects. According to a study published in the April issue of The Journal of the American Medical Association, antibiotics, such as fluoroquinolones, pose a severe risk of a retinal detachment among current users of the drug, which could lead to vision loss, blindness, and other visionary problems. Another unpublished study warns of a significantly higher risk of acute kidney failure among the users of fluoroquinolone antiobiotics, which include Cipro, Avelox, and Levaquin.

Levaquin, Cipron, and other antibiotics are known to be toxic to the connective tissue and can impact cartilage, causing a risk of tendon ruptures. The study questions the drug makers’ failure to identify this potential concern related to the effect of these drugs on the connective tissue and negligence in studying the potential adverse events of Levaquin and Cipron on the eyes. Some of the symptoms of retinal detachment about which the drug manufacturers failed to warn the users about include:

  • Flashes of light
  • Dramatic rise in the number of floaters
  • Feeling bulky eyes or experiencing heaviness in the eye
  • Central vision loss
  • Dense shadow moving from peripheral to central vision

Antibiotics Side Effects

No doubt these antibiotics help restore health and save life, but inappropriate prescription and misuse of these drugs has the potential of causing adverse events, leaving some patients with severe and permanent vision problems. Often prescribed for bronchitis, sinusitis, earaches, among other infections that can be treated even with less potent drugs, antibiotics can have life threatening side effects, which become apparent after the patient has been cured of the malaise, with the patients experiencing severe pain and weakness. A number of patients even complain of dryness in the eyes, skin, and mouth; uncontrollable shaking; ringing in ears; burning pain and sensation in eyes and feet; delayed urination; tingling in the feet and hands; muscle spasms in back; and heart palpitations. The drugs have the potential of causing severe harm to:

Read more: Antibiotics Side Effects Lawsuit

Risperdal Lawsuit Breast Side Effects


Drug maker Johnson & Johnson (JNJ) has settled a Risperdal lawsuit on the first day of trial over Risperdal side effects.

The Risperdal lawsuit filed plaintiff Aron Banks states that the Johnson & Johnson antipsychotic drug Risperdal caused him to grow breast tissue.

Aron Banks, 21, claimed he sustained psychological trauma from growing breasts after taking the medication during childhood. Banks took the medicine from 2000 to 2004, when it wasn’t approved for children.

The Banks suit in state court in Philadelphia was the first to go to trial on claims that Risperdal caused boys to grow breasts. Another trial is set to begin Sept. 20 in Philadelphia. The terms of the settlement are confidential, Steve Sheller, the plaintiff’s attorney, said following the announcement in court today.

“The case resolved and the client is satisfied,” Sheller said in an interview.

The Food and Drug Administration approved Risperdal in 1993 for psychotic disorders including schizophrenia.

Read more: Risperdal Lawsuit Breast Side Effects



Disney World Accident Lawsuit

The previously filed lawsuit against Walt Disney World ( Orlando ) has been settled. If you are a regular reader, you may remember that this case involved the April 2010 disney world bus accident , that resulted in the untimely death of a 9 year old male child.

The mother of the child ( Chase Brubaker) involved in this accident has now settled her lawsuit against Disney World.

The accident occurred when Chase was innocently riding his bicycle at a Walt Disney World resort named “ Fort Wilderness Resort” when he was struck and killed by a Disney owned and operated bus. The Florida Highway Patrol investigated and determined that the bus driver was not at fault and as such no charges were ever filed in the case. has not yet recieved information detailing the terms of the settlement.


Alabama Car Accident Lawyer

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Alabama Car Accident Lawyer

Alabama witnesses more than 300 car accidents every day, with the state mileage death rate well above the national average. On August 28, 2012, a collision between a motorcycle and an 18-wheeler in Opelika city’s Pepperell Parkway caused death of a 20-year-old man. Two days later, one woman died and two men received injuries following a three-car accident on U.S. Highway 431 near Alexandria. On September 4, 2012, a 32-year-old woman died and her 7-year-old daughter was seriously injured near Midland City after a truck hit a SUV and two cars on U.S. 231 North. In 2000, civil rights activist Earl T. Shinhoster lost his life after his vehicle veered off Interstate 85 in Macon County.

Alabama Auto Accident Statistics

According to Alabama transportation department, every driver in the state is at 48 percent enhanced risk of facing fatal crash or injury over his lifetime. For front seat occupants, the probability stands at 44 percent.
In 2010, Alabama car accidents resulted in the death of 848 people. The figure stood at 842 in 2009.
There were 123,731 traffic crashes, of which 774 turned fatal, in 2009.
Cities and towns accounted for about 73 percent of Alabama traffic crashes while rural areas accounted for the most number of fatalities (62 percent).
In 2009, Alabama auto accidents led to one injury in every 15 minutes and one death in every 10 hours.
Of all age groups, about one-fourth of all injured were under 25 years.
The state mileage fatality rate in 2010 was 1.34.
Alcohol was the reason for about one-fifth of Alabama car accident fatalities in 2010 while the highest number of traffic crashes occurred on highways.
Passenger cars were found to be involved in 44 percent of all Alabama car accidents in 2010.

Alabama Auto Accident County

Jefferson County accounted for almost 10 percent of all Alabama car accident fatalities and about 17 percent of all traffic crashes in 2010. Mobile County was second with 8 percent share. Other counties with a high rate of Alabama car accidents include Tuscaloosa and Madison Counties. Birmingham, with about 9,500 auto accidents every year, is the most unsafe city for drivers in Alabama. Mobile, Huntsville, and Montgomery are three other cities with a high number of Alabama car accidents and injuries. Hoover, Dothan, Decatur, and Auburn also witness a large number of traffic-related injuries in the state.

Alabama Auto Accident Causes

Almost 60 percent of all Alabama car accidents occur due to roadway departures. This indicates driver error and vehicle speed as a causative factor. Almost one in five Alabama auto accidents in 2010 was blamed for alcohol consumption. Intersections in the state accounted for 19 percent of all accidents in 2010 while speed was the reason for 17 percent of fatal crashes.

Alabama Car Accident: Common Injuries

Loss of life
Loss of limb, internal injuries, and long-term impairment
Brain, whiplash, and spinal cord injuries
Severe medical conditions caused by injuries
Back and neck injuries
Buns and fractures leading to disfigurement
Psychological distress

Alabama Car Accident: Compensation

Any one injured in an Alabama auto accident can seek the following damages subject to the state law:

Compensation to cover medical cost
Punitive damages
Financial damages for loss of wage and property
Coverage for physical suffering
Disability compensation
Compensation for psychological distress
Compensation loss of job and consortium
Alabama Personal Injury Lawsuits: The Litigation

Pre-Litigation Report Collection: Get in touch with an experienced Alabama car accident lawyer and ask them about statute of limitations as soon as possible. Once you authorize him as your personal injury attorney, the lawyer collects necessary reports from police, hospitals, and experts to press your claim.
Claim: Your Alabama auto accident lawyer makes a list of compensation and sends your claim notice to the at-fault party or their insurer.
Arbitration and Mediation: Either party has the option to go for arbitration or both parties agree to seek third-party mediation. While arbitration is legally binding, mediation is more flexible and you can bargain hard with the help of your Alabama car accident lawyer.
Litigation: If the at-fault driver or their insurer refuses to compensate you or rejects your claims, you can file a personal injury lawsuit, seeking comprehensive financial compensation.
Discovery: The court sends a notice to the defendant about your claim and the personal injury lawsuit enters the discovery stage. Alabama car accident lawyers prepare documents and reports to reinforce the respective position of their clients. There can be negotiations during this phase to settle the lawsuit out of court.
Summary Judgment: If no settlement is reached, any party can approach the judge for a summary judgment. This moves the court and the judge sets the date for trial or allows a summary decision based on findings presented.
Trial and Judgment: The court holds the trial in the presence of a jury and provides opportunities to Alabama car accident lawyers of the plaintiff and respondent to present their cases and cross-examine the witnesses. An award is granted or the lawsuit is dismissed based on merit, facts, and state law.
Settlement: Both the plaintiff and the respondent are at liberty to negotiate the settlement out of court to their satisfaction. They must inform the court about it and get the approval before withdrawing the case. An experienced Alabama car accident lawyer is certainly an asset while striking a settlement through bargain or mediation.
Alabama Car Accident Lawsuit: State Law, Limitations

State small courts have the authority to hear any Alabama car accident lawsuit with damage claims not exceeding $3,000.
Alabama statute of limitation prescribes a 2-year time limit for filing accident related personal injury cases. However, in case of damage to property, the state law allows 6 years to file any damage claim.
The 19th birthday is the deadline for application of the statute of limitation in Alabama. A minor is exempted from it until he turns 19.

For insurance claims, the time limit is governed by respective terms of policies purchased.

For claims against local, state, and federal government agencies or employees, there is a time limit of about 90 to 180 days. Check with your Alabama car accident lawyer for exact details.

Alabama Car Accident Insurance

Alabama is a “fault” insurance state. The tort law system makes you liable to compensation and punitive damages for causing accidents and related injuries.

Read more: Alabama Car Accident Lawyer Attorney