Professional Malpractice, Products Liability

Robotic Surgical Machines: Safe or Deadly?

by The Rothenberg Law Firm LLP on 5/17/2013

Imagine your doctor recommends routine spleen removal surgery. When discussing your surgical options, the doctor tells you about da Vinci® - an increasingly used surgical robot. The doctor raves about the safety,...more

Why Should a Personal Injury Attorney Conduct and Asset Search

by Edward Amaral on 4/11/2013

If used properly and if conducted by a reputable Asset Search Company, asset searches can be used as a valuable tool in both pre and post litigation. Often is the case when a personal injury attorney has a client with...more

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

by Edward Amaral on 4/1/2013

Short Answer: As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

by Edward Amaral on 3/27/2013

On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more

Filing A Lawsuit For Damages Caused By A Dangerous Drug

by Tate Law Group, LLC on 3/18/2013

Pharmaceutical companies manufacture, test and introduce new drugs regularly. Despite rigorous testing by the drug companies and monitoring by the United States Food & Drug Administration (FDA), lawsuits are an inevitable...more

Could the Recent Meningitis Outbreak Lead to Litigation?

by Phillips Law Offices on 12/21/2012

Pharmaceutical litigation most frequently occurs when drug companies fail to adequately test medications prior to release or fail to properly inform consumers of the potential side effects. In these cases, the drugs are...more

San Diego Court Awards $7.5 Million in Punitive Damage for Medical Device That Caused Frostbite

by Thorsnes Bartolotta McGuire LLP on 12/16/2012

A San Diego court recently awarded $7.5 million in punitive damages to a woman who suffered frostbite to her knee from use of a cold-therapy medical device. The lawsuit was based on product defects associated with the medical...more

Contaminated Medication Believed to Be Cause of National Fungal Meningitis Outbreak, Including Over Twenty Florida Cases

by Law Offices of Cohn & Smith, P.A. on 10/23/2012

Federal and state officials believe that a contaminated medication from a Massachusetts pharmacy is responsible for an outbreak of fungal meningitis that has killed at least twenty-four people and sickened more than three...more

Your Money or Your Life: Injury Toll from Pain Injection Drugs Climbs

by Patrick Malone & Associates P.C. | DC Injury... on 10/8/2012

As more patients in Maryland, Virginia and seven other states are found with severe meningitis infections from an injected steroid pain drug, the tradeoff in how the drug got made is becoming increasingly plain. It's a new...more

Pharmaceutical Law Update -- October 2012: Learned Intermediary Doctrine Applies to Failure-to-Warn Pharmaceutical Cases in...

by Sedgwick LLP on 10/4/2012

An August 7, 2012 decision by the New Jersey Appellate Division overturned three judgments totaling almost $12 million in damages previously awarded against New Jersey drug manufacturer Hoffman–La Roche, Inc. for injuries...more

OTC Drugs Bear Fewer Warnings than Their Prescription Predecessors

by Patrick Malone & Associates P.C. | DC Injury... on 9/27/2012

Generally, when a prescription drug becomes available over the counter (OTC), it’s a good thing—it’s less expensive and available more quickly. But as a recent report on MedPage Today explains, often, something gets lost in...more

The High Rate of Inappropriate Prescriptions for Seniors

by Patrick Malone & Associates P.C. | DC Injury... on 9/10/2012

Just as children require medical treatment different from that of adults, seniors have specific health-care needs as well. As we’ve noted, elderly patients are more sensitive to some drugs, less to others, can present...more

Wrongful Death

by Sedgwick LLP on 9/6/2012

UPDATED THROUGH SEPTEMBER 4, 2012 Product Liability – Tobacco. In an action by individual class member, did the trial court err in application of finding reached by jury and affirmed by Florida Supreme Court in class...more

Young Lawyers' Recommended Reading List

by Jonathan Gilbert on 9/1/2012

A summary of four key books for young lawyers to read to assist in obtaining a better grasp on their trial advocacy skills in the courtroom. These four books will assist in defeating defense strategies and connecting with...more

Beware Fat-Melting Devices Posing as FDA Approved

by Lawyers.com on 8/30/2012

When is a massager more than a massager? When it’s sold and used to melt fat, contrary to its FDA registration. An investigative story by public-interest journal Fairwarning lays out the story of the LipoTron 3000...more

Mock Trial Arbitrations and Mediations: A New Approach To Case Resolution

by Cantor Stoneburner Ford Grana & Buckner on 8/30/2012

In many cases, the stumbling block to settlement is the parties’ polar opposite views of what the likely jury verdict will be. Impasse is typically reached in these situations when the parties dig their heels in, often...more

Mock Trials and Focus Groups: How Are They Conducted?

by Cantor Stoneburner Ford Grana & Buckner on 8/30/2012

The goal of the trial lawyer in using a mock trial or focus group in his or her case is to obtain objective information from a group of individuals demographically similar to the real jurors. Consequently, the mock trial or...more

Blood Pressure Meds Grossly Overprescribed

by Lawyers.com on 8/28/2012

Tens of millions of people taking blood pressure medication prescribed by their doctors may be consuming the drugs for no reason, according to a new study. The report, which was conducted independently from any drug company...more

Can You File A Pradaxa® Lawsuit?

by Phillips Law Offices on 8/28/2012

Pradaxa is a prescription medication that thins the blood of people who have been diagnosed with atrial fibrillation. This is a heart condition that leads to an irregular heartbeat. Atrial fibrillation is not caused by...more

Glorvigen v. Cirrus Design Corp.: Duty to Warn Does Not Require Duty to Train Users

by Morrison & Foerster LLP on 7/30/2012

In a recent ruling, the Minnesota Supreme Court held that, under Minnesota negligence law, manufacturers and suppliers have a duty to warn foreseeable users of dangers inherent in the product, and that this duty includes a...more

TV Doctors: Good Entertainment, Bad Medicine

by Patrick Malone & Associates P.C. | DC Injury... on 7/23/2012

We couldn’t have said it better than the Los Angeles Times: “ Television is great for sports, reality shows and reruns of ‘The Big Bang Theory,’ but if you're getting your health information from TV, you might not be as...more

Seniors Stop Taking Antidepressants When They Fall Into Medicare’s Donut Hole

by Patrick Malone & Associates P.C. | DC Injury... on 7/13/2012

The advent of Medicare’s Part D drug plan introduced everyone to the concept of the “donut hole.” That’s the point at which prescription drug coverage ceases for a period during which the plan member pays full price. The gap...more

When a Medical Device Warning Was Ignored, the Patient Died

by Patrick Malone & Associates P.C. | DC Injury... on 7/5/2012

Last month, we wrote about the danger of drug and medical device warnings and recalls that go unnoticed by hospitals and doctors, much less patients. A recent story reported by CNN demonstrates the tragic consequences of such...more

Weekly Law Resume - June 7, 2012: Defendant in a Personal Injury Action Must Prove Each of the Elements of a Claim for Medical...

by Low, Ball & Lynch on 6/21/2012

Katerina Chakalis v. Elevator Solutions, Inc., et al. Court of Appeal, Second District (May 18, 2012) In Wylson v. Rittl (2003) 105 Cal.App.4th 361, the court held that a non-party medical doctor cannot be found...more

Conflict of Interest Kills Pain Control Advocacy Group

by Patrick Malone & Associates P.C. | DC Injury... on 5/21/2012

Here's another tale of Big Pharma insinuating itself into places it doesn't belong, to the detriment of quality care and patient safety. Established to support patients with chronic pain, their families and the...more

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Professional Malpractice › Products Liability