Category: Personal Injury

Man Files GranuFlo Lawsuit

granuflo lawsuit A Michigan man has filed a lawsuit against Fresenius Medical Care, the maker of GranuFlo, a dialysate used during kidney dialysis to counteract the acids created by failing kidneys. GranuFlo was recalled in 2012 after an internal Fresenius memo discussing how it may increase the risk of cardiac arrest by as many as eight times was leaked to the FDA.

GranuFlo enjoyed wide use nationwide and has been included in the treatments of more than 250,000 people.

The lawsuit alleges the man’s cardiac arrest is a result of being treated with GranuFlo. It seeks $6 million in damages for medical costs, pain and suffering, lost wages, and future earnings. One of its major accusations is that the company failed to warn the public and the medical community of GranuFlo’s potential dangers.

As more people become aware of the risks associated with GranuFlo, there will likely be more suits filed.

Common Mistakes In Personal Injury Cases

Whether you were injured in a car accident, from a negligent surgeon or other medical professional, or by a defective product, you may be eligible for financial compensation by The Law Offices of Donald D. Guthriefiling a personal injury lawsuit. And while utilizing the services of a personal injury lawyer is highly recommended and will also help you avoid making a number of mistakes with your case, it is important to know the most common personal injury case mistakes that are made on a daily basis.

When you suffer an injury due to someone else’s fault, the courtroom may be the last thing on your mind; however, it is important to take legal action so you can recover financial compensation to pay for medical bills and other damages. Your chances at recovering financially could be seriously hurt if you make any of the following mistakes:

  • Waiting too long to take legal action and allowing the statute of limitations time limit to expire. The statute of limitations restricts the amount of time one has to take legal action and if you wait too long, you could miss your opportunity.
  • Not seeking medical treatment immediately
  • Not going to treatment or doctor’s appointments. A defense attorney can use that information against you by claiming your injuries were either not that severe or made up.
  • Settling your case without fist consulting with an attorney. Before accepting any settlement offer, make sure a skilled attorney looks over your case.
  • Failing to properly document the accident through pictures or witness statements

By avoiding the above errors, you can increase your chances of recovering damages in a personal injury case so you don’t fall into serious debt.

Family Files Wrongful Death Lawsuit Against GM

There are often few avenues for fair compensation in the wake of a serious tragedy such as a fatal car wreck, but a recent lawsuit in Dallas County is an excellent example of how manufacturers may be held liable for negligence when they produce and distribute unreasonably dangerous products. In a 2010 accident, the driver Shonnie Bryan was driving a 2003 Chevrolet Impala through an Zandt County and lost control of the vehicle, crashing into a culvert on the side of the road. Contrary to the reasonable expectations of safety all drivers have while operating their vehicles, the air bags in Bryan’s Impala failed to deploy, resulting in serious injuries which lead to Bryan’s death.

Levinson Axelrod, P.A.By naming General Motors as the defendant in their wrongful death lawsuit, the plaintiffs are alleging that the car company is guilty of negligence in the design, manufacturing, and marketing of the Chevrolet Impala in question, which is alleged to be a “defective and unreasonably dangerous” vehicle. As with any wrongful death suit, there are a vast range of damages which the plaintiffs may seek, ranging from court costs and interest to funeral expenses, loss of companionship, medical expenses, and emotional suffering.

The full extent of the lawsuit includes Rodney Bryan as a representative of the Estate of Shonnie Bryan, as well as Shaila Bryan, Harold Pitts, Sheila Pitts, Johnny Tamez, and Dennis Yates, and is filed against General Motors, Watson Chevrolet Buick Pontiac, Scott Watson Chevrolet Buick Pontiac, and Watson Truck & Supply Incorporated. Reese P. Andrews of Andrews & Andrews in Nacadoches will represent the plaintiffs as their wrongful death attorney, and work to demonstrate the liability of the automaker and distributors.

The lawsuit was filed on November 21st in an Zandt County District Court before being removed to the Easter District of Texas, Tyler Division on January 7th by the defendant, allowing for the proceedings to begin in earnest as the family of Bryan hopes to recover full compensation for their losses and the death of Shonnie.

What You Need To Know About Vehicular Accidents

Defects in the design or manufacturing of an automobile can prove exceptionally hazardous to both the driver and passengers of a vehicle as well as anyone else who may be on the road. Because of the remarkable complexity of most modern automobiles, even a minor defect can have much broader consequences than might be expected. Therefore, the manufacturers of automobiles are held to a considerable level of liability for any defects which may occur in their vehicles.

Like most other forms of civil law, lawsuits brought against the manufacturers of defective automobiles are generally intended to restore damages that those who have suffered injury as a result may have incurred. However, because of the substantial public safety threat that a defective motor vehicle can pose, the manufacturer may also be assessed punitive damages to ensure that no such problems occur in the future.

Car AccidentIt is not, however, exclusively the part of the vehicle’s manufacturer to assume liability for every component of the vehicle. Because the actual production of many of the parts which make up a finished car are outsourced to other companies, a vehicular defect may leave the part’s manufacturer, and not the vehicle’s producer, legally liable. Generally speaking, car accident attorneys are capable of determining which party (or parties) should be held accountable for injuries caused by a defective automobile, but for the purposes of this article, a case-based examination of several well-known vehicular defect suits can help to clarify the issue.

Vehicular Defects: A Case-Based Examination

One of the most well-known recent incidents involving a vehicular defect related to vehicles produced by Toyota Motor Corporation. Between 2009 and 2011, problems resulting in sudden unintended acceleration of Toyota vehicles of a variety of different models came to light. In some instances, this led to the death of the vehicles’ occupants, as well as serious injuries to drivers of nearby vehicles. As a result, Toyota recently reached a settlement of more than $1 billion dollars for damages caused.

While the Toyota cases assigned liability solely to Toyota Motor Corporation, problems associated with the Ford Explorer in the 1990s involved multiple party liability. Both Ford Motor Company, which produced the Explorer, and Firestone Tire and Rubber Company, which manufactured the tires used on the Explorer, have been held liable for the many deaths and injuries that occurred in rollover accidents involving the vehicle throughout the 1990s, jointly and separately.

Beware Of Wrongful Diagnosis

In medical settings, all doctors and medical care providers are expected to give their patients a level of care that meets certain minimum standards of competence. Failure to meet these standards may expose them to liability for injuries or illnesses which occur as a Wrongful Diagnosis Schemataresult of their inadequate care. Wrongful diagnosis is one way in which a doctor’s failure to meet the standards expected of their profession can result in their being held liable for medical malpractice.

Wrongful diagnosis can be extremely damaging to a patient, especially if the patient has a serious medical condition that requires swift, aggressive treatment in order to be dealt with successfully. When a doctor incorrectly diagnoses a patient with such a condition, they may leave them unable to recover from the effects of their illness. For this reason, the patient and their family may be entitled to seek financial compensation for the damages caused.

However, not all wrongful diagnoses are grounds for a medical malpractice lawsuit. In fact, most wrongful diagnoses are in line with the standards expected of a medical care provider, as many illnesses have symptoms which are fairly general, making diagnosis considerably more difficult. Generally speaking, in order for a patient to have a case for medical malpractice as a result of wrongful diagnosis, they must be able to show one of two things:

  • ŸEither the physician failed to include the patient’s condition in the list of ailments with which they might diagnose them (but a reasonably competent doctor would have)
  • ŸOr the physician did include the condition in the list of possible diagnoses but failed to conduct appropriate tests or otherwise act to investigate the possibility

In order to demonstrate that either of these factors led to the misdiagnosis, the representation of an experienced medical malpractice lawyer is often necessary in order for the patient to successfully seek the compensation they need.

What is Medical Malpractice?

Many people have heard the term “medical malpractice,” but they are unsure what this term really means. In general, medical malpractice refers to an incident in which any Medicine Artmedical practitioner has been reckless or negligent in his or her duties, and a patient was subsequently injured or made ill through that recklessness or negligence. A medical practitioner might be a doctor, surgeon, nurse, pharmacist, or other practitioner, and anyone could be a victim.

Unfortunately, many people are wrongly injured through medical malpractice. The injuries that result from such incidents are widely varied, but they can all be very expensive, depending on the severity and the person involved. Some victims have to seek even more medical treatment because of the side effects of medical malpractice, and this extra treatment can be very expensive. Depending on a particular individual’s circumstances, however, sometimes financial compensation is available to help make these costs more manageable.

Types of Medical Malpractice

There are many different types of medical malpractice, each one with its own seriousness and potential side effects. Some examples include:

  • Misdiagnosis
  • Surgical errors
  • Emergency room errors
  • Lack of informed consent
  • Birth injuries
  • Delayed diagnosis
  • Hospital negligence
  • Improper treatment
  • Wrongful death

All of these kinds of medical malpractice can, of course, result in serious damage to an innocent victim. If that victim has to seek further medical attention or treatment, he or she might be facing medical bills that are out of his or her financial range. While this situation can be frightening, of course, it is important to know that many victims of medical malpractice are able to claim compensation for their injuries.

If you or a loved one has suffered wrongly at the hands of an irresponsible or negligent medical practitioner, you might actually qualify for financial compensation. In a lot of cases, it’s wise to seek the advice of an experienced medical malpractice lawyer today to discuss how you can pursue such compensation through the justice system. Just our two cents..

Types of Product Liability

Most of the products that a consumer purchases on a regular basis are heavily tested and extremely safe for their use. However, in some cases, a dangerous or defective product will be sold to an unsuspecting buyer, with the potential to cause them serious injury. When this happens, it may be grounds to pursue a product liability lawsuit.

There are three main types of product liability case: design defects, manufacturing defects, and marketing defects. Design defects involve issues with the underlying design of a product, which makes every version of that product unsafe for use. Manufacturing defects involve problems in the production of a product, rendering one or multiple versions of an otherwise-safe product dangerous to consumers. Marketing defects involve packaging or advertising that fails to warn consumers of legitimate dangers known to be associated with a product.

Products In Production

If you would like to learn more about the various types of product liability or whether your injury may have occurred as a result of a defective product, contact a personal injury lawyer today to speak with a qualified legal professional who can give you the advice you need.Most of the products that a consumer purchases on a regular basis are heavily tested and extremely safe for their use. However, in some cases, a dangerous or defective product will be sold to an unsuspecting buyer, with the potential to cause them serious injury. When this happens, it may be grounds to pursue a product liability lawsuit.

There are three main types of product liability case: design defects, manufacturing defects, and marketing defects. Design defects involve issues with the underlying design of a product, which makes every version of that product unsafe for use. Manufacturing defects involve problems in the production of a product, rendering one or multiple versions of an otherwise-safe product dangerous to consumers. Marketing defects involve packaging or advertising that fails to warn consumers of legitimate dangers known to be associated with a product.

If you would like to learn more about the various types of product liability or whether your injury may have occurred as a result of a defective product, contact a personal injury lawyer today to speak with a qualified legal professional who can give you the advice you need.

Refusing a Breathalyzer

Many people who are pulled over for being suspected of driving under the influence of alcohol are asked to take a breathalyzer test in order for the officer to determine whether or not the individual was driving while over the legal limit.  Those who refuse to take this test may face some legal penalties as a result, although they may also avoid inaccurate breathalyzer results which can be unfairly incriminating.

For many states, the refusal consequences include license suspension for 180 days to two years, depending on whether or not you have previously refused a breathalyzer test and the circumstances of your alleged crime.  The exceptions to this rule include Vermont, Alaska, Nebraska, Ohio, Minnesota, and California.  If you refuse a breathalyzer in these states, you can be sent to jail.

In the majority of states, the refusal cannot be held against you in your DUI/ DWI case, although it is important to understand the laws as they pertain to your state.  By working with an attorney, you may be able to eliminate some of the stress of the situation and trust your lawyer to handle the specific details. Contact a car accident lawyer if you would like more information about this subject.

Premises Liability

Everyone has the right to feel safe when they visit someone else’s property, and there are specific laws in place known as premises liability laws that protect the legal rights and interests of those who have been injured because of dangerous conditions on someone else’s property. Although the specifics of premises liability vary from state to state, they largely apply to private properties, government buildings, retail shops, offices, and other public spaces.

Some of the most common accidents that occur on unsafe property are slip and fall accidents. Slippery floors, unstable surfaces, and a general lack of safety precautions can lead to a slip and fall accident which in turn, can result in serious injuries and pain and suffering for victims.  Often, those who are injured are interested in pursuing financial compensation from the responsible property owner, in which case, it may be helpful to work with an experienced personal injury lawyer.

There are many factors which can affect a person’s eligibility for financial compensation after a slip and fall accident, so discussing the incident that caused your fall with a lawyer is a helpful step in pursuing the compensation you need.

Shigella Outbreak Continues in Florida

Okaloosa County, Florida is experiencing an outbreak of the Shigella.  This contagious bacterium usually appears up to 3 times a year, but so far in 2012, the Okaloosa County Health Department reports that there have been 49 confirmed and probable cases.  Shigella is typically identified by fever, abdominal pain, vomiting, and diarrhea, but other complications may also arise.

Shigella is similar to E. coli and salmonella in that it is extremely contagious.  Contaminated food and drink is the number one cause of Shigella exposure, and children are the most at risk.

Treating Shigella

Mild cases of Shigella may clear up on their own, but in some situations, medical treatment is recommended.  Typically, the victim will suffer from related symptoms for 5-7 days, although antibiotics may help in reducing the duration of the illness.  The U.S. Centers for Disease Control and Prevention (CDC) suggests a course of:

  • Antibiotics such as ampicillin, Bactrim, or ciprofloxacine.  Healthy adults may not necessarily need antibiotic support, but children, the elderly, and individuals suffering from other health complications can benefit from this treatment.
  • Fluids to counteract the effects of dehydration.  Both oral fluids and the use of intravenous hydration are utilized in the treatment process.

Victims should not utilize medications targeted at stopping diarrhea because they can worsen the condition and counteract the benefits of antibiotics.

Preventing the Spread of Shigella

In order to prevent the spread of Shigella and other types of food poisoning, people must take time to wash their hands thoroughly and properly disinfect food preparation areas.  Individuals experiencing symptoms of Shigella infection should avoid preparing food, playing with pets, and touching others.

Food Poisoning Dangers

When manufacturers, restaurant employees, or other food handlers are negligent in their duties to safely prepare and package food, bacteria such as Shigella can spread rapidly, putting many at risk.  Working with a personal injury lawyer may help victims understand their legal rights and take necessary action for compensation.