Articles Tagged with lawsuit

A few inches of snow might signal a typical winter day in some states, but in the temperate South, a few flurries can wreak havoc. This was the case in Atlanta on Jan. 28, as citizens quickly realized the seemingly harmless snowfall was anything but. Thousands of people left work early and fled to their cars in an attempt to make it home before the light snowfall turned the roads into perilous paths of ice. The mass exodus of drivers simultaneously fleeing the city combined with the dangerous conditions caused disastrous traffic jams and more than 1,000 accidents.

Now that the disaster has ended, we can reflect back on the legality of the matter. Amid the praises of relief and gratitude expressed towards the kind souls who helped their fellow citizens during the catastrophe, there were also several cries of outrage. Many employees were enraged that companies didn’t think to close their offices, with some even blaming their employers for accidents they got into on their way home. This predicament raises the question: Can employers be held liable if employees get in weather-related accidents driving to or from work?

Source: CNN

You may recall, last year, when more than 4,000 former NFL players filed a class-action lawsuit against the league. The suit was filed on the basis that the league knew about the long-term medical risks associated with on-field head injuries, yet did nothing to inform the players during their time in the NFL, or assist afflicted players after their football careers had ended. After months of negotiating, both the league and the former players agreed to a settlement of $765 million. Now, however, the case has hit an unexpected delay that has some players worried it could take years before they see a dime.

After the negotiations last summer, the lawsuit was given to Judge Anita Brody for preliminary approval. Last Tuesday, Brody stunned those following the case by denying the preliminary motion. In her ruling, Brody stated she was unconvinced that the amount of money agreed upon would be enough to compensate all of the former players, and that she would like to see more data and analysis to prove that the funds are sufficient. Spokesman for the NFL, Greg Aiello, expressed confidence that the funds are adequate, but Brody will take the case no further until she receives additional documented proof.

The plaintiff lawyers accused of not negotiating enough money out of the NFL have held their ground, stating that their clients would be adequately covered by the amount agreed to in the settlement. If they cannot provide enough evidence to satisfy Brody, there are two options: they can go back to the mediation room and try to get the NFL to shell out more money, or they can take the case to trial—which would be costly for both sides, and could take years to reach a conclusion.

More than 1.5 million people are injured each year in the U.S. due to medication errors, and about 7,000 are killed. When doctors or pharmacists makes a mistake with prescription medications, the consequences can be fatal.

Claims for prescription errors are often based on simple negligence, but can be attributed to professional malpractice. The following are the most common mistakes made by both doctors and pharmacies:

  • Failure to notify patient of possible side effects.

The California Courts have awarded a grandmother $3 million in a wrongful death suit stemming from a 2010 car accident.

The traumatic accident occurred when an 81-year-old woman driving a Hyundai made an unsafe turn at an estimated 50 mph and collided into the center median, turning head-on into a Mazda holding two grandparents and their three grandchildren.

The grandmother’s husband of 48 years was killed in the accident and her three grandchildren were severely injured.

The actor-husband of Valerie Harper, better known as Rhoda Morgenstern on “The Mary Tyler Moore Show” and “Rhoda” in the 1970s, has been awarded $156,000 in a Georgia court this week.

The case began in 2008 when Harper’s husband, Tony Cacciotti, tried to enter a car driven by a volunteer at the Atlanta Jewish Film Festival. As he was stepping inside the car, the driver rolled over Cacciotti’s foot.

An MRI showed Cacciotti suffered from a tear to the tendon in his ankle. His doctor then ordered strict physical therapy. Cacciotti, a former personal trainer, had to restrict his usual long runs to rare short walks.

According to ABC News, the family of a Californian toddler will receive $10 million a medical malpractice settlement.

In November of 2010, the  two year old’s parents took her to a Sacramento Hospital with a fever, skin discoloration, and weakness. After waiting five hours without seeing a specialist, she was flown to another healthcare facility. The second healthcare provider determined she was suffering from streptococcus A bacteria. Due to the extended wait, the bacteria had invaded her blood and organs, leading to a necessary amputation.

The settlement with the Sacramento hospital and its parent company, Catholic Healthcare West, ranks among the largest in California history, according to medical malpractice attorneys.

According to WSAV.com, the family of former Lee County Commissioner, who was shot a year ago, has filed a wrongful death lawsuit against the company that was monitoring the electronic device that the suspect was ordered to wear.

The company was responsible for monitoring the suspect’s house arrest anklet but did not take action when the suspect violated the terms of house arrest. The Lee County family is alleging negligence on the part of the monitoring company.

If you and your family are experiencing pain and suffering due to a loved one’s death and feel that a third party is responsible for your loss, please contact McAleer Law to get the justice you deserve.

A recent report warns that metal-on-metal hip implants are failing at an alarming rate. Hip implants such as the DePuy Pinnacle Ultamet and the DePuy Orthopedic ASR, which have been recalled, fail in one-third of patients. Metal-on-metal hip replacement devices were designed to be more durable than traditional hip replacement devices; however, they have a significantly higher early failure rate than hip replacement devices made with ceramic and plastic components.

Artificial hips are typically expected to last 15 years before replacement is needed. Some reports indicate that all-metal hips are failing after only five or six years. Failure of a hip implant device often causes extreme pain and mobility issues, and may require the patient to undergo revision surgery which comes with an added risk of complications.

A concern with all-metal hip replacement devices is that debris can come loose from the joint and be absorbed by the patient’s soft tissue surrounding the joint, creating a condition known as metallosis. The uncertain effects of any release of cobalt and chromium ions into the patient’s blood are also a concern.

A jury has found Yamaha responsible for a 2005 Wave Runner accident that killed a 14-year old girl and injured her best friend. The jury awarded $19 million to the parents of the young woman that was killed and $16 million to the injured friend.

It was determined that Yamaha Motor Corp. USA failed to correct steering problems with the watercraft and subsequently failed to warn people of the hazards created by the failure.

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A teenager was left permanently paralyzed from the waist down after an epidural anesthetic was left in her spine for too long. The young woman was 14 years old when she went in for a routine operation to remove gallstones.

During the patient’s hospital stay, the hospital staff had been told that the numbness had spread to both her legs and she was unable to move her feet. The anesthetic was not removed until 48 hours after the patient’s operation, by which time it had entered the girl’s spinal cord and damaged the membrane.

The girl’s attorney said that the hospital’s full admission of liability now paves the way for a settlement of this medical malpractice claim that will provide the girl with the financial support she will need to pay for specialist care and equipment for the rest of her life.

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