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Personal Injury Law

Bodily Injury Blog

By Edward ("Ted") Bills

Post Frequency: 10.4/day

Last Entry: January 08, 2020 at 18:47:54

FDA Announces New Pistachio Recall

Posted on June 24, 2009
Pistachios distributed to airports and hotels nationwide may contain salmonella, the Food and Drug Administration warned consumers on Monday. According to the agency, California Prime Produce and Orange County Orchards brands of pistachios may contain nuts included in a previous recall of Setton Pistachio of Terra Bella Inc...

Court Rules Malpractice Suit Should Proceed

Posted on June 24, 2009
A Wisconsin judge erred in dismissing a medical malpractice lawsuit filed by an elderly woman, a state appeals court has ruled. According to the lawsuit, Dr. Mark Wikenheiser was negligent in causing nerve damage and partial foot paralysis during a 2003 hip surgery...

Jury Hears Closing Arguments in Wrongful Conviction Case

Posted on June 24, 2009
Federal jurors in Houston heard closing arguments Tuesday in a case involving a man who spent 17 years in prison after being wrongly convicted of kidnapping and sexual assault. Attorneys for the plaintiff urged the jury to award the man $35 million and hold the city responsible for misconduct by the Houston crime lab that [...

Juries Hand Down Sizeable Awards in Med-Mal Cases

Posted on June 24, 2009
Juries in Indiana have awarded plaintiffs $1.21 million and $5 million in two medical malpractice cases, the Indianapolis Star reports. The verdicts stem from cases involving an unnecessary foot surgery and a miscommunication about X-rays which caused the plaintiff to lose a portion of her stomach...

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Judge Awards Damages to Paralyzed Trucker

Posted on June 24, 2009
A Florida judge on Tuesday awarded $14.6 million to a truck driver paralyzed in a 2007 accident. According to an attorney for Derry Brown Jr., the suit was filed against National Casualty Co. as an uninsured motorist claim. The accident occurred when the driver swerved to avoid another driver who ran a stop sign...

Settlement Reached in Firefighter?s Death

Posted on June 22, 2009
Frederick County (Maryland) reached a $300,000 settlement in the death of Andrew J. Waybright, a firefighter who died of heatstroke in 2002 while training for a full-time position with the county. His parents filed a wrongful death suit against the county after the 23-year old died, claiming the county was negligent by not identifying their [...

Age Discrimination Case Overturned by Supreme Court

Posted on June 22, 2009
The U.S. Supreme Court overturned an award in an age-discrimination case, finding that plaintiffs must meet a higher standard when filing claims under the Age Discrimination in Employment Act than when filing claims under Title VII, which covers racial and gender discrimination...

TSA Sued Over Searches

Posted on June 22, 2009
In March of 2009, Steve Bierfeldt was travelling through Lambert-St. Louis International Airport when he was detained by the Transportation Security Administration for nearly 30 minutes after he put about $4,700 in cash through a security x-ray machine...

Nurses Can Provide Expert Testimony in Pennsylvania

Posted on June 22, 2009
A Pennsylvania state ban on allowing registered nurses to provide expert testimony has been overturned by the Pennsylvania Supreme Court. The impact of the decision may be limited because of 2002 legislation known as the MCARE Act which requires expert witnesses in medical professional liability cases to be a registered physician or a recent retiree...

Group Threatens Suit Over Bayer?s Health Claims

Posted on June 22, 2009
Bayer HealthCare’s claims that it’s One-A-Day Men’s Health Formula and 50+ Advantage supplements help prevent prostate cancer are misleading, according to a statement released by The Center for Science in the Public Interest. The group said it intends to sue the company if it does not stop airing ads claiming the ingredient selenium provides protection [...

Lawsuit Filed Over Commuter Plane Crash

Posted on June 18, 2009
Continental Airlines and Colgan Air were negligent in the crash of a commuter plane crash near Buffalo, N.Y. earlier this year, a lawsuit filed by the family of a man killed in the crash claims. In the lawsuit, the wife of Coleman Mellett alleges that the carriers were recklessly and wantonly negligent in the crash...

Worker Settles Suit Over Ferry Accident

Posted on June 18, 2009
A general contractor has agreed to pay $1 million to settle a lawsuit filed by an electrician who fell through a hole in a fueling pier at the St. George Ferry Terminal in 2006. According to the lawsuit, Russell Menicucci suffered herniated discs in his neck and back when he stepped through a large hole [...

Jury Awards Damages for Misdiagnosis

Posted on June 18, 2009
An Indiana jury has ordered several Indianapolis health care providers to pay a combined $5 million to a woman who was misdiagnosed in 2000. According to the lawsuit, Clarian Health Partners, Radiologic Specialists of Indiana and Dr. Richard L. Gilmor failed to diagnose that the woman had suffered a ruptured diaphragm...

Judge Sides With Worker in Whistleblower Complaint

Posted on June 18, 2009
A Michigan judge has ordered the City of Detroit to pay damages to a former fire department EMS worker who claimed he was fired for reporting an alleged assault by the wife of former mayor Kwame Kilpatrick. Oakland County Chief Circuit Judge Wendy Potts issued a default judgment after attorneys for the city failed to [...

Medtronic Discloses Payments to Accused Doctor

Posted on June 18, 2009
A former military surgeon accused of falsifying medical research received more than $780,000 from Medtronic between 2001 and 2009, according to information released on Wednesday by the company. Medtronic said the payments to Dr. Timothy R. Kuklo were reimbursement for travel expenses, speaking engagements, training other doctors or other consulting services...

FDA: Cold Remedy Could Damage Sense of Smell

Posted on June 17, 2009
A popular cold remedy could irreparably damage its user’s sense of smell, the Food and Drug Administration warned consumers Tuesday. According to the agency, there have been 130 reported cases of consumers who used Zicam nasal products losing their sense of smell since 1999...

Lawsuit Filed Over Baby Gender Test

Posted on June 17, 2009
The maker of a prenatal gender test defrauded six New York City mothers, according to a lawsuit filed Monday in Manhattan. In the lawsuit, an attorney for the women claims that the $275 Baby Gender Mentor test by Acu-Gen Biolab Inc. returned inaccurate results...

Family Files Suit Over Fatal Bridge Crash

Posted on June 17, 2009
A woman charged in a crash that led to the death of a truck driver on Maryland’s Bay Bridge last year has been named in a lawsuit by the trucker’s family members. According to the lawsuit, Candy Lynn Baldwin was under the influence of alcohol at the time of the accident...

Jury Dismissed in Wrongful Death Case

Posted on June 17, 2009
A Florida judge has dismissed the jury in a wrongful death case stemming from a 2005 brawl that left one man dead, according to the St. Petersburg Times. Attorneys for the plaintiff, the newspaper reports, objected to the jury after uncovering evidence that some of the jurors failed to respond accurately to jury questionnaires...

Lawsuit Claims Lender Defrauded Investors

Posted on June 17, 2009
Hundreds of Hurst Financial investors have filed a lawsuit against the lender, a Houston-based title company and others over what they allege was a multimillion-dollar Ponzi scheme. In the lawsuit, plaintiffs allege that Hurst and Stewart Title defrauded investors by creating fake escrow accounts used to pay off previous investors...

Venue for Air France Crash Lawsuits Up in the Air

Posted on June 17, 2009
Attorneys for the families of victims of the Air France Flight 447 crash are wrangling over the proper venue for future lawsuits, Bloomberg News reports. According to the outlet, the jurisdiction in which future suits are heard could prove vital in determining potential damages...

Study: ADHD Drugs May Increase Risk of Death

Posted on June 16, 2009
Medicines used to treat attention-deficit hyperactivity disorder in children may increase the risk of sudden unexplained death, a new study has concluded. According to the study, funded by the Food and Drug Administration and the National Institute of Mental Health, children taking stimulant ADHD drugs such as Ritalin were several times more likely to die [...

Tyson Foods Fined in Plant Death

Posted on June 16, 2009
A federal court has ordered Tyson Foods to pay $500,000 in fines for safety violations that led to the death of a worker at one of its Arkansas poultry facilities. The Occupational Safety and Health Administration had argued that Tyson had willfully disregarded safety measures to prevent poisonous fumes at the rendering plant...

Lawsuit Filed Over ConAgra Plant Blast

Posted on June 16, 2009
A maintenance contractor was negligent in a blast last week at a North Carolina ConAgra Foods plant, according to a lawsuit filed by two injured workers. The lawsuit names Southern Industrial Constructors which had been contracted to perform work in an area of the plant where the explosion is believed to have originated...

Lawsuit Filed Over Fatal Auto Crash

Posted on June 16, 2009
The families of four people killed in a drunken driving accident earlier this year filed a lawsuit accusing a Missouri police officer of negligence in the crash. According to the lawsuit, Christine L. Miller drank heavily at O’Leary’s Restaurant & Bar prior to the crash...

State Failed to Rehire Soldier, Lawsuit Says

Posted on June 16, 2009
Federal officials filed a lawsuit Monday accusing Nevada and the state controller’s office of violating the Uniformed Services Employment and Reemployment Rights Act. In the lawsuit, the Justice Department claims that state violated USERRA when it failed to promptly rehire a chief deputy controller after he returned from active military duty...

Target Challenging Award to Wrongly Accused Woman

Posted on June 15, 2009
Target Corp. is challenging a $3.1 million verdict in favor of a South Carolina woman who was wrongly accused of trying to counterfeit money at a Greenville store in 2006. In rejecting the retailer’s motion to overturn or alter the jury verdict, U...

Jury Awards Damages in Electrocution Case

Posted on June 15, 2009
A South Carolina jury has awarded $9 million to the mother of a 21-year-old man who died after being electrocuted by a downed power line in his driveway. According to the lawsuit, Progress Energy was negligent because it failed to respond to numerous warnings regarding hazardous conditions around the power line in the months prior [...

Appeals Court Reverses Self Retaliation-by-Association Suit

Posted on June 15, 2009
A federal appeals court has upheld the dismissal of a lawsuit filed by a man who claimed he was fired because his co-worker and fiancée filed a gender discrimination complaint against their employer. In a reversal from a previous ruling, a full panel of the 6th Circuit Court of Appeals found that Title VII of [...

Bankruptcies Put Brakes on Suits Against Automakers

Posted on June 15, 2009
The bankruptcies of Chrysler Group LLC and General Motors Corp. have thrown scores of injury lawsuits into what one expert called "murkier waters" of the law’s treatment of future tort claims. In hopes of preserving consumers’ rights to recover damages, consumer organizations and plaintiff lawyers are petitioning the Supreme Court to preserve current and future [...

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