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Personal Injury Law

Charlottesville Personal Injury Lawyer

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Last Entry: May 20, 2010 at 14:17:20

Could Heparin Manufacturer Baxter Inc. Have Done More?

Posted on May 25, 2008
The heparin tragedy has made Americans aware that Chinese-made products need to be inspected as thoroughly as products made in the United States. They must meet U.S. health and safety standards. More than eighty-one people in the United States between January 2007 and March 2008 have deaths linked to tainted heparin from China...

New Report Shows Toxic Formaldehyde In Children's Furniture

Posted on May 25, 2008
A new environmental report, published by Environment California, claims cribs and changing tables may be exposing babies to unhealthy levels of formaldehyde. Formaldehyde is a chemical typically used in consumer products and building materials. About six out of the twenty-one nursery furnishings tested emitted formaldehyde at levels high enough to prompt allergy and asthma attacks in children...

FDA Refuses To Give Budget For Modernizing Plan

Posted on May 25, 2008
At a Senate hearing several weeks ago, Janet Woodcock, director of the Food and Drug Administration's Center for Drug Evaluation and Research, assured the American public that the heparin found in the United States is safe. Heparin is a blood-thinning drug sold by Baxter International...

Soccer Goal Post Kills Yet Another Young Child

Posted on May 14, 2008
Eight-year-old Gabriel Mendoza, from Phoenix, Arizona, has died after a soccer goal post fell on top of him at a local YMCA. Investigators say the boy, who was playing goalie at the time, grabbed the overhead bar to swing from it when it all came crashing down...

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Politics Hindering EPA Warnings?

Posted on May 13, 2008
A new government report, made by the investigative arm of Congress, implies the Environmental Protection Agency (EPA) is being increasingly influenced by non-scientists. The report also suggests political pressure may be putting Americans' health at risk...

FDA Advisers Ask Agency To Update Lasik Eye Surgery Precautions

Posted on May 13, 2008
Patients harmed by Lasik eye surgery met with federal health advisers to complain of severe eye pain, blurred vision and even a son's suicide. Advisers have asked the Food and Drug Administration (FDA) to warn the American public more clearly about the dangers that can arise from the popular surgery in which doctors cut a flap in the cornea, aim a laser under it and zap to reshape the cornea for sharper sight...

Federal Pre-emption of States' Rights and State Law Presents Dangers

Posted on May 07, 2008
The Bush administration, along with the pharmaceutical industry, is attempting to prevent consumers from being able to file damage suits for injuries caused by federally approved drugs. The Supreme Court has already barred lawsuits from being made against federally approved medical devices, even if the device injured a patient...

Allstate - McKinsey Documents Did Not Include Information On Catastrophic Claims

Posted on May 06, 2008
A few weeks ago, Allstate Corp. posted 150,000 pages of material on the company's website that were produced in the 1990's about over-hauling the company's claims-handling process. These highly anticipated and publicized Allstate documents, also called the McKinsey documents, contained mind-numbing information on processing auto insurance and homeowner's claims, however, nothing was written on how the company handles catastrophe claims, such as Hurricane Katrina...

Lawsuits Against Drug Manufacturers May Be Stopped By Supreme Court Decision

Posted on May 05, 2008
In October, a decision is being made by the Supreme Court that could jeopardize a patient's right to sue a drug company if a drug that was approved by the Food and Drug Administration (FDA) harmed them. This important case, pending before the Supreme Court, comes after a woman, who lost her arm to gangrene, was inappropriately injected with a drug manufactured by Wyeth pharmaceuticals...

Virginia Legislators To Decide Whether Cap On Negligence Payment Should Be Increased

Posted on May 04, 2008
Several Virginia legislators are deciding whether the limits on the state's liability should be increased after the Virginia Tech shootings last April. The $100,000 limit on tort claims against the state has not been raised since 1993, leaving it as one of the most restrictive caps in the United States...

Better Resources and Additional Funds Sought To Improve Foreign Drug Oversight

Posted on May 04, 2008
Congress is seeking funding for additional federal safety inspectors and for an increase in the policing of overseas suppliers. This moves comes after the influx of contaminated drugs, pet food and toothpaste from China. The commissioner of the Food and Drug Administration (FDA), Dr...

Study Claims I.R.S.'s Scrutiny On Large Firms Is Decreasing

Posted on April 23, 2008
A new study, conducted by the research group Transactional Records Access Clearinghouse (TRAC), has shown corporate America fears the Internal Revenue Service (I.R.S.) less than it used to. The study shows the I.R.S.'s scrutiny of the country's biggest companies is at a twenty year low...

CSI Toy Kits May Contain Asbestos

Posted on April 23, 2008
CBS Corp, a toy maker and several retailers were sued after an asbestos awareness group from California alleged asbestos was found in the companies' "CSI: Crime Scene Investigation" toy crime-scene kit, based off of the popular CBS television show. The lawsuit claims laboratory tests revealed large quantities of tremolite asbestos, one of the most lethal forms of asbestos, in the kit's fingerprint dusting powder...

Washington Governor Set To Vote On Strict Bill On Child Products

Posted on April 21, 2008
Washington's governor, Christine Gregoire, is expected to sign a bill, called the Children's Safe Products Act, that would give her state some of the toughest rules in the nation prohibiting toxic materials in children's products. It is unclear, however, just how broad the measure will be...

'Silent Tort Reform' Called On Product Liability

Posted on April 21, 2008
Called "silent tort-reform" by plaintiffs' attorneys, the Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), and National Highway Traffic Safety Administration (NHTSA) have declared that consumers cannot sue the manufacturers of products that met the agency's standards even if an injury was incurred...

Arbitration Agreements Becoming More Prevalent

Posted on April 21, 2008
Binding arbitration agreements between doctors and patients, where patients waive their right to a jury trial, are becoming more and more prevalent since it typically costs less than litigation, takes up less time and is convenient for both parties. An increasing number of physicians, nursing homes and healthcare systems are requiring patients sign these agreements before offering them their services...

Congressional Committee Looking Into Chemistry Industry's Ties to EPA

Posted on April 21, 2008
A congressional committee is investigating links between the chemical industry and the Environmental Protection Agency's (EPA) expert review panel, to help determine safe levels of a variety of chemical compounds. Documents from the EPA and American Chemistry Council are being used to probe the jobs of nine scientists currently on the EPA panel and those who have served on the panel in the past...

Appellate Court Upholds Asbestos Settlement

Posted on April 09, 2008
A California state appeals court upheld an award of over $11 million to Joseph and Mary Garza. Mr. Garza contracted asbestosis, an incurable lung disease, after being exposed to asbestos in Navy shipyards from the 1940s and 1950s. The jury ruled the company knew about the dangers of the product since the 1940's and failed to put warnings labels on it until the 1970's...

Two Drug Companies Criticized For Delaying Release of Trial Results

Posted on April 05, 2008
In a critical trial of two widely used heart drugs to lower cholesterol, Zetia and Vytorin, the lead investigator has said the drugs' manufacturers, Merck and Schering-Plough, were purposely delaying the release of the trial results to hide something...

While Foreign Pharmaceutical Production Increases, FDA's Foreign Inspection Decreases

Posted on April 05, 2008
Heparin, a blood thinner manufactured in China, has been linked to nineteen deaths. The Food and Drug Administration (FDA) only became aware of the problem after many people became sick. The agency admitted it violated its own policies by failing to inspect the Chinese plant...

Federal Officials Find Mystery Ingredient In Heparin-Is it a Chinese Counterfeiting Scam?

Posted on April 05, 2008
Federal drug regulators suspect Americans might have been the victims of a lethal Chinese drug counterfeiting scheme after the mystery ingredient in certain batches of heparin was found to be an inexpensive and unapproved ingredient, mimicking the real thing...

Bush Administration And Congress Renew Steps In Ensuring Consumer Product Safety

Posted on March 26, 2008
With the importation of many cheap goods, along with the weakness of the nation's regulatory system, millions of products were recalled last year. In the past, the Bush administration has had little motivation in trying to make regulation industries, such as the Consumer Product Safety Commission (CPSC), up to date, ignoring the shrinking staff and out of date technology...

Industries Rushing To Cement Favorable Regulations, Taking Rights Away from Citizens

Posted on March 26, 2008
The Bush administration is being pressured by industries, from agriculture to power, to act on an abundance of pending regulations, mostly challenging the Environmental Protection Agency (EPA). For example, last month, power companies and manufacturers took their objections about an expected EPA proposal to tighten federal smog rules to the White House budget office...

Bush Administration And Congress Renew Steps In Ensuring Consumer Product Safety

Industries Rushing To Cement Favorable Regulations, Taking Rights Away from Citizens

MEGA Brands Issues Giant Recall On Magtastik, Magnetix Jr., and MagnaMan Toys

Posted on March 24, 2008
MEGA Brands America Inc. issued a recall on about 2.4 million Chinese-manufactured toys last week due to small magnetic components falling out of its toys, resulting in a choking hazard. MEGA Brands is recalling about 1.1 million Magtastik and Magnetix Jr...

Lawsuit Filed By Family of Boy Killed by Unsecured Soccer Goal

Posted on March 24, 2008
Charlottesville, Va. (March 17, 2008) A lawsuit was filed today in the Circuit Court of Prince William County, Virginia on behalf of the Estate of Hayden Ellias, the 10 year-old boy who died when an unsecured soccer goal fell over and killed him. The estate is represented by attorneys Shawn S...

Biggest Verdict Ever Reached In Asbestos Related Case

Posted on March 24, 2008
A San Francisco Superior Court jury has ordered Georgia Pacific Corp., an asbestos manufacturer, to pay over $7 million in damages, in the largest asbestos-related verdict ever. The decision came after the manufacturer exposed a onetime film actress and singer, Joan Mahoney, to fibers, causing her to contract terminal cancer, mesothelioma, while she was working in a home-remodeling business with her husband, Daniel Mahoney...

Patient Awarded $40.1 Million In Burned Heart Case

Posted on March 24, 2008
A Washington State Superior Court jury awarded $40.1 million, including $8.35 million in punitive damages, to Paramjit Singh who had to undergo a heart transplant because his was so badly damaged by a defective machine during an operation. The incident in question happened in October 2004, when Singh checked into Providence Everett Medical Center for cardiac bypass surgery...

California Appellate Court Refuses to Change Its Ruling Against Ford

Posted on March 24, 2008
A California state appellate court stood by its earlier ruling, instructing Ford Motor Co. to award $82.6 million in damages to Benetta Buell-Wilson claiming faulty design caused her wreck, even after the Supreme Court asked them to reconsider. The three appellate justices said the case used by the Supreme Court for precedent did not contain anything that warranted a change in their judgment...

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