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Personal Injury Law

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Last Entry: April 05, 2010 at 21:28:05

Obama team reviewing last minute "midnight" regulations.

Posted on January 20, 2009
The Chicago Tribune (1/20) reports that "Obama's team is conducting a wholesale review of scores of rules and regulations set in motion by Bush administration officials as his term wound down, the aides said, with an eye toward putting them on hold until the review is completed...

European Union Parliament votes to ban pesticides

Posted on January 16, 2009
The Canary Report today covers a story that should make hawaii legislators think hard about why pesticides are rampant in the Hawaii environment. Here is their report: January 16, 2009 by Susie Collins If turned into law, the tighter rules would be phased in from next year with the aim of halving toxic substances on plants by 2013...

GAO report says FDA approved some medical devices without close scientific review.

Posted on January 16, 2009
The New York Times (1/16, A15, Harris) reports, "Most medical devices have never been shown to be safe or effective, and for the riskiest devices this must change, Congressional investigators concluded in a report released Thursday." While the FDA "has promised for decades that it would fix the problem, it has not, leading the Government Accountability Office to state in the report that 'it is imperative that the FDA take immediate steps' to fix its system for approving devices...

Hawaii Headline: "Insurer punished for failing to pay claim"

Posted on January 15, 2009
Tom Finnegan reports in the Honolulu Star Bulletin that Kauai Judge Randal Valenciano has ordered Hawaii Employers' Mutual Insurance Company (HEMIC), an insurance company that advertises heavily in the Hawaiian Islands, to pay $325,000 to an 80-year-old woman who was forced to rely on handouts from neighbors when the company refused to honor her claim...

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Women and Cancer in Hawaii - Ten Key Symptoms To Watch For

Posted on January 14, 2009
The top 10 is one of my favorite parts of the David Letterman show and it always makes me laugh. The Top 10 list below however is dead serious because it is a guide to women to catch cancer early when a cure is possible. Women often endure pain silently...

Cancer Prevention: New Study Says Coffee May Prevent Oral Cancer

Posted on January 14, 2009
In general I help the sick and the injured. My clients have broken bones, paralyzed limbs, brain injuries or diseases that are serious. Most personal injury lawyers wish that we could do something to prevent those injuries and illnesses. We applaud efforts by the Consumer Product Safety Commission to keep unsafe products from reaching the public...

Court Rules That Generic Drug Manufacturer Cannotb Use "Preemption" To Avoid Liability

Posted on January 14, 2009
A recent court decision holds that generic drug manufacturers cannot use federal preemption to avoid liability for failing to warn of their drugs' dangers. The court in Kellogg v. Wyeth held, as Public Justice and co-counsel the Center for Constitutional Litigation (CCL) urged, that the approval of a generic prescription drug's label by the U...

Ninth Circuit Denies Immunity for Federal Officials in Case of Immigrant Detainee Neglected in Custody

Posted on January 14, 2009
The U. S. Court of Appeals for the Ninth Circuit ruled Oct. 2 that federal officials can be sued for violating the constitutional rights of an immigration detainee who had his penis amputated and later died from penile cancer that was left untreated and undiagnosed while in detention...

Organizations That Look Out For The Public: "Public Justice" Is At The Top Of The List

Posted on January 14, 2009
Arthur Bryant is a brilliant attorney and constitutional scholar. He knows. He knows that as the American public grapples with the Wall Street financial crisis, fears about their jobs and their kids and wondering what terrorism will bring to their doors, the unbelievably wealthy CEO's and CFO's of Big Pharma, the American Medical Association and - back in the shadows where you see all the Limo's parked and the wafting circles of cigar smoke - the insurance industry, are working feverishly to destroy the American dream of justice and the rights of the individual...

Pedestrian Personal Injury Epidemic - Looking For Answers

Posted on January 14, 2009
A male pedestrian suffered critical injuries in Kailua Wednesday night when struck by an automobile in front of Bank of Hawaii, Kailua Branch. Police said the automobile accident happened in the 600 block of Kailua Road on Oahu at about 8:30 PM. The man was taken in critical condition to the Queen's Medical Center...

Pedestrian Critically Injured After Being Hit By Car On Farrington in Maili

Posted on January 13, 2009
KHNL News reporter Minna Sugimoto reports that a teen aged boy underwent surgery Monday after being hit by a car in Leeward Oahu. The incident happened on Farrington Highway near Kimo Street in Maili Sunday night. Andrade family members wait anxiously as Ikaiaka Andrade fights for his life in the hospital...

Alternatives To Pesticides in Hawaii: Should The Hawaii Legislature Protect Children By Regulating Pesticide Use At Schools?

Posted on January 13, 2009
What do you say? Children are the most susceptible to developing cancer from pesticides. Their organs are small and carcinogenic substances concentrations are greater for kids. Plus kids have many years for the pesticides to do their evil work. When a person gets cancer in their 20's or 30's we shake our heads and wonder why...

Automobile Strikes Man On Sidewalk Along Kalanianaole Resulting In Serious Personal Injury

Posted on January 13, 2009
Did you see a fire hydrant showering Kalanianaole Highway on Sunday morning? Am automobile left the road and hit a man in his 60s walking on the sidewalk on Kalanianaole Highway in Niu Valley yesterday afternoon, according to police. According to a report in the Star Bulletin: The man, who was not identified yesterday, was in critical condition after the 11:40 a...

Salmonella in Peanut Butter

Posted on January 12, 2009
According to a report in U.S. News & World Report, "King Nut" Peanut Butter is the likely source of a salmonella outbreak. Here is the U.S. News & World Report story: Two kinds of peanut butter are being recalled after public health officials pegged them as the most likely source of a salmonella outbreak that has sickened at least 399 people in 42 states...

Study Finds FDA Conflict Of Interest In Investigating Procedures

Posted on January 12, 2009
The AP (1/12) reports, "An internal watchdog finds that financial conflicts involving outside researchers who test experimental drugs often remain hidden," and "missing information, loopholes, and weak oversight hamper efforts to uncover financial conflicts involving researchers who test experimental drugs before companies seek government approval...

Remember Bethany Wilkerson?

Posted on January 12, 2009
Remember Bethany Wilkerson? In Hawaii we pride ourselves in family. People come first, not profits. Aloha Aina. Aloha. Love. Bethany Wilkerson will not be forgotten in the Islands. Three year olds are what its all about. But then what happens if Bethany doesn't have insurance? In 2005, Dara and Bo Wilkerson learned that their three-week-old daughter had been born with several holes in her heart...

Cusimano Letter To George Will Exposes The Truth About Litigation.

Posted on January 11, 2009
George Will has been a consistent point man for the corporations and medical doctors who don't like the idea that they can be called into court for their negligence, dangerous products and drugs that kill and injure regular people. Most of us accept the lessons our parents taught us about being responsible when we make mistakes...

Best Inauguration Party in D.C.? Tickets Still Available - And Reasonable At A True Hawaiian Luau At Hotel Monaco

Posted on January 10, 2009
Here is a front page story from the Honolulu Advertiser about the best party in Washington DC on Inauguration night: No room at the inaugural ball? Head for the Hawaii luau in D.C. Group's bash brings Hawaii to D.C. with local grinds, music By Dan Nakaso Advertiser Staff Writer They had their airline seats and hotel reservations but no tickets to any of the presidential balls, so a group of friends from Hawai'i decided to throw their own inaugural party in Washington, D...

Fipronil and Termidor Pesticides Followed TO Hawaii By Bans and Lawsuits

Posted on January 10, 2009
I posted an article on pesticides in Hawaii waste water (KHNL Reports Possible Health Risks of Pollutants in Honolulu Wastewater) and I am following up with an inspiring piece from the Big Island about consumer activism regarding pesticides that I found today...

Honolulu Driver Arrested on Suspicion of Fatal Hit & Run

Posted on January 10, 2009
KHON TV reports that a hit and run driver has been apprehended in the death of Lindsey Kane in Waipahu. The story was reported today on KHON TV by Brianne Randle. Here is their report: Charges are pending against a 31-year-old Waipahu man who was arrested in connection with a recent fatal hit and run crash...

Billion-dollar jury verdicts disappear after appeals, new rulings.

Posted on January 09, 2009
Bloomberg News (1/8, Fisk) reported, "The billion-dollar jury verdict has disappeared from U.S. courtrooms" according to Bloomberg data. Bloomberg notes that, "because of changes in legal rulings, punitive-damage verdicts can be thrown out if they far exceed actual damages" and "some lawyers don't seek amounts that clearly violate the rules...

KHNL Reports Possible Health Risks of Pollutants in Honolulu Wastewater

Posted on January 08, 2009
KHNL News Reporter Mari-Ela David reports on the KHNL website on January 7th about a about a federal study that exposes a public health risk from Oahu's wastewater. Here is her story. More can be found at the KHNL website. HONOLULU (KHNL) - Environmental and health experts give insight about the pollutants that, according to a federal report, are flowing out of Honolulu's wastewater treatment plants and into the ocean...

80 Year-old Nursing Home Resident Evicted and Left at Emergency Room - What do you think about that?

Posted on January 08, 2009
Florence Ko, 81, had lived at Nu’uanu Hale in Honolulu for 18 months when a week before Christmas the staff at Nu'uanu Hale dropped her off at Straub Clinic & Hospital Emergency Room dressed in a hospital gown and holding her only personal belongings – a purse and a cell phone, according to the Honolulu Advertiser...

Bush implementing series of pro-business regulations.

Posted on January 08, 2009
Bloomberg News (1/8, Rosenkrantz, Drajem) reports, "George W. Bush is using the waning days of his presidency to implement a raft of pro-business regulations, triggering vows by the incoming Obama administration and congressional Democrats to gut the measures...

Hawaii Wrongful Death Claim

Posted on January 07, 2009
Wrongful death is always a tragedy and often the family comes into the office of an attorney with serious financial problems due to the loss of a loved one. Dealing with the huge emotional loss and the sadness is enough of a burden but paying bills and keeping current on the rent and mortgage and school tuition is often a frightening prospect to the emotionally overwhelmed family particularly if the wrongful death is of the major family wage earner...

Improve Injury and Illness Recovery Time And Treatment by Keeping A Symptom Diary.

Posted on January 07, 2009
Have you ever looked at articles produced by About.com? Try it someday. Today I am posting an article that is particularly relevant to my clients: "How to Keep a Symptom Diary h1 = document.getElementById("title").getElementsByTagName("h1")[0];h1...

Hope On Insurance for Home Buyers, Builders and AOAO's in Construction Defect Cases From New Ruling In Florida

Posted on January 07, 2009
Burlington Ins. Co. v. Oceanic Design & Constr., 383 F.3d 940 (9th Cir. 2004) has created havoc for home buyers and condominium associations in Hawaii since it came out in 2004. The decision was not from the Hawaii Supreme Court but from the Ninth Circuit federal court...

Judge dismisses Medtronic lawsuits, cites Supreme Court pre-emption case.

Posted on January 07, 2009
The Wall Street Journal (1/7, A2, Burton) reports, "A federal judge threw out lawsuits on behalf of thousands of patients with heart-defibrillator wires that have been shown to fracture and dispatch potentially lethal shocks, concluding that a recent Supreme Court opinion made the dismissals inevitable" because that case said "that federal law 'pre-empts' product-liability lawsuits under state law, effectively precluding such cases...

Giving Antibiotics As Preventative Measure To Intensive Care Patients Reduces Deaths

Posted on January 05, 2009
Giving antibiotics as a preventive measure to patients in intensive care units (ICUs) increases their chances of survival according to a study involving 6,000 Dutch patients in 13 hospitals. University Medical Center Utrecht (2009, January 4). Fewer Deaths With Preventive Antibiotic Use...

Weakness In Internet Security Uncovered

Posted on January 05, 2009
Researchers in California and at Centrum Wiskunde & Informatica (CWI) in the Netherlands, EPFL in Switzerland, and Eindhoven University of Technology (TU/e) in the Netherlands have discovered a weakness in the Internet digital certificate infrastructure...

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