Personal Injury Law

Fresh Summit 2008 - Food Poisoning Concerns Spur Industry and Government Initiatives

Posted on November 15, 2008
The Fresh Summit 2008 was just held in Orlando in October with attendance from all over the world. More than 17,000 attendees from 70 countries usually attend and this year's Summit highlighted important issues concerning food safety. During an Oct. 26 session, “Food Safety: Keeping Your Business Healthy,” a distinguished panel talked about the latest in regulations and food safety initiatives as well as how to consider food safety investments in a return-on-investment perspective...

Report From Maui to the EPA: "Waste Water Damages Reefs"

Posted on November 15, 2008
The Environmental Protection Agency’s Region 9 held a public hearing in Lahaina centered on what happens to waste water. The reason for the hearing is a proposed underground injection permit renewal for the Lahaina Wastewater Reclamation Facility...

Victoria's Secret Bras - Formaldehyde Contact Dermatitis Redux

Posted on November 15, 2008
I was surprised by the huge response to my original post on skin injuries linked to Victoria's Secret Bras. I myself have been educating myself about formaldehyde contact dermatitis and the clothing industry manufacturing process. I posted another article on the conditions that are associated with formaldehyde contact dermatitis for those who are unfamiliar with the condition...

Formaldehyde Clothing Dermatitis - Victoria's Secret Bras

Posted on November 14, 2008
The recent news story on Victoria's Secret Bras causing allergic skin reaction in women wearing the bras raises the question of the connection between Formaldehyde and women's clothing. Formaldehyde Clothing Dermatitis is a well documented condition. To know if you have it the following must be established: Formaldehyde clothing dermatitis — criteria to fulfill Suspected fabric shows the presence of free formaldehyde Patient shows a positive patch test reaction to 2% formalin Formaldehyde resin impregnated fabric show a positive patch test reaction — the piece of fabric tested should have been worn and subjected to sweat, sebum and friction Wearing the fabric causes a clinical allergic contact dermatitis Obviously the fabric must be retained for testing and the allergic reaction well documented...

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Victoria's Secret Bras Contaminated With Formaldehyde According To Ohio Woman's Lawsuit

Posted on November 13, 2008
A woman in Ohio purchased Victoria's Secret bras and after wearing them came down with hot , blistering welts and severe itching that made it difficult to sleep. She filed suit in May after tests revealed that the bras contained formaldehyde, an embalming chemical...

Two New Reports Analyze Cost to the Country for Dangerous Products and the Problem With Foreign Manufacturers

Posted on November 13, 2008
The American Association of Justice (AAJ) in partnership with American University’s Washington College of Law, has issued a report on dangerous foreign products, entitled Defective Foreign Products in the United States: Issues and Discussion, argues that foreign producers are protected by the complex web of laws, policies, and practices that make it difficult if not impossible to sue successfully foreign manufacturers in domestic courts...

Concern Over Airbag Safety In Used Vehicles

Posted on November 13, 2008
Would it surprise that 1 out of every 25 previously damaged vehicles on the road have phony or dummy airbags? Victoria Cavaliere of New York News reports that the New York City Police Department (NYPD) recently discovered that there were mechanics rags inside the drivers-side airbag in the vehicle that a California woman had been driving for 2 years...

Legal Case Study: Late Diagnosis of Lung Cancer

Posted on November 09, 2008
The patient experienced shortness of breath and coughing and felt a constant need to clear his throat. He went to an internist at a medical group, who ordered a chest X-ray. The X-ray was interpreted as normal by a radiologist, and the internist told the patient that he was fine...

Legal Case Study: Hospital Liability, Nursing Negligence - Improper Handling of Fetal Distress.

Posted on November 09, 2008
In this case a woman in her 32nd week of pregnancy had a fetal monitor show that her baby was experiencing tachycardia. The patient was admitted to a hospital for several days and was administered magnesium sulfate and other treatment to avoid preterm labor...

Legal Case Study: Emergency Medicine - Failure to Properly Treat Infant Fever - Anoxic Brain Injury

Posted on November 09, 2008
In this unfortunate case a 1-month-old child experienced a fever of 101.3 degrees. Her parents took her to a hospital emergency room where she underwent chest X-ray, urinalysis and blood work. The child was later discharged with a diagnosis of neonatal febrile illness...

Legal Case Study - Late Diagnosis of Breast Cancer - Metastasis

Posted on November 09, 2008
In this real case a woman in her 40's underwent a screening mammogram which was read by the radiologist as normal. Several months later she detected a lump in her left breast and was subsequently referred for a diagnostic mammogram and sonogram. The radiologist who interpreted the tests reported them as normal, and the patient did not undergo a biopsy...

Proton Therapy Offers More Effective and Less Painful Cancer Treatment

Posted on November 09, 2008
Ian Lawrence is a physicist is suffering from a cancerous tumor that was discovered on the optical nerve leading to his left eye. According to BBC News, Europeans are looking to a small number of European Centers that offer Proton Therapy, and the U.S...

Hawaii Auto Accident - What is the Covered Loss Deductible (CLD)

Posted on November 08, 2008
When a claim is made by a person injured in an automobile accident in Hawaii the "covered loss deductible" automatically reduces the amount recovered by the injured party. How does it work? let's look at the law that applies: §431:10C-301...

Treatments For Type 2 Diabetes Escalate Costs

Posted on November 07, 2008
Type 2 Diabetes treatments increase in number and cost. A new report in the Archives of Internal Medicine documents the increase over the past few years of a more complex and expensive range of treatments for Type 2 Diabetes. G. Caleb Alexander; Niraj L...

Arctic Sea Ice Thins And Recedes - Global Warming

Posted on November 07, 2008
According to an article published November 3, 2008 in Science Daily the thickness of sea ice in large areas of the Arctic was reduced by nearly 19 percent (half a meter). In the summer of 2007 the extent of ice coverage dropped to its lowest levels since records began being kept...

WARNING! One Out of Five Doses of Medications Given In Hospitals is Wrong

Posted on October 31, 2008
Medication errors cause 7,000 deaths each year and the frightening truth is that 1 out of every 5 doses of medication given in hospitals is wrong according to the Academy of Managed Care Pharmacy’s Control in Managed Care Pharmacy (Medication errors) The annual cost of drug-related morbidity and mortality is nearly $177 billion in the United States and there is at least one death per day and 1...

Most Common Medication Errors

Posted on October 31, 2008
We all know that making an error in the medication a patient takes can be serious. The National Coordinating Council for Medication Error Reporting and Prevention (NCC MERP) is an organization that attempts to warn patients about these risks. The NCC MERP defines a medication error as "any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer...

Study Casts Doubt on Claims That the Medical Malpractice System Is Plagued By Frivolous Lawsuits

Posted on October 30, 2008
The Harvard School of Public Health has studied the claims by doctors that frivolous lawsuits against doctors are rampant and driving up the cost of health care. The subject is plagued by wild untruths spread by doctors organizations and insurance companies...

U.S. House Report Further Confirms Bush Administration's Preemption Plot

Posted on October 30, 2008
Hot topic these days is pre-emption. Think of it as complete immunity for drug companies. The american association of Justice (AAJ) just released some blockbuster news about a Bush Administration plot. There press release follows: Yesterday the U...

Drug Industry Immunity Endangers Women According To New Study

Posted on October 29, 2008
One week before the U.S. Supreme Court hears arguments in a case, Wyeth vs. Levine, that would give the Drug Industry and "Big Pharma" complete immunity, the Center For Justice & Democracy (CJ&D) has issued a report that demonstrates the danger to women from a Drug Industry victory...

New Study: 150,000 Deaths This Year From Medical Mistakes and Inadequate Care In Hospitals

Posted on October 28, 2008
A non-profit organization, the National Committee for Quality Assurance (NCQA), that monitors health care, has found that 57,000 Americans die each year because they do not receive adequate care in hospitals. Their report, The State of Health Care Quality concludes that: These deaths should not be confused with those attributable to medical errors or lack of...

Complete Immunity For Drug Companies? Doctors and Attorneys Both Say "No"!

Posted on October 28, 2008
In an article published in the Journal of the American Medical Association (JAMA), doctors oppose the Bush Administration attempt to grant complete immunity to drug companies through a doctrine know as "pre-emption". Attorneys have long voiced their opposition to this latest attempt by drug companies to avoid responsibility for dangerous drugs...

Book Review: "Critical Conditions - The Essential Hospital Guide To Get Your Loved One Out Alive".

Posted on October 28, 2008
Martine Ehrenclou has authored a new book for patients and their loved ones that deals with going to the hospital - and getting out alive. This handbook for patients should be mandatory reading before and during any hospital stay. Ms. Ehrenclou describes the issues succinctly: There is a nationwide, drastic nursing shortage; nurses and doctors are overworked and overwhelmed by the patient overload...

The Supply Of OB/GYNs In A State Has No Relationship To Either Doctor's Malpractice Premiums Or A State's Liability Laws

Posted on October 28, 2008
The March 2008 Journal of Empirical Legal Studies finds that "the supply of OB/GYNs in a state has no relationship to either doctor’s malpractice premiums or a state’s liability laws". Y. Tony Yang, David M. Studdert, S.V. Subramanian, Michelle M...

Personal Injury in Hawaii - Hawaii Automobile Accidents - Damage To The Vehicle Matters

Posted on October 26, 2008
Insurance companies have had great success in court when the damage to the vehicles is very small. They argue that no one could be injured if the photos show only minor dents and scratches on the cars. Juries and judges are very unlikely to assess damages against a defendant when the damage to the vehicles is small...

Hawaii Attorneys

Posted on October 26, 2008
How do you find an attorney to represent you in Hawaii? Of course it is easy to find an attorney because they advertise. But how do you determine if a particular Hawaii lawyer is the best for you? Big Firm vs. small firm? Older attorney vs. younger attorney? Lawyer who has gone to trial many times vs...

New Rules Prohibit Soliciting Insurance Sales From Military Personnel On Base

Posted on October 26, 2008
The Washington Post recently reported that our military members are targeted by unscrupulous companies. Kimberly Lankford of Kiplinger's Personal Finance reported on Sunday, August 3, 2008 that: Military personnel are often young and transient, but they earn a regular paycheck from Uncle Sam...

Tips When Going on a Cruise

Posted on October 26, 2008
If you go on a Cruise be aware of the following issues to watch out for: 1. Most cruise ship tickets contain contractual statute of limitations (usually one year) 2. Most tickets have a 6 month written notice requirement 3. Most also have venue provisions requiring the case be brought in a particular jurisdiction and even in particular courts (these days federal court) -- usually in Miami, Florida or Seattle, Washington or Los Angeles, California (depends on cruise line)...

Debunking the Myths

Posted on October 26, 2008
Drug, oil, and insurance companies have spent millions of dollars to generate myths about how lawsuits are out of control and responsible for all of America’s ills. The facts tell a much different story. Myth: The number of lawsuits filed is skyrocketing...

The Truth About Medical Negligence

Posted on October 26, 2008
Proponents of civil justice restrictions have made limiting the amount a person can receive from a negligent health care provider when they are a victim of medical negligence a top priority. A one-size-fits-all approach is unfair to victims – an informed jury is the only fair way to truly decide what a victim’s pain and suffering is worth...

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