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Personal Injury Law

LaBovick Injury Law Blog

Covers personal injury law
By Brian F. LaBovick, Esq.

Post Frequency: 2.2/day

Last Entry: March 27, 2011 at 23:39:08

Put the phone down while driving in N.J. or risk $100 fine for texting or talking on cell phone

Posted on March 04, 2008
New Jersey drivers will be fined $100 if they are caught using a hand held devices to talk or to send text messages while driving. Starting Saturday, March 1, 2008, the new law went into effect. Police will be issuing fines for $100 if they catch drivers in the act of texting or not using a hand held device while driving...

Privacy rules and the Patriot Act

Posted on March 03, 2008
Dear Readers, I recently read a Washington Post.com article Telecom Firms' Need For Immunity Stressed. The article made me think of how the path to hell can be paved with good intentions. How often are actions that are meant to do good, in the end lead to disaster? The post 9/11 terrorist / "Patriot act" / Telecom Immunity is exactly that type of mentality...

Blood Thinner Heparin may be linked to more deaths

Posted on February 29, 2008
According to recent reports, some Baxter Heparin blood thinners may be linked to more deaths. Baxter International is expanding a recall to include almost all of its heparin products. The New York Times reports that the Food and Drug Administration has linked the number of deaths possibly associated with the drug, made from pig intestines, to be 21 an increase from the initial four reported deaths...

FDA seeks comments on the new guidelines for unapproved uses of Medical Products

Posted on February 28, 2008
Concerned Citizens, Health Care Personnel, the FDA wants your opinion on the new FDA Proposed Guidance for Dissemination of Information on Unapproved Uses of Medical Products. Public Comments will be accepted for 60 days. "Articles that discuss unapproved uses of FDA-approved drugs and devices can contribute to the practice of medicine and may even constitute a medically recognized standard of care," said Randall Lutter, FDA deputy commissioner for policy...

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MS drug natalizumab linked to liver injury per FDA

Posted on February 28, 2008
A recent report by the FDA links the multiple sclerosis drug natalizumab (Tysabri) to liver injury. It can occur as early as six days after the initial dose, per reports from the FDA.The drug's marketers, Biogen Idec and Elan,issued a letter to clinicians, stating a warning about liver toxicity has been added to the natalizumab label...

Mitsubishi product liability case receives $11 million verdict

Posted on February 28, 2008
A West Palm Beach Jury awarded a couple $11 million in a Product Liability suit. The case involved the death of the couple's 25 year old son in a 2004 rollover crash. According to the Plaintiffs the death was caused by a defective seat belt and front passenger seat of a Mitsubishi Sport Vehicle involved in the fatal rollover...

Consumer Product Safety Bill reaches compromise in the Senate

Posted on February 20, 2008
Lawmakers reached a compromise on a Consumer Product Safety Senate bill. It is the first major overhaul of the nation's consumer product safety system in a generation. The deal, was a bi-partisan effort, being led by Sens. Mark Pryor (D-Ark...

Recent deaths halt intense drug therapy to lower blood sugar

Posted on February 07, 2008
There is a recent report that 257 patients have died after receiving intense therapy to lower their blood sugar. As a result, the National Institutes of Health has discontinued a portion of major study on diabetes and heart disease. The study was aimed at reducing to normal levels the blood sugar of type 2 diabetics at especially high risk of heart attack and stroke...

Facts about National Teen Dating Violence Awareness and Prevention Week

Posted on February 06, 2008
We would like to mention that the week of February 4 - February 8, 2008 has been named "Teen Dating Violence Awareness and Prevention Week by the Senate. In an effort to spread the word and shed more light on this important issue, the American Bar Association Division for Public Education and the Commission on Youth at Risk recently introduced elements of the Toolkit as a curricular component of a new partnership between the ABA and the Girl Scouts of the U...

Cordis Corporation Dura Star? RX and Fire Star? RX PTCA Balloon Catheters are recalled

Posted on January 26, 2008
There has been a Class 1 Recall for Product: Fire Star™ RX and Dura Star™ RX PTCA Balloon Catheters manufactured by the Florida based Cordis Corporation. The concerned products were manufactured in Mexico from February, 2007 through December, 2007 and distributed worldwide from March 26, 2007 through January 8, 2008...

Vytorin and Zetia come under attack for misleading consumers

Posted on January 25, 2008
Merck and Schering plough are being sued for misleading consumers into believing their drugs were more effective than generic ones. According to an Associated Press article, Four lawsuits have been filed in New Jersey, New York, Florida and Washington state...

Bayer's Liquid formulation of Leukine is withdrawn from market

Posted on January 24, 2008
Bayer's liquid formulation of Leukine, a growth factor that helps fight infection and disease in appropriate patients by enhancing immune cell function has been withdrawn from the market. The product was withdrawn because of an upward trend in spontaneous reports of adverse reactions, including syncope (fainting), which are temporally correlated with a change in the formulation of liquid Leukine to include edetate disodium (EDTA)...

Lead-paint "Thomas the Tank Engine" suit settles for $30 million

Posted on January 23, 2008
Toy Manufacturer RC2 Brands agreed in Cook County Circuit Court to pay $30 million to settle a nationwide class-action lawsuit representing hundreds of thousands of families who bought the Thomas & Friends toys -- setting a precedent for other suits filed against toy companies in last year's China manufacturers/lead paint scandal...

AM2 Pat Heparin an Saline flush recall by FDA due to Bacteria

Posted on January 19, 2008
NATIONWIDE URGENT DEVICE RECALL - Heparin and Saline Flushes by AM2 PATThe FDA has announced an urgent nationwide recall of pre-filled Heparin and normal Saline Flushes that were manufactured by AM2 PAT, Inc. of Angier, a North Carolina based Company...

Trial by Jury and Personal Injury

Posted on January 18, 2008
One of our favorite Bloggers, Blawgletter wrote a post about Tort Reform and the rights of trial by jury. Although his post is re: a securities fraud case against University of Phoenix, it also rings true that jury trials are important for personal injury cases...

Personal Injury Updates - compelling news of interest

Posted on January 17, 2008
This week, I came across a few interesting articles and blogs that cover personal injury. The first one is the article "Friend when we need one" from the Arizona Republic by E.J. Montini. He discusses how the public often perceives Personal Injury Lawyers as "ambulance chasers"...

University Settles Harrassment Suit for $225,000

Posted on December 28, 2007
Harassment suits can be difficult to prove at times. However, there are times when the evidence in a case can't be refuted or ignored. Take for instance a recent case mentioned in an article by Randy Ludlow of the Columbus Dispatch. The case involves Ohio University settling an outstanding sexual harassment suit brought by a student against a former professor for $225,000...

Florida HSMV department reminds drivers PIP is mandatory Jan 1, 2008

Posted on December 28, 2007
Florida's Highway Safety and Motor Vehicles department issued a release yesterday regarding the mandatory PIP coverage effective January 1, 2008. In a prior post on the LaBovick Injury Law Blog, we reminded readers of this approaching deadline...

Ohio Supreme Court ruling upholds tort reform caps on personal injury damages

Posted on December 28, 2007
The Ohio Supreme Court gave their ruling yesterday in the Arbino vs. Johnson & Johnson, Slip Opinion 2007 -Ohio 6948. The ruling was 6-2 upholding a 2004 law approved by the legislature that caps jury awards for non-economic (pain and suffering, mental anguish, etc...

Recent tiger mauling brings back memories

Posted on December 27, 2007
The recent Tiger mauling that happened on Christmas Day at the San Francisco Zoo, is a tragedy for all involved, both the family and the Zoo. The incident involved a teenager man dying as a result of the mauling and two other young men remain in critical condition, after the attacks...

Florida Drivers: Remember: PIP Requirement Returns - Jan. 1, 2008

Posted on December 20, 2007
PIP Reminder to All Florida Drivers:Effective January 1, 2008 - Florida law requires drivers to carry personal injury protection insurance. You will be receiving a mandatory PIP reminder from your insurance company reminding you of this change...

Health Insurance Providers going after Injury Settlements

Posted on December 19, 2007
I came across an interesting article from the WallStreet Journal that was posted on MSN.com yesterday. The title was one that would raise the eyebrows of any plaintiff injury law firm "Employers grab accident victims' cash" written by Vanessa Fuhrmans...

Civil Justice checks and balances and the Honey Bees

Posted on December 04, 2007
I came across an interesting blog by the name of Tort Deform that discusses the public's access to the courts. Hats off to the Executive Editor, Kia Franklin, and team for putting together a great blog. I enjoy reading this blog, topics are always current, timely and thought provoking...

Civil Justice Prosecutor's response to defense attorney on plaintiff rights

Posted on November 29, 2007
Bexis ( co-author of drug and device law blog)I am sorry this response took so long. (Click here to see response from Bexis). My life just does not have enough fun things like responding to your great blog post...

NEW FLORIDA (PIP) NO FAULT AUTO INSURANCE LAW

Posted on November 27, 2007
On October 11, 2007, Governor Charlie Crist signed into law effective January 1, 2008 the new Florida No Fault Auto Insurance bill, (House Bill 13C). The original No Fault Law expired October 1, 2007. Therefore, all policyholders whose automobile policies were set to expire between between October 1, 2007 and January 1, 2008 should call their insurance agents to obtain interim coverage or they will have no coverage at all until January 1, 2008...

Uninsured Motorist Coverage Protects Injured Police Officer

Posted on November 12, 2007
As a Personal Injury Attorney, I come across a lot of interesting cases. When I find one that involves insurance disputes, I take special note. One such case is the recent Pease v. State Farm. This is a personal injury case involving a police officer and uninsured motorist coverage...

Merck settles Vioxx Product Liability suits for $4.85 billion

Posted on November 12, 2007
Merck has agreed to pay a fixed amount of $4.85 billion into a settlement fund for qualifying Vioxx claims that enter into the resolution process. This is not a class-action settlement. Claims will be evaluated on an individual basis. According to Richard T...

$60 Million ATV Rollover Verdict against Ford overturned

Posted on November 08, 2007
Plaintiff lawyers were dealt a huge blow on Wednesday when their $60 million jury verdict against Ford Motor was overturned by the 3rd Court DCA. All eyes are on Miami right now, because this was a huge jury verdict for the Plaintiff's. According to the Daily Business Review, the DCA ruled that Judge Roberto Pineiro erred by allowing testimony regarding previous accidents without requiring the plaintiffs to establish the similarities between the case at hand...

Drowsy driving kills and causes accidents - Support Drowsy Driving Prevention Week -

Posted on November 06, 2007
The National Sleep Foundation, wants your help in getting the word out about "Drowsy Driving Prevention Week" November 5 - 11, 2007.Check out the testimony of victims on the foundation website: www.drowsydriving.org The statistics are pretty unsettling, according to the National Highway Traffic Safety Administration, there are 100,000 sleep-related crashes a year and over 1,550 people killed per year and 71,000 injuries in the United States...

A Civil Justice Prosecutor's perspective on Riegel v. Medtronic

Posted on November 05, 2007
Before I jump on the soap box, let me preface the following thrashing with the fact that I hold Mark Hermann in very high esteem for his analysis on being an effective attorney in Curmudgeon's Guide to Practicing Law (2006) (which sits on my desk.) Hermann and Beck's clever Drug and Device Law Blog recently praised, as a panacea of defense positions, the benefits of federal preemption in defective products cases...

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