10/23/19 -Personal Injury / Medical Devices / Slip & Fall / Class Action Lawsuits / Product Liability – gtg

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Medical Devices

Medical device companies and manufacturers often put their profits ahead of the public’s safety and welfare. Medical devices that are insufficiently tested or improperly designed and manufactured can cause serious injuries and death.

Our firm represents individuals and their families who have been injured or killed due to dangerous medical devices. We believe that medical device manufacturers owe consumers a duty to ensure that their medical devices are safe. When consumers buy a product there is an understanding that if it is used as directed and intended than the product is safe. This is particularly important when it comes to products that are used in medical operations and medical procedures. However, sometimes product sales, profits and productivity are placed above patient safety. Tens of thousands of children and adults are injured and killed every year by defective medical devices.

In general, medical device defects are categorized as either design defects or manufacturing defects. Design defects are inherent in the design of the products, while manufacturing defects are flaws and mistakes made in the manufacturing process.

Even though the Food and Drug Administration (FDA) heavily regulates the production, labeling, and sale of medical devices, injuries and deaths related to the use of these devices occur all too often. Though the FDA was established in 1931, it was not until the 1976 Medical Device Amendments to the Food, Drug & Cosmetic act that the FDA was given power over medical devices which seeks to provide “reasonable assurances of safety and effectiveness” for all medical devices.

Serious side effects or failures of a medical device may be cause for a claim depending on the extent and nature of your injuries. Our firm handles a multitude of medical device litigation, including some of the more common problematic and dangerous medical devices:

Intra-operative screws
Silicon breast implants
Contraceptive devices
Hip prosthesis
Knee replacements
Pacemakers
Guidant Defibrillators
Heart valves
Dialysis Filters
Jaw implants

If you have been injured by a medical device, you may be entitled to significant financial compensation for your injuries. This compensation may include money for medical bills, lost wages, pain and suffering and financial compensation to loved ones (in case of a wrongful death).

If you or a loved one has experienced negative side effects or serious health problems after using a medical device, please contact our office today.

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Medical Devices FAQ

Who is liable for harm suffered from medical devices?
Depending on the facts of your individual case, liable parties can range from the device manufacturer, to your treating physician or surgeon, to the distributor of the medical device. An experienced lawyer at our firm can help determine liability in your personal injury claim.

What is a class action lawsuit?
A class action is a distinctive type of lawsuit that allows a group of people who have comparable issues to sue another party as a group, or class. The idea of a class action is that everyone who has been injured by the same conduct should not have to be put to the expense of hiring his/her own lawyer and go through the stress of a trial. Certain drug and medical device litigation cases fall under class action lawsuits against the manufacturer.

How is a medical device claim determined?
When a medical device (such as a syringe, hip implant, pacemaker, or surgical instrument) injures someone, the courts must answer the question “was there something wrong with the product” or “was there something wrong with how the product was used”? In finding the answer, two general theories of liability are applied: product liability and negligence. The first theory looks at what was wrong or defective in the medical device. The second looks at the performance of the medical personnel using the device. An experienced medical device lawyer can evaluate your injuries and determine if a defective medical device caused them.

What is an example of a defective medical device?
A recent example of a defective medical device is the Guidant Defibrillator.

Indianapolis-based Guidant Corp. alerted doctors that nine pacemaker models made from 1997 to 2000 might need to be replaced. An estimated 28,000 of the pacemakers remain implanted in patients worldwide, with about 18,000 of those in US patients. The company said that a sealing component in the pacemakers has degraded in some cases, resulting in higher-than-normal moisture in the devices that could cause a malfunction. Several patients have lost consciousness or developed possible heart failure. The company reported the death of one person whose pacemaker might have failed, but it said the role of the device could not be confirmed as it was not returned for testing.

Do I need a lawyer if I believe I may have a medical device claim?
Due to complex issues involved in medical device claims, discussing your case with an attorney who is experienced in the area is the best way to ensure a thorough evaluation of your case.

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Everyone has a moment in their life with they take a wrong step or aren’t watching where they are going, causing them to slip and fall. But, if and when a fall is caused by another person’s negligence, then the fall could be grounds for an injury claim. If this is the case, then it is time to find a personal injury attorney .

Slip and fall injury claims can be difficult cases. The first thing you need to discover is whose negligence lead to the condition, which caused you to fall. It is important to note that if the fall occurs in a public place, you will also need to able to show that the person in charge of the property had knowledge of the hazard.

Your personal injury attorney will help you find the proof you need to win your case. One of our most memorable cases was a slip and fall injury claim. We helped a man and his wife. The man fell on ice caused from a leaky swamp cooler. The injury shattered the man’s hip and the following surgeries resulted in numerous infections. Hess settled for a substantial amount of money. The monetary damages helped man to take care of himself, and later his wife, after he had died from complications resulting from the initial slip and fall injury.

Because of the complex nature of proving negligence in a slip and fall injury claim, these claims are often among the most contested claims by the insurance companies. It is important that you work with a personal injury attorney who has years of experience in the handling of slip and fall injury claims and is not afraid to go toe to toe with the insurance companies. Our firm will fight for you and has had great success with these types of cases.

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Personal Injury Attorney Says ‘Courtroom Attire Makes Difference’

Decisions must be made concerning the fate of plaintiffs and defendants in legal cases. There are many intangibles affecting the outcomes of a court case. However, an area you are in control of is how you choose to appear when standing before a judge and jury. Listen to the legal advice given by an experienced personal injury attorney about dressing for court.

Look Professional

When your day in court arrives, dress in professional attire since this cannot be faulted. This is not a police line-up or the morning after arrest arraignment. This is the first and best opportunity to show respect for the system, the judge presiding, and possibly your peers, who are responsible for deciding your fate. Do not cheat yourself by dressing inappropriately.

Men should be Presentable

There is never a courtroom scene where a man should not dress in a suit and tie. Male lawyers always do this since they know many different sets of eyes will be watching them during the proceedings. The same eyes will be watching defendants and plaintiffs as well. Never wear a hat or a hooded sweatshirt. The key is to dress conservatively. If a suit and tie is unavailable, wear a nice pair of dress slacks and a buttoned-down shirt.

Women Need a Conservative Look

As a personal injury attorney, I advise female clients to dress conservatively. The preferred choice is a business suit-wearing either slacks or a skirt with a white or light-colored buttoned-down blouse. Make-up applied and jewelry worn should not be anyone’s main focal point when making a visual assessment. Coming across in an attractive fashion is the goal but it is important not to appear over-the-top or overly theatrical.

Clean Cut is The Norm

Men should be clean-shaven and have a fresh haircut in a style that does not draw attention to the hair. A physical appearance is an important aspect compelling the judge and jury to form an initial reaction. It may be a cliché, but possessing that All-American boy-next-door look is the best way to go.

Appearance Includes Actions

As important as dressing for court may be, how a person appears through their actions themselves. How you act and react when in a courtroom setting speaks volumes about you. Those things mother harped about, like standing and sitting up straight are important. Speaking in loud tones so everyone can hear is also important. Responding with a “Yes Sir” or a “Yes Ma’am” is equally important. Always listen to your attorney’s legal advice in this matter.

Ultimately, courtroom participants will want to look professional but never flashy. How you dress and act in a courtroom can change the outcome of your case. Make sure to ask your Personal Injury Attorney for advice.

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Injury Lawyer In Explains Class Action Suits
A class-action lawsuit is one that is filed for a group, or “class,” of people sharing injuries sustained by a single entity, business or organization. Usually, these types of suits result from a product liability issue. An example is a lawsuit filed against drug companies on behalf of people injured by their products. Participation in a class-action lawsuit has several advantages and disadvantages that should be discussed with an experienced injury lawyer in .

Types Of Class Action Suit Awards

Awards issued from a successful class-action lawsuit are in two categories: punitive and compensatory. Punitive awards are a form of “punishment” directed at the company or organization for their actions. These awards can be quite large. Compensatory damages address monetary awards caused by the defendants’ actions resulting in illness, injury, pain and suffering, and loss of life.

Jury Trial May Be Necessary

If opposing parties cannot reach an out-of-court settlement, the case may go to a jury trial. Jury trials are complicated and usually involve many levels, including appeals. Defendants usually seek to arrive at settlements because these are typically much lower than awards determined by a jury.

Class Action Reduces Litigation Costs

The primary benefit derived from a class action lawsuit is reduced costs. This is especially true in cases involving a good number of plaintiffs. In fact, both sides benefit since one effort representing multiple clients results in reduced court costs and injury lawyer fees for both sides.

Court System Benefits As Well

The nation’s courts usually have their resources stretched thin. Therefore, the court system actually encourages class action suits, rather than multiple cases, all of which are against the same company. Filing a class action suit avoids the inconsistent results that can be rendered by multiple judges.

Economy In Multiple Plaintiffs

Individual court cases in many suits do not warrant the expenses incurred by one injury lawyer or firm due to small awards. Class action cases solve this situation. For example, a company may be sued for overcharging customers $25 each. A lone individual would never sue in this situation. However, if there are a few hundred or thousand complainants, the potential combined award makes a single effort worth the undertaking.

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It may sound obvious, but few people realize the amount of preparation that can accompany a case. The time that a personal injury attorney spends on preparing for your case, will most likely, determine the outcome. Preparation for a trial can be very tedious but is extremely important.

During the preparation stage, an attorney will conduct interviews with the client, dig up documents, and do other research. The interview with the client is very important because it is what determines the attorney’s next step. The interview usually involves detailing the story, the company background, needs, etc. After the initial interview, the attorney gets started on the research phase.

One of the most important tasks is gathering all the necessary documents. The personal injury attorney in and their staff will gather all the necessary medical, work, and legal documents needed for making a strong case. This may seem straightforward, but can be a very time-consuming process. Contacting government offices, doctors’ offices, and employers can be very complex. An experienced attorney knows who to talk to, to get the proper documents, but they may still have a hard time getting cooperation. In addition, some documents may have been lost. Lost documents mean the attorney needs to spend a little more time to track the location of the documents.

Once all the documents are gathered then the attorney does any necessary research. While doing their research it is important for the personal injury attorney to look at the trial from the plaintiff’s and the defendant’s angle. If a company is involved, the attorney will make sure to do research on that company. What kind of restrictions does a company have for its employees? Was there any previous mention of the problem to the company? Are there any open cases against that company?

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Personal Injury Attorney Clarifies Supermarket Slip And Fall

So you slipped and fell in a grocery store, which means you have a personal injury case, right? It may surprise you, but there is no guarantee that you have a case. If you fell and were injured in a supermarket, you have to be able to prove negligence. The complexity of proving negligence is where your personal injury attorney comes in.

All supermarkets have safety standards that they follow. This includes a specific amount of time in between checking isles, or a specific response time to a spill or broken glass clean up. The problem is proving the company wasn’t following the guidelines. If the customer who is in the aisle before you drop a jar of pickles and then you come by moments after and slip on the mess, the store is probably not liable. The reason they are not liable is that they were not aware of the situation.

As a personal injury attorney, I have seen a couple of cases where a third party was involved and I decided not to take the case. I had one gentleman who slipped on a ballpoint pen, but I did not see a way to prove that the company was liable for the pen being there.

On the other hand, there are cases where the company is definitely liable. For instance, I had one client who slipped on a newly waxed floor. There were no signs warning about the slippery floor, so the company was liable. Another example is a case where a company had put a swamp cooler up on a table to cool customers off, but the condensation ran down the cord and across the floor causing a puddle. My client slipped on the puddle and we had a slip and fall case, because the company created the situation.

As a personal injury attorney, the ease at which we can prove a company created the situation, is the determining factor in whether or not we decided to take a case.

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Personal Injury Lawyer Explains Product Liability Cases

In the news, there always seems to be something about a new recall of some sort. From eggs and vegetables to toys and cars, a product recall can only mean one thing – a company made a mistake. If a company makes a mistake and you are injured because of it, then you need to contact a personal injury lawyer.

Product liability cases can have huge compensation, but you have to be able to prove the company was negligent. Because of the complexity of these cases you need a personal injury lawyer on your side. In fact, one thing that your lawyer will do is to see if others have been affected by the same problem, and if so how many. This may lead to a class-action suit, which will make your case against the company stronger.

An example of a product liability case that made the news is the egg and spinach recalls. These food recalls are examples of how a company’s negligence led to illness. Right now, we are working on a case against Yamaha that looks at a product that is malfunctioning. In this case, the problem is with one of their throttle cables. After a certain period, they get stuck open, which can lead to accidents and serious injuries.

We had one person come to us because the faulty cable injured him. After a little research, we found out that two to three hundred people were injured by this problem. In this case, the person that manufactured the product and the distributors are both or can both be liable for this faulty product. Therefore, the course of action that we chose was a class action suit against both the distributor and the manufacturer.

If a product has injured you, then you should consult a personal injury lawyer. You may be eligible for compensation. In addition, if you are injured, you should act fast, because you want to spread the word before others are injured.

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Our Personal Injury Attorney Says “The Doctor Is Your Friend”

If you are working with a personal injury attorney,and you need to go to the doctor. Being a tough guy or gal is not going to help your case. In fact, it might actually make it impossible to get you the compensation you deserve.

A lot of people think that muscle aches or strains will go away, so why bother go to the doctor. Because going to the doctor is what creates the documentation needed to create a strong case for you. I advise my clients that if they have any new pains or irritations they need to go see a physician right away and complain about the injury.

I actually remember telling one client to be a pansy. It will make it easier to prove to the insurance company that you are actually hurting form the accident. As a personal injury attorney, I am focused on one thing, getting you as much compensation as I can. The more documentation I have that shows your pain and suffering the easier it will be.

You may still be thinking that a visit to a physician is not worth the time for your sore neck, but let me tell you what companies will say. If you wait to go to the doctor for that sore neck then the company will say that the injury came from something else. They will try to create as many excuses as possible to get the sore neck information thrown out.

In addition, that sore neck may actually be the warning sign for a cracked vertebra or some other internal injury. If you go in early, not only will you have the necessary physician verification, you will be able to be treated and to get back to your normal life sooner.

The bottom line is that if you want to have a stronger case, go to the doctor. The more pain your personal injury attorney can show the easier it will be to prove your case.

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