February 10, 2008

$4 million wrongful death verdict to parents of child who drowned in swimming pool

In a recent wrongful death lawsuit, a jury awarded over $4 million to the family of a boy that drowned in a country club pool. The pool management company was found negligent for failing to adequately staff the pool and train lifeguards properly. The couple could appeal because their state caps wrongful death cases at $1.3 million so the pain and suffering of their 5-year-old son was dismissed. Parents are often forced to fight for justice for their children when they are injured, and swimming pool related injuries are one of the most common types.

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February 9, 2008

FDA proposes rule holding prescription drug companies less accountable than recent federal law intended

The FDA has proposed a rule in direct contradiction to a law passed by Congress that helps hold negligent drug companies accountable for injuries to consumers caused by prescription drugs. Congress passed the Food and Drug Administration Amendments Act (FDAAA) recently which holds drug companies responsible for promptly updating drug labels when they become aware of new safety information. The new rule being proposed by the FDA will relax labeling requirements so that drug companies can use it to claim immunity for failures to warn patients and consumers of drug hazards. This is a form of bureaucratic activism, where unelected agencies like the FDA ignore the will of Congress. If the drug companies are not held accountable for failure to warn, unnecessarily injured consumers will not be able to win compensation from them and the burden will be transmitted to taxpayers.

CONTACT YOUR CONGRESSIONAL REPRESENTATIVES TODAY
and urge them to investigate the FDA's attempt to upsurp Congress's authority to protect the health, safety and wellbeing of their constituents.

February 7, 2008

Infant sustains facial burn injuries in surgical fire

A 12-hour-old baby recently sustained severe burn injuries to his face resulting either from the use of a defective product or medical malpractice. An oxygen hood the baby was wearing on his face caught fire and the infant is in critical condition, in a medically induced coma and on a ventilator. It is too soon to tell if the parents will file a personal injury lawsuit claiming product liability or whether the accident occurred due to human error, implying medical malpractice. Hospital fires occur from 50 to 100 times a year during surgeries in the United States, often causing serious burn injuries and are sometimes fatal.

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