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.

Click here for the full article

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 8, 2008

Family of Iraqi solder wins $5 million in wrongful death lawsuit against Kuwaiti contractor

The family of a US Soldier filed and won a wrongful death lawsuit against a Kuwait-based contractor after one of the company's vehicles collided with the soldier's Humvee in a truck accident. The soldier was killed while in Iraq and his family was awarded $5 million in the verdict. The lawsuit claimed that the company was negligent for its failure to provide safe passage on the road where the soldier was struck and killed. The US District Court Judge found that a US court did have jurisdiction over the foreign contractor and could legally find it negligent. This suit theoretically opens the door to more foreign contractor lawsuits.

Click here for the full article

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.

Click here for the full article

February 6, 2008

$21 million verdict in wrongful death case; driver on cell phone found negligent in fatal car accident

Numerous studies have shown that talking on a cell phone while driving a motor vehicle increases the risk of automobile accidents. In a recent wrongful death lawsuit, a jury awarded $21.6 million to a man who's wife was killed in a car accident by a driver talking on her cell phone. The defendant claimed that although the female driver was negligent, the accident was not caused because she was talking on her cell phone. The jury disagreed.