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Wednesday, March 31, 2010
Defective Vehicles and Car Accidents in Sacramento, California
As Californians we spend a great deal of our time in our vehicles. We have to contend with gridlocked traffic, drivers on cell phones, careless drivers and everything else we deal with on a daily basis on California’s freeway system. Recently millions of recalled Toyota defective vehicles have been added to the mix.
As experienced California car accident lawyers at The Cochran Firm we know when you are involved in a car accident the last thing you want to do is battle an insurance company or car manufacturer while you may be recovering from serious injuries.
If you are involved in an accident caused by a defective vehicle it is in your best interests to obtain the services of our experienced defective vehicle accident attorneys without delay. Your vehicle is considered evidence and must be preserved and examined by experts to support your claim that it was not driver error or negligence that caused your accident. We will make certain you receive legal representation that ensures fair financial compensation from those responsible for your injuries.
If you or someone you love has suffered an injury in an automobile accident and you believe a defective vehicle was the cause, please contact The Cochran Firm today to schedule a no cost confidential consultation to protect your legal rights and get the financial compensation you deserve for your injuries and losses.
posted by Benjamin A. Irwin at 2:38 PM
Oklahoma Woman Set on Fire During Surgery
In November 2009, one Connie Plumlee was approaching the final step in her fight with cancer and she was winning. She had been diagnosed with breast cancer and had both chemotherapy and surgery. Her breasts had been removed and she had been found free of cancer. Now she was to have breast reconstruction.
She chose one Dr. Brad Garber in Tulsa, Oklahoma, to do it and she showed up at Saint John Medical Center on time for the procedure. In the recovery room, when she awoke from the anesthesia, she found her face bandaged up. A man was standing at the bedside with tears in his eyes. “Do you know what happened?” he asked.
- “Surgery,” answered Plumlee
- No, replied the man. “You were burned”
Dr. Garber had used alcohol to swab Plumlee before starting on the procedure. He then turned on a cauterizing tool and that ignited a fire. The curtains around the operating table caught fire and apparently Plumlee’s hospital gown also. The heat melted the breathing tube from the respirator, inserted into her mouth and airway so that she could be given breathing assistance during the surgery.
The inside of her mouth was severely burned. According to Plumlee, Dr. Garber told her that it was just a minor setback, that she would have no scars from it, and to think of it like having a chemical peel for facial rejuvenation.
Medical Malpractice Lawsuit Filed
Plumlee was unable to eat or drink because of the damage to her mouth and tongue and the intense pain. Her face and lips are now deformed and she needs daily medical care. After being unable to reach any agreement with Dr. Garber, she and her husband have filed a medical malpractice lawsuit.
Plumlee is a school teacher and has been for 33 years. She was voted Teacher of the Year at two schools in Oklahoma. She and her husband, Jack, have daughters and grandchildren and a strong family life.
Dr. Garber’s attorney has declined any comments. Plumlee’s attorney, Clark Brewster, stated:
- “One of the things we do in filing a lawsuit, not only try to get compensation for our client and restore some type of wholeness, but also to do good work, to make a change or make it known how this can be prevented."
Have you been injured by a medical mistake? It is not only physicians who can be held liable for their mistakes – nurses, physician’s assistants, pharmicists, and many others in the medical field can also be brought to justice if they fail to follow accepted protocol and end up harming a patient.
To schedule a free case review with one of our medical malpractice attorneys, please contact us today. We have offices nationwide to serve you.
posted by Benjamin A. Irwin at 11:12 AM
Tuesday, March 30, 2010
Birth Injuries in Raleigh/Durham, North Carolina
The financial costs of a birth injury can total hundreds of thousands even millions of dollars for a lifetime of therapy, nursing care, medications, durable equipment, electronic devices and all the other overwhelming needs of an infant injured during the birthing process. The emotional and psychological costs to the parents and other family members are immeasurable.
The medical malpractice birth injury attorneys at The Cochran Firm have assisted disabled infants and their families deal with the catastrophic injuries that occurred during the birthing process and are committed to working with a network of medical and legal experts to determine the cause and extent of the birth injury. We will work aggressively and effectively to obtain a fair and just settlement while preparing your case for trial.
When a doctor, nurse, midwife, anesthesiologist or hospital failed to provide you with an acceptable standard of care during your prenatal, labor and delivery or postnatal periods, they need to be held legally liable and financially accountable for the damage you have suffered.
If you live in the Raleigh/Durham, North Carolina area and your child was injured at birth, please contact the birth injury lawyers at The Cochran Firm today to learn how to obtain the financial compensation that can mean a difference in the quality of life for your child now and in the future.
posted by Benjamin A. Irwin at 2:36 PM
Finding Defects in Toyota's Electronics Is, Apparently, Rocket Science
Responding to criticism that the National Highway Traffic Safety Administration (NHTSA) lacked adequate technical knowledge to investigate the potential for defects in Toyota's sophisticated electronics, Transportation Secretary Ray LaHood has enlisted the aid of electronics experts from National Aeronautics and Space Administration (NASA). The scientists will help the NHTSA study the potential link between defective electronics and the cars' sudden acceleration problems. In addition, the National Academy of Sciences (NAS) has been enlisted to conduct a detailed review of electronic vehicle controls in all cars to determine if a systematic or widespread problem exists.
The NASA scientists have experience designing and troubleshooting electronics to withstand a variety of electromagnetic conditions, ranging from terrestrial to passing through high-strength planetary magnetic fields, to undergoing bombardment by cosmic radiation. It is hoped that their outside experience will ensure a comprehensive review. In addition, the NAS review is intended to provide an in-depth analysis of the possibility for widespread problems in the use of electronic throttle controls in cars.
The possibility that electronics are to blame for Toyota's spontaneous acceleration has deeply divided the automaker from its opponents in product liability lawsuits over their potentially defective vehicles. Toyota claims that the problems are mechanical, and has instituted its car recalls on the basis of mechanical problems: first, floor mat pedal entrapment, then the potential for pedal sticking caused by wear. Some product liability lawyers have claimed that the problem is not mechanical, but is electronic, and that Toyota is hiding the problem. The problem, they say, is that the electronic throttle controls can become subjected to transient electromagnetic fields caused by the radio and other nearby electronic components, causing the throttle to send incorrect signals and causing unintended acceleration. Neither the NHTSA nor Toyota has been able to duplicate the problem with electromagnetic fields, but the addition of outside expertise will hopefully ensure no stone is left unturned.
If you have been hurt in an accident due in whole or in part to a defective automobile, the product liability lawyers of The Cochran Firm can help. Please call or email us today to schedule a free case evaluation.
posted by Benjamin A. Irwin at 9:21 AM
Monday, March 29, 2010
Nursing Home Abuse and Neglect in Philadelphia, Pennsylvania
The "City of Brotherly Love" has a problem with abuse and neglect of its elderly population in nursing homes and assisted living centers. Nursing home abuse and neglect of the elderly is often covered-up by the staff and unreported by the victims who are either incapable of giving voice to their abuse or afraid of the repercussions if they tell.
It is reported that over 85% of cases of nursing home abuse and neglect go unreported or unrecognized. Deaths in nursing homes are rarely investigated and almost never prosecuted. Abuse and neglect takes many forms and is seen as physical, emotional, verbal and sexual abuse, unnecessary use of physical restraints and the overuse of medication to keep the residents compliant. Withholding food and water and poor personal care along with financial exploitation encompass other forms of abuse our elders suffer at the hands of undertrained and heartless nursing home and assisted living center staffers.
The nursing home abuse and neglect attorneys at The Cochran Firm have the resources and the will to investigate and evaluate cases of nursing home abuse and neglect and will work hard to ensure the people responsible for these injustices are made to pay for their abuse and neglect. Our attorneys have successfully litigated many cases of nursing home abuse and neglect for our clients and have ensured that the residents’ legal rights are protected under the law.
If you live in Philadelphia, Pennsylvania or the surrounding area and you suspect someone you love is the victim of nursing home abuse and neglect, please contact The Cochran Firm today.
posted by Benjamin A. Irwin at 2:34 PM
The Cochran Firm Honors Its Founder Today
“I’m a big believer in the fact that life is about preparation, preparation, preparation.” Johnnie Cochran
Five years ago today, the United States of America lost a great man, an outstanding trial attorney, a compassionate philanthropist, and a civil libertarian. Johnnie L. Cochran, Jr. died at his home in Los Angeles on Tuesday, March 29, 2005 from a brain tumor. Johnnie is probably best known for his litigating skills and his dedication to fighting for the civil rights of all Americans, regardless of race, religion, or socioeconomic status. Johnnie was (and remains) one of the most highly respected attorneys, not just in the United States, but in the entire world.
Mr. Cochran was born in Shreveport, Louisiana; his family moved to the west coast and settled in the Los Angeles area in the late 1940’s. He attended the University of California, Los Angeles (UCLA) and received a B.S. in Business Administration; he received his J.D. from Loyola Marymount University School of Law in 1962 (now Loyola Law School). In 1963, Johnnie’s legal career began in the criminal division of the City Attorney’s office in L.A. He then entered private practice, handling both civil and criminal cases. In the late 1970’s, he was asked to serve as ADA of Los Angeles County and supervise 600 lawyers. Three years later, he returned to private practice, and the rest, shall we say, is history.
In 1996, Johnnie was elected into the Inner Circle of Advocates, a highly exclusive organization made up of the top 100 personal injury attorneys in the entire country. Another distinction was his induction into the American College of Trial Lawyers, whose membership consists of the top 1% (yes, top 1%) of trial lawyers in America. Johnnie’s list of honors and accomplishments is long and impressive, to say the least.
We honor him today by carrying on his mission: to bring justice to all Americans who suffer due to the wrongdoing or negligence of others. It may have been his celebrity client list that made Johnnie Cochran a household name, but it was his spirit who made him admired, respected, revered, and loved by so many.
posted by Benjamin A. Irwin at 6:29 AM
Sunday, March 28, 2010
Defective Consumer Products in Norfolk/Portsmouth, Virginia
The American consumer trusts manufacturers to make and sell products that are safe and effective to use in our homes, schools, on the job and during leisure time activities. In an effort to increase profits some manufacturers have failed to meet our expectations and consumers have been severely harmed or killed as a consequence.
It is important to consult with an experienced defective consumer products attorney such as those at The Cochran Firm if you have been harmed by a defective consumer product. We work hard on behalf of our clients to protect your legal rights and obtain fair and just financial compensation for your injuries and losses. We will help you recover damages for your medical bills, pain and suffering, lost wages and any other costs related to expenses incurred as the result of the use of a defective consumer product.
We have a successful record of litigating cases involving defective automobiles and automobile parts like seatbelts, air bags, fuel systems, gas pedals, and defective tires. We have also handled cases involving dangerous drugs, defective medical devices, hazardous toys, cribs and strollers and almost every product that Americans assume is safe and harmless, but has caused them to be injured.
If you live in the Norfolk/Portsmouth, Virginia area and have suffered as a result of a defective consumer product, please contact The Cochran Firm today and trust our product liability attorneys to make our experience and knowledge work to get you the financial compensation you deserve for the losses you have endured.
posted by Benjamin A. Irwin at 2:32 PM
Saturday, March 27, 2010
Medical Malpractice in New York, New York
Medical malpractice can occur anywhere and anytime you or someone you care about is injured as a result of a healthcare professional's negligence. The effects of medical negligence and medical malpractice are often life-altering, long term and can even result in wrongful death, but not every bad result experienced by a patient means that medical malpractice has occurred.
Risks and complications are frequently experienced by patients as a normal course of events in the care and treatment of illnesses, diseases or medical conditions. Most risks and complications are unfortunate and unintended risks of a certain procedure, disease or medical condition and not considered to be medical malpractice.
However, believing you were a victim of medical malpractice and proving it in a court of law is a complicated and challenging task. The medical malpractice attorneys at The Cochran Firm are highly qualified and up to that difficult task. Our medical malpractice attorneys have the medical and legal resources to acquire documentation of the events surrounding the incident of medical malpractice and will retain the most sought after expert witnesses on your behalf to support your allegations of medical negligence and malpractice.
If you believe you or someone you care about was harmed because of the negligence of a healthcare provider and you live in the New York area, please contact our highly skilled medical malpractice attorneys at The Cochran Firm today to protect your legal rights and hold those responsible legally accountable.
Labels: New York
posted by Benjamin A. Irwin at 2:29 PM
Friday, March 26, 2010
Traumatic Brain Injury in New Orleans, Louisiana
A traumatic brain injury has a profound effect on the victim and their family as well for a long time to come, sometimes forever. In the event the traumatic brain injury was caused by someone else’s negligence or wrongdoing, it is important to pursue financial compensation that will cover medical and personal care costs well into the future, possibly for a lifetime.
A traumatic brain injury (TBI) is categorized as a catastrophic injury due to the complex nature of the brain and the often devastating effects of such an injury, at times leading to death. A TBI can occur as the result of a car accident, a sports-related injury, a job-related accident, a simple fall or a criminal assault. Symptoms of a traumatic brain injury may include loss of cognitive or motor skills, memory loss, persistent headaches, vision and hearing loss, dizziness, loss of consciousness, emotional instability and personality and behavioral changes. Sufferers of a TBI often are left with permanent disabilities and require extensive medical and personal care for life.
Our traumatic brain injury lawyers at The Cochran Firm have years of experience dealing with the victims of traumatic brain injuries and have litigated their claims for financial compensation quickly, efficiently and successfully.
If you have been a victim of a traumatic brain injury due to the negligence or wrongdoing of someone else, please contact the New Orleans, Louisiana office of The Cochran Firm today and our highly skilled traumatic brain injury lawyers will provide you with expert legal advice to resolve your situation.
posted by Benjamin A. Irwin at 2:26 PM
Fatal Motorcycle Accident Leaves 3 Dead
A sanitation truck crashed into eight motorcycles yesterday afternoon in Arizona. At least three people died in the fatal motorcycle accident. Six others, including an off-duty fire captain, were injured.
The motorcycles, on a group ride, were stopped at a red light at the time of the accident. Several of them got crushed underneath the truck, which caught fire as a result of the collision. A couple on vacation had their rental SUV pushed into the fray, and it caught on fire as well. Fortunately, the couple was not injured in the accident.
Three cyclists and their bikes were pinned beneath the burning truck during the motorcycle accident. Medical choppers on the scene airlifted two of the injured motorcyclists to hospitals for treatment. The other injured victims were transported to local hospitals in an ambulance.
The highway was closed for several hours as police investigated the events of the motorcycle accident. They did not detect any signs that the truck driver was impaired.
If you have been seriously injured in a motorcycle accident, you may be entitled to receive compensation for your damages. If you lost a loved one in an accident caused by the negligence of another driver, you may be entitled to receive compensation in a wrongful death lawsuit.
posted by Benjamin A. Irwin at 10:03 AM
Thursday, March 25, 2010
Train Accidents in Washington, D.C.
Major accidents on railways, subways and light rail lines are uncommon, but if you are involved in such an accident you deserve an attorney with the knowledge, experience and resources to get you the best results in your personal injury or wrongful death claim possible.
In the past several years there have been more than a few accidents involving the D.C. Metro and MARC (Maryland Area Regional Commuter) trains. The accidents with injuries were caused either by mechanical failure, driver error or failure to properly maintain equipment or railway tracks.
Train accidents often result in catastrophic injuries due to high speeds at which trains travel and may include traumatic brain injuries, spinal cord injuries, amputations, severe burns, broken bones and fatalities.
The laws governing train accidents in Washington D.C. and the surrounding area are complicated and it takes our experienced train accident attorneys at The Cochran Firm to bring about a successful conclusion to your claim. Our attorneys will investigate and evaluate every detail of your accident to determine where the fault lies and no aspect of your case will be overlooked.
If you were injured in a train accident in Washington, D.C. or the surrounding area, please contact The Cochran Firm today to schedule a confidential consultation at no cost to you with our experienced train accident attorneys who will help you get the compensation you deserve so you can move on with your life.
posted by Benjamin A. Irwin at 2:47 PM
Defective Medical Devices in Tuskegee, Alabama
Defective or poorly designed and manufactured medical devices and instruments cause serious injuries and deaths every year in the United States. Some of these defective medical devices are recalled, while others are not and remain available for future damaging uses.
Although the Food and Drug Administration (FDA) is responsible for testing and approving every medical device and instrument for safety and effectiveness, the FDA has shown it is unable to test all medical devices and instruments. Recently, problems have surfaced with implantable cardiac defibrillators and cardiac pacemakers. The list of dangerous medical devices and instruments includes, but is not limited to, dialysis filters, hip replacement joints, stents, insulin pumps, knee joint implants and surgical staples.
Cases involving defective medical devices and instruments are complex and costly to litigate, so you need an experienced, competent medical product liability attorney with The Cochran Firm to evaluate and determine whether you have been a victim of a defective medical device or instrument without delay to stay within the strict time limits that govern the medical product liability laws.
If you are a resident of Tuskegee, Alabama or the surrounding area and you or someone you care about has been the victim of a defective medical device or instrument, please contact The Cochran Firm today and learn how to protect your legal rights and get the financial compensation you deserve for your pain and suffering.
posted by Benjamin A. Irwin at 2:44 PM
Truck Accidents in Mobile, Alabama
If you or a loved one was injured or killed in an accident with a truck, you know how one family’s life can change in an instant. When an 80,000 pound truck crashes into a passenger vehicle, the injuries are always catastrophic and often fatal.
Our expert truck accident attorneys at The Cochran Firm have extensive experience in handling truck accident cases and have a proven record of success for our clients. Our truck accident attorneys have the knowledge and expertise to evaluate and investigate your accident and determine who is responsible and who should be held legally liable for your injuries or the wrongful death of a loved one.
A tired truck driver, a truck driver operating under the influence of drugs or alcohol, a poorly trained truck driver, overweight trucks or shifting loads, high speeds, poorly maintained equipment and other contributing factors are commonly involved in a horrific truck accident. Our truck accident attorneys understand the many variables that can be involved in a truck accident and will conduct an aggressive and in depth investigation into the circumstances of the crash.
If you live in the Mobile, Alabama area and you or someone you love has been the victim of an accident with a truck, please contact The Cochran Firm today and learn how we can help you obtain financial compensation to aid in your recovery and make your future secure for you and your family.
posted by Benjamin A. Irwin at 2:24 PM
Recall of Baby Slings Linked to Several Deaths
Infantino SlingRider and Wendy Bellissimo baby slings have been recalled due to the risk of suffocation and death of infants. The U.S. Consumer Product Safety Commission reports 14 deaths of children younger than four months due to these sling-style baby carriers. Over a million slings have been recalled from the U.S., Canada, and Europe. The company is offering replacement slings for the recalled models.
Infantino is a San Diego, California-based company and has worked closely with the government in this recall of their product. However, this will do little to assuage the grief of parents whose infants have died as a result of this defective product. Lawsuits have already been filed by families affected by the death of these infants.
These infants suffocate in the baby carriers because their neck muscles are still weak due to their young age. The fabric of the slings, which cross the parent's chest, can block the mouth and nose of the infant, which can suffocate the infant within a couple of minutes. Another way the child can die is if they are kept in a curled position where the chin is bent toward the chest. The airway is restricted and the child slowly suffocates.
posted by Benjamin A. Irwin at 8:17 AM
Wednesday, March 24, 2010
Traumatic Brain Injury in San Jose, California
A traumatic brain injury (TBI) has a devastating impact on the victim as well as their family for a long time after the injury occurs. There are over five million people dealing with the disabilities associated with a traumatic brain injury in this country today that were caused either by motor vehicle accidents, falls, sports-related injuries or criminal assaults.
The most common symptoms associated with a mild traumatic brain injury may include a brief period of unconsciousness, headache, confusion and dizziness, difficulty concentrating and blurred vision. A moderate to severe TBI is most often associated with a persistent headache, nausea and vomiting, seizures, deep confusion and coma, and often is fatal. Victims of a severe traumatic brain injury usually need months, years and sometimes lifetime physical, emotional and financial support to cope with the challenging effects of their TBI.
When you are confronted with the costs of long term medical care needs it is important to recover the costs associated with future medical treatments, nursing care, medical equipment and medications and lost earning potential. The traumatic brain injury attorneys at The Cochran Firm have the experience and knowledge to work with healthcare professionals to evaluate the extent and nature of your injury. They will use that knowledge in their determination to obtain fair and just financial compensation for the injury you have suffered.
Please contact the San Jose, California office of The Cochran Firm today if you or someone you care about has been the victim of a traumatic brain injury and allow our experienced TBI attorneys to evaluate your case and begin the process of securing your future and the future of those you love.
Labels: San Jose
posted by Benjamin A. Irwin at 2:43 PM
Nursing Home Abuse in Minneapolis, Minnesota
Allegations of nursing home abuse and neglect address residents of nursing homes and other long term care facilities who have been victims of physical, emotional, verbal or sexual abuse because of the intentional or negligent acts of their trusted caregivers.
The nursing home abuse and neglect attorneys at The Cochran Firm are determined to protect the legal rights and dignity of our elderly population in Minnesota. By working diligently to assist victims of nursing home abuse and their families, our attorneys intend to hold those responsible for the abuse and neglect legally and financially accountable.
Nursing home and long term care facility abuse and neglect can take many forms. Some examples of that abuse and neglect include withholding food and water and giving inadequate personal hygiene care, the use of physical and pharmaceutical restraints when unnecessary, poor medical care that leads to bedsores or chronic infections and uncaring and reckless treatment of the most vulnerable population. The consequences of these types of abuse and neglect are severe and can lead to serious injuries and wrongful death.
Please contact the nursing home abuse and neglect attorneys at The Cochran Firm in Minneapolis, Minnesota today if you believe your family member has suffered abuse at the hands of a caregiver and hold those responsible legally liable for their actions.
posted by Benjamin A. Irwin at 2:21 PM
Ohio Supreme Court Upholds Workers’ Comp Limitation
The Ohio Supreme Court has handed down two decisions upholding a 2005 state law known as R.C. 2745.01. In their two 6-1 decisions, the justices found that, as R.C. 2745.01 states, employees who want to file “workplace intentional torts” while they are on Workers’ Compensation must prove that the employer acted “with a deliberate intent to cause injury”.
The two decisions were made with regard to several sections of the Ohio Constitution, all of which recent lawsuits claimed were violated by R.C. 2745.01.
1. Section 34 or 35 of Article II
These sections authorize the Ohio General Assembly to enact statutes providing for "the comfort, health, safety and general welfare of all employees," and to create laws for resolution of job-related injury claims through the Ohio Workers' Compensation program. The Ohio Supreme Court held in Kaminski v. Metal & Wire Products Co., that the statute R.C. 2745.01 does not violate these sections.
2. Multiple Other Sections
The sections at issue were those that guarantee trial by jury, open courts, due process, a damages remedy, and equal protection and separation of powers between the legislative and judicial branches of government. The Justices found that R.C. 2745.01 violates none of those sections.
Justice Robert Cupp, who wrote the two opinions, stated that Workers’ Compensation is designed to be a “no-fault” system. He further stated:
- "As this court has often recognized, workers' compensation laws are the result of a unique mutual compromise between employees and employers, in which employees give up their common-law remedy and accept possibly lower monetary recovery, but with greater assurance that they will receive reasonable compensation for their injury. Employers in turn give up common-law defenses but are protected from unlimited liability."
He noted that in this context, the traditional standards of what constitutes a “just” result can be subordinated to other concerns, and that “awards are routinely made to employees injured as the result of their own misconduct."
If you are wondering about some aspect of your employment and would like to know more about employment law and what your legal rights and options might be, please contact us at The Cochran Firm today for a free case review.
posted by Benjamin A. Irwin at 1:56 PM
Tuesday, March 23, 2010
Bus Accidents in San Francisco/Oakland, California
Bus accidents often result in serious injuries, whether a car, truck or pedestrian is involved. Bus-related injuries may involve a pedestrian that is hit by a bus, passengers injured when a bus tire fails, driver negligence, careless or recklessness or children injured on a school bus. According to the National Highway Traffic Safety Administration (NHTSA) thousands of passengers and others are injured in bus crashes every year in the United States.
At the San Francisco/Oakland, California office of The Cochran Firm our main focus remains on recovering financial losses for our clients that were suffered because of a bus accident such as lost wages, medical bills, rehabilitation costs and any other expenses incurred due to the bus accident. Our personal injury attorneys will act aggressively to evaluate and investigate the cause of the accident and employ medical, forensic and accident reconstruction experts to uncover all the pertinent facts surrounding your case.
You have the legal right to financial compensation for your losses no matter what the bus company or insurance company tells you. Bus accidents can involve complex federal and state laws and regulations of governmental agencies that require the knowledge of personal injury attorneys with experience in the field of bus accident litigation like The Cochran Firm.
If you live in the San Francisco/Oakland, California area and you were involved in a bus accident, please contact The Cochran Firm today.
Labels: San Francisco
posted by Benjamin A. Irwin at 2:40 PM
Kidney Dialysis Errors in Miami, Florida
There are thousands of cases of kidney dialysis errors committed every year in the United States. Kidney dialysis errors include mistakes in the administration of medications, vascular access injuries, excessive blood loss, the failure to properly monitor vital signs, inadequate supervision leading to patient falls, and improper maintenance of kidney dialysis machines. Though kidney disease is a killer, errors in kidney dialysis treatment are responsible for serious injuries and unnecessary deaths also.
If you are a person on kidney dialysis treatments or you care about a person who is on kidney dialysis treatments it is vitally important you make yourself aware of what good medical treatment should consist of. It is not safe to trust the kidney dialysis treatment center to do a good job without first educating yourself to the potential risks involved.
Kidney dialysis patients who believe that they have received inadequate or negligent care at a kidney dialysis treatment center should consult with an experienced kidney dialysis medical malpractice attorney at The Cochran Firm. When kidney dialysis machines are in the hands of undertrained or incompetent personnel or the machines themselves fail, there can be tragic consequences for the patient.
If you live in the Miami, Florida area and have suffered an injury during your kidney dialysis treatment, please contact The Cochran firm today and our expert kidney dialysis attorneys will evaluate your claim and advise you on how to proceed during a confidential consultation at no cost to you.
posted by Benjamin A. Irwin at 2:19 PM
Georgia Supreme Court Overturns Medical Malpractice Damage Cap
Yesterday the Georgia Supreme Court upheld an appellate court decision declaring a legislative cap on noneconomic damages in medical malpractice lawsuits to be unconstitutional. The 2005 law, part of a sweeping tort-reform initiative, declared that a person could not receive more than $350,000 in noneconomic damages, including: "damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature." The specific case involved a woman who suffered infections after a facelift operation, resulting in a long, painful recovery and permanent disfigurement. After a jury trial, she was awarded $1.265 million, which included $1.15 million in noneconomic damages. The lawyers for her facial plastic surgeon said the award should be reduced down to $465,000: $350,000 in noneconomic damages, plus $115,000 in medical expenses.
But the Georgia Supreme Court decided that the original judgment should stand, deciding that the cap on damages was unconstitutional because it infringed on the judicial branch's constitutionally-guaranteed powers. Relying on authorities that predated the Georgia State Constitution, but were cited by the Constitution, including British Common Law, the Supreme Court unanimously decided that the right to a jury trial included the right to have damages determined by that jury. Since both economic and noneconomic damages are considered findings of fact, the Court decided that noneconomic damage caps infringed on the jury's privilege of delivering its verdict. It contrasted these against punitive damages, which are not considered findings of fact.
Noneconomic damage caps are a common form of tort reform, having been implemented in about two-dozen states. In Illinois, last year that state's Supreme Court declared its cap on damages to be unconstitutional, and in many other states the caps continue to face constitutional challenges. For example, read about the challenge to Kansas' noneconomic damage cap, which has yet to be decided.
If you have been hurt by a doctor's negligence in Georgia, the Supreme Court has restored your right to have all your injuries compensated, and the lawyers at the Atlanta, Georgia office of The Cochran Firm stand ready to help you pursue your right. Please contact us today for a free case evaluation.
posted by Benjamin A. Irwin at 9:24 AM
Monday, March 22, 2010
Slip and Fall Accidents in Metairie, Louisiana
In the legal community, slip and fall accidents are considered to be premises liability cases, an area of law that deals with the responsibility of property and business owners to provide a safe environment for individuals who come onto their properties and into their businesses.
If you are injured in a slip and fall accident you are required by law to prove either the owner of the property or business caused the hazardous condition to exist, or the owner knew about the hazardous condition and did nothing to correct it, or the owner should have reasonably known about the hazardous condition and failed to correct it.
Owner negligence can result in wet or unlevel floor hazards, snow and ice accumulations, potholes, missing or damaged handrails on steps or decking, broken sidewalks and inadequate lighting. Slip and fall accidents can cause permanent and severe injuries and some falls have proven to be fatal.
Our highly skilled Louisiana premises liability attorneys at The Cochran Firm are dedicated to obtaining justice for our clients who have been injured in a slip and fall accident, and are willing to use all our resources to make certain you get a fair and just settlement from those responsible for your injuries.
If you or someone you love has been injured or killed in a slip and fall accident, please contact The Cochran Firm today to learn how to protect your legal rights and get the financial compensation you deserve.
posted by Benjamin A. Irwin at 2:17 PM
Mesothelioma in Houston, Texas
It has been common knowledge for decades that exposure to asbestos fibers caused meothelioma, a deadly cancer. Manufacturers knew asbestos was unsafe but continued to manufacture and sell asbestos products to consumers nevertheless.
Workers who may have been exposed to asbestos fibers include, but are not limited to miners, those employed in factories, insulation manufacturers, shipyard and construction workers, automobile mechanics, steel mill and oil refinery workers and workers in cement plants.
Now there are laws to protect victims from asbestos use and laws to hold manufacturers legally responsible for their negligent actions. Every day in court rooms across the United States the mesothelioma attorneys at The Cochran Firm defend the rights of victims of mesothelioma and hold asbestos manufacturers and employers legally accountable for the devastating damage they have caused people like you and your families.
Our goal is to make sure victims of mesothelioma and their families are fairly compensated for their pain and suffering and make certain the malicious companies that negligently put you at risk are held legally and morally accountable for their actions.
If you live in the Houston, Texas area and suspect you have been exposed to asbestos fibers or have been diagnosed with mesothelioma, please contact our experienced mesothelioma attorneys at The Cochran Firm today to learn about how to protect your legal rights and to obtain fair financial compensation for the damages you have endured.
posted by Benjamin A. Irwin at 2:02 PM
Department of Veterans Affairs Assessed Fine for Radiation Violations
The veterans who suffered wrong dosing had undergone brachytherapy, a surgical procedures that implants tiny radioactive pellets known as seeds in the prostrate to kill cancer cells. Upon reviewing medical records, VA officials discovered that 97 of the 116 veterans received the wrong dose of radiation—some receiving too little and some receiving too much. The VA Center in Philly has since shut down its prostate cancer program.
The VA has thirty days to pay the fine or appeal it.
If your loved one has received substandard care in a VA hospital or some other medical facility, The Cochran Firm, with offices nationwide, will hold the guilty parties responsible for their negligence or wrongdoing. Please contact our office today to schedule a no-cost, confidential consultation.
posted by Benjamin A. Irwin at 8:40 AM
Sunday, March 21, 2010
Defective Vehicles and Car Accidents in Memphis, Tennessee
If you have been injured in an accident involving a defective vehicle, you may have reason to file a product liability claim in addition to an automobile accident claim. Car accidents involving defective vehicles are responsible for over 42,000 deaths every year in the United States.
The recent Toyota Motor Corporation recalls of their defective vehicles has given rise to a new awareness of just how vulnerable the American consumer is to the dangers of driving a defective vehicle. A list of Toyota recalled vehicles includes many of the 2004 to 2010 models of the RAV4, Corollla, Matrix, Avalon, Camry, Highlander, Tundra, Sequoia, Prius, Tacoma and the Lexus ES 350, Lexus IS 250 and Lexus IS 350.
The Cochran Firm has expert and experienced attorneys in the field of defective vehicles handling our client’s automobile accident claims quickly and efficiently. We have the legal resources necessary to litigate these complicated claims and prove these accidents were caused by defective recalled vehicles and not driver error or negligence.
If you or someone you love has been injured or killed in an automobile accident involving a defective vehicle, please contact the Memphis, Tennessee office of The Cochran Firm today to protect your legal rights and have our expert defective vehicle attorneys evaluate your case and help you get the financial compensation you deserve.
posted by Benjamin A. Irwin at 2:14 PM
Mesothelioma in Dothan, Alabama
Mesothelioma is a rare form of cancer that strikes the mesothelium, a thin layer of cells lining the internal organs. Pleural mesothelioma is the most common form of the disease and affects the pleural lining of the lungs and accounts for over 70% of diagnosed cases. Pericardial mesothelioma affects the lining of the heart while peritoneal mesothelioma affects the abdominal tissues. Exposure to asbestos is a major risk factor for this disease.
Some warning signs of mesothelioma include shortness of breath, chest pain, coughing, wheezing or hoarseness, weight loss, abdominal swelling, anemia and fatigue and difficulty swallowing. Asbestos is found in many work environments and workers often bring it home to their families on their clothes, shoes and bodies, causing secondary contamination and exposure to the asbestos fibers.
Workers who may encounter exposure to asbestos fibers include those working in mines, factories, shipyards, railroads, construction sites, steel mills, power plants, oil refineries, chemical and cement plants and our nations’ schools.
If you are employed in an asbestos risk-related environment the mesothelioma attorneys at The Cochran Firm would like to talk to you if you have questions and concerns regarding this disease. Our attorneys are dedicated to obtaining fair and just financial compensation for our clients and will work quickly and effectively to do so.
Please contact the Dothan, Alabama office of The Cochran Firm today if you suspect you are a victim of exposure to asbestos or have already been diagnosed with mesothelioma.
posted by Benjamin A. Irwin at 2:00 PM
Saturday, March 20, 2010
Wrongful Death in Los Angeles, California
When a person dies as a result of the negligence or misconduct of another individual, that death is legally considered to be a wrongful death. A wrongful death entitles the deceased’s survivors and beneficiaries to be financially compensated for their losses.
Though no amount of money can replace the loss of a loved one, the legal system has only this one recourse to bring justice and accountability to the victim’s family and that is the assessing of monetary damages on the responsible party or parties.
The laws governing wrongful death claims are very complex, but the wrongful death attorneys at The Cochran Firm have years of experience and knowledge to our credit in handling these complicated cases. We understand the devastation a wrongful death can inflict on a family because we have seen firsthand the suffering these acts of negligence have caused to others.
You are entitled to be compensated for medical, funeral and burial expenses, the pain and suffering of the victim prior to their death, the loss of financial support for the survivors and possible future earning potential. Our attorneys will evaluate the scope of your loss and guide you through the procedures to obtain justice in the loss of your loved one.
If you live in the Los Angeles, California area, please contact the wrongful death attorneys at The Cochran Firm today to schedule a confidential consultation at no cost to you to evaluate your claim and begin the process of assessing accountability and justice for your family.
Labels: Los Angeles
posted by Benjamin A. Irwin at 2:12 PM
Car Accidents and Defective Toyota Vehicles in Detroit, Michigan
The millions of Toyota Motor Corporation vehicles recently recalled for safety issues involving sticking gas pedals causing unintended acceleration, faulty braking systems and floor mats that become entangled in the gas pedal, has caused worry, fear and anger in Toyota owners nationwide.
The Cochran Firm is at the forefront of an effort to assist those owners in obtaining financial compensation for their losses due to automobile accidents caused by these defective Toyota vehicles. Runaway Toyotas are causing horrific injuries and deaths due to Toyotas' inept handling of this massive problem.
The Toyota vehicles involved in the recalls involve the 2004 to 2010 models of some RAV 4, Corolla, Matrix, Avalon, Camry, Highlander, Tundra, Sequoia, Prius, and Tacoma cars, and the Lexus ES350, Lexus Is 250 and Lexus IS 350 as well.
Our experienced defective vehicle attorneys at The Cochran Firm have all the resources necessary to fight for Toyota owners, and get these complex claims litigated quickly and efficiently so you can feel safe driving the vehicle of your choice once again.
Please contact The Cochran Firm in Detroit, Michigan today to schedule a confidential no cost to you consultation with one of our Toyota recall attorneys to protect your legal rights and proceed with your claim against the Toyota Motor Corporation.
posted by Benjamin A. Irwin at 1:57 PM
Friday, March 19, 2010
Surgical Errors in Las Vegas, Nevada
Surgical errors are responsible for an excessive number of deaths in operating rooms in the United States each year. A surgical error occurs when a surgeon or other member of a surgical team fails to provide an accepted standard of care and treatment which results in injury or death.
Surgical errors are responsible for 50% of all medical malpractice lawsuits in this country annually. Surgical errors can occur pre-operatively, during surgery and post-operatively. Some typical surgical errors involve surgery on the wrong person, surgery on the wrong body part, anesthesia errors, medical instruments and materials left inside the surgical site and the failure to recognize when a surgical procedure is going terribly wrong. Post-operative infections are becoming one of the most common problems in hospitals across the country today due to negligence and carelessness on the part of hospital staffers.
The medical malpractice attorneys at The Cochran Firm have many years of experience handling surgical error cases for our clients and have a reputation for dealing with medical malpractice insurance company attorneys’ attempts to limit blame and financial compensation to patients with determination and strength of purpose.
If you live in the Las Vegas, Nevada area and you or someone you care about has been the victim of a surgical error, please contact the medical malpractice attorneys at The Cochran Firm today to protect your legal rights and learn how you can hold those responsible for your pain and suffering legally accountable.
Labels: Las Vegas
posted by Benjamin A. Irwin at 2:10 PM
Defective Drugs in Dallas, Texas
If you have been injured by a defective drug The Cochran Firm can help you get the financial compensation you deserve. Our team of experienced defective drug attorneys can help you navigate the complex world of defective drug litigation.
Each year thousands of consumers suffer severe and even fatal side-effects related to defective drugs they believed were safe. These drugs were approved by the Food and Drug Administration (FDA), and they were prescribed by doctors they knew and trusted. However, many drugs are inadequately tested or have insufficient warnings posted leaving physicians and their patients ignorant of the true possible side-effects.
A drug company can be held legally accountable for injuries suffered because of the use of their product. The defective drug lawyers at The Cochran Firm have the experience and resources to handle the complex litigation regarding injuries and deaths involving defective drugs. Our lawyers will make certain our resources, knowledge and experience work hard for you and hold those legally liable accountable for their actions.
If you live in the Dallas, Texas area and you or someone you care about was injured by the use of a defective drug, please contact The Cochran Firm today to learn what you can do to protect your legal rights and the rights of those you love and make informed and confident decisions with our guidance and expertise supporting you.
posted by Benjamin A. Irwin at 1:56 PM
According to Honda, over time, brake pedals may begin to feel “soft,” requiring them to be pressed closer to the floor in order to function properly. Failing to correct the issue may lead to an increased likelihood of an auto accident.
The National Highway Traffic Safety Administration has already received reports of three auto accidents related to these defective autos; however, none of the accidents resulted in serious injuries.
The problem is caused by defects in the vehicle stability assist modulator, a device that powers the electronic stability control system in the brakes. When the vehicle is started, the device lets a small amount of air into the hydraulic brake lines, forming an air bubble. This air bubble can potentially result in the loss of braking power.
Honda has announced that owners of the recalled vehicles will receive a letter by mid-April discussing recall protocol. If you are afraid that your vehicle has already lost braking power, you can contact your local dealer to receive a temporary fix until the parts for the permanent solution arrive next month.
If you have been injured in an auto accident caused by a defective Honda, please contact the defective auto attorneys at The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.
posted by Benjamin A. Irwin at 9:20 AM
Thursday, March 18, 2010
Train Accidents in Jackson, Mississippi
A train accident can devastate lives and affect whole communities if a derailment involving toxic substances occurs. Evacuations of vulnerable people like senior citizens, children and the infirm cause unnecessary hardships for all involved.
Train accidents are usually very serious because of the sheer size, weight and speed of the vehicle involved. Train wrecks typically involve a collision with another train, a derailment, a collision with a car, truck, bus or pedestrian, mechanical failure, improperly maintained equipment and tracks or operator negligence.
Since many variables can lead to a train accident, those responsible for your injury, pain and suffering, loss of income and medical bills need to be investigated and evaluated for culpability. The train accident attorneys at The Cochran Firm will research your claim and advise you how to proceed quickly and efficiently and allow you to go on with the rest of your life secure in the knowledge you have had the best legal representation available to you.
If you live in the Jackson, Mississippi area and you have been injured in a train wreck or your life has been affected by a train derailment involving toxic substances, please contact The Cochran Firm today to schedule a confidential consultation at no cost to you to learn how you can recover your losses and be financially compensated for your pain and suffering.
posted by Benjamin A. Irwin at 2:07 PM
Defective Toyota Vehicles and Car Accidents in Chicago, Illinois
Following a massive recall by Toyota Motor Corporation of many of its vehicles for floor mats that interfere with gas pedals and sticking gas pedals that cause unwanted acceleration, Chicago area residents are filing lawsuits claiming the defects led to accidents that resulted in serious injuries and deaths.
The National Highway Traffic Safety Administration (NHTSA) has also received complaints regarding the brakes on some Toyota vehicles and is launching an investigation into the matter. Toyota owners are becoming increasingly upset and fearful of even driving their cars and many have parked them and turned to rental cars for safety reasons.
An investigation has revealed that Toyota has refused to provide important information sought by crash victims and survivors after an automobile accident involving a Toyota vehicle’ and when Toyota was pressed to provide the requested information either settled out of court or provided information with key facts blacked-out in the documents.
Our defective vehicle attorneys at The Cochran Firm have years of experience dealing with automobile manufacturers corporate legal teams and their delaying tactics and will work diligently to ensure our clients receive the best legal representation available in their fight for the financial compensation they deserve for the damages they have suffered.
If you have been in a car accident in the Chicago, Illinois area that may have resulted from a defective Toyota vehicle, please contact The Cochran Firm today to schedule a no cost to you confidential consultation to protect your legal rights and hold those responsible legally liable.
posted by Benjamin A. Irwin at 1:49 PM
Suicide of Florida Child May be Linked to Psychiatric Medication
The suicide of a 7-year-old Florida boy has led to the introduction of a bill in that state's legislature that will lead to more closely monitoring psychiatric drugs given to children in foster care. The young boy was prescribed Seroquel, a drug to treat bipolar disorder, as well as other psychiatric drugs labeled by federal regulators as having dangerous side effects. One of the potential side effects is heightened suicidal thoughts and actions.
The boy was found hanged in a bathroom with a shower cord. It is believed the risks of the psychiatric drugs were not adequately explained to the boy's foster parents. Regardless, these drugs are not approved for use by young children, but they are often prescribed off-label to treat other issues not normally associated with them.
One Florida state senator says the new measure will require an independent review panel before psychiatric drugs can be prescribed to children under ten. She also believes drugs have replaced talk-therapy and are over-prescribed to children who adults believe are unruly.
The bill will also require caregivers and doctors to report adverse side-effects, which must be documented by the Department of Children and Families. Children will also be required to undergo a mental health treatment plan, including counseling to children that are prescribed drugs.
The boy's death helped to prompt a statewide investigation that showed around 13 percent, or almost 2700, foster children are given psychiatric drugs. Only four to five percent of children in the general population are given these kinds of drugs.
It used to be that children running around and acting "unruly" were simply being children. However, the nation sees more and more that adults want to prescribe these children dangerous drugs to settle them down. As the Florida state senator told the media, all this does is cover any behavioral problems that could be treated with therapy instead of medication. "All you're doing is putting him in a chemical straight jacket so that he can't act out so you can get him to 18 and dump him into adulthood and that's not acceptable."
If your child has been prescribed psychiatric drugs like Seroquel and is exhibiting side effects, contact your pediatrician. Next, please contact the experienced pharmaceutical liability attorneys at the Cochran Firm for an initial consultation. We serve clients nationwide.
posted by Benjamin A. Irwin at 7:06 AM
Wednesday, March 17, 2010
Spinal Cord Injuries in Huntsville, Alabama
Spinal cord injuries (SCI) are life-threatening, life-changing and often cause permanent paralysis and death.
Recovery from a spinal cord injury is a complicated and infrequent occurrence, and intensive rehabilitation is needed to maintain any semblance of function at all. Many spinal cord injuries are the result of motor vehicle accidents, sports-related or job-related injuries, criminal assaults and falls.
Though accident related injuries are the most common cause of a spinal cord injury, medical conditions and medical procedures are also known to result in spinal cord injuries and include infections, a herniated disc, tumors, abscesses, blood clots, surgical errors and spinal taps. A spinal cord injury is a medical emergency and immediate treatment is necessary to minimize the damage and try to prevent permanent disability or death.
An experienced spinal cord injury attorney such as those at The Cochran Firm will work diligently to recover the maximum financial compensation possible for damages necessary to support your care and treatment for a very long time and possibly for the rest of your life.
Please contact our spinal cord injury experts at The Cochran Firm today if you live in the Huntsville, Alabama area and have suffered a spinal cord injury so our highly skilled attorneys can evaluate your case and advise you on how to proceed to obtain the financial compensation you deserve.
posted by Benjamin A. Irwin at 2:05 PM
Surgical Errors in Birmingham, Alabama
Thousands of people are injured, scarred and even die as a result of medical malpractice and negligence before, during and after surgery.
Surgical errors can occur during preoperative and post-operative care as well as during surgery. Surgical errors include inadequate pre-operative evaluations, anesthesia errors, surgery on the wrong body part or wrong side of the body, wrong organ and even the wrong person.
Inadvertent puncturing of internal organs during a surgical procedure that goes undetected and causes a life-threatening infection and retained surgical instruments and materials are other common surgical mistakes that often lead to serious complications, intense pain and suffering and wrongful death. Failure to monitor vital signs adequately after surgery also causes some people to suffer complications and die following a surgical procedure.
The medical malpractice attorneys at The Cochran Firm believe victims of surgical errors deserve to be financially compensated and have been very successful in litigating claims against surgeons for damages for your pain and suffering, lost wages, medical bills and any other expenses incurred due to the error made by the surgeon. Our medical malpractice attorneys will work with you to determine exactly how you were affected and what fair financial compensation you should receive.
If you live in the Birmingham, Alabama area and you or someone you love has been the victim of a surgical error, please contact The Cochran Firm today to protect your legal rights and get the financial compensation you deserve.
posted by Benjamin A. Irwin at 1:45 PM
Texas Medical Malpractice Statute of Limitations
In November, 1995, a Texas woman, one Emmalene Rankin, had a hysterectomy and all was apparently well until July, 2006. At that time she developed abdominal pain and doctors found that a sponge had been left inside her at the time of the hysterectomy.
Rankin sued two physicians and the Methodist Healthcare System of San Antonio. However, Texas has a law that limits medical malpractice claims after ten years have passed and in this case, more than ten years had passed since the sponge was left in Rankin. Texas lawmakers had been concerned about unlimited liability claims pushing up medical malpractice insurance rates to an unaffordable level and the ten year limit was created to help with that issue.
Texas Supreme Court Overthrows Her Appeal
Rankin’s suit argued that the ten-year limit violates an “open court” provision in the Texas Constitution. Apparently, her suit was thrown out but she appealed and the appeals court supported her suit. However, now the Texas Supreme Court has overthrown the appeals court decision.
"Giving wide berth to the Legislature's policy judgments, as we must, we cannot say lawmakers offended the Constitution by cutting off malpractice claims after giving claimants a decade to bring suit," Justice Don Willett wrote in the court opinion. “We have recognized that the length of time that insureds are exposed to potential liability has a bearing on the rates that insurers must charge.'
There is still the two-year statute of limitations as well. An injured patient has up to two years to file a medical malpractice claim, and that time period is counted from the day when the medical error is discovered. But if the ten year period has passed since the medical error, no suit can be filed.
Are you wondering if your injury was the result of a medical error? If you would like to schedule a free case review with one of our medical malpractice attorneys, please call or email us today. We have offices nationwide to serve you.
posted by Benjamin A. Irwin at 9:39 AM
Tuesday, March 16, 2010
Nursing Home Abuse and Neglect in Atlanta, Georgia
The elder abuse lawyers at The Cochran Firm have dedicated themselves to protecting the dignity and legal rights of the elderly. Our lawyers work hard to help nursing home abuse victims receive financial compensation for their physical and psychological injuries suffered at the hands of undertrained, overworked, reckless or careless employees of nursing homes or assisted living centers.
Choosing a nursing home or assisted living center for the care of a family member is a difficult task. You have to put your trust in professional caregivers when you are unable to provide that level of care your family member requires yourself.
Our elder abuse attorneys at The Cochran Firm have encountered various forms of nursing home and assisted living center abuse and neglect including physical, emotional, verbal and sexual abuse, the withholding of food and water, the use of unnecessary physical restraints, over medication, chronic infections, and bed sores. The abuse almost always results in severe consequences for the vulnerable victims.
Please contact the nursing home abuse and neglect attorneys at The Cochran Firm in Atlanta, Georgia today if you suspect your family member has been the victim of abuse and neglect. Do not let another day of abuse and neglect of your loved one go by without taking the steps to hold those responsible legally accountable for their actions.
posted by Benjamin A. Irwin at 1:09 PM
Toyota Says Nothing Wrong with Prius
Last week, a California man described a harrowing ride after his Toyota Prius experienced spontaneous acceleration. Although there was no car accident caused, the possibility that Priora are also subject to unexplained acceleration could have severe repercussions. Because the Prius is not part of ongoing recalls related to mechanical sticking of the accelerator pedal, if the Prius turns out to be a defective vehicle, it could have extremely far-reaching consequences. Not only would the approximately one million Priora in the model years 2004 to 2008 be potentially subject to a car recall, but every new model implicated in unexplained acceleration events raises the possibility that Toyota's newest recall, like its earlier ones, does not fully encompass the problem.
Perhaps that is the reason why Toyota is so aggressively investigating the problem and publicly refuting the driver's claims. According to Toyota, the man's "account of the event is inconsistent with the findings of the preliminary analysis." Namely, Toyota claims:
The accelerator pedal was in working order and functioning normally
The brakes showed wear and damage from overheating
Computer records showed the brakes and accelerator had been applied in an on-and-off fashion
No diagnostic trouble codes in the computer
The shift lever and power button were functioning as they should
The brake override system, which shuts off the engine when the brakes are applied, even if the gas pedal is depressed, was working
Toyota's investigations were overseen by representatives from the National Highway Transportation Safety Administration (NHTSA). No one is claiming these results are final, and investigations are ongoing. Toyota has stopped short of accusing the man of fabricating the story, but has assembled the case for such an accusation. Instead, it is focusing on the message that the Prius is safe and not subject to the same defects as Camrys, Corollas, and others.
However, it should be noted that the initial reports of Camry's unexplained acceleration were met with a similar response.
If you or a loved one has been hurt in an accident caused or worsened by a defective car, the product liability lawyers at The Cochran Firm can help. Please call or email us today for a free case evaluation.
posted by Benjamin A. Irwin at 8:32 AM
Monday, March 15, 2010
Pediatric Heart Pump Linked to Child’s Death
MicroMed officials claim the device was working properly and had nothing to do with the 4-year-old cancer patient’s death. The DeBakey VAD was recommended after the child developed life-threatening heart failure as a result of chemotherapy. MicroMed insists the child died not because of the device but due to complications of chemotherapy and an anticoagulant medication.
While the FDA is not saying the device directly caused the death, it is saying that MicroMed had a legal duty to report the death.
The DeBakey VAD was FDA-approved in 2004 and is implanted in the patient’s chest; the only other device close to its kind is the Berlin Heart, but it is for infants and adolescents and worn outside the body.
If you or a loved one has been harmed by a defective medical device, please contact The Cochran Firm, with offices nationwide, today to schedule a confidential, no-cost consultation.
posted by Benjamin A. Irwin at 8:40 AM
Friday, March 12, 2010
Killer Nurse Must Pay $95 Million in Wrongful Death Suit
A Pennsylvania jury awarded $95 million to the families of eight people who were murdered by a nurse practicing in the New Jersey and Pennsylvania area. The nurse is widely considered to be one of the most prolific killers in the history of the U.S. health care industry.
Charles Cullen is currently serving a life sentence in New Jersey for the murder of 29 patients at local area hospitals. It is believed that he actually killed more than 40 people in total, although he has only been charged with the murder of 29. The eight victims associated with the current wrongful death lawsuit all died at St. Luke's Hospital between 2000 and 2002.
Cullen never responded to the wrongful death lawsuit, and he did not make any attempts to defend himself in court. As a result, the judge ruled that he was responsible for the eight deaths in question. The ensuing three day trial was conducted for the purposes of determining the damage award.
Unfortunately for the victims' families, Cullen is broke and most likely will not be able to make good on the $95 million damage award against him. However, as part of the terms of damage award, the victims' families will be able to claim any money Cullen may earn in the future if he chooses to pursue a book or movie deal related to his story.
If you have lost a loved one due to the negligent actions of another, please contact the experienced wrongful death attorneys at The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.
posted by Benjamin A. Irwin at 10:07 AM
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