The Cochran Firm Legal Blog

Jock Smith funeral held Sunday

2012-01-18T11:59:00.000-08:00

MONTGOMERY, AL (WSFA) -

Close to 1,000 people from across the state and various parts of the country traveled to Montgomery to remember well-known attorney, Jock Smith.

Friends and family crowded into the Dunn-Oliver Acadome on the campus of Alabama State University Sunday afternoon for Smith's funeral service.

Attorney Jock M. smith was the co-founder, national partner and president of the Cochran firm and managing partner of the firms Tuskegee office. Smith passed away last Sunday from a heart attack at the age of 63.

Copyright 2012 WSFA 12 News. All rights reserved.

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Jock M. Smith (1948 - 2012)

2012-01-08T18:00:00.000-08:00

The family of Attorney Jock M. Smith and members of The Cochran Firm are deeply saddened by the passing of Jock M. Smith, Co-founder, National Partner, and President of The Cochran and managing partner of the firm’s Tuskegee office.

Mr. Smith passed away on Sunday morning, January 8, 2012. He is survived by his wife, Yvette Smiley- Smith, and his daughter, Janay Smith. Mr. Smith was 63.

Multiple Violations Cited for Company Involved In Deadly Bus Crash

2011-06-02T16:25:00.001-07:00

The Charlotte, North Carolina based tour bus company which crashed in the early morning hours of May 31, 2011 was only on the road because the company, Sky Express, appealed a Department of Transportation finding that the company was unfit for commercial interstate travel.

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration(FMCSA) declared Sky Express, Inc, the bus company responsible for the deadly crash in the early morning hours of May 31, 2011, out of service. This out of service order prohibits the company from operating in any interstate transportation services. This order only came after this tragedy and too late for the passengers and the families of the four victims who lost their loved ones in this horrific incident.

This preventable tragedy on Interstate 95 North in Caroline County, Virginia was not the first time Sky Express, Inc. had safety problems. Based on reports found on FMCSA’s website Sky Express has been cited for the following violations in the past 24 months:

• 17 total unsafe driving violations
• 46 total fatigued driving violations
• 24 Driver Fitness Violations
• 120 Vehicle Maintenance Violations
• 4 crashes which resulted in a tow-away

Sky Express’s list of transgressions does not end here either. Following FMCSA’s cease-and-desist order against Sky Express after the deadly accident, Sky Express is believed to have attempted to sell tickets under a new name. The Transportation Department is reporting that after the deadly accident Sky Express was attempting to sell tickets under the names108 Tours and 108 Bus as well as re-painting their buses.

The Virginia State Police is currently investigating this accident and has issued an affidavit requesting a search warrant of documents and evidence of Sky Express. The search warrant confirms that the driver fell asleep or dozed off while operating the commercial vehicle.

Virginia wrongful death law allows for financial recovery based on loss of a loved one for grief, solatium, companionship and other claims, as well as economic losses. There is no statutory cap on the recovery available. The Cochran Firm is investigating this incident, including the amount of insurance coverage available and all possible defendants.

If you have been injured in a bus accident in the Washington, D.C. or Northern Virginia area, please contact The Cochran Firm today to schedule your free initial consultation. The Cochran Firm has extensive experience in the areas of mass tort casualty, bus injuries and death, and multiple death cases, including trying these cases successfully to verdict in Virginia.

Traumatic Brain Injury in Minneapolis, Minnesota

2010-11-09T08:27:00.000-08:00

When your brain is injured by a sudden impact to your head, the consequences can be catastrophic and irreversible. A traumatic brain injury (TBI) often results in permanent physical, mental and emotional damage. The compassionate TBI attorneys at The Cochran Firm, Minneapolis have helped many families following the devastation of a brain injury, and we can help you too, so you can focus on healing while we focus on getting you the financial compensation to which you are entitled.

The symptoms of a traumatic brain injury can be immediate or develop slowly and may include seizures, persistent vomiting, debilitating headache, blurred vision, amnesia, paralysis, personality changes and even death. Victims of a traumatic brain injury often need a lifetime of constant medical care and treatment if they survive the injury.

According to the National Institutes of Health, half of all traumatic brain injuries result from auto accidents. Whiplash, a sudden distortion of the neck most commonly seen in car accidents, can cause a traumatic brain injury. Other incidents that can cause traumatic brain injuries are falls, swimming and diving accidents, construction site accidents, and criminal assaults.

When a traumatic brain injury occurs due to someone else's negligence or willful actions, the traumatic brain injury attorneys at The Cochran Firm can help. We have the experience and knowledge to understand and present medical issues along with the legal skills to represent your interests effectively and successfully.

If you or someone you love has suffered a traumatic brain injury due to someone else’s negligence in the Minneapolis, Minnesota area, please contact the traumatic brain injury attorneys at The Cochran Firm today to schedule a confidential consultation. We will discuss what options are available to you to ensure you receive the financial compensation you need and deserve.

Truck Accidents in Miami, Florida

2010-11-08T08:25:00.000-08:00

Truck accidents are an unfortunately common occurrence on I-95, the Florida Turnpike and Krome Avenue. What starts out as a leisurely commute to work or running some errands can turn into a violent and deadly day if a truck collides with your car. Truck accident cases often require meticulous attention to detail, and we have experienced accident reconstructors on staff to assist our Miami, Florida Cochran Firm attorneys with these claims.

An injury caused by a negligent truck driver can be catastrophic: a traumatic brain injury, a spinal cord injury, shattered bones, and even an injury that can result in a wrongful death. The safety of everyone on our roads is in jeopardy because of the actions of negligent or reckless truck drivers.

Truck accidents can be caused by truck driver negligence and fatigue or defective and improperly maintained trucks or tires. No matter the circumstances of your accident with a truck, the experienced truck accident attorneys at The Cochran Firm will guide you through every aspect of the legal process quickly and effectively. We will get you the financial compensation you need and deserve for the injuries and losses you have suffered.

If you have been involved in an accident with a truck in the Miami, Florida area, please contact the experienced truck accident attorneys at The Cochran Firm today so you do not have to go through the painful process of recovering your physical and financial life alone. Our Miami truck accident lawyers work on a contingency basis, which means no money is paid to our team unless you receive a settlement or receive a positive verdict and award by the jury and/or judge.

Nursing Home Abuse in Metairie, Louisiana

2010-11-07T08:22:00.000-08:00

The fastest growing segment of the population in the United States is the elderly. Since more Americans are living longer, nursing homes are needed and relied upon by more and more families to care for our loved ones who can no longer care for themselves. Sadly, too many nursing homes have betrayed the trust we have placed in them. In some cases, the very people who were supposed to protect the vulnerable elderly are neglecting and abusing them. The Cochran Firm's Metairie, Louisiana attorneys stand ready to hear the details of your case if a loved one has suffered harm due to negligent or abusive care in a nursing facility.

Although victims of nursing home abuse often are unable to communicate instances of abuse, there are warning signs to alert family and friends of what is happening. Unexplained weight loss, loss of mobility, bedsores, bruises, cuts, broken bones, overmedication, unsanitary conditions, missing personal possessions or suspicious activity in financial accounts are all indicators of possible abuse.

Discovering a loved one has been a victim of nursing home abuse or neglect is devastating for family members, but it is important to realize there are laws that hold the abusers legally accountable.

The experienced nursing home abuse attorneys at The Cochran Firm have been protecting the rights of our clients for many years in this challenging and emotional area of the law. We will fight aggressively for those harmed by others and hold the abusers legally liable for their actions.

If you suspect a family member has been the victim of nursing home abuse or neglect in the Metairie, Louisiana area, please contact the experienced nursing home abuse attorneys at The Cochran Firm today. Our Metairie, Louisiana attorneys work on a contingency basis, which means we do not get paid unless you are awarded a settlement or award by the judge and/or jury.

Birth Injuries in Memphis, Tennessee

2010-11-06T16:04:00.000-07:00

Although the majority of babies are born during joyous, routine and uneventful labors and deliveries, not all newborns are so lucky. Tragically, a mismanaged labor and delivery can result in permanent injuries and life-long disabilities such as brain damage and shattered bones. The Cochran Firm's Memphis, Tennessee birth injury attorneys have experience in these difficult cases, and we are here for you if your child was harmed due to medical error.

An unnecessary birth injury can be the result of a healthcare provider’s failure to recognize and treat a mother's high blood pressure, the failure to respond to fetal distress, oxygen deprivation, the failure to perform a C-section in a timely manner and injuries to the baby caused by forceps and vacuum extraction deliveries among other causes.

The physical, emotional, and financial toll experienced by the parents, siblings and extended family members when a baby is injured at birth can be overwhelming. The costs of providing specialized medical care, rehabilitative therapies, special educational needs, and nursing care for a special needs child are not easily absorbed by most families. At the same time, having to adjust your expectations and dreams for your child while providing support and caring concern can be helped by not having the burden of worrying about how to finance the future of your birth injured child.

The experienced birth injury attorneys at The Cochran Firm have made a heartfelt commitment to ensure families get the maximum financial compensation they need to secure the future of their birth injured child so the family can better cope with their physical and emotional healing free of financial concerns.

If you live in the Memphis, Tennessee area and your child was injured at birth, please contact the experienced birth injury attorneys at The Cochran Firm today. We offer no-cost, no-obligation, confidential consultations, and we work on a contingency basis, which means we collect no money unless you receive a settlement or positive verdict and award.

Automobile Accidents in Los Angeles, California

2010-11-05T16:02:00.000-07:00

An automobile accident has the capacity to change your life in an instant. Victims of automobile accidents often suffer extensive injuries that bring pain and suffering, disfigurement, loss of income, crushing medical expenses, and months of rehabilitative therapy - if you were lucky enough to survive. It is imperative that you contact an experienced, knowledgeable auto accident attorney such as the ones at the Los Angeles office of The Cochran Firm. These cases can be complicated, but we have highly trained accident investigators on our team who have what it takes to fight these cases and win.

Driver distractions, such as cell phone use and driving under the influence of alcohol and drugs are just a couple examples of situations that can lead to automobile accidents. Speeding, hazardous road and weather conditions and defective vehicles and tires can also lead to motor vehicle crashes, destruction of property and loss of life in California. Even if you obey the rules of the road and drive defensively and cautiously, the chances of being involved in an automobile accident that is no fault of your own are tremendous.

The experienced Los Angeles automobile accident attorneys at The Cochran Firm can have a major impact on the outcome of your insurance claim or lawsuit if you were involved in an automobile accident. They have the knowledge and resources available to greatly enhance your ability to recover the maximum financial compensation you need and deserve to restore your quality of life.

If you live in the Los Angeles, California area and you or someone you care about was injured or killed in an automobile accident, please contact the experienced automobile accident attorneys at The Cochran Firm today to schedule a confidential consultation to discuss your case.

Wrongful Death in Las Vegas, Nevada

2010-11-04T16:01:00.000-07:00

The unexpected and sudden death of a family member can leave the survivors traumatized, disoriented, confused and paralyzed by grief. You may feel unable to think clearly and make the important decisions needed at this tragic time in your lives. The wrongful death attorneys at the Las Vegas office of The Cochran Firm have helped many families in and around Las Vegas deal with the aftermath of a wrongful death, and we can help you, too. While you grieve and try to move on with your lives, we want to take care of the legal aspect of your loss, so you don't have to worry about anything but taking care of yourself and your family.

If you have lost a loved one in an automobile accident, due to medical malpractice or negligence, or because of someone else’s wrongful actions, choosing a wrongful death attorney to protect your legal rights and obtain justice for the deceased is one of the most important decisions you will ever have to make.

The wrongful death attorneys at The Cochran Firm believe every human life has not only a value as a treasured family member, but a financial value as well. Losing that loved one will impact remaining family members who depended on the deceased for comfort and support. As a survivor, you have the legal right to be financially compensated for medical expenses incurred prior to death, funeral and burial expenses, lost income and lost future earning potential had your loved one lived.

If you live in the Las Vegas, Nevada area and you have lost a family member to a wrongful death, please contact the experienced wrongful death attorneys at The Cochran Firm today to protect your legal rights and secure your future.

Automobile Accidents in Jackson, Mississippi

2010-11-03T15:58:00.000-07:00

Automobile accidents are responsible for seriously injuring millions and killing thousands of people every year while changing the lives of victims and survivors forever. The auto accident attorneys at The Cochran Firm in Jackson, Mississippi have helped people injured in accidents caused by someone else’s negligence or careless behavior. We can help you, too.

When you suffer injuries and financial losses in an automobile accident you deserve full financial compensation in a reasonable amount of time. Even minor car accidents can result in huge medical bills and lost time from work. What is very frustrating about many car accidents is that they could have been avoided altogether. The top three causes of fatal automobile accidents involve negligence: speeding, driving under the influence of alcohol or drugs and failure to control a vehicle.

The toll an automobile accident takes on victims and their families is often devastating. The physical, emotional and financial strain can be overwhelming. The pain and suffering, loss of current and possible future income and the specter of coping with challenging disabilities loom in the future.

The highly knowledgeable and experienced automobile accident attorneys at The Cochran Firm will examine the facts related to your accident, evaluate your claim and determine who is legally responsible for your damages while preparing your case. Our automobile accident attorneys know that costly medical expenses and lost income adds stress and anxiety to the painful injuries you may have suffered.

If you or a loved one has been seriously injured in an automobile accident in Jackson, Mississippi or the surrounding area, please contact the experienced automobile accident attorneys at The Cochran Firm's Jackson, Mississippi office today. Learn how you can protect your legal rights and get the compensation to which you are entitled following injury or death due to someone else's negligence.

Defective Products in Huntsville, Alabama

2010-11-02T15:56:00.000-07:00

Despite quality control systems, some companies still manufacture defective or faulty products that can cause serious bodily injury and even death to unsuspecting consumers. Those responsible – manufacturing companies, distributors or individuals – must be held legally accountable for their actions. The Consumer Product Safety Commission says that injuries, deaths and property damage caused by defective consumer products cost the American public over $700 billion dollars every year. The Cochran Firm's Huntsville, Alabama product liability attorneys have handled countless cases in which hardworking people just like you trusted the product you purchased was safe. Instead, they were injured, or even killed, because the product had some sort of defect.

Every day consumers buy and use a vast array of products such as medications, household appliances, automobiles, baby cribs and strollers, toys and pet foods, without a second thought as to the harmful effects these products may have on them, their families, or pets.

The legal system in this country is designed to protect innocent consumers against the negligence of manufacturers or distributors of defective products. Damages or financial compensation for injuries can include payment for your pain and suffering, permanent disability inflicted, lost income, rehabilitation costs, disfigurement injuries and any other expenses incurred due to injuries suffered by the use of faulty products.

The experienced defective product attorneys at The Cochran Firm fully understand the complicated litigation involved in product liability cases and can help you get the compensation you deserve.

Please contact the highly skilled defective product attorneys at The Cochran Firm in Huntsville, Alabama today if you were injured by a defective product or if a loved one died as a result of a defective product. We are committed to obtaining justice for our clients and their families

Premises Liability in Houston, Texas

2010-11-01T15:54:00.000-07:00

Property owners have a legal responsibility to maintain their properties in a way that does not cause harm to people who have legal access to that property. Negligence on the part of the property owner must be shown in order for him or her to be held legally responsible for injuries or damages sustained on the property. The Houston, Texas office of The Cochran Firm has premises liability attorneys on staff that have had great success in these types of cases in Houston and surrounding areas.

Some common types of accidents and injuries that come under the premises liability umbrella may include dog bites, slip and fall accidents, swimming pool or diving board injuries, exposure to hazardous or toxic substances, a fire in a hotel, or physical assaults caused by inadequate security at a mall. As a victim of an injury sustained on someone else's property you may have been lucky enough to escape with minor scrapes or abrasions or you may have suffered broken bones, a traumatic brain injury, severe burns or been left with life-changing disabilities.

The laws surrounding premises liability claims are complicated. The experienced premises liability attorneys at The Cochran Firm have the knowledge and skill to evaluate your claim quickly and efficiently and get you the financial compensation you need and deserve for the injuries you have suffered. With The Cochran Firm handling your claim, you can concentrate on getting physically and emotionally healed.

If you or someone you care about has been injured on someone else's property in the Houston, Texas area, please contact the experienced premises liability attorneys at The Cochran Firm today to schedule a confidential consultation at no cost to you to learn how to proceed with your claim. We work on a contingency basis, which means we do not collect any money unless we win your case.

Dothan, Alabama Residents, Beware: Wellbutrin May Cause Serious Adverse Effects

2010-10-31T15:52:00.000-07:00

For over twenty years now, Wellbutrin (generic bupropion) has been a popular and highly effective anti-depressant that is also prescribed for obesity, smoking cessation, ADHD (attention deficit hyperactivity disorder), and sexual dysfunction. Now it has come to light that this drug, and its variations (Wellbutrin XL and Wellbutrin SR), may cause a variety of very serious side effects including:

Depression
Psychological disturbances
Suicidal thoughts and behaviors
Memory problems
Psychosis
Mania
Changes in personality
Severe allergic reactions
Seizures

If you have taken Wellbutrin and have suffered any of these side effects, you may be entitled to financial compensation. The product liability attorneys at The Cochran Firm’s Dothan, Alabama office are now accepting Wellbutrin cases. Product liability claims are often complex and require expert knowledge of product liability law in the state in which you live. The attorneys at The Cochran Firm have both the knowledge and resources necessary to fight these difficult cases.

When we take a prescribed drug, we would like to think that it is safe and will achieve its intended purpose. Unfortunately, however, this is not always the case. The problem with defective or dangerous drugs is that their side effects can be deadly, and the side effects may not surface for years after beginning taking the drug.
If you or a loved one has suffered ill effects as a result of taking Wellbutrin or any other drug, please contact the Dothan, Alabama office of The Cochran Firm today to schedule a confidential, no-obligation consultation. We work on a contingency basis, which means we do not get paid unless you receive a settlement. We will work tirelessly to hold accountable anyone who caused you undue pain and suffering.

Traumatic Brain Injury in Detroit, Michigan

2010-10-30T15:50:00.000-07:00

Statistics reveal that over 1.5 million people will suffer a traumatic brain injury (TBI) this year. Over 50,000 of those will die from their injury, and over 80,000 will have long-term, life changing disabilities. Suffering an injury to the brain can be a devastating event for the victim and his or her family. The compassionate, experienced traumatic brain injury attorneys at The Cochran Firm's Detroit office have helped countless victims recover the compensation they deserve if the TBI was a result of someone else’s negligence or wrongdoing.

Common causes of traumatic brain injuries include motor vehicle accidents, falls, sports-related injuries, and criminal assaults. Motor vehicle accidents are responsible for the most traumatic brain injuries, both fatal and non-fatal. A motor vehicle accident involving even a minor collision can result in a severe traumatic brain injury caused by whiplash, in which the head whips back and forth in a violent motion causing injury to the spinal cord and vertebrae.

The effects of a traumatic brain injury may include, but are not limited to, memory loss, blurred vision, nausea, vomiting, dizziness, severe headaches, confusion, personality and behavioral changes, and in severe cases paralysis, coma and death.
The traumatic brain injury attorneys at The Cochran Firm have many years of experience in handling cases for clients that have sustained a TBI. We are ready to fight aggressively to protect your legal rights and get you the financial compensation you need and deserve to cope with your injuries.

If you live in the Detroit, Michigan area and have sustained a traumatic brain injury or someone you love was injured or died due to a TBI, please contact the experienced traumatic brain injury attorneys at The Cochran Firm today to begin the process of obtaining the financial compensation you deserve. We work on a contingency basis, so you pay us no money unless we win your case.

Defective Hip Implant Could Affect Residents of Dallas, Texas

2010-10-29T15:49:00.000-07:00

In August 2010, two types of hip implants were recalled: the DePuy ASR XL Acetabular System, a hip socket replacement, and the DePuy ASR Hip Resurfacing System. These implants were manufactured by DePuy Orthopedics and were recalled due to what is believed, at this time, to be a design defect. The metal-on-metal hip implants, when improperly placed, can release metal particles into the body and inflame surrounding tissue and cause bone loss. Serious pain and corrective surgery often accompany defective implants.

Currently, over 93,000 implants have been recalled, and since 2008, the FDA has received over 400 complaints of implant failure. The product liability attorneys of The Cochran Firm’s Dallas, Texas office are now accepting these cases. If you or someone you love has suffered the serious pain associated with this defective device or if you have had to undergo additional surgeries to correct the problem, you may be entitled to compensation for your suffering.

Experts have reported that the DePuy Hip Implants were introduced without adequate testing and research of the devices, and, because of this, hundreds, maybe thousands of Americans have suffered needlessly. When companies place profits over patients, those companies and the people involved should be held accountable. That is where our hard-working, dedicated product liability attorneys come in. Our attorneys and legal team will fight diligently to get you the compensation to which you are entitled if you suffered due to this defective artificial hip. The pain associated with these devices, according to victims, is severe, and the surgeries to correct the problem can require weeks, months, or even years of recovery time.

Let us fight your legal battle while you focus on healing. If you live in the Dallas, Texas area and have suffered due to a defective DePuy hip implant, please contact The Cochran Firm's Dallas, Texas office today to schedule a no-cost, no-obligation consultation so we may hear the details of your case.

Recall of Hyland’s Teething Tablets

2010-10-29T12:35:00.000-07:00

The company that makes Hyland's Teething Tablets is now under investigation by the FDA for irregularities in manufacturing that may have caused inconsistent amounts of the active ingredient, belladonna, which showed up in the FDA's laboratory testing.

Belladonna comes from a plant in the nightshade family used as both a medicine and a poison since antiquity. The belladonna alkaloids in Hyland's Teething Tablets are intended to relieve teething-related symptoms in children, but in higher doses can cause:

Agitation
Difficulty or slowed breathing
Increased heart rate
Depressed level of consciousness
Constipation
Trouble urinating
Dry skin and mouth
Fever
Lethargy
Sleepiness
Dilated pupils
Seizures
Muscle weakness

Reports of adverse effects that fit the symptom profile of belladonna toxicity combined with dosage inconsistency found in lab tests prompted the FDA to issue a warning that instructs parents to stop using Hyland's Teething Tablets and to discard any remaining tablets.

In response, the manufacturer of Hyland's Teething Tablets has issued a voluntary defective product recall and submitted to investigation by the FDA. The company claims that Hyland's Teething Tablets are safe and that the recall was issued in "an abundance of caution."

If your child shows any of the symptoms listed above after using Hyland's Teething Tablets, contact your physician right away to check for belladonna toxicity. Parents can report adverse effects of Hyland's Teething Tablets to the FDA's Medwatch program online or by calling 1-800-332-1088.

As a law firm with experience in defective product lawsuits, The Cochran Firm is ready to help families seek compensation for any injuries caused by this defective product.

If your child has become sick or been injured by Hyland's Teething Tablets, please contact the product liability attorneys of The Cochran Firm today for a free evaluation of your case.

Defective Consumer Products in Chicago, Illinois

2010-10-28T15:47:00.000-07:00

Laws have been enacted to protect consumers against harm caused by a defective product. They allow an injured consumer to receive financial compensation from the manufacturer or distributor of the product for injuries and damages caused by the defective product. The Cochran Firm's Chicago, Illinois office has hardworking, dedicated, and knowledgeable defective product attorneys available to hear the details of a defective product injury you have suffered.

Financial compensation for injuries sustained from a defective consumer product may include payment for any of the following:

medical expenses
pain and suffering
disability and disfigurement
loss of income
rehabilitation expenses
any other expenses incurred as a result of the injuries inflicted

Unfortunately, defective consumer products include items we encounter on a daily basis that can inflict serious bodily injury and death on an unsuspecting public. Defective tires and motor vehicles and the injuries and deaths they cause are on the news channels every day. Stories of the injuries and deaths of small children due to defective cribs, strollers, and toys have become almost commonplace.

If you or someone you love has been seriously injured or even killed because of a defective consumer product, the experienced product liability attorneys at The Cochran Firm want to help you protect your legal rights and hold those responsible for your losses legally accountable.

If you live in Chicago, Illinois or the surrounding area, please contact the experienced product liability attorneys at The Cochran Firm today so our investigative team can help you get the financial compensation you need and deserve.

Nissan Announces Worldwide Recall

2010-10-28T07:56:00.001-07:00

Nissan has announced a worldwide recall of over two million vehicles for an ignition problem that can stall the engine. The recall affects vehicles in the US, Canada, Europe, Japan, and Asia. Most of the recalled vehicles are in the US, Canada, and Japan. The Yokohama-based company has said there have been no accidents reported that are related to the recall.

The problem is with the relay in the ignition system and affects vehicles made between 2003 and 2006, including the Cube, March, Micra, and Note, as well as other models like the Tiida, Titan, and Infiniti QX56. Altogether, there are over a dozen models affected by the faulty ignition. The vehicles were built in the US, Britain, Japan, Spain, China, and Taiwan.

The automaker states that vehicle owners may take their defective vehicle to a dealership where the fix may take less than half an hour.

One of the main reasons so many millions of vehicles have been recalled over the last year is that the large automakers are using common components across several models in an effort to cut costs in design and production. As a result, you don't just see a few thousand vehicles in the same model recalled, you see dozens of models. Companies wind up losing not only money, but the even more valuable consumer brand loyalty.

If you have been affected by this or another defective automobile, please contact the experienced product liability attorneys at the Cochran Firm today for an initial case consultation. We have offices nationwide.

Birmingham, Alabama Residents Should Know Danger Associated with Wellbutrin

2010-10-27T15:44:00.000-07:00

We like to think the medications our doctors prescribe for us are safe and will serve their intended purpose. In most cases, prescription drugs do their job and do not cause any adverse side effects. However, there are those instances that a drug will make its way to the consumer and cause serious side effects and even death. Wellbutrin (generic bupropion) is manufactured by drug giant, GlaxoSmithKline, and has been on the market since 1985. Wellbutrin is an anti-depressant but is also prescribed for ADHD, sexual dysfunction, obesity, and smoking cessation. Wellbutrin may be a dangerous drug, and if you’re taking this drug, you may want to ask your doctor about its safety.

Since the Food and Drug Administration approved Wellbutrin, it has also approved variations of the drug including Wellbutrin XL and Wellbutrin SR. It has now been discovered that Wellbutrin has been known to cause serious side effects including:

Depression
Psychological disturbances
Mania
Memory problems
Changes in personality
Psychosis
Severe allergic reactions
Seizures
Suicidal thoughts and behaviors

The product liability attorneys at The Cochran Firm’s Birmingham, Alabama office are now accepting Wellbutrin injury cases. Product liability cases are complex and require a great deal of knowledge and resources. A strong legal team is an absolute necessity in order to collect monetary compensation.

Our defective drug attorneys have the experience, knowledge, and resources to get you the compensation you deserve following any harm suffered due to the dangerous drug Wellbutrin. Please contact our Birmingham, Alabama Cochran Firm office today to schedule a no-obligation, confidential consultation. We work on a contingency basis, which means we do not collect any money until we win your case.

Judge Denies Bank of America’s Motion to Dismiss Wage-and-Hour Class Action Claim

2010-10-27T12:55:00.001-07:00

A federal judge recently denied Bank of America's motion to dismiss a multidistrict litigation class action claim charging the bank with wage-and-hour violations. The lawsuit was filed by branch and call center employees who claim Bank of America intentionally did not pay overtime wages mandated by federal and state laws. The class action lawsuit may include upwards of 200,000 employees.

The judge ruled that the plaintiffs supplied ample documentation of "numerous alleged ways in which the Bank routinely denied overtime compensation to its retail branch and call center employees and details the nature of the work that employees were allegedly required to perform off-the-clock."

The lawsuit claims that employees were required to work before shifts, after shifts, and during meal breaks without receiving the appropriate compensation. According to the complaint, call center employees were required to retrieve headsets, review memoranda, respond to email, and shut down the workstation after clocking out.

The same judge also ruled against Bank of America in another related decision. This ruling has halted the running of the statute of limitations until all potential class members are notified. This is a devastating ruling against Bank of America, since restarting the statute of limitations right away would potentially prevent many injured employees from joining the class action lawsuit.

If you have a wage-and-hour claim, the experienced employment law attorneys at The Cochran Firm can help you receive the compensation you deserve. Please contact us today to schedule your free initial consultation. We serve clients nationwide.

Defective Medical Device May Affect Atlanta, Georgia Residents

2010-10-26T15:42:00.000-07:00

Two types of hip implants have been recalled: the DePuy ASR XL Acetabular System, a hip socket replacement, and the DePuy ASR Hip Resurfacing System, both manufactured by DePuy Orthopedics and put on the market in 2005. The implants are causing serious, painful problems for recipients, and additional surgeries have been necessary to correct the problems caused by these defective implants. If you have been harmed, or a loved one has died, due to a defective product, you may need the assistance of a product liability attorney, such as the ones at The Cochran Firm’s Atlanta office. Our attorneys have the knowledge and resources necessary to fight these complex cases, and we will work tirelessly to get you the compensation to which you are entitled.

At this time, it is believed there is a design defect in the DePuy Hip Implants, and it is difficult to properly position the metal-on-metal hip implants. When the implant is improperly placed, the metal particles can loosen and inflame surrounding tissue, which can lead to bone loss. This causes serious pain and often results in additional surgery to repair the problem.

In August 2010, a recall of the defective medical devices was announced after several studies confirmed the DePuy implants had an "unreasonably high rate of failure." At the time of this writing, over 93,000 of the implants have been recalled.

Our Atlanta, Georgia product liability attorneys stand ready to hear the details of your case and advise you on how to proceed. Please contact The Cochran Firm in Atlanta, Georgia today to schedule a confidential, no-cost consultation so we may hear your story and begin our work to get you the compensation you deserve.

GlaxoSmithKline Agrees to Settle Defective Drug Lawsuit for $750 million

2010-10-26T14:20:00.001-07:00

GlaxoSmithKline (GSK) agreed today to a $750 million in a US government lawsuit over a number of defective drugs. The lawsuit was originally filed in 2004 under the U.S. False Claims Act, and stems from the sale of a number of mislabeled drugs that originated in the company's plant in Cidra, Puerto Rico. The suit accused GSK of selling tainted drugs under false pretenses. The affected drugs include:

Abreva

Albenza

Avandia

Avandamet

Bactroban

Cimetidine

Compazine

Coreg

Denavir

Dyazide

Dyrenium

Ecotrin

Factive

Kytril

Paxil

Paxil CR

Relafen

Tagamet

Thorazine

Stelazine

This case was most dramatically illustrated by the seizure of affected medications by US Marshalls in March 2005. The seized lots were of Paxil CR and Avandamet, where the tablets did not have accurate amounts of active ingredients. The Paxil CR tablets were prone to splitting and may have included either no active ingredient, or had an active ingredient but did not have the time-release feature. The action came after a voluntary recall of tainted drugs by GSK failed to include all affected lots. Avandamet is a variation of Avandia, and the affected tablets may have contained an inaccurate dose of the dangerous drug rosiglitazone.

According to the government's filing, the marketing of defective drugs "arose out of chronic, serious deficiencies in the quality assurance function at the Cidra plant and the defendants' ongoing serious violations of the laws and regulations designed to ensure the fitness of drug products for use."

If you or a loved one was affected by these or other tainted drugs, the lawyers of The Cochran Firm can help. Please call or email us today to learn how we can help you.

Pre-Halloween Candy Recall: Raisinets

2010-10-25T14:44:00.001-07:00

If you have bought Raisinets to hand out to trick-or-treaters, be sure to check the packages to see if they have been recalled. Otherwise, you may be endangering any vampires, ninjas, and princesses with peanut allergies who show up at your door!

Generally products that contain peanuts (or are processed on equipment that processes peanuts) are clearly and properly labeled so that consumers with often-dangerous peanut allergies can avoid them. However, Nestle USA has announced a recall of "fun size" Raisinets because they may contain peanuts, but lack the proper warning. Nestle has already received three complaints about this product, the company reports. So far, no product liability lawsuits stemming from the recall have been reported.

The recall of these defective products is limited to bags of 10-oz. "Fun Size" Raisinets with production code 02015748, UPC barcode number 2800010255, sold in Target, Shop Rite, and Don Quixote stores nationwide. If you have the recalled Raisinets, you can call the company at 1-800-478-5670 or email nestlecandy@casupport.com to ask for a refund. Do not return the recalled candy to the store.

Warnings on food products that contain peanuts are very important because peanut allergies are often severe, causing anaphylactic shock that can be deadly if not treated in time. Even if no one in your family has a food allergy, remember this Halloween that the trick-or-treaters you see may be allergic to peanuts.

If you or a family member has been sickened or injured by a defective product, please contact The Cochran Firm promptly to find out if you are entitled to defective product injury compensation.

ProPublica Report Outs Doctors on Drug Company Payrolls

2010-10-22T14:16:00.001-07:00

The results of a new investigation into financial relationships between doctors and pharmaceutical companies were published online this week by ProPublica. Seven of the nation's largest drug manufacturers and marketers—AstraZeneca, Cephalon, GlaxoSmithKline, Eli Lilly, Johnson & Johnson, Merck, and Pfizer—have disclosed payments they made in 2009 and 2010 to physicians who promoted their drugs. Together, these companies account for about 36% of the US prescription drug market, which is worth about $300 billion.

Long an industry secret, these payments to physicians for speaking engagements, promotions, and consulting work are being disclosed due to settlements with the government and other reasons. The healthcare reform law signed by President Obama in March will require all pharmaceutical companies to make this kind of disclosure starting in 2013.

ProPublica has analyzed and compiled data from the individual companies' disclosures, which the companies made as difficult and confusing as possible, into a database of doctors who received payments from drug companies. On ProPublica's website, you can find out if your doctor received drug company money.

While doctors interviewed by ProPublica claimed they were not influenced by the drug money cash, the former pharmaceutical company marketers they interviewed told a different story. The psychiatrists, physicians, and nurses that drug companies select for speaking engagements, the marketers said, were chosen as "thought leaders" because of the high volume of prescriptions they write. Drug companies have found that medical professionals who are paid to promote a drug nearly always write more prescriptions for that drug, providing a significant return on investment for the pharmaceutical companies.

What consumers worry about is that many of these doctors may have been paid to promote defective drugs or drugs with dangerous side effects, such as Avandia. In fact, patients injured by drugs that their doctor was paid to promote may potentially have grounds for a medical malpractice lawsuit. Since many of those in ProPublica's database are psychiatrists, psychiatric malpractice may also be involved. Indeed, ProPublica reports that more than twenty doctors on their list have two or more medical malpractice settlements or judgments against them.

If you have been injured by a defective prescription drug, please contact the personal injury attorneys of The Cochran Firm to set up a free evaluation of your case.

Toyota Recalls over 1.5 Million Cars Worldwide

2010-10-21T07:30:00.001-07:00

Toyota has announced the recall of 1.53 million Avalon, Lexus, and other models globally for fuel pump and brake fluid issues. Most of the recalled vehicles are in the US and Japan, but others are spread throughout the global market.

According to Toyota, the recalled models need to have the brake master cylinder fixed. A problem with it could cause weak braking power. A slow leak of the fluid can result in the brake warning lamp lighting up. Other models in Japan have an electrical problem with the fuel pump, which can lead to stalls. There have been no accidents reported due to this vehicle defect, but the company is taking precaution now.

The affected cars include:

2005 and 2006 Avalon
2004 through 2006 non-hybrid Highlander and Lexus RX330
2006 Lexus GS300, IS250, and IS350

Toyota will contact vehicle owners by mail to tell them to take their cars to the dealership for repairs at no charge.

Over the last year, Toyota has recalled over ten million cars and trucks for several different problems. The latest recall was in August when over 1.3 million Corollas and Matrix hatchbacks were said to be prone to engine stalling.

If you have been injured by these or other defective autos, please contact the experienced defective auto attorneys at the Cochran Firm for an initial consultation. We serve clients nationwide.

Former Chargers Linebacker Junior Seau Drives Vehicle off Cliff

2010-10-20T10:32:00.001-07:00

Early Monday morning, former San Diego Chargers linebacker Junior Seau drove his SUV off of a cliff near his home in San Diego. Police reports indicate that the car accident was caused by Seau falling asleep behind the wheel. He did not appear to be under the influence of drugs or alcohol at the time of the accident.

Seau was driving a 2004 Cadillac Escalade near Carlsbad State Beach. Witnesses said the SUV suddenly accelerated and drove off the road down a 30-foot cliff. Emergency crews rescued Seau, who was still inside the crumpled vehicle when they arrived at the scene. Seau suffered minor injuries and was taken to a local hospital for treatment. He was released Tuesday morning.

The car accident occurred about five hours after Seau was released from jail after being arrested on domestic violence charges.

Seau retired last season from the New England Patriots. He spent the bulk of his career playing for the Chargers, where he distinguished himself as one of the premier defensive players of his era.

If you have been injured in a car accident caused by the negligence of another driver, the attorneys at The Cochran Firm can help you receive the compensation you deserve. Please contact us today to schedule your free initial consultation. We serve clients nationwide.

New Tylenol Recall Issued

2010-10-19T12:08:00.001-07:00

Continuing in a long string of drug recalls, Johnson & Johnson subsidiary McNeil yesterday issued a recall for another Tylenol product. The recall focuses on Tylenol 8 hr caplets 50 count packages. The McNeil website shows seven other recent recalls, including:

Tylenol Extra Strength and Tylenol PM
Benadryl Allergy Ultratab
Motrin IB
Children's Tylenol, Infatns' Tylenol, and Children's Tylenol Meltaways
Chidren's Motrin and Infants' Motrin
Children's Zyrtec
Children's Benadryl

In the current Tylenol recall, the defective drugs are being recalled largely due to a contaminating odor, similar to that responsible for a number of other recalls. A statement from McNeil said the "risk of adverse medical events is remote," the exact language it has used about previous recalls. However, investigation of reports of serious injuries due to Tylenol related to previous recalls is still ongoing. According to the FDA, nearly 800 reports of serious side effects associated with these recalls have been received.

Although these adverse events have not all officially been linked to the recalled Tylenol, Motrin, and Benadryl, an FDA inspection of a McNeil plant in Connecticut recently revealed a number of shocking violations of FDA standards. These violations included not just missing record and failure to follow-up on potentially anomalous batches of medication, but even the failure to establish "scientifically sound and appropriate test procedures designed to assure [sic?] that drug products conform to appropriate standards of identity, strength, quality, and purity." The list also includes a failure to provide proper instructions for the cleaning and maintenance of equipment and, not surprisingly, a failure to properly clean and maintain equipment.

With these defects in manufacturing, it would not be surprising if the highly odiferous 2,4,6-tribbomoanisole (TBA) were only the most olfactory sign of a more serious contamination.

If you or a loved one has suffered a serious injury as a result of contaminated batch of Tylenol, Motrin, or Benadryl, the product liability lawyers of The Cochran Firm may be able to help you get compensation. To learn more, please contact us today for a free initial consultation.

UPDATE: McNeil has confirmed that the over 125,000 units involved in Monday's recall were in fact made at the Fort Washington plant with the poor inspection report cited above. In addition, a spokesman for McNeil said that although there were a number of adverse events reported, only one of them was associated with the odor itself, lending credibility to the theory that other, subtler contamination may also be present in the tainted Tylenol.

Chevy Impala Recall

2010-10-18T10:36:00.001-07:00

Last week, General Motors recalled approximately 300,000 Chevy Impalas containing defective seat belts which may not properly protect front seat passengers in the event of a car accident. The recall includes 2009 and 2010 model year Chevrolet Impalas sold in the United States and Canada.

According to the National Highway Traffic Safety Administration, the seat belt webbing many not be properly attached to the lap belt anchor on the door-side of front seats. Dealers will examine the recalled vehicles to make sure the seat belts are properly anchored. All repairs will be made free of charge.

GM has received 32 warranty reports for the defective vehicle. Currently, they are not aware of any injuries or deaths related to this issue. Vehicle owners will be contacted later in the month. However, you can call Chevrolet at 1-800-630-2438 at your earliest convenience to learn more about the recall.

If you have suffered an injury as a result of the defective Chevy Impala seat belts, the experienced defective product attorneys at The Cochran Firm can help you receive the compensation you deserve.

Please contact The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.

New Registry Will Track Implant Injuries

2010-10-15T15:49:00.001-07:00

With the Johnson & Johnson/DePuy hip implant recall still in the news, a new effort to track injuries from hip implants and other joint replacements is attracting serious attention. The idea behind the American Joint Replacement Registry is to catch problems with surgical implants before they lead to costly defective product recalls, medical device injuries, and product liability lawsuits.

Big manufacturers of joint implants, including J&J, Zimmer Holdings, and Stryker Corp, are backing the new registry, hoping to avoid future harsh regulation from the FDA as well as defective product lawsuits. Similar registries are already in place in the United Kingdom and other countries, but no such joint implant registry currently exists in the United States. In fact, it was the UK registry that spotted the increased rates of revision surgery stemming from DePuy's ASR hip implants, helping prompt the massive DePuy hip implant recall in August.

The American Joint Replacement Registry will begin this month as a pilot program with fifteen hospitals participating and a goal of covering ninety percent of the thousands of hospitals that perform joint replacement surgery in the United States. This would make the new registry the biggest of its kind, covering more joint replacement procedures than all other registries put together.

If you or someone you love has been injured because of a defective DePuy hip implant or another joint replacement surgery, please contact The Cochran Firm today to find out about your legal right to defective product injury compensation.

FDA Issues Bone Drug Warning

2010-10-14T09:17:00.001-07:00

The Food and Drug Administration issued a warning on Wednesday, Oct. 13, linking use of a popular osteoporosis drug with fracture of the thigh bone. The drugs, known as biophosphonates, are used around the world and have been heavily marketed drawing in as much as $8 billion.

Biophosphonates reportedly slow the loss of bone mass, and reduce the risk of hip or spine fractures in older women. Oral biophosphonates include Actonel, Atelvia, Boniva, and Fosamax, and injectible drugs include Boniva and Reclast.

The FDA has previously looked at the link between biophosphonates and jaw osteonecrosis, esophageal cancer, and arrhythmias. The bone breaks in the thigh are rare breaks known as a subtrochanteric femur fracture, which occurs just below the hip joint, and diaphyseal femur fractures occurring in the long part of the thigh.

The FDA says it has not proven that biophosphonates cause the fractures, but they show up in disproportionate levels among patients taking the drugs, especially in those who have been taking the drugs long term.

Genentech, which markets Boniva, is working closely with the FDA to add a statement about the bone fractures to the label. Merck, the drug maker of popular Fosamax, says they have not found an increase in fractures, but complied with the FDA in June 2009 to add the risk of thigh fractures to their label.

If you or a loved one has been injured from taking a biophosphonate, please contact the experienced defective product attorneys at the Cochran Firm. We serve clients nationwide.

Hospital Investigated after Surgical Error Leaves Drill Bit Inside Patient

2010-10-13T11:00:00.001-07:00

The Rhode Island Department of Health has initiated an investigation into an incident at Rhode Island Hospital on August 4^th when one of the hospital's doctors left a piece of drill bit inside a patient's body following an operation.

The surgical error was discovered two days after the procedure during a post-operative diagnostic imaging. The drill bit piece was removed as soon as it was discovered. The hospital suspended the operating doctor as well as all staff assisting with the procedure.

Hospital officials have not released the names of the medical professionals involved; however, they insist that the appropriate disciplinary measures were administered.

Rhode Island Hospital has been under investigation by the Rhode Island Department of Health in the past for other medical malpractice violations. In 2009, a doctor at Rhode Island Hospital operated on the wrong finger of a patient, resulting in a $150,000 fine for the hospital. That incident was the fifth wrong-site surgery recorded at the hospital since January 2007.

As part of the consequences meted out in that incident, Rhode Island Hospital was required to install cameras in their operating rooms and to retrain surgical staff.

If you have suffered an injury as a result of a surgical error, please contact the medical malpractice attorneys at The Cochran Firm today to schedule your initial consultation. We serve clients nationwide.

Factors in Tanker Rollover Accidents

2010-10-12T13:36:00.001-07:00

Tanker truck rollover accidents can be very dangerous. Tanker trucks often carry toxic chemicals, flammable liquids, or otherwise dangerous fluids, and when they roll over their cargo is likely to spill. This can create a dangerous situation for other drivers on the road and may lead to subsequent accidents and injuries.

To prevent this more dangerous type of truck accident, The Federal Motor Carrier Safety Administration (FMCSA) in conjunction with the Pipeline and Hazardous Material Safety Administration (PHMSA) has identified four major factors in tanker truck rollover accidents:

Vehicle design and maintenance
Load effects
Roadway factors
Driver factors

Cargo tank trailers have a relatively high center of gravity, making them more liable to roll during a sudden maneuver. Vehicle maintenance can also impact the performance of a truck. Poor brake performance, damaged suspensions, and under-inflated tires all increase the risk of rollover during truck operation. To reduce the risk of accidents, drivers are required to perform pre-trip inspections to ensure that their vehicles are in working order adequate to the trip ahead.

A liquid load behaves differently than a solid load, sloshing in the tank and increasing the risks involved in any sudden maneuver. To prevent sloshing from causing a rollover accident, drivers are encouraged to avoid speeding and tailgating, and to anticipate maneuvers.

Roadway factors include curves that are too tight, especially on ramps or hills. Also important is the nature of the shoulder, curb, or margin around a road or driveway. It may not seem like it, but tanker trucks, like SUVs, are susceptible to tripping, which is one of the main causes of rollover accidents.

Overall, many of these factors are dependent on the driver to properly identify the situation and respond appropriately. A driver's failure to shift properly or taking a turn too tightly, can easily lead to a rollover accident. Driver fatigue, driver inattention, and, of course, alcohol and drug use can impair a driver's judgment and increase the risk of accidents. Overall, the prevention of rollover accidents depends on the truck driver, who in turn depends on the trucking company to provide proper training, plan routes safely, and allow adequate time for the completion of deliveries.

If you or a loved one has been injured in a tanker truck rollover accident, the chances are it wasn't just the driver, but may have involved maintenance, scheduling, training, and other elements of the trucking company. At The Cochran Firm, we are prepared to pursue those who hold ultimate responsibility for your accident to ensure you and your loved ones receive full compensation for your injuries. To learn whether we can help you, please call or email us today for a free case evaluation.

Construction Accidents in New York City

2010-10-12T11:02:00.000-07:00

Construction workers, by the very nature of their work, face some extremely dangerous conditions day in and day out. Especially those who work on high-rise buildings such as those found on every block in New York City. Crane accidents are one type of construction accident you hear about in the news as construction workers are required to work on buildings that are hundreds of stories tall. Construction accidents often result in catastrophic personal injuries and death.

The New York City construction accident attorneys at The Cochran Firm have represented countless construction workers following work-related accidents, injuries, and deaths. We can help you, too, if you have suffered a serious injury, or have lost a loved one due to a construction accident in New York.

The causes of construction accidents are numerous and include:

Falls from scaffolds or roofs
Explosions/fires
Unsafe equipment
Chemicals
Electrical incidents
Being struck by falling objects
Careless behavior
General unsafe working conditions
Not receiving proper training on the use of specialized equipment
Poor supervision

Construction accident cases are often very complicated and involve several parties. If you were injured on the job, you may be entitled to workers' compensation benefits, and if you receive benefits, you cannot sue your employer. However, if you collect workers' compensation, you can sue a third party who contributed to your injury such as the manufacturer of a faulty piece of machinery that caused an injury such as a loss of limb or broken bones. After hearing the details of your injury, our experienced, knowledgeable construction accident attorneys can advise you on how best to proceed with a claim.

If you live in the New York City area and have been injured in a construction accident, please contact the New York branch of The Cochran Firm today to schedule a confidential, no-cost consultation.

Nursing Home Abuse in New Orleans, Louisiana

2010-10-11T11:00:00.000-07:00

As the population of the United States grows older, the needs of vulnerable elderly people increase. Likewise, the instances of abuse and neglect in nursing homes and assisted living facilities are increasing. More and more aging citizens are finding themselves the victims of verbal, emotional, physical, sexual, and financial abuse in nursing care facilities that have been entrusted with their care by unsuspecting families. The New Orleans, Louisiana Cochran Firm nursing home abuse attorneys will fight to get you and your family the compensation you deserve if your loved one was harmed or died due to negligent or abusive care in a nursing home.
Common signs of negligence and abuse in nursing care facilities include:

Poor personal care involving bathing, toileting and feeding
Signs of chronic sores and infections
Unexplained bruising
The heavy use of medication to sedate
Signs of depression, anxiety and agitation in the resident

Financial exploitation of the elderly takes many forms and can involve stealing personal possessions, withholding or misusing the resident’s money or property, and promises of personal care in exchange for money or possessions.

The nursing home abuse and neglect attorneys at The Cochran Firm are dedicated to exposing incidents of abuse and neglect in nursing homes throughout Louisiana and will work diligently to make sure those responsible for any abuses are held legally and financially accountable.

If you live in New Orleans, Louisiana or the surrounding area and you suspect your loved one is suffering abuse and neglect in a nursing home, please contact the experienced nursing home abuse and neglect attorneys at The Cochran Firm today.

FDA Requests "Voluntary" Withdrawal of Dangerous Drug Meridia

2010-10-11T09:56:00.001-07:00

On Friday, the Food and Drug Administration (FDA) requested that Abbott Laboratories withdraw its diet drug Meridia (sibutramine) due to the drug's increased risk of stroke and heart attack. The action comes years after the drug's 1997 approval, which was given over the objections of the FDA's own advisory panel, which voted 5-4 that the benefits of Meridia did not outweigh the risks, and 8-0 that the drug's side effect of increasing blood pressure was "clinically important." The FDA's medical officer further commented that the drug "has an unsatisfactory risk-benefit ratio" and that it "does not improve and in some cases it aggravates major obesity-related co-morbidities."

However, the dangerous drug was approved, with restrictions, and even survived several subsequent petitions for Meridia's removal, notably in 2002-2005 by consumer advocate group Public Citizen. However, the publication of the results from the Sibutramine Cardiovascular OUTcomes (SCOUT) trial showed that sibutramine use increased the risk of:

All major cardiovascular problems by 16%
Non-fatal heart attack by 28%
Non-fatal stroke by 36%

In advocating for the drug's removal at the September 15 advisory committee, Public Citizen notes that since its original petition, over 3.6 million Meridia prescriptions have been written, and a conservative estimate says that nearly 3000 of them have suffered a heart attack or stroke as a result of this medication.

The SCOUT trial was the first large-scale, long-term study of a diet drug, completed 12 years after the drug's approval. As a result of the Meridia "fiasco," many people have called for large-scale, long-term trials of diet drugs to be undertaken before drug approval rather than after. Such trials should be extended to all drugs in order to prevent the approval of dangerous drugs like Accutane and Avandia, whose large-scale risks are only hinted at in pre-approval trials.

In its defense, Abbott Laboratories said that the trial misrepresented the true risk of Meridia because it focused on a contraindicated patient population (those with existing cardiovascular problems), and did not follow labeling recommendations on when to discontinue Meridia use. Abbott Laboratories maintains that the drug is safe and beneficial for the small population that experiences significant weight loss on the drug, which can typically be identified in the first three months of use.

If you have suffered a heart attack or stroke during or shortly after use of Meridia for weight loss, you may be able to receive compensation for your injuries. The Cochran Firm is prepared to fight for your rights. To learn whether we can help you, please contact the personal injury lawyers of The Cochran Firm for a free case evaluation.

Allergan Pleads Guilty in $375 Million Verdict

2010-10-08T15:57:00.001-07:00

ATLANTA, GEORGIA – On Thursday, US Attorney Sally Quillian Yates announced that pharmaceutical giant Allergan pleaded guilty to charges of illegal off-label marketing and promotion of BOTOX® Therapeutic and was sentenced to pay $375 million. The criminal case involved charges that Allegan promoted BOTOX® for uses not approved by the Food and Drug Administration (FDA), finding doctors who prescribed BOTOX® for off-label uses and instructing them in billing for off-label injections and providing illegal rewards and training.

BOTOX® Therapeutic is only FDA-approved to treat:

Strabismus (crossed eyes)
Blepharospasm (eyelid spasms)
Cervical Dystonia (neck spasms)
Primary Axillary Hyperhidrosis (excessive underarm sweating)

Any other uses of BOTOX® are considered off-label uses and are not approved by the FDA. The danger of off-label marketing is that it encourages and (unlawfully) incentivizes physicians to prescribe potentially dangerous drugs in ways that the FDA has not certified as safe and effective. This has the potential to lead to dangerous prescription drug injuries and doctors who prescribe off-label to get illegal kickbacks may actually be vulnerable to medical malpractice lawsuits, depending on the circumstances.

If you or a loved one has been injured by an off-label BOTOX® injection, please contact the pharmaceutical injury and medical malpractice lawyers of The Cochran Firm today to find out if you may have a legal case for personal injury compensation.

Virginia Judge Upholds Award in Medical Malpractice Death

2010-10-07T08:06:00.001-07:00

A Virginia Circuit Court judge upheld a $1.95 million award to the family of a 36-year-old woman who died after undergoing plastic surgery in July 2008. The victim, a mother of four, went in for a Mommy Makeover. Mommy makeovers are procedures encompassing several procedures at the same time, and are popular among many women.

The victim had undergone breast augmentation, liposuction and a tummy tuck. She was sent home even though she was having trouble breathing. One of her children found her nearly two days later unresponsive. The family requested an autopsy and it was found that the victim died of aspiration pneumonia. This is caused from breathing in foreign material, which causes an inflammation of the lungs and the airway.

A jury awarded the family of the woman the compensation in August for her wrongful death, but the plastic surgeon's attorney filed a motion to set aside the verdict. That motion was denied last Friday, October 1.

Medical procedures injure and kill hundreds of thousands of people every year. Nearly all of these deaths and serious injuries are avoidable. Medical malpractice involving a plastic surgeon can include:

Scarring
Nerve damage
Aesthetic damage
Anesthetic or medication errors
Psychological trauma
Wrongful death

If you or a loved one has been seriously injured due to the negligence of a plastic surgeon, please contact the experienced medical malpractice attorneys at the Cochran Firm. We serve clients nationwide.

J&J’s Recent Drug Safety Issues Bring Company’s Reputation into Question

2010-10-06T10:22:00.001-07:00

Johnson & Johnson once set the standard among large pharmaceutical companies for how to ethically handle drug safety issues. In 1982, seven people died from consuming Tylenol products which contained cyanide. Rather than trying to cover up the crisis, Johnson & Johnson took the high road: they revealed everything to the public in an attempt to protect the safety of consumers.

As part of this process, Johnson & Johnson established a 24-hour consumer hotline, recalled all Tylenol products, and equipped all future products with a tamper-proof seal. An investigation into the issue revealed that the Tylenol products were laced with cyanide after arriving on store shelves by an individual who had no association to the pharmaceutical company. Once the crisis was controlled, Johnson & Johnson had earned a reputation for putting consumer safety above profits.

A little less than 30 years later, that culture seems to be completely absent among the leaders of Johnson & Johnson. Several recent drug safety issues, and more importantly the pharmaceutical company's response to these problems, have demonstrated that their practices are currently more aligned with the majority of pharmaceutical manufacturers. In other words, they are placing the bottom line above the safety of their consumers.

The most egregious example of Johnson & Johnson's actions involves a phantom recall of defective Motrin products following a discovery late in 2008 that many of these tablets were not dissolving properly. Instead of issuing a recall and informing the general public of these safety issues, Johnson & Johnson hired an independent contractor to secretly purchase all of the defective pharmaceutical products from store shelves. These actions enabled them to recall the product without drawing attention to the safety issues. As a result, individuals taking these defective drugs
were never made aware of the need to discontinue usage. Internal emails clearly indicate that Johnson & Johnson executives were aware of and approved of the phantom recall strategy.

However, there have been other recent safety issues associated with Johnson & Johnson products. Approximately 130 million bottles of children's and infant's liquid medications were recalled, and the FDA closed down several plants which might have allowed products to be contaminated by metal particles or bacteria.

It is truly sad that a pharmaceutical company that was once on the forefront of consumer safety has slipped so far, and it should be a great concern to the millions of people taking their products.

If you have been injured by taking a defective Johnson & Johnson pharmaceutical product, the defective drug attorneys at The Cochran Firm can help you receive compensation for your damages. Please contact us today to schedule your free initial consultation. We serve clients nationwide.

Judge Reduces Payment in Second "Bellwether" Fosamax Case

2010-10-05T11:21:00.001-07:00

Last June, a jury awarded $8 million to a 72-year-old woman who suffered osteonecrosis of the jaw that the jury said was associated with her use of Fosamax (alendronate sodium) oral bisphosphonate. Oral bisphosphonates like Fosamax, Actonel (risedronate sodium), Boniva (ibandronate sodium), Reclast (zoledronic acid), and others are taken to combat the loss of bone density known as osteoporosis. The drugs work by inhibiting the action of cells that normally remove bone tissue as part of the normal removal and redeposition process. In the short-term, this leads to an increase in bone tissue density, but in the long-term the effect may plateau or even decline, and side effects--such as osteonecrosis of the jaw--may increase.

However, on Monday the judge decided to reduce the verdict from $8 million to $1.5 million, saying the verdict was "excessive." Even with the reduced payment, Merck Inc. (the manufacturer of Fosamax) plans to appeal the verdict, hoping to stop the 1500+ cases against the company. After an initial verdict in the company's favor in the first Fosamax case to proceed, and this reduced verdict, the odds look good for the company in reducing its liability related to the potentially dangerous drug.

Lawyers trying to win Fosamax cases face several challenges. First, the exact mechanism that ties Fosamax to osteonecrosis of the jaw is unknown. Second, there are many competing factors that make it hard to pin necrosis on Fosamax. Most commonly, osteonecrosis of the jaw is also a complication of dental health problems or dental surgery, and may be associated with even relatively mild cases of periodontal problems or smoking. All of these were used in an attempt to dissuade a jury that Fosamax did not cause injury to the plaintiff in this case. Finally, the time frame between the use of Fosamax and osteonecrosis of the jaw can be extremely long--the average time between oral bisphosphonate use and osteonecrosis is almost five years.

However, there are many positive aspects that work in the favor of Fosamax cases. First of all, the link between bisphosphonates, includiong oral bisphosphonates like Fosamax, and osteonecrosis of the jaw is well recognized in the scientific literature. Second, the potential cause of osteonecrosis of the jaw has been an acknowledged side effect of the drug since at least 2002. Third, there is good evidence that, under the main tests used by the Supreme Court in Wyeth v. Levine (March 4, 2009), Merck did not fulfill its responsibility to actively notify the FDA and users of Fosamax about the drug's association with osteonecrosis. By its own admission, it was not by its own action, but only at the prompting of the FDA did Merck seek to update its label with the risk of ostenoecrosis.

To learn more about pharmaceutical injury litigation in this and other similar cases, please contact the personal injury lawyers at your local office of The Cochran Firm. Our lawyers have the dedication and the resources to fight for your rights.

Seattle Children’s Hospital under Investigation Due to Fatal Medication Errors

2010-10-04T10:27:00.001-07:00

In the past two weeks, two infants have died and one adult was injured at Seattle Children's Hospital due to medication errors, prompting a Department of Health investigation into the hospital's medication dispensing practices.

On September 19, a baby died after receiving ten times the intended dosage of calcium chloride while being treated in the ICU. In the past week, a second infant died at Seattle Children's after a staff member violated hospital policy by dispensing medication to the baby without an order from a licensed physician. In the third incident, an adult being treated for a life-threatening respiratory issue had his medication incorrectly administered. This patient has since recovered from the incident.

The hospital's medical director has taken responsibility for the incidents and insists Seattle Children's is taking steps to address the problem. The Department of Health is currently investigating these events but has not released any findings to the public yet.

If you or a loved one has suffered an injury due to a medication error, the experienced medical malpractice
attorneys at the Cochran Firm can help you receive the compensation you deserve. Please contact us today to schedule your free initial consultation. We serve clients nationwide.

Washington, DC Bus Crash Kills Driver, Injures Tourists

2010-10-01T15:46:00.000-07:00

WASHINGTON, DC – Around four in the afternoon on Wednesday, September 29, a tour bus carrying sightseers ran about 45 feet off a high-traffic ramp of I-270 in the D.C. suburb of Bethesda, Maryland. Federal investigators are looking into the crash to find out the original cause of this bus accident. More than a dozen passengers were injured in the accident that killed the driver of the bus, operated by Wolf's Bus Lines Inc. of Pennsylvania.

According to Greg Shipley, a spokesman for Maryland State Police, officers believe the bus slammed through a guard rail, then smashed into a concrete barrier and careened down a hill, rolling over once. The initial cause of the crash is being investigated by the National Transportation Safety Board.

The bus accident attorneys of The Cochran Firm offer sympathy and condolences for the bus accident injury victims in this crash as well as the family of the driver who was killed in the bus accident. As always, we stand ready to defend the rights of motor vehicle accident victims. Attorneys in our firm handled a very similar case in 2006. In that case, a school bus carrying 40 students went out of control on a ramp after the driver, who was not wearing a seatbelt, was ejected by a minor collision. The bus hit and went over a safety barrier and plummeted about 30 feet to the ground below.

Our firm served as the lead litigators in that bus accident injury lawsuit against the driver's employer, Laidlaw Transit, Inc., and negotiated a confidential settlement. The Cochran Firm was the sole firm who sued the designers and builders of the clearly inadequate safety barrier that failed to stop the bus from falling and the bus's manufacturer, IC Corp/Navistar for not including a "Seat Belt Reminder System" that could have prevented the crash.

The Cochran Firm's Washington, DC area office with licensed attorneys in Maryland stands ready to help the victims of last Wednesday's terrible bus accident. Based on our previous bus accident experience, we have the knowledge and experience in bus safety and safety barrier issues we are well positioned to provide effective representation in a bus accident injury lawsuit of this kind.

If you were injured in the Wolf's Bus Lines accident in Maryland or any other bus accident, please contact the experienced bus accident attorneys of The Cochran Firm today to find out how we can help you with your case.

Car Accident Injures 10 Near Tuskegee, Alabama

2010-09-30T08:43:00.000-07:00

A van carrying 14 Montgomery church members lost control on I-85 and overturned near Tuskegee, Alabama. The driver of the van lost control when one of the rear tires blew out. All 14 passengers survived the auto accident but 10 of the 14 members suffered injuries. According to Alabama State Troopers, 7 passengers were taken to Baptist South Hospital by ambulance and 3 passengers were airlifted to the hospital.

Auto accidents happen at any time for a variety of reasons, such as:

Defective tires
Defective parts
Hazardous roads
Improperly marked construction areas
Narrow shoulders
Distracted drivers
Drunk drivers
Inexperienced drivers

No matter the reason, auto accidents can cause serious personal injury or wrongful death to the driver, passengers or pedestrians. Whether your injury leaves you with a permanent disability or simply causes you to lose a few days of work, it is still an unexpected stressful and costly situation. You deserve compensation for your injuries and damage to your property if the accident was caused by a negligent driver or defective vehicle.

For more information about auto accidents or to schedule an evaluation of your auto accident case in Tuskegee, Alabama with an experienced auto accident lawyer, please contact the Cochran Firm today.

California Doctors Still Practice Medicine Even After Medical Malpractice Lawsuits

2010-09-30T08:42:00.000-07:00

In most cases involving doctors that have committed medical malpractice or caused the wrongful death of patients in California, the doctor is put on probation and required to take additional medical classes. During this probation time, however, the doctor is allowed to continue treating patients and these patients are unaware of the crimes the doctor has committed.

In some of these cases, the doctors treat hundreds of patients as more and more disciplinary actions are given to the doctor for repeated negligence. The Medical Board of California does not take more drastic measures to discipline these doctors nor does the Board revoke their medical licenses because the doctors have a legal right to retain their medical licenses. Depriving these doctors of their licenses can get into constitutional issues, according to the Medical Board of California.

All doctors who have committed any type of medical malpractice or have caused the wrongful death of a patient should be held liable and this information should be made public for all current and future patients to see.

The San Jose medical malpractice attorneys at the Cochran Firm are committed to making sure that justice prevails for their clients. If you have been the victim of medical malpractice in San Jose, California, please contact the Cochran Firm immediately for help with your case.

FDA Exec Says Agency Too Slow in J & J Recall

2010-09-30T08:04:00.001-07:00

Johnson & Johnson executives, including one who oversaw the consumer division of the McNeil Healthcare unit, are testifying before Congress today to explain a series of recalls last year. The House Committee on Oversight and Government Reform is especially interested to know more about the phantom recall.

A phantom recall is one in which a company quietly buys up defective products from the shelves without announcing a formal recall. In this case, it was millions of bottles of defective pain killers. According to one Food and Drug Administration executive, the agency should have acted more quickly to stop this secret recall. The executive will testify that Johnson & Johnson informed the FDA about the plan in April 2009. However, previous statements made by the FDA show that the agency didn't learn about the recall plan until July, and immediately demanded a formal recall.

Congress is investigating this, as well as why several J&J products have failed safety standards over the last few years, such as the painkillers which had bacterial contamination issues or bits of metal in them. J&J's chief executive has prepared a statement in which he will admit that the company has let the public down. The executive who oversaw McNeil Healthcare will be stepping down in March.

If you or a loved one has been injured by a defective Johnson & Johnson product, please contact the experienced product liability attorneys at the Cochran Firm. We serve clients nationwide.

Abuse of Medical Certification System for Truck and Bus Drivers Endangers others Sharing the Road

2010-09-29T10:50:00.001-07:00

Drivers of commercial vehicles such as trucks and buses must possess a medical certification card to prove that they are qualified to operate their vehicle. While this requirement was originally intended to ensure that all drivers meet certain minimum health standards, the Federal Motor Carrier Safety Administration (FMCA) has not strictly enforced this regulation, enabling unqualified drivers to abuse the system in order to remain on the road.

After a 1999 bus accident caused by a medically unqualified driver killed 22 passengers, the National Transportation Safety Board (NTSB) issued a series of recommendations to the FMCA in order to prevent similar commercial vehicle-related accidents in the future. These recommendations specifically called for tougher medical standards regarding eligibility for certification cards as well as the establishment of a medical oversight program for interstate commercial drivers.

The FMCA's poor response to these recommendations has made it possible for medically unqualified drivers to remain on the road, resulting in a significant number of fatal truck accidents and bus accidents. Between 2002 and 2008, more than 825 fatal accidents were attributed to the actions of medically unqualified or fatigued drivers.

There are two main problems with the system which have enabled these drivers to remain on the road:

Lack of rigorous guidelines for the dispensing of medical certification cards
Poor enforcement of regulations and a lack of appropriate penalties for noncompliance

There are several issues at play regarding the first problem. Just about any licensed medical practitioner can administer a Department of Transportation medical exam. It is not uncommon for doctors of osteopathy, physician assistants, nurse practitioners, and chiropractors to perform these exams. This has made it much easier for medically unqualified drivers to engage in the practice of "doctor shopping." Due to the lack of a medical oversight program and a centralized data base monitoring the results of these exams, drivers who fail their initial exam will regularly go from doctor to doctor until they find one willing to certify them.

Furthermore, the medical certification forms can be downloaded on the internet, making it substantially easier to forge these documents. Roadside checks regularly uncover forged forms among the drivers stopped for inspection.

The second problem is equally problematic and has essentially fostered a climate of noncompliance with these safety regulations. While commercial drivers can receive a citation for not possessing a valid medical certification, they are often allowed to continue driving. Medically unqualified truck drivers are rarely pulled off the road, even after receiving multiple citations. As a result, these citations have become nothing more than a slap on the wrist.

Unfortunately, this problem is likely to persist until the FMCA imposes greater consequences for noncompliance and establishes an electronic monitoring system to cut down on the rampant fraud committed by unqualified drivers and unscrupulous healthcare practitioners.

If you have been injured in a truck accident or bus accident caused by a medically unqualified driver, the attorneys at The Cochran Firm can help you receive the compensation you deserve. Please contact us today to schedule your free initial consultation. We serve clients nationwide.

Six People Injured in an Explosion in Tennessee

2010-09-29T08:41:00.001-07:00

A recent explosion caused a fire at the Kilgore Flares Co. causing six people to suffer personal injuries near Memphis, Tennessee. Three of the six people were listed in critical condition. The cause of the explosion is still unknown. Authorities have ruled out terrorism, however.

Kilgore Flares Co. manufactures and supplies red decoy flares to the military designed to act as a decoy for the threat of guided missiles. During the explosion, sparks and debris were thrown through the air by the fire and ignited the clothing of the three critically injured people. These three victims were airlifted to the Regional Medical Center in Memphis, Tennessee where their personal injuries are being treated. The additional three victims are in good condition and were taken to West Tennessee Health Care.

Unfortunately, work related accidents do happen and can cause the personal injury or wrongful death of employees. It is the responsibility of the employer to make sure that the working conditions of every employee are safe and hazard free. The employer is at fault for any injuries suffered if an employee is harmed while performing his or her job.

If you have suffered a personal injury or if you have lost a loved one due to an accident on the job in Memphis, Tennessee, please contact the Memphis personal injury lawyers at the Cochran Firm today to schedule a consultation about your personal injury case.

Victim Finally Identified in Pedestrian Accident

2010-09-29T08:41:00.000-07:00

A woman was hit and killed by a car in a pedestrian accident on August 11, 2010. She remained unidentified for several weeks while news sources searched for her identity by displaying a sketch of her face on television. A local news viewer identified the victim as a 52-year-old doctor from Sacramento, California and helped authorities contact her family in California. The doctor was about to start her new position at Darnall Army Medical Center.

The law states that pedestrians have the right of way and vehicles must yield to all pedestrians in the road. Sometimes, negligent drivers disobey crossing signals or do not pay attention to their surroundings. A driver may be distracted by a cell phone or may be lost and looking for street signs rather than looking at crosswalks or paying attention to traffic signals.

Whatever the reason for the cause of a pedestrian accident, the pedestrian may be entitled to compensation for any personal injuries sustained in the accident. When a motor vehicle and a pedestrian try to occupy the same space, the motor vehicle will usually win, which can result in the wrongful death of the pedestrian. Unfortunately, this recent pedestrian accident resulted in the wrongful death of a Sacramento, California doctor.

If you have lost a loved one due to someone else’s negligence, or if you have been the victim of a pedestrian accident in Sacramento, California, please don’t hesitate to contact the experienced Sacramento pedestrian accident attorneys at the Cochran Firm. You may be entitled to compensation for your injuries and loss.

Fatal Truck Accident in Los Angeles

2010-09-29T08:40:00.000-07:00

Truck accidents happen very quickly and for many reasons. A truck accident can be the fault of the truck driver, the truck manufacturer, the government who maintains the roads, or the fault of another driver. In the case of one recent truck accident in Los Angeles, the person at fault was a 36-year-old man who was driving a van.

Authorities do not yet know why the 36-year-old man veered off the road and hit a parked car. The parked car was pushed forward hitting a 50-year-old truck driver and throwing him onto the bed of his broken down truck that he was having towed. The 50-year-old man was airlifted to a local hospital where he was pronounced dead.

The 36-year-old driver of the van suffered minor personal injuries. This Los Angeles truck accident was caused by the negligent actions of the 36-year-old and resulted in the truck driver’s wrongful death.

If you have suffered personal injuries or lost a loved one in a truck accident in Los Angeles due to the negligent behavior of someone else, please contact the Los Angeles truck accident attorneys at the Cochran Firm to schedule an evaluation of your case. You are entitled to compensation for your injuries and loss.

SUV Rollover Accident is the Cause of Baseball Player's Death

2010-09-28T08:38:00.001-07:00

A 2001 lawsuit filed against the Ford Motor Company was finally settled in Jackson, Mississippi recently. A jury declared that the Ford Explorer being driven by baseball player Brian Cole caused his death due to the unsafe nature of the vehicle and the defective safety belts. An award of $131 million dollars was given to the family of Brian Cole for the actual damages sustained and a dollar amount for punitive damages has not yet been established.

According to reports, Brian Cole and his cousin, Ryan Cole, were driving home to Meridian, Mississippi from spring training in Port St. Lucie, Florida. Both passengers were wearing their seat-belts when the SUV rollover accident occurred. Brian Cole was thrown from the vehicle and, upon arriving at Jackson Memorial Hospital, was pronounced dead from his injuries

SUV rollovers are a common auto accident that can cause serious personal injury or wrongful death. SUV rollover accidents occur because of the high center of gravity and the narrow body of the vehicles. The style of SUVs makes them prone to rolling over in cases where the driver has to turn sharply or swerve to try and avoid an oncoming vehicle or object in the road. In the case of Brian Cole, his seatbelt was defective and he was thrown from the vehicle. He may have survived the auto accident if his seatbelt had functioned properly.

If you or someone you love has been in an SUV rollover accident in Jackson, Mississippi, please contact the Cochran Firm's experienced Jackson, Mississippi SUV rollover accident attorneys today to schedule a consultation about your case.

Dangerous Drug Blinds Woman

2010-09-28T08:38:00.000-07:00

A jury found that Mutual Pharmaceutical Co. based in Philadelphia, Pennsylvania was liable for a 51-year-old woman’s personal injuries because they should have known that the prescription drug meant to help with shoulder pain was dangerous to consumers. The victim in this dangerous drug case suffered burns to her eyes, mucus membranes, and skin after taking the dangerous drug Sulindac. The woman was awarded $21 million dollars for her injuries, pain and suffering, and because the dangerous drug blinded and scared her.

Two weeks after starting to take Sulindac, the woman noticed irritation around her eyes and that her face was showing red spots. She was admitted to a hospital where she was diagnosed with Stevens-Johnson Syndrome (SJS) and toxic epidermal necrolysis (TEN). This dangerous drug literally burned her body inside and out.

Prescription drugs are meant to help improve our quality of life. Some pharmaceutical companies ignore certain effects of their drugs and put them on the market even though they know the drug is potentially harmful. Pharmaceutical companies can be held liable for manufacturing and distributing dangerous drugs.

If you have suffered from taking a dangerous drug in Philadelphia, Pennsylvania, please contact the Philadelphia dangerous drug attorneys at the Cochran Firm today to schedule a consultation about your case.

Taking an Actuarial Approach to Medical Malpractice Reduction

2010-09-28T08:31:00.001-07:00

Last month, the Society of Actuaries (SOA) released its study of claims data estimating that measurable medical errors cost nearly $20 billion in 2008. One of the stated goals of the study was "helping heathcare systems to take an actuarial approach, which can more systematically identify potential causes of medical errors than alternative approaches," according to SOA spokesman Jim Toole. Now, it seems healthcare systems are doing just that, using the data from medical malpractice claims to help identify the causes of error and reduce future occurrences.

The SOA analyzed doctors own insurance claims statements to determine that there were probably at least $19.5 billion in additional medical costs related to medical errors. The SOA study began by looking at medical injuries. They determined that there were at least 6.3 million medical injuries in the US in 2008. They found that about 7% of all hospital admissions resulted in some form of medical injury, and that these medical injuries included about 1.5 million medical errors, resulting in at least 2500 avoidable deaths and more than 10 million days of work missed due to temporary disability. They estimated that the average total cost per error was about $13,000, but this did not include pain and suffering, legal costs and other costs not trackable in the doctors' claims.

It seems that doctors are taking this data to heart. According to a column in yesterday's Wall Street Journal Health section, doctors are analyzing medical malpractice claims to figure out what causes medical errors and prevent future errors. According to the data reported by the Journal, the actual cost and frequency of injuries is much higher than the SOA study found. Patient-safety researchers at Johns Hopkins University estimate that diagnostic errors alone kill 40-80,000 hospital patients annually.

Medical malpractice lawsuits also show that it is often not a single error, but multiple errors--generally at least three--that lead to medical malpractice claims. According to data compiled by the Journal, the most common causes of error are:

Error in judgement
Forgetfulness or lack of vigilance
Gap in knowledge
Patient's error
Handoffs between doctors and other staff

This trend shows that your medical malpractice lawsuit can do more than get compensation for your injury or loss. It can help doctors and other healthcare providers learn the serious flaws in the system that contribute to serious medical errors. Once doctors learn these flaws, they can be corrected and perhaps then no one else will have to suffer the same type of serious injury that you have suffered.

If you have suffered a serious medical injury or lost a loved one due to a doctor's or systematic error, the medical malpractice lawyers of The Cochran Firm can help. Please contact us today for a free case evaluation.

Judge Grants Discovery of Facebook, MySpace Posts

2010-09-27T15:29:00.001-07:00

SUFFOLK COUNTY, NEW YORK – A judge in New York has ruled that personal injury plaintiff Kathleen Romano must allow the court access to private postings on Facebook and MySpace that may contradict her previous testimony. Romano is suing Steelcase Inc., manufacturers of the office chair that Romano fell off in 2003 while working at Stony Brook University, for damages for personal injuries. She claims that the chair was a defective product and caused her "serious permanent personal injuries," including herniated discs, restricted neck and back motion, and "pain and progressive deterioration with consequential loss of enjoyment of life."

The defendant, Steelcase, says that the public sections of Romano's Facebook and MySpace profiles suggest that Romano has an "active lifestyle" and does activities she has claimed that her injuries prevent her from doing. Acting Justice Jeffrey Arlen Spinner of New York's Suffolk County Supreme Court has ruled in the defendant's favor, stating that Romano may not withhold material necessary to the defense because she has placed her physical condition in controversy. Romano's lawyer has said that she is considering an appeal of the decision.

This case is a reminder of the inherently public nature of social media networks, even with self-regulated privacy settings available. This decision may or may not influence personal injury and product liability lawsuits in other states, but should serve as a warning to plaintiffs not to post information or photos damaging to their cases. If you are pursuing a personal injury lawsuit, the experienced personal injury attorneys of The Cochran Firm will help you understand how to protect yourself from similar problems.

If you have been injured by a defective product or by someone else's negligence, please contact The Cochran Firm today to find out about your legal options.

Armed Robbery Sentencing in Alabama

2010-09-27T08:37:00.001-07:00

Armed robbery is defined as robbing a person or place of business with a deadly weapon such as a knife or gun. The robber uses the weapon to intimidate his or her victim by threatening them with it.

The situation becomes aggravated robbery when the robber uses force and violence to complete the robbery, which can include using the weapon being brandished.

In Alabama, aggravated robbery is considered a first-degree felony and is punishable with prison time from 5 to 99 years or life in prison. A fine may also accompany the prison time but is not to exceed $10,000.

If you are faced with an armed robbery or aggravated robbery charge in Huntsville, Alabama, you will need a skilled and experienced attorney on your side to make sure your rights are protected and justice is served. The sentencing for aggravated robbery can be as severe as a murder charge. It is important to have the right criminal defense attorney on your side.

The Huntsville criminal defense attorneys at the Cochran Firm will meet with you in a confidential case evaluation to discuss your charges, your rights, and the legal steps you must take in order to protect your rights.

If you have been charged with an armed robbery or aggravated robbery charge in Huntsville, Alabama, please contact the Cochran Firm today.

Texas Laws Governing DUIs

2010-09-27T08:37:00.000-07:00

Whether you're meeting friends after work or having a party at your house, you quite often have an opportunity to drink. Drinking to excess and then driving, however, can result in anything from a minor fender bender to jail time to death. Texas DUI law prohibits anyone over the age of 21 from driving with a blood alcohol concentration (BAC) limit of .08 percent, the nationwide standard. Drivers under the age of 21 are prohibited from driving with a BAC of .02 percent, and commercial drivers from driving with a BAC of .04 percent.

If you are arrested with a DUI in Houston, Texas and it is your first conviction, you are facing the following sentencing:

Between 72 and 180 days in jail
Between 180 days to 2 years in jail if a child under the age of 15 was in the vehicle
Suspended driver license between 90 to 365 days
A fine up to $2,000
A fine up to $10,000 if a child under the age of 15 was in the vehicle
A DUI surcharge of $1,000 per year for 3 years
A DUI surcharge of $2,000 per year for 3 years if your BAC was .16 or higher

Sentencing for repeat convictions will cost you more jail time and higher fines. You have rights under the law if you have been convicted of a DUI in Houston, Texas. Please contact the experienced Houston DUI lawyers at the Cochran Firm for legal representation in your DUI case. You deserve to have your rights protected.

Medical Malpractice Lawsuit in Las Vegas Results in $500 Million Award

2010-09-26T08:39:00.000-07:00

A Las Vegas plaintiff was awarded $500 million for punitive damages received after he contracted hepatitis C from an endoscopy center that was reusing needles and medicine vials. This amount is believed to be the largest amount a Nevada jury has awarded to a victim in the history of Nevada.

This medical malpractice lawsuit is the first in a line of 250 lawsuits where residents contracted hepatitis C from two endoscopy centers in Las Vegas. Law officials shut down the two centers in 2008 because of their unsafe medical practices. Two pharmaceutical companies have been targeted in the case because they manufactured and distributed a generic anesthesia medication that the two clinics used. The two pharmaceutical companies are Baxter Healthcare Corp. and Teva Pharmaceutical Ltd.

In this first medical malpractice lawsuit against the two companies, the jury found that both Baxter Healthcare Corp. and Teva Pharmaceutical Ltd. were responsible for the plaintiff’s infection because they manufactured single dose needles and vials that were reused on multiple patients. The jury declared that the two companies endangered patients.

If you or someone you love has been injured due to the negligence of a medical professional in Las Vegas, please contact the Cochran Firm today to discuss your medical malpractice case with our Las Vegas medical malpractice attorneys.

Fatal Bus Accident in New York

2010-09-26T08:36:00.000-07:00

A double-decker bus crashed into a railroad bridge that did not provide the height needed for the bus to safely pass under. The bus fell on its side after hitting the bridge killing 4 passengers. At least 17 passengers were sent to a local hospital following the bus accident in New York.

Reports of the bus accident indicate that the 59-year-old driver took the wrong exit off the highway and found himself on an unfamiliar road without a place to pull over or turn around. Officials are unsure how the driver missed the warning signs and flashing lights indicating that the clearance under the bridge was only 10 feet, 9 inches. The bus driver was not under the influence of alcohol or any controlled substance.

This New York bus accident may have several possible causes. The driver could be at fault if he was driving while distracted or driving while exhausted. Government entities that maintain the roads may be at fault if the roads were inadequately marked or if the warning signs for the bridge’s clearance were not readily visible. An experienced New York bus accident lawyer has the knowledge and resources to figure out who was at fault, especially if a wrongful death occurred.

No matter what party or parties were at fault, you are entitled to compensation if you or a loved one was involved in a bus accident and suffered a personal injury. Please contact the Cochran Firm today to schedule an evaluation of your case in New York, New York.

Two Police Officers Use Excessive Force in Dothan, Alabama

2010-09-26T08:35:00.000-07:00

On September 13, 2010, the opening arguments began in a Dothan Federal Courthouse in a police brutality trail brought forth by a woman who claims that one police officer used excessive force against her while another officer was present and failed to intervene.

According to the plaintiff, she was restrained face down in a Southeast Alabama Medical Center gurney and one of the police officers used a TASER gun on her three times consecutively. She claims the second police officer stood nearby and did nothing to prevent the excessive brutality.

The officers claim that the woman was unrestrained at the time the first officer used the TASER gun and only used it twice after repeatedly warning her to calm down. They claim she kept attempting to kick and bite the police officers.

Both officers are being charged with:

• Excessive force
• Assault and battery

Police officers are responsible for keeping us safe. Sometimes, however, police officers use excessive force or needlessly use their TASER guns causing personal injury and wrongful death to those they are meant to protect.

If you have been a victim of police brutality in Dothan, Alabama, do not hesitate to contact the Dothan personal injury attorneys at the Cochran Firm.

Parent’s Death at the University of North Carolina Caused by Lack of Bed Rail

2010-09-25T08:40:00.000-07:00

A 49-year-old woman from Rocky Mount, North Carolina was visiting her daughter at the University of North Carolina where she fell off a bunk bed and suffered a fatal head injury. After this woman’s wrongful death near Raleigh, North Carolina, the demand for safety rails on the university’s bunk beds has soared.

UNC usually receives roughly 30 requests a year for safety rails, but has recently provided over 300 of its students with safety rails. Due to the surging demand for the safety rails, UNC has order 800 additional rails. The university is now considering supplying safety rails for all of the bunk beds on campus. This would require that the university order 8,500 safety rails that would cost about $250,000.

University campuses are responsible for making sure all students and their visiting parents are safe. This means that the entire premises of each campus have the proper safety measures in place, including safety rails on bunk beds, to prevent the personal injury or wrongful death of anyone on campus.

Losing a loved one unexpectedly is devastating especially if the death could have been prevented. If you have lost a loved one due to a wrongful death in Raleigh, North Carolina, please contact the Cochran Firm to speak with one of our experienced Raleigh wrongful death attorneys about your case.

Train Accident Caused by Drunk Driver in New Orleans

2010-09-25T08:35:00.000-07:00

A 42-year-old man drove his vehicle onto the train tracks and stopped. A passenger Amtrak train immediately hit the vehicle causing a train accident in New Orleans. Amazingly, the man was not killed. However, police officers did have good reason to arrest the man for a DUI because the driver had a strong odor of alcohol, displayed slurred speech and his eyes were glassy and bloodshot

The man was arrested and sent to University Hospital in New Orleans to have his blood alcohol level (BAC) checked. The man’s BAC level was reported as 0.18 percent. The legal BAC limit to drive is 0.08 percent. Charges include:

• Driving while intoxicated
• Disobeying the train crossing signal
• Driving without liability insurance

The train accident did not result in the personal injury of anyone on the train. The man, however, suffered a head wound.

The New Orleans train accident attorneys at the Cochran Firm have experience helping victims of train accidents get the compensation they are entitled to. Possible compensation includes:

Pain and suffering
Lost wages
Wrongful death
Prescriptions
Physical therapy
Hospital bills
At home care
Other medical bills

Train accidents can occur for several reasons other than people stopping their vehicles on the tracks. Trains to collide with each other on occasion and they can hit a defect in a rail that sends cars off the tracks completely. Whether trains collide with each other or a vehicle, they can result in serious injuries and death.

If you or a loved one has suffered a injuries due to a train accident in New Orleans, please contact the Cochran Firm for a case evaluation.

Cell Phone Usage Can Cause Auto Accidents in Washington, D.C.

2010-09-25T08:33:00.000-07:00

Drivers can be easily distracted by their cell phones while driving. An auto accident can occur quickly if a driver’s attention is taken off the road for even a split second. For this reason, Washington, D.C. has put several laws in place limiting the usage of cell phones by drivers.

In Washington, D.C., drivers of all ages are prohibited from using handheld cell phones while driving. Experienced drivers are allowed to use hands-free devices with their cell phones while driving so both hands are available to control the vehicle. Police officers can cite a driver for using a handheld cell phone even if no other traffic violation has taken place.

Washington, D.C. does not ban all drivers from using hands-free cell phones while driving. However, Washington, D.C. does prohibit school bus drivers from using a cell phone in any manner while passengers are present and prohibits inexperienced drivers from all cell phone use.

All drivers are prohibited from text messaging while driving. Text messaging while driving is a leading cause of SUV rollover accidents, truck accidents, and auto accidents in Washington, D.C.

Washington, D.C. cell phone laws are in place to keep all drivers and pedestrians safe. If you or someone you love has been in an auto accident due to a distracted driver, please contact the Cochran Firm today to get the help you need with your auto accident case.

GM Seatbelt Recall

2010-09-24T13:37:00.001-07:00

DETROIT, MICHIGAN – Last month, General Motors issued a recall of 2009 and 2010 Chevy Traverse, Buick Enclave, GMC Acadia, and Saturn Outlook crossover vehicles due to a defect in the trim on the second-row seats. GM has noticed in returned warranty vehicles that the trim can damage the buckle of the second-row seatbelt and may even press on the red release button, creating a risk of seatbelt failure in the event of an auto accident.

Seatbelts are such a critical safety feature of any vehicle that any potential seatbelt defects should be taken very seriously by owners of the recalled vehicles. If a defective seatbelt fails, it could lead to serious vehicle accident injuries and possibly car crash fatalities.

So far, no defective vehicle injuries are known to have happened as a result of the defective GM seatbelts. However, GM went ahead with the voluntary defective seatbelt recall in order to prevent any potential car accident injuries that might result from the defective product. If any defective seatbelt injuries do occur, the defective product liability attorneys of The Cochran Firm will be ready to defend the rights of any defective vehicle injury victims nationwide.

GM will notify owners of the affected crossover vehicles and give them instructions to take the defective vehicle to a GM dealership for repairs to correct the defective seatbelt issue.

If you or a loved one has been injured because of a defective seatbelt, please contact the experienced defective vehicle injury lawyers of The Cochran Firm today for a complimentary case evaluation.

Alabama Woman Dies Due to Medical Malpractice

2010-09-24T08:32:00.000-07:00

Lucy Thomas' mother died at Lee Memorial Hospital in Fort Myers, Florida after receiving hip replacement surgery. The hospital staff declared that Thomas’ mother died of stress caused by the surgery and a heart attack. Thomas is certain that her mother died due to the injection of an undiluted heart medicine and that the hospital staff is guilty of medical malpractice.

Thomas’ mother’s body was embalmed and prepared for her funeral in Alabama. Unfortunately, any evidence of an overdose may have been destroyed during the embalming process. Thomas’ mother’s body was returned to Fort Myers from Alabama for an autopsy to discover if medical malpractice caused Thomas’ mother’s wrongful death.

If a jury finds Lee Memorial Hospital guilty of medical malpractice, then they are in turn guilty of lying and having committed fraud. Thomas has rejected any settlement offers and her lawyer is seeking an undisclosed amount from the jury.

When a hospital or hospital staff acts in a negligent manner and causes a patient to suffer a personal injury or wrongful death, the hospital is guilty of committing medical malpractice. It is illegal for the hospital to try to cover up the negligent behavior.

If you live in the Mobile, Alabama area and are in need of legal assistance with your medical malpractice case, please contact the Cochran Firm immediately.

Reasonable Suspicion for Detroit Field Sobriety Tests

2010-09-24T08:31:00.000-07:00

If you are pulled over for suspicion of driving under the influence of alcohol (DUI) in Detroit, the police officer must have reasonable suspicion before he can request that you submit to field sobriety tests. Field sobriety tests are meant to determine if your blood alcohol content (BAC) is above the legal limit. If the officer does not have reasonable suspicion to conduct a field sobriety test or to conduct a DUI investigation, your arrest may be illegal.

Michigan courts require that several factors be present in order to give the officer reasonable suspicion. The smell of alcohol alone is not enough to warrant a DUI arrest. Possible factors for reasonable suspicion include:

The smell of alcohol
Slurred speech
Bloodshot, watery eyes
Staggered walk
Flushed face

These combined factors along with a traffic violation will provide the arresting officer with legal reasonable suspicion and will warrant your arrest. Officers may exaggerate or lie in their police reports about what gave them reasonable suspicion.

If you have been pulled over for the suspicion of a DUI in Detroit, Michigan, you will want the skilled Detroit DUI attorneys at the Cochran Firm on your side. You have rights under the law and your DUI arrest may be illegal. Please contact the Cochran Firm today to schedule a case evaluation.

Minneapolis Works to Lessen the Amount of Pedestrian Accidents

2010-09-23T08:31:00.000-07:00

Minneapolis has tried in recent years to lower the amount of pedestrian accidents and pedestrian deaths that occur every year. Drivers tend to get upset easily with people who are walking or riding their bikes because they feel as though pedestrians get in their way. Many pedestrian accidents happen because drivers are not yielding to pedestrians in crosswalks and because drivers sometimes drive while distracted.

A safe crosswalk law was recently passed in Minnesota requiring all drivers to stop for pedestrians crossing in crosswalks and on the road. Unfortunately, this law has done little to reduce the amount of pedestrian accidents that happen each year. Minneapolis police officers seldom stop drivers for failing to follow the crosswalk law and yield to pedestrians. The next course of action Minneapolis will take is educating drivers of the dangers of causing pedestrian accidents.

As a pedestrian, you rule the road and vehicles must yield as you cross the road. In some cases, drivers become frustrated and give into road rage. In doing so, they can quickly cause pedestrian accidents that may lead to personal injury or wrongful death.

Please contact the Cochran Firm if you have been involved in a pedestrian accident in Minneapolis, Minnesota. The Cochran Firm's Minneapolis pedestrian accident attorneys are here to help you get the compensation you deserve for your injuries.

Nursing Home Abuse in Illinois Kills 74-Year-Old Woman

2010-09-23T08:30:00.000-07:00

Dolores "Dee" Howorth, a 74-year-old woman, died 27 days after being admitted to a nursing home in Chicago, Illinois. It is reported that she died of dehydration. She was restrained in a wheelchair with a lap belt and the nursing home staff neglected to document her declining health or keep her adequately hydrated, which led to acute renal failure and Howorth's wrongful death.

Howorth's family is suing ManorCare Health Services-Hinsdale for nursing home abuse and the wrongful death of Dolores Howorth. The family believes that Howorth was unnecessarily restrained physically and chemically for the convenience of the nursing home staff. They also believe that Howorth's quality of life deteriorated when she was admitted into their facility.

We want our beloved family members to have the best of care in their later years. This is why we do our best to choose nursing homes that will meet our loved one’s needs and make sure they are safe and healthy. When a nursing home neglects to properly take care of our loved ones, they are committing nursing home abuse.

If you live in the Chicago, Illinois area and have a nursing home abuse lawsuit, please contact the Chicago nursing home abuse lawyers at the Cochran Firm for help. Our experienced lawyers will protect your rights and the rights of your loved one.

Baby Formula Recalled over Presence of Beetle

2010-09-23T08:24:00.001-07:00

Abbott Laboratories has recalled around five million cans of Similac-brand powdered baby formula because of the possible presence of beetles. According to an Abbott spokeswoman, a small beetle was detected in the baby formula at the manufacturing plant in Sturgis, Michigan. To add to the company's problems, both the website and hotline were apparently down.

The recall only affects Similac products inside plastic cans that come in 8 oz., 12.4 oz., and 12.9 oz sizes. The liquid products are fine. Abbott has stopped production and shipment of the affected Similac formula and contacted the Food and Drug Administration about the situation and to initiate a recall.

The spokeswoman added, "Parents place a lot of trust in Similac, and delivering anything less than the highest quality formula is unacceptable to us. That's why we're initiating the recall."

According to the FDA, the common beetle can cause indigestion and cause the infant to lose their appetite for a little while. The plant is also in the process of being fumigated, which will take a few days.

The recall is being issued in the US, Guam, Puerto Rico, and some nations in the Caribbean.

If your child becomes ill after ingesting formula you suspect is defective, please contact the experienced defective product attorneys at the Cochran Law Firm for an initial consultation. We serve clients nationwide.

FDA Claims they were Duped by J&J on Motrin Phantom Recall

2010-09-22T10:04:00.001-07:00

Documents provided by the Food and Drug Administration (FDA) indicate that McNeil Consumer Healthcare, a subsidiary of Johnson & Johnson, ignored federal regulators when they staged a phantom recall of defective Motrin products during July 2009. The pharmaceutical company hired contractors to purchase up large quantities of the defective drug as if they were consumers. In this way, they were able to remove all of the defective Motrin products from store shelves without announcing an official recall, which would have garnered considerable amounts of negative press.

The phantom recall involved defective Motrin caplets which did not dissolve properly, potentially causing adverse side effects.

While the FDA lacks the authority to require companies to initiate product recalls, the organization stated that based on the evidence available, these Motrin caplets would have warranted a Class 2 recall, which covers defective products which may cause temporary or medically reversible adverse health consequences, but have a remote chance of causing serious adverse health consequences.

However, earlier this week, the Committee on Oversight and Government Reform divulged documents indicating the FDA may have known about and approved McNeil's phantom Motrin recall. The FDA has denied these allegations and insists that as soon as they discovered McNeil's plan to covertly remove the defective Motrin products from store shelves, they prompted the pharmaceutical company to initiate an official recall. As a result of the tactics used throughout the process, Johnson & Johnson was able to avoid issuing a press release about the recall, preventing many consumers from becoming aware of the recall altogether.

Time will tell whether the FDA was aware of and approved the phantom recall in advance. Regardless, it seems that Johnson & Johnson clearly went to great lengths to avoid following proper recall protocol in this situation.

If you have suffered an injury from taking the defective Motrin caplets, the please contact the experienced defective product attorneys at The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.

Police Brutality in Dallas, Texas

2010-09-22T08:34:00.000-07:00

A 28-year-old motorcyclist was beaten by three Dallas, Texas police officers in early September 2010 following a chase. The police officers are facing criminal charges for their roles in the police brutality incident. Some of the confrontation was caught by a dashboard camera in one of the police vehicles before an officer moved the camera to avoid filming the beating.

The 28-year-old-man suffered personal injuries from being beaten with the officers’ fists and batons. All three officers are faced with felony charges and two of the officers face misdemeanor charges. The charges include:

Tampering with or fabricating physical evidence
Assault and official oppression

There is no evidence that this police brutality incident was the cause of any racial prejudice. Dallas police are investigating the incident and internal affairs investigations are being conducted on two of the three officers. The third officer, who was still on probation as a new member of the department, was fired.

Naturally, the police officers involved in the Dallas police brutality incident do not represent the Dallas police force philosophy of treating citizens with fairness and compassion. And, while police brutality cases are rare, they still happen. If you have been the victim of police brutality, please contact the Cochran Firm today. You have rights and the Dallas police brutality lawyers at the Cochran Firm are committed to protecting those rights.

Possible Medical Malpractice Case for the Bengals

2010-09-22T08:29:00.000-07:00

Rashad Jeanty, a former linebacker with the Cincinnati Bengals, fractured his left fibula on January 9, 2010, in a playoff game against the New York Jets. The Bengals medical staff informed Jeanty that he did not need surgery for his injury. Jeanty visited the Miami Dolphins as a restricted free agent and was informed that he required major surgery in order to stabilize his leg. The Dolphins were uninterested in Jeanty due to his injury.

Jeanty underwent the surgery for his leg and was thought to be placed on the reserve list for the Bengals. However, due to his injury, the Bengals cut him from the roster even though Jeanty was an extremely valuable player for the team and had won the Ed Block Courage award in 2008.

The Bengals medical staff misdiagnosed Jeanty’s injury and did not get him the medical attention he needed to properly recover from the fracture. The misdiagnoses cost him potential employment in the form a place on the Miami Dolphins roster.

Medical malpractice is the misdiagnoses or mistreatment of an injury or health condition by a medical professional. The Bengals medical staff had a duty and a responsibility to correctly diagnose Jeanty and to get him further medical attention for his injury.

If you live in the Miami, Florida area and believe you have been the victim of medical malpractice, please contact the experienced Miami medical malpractice attorneys at the Cochran Firm today to schedule an evaluation of your case.

Fatal Auto Accident Caused by a Louisiana Man

2010-09-22T08:28:00.000-07:00

A family of 5 died in a fatal auto accident caused by a Louisiana man who was driving at 98 mph, according to a crash data recorder. The Louisiana man crashed into the family’s minivan killing the two parents, a 12-year-old daughter, and two foster children who were 5 and 6 years old.

The Louisiana man claimed he was driving at a safe speed when the auto accident occurred. He was given a prison sentence of 15 years for the manslaughter of the five victims. The Louisiana man suffered a spinal injury and a traumatic brain injury.

Losing a loved one unexpectedly in an auto accident can bring your entire world to a halt. You may not know what your next legal steps should be and grief can make it difficult to make these decisions. An experienced Metairie auto accident lawyer at the Cochran Firm will guide you through the legal process and help you claim compensation for:

Pain and suffering
Medical bills
Loss of companionship
Lost wages
And more

If you lost a loved one in a fatal auto accident in Metairie, Louisiana, please contact the Cochran Firm to schedule a confidential consultation with an experienced auto accident attorney.

Indiana Pesticide Verdict Should Give Pause to Propoxur Advocates

2010-09-21T10:43:00.000-07:00

The bed bug epidemic sweeping the country and being felt most acutely in Ohio, has some people proposing that the FDA re-approve a banned pesticide for temporary indoor use. While bed bugs have developed resistance to some pesticides, propoxur is still an effective treatment. However, since 2007, the pesticide has been banned from " use on residential use sites, including schools, day care facilities, motels, hotels, and other indoor locations where children may be present." This ban followed hundreds of reports of toxic exposure to children associated with propoxur, leading in the short-term to a loss of consciousness. In the long-term children may suffer nerve tissue damage from propoxur exposure, similar to that in the case decided on September 16 in Floyd County, Indiana.

The more than $23 million verdict comes after a 14-year fight by a family. The family, especially its two children, suffered serious health effects after toxic exposure caused by misapplication of Creal-O, a then-legal indoor pesticide. The family moved into an apartment complex in February 1994. Later that year, the complex fired its professional pest control service and began using its own personnel to apply pesticide. Not long after this change, first their son (aged 5 months) and then their daughter (aged 3 years) were hospitalized for seizures. The family moved out of the complex when their lease expired in January 1995, and in 1996 they filed a lawsuit naming the complex, its pest control service, and the pesticide manufacturer. The case against the pest control service and the pesticide manufacturer were dropped. After a four-week trial that included at least one jury controversy, a verdict was passed down in favor of the family. The jury awarded $500,000 each to the parents, $16 million to the daughter, and $6.5 million to the son. The mother says the two children "haven't been the same since the first seizure." The daughter, now 20, is severely developmentally disabled. Her mother describes the girl's condition: "she can't dress herself, undress herself, brush her teeth, brush her hair, shower herself--basically everything but feeding has to be done by somebody else." The 5-month old, now 17, is academically and socially delayed.

This lawsuit should give pause to people advocating the use of banned pesticides like propoxur against bed bugs. Bed bugs seem to be resistant to many pesticides, although the EPA is still testing the effectiveness of approved pesticides against the resistant bed begs, samples of which are hard to obtain. Propoxur, though, is very effective at killing them. Unfortunately, in these cases, pest control comes at a potentially high cost. According to EPA formulas, the levels of propoxur needed to control bed bugs would also pose serious risk to children. Furthermore, even if propoxur is effective in the short-term, it is unlikely to work for long. Bed bugs will likely develop a resistance within a short time, while the victims of toxic exposure to the chemicals would have to live with the consequences for a lifetime.

Unfortunately, the EPA ban is not stopping some desperate people from misusing pesticides. Some businesses, pest control services, and even individuals desperate to control bed bug infestations have been found using pesticides in unapproved applications, putting people at serious risk.

If you or your family has suffered toxic exposure due to an unapproved use of pesticides for bed bug control, the personal injury lawyers of The Cochran Firm may be able to help. Please call or email us today for a free case evaluation.

Crash Taxes Don’t Apply for Atlanta, Georgia Auto Accidents

2010-09-21T08:27:00.000-07:00

Difficult economic times seem to force states to find creative ways to collect revenue. One of the newest tactics to collect revenue is commonly known as "Crash Taxes". Even though taxes pay for emergency response teams to respond to auto accidents, many states are sending bills to drivers who are involved in auto accidents in order to fill holes in the revenue stream.

Some states are billing both drivers regardless of who was at fault. Other states are only billing the at-fault driver and a few states only bill out-of-town drivers. Sacramento has started taxing residents around $435 for a typical auto accident and up to $2,275 for an auto accident that required airlifting a person with a personal injury to the hospital.

There are ten states that have outlawed this possible crash tax and do not allow the lower taxing jurisdiction to enact such a tax. The ten states are:
AlabamaArkansasFloridaGeorgiaIndianaLouisianaMissouriOklahomaPennsylvaniaTennessee
Some people in states that have enacted the crash tax feel they are being taken advantage of because they already pay taxes. Out-of-state drivers who get hit with this crash tax while traveling feel they are being unjustly targeted.

If you are a resident of Atlanta, Georgia, or if you are passing through, and happen to be involved in an auto accident, you do not need to worry about being taxed. Atlanta, Georgia does not have a "Crash Tax" and the state’s governing body will not allow any other state entities to pass this tax, either.

Auto accidents can happen at moment’s notice and you deserve to be compensated for your injuries and for any property damage. If you have been involved in an auto accident in Atlanta, Georgia, please contact the law offices of the Cochran Firm today. Our Atlanta, Georgia auto accident lawyers will fight for your rights.

Alabama Has Fewer Fatalities in Motorcycle and Auto Accidents

2010-09-21T08:24:00.000-07:00

Birmingham, Alabama roads have become increasingly safer since 2008 due to the Take Back Our Highways campaign started by Governor Bob Riley. The numbers of fatalities that have been a result of auto accidents and motorcycle accidents have decreased all over the state of Alabama. This is due, in large part, to the fact that law enforcement has engaged in more intelligent means of targeting dangerous drivers.

The Department of Public Safety has reported a steady decline of fatalities over the past couple of years. In 2008, 828 deaths were reported. The report also indicates that, for the first 3 quarters of 2010, there have been fewer than 375 fatalities. This decline in loss of life can also be attributed to drivers getting the message of the importance of driving safely.

Speeding, changing lanes abruptly, and driving while distracted are three of the most common causes of auto accidents. Accidents involving both automobiles and motorcycles in Birmingham, Alabama generally occur because drivers do not give motorcyclists adequate room on the road. Other issues than can lead to serious injuries or death include:

Driving under the influence
Driving without corrective lenses
Driving unsafely in bad weather conditions
Driving while sleep deprived
Driving while distracted
Not giving enough room between the vehicle and the motorcycle
Changing lanes too closely in front of a motorcycle

A motor vehicle accident can result in serious personal injury or wrongful death. If you or someone you love has been in a motor vehicle accident in Birmingham, Alabama, please contact the Cochran Firm today to schedule a consultation with a Birmingham auto accident attorney. You have rights and we will help you protect those rights.

Toyota Settles Case that Spurred Recalls

2010-09-20T12:15:00.001-07:00

Toyota has settled the California case that spurred recalls of millions of vehicles for an acceleration defect. The lawsuit Toyota was facing was brought by the families of four people killed when their rented 2009 Toyota Lexus crashed in San Diego, California in August 2009. Investigators determined the cause was a wrong-size floor mat that trapped the accelerator pedal.

The amount of the settlement is supposed to be disclosed sometime today, but the parties reached a settlement in June. The attorney for the plaintiffs is not talking at the time of this writing. The settlement that was reached did not include the dealer who loaned the Lexus. His attorney alleges Toyota is protecting its own interests by cutting out the dealer who seems to be on his own.

The dramatic and highly violent accident was caught on a cell phone 911 call made by the driver, a California Highway Patrol officer. He, his wife, his 13-year-old daughter, and his brother were driving through a San Diego suburban freeway when they could not keep from accelerating. The driver told the 911 operator they had lost their brakes.

The Lexus reached speeds of 120 mph, and only ended when they hit an SUV, launched off an embankment, rolled, and burst into flames. Just before the vehicle crashed, one of the four can be heard telling the others to pray.

This crash lead to Toyota recalling millions of vehicles to replace floor mats that caused the accelerators to jam. Millions more were recalled later to fix gas pedals that could stick. There were hundreds of lawsuits filed against Toyota claiming sudden acceleration, but the San Diego case was the strongest one settled thus far. Some of those involved in the Toyota recall cases believe it may cost the company billions of dollars.

If you or a loved one has been injured because of a defective vehicle, please contact the experienced defective vehicle attorneys at the Cochran Firm for an initial case consultation. We serve clients nationwide.

Chuck E. Cheese Toy Recall

2010-09-17T11:58:00.001-07:00

The US Consumer Product Safety Commission (CPSC), in cooperation with Health Canada and Chuck E. Cheese's Restaurants, issued a recall Wednesday of approximately 1.2 million Chuck E. Cheese's toys given to children in restaurants across the US and Canada. The recall affects Chuck E. Cheese's light-up rings and star eyeglasses, both of which contain a small battery that can be removed and swallowed by small children if the toys' plastic shells are broken or pulled apart. If swallowed, the battery can cause serious damage to a child's digestive system.

CPSC has recommended that parents take these defective toys away from children immediately and bring them back to a Chuck E. Cheese's for a refund of one dollar for the light-up rings and $4.99 for the star glasses. If you worry that your child may have swallowed the dangerous battery, seek medical attention for your child right away to determine if there is, indeed, a problem. If your child is injured by these defective toys, you can file a report with the CPSC and contact an experienced defective products liability attorney to discuss your legal options.

Defective toys that are dangerous to children are a serious problem in the US and Canada, where cheap toys made overseas are not always subjected to serious safety testing and inspection before being imported. The defective product personal injury lawyers of The Cochran Firm represent defective product injury victims and their families nationwide.

If you or your child has been injured by the recalled defective Chuck E. Cheese's toys or any other defective product, please contact The Cochran Firm's defective product injury attorneys today for a free evaluation of your case.

Alleged Bias on FDA Rosiglitazone Panel

2010-09-16T08:13:00.001-07:00

The Food and Drug Administration committee that decided to keep rosiglitazone (Avandia) on the market this year has been accused of loading the panel with pro-rosiglitazone members. Rosiglitazone has been linked to increasing the risks of heart attack and death in thousands of cases.

Two members of the FDA's Office of Surveillance and Epidemiology first made the accusations at the beginning of September. They claim that half the members on the July 2010 panel previously voted in favor of keeping rosiglitazone on the market at a similar panel in 2007. They blame the FDA's Center for Drug Evaluation and Research (CDER) for inviting not only current members of the panel, but all members from the 2007 meeting, even though they were not active members of the current committee. This is a move labeled "unprecedented" by the accusers.

This brought the number of members on the 2010 panel up to 32; 16 of them attended the 2007 meeting, and 15 of the 16 voted then to keep rosiglitazone on the market. The accusers claim that members voting for the first time were 4.4 times more likely to vote that the defective drug be withdrawn from the market. One said that if the previous members from the 2007 panel were not invited to the 2010 panel, ten of 17 members would have voted to pull rosiglitazone from use.

Suspected Reasoning Behind Rosiglitazone Vote

The two accusers, as well as many other researchers and doctors believe the reason rosiglitazone is still available is because the leaders at CDER and the FDA made the mistake of allowing a harmful drug on the market and then didn't do anything about it when problems came to light as early as 2003.

There are also questions about the questioning at the 2010 panel. In 2007, the question of withdrawing rosiglitazone had a straight yes/no answer. In 2010, there were five different options for members to choose from giving many involved the impression that the people in power don't want the drug pulled from the market. Due to the several options, there is a gray area on whether the members actually voted for withdrawl or severe restriction. The sponsor of the panel says the members voted to keep it on the market, but detractors believe 22 of 32 actually voted to pull rosiglitazone from the market or severely restrict its use.

This may seem conspiratorial, but the FDA has previously come under suspicion for playing politics with science, as well as looking out for the interests of those who already work there. Since the July meeting nothing has been done to look into why so many rosiglitazone patients are having cardiac events.

If you or a loved one has been injured by rosiglitazone (Avandia), please contact the experienced defective drug attorneys at the Cochran Firm for an initial case evaluation. We serve clients nationwide.

Hospital Settles Medical Malpractice Suit after Leaving Sponge inside Patient

2010-09-15T15:57:00.001-07:00

The Good Samaritan Hospital in West Palm Beach, Florida recently settled a medical malpractice lawsuit filed by a local judge who was injured after a surgical error resulted in a sponge being left inside his body. The terms of the settlement were not disclosed.

The 67-year-old judge had initially been treated for diverticulitis, a digestive disease affecting the large intestine. After the procedure, his pain intensified and doctors were at a loss to explain why. It took five months before doctors discovered that a 12x12 inch sponge had been left in his body after the initial surgery.

During the five months the sponge remained in his body, it began rotting. As a result, it created perforations inside his intestines. Doctors were forced to remove a portion of his intestines when the sponge was removed.

Surgical errors such as these are a common problem. The Journal of Radiology released a report indicating that approximately 1,500 patients in the United States suffer similar incidents of medical negligence every year.

If you have been the victim of a surgical error, please contact the medical malpractice attorneys at The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.

Uninsured Motorist Towing to Begin in Texas

2010-09-15T07:45:00.001-07:00

A standard requirement for being allowed to operate a motor vehicle is to have liability insurance. This insurance protects you and other drivers from having to pay the potentially high costs of a car accident. However, in most states a person found driving without insurance is simply issued a ticket and allowed to go on his or her way. However, that is about to change in at least one city.

On Monday, police in Lufkin, Texas, will begin enforcing the city's new ordinance, which allows police to tow the car of a driver who cannot produce proof of insurance after a traffic stop. Drivers are forced to obtain insurance and present proof of insurance to get their vehicle out of impound.

It will be interesting to see how well the program goes, because uninsured motorists present a serious danger to other drivers. Typically, uninsured motorists fall into two categories:

Drivers with bad accident records for whom insurance is prohibitively expensive
Drivers unable to afford insurance of any kind

In other words, the types of drivers for whom insurance is most necessary are also the drivers most likely to be without it. The new plan to take these dangerous drivers off the road by towing their vehicles may be able to dramatically reduce the threat they pose to others.

If you or a loved one has been hurt in a car accident with an uninsured motorist, you may need to file a lawsuit to get compensation for your injuries. The lawyers of the Houston or Dallas, Texas offices of The Cochran Firm can help you get the compensation you deserve. Please call or email us today to learn more.

Medical Malpractice Costs only 2.4% of Total Medical Expenditure (Maybe)

2010-09-13T15:24:00.001-07:00

According to a recent study published in the journal Health Affairs, medical malpractice costs, including unnecessary tests and other defensive medicine practices, account for only 2.4 % of the total cost of Americans' $2.3 trillion expenditure on health care in 2008. Defensive medicine accounted for over 82% of that expense, with actual courtroom costs--including compensation for victims and the so-called lions' share taken by personal injury lawyers--amounting to 0.4% of health care spending annually. Although critics of the current tort system and tort reformers want to portray the system as broken, the product of a litigious culture that is being propped up by greedy trial lawyers, it is clear that someone may be getting rich from health care, but it isn't the lawyers or the injury victims.

Of course, this is only the latest in a number of estimates attempting to put a hard number to the question of how much medical malpractice costs us. Previous estimates range all over the place, from two percent up to ten percent (if you account for medical malpractice insurance, which, we've already discussed costs much more than lawsuits). Unfortunately, it seems unlikely that we will ever be able to have the kind of numbers that could inform policy on a large scale.

What we do have good numbers on is the conduct of individual lawsuits. As it is, the majority of people injured in a hospital or under a doctor's care do not file lawsuits, and, among those lawsuits filed 97% stem from an actual medical injury. The majority of people whose injury was the result of a doctor's error get compensated, and the majority of those whose injury was not the result of error don't get compensated. Further, the amount of compensation scales up with the severity of injury and doctor's error. The system may not be perfect, but discussion of tort reform must be sure that proposals do not throw the baby out with the bathwater.

If you or a loved one has been hurt by a doctor's error, the medical malpractice lawyers of The Cochran Firm may be able to help you get the compensation you deserve. To learn more, please contact us today for a free initial consultation.

Gas Line Explosion Ravages San Francisco Suburb

2010-09-10T08:50:00.001-07:00

A massive gas line explosion occurred in San Bruno, California on Thursday. At least four people died in the accident and more than 170 homes were damaged or destroyed. A 100-foot-high tower of fire launched into the air as a result of the explosion, forcing local residents to flee for safety. Hundreds of people spent the night in a shelter.

More than 100 firefighters arrived at the scene to battle the blazing flames. By late Thursday night, approximately 50% of the fire was contained. Rescuers will continue their search for victims today. Many victims have already been treated at Bay Area hospitals for severe burn injuries.

The National Transportation Safety Board has sent out a team of investigators to determine the cause of the gas line accident. Pacific Gas and Electric has acknowledged that a broken gas line set off the explosion, but they were uncertain as to how the gas line was damaged.

Pacific Gas and Electric has assured residents that they will take full responsibility if the fire is determined to be their fault. It is possible that they may face numerous personal injury lawsuits as a result of the incident.

If you have been injured or suffered property damage in the San Bruno gas line explosion, please contact
the experienced personal injury lawyers at The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.

New York to Require Companies to Reveal what is in Cleaning Products

2010-09-09T09:40:00.000-07:00

Due to the increased interest and concern about what goes into cleaning products, New York’s Department of Environmental Conservation Commissioner stated in a letter to Earthjustice that he has decided to begin requiring the disclosure of all ingredients that go into household and commercial cleaning products.

This is the beginning of enforcing a 40-year-old state law, which calls for manufacturers to reveal everything that goes into some of the most common under-the-sink products. This may be the only law of its kind in the country.

Responding to fears about what these cleaners do to the health of consumers and the environmental harm they may cause, environmental and health advocates sued several manufacturers of cleansers last year to try to get information about what they put into them under the 1971 New York law, but the suit was unsuccessful. The New York DEC demand that companies release their ingredients only affects that state, but health and environmental advocates hope it spurs a broad change in what chemicals are put into products.

Studies have linked chemicals in some cleansers to asthma, hormone changes, and antibiotic resistance, among other things.

Industry groups unveiled their own list of ingredients this year, and claim that potential health dangers are “off-base.” They say that research is flawed and that the products are safe if used correctly. Environmental advocates applaud the list of ingredients, but say that the list was too vague.

Defective products injure and kill thousands of people every year in this country. If you or a loved one has become sick because of a chemical in a cleaning product, please contact the experienced defective product attorneys at the Cochran Firm for an initial case consultation. We serve clients nationwide.

BP Report Spreads Blame in Oil Spill

2010-09-08T09:15:00.001-07:00

An internal BP report released today blames itself for the Gulf oil spill. However, they also blame several others, including Transocean and Halliburton. The 193-page report was released on their website, which claims there were many failures that combined to cause the oil rig Deep Horizon to explode, burn, and sink, which then set off the largest oil spill in U.S. history. However, investigators are still analyzing the blowout preventer and have not come to the same conclusions as BP. Big surprise there.

According to Rep. Edward J. Markey (D-Mass.), a member of the congressional panel that is investigating the spill, BP mentions eight key findings, but only takes responsibility for "half of one." Some of the findings include:

Employees and engineers of Transocean misinterpreted a pressure test of the well's integrity
Employees on the rig did not respond to warning signs that there was about to be a blow out
The cement job Halliburton did at the bottom of the well was done poorly, causing oil and gas to leak out

This report has obviously raised the ire of Transocean who claim BP is attempting to conceal the real reason the rig exploded, namely that the well design of BP's was "fatally flawed." Transocean also says BP cut costs, which increased the risk. In addition to Transocean, special counsel for Florida Gov. Charlie Crist claim the report shows that BP will likely try to spread the blame as much as possible to avoid having to pay all the claims and government penalties.

An attorney in New Orleans, who represents the relatives of one of the workers killed, says there is not a "smoking gun" in the report and that the list of BP's findings has already been discussed.

Shortly after the report was made public, BP's shares increased two percent. Blame and finger pointing seems to be good business sense these days.

If you or a loved one has a legitimate oil spill claim, please contact the experienced oil spill attorneys at the Cochran Firm. We serve clients nationwide.

Actos and Heart Disease

2010-09-07T15:08:00.001-07:00

The American Heart Association journal Circulation: Cardiovascular Quality and Outcomes published a study last month by WellPoint, Inc. demonstrating an increased risk of heart attack, heart failure, and death in diabetes patients taking either Avandia or Actos, two chemically similar diabetes drugs.

Results of Actos/Avandia Heart Disease Study

Though the FDA has not asked for a recall of Avandia since it was linked to heart problems in 2007, sales have never recovered to their former level because of patients' fears of heart attack and wrongful death. The WellPoint study has demonstrated that the heart problems linked to Avandia are clearly linked to Actos as well.

In this study, 602 Avandia patients and 599 Actos patients suffered either congestive heart failure, heart attack, or both. The deaths in each group were exactly equal in this study, 217 Avandia patients and 217 Actos patients died.

Actos Pharmaceutical Injury Lawsuits

Patients with heart disease or heart attacks who have taken Actos or Avandia may be eligible to begin litigation under product liability law or possibly even medical malpractice law.

The qualified pharmaceutical injury attorneys of The Cochran Firm are ready to explain your legal options. Remember, if you or a family member has endured a cardiac event after taking either Actos or Avandia, your time to begin a pharmaceutical injury lawsuit may be limited.

For a free evaluation of your pharmaceutical injury case, please contact the pharmaceutical injury attorneys of The Cochran Firm today.

$131 Million Verdict for Family of Man Killed in Ford Explorer Rollover

2010-09-07T14:43:00.001-07:00

In 2001 Brian Cole suffered a fatal rollover car accident while driving in a Ford Explorer. Last week, a jury in Bay Springs, Mississippi, passed a verdict in favor of the man's family, ordering Ford to pay $131 million to his survivors. The verdict was high because the man was considered to be a prospect for the New York Mets, and the amount was related to the man's potential earnings. Once the verdict was passed down, Ford opted not to appeal the case, but instead met with the man's family and settled for a confidential amount.

The family alleged that the man's death was due to the Ford Explorer's propensity to rollover, sometimes associated with the failure of defective tires made by the company's partner Firestone. SUV rollover accidents are responsible for many deaths, and Ford has denied that the Explorer was especially prone to rollovers. It did, however, sever its relationship with Firestone over the issue. In this case, Ford said the Explorer is not a defective automobile, and was not to blame for the man's death. A spokesperson for Ford pointed out after the verdict that Cole was driving in excess of 80 mph and not wearing his seatbelt when the accident occurred. The spokesperson claimed that the jury's finding was due to the judge's exclusion of key evidence.

The total amount that Ford has spent in settling this and other lawsuits related to rollovers of the Explorer is not known. However, people continue to be killed due to SUV rollovers, especially in models with inadequate roof strength.

If you have been seriously injured or lost a loved one in an accident you believe might be due to a dangerous defective automobile, the lawyers of The Cochran Firm's Jackson, Mississippi office may be able to help. To learn more, please schedule a free case evaluation with us today.

Consumer Advocates Call for Diet Drug Meridia Recall

2010-09-02T08:11:00.001-07:00

The final results of a recent study show that Abbott Laboratories diet drug Meridia increases the risk of heart attack and stroke in patients who are already suffering from heart disease. Consumer groups and others have asked that Meridia be pulled from the market over these risks.

A mid-September public hearing involving the Food and Drug Administration was to be held over whether further action should be taken on the drug after it was withdrawn from the European market. Late in 2009, editors at the New England Journal of Medicine were calling Meridia flawed and wondering why it was still on the market.

While this was going on, the FDA strengthened the language in the drug's warning that patients with pre-existing cardiovascular disease may be at an increased risk, and then called for a public meeting. However, some say that existing data about Meridia shows it should have been pulled from the market as early as 2002. Public Citizen's Health Research Group Director Sidney Wolfe says inaction on this makes it appear the FDA cannot move on drugs that have serious health risks.

Abbott says that two of every three people in the US are overweight or obese and that Meridia should still be used, just not by people with heart disease.

If you or a loved one has suffered dangerous side effects from Meridia, please contact the experienced pharmaceutical litigation attorneys at the Cochran Firm. We serve clients nationwide.

J & J Initiates Recall of Hip Replacements

2010-09-01T08:10:00.000-07:00

Finally responding to concerns that had been voiced by doctors, industry experts, and the FDA and other regulatory agencies, Johnson & Johnson last week initiated a recall of hip implants manufactured by its DePuy division. The recall was initiated because data compiled by the National Joint Registry (NJR) of England and Wales showed that the joint replacements caused higher-than-expected rates for revision surgery.

The two affected products are the ASR XL Acetabular system and the ASR Hip Resurfacing System. The ASR Hip Resurfacing system replaces the socket in the hip with a metal cup and places a metal cap over the ball of the femur. The ASR XL system has three components. A shaft or stem is placed inside the femur. The stem is connected to a ball. This ball is inserted into the metal cup.

The recall comes only after the company had decided to phase out the implant in 2010 due to slowing sales. In December 2009, the device was withdrawn from the market in Australia as a defective medical device, after the director of that country's implant database, Dr. Steven Graves, pointed out that it had a higher failure rate than competitor's devices. In response to the withdrawal, Dr. Graves said, "It's way too late." However, DePuy did not initiate a worldwide recall at that time. Instead, it waited until the NJR data confirmed what the Australian data showed. The NJR data showed that 12-13% of the implants failed within five years, instead of lasting fifteen years as they are supposed to.

Early failure is not the only problem with the ASR implants. They belong to a class of implants that are described as metal-on-metal implants because both components in the joint are metal. Following implantation, the action of the joints can lead them to wear quickly, shedding metal fragments. These fragments can touch off inflammatory reactions, cause extreme pain, and lead to a loss of both soft tissue and bone around the implant. When this occurs, patients may suffer lasting pain and other complications even after the implant is replaced. In fact, one study showed that more than half of people who underwent revision surgery for metal-on-metal implants had to undergo at least one re-revision surgery. Some doctors have also raised the potential of long-term toxicity of these heavy metal fragments that make their way into the blood stream (including chromium and cobalt, which are known to be toxic).

Metal-on-metal implants in general and the ASR in particular are an example of doctors and industry experts rushing in to use a device that seems like a great idea before examining the full range of consequences, putting thousands of people's lives at risk in a great gamble. If you or a loved one lost and suffered serious injury as a result of the ASR implant, you may be able to receive compensation. The Cochran Firm stands ready not only to fight for you, but to send a definitive message to doctors and manufacturers that gambling with health of patients is unacceptable. Please contact us today for a free case evaluation.

Car Accidents: Taking Issue with the IIHS

2010-08-31T11:23:00.001-07:00

The Insurance Institute for Highway Safety (IIHS) is one of the most well-respected voices in striving to reduce car accident injuries and deaths. The organization, which crash-tests and rates vehicles, has arguably done more to ensure the safety of every one of us on the road than any other non-governmental organization. However, in its most recent Status Report (August 21, 2010), it focuses on misplaced criticism of the National Highway Traffic Safety Administration (NHTSA) and others. The IIHS claims that putting emphasis on defective automobiles as in the Toyota recalls, defective equipment such as faulty tires, or on cell phones as a cause of distracted driving, the NHTSA, personal injury lawyers, and the general public are missing many opportunities to help make people safer on the road. But in this the Institute both overestimates the impact of some changes and ignores the potential benefits resulting from the efforts of NHTSA and others.

For example, it says, speeding is a factor in about one-third of all fatal crashes. Therefore, policy emphasis should be on reducing speed limits and increasing enforcement with roadside cameras to catch violators. In its alarmist report on speed limits, it notes that since control of speed limits was passed back to the states in 1995, speed limits have risen on rural and urban highways. However, its own data notes that speed limits are only roughly correlated with actual average speeds, as shown in the following graph comparing the speed limit with actual speeds traveled in or around seven or eight metropolitan areas:

Looking at this data, it's clear that while there is a general correlation between posted speed limits and average vehicle speed, lowering the speed limit does not necessarily lead to slower vehicle speeds. Instead, it is more likely the local driving habits have the biggest impact on speed. Compare, for example, Denver and Boston. In Boston, IIHS reports the speed limits as 65 for rural highways, 55 for urban highways, and 45 for arterial roads, while the average vehicle speeds are 67, 62, and 62, respectively. In Denver, the speed limits are 75, 55, and 40, while the average vehicle speeds are 70, 56, and 42. Bostonians, it seems, are more likely to drive in the 60s--regardless of the posted speed limit-- than Denverites, who seem to pay more attention to posted speed limits.

The IIHS also took aim at the NHTSA's campaign against distracted driving. It cited data that laws against cell phone use while driving reduce cell phone use, but not accidents. While cell phone laws enacted by many states may be ineffective, the NHTSA's campaign, it should be noted, focuses on all forms of distracted driving, not just cell phones or texting.

Finally, the main point that the IIHS neglects in its report is to note that, despite rising speed limits, cell phones, and other factors, the number of auto accident deaths in this country has dropped to its lowest level since recordkeeping began in the 1950s. This is due in part to the IIHS. But we should also not neglect the tireless efforts of the NHTSA in getting people to use seatbelts and avoid cell phone use, as well as the efforts of personal injury lawyers in highlighting defective roadways, vehicles, and equipment that lead to needless deaths.

If you have lost a loved one in a fatal car accident, the lawyer of The Cochran Firm stand ready to help highlight the cause of the accident, and, if possible, save other families from suffering a similar tragedy. Please call or email us today for a free initial case evaluation.

Boating Accidents in Mobile, Alabama

2010-08-31T08:39:00.000-07:00

Recreational boating is a favorite pastime in Alabama for families and friends where fishing, exploring marine life or leisurely cruising the waterways can be a relaxing change of pace from hectic daily lives.

However, boating activities can result in serious injuries, property damage and even wrongful death due to the careless or reckless behavior of inexperienced or inattentive operators who use excessive speed or operate the boat while intoxicated or both. Thousands of people are needlessly injured or killed in boating accidents every year throughout the United States due to reckless and careless behaviors. Over 50% of all boating accidents can be attributed to the consumption of alcohol.

If a boating accident results in property damage, bodily injuries or fatalities you need to consult the experienced boating accident attorneys at The Cochran Firm to be advised of your legal rights under Alabama law. Our boating accident attorneys are very knowledgeable in the field of maritime law and are familiar with the complicated legal issues involving boating accidents and will be able to guide you through the legal process while protecting your legal rights.

If you live in the Mobile, Alabama area and you have been involved in a boating accident that resulted in property damage, injuries or deaths, please contact the experienced boating accident attorneys at The Cochran Firm today to learn how to proceed to protect your legal rights.

Zicam Cold Remedy Side Effects in Minneapolis, Minnesota

2010-08-30T08:37:00.000-07:00

Zicam nasal cold remedies have robbed many consumers of their sense of smell and the ability to taste. This medical condition known as anosmia, is related to the presence of zinc gluconate in Zicam nasal cold remedies including Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs, and Zicam Cold Remedy Nasal Swabs for Kids.

Matrixx Initiatives, Inc. the maker of these cold remedies has had to remove Zicam Nasal Cold Remedy products from the market because of their link to anosmia. Anosmia is nothing to sniff at and in reality it can be quite devastating for those afflicted with this medical condition.

A person's ability to smell and taste heightens their awareness of the dangers of fires, poisonous fumes, leaking gas and tainted food and beverages. The loss of the sense of smell can be life threatening and leave individuals vulnerable to depression and other emotional disorders as well.

The defective pharmaceutical attorneys at The Cochran Firm understand the enormous pain and suffering inflicted on Zicam cold remedy asnomia victims and will fight to make certain our clients receive the justice and financial compensation they deserve for the injuries they have suffered.

If you live in the Minneapolis, Minnesota area and have lost your sense of smell and the ability to taste after using Zicam cold remedy products, please contact the defective pharmaceutical attorneys at The Cochran Firm today.

Seroquel Tied to Dangerous Off-Label Side Effects for Vets

2010-08-30T08:20:00.001-07:00

Thousands of soldiers returning from Afghanistan and Iraq and suffering from PTSD have been given Seroquel, a powerful anti-psychotic. However, several of these vets have died while taking Seroquel, leading to questions from the families about the drug's risks. It is the nation's fifth best selling drug and the families claim the government is not being upfront about the dangers. They are asking for Congress to investigate.

Because many of the vets return unable to sleep, are constantly restless, and suffer from nightmares, they are prescribed a regimen of drugs, including Seroquel. One solder whose nightmares did not cease was given an increasingly large dose, until he was taking more than 1600 milligrams a day. This is more than double the maximum dosage recommended for schizophrenics. The soldier died in his sleep after taking the medication. Investigators at the Veterans Affairs Department ruled that he died of a rare drug interaction because he was also taking an antidepressant and an anti-anxiety medication.

However, using Seroquel as a sleep aid has not been approved by the FDA. It is only approved to treat schizophrenia, depression and bipolar disorder. Still, it is commonly used by psychiatrists for off-label conditions, like insomnia.

Seroquel's side effects are well-known and extremely dangerous. They include:

Diabetes
Weight gain
Muscle spasms
Sudden heart failure

According to a study that appeared in the January 2009 edition of New England Journal of Medicine, there were three cardiac deaths per year for every 1000 patients taking anti-psychotics like Seroquel.

AstraZeneca PLC, maker of the drug, is reviewing the study. They are also facing thousands of lawsuits tied to Seroquel's dangerous side effects.

If you or a loved one has suffered side effects from Seroquel, please contact the experienced pharmaceutical liability attorneys at the Cochran Firm for an initial consultation. We serve clients nationwide.

Zicam Cold Remedy Defects in Miami, Florida

2010-08-29T08:35:00.000-07:00

Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs and Zicam Cold Remedy Nasal Swabs for Kids were withdrawn from store shelves by their manufacturer after a warning from the Food and Drug Administration (FDA) said there were reports of consumers losing their sense of smell after using this product.

Although the manufacturer of Zicam, Matrixx Initiatives, Inc. recalled these products from store shelves, they have denied any link between Zicam and anosmia. A researcher has discovered scientific evidence that nasal cold remedies containing zinc may indeed cause a loss of the sense of smell, known as anosmia in the medical community.

It is estimated that over two million Americans suffer from this disorder which can have serious consequences. Anosmia can inhibit an individual’s ability to detect serious threats to their health and well-being such as gas leaks, fires, poisonous fumes or spoiled food products. The loss of the sense of smell can effect a person’s ability to earn a living as well.

If you live in the Miami, Florida area and you or someone you love has lost their sense of smell after using Zicam Cold Remedy products, please contact the defective pharmaceutical attorneys at The Cochran Firm today to schedule a confidential consultation to learn how to proceed to protect your legal rights and get the financial compensation you deserve for the injury you have suffered.

Automobile Accidents in Metairie, Louisiana

2010-08-28T08:34:00.000-07:00

Automobile accidents and the serious injuries and deaths they cause can change your life and the lives of those you love forever in one chaotic moment. Victims of automobile accidents suffer pain and disfigurement and often need extensive medical care and treatment and are unable to work for long periods of time or may become disabled for life.

Automobile accidents can happen because of driver carelessness, defects in the car design, hazardous road or weather conditions and various other factors. You may have suffered a whiplash injury or an injury to your spinal cord, a broken leg or even lost a limb.

Automobile accident victims in Louisiana are allowed to name an insurance company in a lawsuit because Louisiana is a "direct action" state. The ability to name an insurance company in a lawsuit is very helpful to the injured party because it tells a judge or jury that there is insurance to cover the damages. Louisiana also has a one year statute of limitations for filing an automobile accident claim.
The Louisiana automobile accident attorneys at The Cochran Firm will fully investigate your claim and also understand your need to get your medical bills paid and the loss of your income financially compensated.

If you live in Metairie, Louisiana or the surrounding area, and you or someone you love was injured or killed in an automobile accident, please contact the experienced automobile accident attorneys at The Cochran Firm today.

Bus Accident Injures 7 Students

2010-08-27T10:11:00.000-07:00

Seven elementary school students, a student aid, and their bus driver were injured in a bus accident in Ohio Wednesday afternoon. The accident occurred when a semi-truck drove through a traffic light, colliding with the bus.

Many of the injured children were special needs students. The bus was taking the students back from classes when the bus accident occurred. The injured students, bus driver, and student aid were taken to the Fulton County Health Care Center for treatment.

The truck driver was injured as well. He was flown by helicopter to a hospital in Toledo for treatment. While the bus accident is still under investigation, police believe the accident was caused by the truck driver’s failure to stop at a traffic light.

The bus driver reportedly has a clean record and is an excellent driver. After the accident, his primary concern was the safety of the students in his charge. According to police, the aid and students trained to handle emergency situations acted appropriately during the accident.

If your children have been injured in a bus accident, please contact the experienced bus accident attorneys at The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.

Nursing Home Abuse and Neglect in Memphis, Tennessee

2010-08-27T08:32:00.000-07:00

Tennessee law requires a criminal background investigation for all nursing home staff, but staffing shortages and budget issues have meant that nursing home abuse and neglect is still a danger in nursing homes across the state.

In nursing homes throughout the state of Tennessee, the factors that contribute to the abuse and neglect of residents of nursing homes include unqualified and inadequately trained staff, staff with a history of violent behavior, understaffing, isolation of the residents, and the reluctance of the residents to report any abuse out of fear of retaliation.

Specific indicators of nursing home abuse and neglect are bedsores and skin ulcers, chronic infections, medication dispensing errors, broken bones, sexual abuse, financial exploitation of the resident and the failure to provide adequate water, food and personal services.

Even though state resources try to address nursing home abuse and neglect, a Tennessee nursing home abuse lawyer at The Cochran Firm can advise and guide you as you seek monetary compensation for the pain and suffering your elderly loved one may have endured.

If you live in the Memphis, Tennessee area and someone you love has suffered nursing home abuse and neglect, please contact the nursing home abuse and neglect attorneys at The Cochran Firm today to make certain this abuse stops and your loved one gets the financial compensation they deserve for what they have suffered.

Slip and Fall Accidents in Los Angeles, California

2010-08-26T08:31:00.000-07:00

A slip and fall accident is a term used to describe an accident in which a person is injured by slipping and falling on someone else’s property. Property owners such as businesses of all kinds, theaters, restaurants and others are obligated by law to provide a safe environment for their customers. Anything that could cause someone to slip and fall must be removed or clearly marked if it cannot be removed. The failure to take cautionary measures makes the property owner liable for legal action in the case of a slip and fall accident.

Common causes of slip and fall accidents involve wet and slippery floors, cracked cement in a sidewalk, and poorly lit stairways. The victim of a slip and fall accident may sustain only scrapes and bruises or suffer a traumatic brain injury that results in death.

The slip and fall accident attorneys at The Cochran Firm have extensive experience in handling slip and fall accidents in the Los Angeles area and have been very successful in securing financial compensation for their injured clients for their present and future medical bills, rehabilitation expenses, income losses and their pain and suffering.

Please contact the experienced slip and fall accident attorneys at The Cochran Firm in Los Angeles, California today if you or someone you care about has been injured in a slip and fall accident and learn how to proceed to protect your legal rights.

Two Egg Brands Added to Recall List

2010-08-26T07:57:00.001-07:00

Wright County Egg, the Iowa company responsible for almost all of the eggs recalled because of salmonella, has announced that Cardenas Market stores in California and Nevada contain tainted eggs as well. Cardenas was notified at the time of the original recall and began quarantining, destroying, and returning eggs in the stores and distribution centers that may have been infected.

Cardenas Market eggs are labeled with plant number 1026, and have Julian dates ranging from 136 to 228. The eggs come packaged in cases of 60 and are overwrapped in plastic.

Trafficanda Egg Ranch brand eggs distributed to stores throughout California has also announced cases of salmonella linked to its Wright County supplied eggs. Trafficanda eggs are in 12 egg cartons, 20 egg over-wrapped packages and 60 egg over-wrapped packages. Plant numbers 1026, 1413, 1720, 1942, and 1946, and Julian dates ranging from 136 to 229 are on the packages.

Earliest Salmonella Cases

The earliest cases of salmonella linked to this outbreak may have occurred as far back as May 28 and 29 in California. Several people became sick after attending a prom or graduation party in Santa Clara County. Clusters of salmonella began popping up throughout California, as well as 22 other states, in June and July.

People across the country continue to be wary of what eggs are on the shelves as well as in their refrigerators. Salmonella can be deadly for some, but generally "only" sickens people for several days. Nausea, cramps, vomiting, and diarrhea are the symptoms.

If you or a loved one has become sick with salmonella from eating tainted eggs, please contact the experienced defective product attorneys at the Cochran Firm. We serve clients nationwide.

NHTSA Launches Safety Probe of 3 Million Jeep Grand Cherokees

2010-08-25T14:44:00.001-07:00

The National Highway Traffic Safety Administration (NHTSA) has launched an investigation into the safety of gas tanks on 3 million Jeep Grand Cherokees manufactured between 1993 and 2004. The safety probe was initiated in response to a petition from the Center for Auto Safety (CAS) which claims the Jeep Grand Cherokees in question have defective gas tanks that may pose a fire danger in the event of an auto accident.

According to CAS, the plastic gas tank on 1993-2004 Jeep Grand Cherokees is placed behind the rear axle and below the bumper, creating a serious risk of a rupture in the event of a rear-impact collision. Furthermore, the gas tanks lacked adequate shielding.

There have been 172 fires associated with Jeep Grand Cherokee auto accidents. These fires resulted in 254 fatalities. However, the federal reports providing this data did not specifically indicate that the defective fuel tanks were responsible for the fires.

As part of the safety probe, the NHTSA reviewed records dating back to 1992 and found 10 auto accidents which might have been impacted by the defective gas tanks. These accidents led to 13 fatalities.

It is important to note that while the safety of these vehicles is under investigation, no recall his been initiated as of yet. If your auto accident injuries were exacerbated by these defective autos, you may be entitled to receive compensation for your damages.

Please contact the defective auto attorneys at The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.

Premises Liability in Washington, D.C.

2010-08-25T08:51:00.000-07:00

Premises liability refers to a legal situation where someone is injured on property owned or maintained by someone else.

Property owners have a legal obligation to maintain their premises in a realistically safe manner. That means sidewalks and stairways should be free of snow and ice and in good repair, carpets and floors should be free of hazards such as tears and spills to discourage falls and the premises should be secured from possible criminal activities.

If an injury occurs on someone else’s property due to negligence, the owners or those responsible for the maintenance of the property can be held legally liable for that injury. Premises liability can involve falls on slippery floors, dog bites, swimming pool accidents, criminal assaults and injuries sustained in a fire.

If you or someone you care about has suffered an injury due to someone else’s negligence, the experienced premises liability attorneys at The Cochran Firm can evaluate your case and determine how to go forward with your claim to recover financial compensation for your medical expenses, lost wages, rehabilitation costs and your pain and suffering.

If you have been injured on someone else’s property in the Washington, D.C. area please contact the experienced premises liability attorneys at The Cochran Firm today to learn how to protect your legal rights and get the financial compensation you deserve.

Automobile Accidents in Las Vegas, Nevada

2010-08-25T08:30:00.000-07:00

In the aftermath of an unexpected automobile accident in Las Vegas, whether you are one of the forty million visitors to Las Vegas every year or a resident, you are often confused, hurt and do not know what to do next.

Being involved in an automobile accident can happen to anyone; even the most careful and law-abiding drivers are not immune to being in a collision that is no fault of their own. The experienced automobile accident attorneys at The Cochran Firm are here to help you cope with the aftermath of an automobile accident that can leave you injured both physically and psychologically and financially devastated and overwhelmed.

It is essential to have an experienced automobile accident attorney who is licensed in the state of Nevada if you are visiting from another state and are involved in an automobile accident in Las Vegas or the surrounding area. You need a Las Vegas attorney familiar with Nevada state laws to battle the insurance companies that routinely deny or delay legitimate automobile accident claims or just refuse to honor a valid claim.

If you live in Las Vegas, Nevada or are visiting Las Vegas and you were involved in an automobile accident, please contact the experienced automobile accident attorneys at The Cochran Firm today to get the assistance you need to protect your legal rights.

Wyeth v. Levine Breathing New Life into Drug Negligence Cases

2010-08-24T15:25:00.001-07:00

In 1996, Wyeth brought to market a weight-loss drug called Redux. Within less than 2 years, the drug was pulled from the market because it led to significantly elevated risks of pulmonary hypertension. Pulmonary hypertension, elevated blood pressure in the arteries of the lungs that forces the heart to work harder, can lead to progressive heart failure and death. After the drug was approved, a number of people who suffered this serious adverse side effect pursued lawsuits to get compensation on the basis of state laws.

The family of one woman who died of pulmonary hypertension after taking Redux attempted to pursue a pharmaceutical injury lawsuit alleging that Wyeth was negligent for marketing the drug at all. The lawsuit was stopped in 2008 when the judge in Cleveland gave summary judgment to Wyeth because he believed that federal law pre-empted state-based claims of negligence. The judge said that, by approving the drug, the FDA essentially gave its manufacturer and marketer a free pass. This argument is the one most commonly pursued by drug companies.

However, since the ruling in Wyeth v. Levine, drug lawsuits all across the country are being revived by a commonsense recognition that just because the FDA is supposed to stop dangerous drugs from being marketed, its approval does not absolve drug companies from responsibility if the products they market are dangerous. For example, a major case about anti-acne drug Accutane was reversed in reference to this groundbreaking decision.

And last week, the United States District Court of Appeals for the Sixth Circuit also revived this case against Redux. The Court decided that the lawsuit, brought by her estate, can proceed. This decision came over the arguments by Pfizer (who now owns Wyeth) that Wyeth v. Levine applied only to failure-to-warn lawsuits and not to strict negligence lawsuits.

Although it is impossible to know how the drug lawsuit will play out, it seems hard to ignore that Wyeth must have known what it was getting into with Redux. During the pre-approval hearings, its experts claimed that the drug had a "very favorable safety profile," but studies had shown that the drug caused at least a ninefold increase in the rate of pulmonary hypertension. After approval for short-term use in France, the drug resulted in about 20 percent of that country's pulmonary hypertension cases. Continuing to pursue marketing for a drug knowing that it posed that level of threat definitely seems to constitute negligence.

If you or a loved one has suffered serious injury as a result of taking a pharmaceutical drug, you may be able to receive compensation for your injuries, even if a previous court decision has dismissed your claim. The Cochran Firm is prepared to fight for all victims of pharmaceutical drug injury, and may be able to help you. To learn more, please contact us today for a free initial case evaluation.