Author Archives: Avery

3 Most Common Personal Injury Cases

It is common to worry about the worst that a day may bring. Nobody ever wakes up in the morning and expects an accident to befall upon them. So, you may be wondering as to what the most common kinds of accidents are so that you may avoid them. Currently, the most common kind of personal injury case is related to automobiles. Thousands of automobile accidents happen every single day in the United States alone. While some accidents may not be quite as dire as others – a bent bumper, after all, would preferable to permanent paralysis – these are circumstances that happen only all too often. However, no matter how safely you drive, it is not always up to you because you cannot be in control of the recklessness of others. It then becomes the responsibility of the wrongful party to be accountable to the consequences that their actions have made. The second most common kind of personal injury case is that regarding public or privately owned property is premises liability. For example, if uneven flooring or unlabeled wet floors can cause ‘slip and fall’ incidents and, when severe enough, can cause significant personal injury situations such as traumatic brain injury or even spinal cord injury. It is the responsibility of the owner of the property to ensure that all who may enter are in Next up in the list of most common personal injury cases are those concerning medical malpractice. Those who are professionals in the medical field need to submit themselves to a certain standard of care in order to properly treat their patients. If the medical professional has shown negligence in their treatment of their patient then that is grounds for personal injury. Even something as seemingly infinitesimal such as an incorrect diagnosis could cost a person so much in terms of grief, agony, and also the cost. Therefore, it is necessary to hold even these professionals responsible for the mistakes that they committed, whether they intended to cause harm or not.

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Questionable History of the Bard IVC Filter

Bard G2 IVC Filters have been linked to countless health complications. The cage-like device, meant to prevent pulmonary embolism, is implanted into the interior vena cava and is meant to stop the migration of blood clots into the lungs, according to the website of Habush Habush Rottier. However, the history behind the device and the company, C.R. Bard, has been littered with controversy and 921 FDA reports of complications linked to the device.

C.R. Bard released an earlier filter model known as the Recovery IVC Filter in 2003. However, as reports of fracture and migration of the device began to surface, C.R. Bard replaced the device with the Bard G2 IVC Filter. The company claimed the device had less of a risk of migrating and fracturing into other parts of the body, but still reports of the same deadly health complications began to occur. Many accused Bard of knowing of the risks and failing to properly warn patients or recall the product. It is suspected that as early as 2003, Bard’s own tests showed the deadly risks of their device. Although there are numerous accounts of C.R. Bard being aware of the dangers of their devices, no action was taken.

When the devices become fractured or lodged into other major organs in the body, individuals can experience deadly complications such as perforation of the lungs or strokes. Patients may seek to have the device removed, but many times surgically removing the filter and its parts from a patient can be too risky for a doctor to perform, leaving a victim with these life-threatening problems. Even after these risks became apparent, the Bard Company continued to market the device to doctors and hospitals. Now, as lawsuits continue to pile up against the company, it is clear that the Bard G2 IVC Filter has proven devastating for many individuals implanted with the device.

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Acts of Abuse and Neglect in Nursing Homes

About 90% of nursing home facilities do not have enough number of qualified nurses and personnel needed to ensure provision of sufficient, quality care necessitated by residents: elders, usually those aged 65 and above; people who are ill and in need of rehabilitative therapy; physically or mentally incapacitated individuals; and, those in need of extra care, such as patients suffering from Alzheimer’s disease. If this is a factual case, then this will be great injustice against residents, who have been accepted and promised round-the-clock medical care and assistance even in the performance of the most basic daily tasks, which include eating, bathing, dressing, toileting and so forth.

As of May 2014 the total number of certified nursing home facilities in the US is 16,100, while the number of residents total to about 1.5 million. Despite the existence of thousands of nursing homes all across the nation, many are hesitant to send a beloved member of their family to one due to news of widespread cases of neglect and abuse which cause in residents physical injuries, humiliation, emotional trauma, self-pity, hatred, despair, etc.

Nursing homes guarantee provision of the highest level of care for older Americans. Now, with fees ranging between $3,000 and $10,000 a month (this depends on the type of facility, the services required, cost of labor), it is only necessary that these facilities provide what they say they will provide.

Beneath the friendly and warm welcome to arriving residents (who are accompanied by their family), though, is just the beginning of what could be a traumatic and painful experience: a fact, by the way, in many nursing homes where emotional, physical, financial and sexual abuses and many forms of neglect are committed by the employees themselves or by the victim’s co-residents, but who are only coerced by, again, the employees.

Some examples of acts of neglect that residents are made to suffer include failure to provide hygienic care, delay in treating or non-treatment bedsores, failure to provide needed medical care or attention, being denied of food, delay is providing needed assistance, and so forth.

Many Louisville nursing home residents, despite the pains they may be going through, rather decide to remain silent. And many of those who resorted to silent reached their breaking point and just decided that they can neither handle nor accepts things anymore.

It is important that family member become sensitive to changes in their loved ones who have been in a nursing home (regardless of length of time). Often, their silence will tell much more about their sufferings in the hands of their abusers. With even just a faint hint of abuse, it may be necessary to consult with a seasoned nursing home malpractice attorney who will definitely know how to interpret signs in elders, what to ask and what others signs to look for which will confirm acts of abuse.

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What is Dam Inundation?

One of the six hazards required in the standardized Natural Hazards Disclosure (NHD) Statement in California is dam inundation. The NHD Statement is required in real estate transactions to protect buyers from inadvertently buying property without realizing the risks they are taking. The NHD Statement is a separate requirement from other standard disclosures, and mandated under the Natural Hazards Disclosure Act (California Civil Code § 1103).

Dam inundation occurs when a dam fails and the water it contains is dumped abruptly into certain areas of a region. This can lead to catastrophic loss of property and lives, more so than regular flooding because the volume and surge of water is much more. Certain locations are particularly vulnerable to flooding when a dam breaks, i.e. low-lying areas are known as inundation areas.

Dams are built precisely to protect regions near large bodies of water from flooding. However, it can fail due to structural weaknesses, improper maintenance, or a combination of the two. A dam may also hold steady but the amount of rainfall may simply be more than the dam is designed to handle. The results will be the same; sudden and major flooding.

Cities in California where dams are near populated areas have maps that follow the lay of the land to identify inundation areas. During particularly heavy rainfall when dam inundation appears imminent, people in the inundation areas may be evacuated just in case. In California, the California Governor’s Office of Emergency Services has the Cal OES Dam Safety Program, which guides and assists local officials on implementing emergency measures in case of a dam failure, coordinates with the California Division of Safety of Dams as well as concerned federal and state agencies, and collects and updates information for dam inundation maps. These maps serve as the basis for NHD Statements.

If you are selling property in California, you will be required to state if the property is in a designated dam inundation area. Contact a disclosure company in your area for quick and easy access to a natural hazard report.

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Degrees of Burn Injuries

Burn injuries can occur in a variety of ways, from incidents at home to more serious explosions in the workplace. Common ways an individual could receive a burn would be through scalding hot liquid, open flame exposure, or excessive sun exposure. Chemical and electrical burns require immediate medical attention.

First-degree burns, or superficial burns, are the least severe type. These usually result in redness and irritation of the skin. There may be minor inflammation and pain, but the injury is confined to the outer most layer of skin. These wounds heal within 3-6 days, usually accompanied by dry or peeling skin. These are the most frequent types of burns.

Second-degree burns are more serious and reach deeper than the epidermis. Blisters and sores often form in addition to the redness and irritation of a first-degree burn. Sometimes the sores will pop and cause the skin to look wet. These types of injuries require bandaging and frequent changing of these bandages to promote proper healing. The healing process can take upwards of three weeks and result in scarring.

Burn injuries generally refer to third-degree burns, the most severe type. These burns infiltrate through the skin and can affect the bloodstream, major organs, and bones. The extensive damage these types of burns cause often lead to there being little to no pain because of the loss of nerve function. Skin can look waxy, white, charred, dark brown, raised, or even leathery. Third-degree burns have a longer recovery time.

Burn injuries can cause severe physical, emotional, and psychological pain. Many burn injuries are work related or due to the negligent activities of another party. If you or a loved one is suffering from a burn injury due to a negligent party, consult an attorney in your state to discuss your legal options.

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Dog Owners Responsibilities on Dog Bites

Personal injury claims regarding dog bites may depend on the state you are living in, and what laws they follow. There are generally two types of laws when it comes to dog bites: the “one bite” and strict liability. When filing a personal injury claim, consult with a lawyer first to determine the extent of the damage and know which laws apply in your state and situation. Failure to do so may only waste time and money on your part.

If you are in Nashville, Tennessee, you may be in luck when you have been a victim of a dog bite. Laws in the state make dog owners liable for injuries or damage that their pets cause, notwithstanding the animals’ past behavior. The law states that anyone who has been bitten by a dog in a place where they have legal right to be can hold the dog owner responsible for the injury caused by their pet. However, the law further specifies that the dog owner shall be held liable if the injury occurred in the property that the dog owner owned or controlled, or if the victim was in the area but was bitten outside the property after being chased by the dog.

There are defenses that the dog owner can use to protect their rights and content their side, therefore it helps to have a lawyer help you make a personal injury claim. Because dog bite statues differ, as there others that specifically apply to dog bites only while others apply to other types of animals, it is vital to understand how the state’s law will work on your case. If you have employed the help of a personal injury lawyer for your dog bite claim, it would be easier to win the case due to the present evidence. Oftentimes, the defendant also prefers to settle the case outside of court.

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Tetrising: Vernacular for Fitting Loads in a Package

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Here at Loads More Stuff, we always appreciate new ways to fit LOADS of stuff into small small space. We’re happy to learn a new word to describe the act of strategically stuffing luggage to capacity.

tetrisIf you’ve ever played one of the myriad incarnations of Russian-made puzzle video game Tetris, you’ll jump on the chance to incorporate this into your vocabulary: Tetrising.In Tetris, your goal is to fit blocks into rows. Each complete row is deleted and points are granted based on the number of rows cleared at once, with the most possible at once being four.

“Tetrising” is a verb used to describe the effort put into fitting many things perfectly into place, much like you would while playing the game. It’s an incredibly apt description of what’s at play when a you’re trying to squeeze every last square inch out of a suitcase.

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Da Vinci’s Safety Record is “Exemplary,” Intuitive Says

“The ‘Apple’ of the medtech sector.” This is how Suraj Kalia, a Northland Capital analyst, described Intuitive Surgical’s robot, the da Vinci Surgical System. Intuitive believes that the robot is the answer to some of the inadequacies of open surgery, such as fast recovery and fewer blood losses.

Since its release in the year 2000, sale of the robot, which costs $1.5 million each, has continued to increase, while surgeries where it has been used has already climbed to 450,000 last year. Though doctors, who are seated a few feet away from the patient as they operate the robot through the use of consoles, miss that tactile feel (actual feeling the tissues in their hands during surgery), the enlarged 3-D and clear vision, without the pool of blood, compensates for everything.

Despite the growing concerns about the robot’s safety and the reported adverse events involving it, surgeons, worldwide, agree that, in the hands of well-trained or well-experienced surgeon, the machine is generally safe. Intuitive even stated that the robot’s safety record is unquestionably “exemplary,” considering the millions of yearly surgical procedures where it is used.

Nevertheless, some people have sustained severe injuries at the hands of inexperienced or ill-trained da Vinci operators. If you or someone you know has been hurt because of a robotic surgery mistake, you may be able to hold the responsible party accountable through a lawsuit.

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Slight Improvement on Bayer’s Situation with Yaz and Yasmin Litigation

A German drug manufacturer has been hit hard with thousands of lawsuits for its defective birth control product, but the situation is improving as the number of complaints taper off.

Bayer has been the focus of more than 13,000 lawsuits filed by users of oral contraceptive products Yaz and Yasmin, which contains drospirenone, a synthetic hormone, in combination with ethinyl estradiol. It has also been used “off-label” to prevent acne and some forms of severe premenstrual syndrome.

Numerous studies indicate that drospirenone increases the risk for developing blood clots by as much as 74%, which in turn can induce strokes, deep vein thrombosis or pulmonary embolism. This was confirmed by a study conducted by the Food and Drug Administration in 2011. Use of the drug declined sharply when the findings were published even as the number of lawsuits increased.

Recently, however, it seems that the influx of new cases is finally slowing down, although the company is still busy coping with existing litigation. This is good news for the beleaguered pharmaceutical company. On average, Bayer paid out $207,000 per case in settlements, for a total of more than $1.4 Billion.

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Avoiding a Record with the Right Criminal Defense/DUI Defense

Sometimes you can get carried away when you are out having a good time with friends or celebrating a momentous occasion, and forget about the sober driving rule. Whether you are driving under the influence of alcohol or marijuana, if you get caught you will need to get the right kind of legal representation to mount a criminal or DUI defense.

Even if you are not a habitual offender, once you have a record for DUI, you will be barred from many opportunities including certain occupations in both the private and public sector. You will also most likely face jail time and/or fines. In Illinois, according to an article from the Bruno Law Offices website, a first offense can land you in jail for as much as a year and a fine of up to $2,500. If you injure someone as well, you may be facing jail time of up to 3 years and a fine of as much as $10,000. These are pretty steep prices for a night out on the town.

The consequences are also severe for those arrested for marijuana possession whether behind the wheel or not in California, unless it is medically prescribed. An article from the website of Nashville criminal lawyers at Horst Law, states that the penalties for just being in possession of more than one ounce of marijuana is fine of up to $500 and 6 months in jail. It will not matter if you are not actually using it; possession is enough. If you are caught with it in a school zone, the penalties are even more severe.

To avoid getting a record for drunk driving or marijuana possession, you need to mount a criminal defense at once. If arrested for either of these offenses, say nothing and get in touch with a lawyer with the experience and knowledge to provide you with the best possible defense based on the circumstances of your arrest.

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