Denver Personal Injury Attorneys and Counselors at Law

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Limits on “pain and suffering” unconstitutional

Georgia is the latest state to rule that limits on pain and suffering damages in medical malpractice are unconstitutional. Supreme Court Judge, Chief Justice Carol Hunstein agreed that imposing statutory limits on non-economic damages were unconditional and raised serious concerns regarding governmental separation powers. The ruling is good news for the people of Georgia, and a victory for supporters of an individual's right to trial by jury. In February 2010, the Illinois Supreme Court reached a similar conclusion, also ruling a statute limiting damages in medical malpractice suits unconstitutional.

Posted by Scott J. Eldredge at 11:36 AM | Permalink | Comments (0) | TrackBacks (0)

Facebook, MySpace and Twitter in personal injury lawsuits

Individuals involved in a personal injury lawsuit, should resist the urge to post updates, pictures or videos on sites such as Facebook, MySpace or Twitter. While there are undoubted benefits to staying “connected” online, recent evidence suggests that insurance companies and other investigative agencies are monitoring social networking sites, complying information to defend or deny a plaintiff’s claim. Anyone currently involved in a personal injury lawsuit must take precautions to limit the amount of information a potential investigator can see. Be warned. What may seem like a harmless “tweet” or an innocuous blog could inadvertently jeopardize your claim. Further information regarding personal injury claims is available from the ‘Frequently Asked Questions” section of www.burgsimpson.com

Posted by Holly Baer Kammerer at 01:56 PM | Permalink | Comments (0) | TrackBacks (0)

Metal baseball bats linked to increased risk of brain injury

Following a life-threatening brain injury to a high school student, there have been renewed calls to ban metal bats in youth baseball. A 16-year-old pitcher from Marin County, California remains in a coma after he was struck by ball traveling at over 120 mph. According to experts, metal baseball bats enable players to hit the ball as much as 15 percent harder than with a more traditional wooden bat, substantially increasing the risk of serious personal injury or even wrongful death. It is not hard to see the appeal of lighter aluminum bats in youth baseball. They are easier to swing and subsequently give junior players a better opportunity to hit home runs. However, given that metal bats are outlawed in Major League Baseball, is it time for high school and amateur federations to also consider a ban?

Posted by Holly Baer Kammerer at 01:28 PM | Permalink | Comments (0) | TrackBacks (0)

Honda Recalls 410,000 Odyssey and Element Vehicles

Honda is to recall for more than 410,000 Odyssey and Element vehicles in the United States, manufactured between 2007-2008. 344,000 Odyssey and 68,000 Element vehicles require a modification to be made to the Vehicle Stability Assist™ (VSA®) modulator. The recall has been issued a precaution after Honda received complaints of break pedals that feel “soft” and instances of brake pedals that “get lower” to the floor before a vehicle stops. Customers recall notifications will be sent out at the end of April. In the meantime further information is available at www.recalls.honda.com

Posted by Seth A. Katz at 07:29 PM | Permalink | Comments (0) | TrackBacks (0)

-More than 1000 Yaz and Yasmin lawsuits filed

Bayer, one of the world’s largest drug manufacturers is facing more than 1000 lawsuits, filed by women injured as a result of taking the birth control drugs Yaz and Yasmin. Bayer is accused of failing to adequately warn women that taking the birth control drugs Yaz or Yasmin can significantly increase the risk of stroke, heart attack, deep vein thrombosis and pulmonary embolism.

Litigation involving Yaz and Yasmin has been recently consolidated into three geographical areas. Suits filed in the federal courts have been grouped together in a multi-district litigation suit and sent to the District Court for the Southern District of Illinois for the purpose of pretrial discovery. After discovery, many of these cases may be sent back to their home states for full trial. In New Jersey and Pennsylvania, Yaz and Yasmin lawsuits have been officially designated “mass torts” and assigned to Bergen County, Illinois, Judge Brian R. Martinotti and Philadelphia Common Pleas Judge, Sandra Mazer Moss respectively.

Posted by Seth A. Katz at 01:12 PM | Permalink | Comments (0) | TrackBacks (0)

Toyota Recall – New Figures Reveal an Increase in Related Deaths

The number of deaths as a result unintended acceleration in Toyota and Lexus vehicles has risen to 52. Revised figures released by The US National Highway Traffic Safety Administration prior to a hearing in the Senate on Tuesday March 2, 2010 represent a significant increase on previous estimates of up to 34 deaths. NHTSA also reports that of the 43 complaints it has received, regarding alleged accelerator defects with Toyota models, almost 75% have been received in the last four months – no doubt as a result of increased public awareness of the potential safety issues. Despite recalling more than six million vehicles in the United States since September 2009, Toyota remains under intense pressure to provide a better explanation for its slow response to the “crisis”, as well as robust assurances to consumers and law makers that design flaws leading to instances of involuntary acceleration have been fixed. With falling sales figures and details of an alleged breaking problem with some Prius models beginning to emerge, there seems no let up in the bad news facing Toyota.

Posted by Seth A. Katz at 06:42 PM | Permalink | Comments (0) | TrackBacks (0)

Unsafe Drugs: FDA vows to protect the American Consumer

The Principal Deputy Commissioner of Food and Drug Administration (FDA) today reaffirmed his agency’s commitment to protect the American people from unsafe or dangerous drugs. In his report to the House Subcommittee on Health Committee on Energy and Commerce, Dr Sharfstein announced that the FDA was seeking better controls to combat the threat of contamination and counterfeit drugs manufactured developing world. Dr Sharfstein explained to the House that the FDA was working close with foreign governments to ensure adherence to international standards and that the FDA had opened a number of field offices in China, India, Mexico, Costa Rica and Chile. Current estimates indicate that up to 40 percent of drugs used in the United States are imported and that 80 percent contain active ingredients made overseas. Between 2007-2008 hundreds of people died in the United States as a result of a contaminated supply of the blood thinner Heparin, manufactured in China.

Posted by Seth A. Katz at 06:34 PM | Permalink | Comments (0) | TrackBacks (0)

Medical malpractice lawsuits are not the to blame for spiraling health care costs

According to some “experts” medical malpractice lawsuits are responsible for pushing up the cost of health care, forcing doctors in to adopting “defensive medicine” – a practice of ordering unnecessary tests and procedures for fear of being sued. Some politicians and commentators have advocated capping the amount a plaintiff can receive for pain suffering and other jury awards. However on closer inspection, the theory just does not “add-up”. According to a 2009 Congressional Budget Office report, medical malpractice insurance premiums and court verdicts account for less than two percent of overall health care expenditures. Medical malpractice lawsuits are not the root cause of the problem. Unfairly limiting jury awards and reducing malpractice liability will have serious consequences for public safety and restrict the ability of individuals to hold negligent healthcare professionals to account. Is that really what we want?

Posted by Scott J. Eldredge at 01:30 PM | Permalink | Comments (0) | TrackBacks (0)

Toyota Recall – New Figures Reveal an Increase in Related Deaths

The number of deaths as a result unintended acceleration in Toyota and Lexus vehicles has risen to 52. Revised figures released by The US National Highway Traffic Safety Administration prior to a hearing in the Senate on Tuesday March 2, 2010 represent a significant increase on previous estimates of up to 34 deaths. NHTSA also reports that of the 43 complaints it has received, regarding alleged accelerator defects with Toyota models, almost 75% have been received in the last four months – no doubt as a result of increased public awareness of the potential safety issues. Despite recalling more than six million vehicles in the United States since September 2009, Toyota remains under intense pressure to provide a better explanation for its slow response to the “crisis”, as well as robust assurances to consumers and law makers that design flaws leading to instances of involuntary acceleration have been fixed. With falling sales figures and details of an alleged breaking problem with some Prius models beginning to emerge, there seems no let up in the bad news facing Toyota.

Posted by Seth A. Katz at 01:39 PM | Permalink | Comments (0) | TrackBacks (0)

Toyota Recall – Reports of Deaths and Injury Increase

The US National Highway Traffic Safety Administration (NHTSA) announced last week that the estimated number of fatalities and injuries allegedly involving unintended acceleration in Toyota vehicles had risen to 52. The figures, which were released prior to hearing in the Senate (Tuesday March 2, 2010), represented a significant increase on previous estimates of up to 34 deaths. NHTSA also reported that of the 43 complaints it had received, regarding alleged accelerator defects with Toyota models, almost 75% had been received in the last four months – no doubt as a result of increased public awareness of the potential safety issues. Despite recalling more than six million vehicles in the United States since September 2009, Toyota is still under intense pressure to provide a better explanation for its slow response to the “crisis”, as well as robust assurances to consumers and law makers that design flaws leading to instances of involuntary acceleration have been fixed. With February 2010 sales figures falling almost 9% for the month, there seems no let up in the bad news facing Toyota.

Posted by Seth A. Katz at 11:20 AM | Permalink | Comments (0) | TrackBacks (0)

April 2010

Categories

Archives

Recent Posts

March 30, 2010

Limits on “pain and suffering” unconstitutional

March 25, 2010

Facebook, MySpace and Twitter in personal injury lawsuits

March 24, 2010

Metal baseball bats linked to increased risk of brain injury

March 18, 2010

Honda Recalls 410,000 Odyssey and Element Vehicles

March 17, 2010

-More than 1000 Yaz and Yasmin lawsuits filed

March 13, 2010

Toyota Recall – New Figures Reveal an Increase in Related Deaths

Unsafe Drugs: FDA vows to protect the American Consumer

Medical malpractice lawsuits are not the to blame for spiraling health care costs

March 12, 2010

Toyota Recall – New Figures Reveal an Increase in Related Deaths

March 09, 2010

Toyota Recall – Reports of Deaths and Injury Increase

$5,350,000

$1,300,000

$690,000,000

$5,800,000