Investigations carried out by the FDA and the device manufacture Medtronic, Inc, has linked eight deaths and more than 250 serious or life threatening injuries to such errors since May 1996. For more than 15 years, Burg Simpson attorneys have been at the forefront of national litigation involving dangerous prescription medicines and defective medical devices, recovering $Billions in dollars for injured individuals and their family members. For further information, or to schedule a free evaluation of your particular case, contact Burg Simpson today.
According to IIHS investigations, frames or “underride guards” fitted to the rear of most trucks simply are not strong enough to keep cars from sliding underneath these vehicles, even at relatively low speeds. In a March 1, 2011 statement, the IIHS said, “Underride makes death or serious injury more likely since the upper part of the passenger vehicle’s occupant compartment typically crushes as the truck body intrudes into the vehicle safety cage.”
Trucking accidents are a serious problem and can give rise to complicated legal claims. In 2009, 70% of the 3,163 people who died in all large truck crashes were occupants of cars or other passenger vehicles. If you, or someone you love, have suffered serious injuries as a result of an accident involving a truck or trailer it is important to talk to an experienced truck-accident attorney as soon as possible.
]]>TBI’s vary in severity and the problems they can cause are diverse. Headaches, memory problems, and changes in mood and personality are common effects of a TBI. More severe brain injuries can cause devastating cognitive changes and physical and mental functional disabilities. According to the CDC, TBIs are a contributing factor in more than a third of all injury-related deaths in the United States. Each year 52,000 people die as a result of sustaining a TBI and more than 270,000 are hospitalized. Anyone who suspects that they may have suffered a TBI should consult their doctor.
Burg Simpson attorneys have more than 30 years experience helping individuals who have suffered life changing traumatic brain injuries and their families rebuild their lives. Shareholder Peter W. Burg is Chairman of the Board of Directors of Colorado-based Craig Hospital – one of the world’s leading hospitals specifically dedicated to spinal cord injury (SCI) and traumatic brain injury (TBI) rehabilitation and research. For more information on legal issues associated with Brian Injuries contact Burg Simpson today for a free evaluation of your case.
Burg Simpson shareholder Hon. Alan K. Simpson is the subject of a new documentary, that will air nationwide on PBS networks on February 28, 2011. In the show, Alan describes his career in Washington DC and afterward, with the help of former Vice President Dick Cheney, former President George H. W. Bush, NPR's Nina Totenberg, the late Senator Ted Kennedy, Alistair Cooke, former Senator Trent Lott, and many others.
Exact broadcast times vary, please check local listings for more information.
]]>The damages sought by the class are certainly eye catching, and seem to reflect a growing trend in high-profile employment class actions suits. Last year, drug company Novartis agreed to pay more than $175 million to settle complaints brought by 5000-plus present and former female employees. Later this year, the Supreme Court is expected to announce its decision in a discrimination case involving more than 1.5 million current and former Wal-Mart employees. If the employees prevail, it could result in damages of more than $1 billion against Wal-Mart, the largest private employer in the world.
Discrimination can happen in many different ways. If you believe you have been the victim of discrimination seek advice from an experienced employment attorney as soon as possible.
The Supreme Court reversed, holding that if the facts alleged by Mr. Thompson were true, then his firing would constitute unlawful retaliation because a reasonable worker, like his fiance, would be discouraged from complaining about discrimination she knew her loved one would bear the brunt of the employer's retaliation.
Diane V. Smith represents employers and employees in cases involving claims of wrongful discharge, wrongful termination and infringement on civil rights. Law Week Colorado named Diane as Barristers' Best Employment Lawyer in 2010.
]]>The three organizations had been involved in two separate federal court actions, one pending in the Federal District Court of Minnesota filed by AAJ against The Trial Lawyers, and a second suit pending in the Middle District of Alabama between The Trial Lawyers and The College. The College had sued AAJ/ATLA in the early 1970’s over the same issues, when AAJ/ATLA lost the right to use “The American Trial Lawyers Association” as its name.
Speaking on behalf of The American Trial Lawyers Association, its President Michael Burg of Burg Simpson in Denver, Colorado commented that “all parties are very pleased with the settlement. The agreement was amicable and each of the organizations worked hard to compromise.”
The official name change of The American Trial Lawyers Association will take place within thirty days of the settlement. The name will be changed to “The National Trial Lawyers” (“The Association” or “The Trial Lawyers”). They will continue to be referred to as “The Association” or “The Trial Lawyers.”
Speaking of his appointment Mr. Katz said, “I am extremely honored to have been appointed to assume a leadership position in what may become one of the most high-profile litigations in recent years.” Mr. Katz continued, “The evidence certainly suggests that thousands of individuals from across the country have had their health compromised due to DePuy’s disregard for patient safety. Despite being aware of the problems and risks that the design of metal-on-metal joints carry and the mounting clinical evidence pointing to this problem, DePuy failed to provide adequate warnings of the health risks associated with their device to the public and the medical community. Our clients deserve justice and fair compensation for the pain, suffering and life-altering experience they must now live through.”
]]>A spokesperson for McNeil maintains that the company acted within the law and will seek to have the lawsuit dismissed. However, if found guilty, J&J and McNeil could be fined up to $25,000 per container of defective Motrin sold.
This latest lawsuit is the latest in a long line of legal issues currently facing J&J. The New York Times reports that in 2010, the company announced recalls of more than 200 million potentially dangerous drugs and medical devices. It remains to be seen if J&J latest attempts to avoid damaging publicity will also backfire spectacularly.
If you have been injured by a dangerous drug or defective medical device, Burg Simpson may be able to help. Contact me, or another member of our product liability team today for a free initial consultation.
Seth A. Katz
This week, myself and my colleague Thomas Henderson will be hosting the show and are looking forward to answering your questions and helping you understand how you how you can protect your family, friends and loved ones. In particular, we will be discussing legal issues relating to personal injury, insurance policy claims, and disputes involving HOAs amongst other things.
Tune in to 630 AM at 3 p.m. Saturday, January 15. You can also listen online or via your smart phone at www.khow.com
Got a legal question and can't wait until Saturday? Call our office now at 303.792.5595
Given that 90% toys sold in the U.S. are manufactured in China and Hong Kong, the decision to open a dedicated field office is certainly seen by many to be good news for American consumers. How effective the office will be, only time will tell. Each year literally thousands of children suffer serious personal injuries as a result of dangerous or defective toys, many are hospitalized and tragically, in some extreme cases, some children even die. If your child has been injured and you suspect that a poorly designed or manufactured product was to blame, Burg Simpson may be able to help you. Contact me, Holly Kammerer, or another member of our product liability team today for a free initial consultation.
]]>The device comprises a small rod that is inserted under the skin in the upper arm, which slowly releases the active ingredient etonogestrel, a synthetic progestogen which prevents the ovaries from releasing eggs. If fitted properly, Implanon is designed to be effective in 99.95% of cases and can last as long as three years.
However, reports in the UK and Australia have revealed that in some women the device was implanted too deep for it to work properly. There are also reports of problems with the devices’ pre-load applicator, resulting in some women not receiving the correct dose. More than 1600 women in the UK have also reported experiencing an adverse reaction to Implanon, including pain after insertion and scarring among others.
To date, the UK NHS (National Health Service) has paid out hundreds of thousands of dollars in settlements to women injured as a result of being prescribed Implanon. Implanon remains on the market in the U.S. and has not been recalled by the FDA. Manufacturer Merck maintains that its product is safe, put does point out that no form of contraception can guarantee to be 100% safe. Some commentators estimate that as many as 480,000 women in the US have been fitted with an Implanon device since 2006.
Burg Simpson attorneys are at the forefront of litigation regarding defective birth control medications, representing women seriously injured by the contraceptive drug YAZ/Yasmin and the birth control patch Ortho-Evra.
In December 2010, Congress passed new laws aimed at tackling thisissue. Proponents of The FDA Food Safety Modernization Act (FSMA) have heralded the new legislation as a “significant milestone in the efforts to modernize the food safety system.” The Act contains provisions that will allow the FDA greater means of inspection over food producers, while at the same time, aims to holds the wider food industry itself more accountable for producing safe products. In addition, the FDA has been given new powers that will allow greater oversight of the millions of other food products important into the country each year - some 15 percent of the total food supply.
2010 was characterized by a number of high-profile food contamination cases, including various salmonella outbreaks in peanuts and eggs, as well outbreaks of E. coli infections linked to unsafe spinach.
How effective the new legislation will be in preventing a re-occurrence of these events in 2011 remains to be seen. However, it is important for members of the public to realize that in addition statutory safeguards, anyone injured or poisoned as a result of exposure to contaminated food has additional legal rights, and may be able to claim compensation for their loss through the civil courts.
If you, or someone you love has been injured as a result of exposure to unsafe food, Burg Simpson’s personal injury attorneys may be able to help. Contact us today for a free consultation.
]]>To date, no illnesses have been associated with this recall, but the public is being warned to remain vigilant.
E.coli infections can be very serious if untreated. Common symptoms include, diarrhea and stomach pain. In extreme cases, E.coli infections can lead to kidney failure, with children and the elderly most at risk. News of this latest health scare comes only days after it emerged that officials in Colorado have been investigating a separate outbreak of E. coli infections among people who sampled or purchased cheeses that were part of a "Cheese Road Show" at Costco stores between October 14 and 17, 2010.
If you have been injured by contaminated food or any other type of consumer product, you maybe entitled to money damages. Contact an experienced consumer protection attorney today for a free no-obligation consultation.