- Jamie G. Goldstein | February 28, 2007 11:56 AM |
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Automobile AccidentsCNN recently uncovered the auto insurance companies mantra "delay, deny, defend." The original story uncovered the truth about insurance carriers failure to pay on minor car accident claims. After the story aired many more people came forward telling a similar story.It is clear that CNN is amazed at the number of people affected by the insurance companies failure to pay victims of minor motor...
- Jamie G. Goldstein | February 27, 2007 3:30 PM |
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Medical MalpracticeIn Tennessee tomorrow there will be a hearing to consider creating caps on non-economic damages in medical malpractice cases. The cap would be at $250,000. Another proposal that will be heard is to require plaintiffs and defendants to file a certificate of merit in cases. Tennessee is not the first and certainly will not be the last state to look at similar proposals. Illinois has also had...
- Jamie G. Goldstein | February 27, 2007 10:00 AM |
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Medical MalpracticeDoctors are finding yet another way to try and avoid medical malpractice lawsuits. Doctors are now turning to researchers who are "scientifically" reviewing medical malpractice lawsuits. These new companies are attempting to discover new ways doctors can avoid medical malpractice litigation and are eager to share with curious doctors.The real question is, why is everyone spending so much time...
- Jamie G. Goldstein | February 27, 2007 9:30 AM |
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Medical MalpracticeIn 2006, there was an increase in the reports of wrong site operations in the United States. There were 86 reports in 2006 to the Joint Commission of surgeries performed on the wrong site. Universal precautions were institututed two years ago but may not be helping. The number of reported incidents may also be misleading. Doctors and hospitals often do not report wrong site surgeries for...
- Jamie G. Goldstein | February 26, 2007 8:45 PM |
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Wrongful DeathA wrongful death lawsuit against the University of Rhode Island continues to move forward this week with depositions. The lawsuit alleges that a university student, Francis Marx V, was killed in 2004 during a pub crawl that the university was aware of but failed to do anything about.The university admits that it was aware of the pub crawl, however, it did not prohibit the activity. Instead,...
- Jamie G. Goldstein | February 26, 2007 7:29 PM |
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Defective & Dangerous ProductsIt is believed that a Pennsylvania woman died in January as a result of being infected with salmonella after eating tainted peanut butter. The peanut butter is part of a recent recall of ConAgra peanut butter. This is not the first death that is believed to be related to the peanut butter. A family recently came forward in Illinois stating that they believe their family member also died from...
- Jamie G. Goldstein | February 26, 2007 5:00 PM |
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Nursing Home & Elder AbuseA jury awarded a family $4.1 million and found against a Tennessee nursing home that was caring for the patient. The lawsuit alleged that the nursing home was understaffed, which resulted in the man being improperly attended to and as a result he suffered from bedsores, an undiagnosed hip fracture and other medical problems.A proposed law in Tennessee, however, would severely limit the award. ...
- Jamie G. Goldstein | February 26, 2007 2:30 PM |
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Defective & Dangerous ProductsAn Illinois man who died on February 2, 2007, may have died as a result of ingesting peanut butter that was affected by the recent salmonella outbreak. The man died just three days after he ate a peanut butter sandwich that contained the recently recalled ConAgra peanut butter.The death is the first reported in Illinois that relates to the salmonella outbreak. There have been other cases of...
- Jamie G. Goldstein | February 26, 2007 1:55 PM |
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Wrongful DeathRyan Owens died in July 2006 after he collapsed after football practice. Ryan was attending Henderson County High School in Indiana at the time. His family has filed a wrongful death lawsuit against the school and its coaches alleging they were the cause of 16 year old Ryan's death.The parents believe that the school should have done more to prevent the death of their son. The school,...
- Jamie G. Goldstein | February 26, 2007 12:22 PM |
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Medical MalpracticeRecently, a case went up to the Virginia Supreme Court requesting that doctors be found immune from medical negligence. The doctors argue that they fall under the immunity protection of the state because the hospital is a charitable organization. If the Court agrees, the doctors would not be liable for negligent acts against their patients.The doctors' argue that the hospital is a charitable...
- Jamie G. Goldstein | February 26, 2007 12:17 PM |
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Medical MalpracticeA Florida family was awarded over $30 million after a jury found that the Lee Memorial hospital failed to properly care for a mother and her baby while the mother was giving birth. The failure of the hospital to properly care for the mother resulted in the baby, who is now nine years old, having permanent braing damage,Aaron Edwards, who was born in 1999, suffered from brain damage as a result...
- Jamie G. Goldstein | February 22, 2007 7:45 AM |
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Wrongful DeathA woman who sued and won a lawsuit against Philip Morris USA for her husbands death has had her jury award set aside by the Supreme Court. The lawsuit now returns to the Oregon Supreme Court, which will determine if it will order a new trial, reduce the jury award or reinstate its decision.The Supreme Court's argument for setting aside the verdict, in part, was that the widow should only...
- Jamie G. Goldstein | February 22, 2007 2:30 AM |
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Nursing Home & Elder AbuseA North Carolina nursing home resident died three days after she was dropped by an employee of the Ocean Trail Convalescent Center. Willa Martin who was 87 years old was a double amputee and was being moved by the employee when she was dropped and hit her head on a concrete floor. The fall was approximately four feet. Martin died three days after the fall.Willa Martin's family has filed suit...
- Jamie G. Goldstein | February 21, 2007 4:45 PM |
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MiscellaneousA five year old girl waiting for the school bus this morning was attacked by a pit bull. She was taken to Holy Cross Hospital after the incident. The police then began a search and were able to track the pit bull down. They found the dog covered in the girl's blood.The 5 year old suffered various injuries including bites to her face and her body, a gash in her head and her hair had been...
- Jamie G. Goldstein | February 21, 2007 4:28 PM |
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Defective & Dangerous ProductsThe first lawsuit in Illinois has been filed against ConAgra Foods, Inc. due to the outbreak of Salmonella from its Peter Pan peanut butter. A Chicago woman filed the lawsuit on February 21, 2007, alleging that her and her family ate the tainted peanut butter and fell ill because of it.The woman claims that her and her three children became ill after eating the peanut butter just three weeks...
- Jamie G. Goldstein | February 21, 2007 10:01 AM |
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Medical MalpracticeHawaii is the latest state pushing for additional caps on medical malpractice recovery. The governor, Linda Lingle, believes that if Hawaii were to cap malpractice awards, it would help keep doctors in small rural towns. She believes that high awards in medical malpractice cases are causing insurance premiums to rise and doctor's are fleeing small towns. The truth, however, is that there are...
- Jamie G. Goldstein | February 20, 2007 11:00 AM |
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Defective & Dangerous ProductsA Delta airplane that landed at Cleveland Hopkins International Airport skidded off the runway and into a fence on Sunday February 18, 2007. The plane likely skidded because of the snowy weather. None of the 75 passengers were injured as a result of the skid, and passengers were shuttled back to the terminal by bus. The only damage in this incident was luckily to the plane and the fence.This...
- Jamie G. Goldstein | February 20, 2007 9:00 AM |
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Medical MalpracticeA jury in Madison Country recently awarded James Halloway $450,000 because he suffered from a botched spinal x-ray. The man was injected with the wrong x-ray dye which caused severe complications, including a two week hospital stay. The defendant doctor admitted to injecting the Halloway with the wrong chemical dye but said that his injuries were not related to the dye.James Halloway's...
- Jamie G. Goldstein | February 19, 2007 11:30 AM |
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Defective & Dangerous ProductsThe FDA released an update to its original release regarding the outbreak of salmonella in Peter Pan peanut butter. The original outbreak information was released on February 14, 2007, with an update follwing on February 16, 2007. The updated release gives new information on infected peanut butter and estimates on the amount of people who may be infected.The FDA is now saying that all Peter...
- Jamie G. Goldstein | February 19, 2007 9:27 AM |
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Defective & Dangerous ProductsThe FDA issued a recall on February 16, 2007 that warned customers not to consume certain types of Earth's Best baby food. The infected baby food may be contaminated with the bacteria clostridium botulinum. This bacteria can cause botulism, which can lead to serious illness and/or death.Symptoms of botulism are usually seen within 18-36 hours after the initial exposure. A baby that is...
- Jamie G. Goldstein | February 19, 2007 3:04 AM |
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Wrongful DeathOn Sunday evening two airport shuttles driving at the Fort Lauderdale airport collided killing one drive and one passenger. There were another eight people that were injured from the collision. Of the eight that were hospitalized, two people were reported to be in serious condition.It is believed at this time that the shuttle buses were heading in opposite directions when they collided. The...
- Jamie G. Goldstein | February 18, 2007 8:00 AM |
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Nursing Home & Elder AbuseA lawsuit was filed against the Granite Nursing and Rehabilitation Center in Granite City, Illinois. A woman who was sent there after undergoing heart surgery died less than two months after her release from the nursing home. It is believed that the poor care she received led to infection and eventually death. The woman, only 75, had developed fluid build-up in her lungs. It is believed that...
- Jamie G. Goldstein | February 17, 2007 11:00 AM |
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Defective & Dangerous ProductsThe first lawsuits have been filed in the salmonella outbreak related to Peter Pan peanut butter. A Missouri family and a Texas family have filed lawsuits in their respective states.The Texas lawsuit alleges that two young children became ill after eating the infected peanut butter while the Missouri lawsuit claims the family became sick back in October after eating Great Value peanut...
- Jamie G. Goldstein | February 17, 2007 8:45 AM |
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Medical MalpracticePoliticians are armed and ready to pass as much tort reform legislation as possible, but what happens when those supporters who get just what they wished for? Alvin Berry knows the answer to that question. In 2003 Berry voted for Proposition 12, a tort reform package that was passed in Texas. The passage put severe limits on the ability for individuals to bring medical malpractice lawsuits. ...
- Jamie G. Goldstein | February 16, 2007 12:03 PM |
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Automobile AccidentsAs a follow-up to a recent post, CNN has begun to uncover more claims that are being underpaid by insurance companies in minor crashes and the insurance companies philosophies behind their failure to pay appropriate amounts. Insurance companies are reaping the benefits of their low ball tactics while innocent victims of these crashes are forced to pay medical bills out of their own pockets even...
- Jamie G. Goldstein | February 16, 2007 8:45 AM |
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Wrongful DeathAfter a Colorado woman's son was killed from alcohol poisoning in 2004, she filed a lawsuit against the fraternity that her son was pledging. She also filed against seven of the fraternity members. The defendants were trying to have the lawsuit dismissed but the Judge stood firm that there were various counts that were triable. The Judge set a trial date for March 2008. The college student...
- Jamie G. Goldstein | February 16, 2007 7:00 AM |
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Defective & Dangerous ProductsA salmonella outbreak has affected at least five people in Illinois. As previously posted, the FDA issued a recall for Peter Pan peanut butter made by ConAgra. The peanut butter as been the cause of ongoing cases of salmonella since August of 2006.New York, Pennsylvania, Virginia, Tennessee and Missouri have reported the most cases of salmonella related to the peanut butter thus far. The...
- Jamie G. Goldstein | February 15, 2007 3:26 PM |
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Defective & Dangerous ProductsThe FDA posted a warning on February 14, 2007 that specific jars of Peter Pan peanut butter and jars of Great Value peanut butter may be contaminated with Salmonella. The jars with a product code beginning with 2111 should be discarded. The peanut butter would have been purchased on or after May 2006. The affected peanut butter was manufactured at a ConAgra facility in Georgia. Great Value...
- Jamie G. Goldstein | February 15, 2007 11:44 AM |
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Medical MalpracticeThe Senate Committee approved a bill requiring a medical expert certify a medical malpractice case as having merit before the lawsuit is filed. A previous provision in the law was foung unconstitutional this past December. The hopes of the bill is to keep frivilous medical malpractice lawsuits to a minimum. It still however, has to be voted on by the Senate.Other states, including Illinois,...
- Jamie G. Goldstein | February 15, 2007 9:37 AM |
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Medical MalpracticeA verdict was returned on Wednesday in favor of a Massachusetts patient who was the victim of medical malpractice. The patient's doctor failed to treat him for a burn to his foot. The doctor knew about the burn and even made a note regarding the burn in the patient's chart, but at the end of the day, the doctor still would not admit he failed to take proper care of the patient's burn, which...
- Jamie G. Goldstein | February 08, 2007 10:00 AM |
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Automobile AccidentsInsurance companies have always tried to hold onto their money for as long as they can and often reluctantly pay out claims. Even when they do pay out a claim it is often less than the amount necessary to cover the victim's outstanding bills. But why pay more if they can get away with paying less?Anderson Cooper of CNN recently investigated offers from insurance companies for less money than...