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Personal Injury Law

Bodily Injury Blog

By Edward ("Ted") Bills

Post Frequency: 10.4/day

Last Entry: January 08, 2020 at 18:47:54

Jury Awards Damages in Insurer Class Action

Posted on September 27, 2008
An Oklahoma jury has ordered Farmers Insurance Co. to pay $80 million to a class of policyholders who claimed that the insurer underpaid claims. In the lawsuit, policyholders alleged that Farmers engaged in bad faith and fraud by failing to pay for general contractors...

Man Files Lawsuit for Unauthorized Amputation

Posted on September 27, 2008
A 61-year-old Kentucky man filed a lawsuit last week accusing a doctor of amputating his penis without his consent. In the lawsuit, Phillip Seaton claims that the doctor was only authorized to perform a circumcision. However, the doctor maintains that upon finding cancer during the operation, the amputation became medically necessary...

Doctors Urge Warning on Energy Drinks

Posted on September 27, 2008
Kelly Brewomgtpm, woriting in the Baltimose Sun on 9/24/08 notes: “Some popular brands of energy drinks should carry warning labels for possible health risks, according to researchers at Johns Hopkins University. In an article, published in the journal Drug and Alcohol Dependence, researchers warn that high levels of caffeine contained in the drinks can cause [...

Evidence of Texting Prompts Cell Phone Ban for Rail Workers

Posted on September 22, 2008
California regulators have quckly begun steps to ban the use of cell phones by rail workers after it was revealed that the engineer of a Metrolink train that crashed last week had been sending text message while on duty. According to an atricle in the LA Times, the California Public Utilities Commission plan calls for [...

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Court Rules that Rear-End Accident Doesn?t Always Equal Negligence

Posted on September 22, 2008
According to a story printed in the Rapid City (South Dakota) Jornal on 9/19/200; The South Dakota Supreme Court has ruled that a driver who rear-ends another vehicle is not necessarily negligent in the crash. In the ruling the court found that juries may decide negligence when the trailing driver disputes whether they were following [...

Class Action Certified Against Birth Injury Fund

Posted on September 10, 2008
Attorneys in Florida have filed a lawsuit on behalf of parents who are supposed to be compensated by a state program for children with birth injuries. According to the recently certified class-action suit, the Florida Birth-Related Neurological Injury Compensation Association, known as NICA, has failed to properly pay participating parents and has misinformed them about [...

Tire Warehouse Settlement Receives Approval

Posted on September 10, 2008
A West Virginia judge has granted preliminary approval for a settlement stemming from a 2006 warehouse fire that forced thousands of residents to stay inside their homes. Under the settlement, U.S. Tire Recovery will pay a combined $1.175 million to compensate residents whose property was damaged by the fire...

Appeals Court Reinstates Lawsuit Against Merck

Posted on September 10, 2008
A federal appellate panel reinstated a class-action securities lawsuit against drugmaker Merck & Co. on Tuesday after finding that plaintiffs had filed their claims in a timely manner. Plaintiffs involved in the lawsuit allege that Merck concealed risks associated with the once-blockbuster drug Vioxx...

Couple Reverses Course in State Farm Case

Posted on September 09, 2008
A couple formerly represented by jailed attorney Dickie Scruggs filed a motion this week asking a judge to dismiss pending bad faith and negligence claims against State Farm Fire & Casualty Co. Thomas and Pamela McIntosh had initially accused the insurer of altering engineering reports in order to deny claims filed in the wake of [...

Judge prohibits evident from smoker class action

Posted on September 09, 2008
Thousands of individual smokers who have filed lawsuits against Altria Group Inc. and other tobacco companies may not rely on factual findings used in a Florida class-action against cigarette makers, a federal judge has ruled. The ruling by District Judge Harvey Schlesinger runs contrary to a Florida Supreme Court decision allowing factual evidence from the [...

Popular Bassinets Recalled After Deaths

Posted on September 01, 2008
In a Newsday story dated 8/29/08, James Bernstein notes ” Parents owning a popular model of bassinet should stop using the product and prepare for a recall, federal safety regulators warned Thursday. The warning from the Consumer Product Safety Commission comes after two babies died when they became trapped in the bassinet?s bars...

Cyclist deaths prompt lawsuits

Posted on September 01, 2008
In an article written by Henry K. Lee of the San Francisco Chronical on 8/28/2008, he notes that the “…Santa Clara County sheriff’s office and one of its deputies have been named in a lawsuit stemming from an accident that killed two bicyclists...

New York City wrongful death case settled for $8.7 million

Posted on August 26, 2008
According to a report in the New York Daily News, ” New York City will pay $8.7 million to settle a wrongful death claim brought by the widow of a victim of the 2003 Staten Island ferry crash. John Healy died when the ferry crashed into port at full speed...

Poison Tomatoes?

Posted on June 11, 2008
First it was that Sci-FI icon (The Attack of the Killer Tomatoes) and now the supply chain that ships foods to far-flung consumers is also good at spreading disease and mayhem. All that’s required are ripe tomatoes just off the vine, fresh mozzarella di bufala, basil coaxed to aromatic fullness by the sun’s heat, a sprinkling [...

How one Family Battles an Insurers & its Counsel

Posted on June 10, 2008
A family whose child wass molested by a hotel employee sues and finds itself a target of federal probes. It might have been bearable if the horror had stopped when Paul Gayter and his wife Flora Nicholas learned that their 9-year-old daughter had been molested by a hotel employee during a family vacation...

Early Litigation Settlements Often Save Money

Posted on June 10, 2008
Top Stories From Law.com Legal Technology Preventing a ‘Qualcomm’ at Your Law Firm In-House Counsel Employer Liability: The Joints Are Jumpin’ Small Firm Business Leveling the Drilling Field A study of court settlements in personal injury lawsuits against businesses estimated companies could save an average total of $114,000 per claim or $670,000 for severe injuries by promptly settling cases instead of [...

Tainted Tomatoes?

Posted on June 05, 2008
Texas state health officials have warned consumers to avoid eating uncooked tomatoes believed linked to an outbreak of potentially deadly salmonella poisoning in Texas and eight other states. Since mid-April, 21 Texans were infected with the Saintpaul strain of the disease...

Insurer Ordered to Pay Grocer

Posted on June 05, 2008
A Federal Court Jury ruled that United Fire & Casualty Insurance Company pay a $21 million award, almost exactly what United Fire & Casualty Insurance Co. still owed to repair the stores — $16.7 million — plus penalties for delaying payment...

Settlement reached in Denver Jail death

Posted on June 02, 2008
The family of Emily Rae Rice, who died while in custody at the Denver City Jail, has reached a $4 million settlement with Denver Health Medical Center. As part of the settlement, Denver Health agreed to significant changes in patient screening and treatment at both the medical center and the jail...

Consumer Reports to rate hospitals

Posted on June 02, 2008
A magazine long known for rating cars and washing machines is branching out to hospitals, encouraging people to shop around for ones that provide "conservative" instead of "aggressive" care. Relying on data already compiled by researchers at Dartmouth College, the service launched by Consumer Reports on Thursday uses a simple, if counterintuitive, yardstick: For older people [...

Settlement in the biggest class-action suit

Posted on June 02, 2008
More than 160 million Americans would be able to learn their all-important credit scores at no charge — and with no strings attached — under a settlement by credit reporting giant TransUnion Corp. of a long-running class-action lawsuit. The agreement would entitle consumers to at least six months of a TransUnion monitoring service, giving them access [...

Mouthwash recall

Posted on May 12, 2008
Cardinal Health Inc. has announced that they are recalling 60,000 bottles of alcohol-free mouthwash from nearly 1,000 U.S. hospitals that were tested and found positive for a bacteria called Burkholderia cepacia. Cardinal said the bacteria poses little medical risk to healthy people, but people with certain health problems like weakened immune systems or chronic lung disease may be [...

Another Fatual DUI

Posted on May 08, 2008
A newly filed lawsuit seeks unspecified damages from a former surgeon who was driving a sports utility vehicle that rammed into a car killing a pregnant school administrator and her 10-year-old daughter. The crash an associate principal of aHigh School, and her fetus...

Insulin pumps linked to injuries, deaths in teens

Posted on May 08, 2008
Insulin pumps are used by tens of thousands of teenagers worldwide with Type 1 diabetes, but they can be risky and have been linked to injuries and even deaths, a review by federal regulators finds. Parents should be vigilant in watching their children’s use of the pumps, researchers from the Food and Drug Administration wrote...

Its Often a Struggle to Gain Access to Medical Records

Posted on May 08, 2008
Often it is a struggle to determine why someone died in a hospital while being treated, regardless of the reason for the treatment and often, when the records are finally released it is too late under state law to file a civil lawsuit...

Tainted Blood Thinner?

Posted on May 08, 2008
A Philadelphia law firm filed a suit recently against the health-care company Covidien Inc., alleging that it had supplied tainted doses of the blood thinner heparin to a Missouri retiree who died as a result of allergic reactions to the drug. The lawsuit, filed in federal district court in Boston, alleged that the company waited weeks [...

Blood Substitutes Spur Death; FDA Inaction Criticized when

Posted on May 08, 2008
According to 16 clinical trails analyzed by researchers, artificial blood has raised the death risks by 30 percent and almost tripled the odds of heart attacks and these same researchers say U.S. regulators should have stopped the studies eight years ago...

Supreme Court hears Anthrax death case

Posted on May 08, 2008
Lawyers for The federal government and a private laboratory argued, in a lawsuit over the anthrax death of a supermarket tabloid photo editor, that thave no duty under state law (Florida) to protect the public from lethal materials. Oral arguments on the issue came at the request of a federal appeals court trying to decide whether the [...

Is military justice broken?

Posted on November 09, 2007
Many liberals claim that the military justice system is broken and that the Uniform Code of Military Justice, the military’s criminal code, has failed or that the United States pay lip service to the law of war while disregarding it in fact...

Attorney General nominee draws more fire

Posted on October 31, 2007
The attorney general nominee declined to call water-boarding torture, as Democrats on Senate panel had hoped and instead adopted a middle ground of an issue that has become central to his nomination. The nominee, Michael Mukasey, said coercive interrogation methods, including a form of simulated drowning, were "over the line" and "repugnant...

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