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Personal Injury Law

Charlottesville Personal Injury Lawyer

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Last Entry: May 20, 2010 at 14:17:20

Most Bankruptcies Caused by Medical Bills

Posted on June 14, 2009
A study recently published online in The American Journal of Medicine reports that nearly two out of three bankruptcies are caused by medical bills. This report likely understates the problem, because the data was collected prior to the current economic crisis...

Chrysler-Fiat to Be Immune from Liability for Certain Defective Automobiles

Posted on June 14, 2009
When bankruptcy Judge Arthur J. Gonzalez approved the sale of most of Chrysler's assets to a new company run by Fiat, he also granted the request that the new company not face liability for future product-liability problems involving current Chrysler owners...

Mattel and Fisher-Price Fined $2.3 Million for Lead Toy Hazard

Posted on June 09, 2009
Mattel Inc. and its subsidiary, Fisher-Price, have agreed to pay $2.3 million in civil penalties to the United States for importing and selling toys with excessive levels of lead, and for violations of the federal lead paint ban. The CPSC (Consumer Product Safety Commission) has provisionally accepted the penalty settlement...

Report Says Children's Products Contain Dangerous Chemicals

Posted on June 08, 2009
A March publication from the Campaign for Safe Cosmetics reported finding formaldehyde and 1,4-dioxane, a trace contaminant of chemicals used in cosmetic products, in 55 children's personal-care products. The Environmental Protection Agency lists these chemicals as probable human carcinogens...

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Take Precautions To Prevent Dangers of Treadmills

Posted on June 07, 2009
The recent death of Mike Tyson's 4-year-old daughter, found with a treadmill cord around her neck while her mother cleaned in another room, has called attention to the hazard that home exercise equipment poses to children. Doctors report that the emergency room sees approximately 25,000 children per year who suffer from a broad range of home exercise equipment-related injuries...

Government Joins Whistleblower Lawsuit Against Wyeth

Posted on June 01, 2009
The United States, as well as sixteen states, joined whistleblower lawsuits that claim Wyeth, a drug manufacturer that is being acquired by Pfizer Inc., avoided paying hundreds of millions of dollars to consumers in rebates under the Medicaid program...

Vermont Law Makes Payments to Doctors Public

Posted on May 30, 2009
In an attempt to crack down on the medical industry's payment to physicians, Vermont legislators have passed a law that requires drug and device manufacturers to publicly release the amount of all money given to doctors and other healthcare providers, naming names and listing the actual dollar amounts...

Military Physician Accused of Fabricating Study Regarding Medtronic's Infuse

Posted on May 27, 2009
Medtronic, a medical device manufacturer, has suspended its consulting agreement with Dr. Timothy Kuklo, a former military physician at Walter Reed Army Medical Center who was accused by the Army of falsifying research involving the use of one of the company's products, a bone-growth treatment called 'Infuse', which is used on injured soldiers; Kuklo was hired by Medtronic in August of 2006 as a consultant and also has a product development and royalty agreement with the company involving spinal devices unrelated to Infuse...

Obama Ends Bush's Policy That Favored Corporations Over Consumer

Posted on May 26, 2009
Recently, the Obama White House undid a Bush administration pre-emption policy, which used federal health and safety regulations to limit the power of injured consumers to sue companies in state courts. Trial lawyers who file class actions for millions of consumers praised this decision...

British Leaders Considering Goalpost Safety Bill

Posted on May 26, 2009
Recently I traveled to London, I live in England, to listen to my local Member of Parliament deliver a speech called The Ten Minute Rule Bill. It was very emotional to listen to and I wanted to share it with as many people world wide that I could. At last I feel positive children's safety playing football, hopefully it will become law in England by 2012...

Congress Debates Medical Device Safety Act to Counter Riegel v. Medtronic

Posted on May 25, 2009
The House Energy and Commerce Subcommittee on Health began hearing testimony on the Medical Device Safety Act of 2009, which proposes the Supreme Court decision in Riegel v. Medtronic, Inc be overturned. The Reigel ruling prevents patients that were injured by certain federally approved medical devices from seeking compensation via state product liability suits – in other words, federal law trumps (preempts) state law in these cases...

Heparin Product Investigated In Deaths

Posted on May 20, 2009
<p>Baxter International Inc. has admitted medical care providers at a hospital in Delaware, as well as United States health officials, are investigating whether the deaths of two patients were caused by a brand of <a href="http://www.chicagotribune...

FDA Finds Baxter's Advertisements Misleading

Posted on May 19, 2009
U.S. regulators have warned that the promotions Baxter Inc. made for its product, Tisseel surgical sealant, were misleading; Tisseel is a spray used to stop bleeding during surgery. The Food and Drug Administration (FDA) also believes many sales materials, such as brochures, overstated the sealant's effectiveness and made unsubstantiated claims that it was superior to other competing products...

FDA Warns Consumers About Contamination In Procter & Gamble Plant

Posted on May 18, 2009
In a letter released last Tuesday, U.S. regulators claimed Procter & Gamble failed to sufficiently address manufacturing and contamination problems at a plant in Puerto Rico that produces over-the-counter drugs, as well as Olay cosmetics. Procter & Gamble has since said none of the issues compromised the safety of products manufactured at its plant in Cayey, Puerto Rico...

New Baby Crib Recall by CPSC

Posted on May 18, 2009
For the third time, the United States Consumer Product Safety Commission (CPSC) has recalled cribs that were manufactured by Jardine Enterprises due to slats that break. This time, about 96,000 cribs were added to the tally of those that could strangle or trap a baby...

Chrysler Recalls 37,407 Dodge Ram Trucks

Posted on May 14, 2009
Chrysler Motors has recalled 37,407 Dodge Ram 1500 pick-up trucks from model year 2009. The recalled trucks are equipped with manual temperature controls which may have defective software for the heating and air conditioning module. This latter defect may cause a failure of the heating and/or air, causing problems defrosting or defogging the windshield...

GM Recalls 15,393 Chevrolet Traverse Vehicles

Posted on May 14, 2009
According to NHTSA, General Motors has recalled 15,393 Chevrolet Traverse vehicles for model year 2009. The recall has been issued because of a defective parking brake that does not comply with federal safety requirements. The parking brake cable link does not meet a specification, which may lead to a connector fracturing when the parking brake pedal is pushed down...

Missouri Supreme Court Rules For New Trial In Ford Police Cruiser Case

Posted on May 12, 2009
On Tuesday, the Missouri Supreme Court ruled the issue of whether Ford Crown Victoria police cruisers contain a fatal fuel-system design will return to Jackson County for a second trial. The court ruled in favor of businessman Michael Nolte and the family of Missouri Highway Patrol Trooper Michael Newton, after it found a judge's errors gave Ford Motor Company an unfair advantage at trial in 2005...

Safety Groups Push For New Safety Rules for Bus Travel

Posted on May 06, 2009
In a charter bus accident last year, known to authorities as Mexican Hat, nine people were killed and forty three more were injured after the vehicle slipped off of the road at a curve, dropped off an embankment and toppled over. Though it only rolled once, the force of the flip shredded the roof and knocked all but two passengers out of the bus; the only two people that were not thrown were the bus driver who had the only seat belt on the bus, and a passenger whose leg was stuck...

FDA Says Stop Using Popular Weight Loss Supplement Hydroxycut

Posted on May 01, 2009
The U.S. Food and Drug Administration (FDA) says it has received 23 reports of serious liver injuries related to peoples' use of Hydroxycut products. Hydroxycut products are widely used dietary supplements for weight loss. The products are also used as "energy enhancers" and "fat burners"...

A Football Goalpost Killed My Son

Posted on April 30, 2009
Eighteen years ago my so died when an unsecured football (soccer) goalpost fell on him and ruptured his heart. This was a needless death and many more children and adults have died before and since from unsafe, home made and unsecured football goalposts...

AP Report Shows Pharmaceuticals Tainting Drinking Water

Posted on April 27, 2009
According to an investigation by the Associated Press, U.S. manufacturers, including drugmakers, have legally released at least 271 million pounds of pharmaceuticals into the waterways that often supply drinking water. Hundreds of pharmaceutical ingredients are used in drug manufacturing...

FDA Rules Regarding Internet Drug Ads Create Confusion

Posted on April 26, 2009
Late last month, the Food and Drug Administration (FDA) sent strong warning letters to fourteen major pharmaceutical companies that the companies' search advertisements, or the short text ads that run beside Google results, have to include risk information about each drug or else be removed...

Exercise Balls Recalled After Bursting

Posted on April 25, 2009
The Consumer Product Safety Commission (CPSC) has released a statement that almost three million fitness balls, sold in department stores and sporting good retailers, have been voluntarily recalled following forty-seven reports that they have unexpectedly burst...

Suing Parents for Sleepovers?

Posted on April 19, 2009
I was waiting to argue a case in the Virginia Supreme Court last week, and an interesting case relating to child safety was argued in front of me. The name is Michael H. Kellermann, Administrator, etc. v. Paul Mcdonough, et al., and the Court will make a decision about it in June, but I wanted to hear what people thought...

Pistachio Processor Issues Recall for Possible Salmonella Contamination

Posted on April 10, 2009
Setton Pistachio, a California nut grower and processor, has issued a nationwide recall of pistachios due to possible salmonella contamination. The Food and Drug Administration (FDA) also said the recall will include many products in which pistachios are used as ingredients...

Federal Investigation Leads to Criticism of Company Conducting Medical and Drug Trials

Posted on April 09, 2009
Coast Independent Review Board, a Colorado company that drug and medical device manufacturers pay to oversee patient safety during clinical trials, has come under criticism at a Congressional hearing regarding whether the company performed its duties adequately...

Asbestos Problem In Washington's National Museum of American History

Posted on April 07, 2009
According to members of the Steamfitters Union, Local 602, in 2007 asbestos dust filled the air of the Smithsonian's National Museum of American History in Washington, DC because contractors continuously failed to take legally required precautions while removing insulation...

Medtronic Heart Device Linked To a Possible Thirteen Deaths

Posted on April 06, 2009
Medtronic admitted that at least thirteen people might have died in correlation with a heart device, known as Sprint Fidelis, that it recalled in 2007 but was still in widespread use. This number includes four patients who died while surgeons were attempting to remove the product and is the first new data to reflect fatalities since the device was first recalled; the other nine deaths may be tied to the device's failure to work properly...

Obama Advocates Food-Safety Overhaul

Posted on April 05, 2009
President Obama has promised to strengthen and reorganize the nation's food-safety system after declaring the government's failure to inspect ninety-five percent of processing plants a 'hazard to public health'. Obama has since announced the creation of a Food Safety Working Group, which includes the secretaries of agriculture and health, to generate coordination across federal agencies, advise him on which regulations and laws need to be changed, and ensure laws are enforced...

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