Because of the recent decision of the U.S. Supreme court that medical device makers are protected from liability when their devices have been approved by the Food and Drug Administration, a recent product liability case against the maker of a defective hearing aid has been dismissed by the Supreme Court of Arkansas.
Nebraska legislature turns down bill which would provide workers' compensation benefits to policemen, firefighters and other emergency workers who suffer mental illness as a result of being exposed to violent acts.
A 79-year-old Hurricane Katrina refugee from New Orleans has filed a $100 million negligence suit against a New York, New York hotel, claiming that she fainted and suffered personal injuries due to being scalded while taking a shower in the hotel.According to Ethel Tropez, who now resides in Live Oak, Texas, the March 29, 2007 incident in the Hotel Chandler resulted in being badly burned and...
According to a statement made on Tuesday, March 18 by the U.S. Food and Drug Administration (FDA), a drug used for the treatment of chronic obstructive pulmonary disease (COPD) may be harmful to those who use it. As if the disabling condition of COPD was not difficult enough, the FDA says that Spiriva, a lung drug manufactured by Pfizer Inc. and German-based Boehringer Ingelheim Pharmaceutical...
A woman has filed a lawsuit claiming that while she was in Chicago, Illinois, she received personal injuries in a rush for seating at the set of the Oprah Winfrey talk show.According to the claims of Orit Greenberg, Harpo Studios exhibited negligence through their failure to control the audience during the December 5, 2006 incident. She filed the suit seeking damages in excess of...
Is a driver liable if he passes out at the wheel and injures someone? The answer in North Carlina is: it depends.A driver is obligated to operate his vehicle as a reasonable prudent person would do. If he fails to act in that manner and if someone is injured by that failure, that driver is responsible for all injuries that resultIf a driver has absolutely no reason to believe that he may be...
A man from Fayette County, West Virginia has filed suit against a company in Kanawha County, West Virginia claiming that during his employment there, the company fired him in retaliation for his filing a workers' compensation claim. He also claims that his employer violated the West Virginia Human Rights Act.The suit was filed against Mountaineer Grading Company and Mickey Farmer on January 29...
A federal jury awarded an Arkansas breast cancer victim $ 27.2 million punitive damages award yesterday on top of $ 2.7 million in compensatory damages after she developed breast cancer from taking the defendants' hormone replacement drugs.The jury found that the defendants had not adequately warned Donna Scroggin that the drugs caused an increased risk of developing breast cancer.She had...
Barbara Shuford, a former employee of Regal Manufacturing Company, injured her knee in a work-related accident. The injury resulted in a medial meniscus tear. While the claim was held to be compensable by the North Carolina Industrial Commission, the employer and carrier appealed the Commission's holdings to the North Carolina Court of Appeals. After her injury, Ms. Shuford was laid off when...
A recent news article about a workers' demonstration in Mississippi reminds us of how good North Carolina workers' compensation law is compared to the law in most other states.The unfortunate workers in Mississippi live with a 60 year limit on workers' compensation benefits. The current limit in Mississippi is 450 weeks of workers' compensation benefits, no matter how severe or permanent the...
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