South Carolina Personal Injury Law Blog
Merck may pay $100 million to settle thousands of lawsuits over the safety of its NuvaRing contraceptive as long as enough women agree to participate. The settlement may resolve as many as 3,800 cases in federal and state courts. The lawsuits alleged that Merck knew while selling the product that it posed a higher risk risk of heart-attacking blood clots than competing products. A New Jersey judge gave preliminary approval of the settlement, subject to 95% of the plaintiffs participating in the settlement. If you beleive you have been injured by a drug or medical device, we can help. Call1-866-665-4995 for a free consultation.
Can a health care directive lead to accusations of neglect?
Imagine that you have a loved one who is currently living in an elderly care facility. Unable to care for themselves, they rely on the help from staff members to provide a certain standard of care. The nursing home staff then in turn relies on the health care directives provided to them by the patient or their health care proxy. This is done so as to avoid breaking any state laws. But what happens if these health care directives aren’t known or are not followed? Could it lead to accusations of patient neglect?
It’s possible for a family to think that a health care facility has failed to provide care for their loved one, especially when it comes to do not resuscitate orders. If the patient establishes a DNR without informing their loved ones, a death at the facility might be considered suspect and the family could accuse the facility of abuse or neglect as a result.
Icy roads to blame for 817 car crashes reported to SCHP
While some transplants from northern states may not have had difficulty travelling in the rare snow storm that struck much of South Carolina this week, most drivers were caught off guard by just how dangerous the roadways would be. A lot of drivers quickly discovered that their driving habits on dry pavement were not as effective on icy roadways, which resulted in a tremendous number of incidences across the state, including some here in Spartanburg.
So far, hundreds of accidents have been reported to emergency crews throughout the state. And with roads expected to still be icy throughout the rest of today and perhaps even into tomorrow, it’s hard to tell just how many more auto accidents we could see. At this time, the South Carolina Highway Patrol has responded to more than 1,400 weather-related calls, 817 of which were motor vehicle collisions due to slippery roads. If that number seems alarming, compare it to last year where only 89 accidents were reported over the same period of time.
Amputations in the Workplace
According to the Occupational Safety and Health Administration (OSHA), amputations are some of the most serious and debilatating workplace injuries. Amputations happen most often when workers operate unguarded or inadequately safeguarded mechanical power presses, power press brakes, powered and non-powered conveyors, printing presses, roll-forming and roll bending machines, food slicers, meat grinders, meat cutting band saws, drill presses, and milling machines as well as shears, grinders,, and slitters. If you have been injured on the job or suffered a job related amputation we can help. Call the Law Offices of Patrick E. Knie toll free at 1-866-665-4995 for a FREE CONSULTATION.
Witnesses may hold the key sometimes in workers’ comp claims
If you’ve ever suffered a work-related injury then you probably did one of two things. If you’re like some people in South Carolina, you may not have filed a claim assuming that your injury was not bad enough to warrant the hassle. But if you’re like many of our readers, then you know that even unassuming injuries can sometimes cause problems down the road and know how important it is to file a claim immediately after receiving the injury.
But for those who do file workers’ compensation claims for work-related injuries, this process can sometimes be marred by adjusters who may not believe your story or are uncaring about your situation and do not take the time to really investigate your injury. As a result, some claims may be denied despite their validity, leaving an injured worker potentially unable to work and wondering what they should do next.
Tire Defects
Tire defects are a major cause of motor vehicle accidents in the United States. While retreads are often viewed as a large problem, many of the pieces of tire we see along our roadways come from tires which have not been retreaded. Many “new” tires contain defects which are potential hazards to the driving public. Drivers should inspect their tires frequently for developing problems. Tire failure, particularly at high speeds can be life threatening the occupants of the vehicle with the defective tire and to other vehicles in close proximity. In addition to tire defects, tires in poor condition can cause life threatening cosequences as well. Large truck tires, because of their size, are very dangerous. Many trucking companies chose to use retreaded tires with the result that large portions of the retreads become delamenated either striking another vehicle or causing the nearby vehicles to take evasive action to avoid colliding with the tire. The National Highway Transportation Safety Agency (NHTSA) has a website designed for consumer to report tire defects, check for complaints about specific tires, check for recalls, and check ongoing investigations at www.safercar.gov. IF YOU HAVE BEEN INJURED BY A DEFECTIVE TIRE THE LAW OFFICES OF PATRICK E. KNIE CAN HELP. CALL 1-866-665-4995 TOLL FREE OR EMAILING US AT pknie@knielaw.com FOR A FREE CONSULTATION.
Surgical glove found in patient two years later, lawsuit pending
It’s just about every person’s fear that something will go wrong when they go in for surgery. That’s because, despite the insistence of hospital staff that patients are well taken care of, residents here in South Carolina know that medical mistakes can happen anywhere and often have life-changing consequences as well.
Our readers here in Spartanburg can see this exemplified by a case of medical malpractice in which a woman was diagnosed with ovarian cancer only to realize that this was a misdiagnosis when a non-latex glove was discovered in her abdomen from a surgery two years previously. Much like anyone here would do in her situation, the woman is now suing the hospital for its negligence and is seeking compensation for the problems this mistake has caused her.
$2.5 Billion Defective Hip Replacement Settlement
Johnson and Johnson has agreed to a massive $2.5 billion settlement regarding their DePuy ASR metal on metal hip replacements. There are two key deadlines. The first is a Jauary 6th, 2014 deadline to register your case. The second is a April 1, 2014 deadline to opt-in to the settlement. There is much work to do for each deadline, so you should contact an attorney IMMEDIATELY! Qualified patients will receive a base award of $ 250,000. Although lawsuits continue involving mayother metal on metal hip replacements such as Biomet M2A Magnum, DePuy Pinnacle, Smith & Nephew, Stryker Rejuvenate, Stryker ABGII Modular Neck System, Wright Conserve, Wright Profemur, and Zimmer, those are not included in this settlement. If you have questions call Patrick E. Knie Attorney tol free at 1-866-665-4995.
$6.5 million settlement reached in birth injury case
Most women have no concerns about going to the hospital to give birth to their child. That’s because they know that the hospital and its staff are well trained and know what they’re doing. We often trust this so much that we can feel incredibly betrayed when this ends up not being the fact. This can often leave us with a lasting anger and wondering if justice will be served.
Our readers here in South Carolina can see this exemplified in a recent case out of Texas where a first-time mother learned that the brain damage suffered by her newborn had not been hereditary but rather a result of negligence on behalf of hospital staff. In the end, a serious mistake on the part of the attending hospital staff resulted in a diagnosis of cerebral palsy that has left the now 5-year-old boy unable to care for himself and has left his mother feeling a bit of anger towards the institution that changed her family’s life forever.
Pradaxa lawsuits
If you take Pradaxa, you may have important legal rights. Pradaxa (dabigatran etexilate) is a blood thinner prescribed to prevent stroke in patients with irregular heartbeats. Pradaxa has been prescribed to more than a million patients. Serious safety concerns have arisen about Pradaxa. The U.S. Food and Drug Administration (FDA) is now reviewing the drug. There have been numerous reports of serious and fatal uncontrolled internal bleeding among patients prescribed Pradaxa. The FDA is investigating those reports. Pradaxa side effects include uncontrollable bleeding, unusual or unexpected bruising, coughing up blood, red or black stools, pink or brown urine, joint pain, and headaches or lightheadedness. Several hundred deaths have been attributed to Pradaxa. If you believe you have a Pradaxa claim call us toll free at 1-866-665-4995 for a free consultation.