Rhode Island Personal Injury Attorney
1.9K views | +0 today
Follow
 
Scooped by David Slepkow
onto Rhode Island Personal Injury Attorney
Scoop.it!

A Bicycle Accident Wrongful Death Lawsuit in Rhode Island

Rhode Island bicycle accident attorney, David Slepkow 401-437-1100. RI wrongful death attorney.
David Slepkow's insight:
Lawsuit Process

A RI bicycle accident attorney will know how to file a  Rhode Island wrongful death lawsuit involving a bicycle accident. They know the process begins at the site of the accident. Pictures of the accident scene, the bicycle and vehicle involved are essential. A list of names and contact information for any witnesses is also important. The police report taken must be verified for accuracy. The bicycle riders clothes and helmet must be saved. These are things that can be used as evidence during a trial.

Discovery

After the lawsuit is filed, the discovery process begins. This is when both sides involved in the lawsuit collect evidence to prove their claim. Depositions are taken from witnesses. Medical experts are asked to give their opinions on medical records. Professionals who are experts at accident reconstruction may be utilized. It some cases, financial consultants are used to determine the extent of the economic loss from the bicycle accident for both the present and future.

Settlement

Most insurance companies want to avoid a jury trial. In order to do this, they will often offer the lawsuit plaintiffs a settlement. A Rhode Island personal injury attorney or a  RI car accident lawyer who is experienced in personal injury law will know if the settlement offer is good or needs to be negotiated further. If the settlement offer is not acceptable, the  Rhode Island bicycle accident attorney representing the plaintiffs may recommend going to trial.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

No comment yet.
Rhode Island Personal Injury Attorney
Your new post is loading...
Your new post is loading...
Scooped by David Slepkow
Scoop.it!

Breakdown Lane Accidents in Rhode Island | Slepkow Law

Breakdown Lane Accidents in Rhode Island | Slepkow Law | Rhode Island Personal Injury Attorney | Scoop.it
Call RI breakdown Lane Car Accident Personal Injury Attorney Attorney David Slepkow 401-279-0004. Providence auto crash lawyers
David Slepkow's insight:

When a driver needs to pull off onto the side of the roadway in Rhode Island, they often place their lives and the lives of their passengers in grave danger. While many courteous drivers in RI provide ample space for the disabled motorist parked along the side of the road, others are driving distracted or impaired by drugs or alcohol. Every year, many victims lose their lives in breakdown lane accidents in Rhode Island when other passenger cars and commercial trucks crash into vehicles disabled in the side lane.

Breakdown Lane collision

The breakdown lane in Providence, Warwick, Pawtucket or Woonsocket is one of the most unsafe places to be on the roadway especially on 95S Or 95N when irresponsible drivers break the law. Often times, victims are hit when drivers use the breakdown lane to pass other motorists on the right. However, these lanes were never designed to be a high-speed or express alternative to move quicker through slow traffic or to make entering or exiting a roadway easier.

Using the Lane Safely to avoid accidents

The breakdown lane is constructed into the road system to provide a safe area when anything goes wrong with the vehicle. However, using the lane properly requires good judgment and following safety rules to ensure the driver and passengers remain protected. These safety tips include:

• Vehicle Maintenance – Keeping the car or truck well maintained minimizes the potential of breaking down.

• Keep Moving If Possible – Many highways are dangerous areas that should be avoided during a break down. If the vehicle / auto does not have a flat tire or dead engine, consider moving through an off ramp to a safer location if possible.

• Pulling Over – It is essential to pull the vehicle or pickup truck over on the breakdown lane as far as possible to stay away from passing traffic.

• Raise the Hood – Opening and raising the motor vehicles vehicle’s hood is a recognized international distress sign requesting “help” from others.

• Exit on the Safe Side – If the driver or any passenger exits the automobile or truck, it is essential to get out on the side not facing oncoming traffic. This minimizes the potential of being hit by other cars or trucks moving on the roadway.

• Use Flashing Lights and Flares – Turning on the vehicle’s flashing lights is an effective warning to passing vehicles as our flares positioned 50 to 100 feet directly behind the disabled vehicle. However, it is important to use lit flares carefully.

• Stay behind Railing – If weather and roadway conditions allow, the driver and passengers of the car should exit the vehicle to stand behind a roadway guardrail or any barrier that provides additional protection.

• Avoid the Traffic – Crossing a high-speed freeway on foot can be catastrophic. Instead, avoid the traffic, sit tight and wait for help to arrive.

Staying alive after pulling off the roadway in Rhode Island and Providence Plantations and into the breakdown lane requires common sense. It is best to use good judgment and make smart decisions to protect yourself and any passenger in the vehicle.

Using the emergency lane in Warwick, Cranston, or Providence for anything other than an emergency is often not a wise decision. This is because it often requires the driver to reenter moving traffic at excessive speed, which increases the risk of having a breakdown lane accident.

Injuries and Fatalities in Rhode Island vehicular collisions

Legal action is often required in Providence Superior Court when a motorist suffers serious injuries or is killed in a breakdown lane through the negligent actions of others. The victim or surviving family members might have the right to file a claim or lawsuit for compensation against all irresponsible drivers or other third parties at fault for the emergency lane accident.

A skilled RI car accident attorney who specializes in cases involving breakdown lane accidents can build a case for compensation to cover medical expenses, lost wages, rehabilitation expenses, replacement or repair of the vehicle, funeral and burial costs, pain and suffering.

No comment yet.
Scooped by David Slepkow
Scoop.it!

Whiplash, Soft Tissue Injury and Common Types of Injuries from a RI Vehicular Crash

Whiplash, Soft Tissue Injury and Common Types of Injuries from a RI Vehicular Crash | Rhode Island Personal Injury Attorney | Scoop.it
Hurt in a RI Car crash? Seek medical treatment and retain a good East Providence area automobile accident attorney / RI Personal Injury lawyer
David Slepkow's insight:

There are hundreds of different types of injuries that could result from a car or motor vehicle accident in Rhode Island. These range from your standard whiplash type injury to paralysis. Although this article is focused on car wrecks, the premises of this article certainly apply to other types of crashes involving: motorcycles, bicycles, pedestrian accidents or tractor trailers.

Whiplash and soft tissue injury

In this Personal injury post, I will spotlight some of the more common types of injuries resulting from a Providence, Cranston or Warwick motor vehicle accidents. If you were injured, it is important that you seek medical treatment with you primary care doctor. Your physician may refer you to physical therapy, massage therapy or a chiropractor. Some people perfer to go to urgent care. If you are seriously injured, then you should leave the scene in an ambulance or immediately go to the emergency room.

Auto accident fatality

Sadly, some automobile accidents cause a fatality.  If the auto, truck, motorcycle, bike or car wreck was fatal / deadly then you should review this wrongful death post  I authored and contact a Rhode Island wrongful death attorney. “Key Provisions in RI Wrongful Death Law by a Rhode Island Attorney” http://www.ripersonalinjurylaw.com/key-provisions-ri-wrongful-death-law/

I want to emphasize that if you were hurt in a RI Car crash it is imperative that you seek medical treatment and retain a good East Providence area Automobile accident attorney.   An experienced RI Personal Injury Lawyer will give you sound legal advice on how to proceed with your negligence cause of action and how to be properly compensated by the tortfeasor at fault and liable for the collision. The focus of this article is not the type of damages you may be entitled to as a result of the mishap. If you are interested in damages such as lost wages, pain and suffering, disability, permanency and disfigurement then please visit: http://www.rhodeislandcriminallawlawyer.com/

Soft tissue injury- whiplash

Whiplash neck, shoulder and back injuries are the most common types of injuries that we as Rhode Island negligence attorneys see on a day to day basis. Insurance companies often attemp to deny these soft tissue claims, asseting that the injury is fictional or that the person is exaggerating the symptoms.

Neck strain is often just called whiplash. Although it’s usually associated with car accidents, any impact or blow that causes your head to jerk forward or backward can cause neck strain. The sudden force stretches and tears the muscles and tendons in your neck.” http://www.webmd.com/back-pain/neck-strain-whiplash

Traumatic brain injury

If you suffered a traumatic head or brain injury as a result of a truck, motorcycle or bicycle accident then it is crucial that you retain a soilicitor who is experienced with head injuries. Traumatic brain injury (TBI) is a serious public health problem in the United States. Each year, traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability. Every year, at least 1.7 million TBIs occur either as an isolated injury or along with other injuries.”

“A TBI is caused by a bump, blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury.”  http://www.cdc.gov/traumaticbraininjury/

Scarring and disfigurement:

“Scarring and disfigurement, particularly in the facial area, can diminish career growth, prevent future employment opportunities, ruin social lives and marriage arrangements, and result in lifelong emotional pain. Even if scarring and disfigurement does not cause any practical restrictions in bodily movement or performance, legal action can be taken to recover damages.” http://www.legalmatch.com/law-library/article/scarring-and-disfigurement-lawsuits—an-overview.html

Burn injuries 

“Burn injuries can result in scarring, disfigurement, nerve damage, depression, limb loss, and other emotional and physical injuries. Burn injuries are often counted among the most painful kinds of injuries that a person can experience. Severe burn injuries can mean months or even years out of work, or even permanent disability.” http://www.marylandinjurylawyer.net/burn-injuries.html

Spinal Cord Injuries 

“Spinal cord injuries result from damage to the vertebrae, ligaments or disks of the spinal column or to the spinal cord itself. A traumatic spinal cord injury may stem from a sudden, traumatic blow to your spine that fractures, dislocates, crushes or compresses one or more of your vertebrae. It also may result from a gunshot or knife wound that penetrates and cuts your spinal cord. Additional damage usually occurs over days or weeks because of bleeding, swelling, inflammation and fluid accumulation in and around your spinal cord. “  http://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/basics/causes/con-20023837

Broken or fractured bones:

 “The following are common causes of broken bones:

  • Fall from a height
  • Motor vehicle accidents
  • Direct blow
  • Child abuse
  • Repetitive forces, such as those caused by running,     can cause stress fractures of the foot, ankle, tibia, or hip”

http://www.nlm.nih.gov/medlineplus/ency/article/000001.htm

“The shoulder is made up of three bones and three separate joints. It takes very little for the delicate area to become injured in an auto accident. Shoulder pain after a car accident can become an ongoing problem for the accident victim. Persistent shoulder pain can cause a person to miss out on work following a vehicle accident. A shoulder injury after a car accident is quite common for auto accident victims. The importance of getting the right treatment”

Rotator cuff injury

“Treating the injury promptly after it occurs is the key to protecting the person from further injury. When a person experiences something like rotater cuff pain, the condition can worsen overtime if not diagnosed and treated. If a person has a rotator cuff injury, complications can occur if the person doesn’t get the right treatment. Web MD is a great resource if you need medical information regarding”  http://pain.aftercaraccident.net/shoulder-pain/

Article By a RI Personal Injury Lawyer David Slepkow 401-437-1100

No comment yet.
Rescooped by David Slepkow from Car Wreck Lawyer
Scoop.it!

Are you in good hands? Not if you get hit by someone with Allstate, victims say | WSB-TV

Are you in good hands? Not if you get hit by someone with Allstate, victims say | WSB-TV | Rhode Island Personal Injury Attorney | Scoop.it
In its television commercials, "Mayhem" pitchman says Allstate will better protect you. But what if you're hit by an Allstate client? ...
Via Alex Hernandez Jr.
No comment yet.
Scooped by David Slepkow
Scoop.it!

Rhode Island Stair accident and Staircase Mishap Attorney

Rhode Island Stair accident and Staircase Mishap Attorney | Rhode Island Personal Injury Attorney | Scoop.it
Injured? Call RI Slip and fall Attorney, David Slepkow 401-437-100. Premises Liability and Stair accident in Providence, Rhode Island.
David Slepkow's insight:

There are many stair and stairwell  fall accidents in Rhode Island during the course of a calendar year. Stair accident Liability is regulated under the same laws and rules for other RI slip and fall mishaps. Common injuries from falling down stairs include fractures, concussions and other injuries.

RI stair accident lawyers

Nonetheless, stairway or stairwell accidents require special considerations which tend to make them more complicated than a slip and fall on ice or falls on slippery substances near a salad bar.  A top RI slip and fall lawyer will battle the insurance company to get you the money you are entitled to.In order to get the settlement that you are entitled to, you must immediately retain one the best personal injury attorneys in RI.

Stair mishap or plummet down a staircase

Under Rhode Island law, it is necessary to prove that the landowner or landlord is negligent and at fault for a stair mishap or plummet down a staircase in order for a victim to be compensated for her injuries. In the event of a fall on an elevator, escalator, ramp or incline it is important to speak with a top Providence Slip and fall lawyer with lots of experience dealing with falls on stairs.

Property owners such as fast food restaurants, malls, stores, parks and museums are expected to provide proper warning of wet, damp or slippery floors or a flight of stairs on their premises if they knew or should have known of the hazard. In cases when the floor has been recently mopped, cleaned or waxed and is still wet or slippery then owners must put up adequate signage warning of the dangerous condition.

Unevenly applied wax

In some instances appropriate action may be blocking off the dangerous, icy, slimy or oily area or steps to prevent customers from taking a spill or face plant on the property. A recent waxing or application of wax on a floor could create problems if wax was applied unevenly or haphazardly. The most common areas for slip and fall resulting in serious injury or death is: arenas, stadiums, theaters, parks, playground, construction sites, shops and retail stores.

Stair accident

According to the National Safety council: Most common locations for falls:
• Doorways • Ramps • Cluttered hallways • Areas with heavy traffic• Uneven surfaces • Areas prone to wetness or spills Most common locations for falls to another level: • Unguarded heights • Unstable work surfaces• Ladders • Stairs”  NSC 

Tumble down stairs

In order for a landowner to be responsible to pay damages for an injury resulting from a tumble, fall, descend or topple down wet, defective or damaged stairs, the injured person must prove:

  • The landowner, landlord, property manager or their agent / employees knew of the defective or unreasonably dangerous condition on the premises (supermarket, apartment complex or department store) but did not take appropriate steps to remedy or fix the defective condition.
  • If the owner, agent or employees exercised reasonable diligence they should have known that the stairs in the parking lot area were dangerous and should have taken appropriate action to remedy the dangerous condition on the stairs.
  • The property owner or employee caused the defective condition or dangerous condition. For example, a waiter at a restaurant spills water, soda or beer on the stairs and then does not towel dry the staircase or put up a warning sign. If a restaurant patron is injured as a result of sliding on such liquid then the restaurant is at fault for such accident. In this event, the restaurant is liable for the failure of its employee to warn of the water or liquid substance on the stairs and failure to put up a caution sign or otherwise attempting prevent such calamity.

common injuries from falling down stairs

In the event of an employee tripping, plunging down or slipping at their place of employment, while working, then the injured worker may have a Rhode Island workers compensation claim. Workers compensation in RI is a no fault system in which the injured employee is not required to prove negligence on behalf of his or her employer.
In the event that you are injured while in the scope of your employment then you should hire a top Providence workers compensation lawyer.

Fatal stair accident

The Bureau of Labor Statistics stated: “A preliminary total of 4,405 fatal work injuries were recorded in the United States in 2013, lower than the revised count of 4,628 fatal work injuries in 2012, according to results from the Census of Fatal Occupational Injuries (CFOI) conducted by the U.S. Bureau of Labor Statistics. The rate of fatal work injury for U.S. workers
in 2013 was 3.2 per 100,000 full-time equivalent (FTE) workers, compared to a final rate of 3.4 per 100,000 in 2012.”  Source

Factures and stairwell accidents

The following types of injuries may result from a slip and fall: herniated disk, broken / fractured bone, back, neck, foot, spinal cord injury, leg injury or traumatic brain injury (tbi).

“A slip and fall or trip and fall cause of action usually involves the property owners or occupants failure to maintain the real estate in a safe manner. It can also involve failure to fix an unreasonably dangerous conditions on the property of which they either knew or should have known about. Premises liability in Rhode Island is not just limited to slip and fall but also includes: dog bites, tripping on uneven surfaces, asbestos exposure, mesothelioma, lead paint exposure, Inadequate security measures enabling assaults,falling merchandise, Sidewalk or roadway defects, Poorly lit stair cases, falling debris, hanging hazards, swimming pool liability, balcony or deck collapses, carbon monoxide leaks, iced entrance ways, slippery or obstructed floors, electric shock due to exposed electric wiring” http://www.slepkowlaw.com/slip-fall-articles.

Duty owed

The RI Supreme Court sitting in Providence adopted the “Connecticut rule” when the TOP Court ruled “…landlord or business invitor owes a duty to a tenant or business invitee to use reasonable care to see that the common areas are kept reasonably safe from the dangers created by an accumulation of snow and ice which is attributed to purely natural causes.” BERARDIS v. LOUANGXAY et al 969 A.2d 1288 (2009) http://www.ripersonalinjurylaw.com/ri-slip-fall-personal-injury-attorney-falls-ice-snow/

Mix of rain and snow- slippery conditions

“In her deposition testimony, plaintiff averred that the weather was a mix of rain and snow and that the roads were wet. Greenberg‟s office was accessible by a pair of ramps, as well as by a set of stairs. The plaintiff used the ramps because she was ambulating with the aid of crutches, and her left foot was in a soft cast. Sullo alleged that, after ascending the two ramps and walking across a wooden walkway towards the office door, her left crutch slipped on the wet wood, causing her to fall hard on her left leg and foot. In her complaint, plaintiff claimed that she had slipped on accumulated snow, but during her deposition she testified that the wood surface was wet from rain and snow but was not “slushy.” Quote from Patricia Sullo : v. : David Greenberg.  CourtRI The plaintiff alleged permanent injury as a result of the RI Slip and fall on the ramp.

Comparative negligence in Rhode Island slip & fall

Rhode Island has adopted comparative negligence law. The insurance company regularly uses this defense to attempt to undermine the victim’s RI premises liability cause of action. The liability insurance company regularly asserts that the victim was not paying proper attention as a result of carelessness or distraction. If the person could clearly see the sheet of ice and collapses when they lose their footing, the indemnity company will assert that the pedestrian was negligent, comparatively negligent.
If you were injured in a pedestrian accident in Providence , Pawtucket or East Providence then you should retain a Rhode Island Pedestrian accident attorney,

Warwick slip and fall lawyer

A good Warwick Rhode Island slip and Fall lawyer will minimize the injured victims culpability for the fall and establish crucial facts to establish the negligence of the tortfeasor. The following could constitute comparative negligence reducing a settlement or injury verdict

  • texting while walking,
  • web surfing and walking
  • pedestrian distractions
  • running,
  • horseplay,
  • rushing
  • not properly paying attention

Pure Comparative fault 

“1) Rhode Island is a pure comparative Fault state. This means that even if someone is more than 50 percent at fault for a RI Auto Accident or premises liability claim, they can still seek compensation for their injuries. In other words, if a motorist is 99 percent liable for an auto crash they can obtain 1 percent of their damages, pain and suffering, medical bills and disability.”  Source 

§ 9-20-4 Comparative negligence

Here is the law for comparative fault in RI: § 9-20-4 Comparative negligence. – In all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the property. Information 

“The surface can be tested to identify if it is above or below accepted levels of slip resistance thresholds.” http://en.wikipedia.org/wiki/Slip_and_fall

Sadly, some falls result in a fatality. This leaves the spouse, children or loved ones of the deceased mourning the death of their family member and considering wrongful death litigation in Providence Superior Court. In some instances as a result of malfeasance, reckless actions or a careless landlord, a person could tumble, nosedive or topple down a set of stairs.

RI law: Duty owed by business

“This rule, as we apply it, provides that a landlord or business invitor owes a duty to a tenant or business invitee 1292*1292 ”to use reasonable care to see that the common areas are kept reasonably safe from the dangers created by an accumulation of snow and ice which is attributed to purely natural causes.” Id. at 772, 279 A.2d at 440 (adopting the Connecticut Rule in the landlord-tenant context); see also Terry v. Central Auto Radiators, Inc., 732 A.2d 713, 716 (R.I.1999) (extending rule to business invitor-invitee relationship). The landlord or invitor, however, must be afforded “a reasonable time after the storm has ceased to remove the accumulation.” Benaski, 899 A.2d at 503 (quoting Fuller, 108 R.I. at 774, 279 A.2d at 441). Therefore, as a general rule, any duty to clear a natural accumulation of ice and snow is not triggered before a reasonable time after the storm ends. Id. Under unusual circumstances, however, the duty to remove the accumulation may arise before the end of the storm. Terry, 732 A.2d at 717.” Quote from : BERARDIS v. LOUANGXAY et al 969 A.2d 1288 (2009)

  • Standard Test Method for Determining the Static Coefficient of Friction of Ceramic Tile and Other Like Surfaces by the Horizontal Dynamometer Pull-Meter Method (Withdrawn 2014)  ASTM
  • Falls are one of the leading causes of unintentional injuries in the United States, accounting for approximately 8.9 million visits to the emergency department annually (NSC Injury Facts 2011).
  • The national Safety Council states : “Adults 55 and older are more prone to becoming victims of falls, and the resulting injuries can diminish the ability to lead active, independent lives. The number of fall deaths among those 65 and older is four times the number of fall deaths among all other age ”  NSC
  • “A Scott County jury awarded a woman who slipped and fell on ice at a Quad-City hotel $1.2 million on Friday. Brenda Alcala, 54, of Dallas stayed at the Courtyard by Marriott Bettendorf when she fell on an icy private sidewalk Jan. 21, 2010, according to her attorney, Mike Bush.” Qc Times
  • “$2.38 million SETTLEMENT, personal injury. A 72-year-old woman suffered a severe spinal injury occasioned by a trip-and-fall on an uneven public sidewalk. Liability was highly contested in that the injured party had walked on this sidewalk almost daily for more than 25 years and there were few prior injuries at the location”  Source
  • “Special types of stairs include escalators and ladders. Some alternatives to stairs are lifts (US:elevators), stair lifts and inclined moving walkways as well as stationary inclined pavements (US:sidewalks).” http://en.wikipedia.org/wiki/Stairs

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

No comment yet.
Rescooped by David Slepkow from California Personal Injury Attorney Information
Scoop.it!

Lawsuit at Cal State Fullerton Leads to Calls for Strengthening Hazing Laws

Lawsuit at Cal State Fullerton Leads to Calls for Strengthening Hazing Laws | Rhode Island Personal Injury Attorney | Scoop.it
The parents of Bea Castro, a 19-year-old Cal State, Fulletron student who died from acute ethanol intoxication in March of 2018 during a hazing incident,

Via Steven M. Sweat
No comment yet.
Rescooped by David Slepkow from California Personal Injury Attorney Information
Scoop.it!

Walking Dead Stuntman At Fault Says AMC At Wrongful Death Trial –

Walking Dead Stuntman At Fault Says AMC At Wrongful Death Trial – | Rhode Island Personal Injury Attorney | Scoop.it
“Unfortunately, the evidence will show that John Bernecker made a mistake,” AMC attorney David A. Dial said Tuesday in opening arguments for the wrongful death trial of The Walking Dead stuntman, w…

Via Steven M. Sweat
No comment yet.
Rescooped by David Slepkow from California Car Accident and Injury Attorney News
Scoop.it!

Viacom, producers of David Spade's show sued for wrongful death

Viacom, producers of David Spade's show sued for wrongful death | Rhode Island Personal Injury Attorney | Scoop.it
The lawsuit was filed by parents who claim they allowed an accountant for the Comedy Central show to drunkenly get behind the wheel and kill their son.

Via Steven M. Sweat
Steven M. Sweat's curator insight, September 23, 2019 6:46 PM

This wrongful death lawsuit alleges that the producers of the David Spade show allowed consumption of alcohol at their event and encouraged people to drive to and from the event by offering valet service.  A similar allegation was made and upheld recently by the California Court of Appeal and I discussed this in a recent blog post here: https://www.californiaaccidentattorneysblog.com/can-employer-liable-employee-drinking-driving/

 

Rescooped by David Slepkow from Personal Injury Attorney News
Scoop.it!

Uber Insurance Claims: How Does the Process Work? -

Uber Insurance Claims: How Does the Process Work? - | Rhode Island Personal Injury Attorney | Scoop.it
Understanding Uber Accident Claims As much as you may depend on Uber to help you get around the Clearwater area at a reasonable cost, the risks are always there with the company’s drivers. While Uber continues to refine their vetting process, anything can happen; often, the result is a

Via Matthew A. Dolman
Matthew A. Dolman's curator insight, March 18, 2019 2:06 PM

As much as you may depend on Uber to help you get around the Clearwater area at a reasonable cost, the risks are always there with the company’s drivers. While Uber continues to refine their vetting process, anything can happen; often, the result is an accident. Unfortunately, we’ve seen far too many ridesharing accidents occur in South Florida.

 

What makes the aftermath worse is dealing with insurance claims. Would you know what to do if you’re in an Uber accident and need to fill out a claim? You’ll want to know what to do, whether you’re an Uber driver, a passenger, or a pedestrian hit by one of their drivers.

(click on this article to learn more)

 

https://www.dolmanlaw.com/uber-accident-attorney/

Rescooped by David Slepkow from Personal Injury Attorney News
Scoop.it!

The Most Common Causes of Commercial Vehicle Accidents -

The Most Common Causes of Commercial Vehicle Accidents - | Rhode Island Personal Injury Attorney | Scoop.it
Semi-Truck Accident Major Causes According to the Federal Motor Carrier Safety Administration (FMCSA), 415,000 reported crashes involved commercial vehicles in the United States in 2015. Those accidents resulted in a total of 3,852 fatalities, a 22 percent increase from similar crashes in 2009. Surprisingly, 60 percent of crashes involvin

Via Matthew A. Dolman
Matthew A. Dolman's curator insight, March 8, 2019 10:39 PM

Causes of Commercial Vehicle Crashes

As drivers, commercial truckers are generally considered above-average, but federal data indicates that their errors, mistakes, and negligence contribute to more than half of all truck crashes. In this regard, the most commonly cited crash-related factors in the FMCSA’s 2005 Report to Congress on the
Large Truck Crash Causation Study
 follow. (Note: Some crashes involved more than one factor.)

  • Vehicle: brake problems – 29 percent
  • Driver: Travelling too fast for existing conditions – 23 percent
  • Driver: Unfamiliar with roadway – 22 percent
  • Environment: Roadway problems – 20 percent
  • Driver: Over-the-counter drug use – 17 percent
  • Driver: Inadequate surveillance – 14 percent
  • Driver: Fatigue – 13 percent
  • Driver: Felt pressure from carrier – 10 percent
  • Driver: Illegal maneuver – 9 percent
  • Driver: Inattention – 9 percent
  • Driver: External distraction – 8 percent
  • Vehicle: Tire problems – 6 percent
  • Driver: Following too close – 5 percent
  • Driver: Jackknifed – 5 percent
  • Vehicle: Cargo shift – 4 percent
  • Driver: Illness – 3 percent
  • Driver: Internal distraction – 2 percent
  • Driver: Illegal drugs – 2 percent
  • Driver: Alcohol – 1 percent

In many cases, the FMCSA identified “brake problems” as an “associated problem” rather than as the “main problem” that caused the crash. Examples included crashes in which the driver drove too fast for existing conditions and cases in which the driver lacked familiarity with the roadway.

(click on this article to learn more)

 

https://www.dolmanlaw.com/legal-services/truck-accident-attorneys/

Scooped by David Slepkow
Scoop.it!

Hernia Mesh Allergy and How the Body Responds | Mesh Allergy Complications

Hernia Mesh Allergy and How the Body Responds | Mesh Allergy Complications | Rhode Island Personal Injury Attorney | Scoop.it
When patients undergo an operation to repair a hernia, oftentimes doctors will insert mesh in order to assist with fixing the weakness. This mesh is stitched in as a means of repair. However, this mesh is a foreign substance that is being implanted into the body. In some instances, patients’ bodies have had an adverse …
David Slepkow's insight:

When patients undergo an operation to repair a hernia, oftentimes doctors will insert mesh in order to assist with fixing the weakness. This mesh is stitched in as a means of repair. However, this mesh is a foreign substance that is being implanted into the body. In some instances, patients’ bodies have had an adverse allergic relation to the insertion of this mesh. This reaction can be prolonged and can lead to additional side effects. There have been numerous mesh lawsuits that have been filed by patients who have suffered prolonged allergic reactions to hernia mesh. If you have suffered such a reaction, you should immediately contact an attorney to have a conversation about your legal options.

WHAT IS A HERNIA?

A hernia is when a patient’s internal organs or tissue end up bulging through the muscle and into the abdominal wall or groin. Left untreated, a hernia will likely get worse over time. The symptoms can deteriorate and lead to more serious complications if it is not fixed. Hernias are fixed by returning the organs to their original place. This is generally done through a small incision and minor surgery. The patient is able to return home the same day as the procedure. According to the FDA, there are over a million hernia operations performed in the United States every year.

There are several different types of hernia operations. One of the hernia operations is a hernioplasty, which involves a mesh repair of the hernia. In this procedure, the surgeon will cover the open muscle as opposed to stitching it shut. The muscle will be covered with a mesh. After the surgeon makes several small incisions, the mesh is sewn onto the healthy surrounding muscle. The mesh will strengthen the weaker areas and stronger muscles will grow around the mesh and gradually heal the hernia.

WHAT IS HERNIA MESH AND HOW IS IT USED?

Hernia mesh is a type of surgical mesh. These are in the form of a sheet and are made out of various materials. The most common type of hernia mesh is made out of polypropylene. This is a synthetic resin that is generally used in ropes and fabrics. Polypropylene is a manufactured substance that has chemical as well as physical properties. There are also meshes that are biological and degrade over time. Some meshes are made out of animal tissue, which makes them more compatible with the human body. The use of hernia mesh has increased exponentially since 1980 and this product is now used in the overwhelming majority of hernia surgeries performed in the United States today.

SIDE EFFECTS FROM HERNIA MESH

The insertion of a foreign object into the body has the possibility to cause side effects. Some surgical meshes, such as transvaginal mesh, have caused severe side effects for patients who have had them implanted. There are more severe side effects of hernia meshes including infection and bowel obstruction. In addition, the mesh can shift position in the body causing additional complications. One of the possible side effects is an allergic reaction to the mesh. Since the mesh is made of polypropylene, it is possible that the body may not receive the mesh without a reaction.

Allergic reactions can be classified into different categories. There are minor reactions that generally feature inflammation at the site of the mesh as well as other difficulties in healing including:

  • Burning at the mesh site
  • Fluid buildup
  • Itches and rash
  • Flu-type symptoms and a cough or cold

There are also prolonged and adverse allergic reactions to the mesh. Sometimes, this reaction can lead to intense abdominal pain at the mesh site. While this reaction may be short-term, sometimes it is a pronounced problem that does not resolve itself. At a certain point, symptoms of the allergic reaction can reach the point where they are life-threatening. In a worst-case scenario, patients may require additional surgery to remove the mesh and either insert a different type of mesh or repair the hernia a different way.

COSTS AND EXPENSES FROM SIDE EFFECTS

When one experiences symptoms from an allergic reaction to a hernia mesh, the costs go beyond just the pain and suffering. There are also medical expenses from the additional care that is needed to deal with the problem. In addition, there is also possible lost wages or use of sick leave if one cannot go to work due to the pain. In addition, there may be emotional distress from the complications and a spouse can suffer damages as well.

Physiomesh is one of the types of hernia meshes that was previously on the market. It was manufactured by Johnson & Johnson. In 2016, there was a worldwide voluntary market removal issued for Physiomesh. The market removal was due to a high rate of recurrence of hernia among patients who received the mesh as well other complications.

LAWSUITS AGAINST MANUFACTURERS

There is an increasing number of Physiomesh lawsuits filed against manufacturers of these hernia meshes. According to the Legal Examiner, at the start of 2018, there were over 500 Physiomesh open lawsuits filed against manufacturers of the product and the number has been increasing. Currently, these cases are a part of multi-district litigation that is pending in the Northern District of Georgia. This is not class action litigation, but these cases have currently been joined together for the discovery phase of the legal proceedings. The cases have been recently filed and just began discovery in 2018. This phase generally takes several years and is also accompanied by expert witness discovery, which will take the better part of 2019. Accordingly, these cases are still very much in their early phases.

If you have had a hernia surgery and have had hernia mesh implanted and are experiencing side effects, it is critical that you seek legal counsel as soon as possible. A lawyer can assess the facts of your case and let you know of your legal options as well as your prospects of achieving a legal recovery in your case.

Sources:

https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/herniasurgicalmesh/default.htm

http://www.mondaq.com/canada/x/655360/Healthcare/Hernia+Mesh+Complications+Allergy+To+Mesh+And+The+Bodies+Response

https://f1000research.com/articles/6-685/v1

No comment yet.
Scooped by David Slepkow
Scoop.it!

3M Military Earplug lawsuit | What you need to know - Slepkow Law (Est. 1932)

In 2018, 3M settled a lawsuit brought against it on behalf of the United States Government under the False Claims Act for $9.1 million. The company was facing claims that it fraudulently billed the federal government for defective earplugs that it provided for use in combat. This amount was paid to the federal government as …
David Slepkow's insight:

In 2018, 3M settled a lawsuit brought against it on behalf of the United States Government under the False Claims Act for $9.1 million. The company was facing claims that it fraudulently billed the federal government for defective earplugs that it provided for use in combat. This amount was paid to the federal government as opposed to the servicemembers who were damaged by the earplugs that failed to work. Below is more information that you need to know about the earplugs and the legal process that has unfolded in the wake of revelations that these earplugs are allegedly defective.  If you are interested in filing a military earplug lawsuit contact us.

The Qui Tam  Lawsuit  a precursor  to the military earplug lawsuits.

The False Claims Act provides relief for taxpayers in the event that the government is overcharged or fraudulently billed in any way. This statute applies in a wide variety of situations from requests for reimbursement filed pursuant to Medicare to any goods or services that are sold to the federal government. This law dates back to the time of the Civil War, when profiteering and outright fraud resulted in large damages to the federal government. The False Claims Act provides that those who defraud the federal government may pay as much as three times the damages that are caused to the government. This is meant to deter those that would attempt to defraud the government and can be a large potential source of liability for government contractors. 

Much of the damages that have been collected by the government have actually not been the results of lawsuits that have been brought by the federal government. Instead, these suits are filed by whistleblowers acting as “private attorney generals.” Their incentive to bring these legal actions is that they receive 15 to 25 percent of the money recovered if the lawsuit is successful. The government has the option to take over the lawsuit after it has been filed. If it does not elect to do so, the whistleblower prosecutes the lawsuit to its conclusion. This is known as a qui tam lawsuit, and the policy is these types of actions are actually encouraged since they are a net positive for society. 

Who Filed the Qui Tam Lawsuit? 

In this event, the lawsuit was filed by a company named Moldex-Metric. There are very few restrictions on who can be a whistleblower under the False Claims Act. Here, the whistleblower was a competitor of 3M in the earplugs space. The two companies have a long history of being litigious and bitter competitors. 3M purchased the company that was the original designer and manufacturer of these earplugs in 2008 and assumed the possible liabilities when it did so. The two companies have fought patent and antitrust lawsuits. Moldex-Metric had knowledge that these earplugs were defective in the manner that will be described below. In addition, Moldex-Metric alleged that 3M knew of this defect and went out of its way to conceal it. According to the qui tam lawsuit, 3M’s own tests revealed that these earplugs were defective, yet the company falsified the required certifications that stated that the product complied with military standards. The lawsuit further alleged that 3M knew that these products were defective six years before it even sold a pair of earplugs to the military. 

In effect, Moldex-Metric was bringing a product liability lawsuit against 3M on behalf of the Defense Logistics Agency. Moldex-Metric had a motivation to gain the upper hand against its competitors by demonstrating the public that 3M’s product was defective. Selling earplugs to the government is a lucrative market given the number of soldiers that must be outfitted with these implements. Conceivably, if 3M was found to have defrauded the federal government, than Moldex-Metric would stand a much better chance of receiving future business from the federal government since the government would be less likely to purchase 3M’s products. In this case, however, 3M stopped manufacturing these specific earplugs in 2015. 

Moldex-Metric had filed this lawsuit in May 2016 on behalf of the Defense Logistics Agency, who purchased the earplugs for the federal government. DLA is often the Department of Defense agency that purchases products for use by the entire Defense Department. The federal government took over the conduct of the lawsuit. Eventually, the Department of Justice elected to enter into a settlement with 3M. In the settlement, 3M agreed to pay $9.1 million to the United States Government. The court stated that half of the suit was restitution and the other half was punitive damages. The federal government has unlimited discretion to settle a lawsuit, and it is continually weighing its chances of success in the lawsuit against the amount that it can recover. Many times, the government will settle for less than the full amount of damages in order to avoid a lengthy and resource-draining trial. 

Where Does the Qui Tam Settlement Money Go? 

The bulk of the settlement was received by the federal government. The settlement specified the percentage of the settlement that the whistleblower was to receive. In this instance, Moldex-Metric was awarded $1.9 million for filing the lawsuit. In addition, $645,000 was paid to relator’s counsel for their legal fees and expenses. After the whistleblower and their attorney was paid, the balance of the settlement went to the federal government. Generally, these monies are deposited into the agency’s settlement fund. In some instances, the monies are deposited with the United States Treasury. This money is meant to compensate the taxpayer for the fraud perpetrated on the general public and is not distributed to the individual veterans who may have been harmed. Servicemembers who have been impacted by the purportedly defective product must both file for veterans benefits as well as wage their own legal battle against the manufacturer of these earplugs. 

Why Are These Earplugs Alleged to Be Defective? 

The specific defect that is alleged with these earplugs relate to them not being the proper size. The problem is that these earplugs have been claimed to be too short on both ends of the earplugs. The inadequate size means that they are prone to move in the ear canal. When that happens, the earplugs provide less protection than they would if they had remained in place since they cannot provide the tight seal that is necessary to preserve the user’s hearing. The earplugs need to be in the ear canal in order to provide the protection that soldiers need. 

When these earplugs have moved, servicemembers have suffered various side effects that have impacted their hearing. Some veterans have experienced hearing loss that has ranged from partial to severe. Other servicemembers have been diagnosed with a condition called tinnitus, which will be described below. In fact, hearing problems are the most common disability for veterans to have and costs the United States Government billions of dollars in disability payments and care expenses for those who have these conditions. There are nearly 1.3 million veterans who suffer from tinnitus and another 1.1 million who have some form of hearing loss. Of course, not all of these veterans have experienced damage to their hearing from defective earplugs, but this issue certainly has served to increase the number of veterans who have suffered this damage. 

What is Tinnitus? 

Tinnitus is otherwise known as ringing in the ears. It can be caused by either a sudden loud blast or prolonged exposure to loud noises. These are the most common causes of tinnitus, although there may be other factors that are responsible for it. The truth of the matter is that, in a deployment environment, there could be a variety of things besides loud noises that can impact a servicemember’s well-being to the point where they experience tinnitus. 

Tinnitus is an uncomfortable and difficult sensation that can cause serious ongoing psychological and health issues. Many people suffer from this condition, but more severe cases can be extremely debilitating. Tinnitus may be associated with hearing loss, but one can suffer from this condition and have their hearing remain perfectly intact. Often, tinnitus is the first sign that one is experiencing hearing loss. 

Among veterans, the number of reported cases of tinnitus has skyrocketed as the United States has fought two wars this century. Military.com states that over 150,000 veterans were diagnosed with the condition just in 2015 and the number grows each year. The American Tinnitus Association reports that the number of veterans who file claims for tinnitus increases by 15 percent each year, but the rate of growth may eventually slow as foreign wars wind down and fewer servicemembers are deployed. The Veterans Administration keeps over 1,000 audiologists on staff at various locations across the country to help treat these disabled servicemembers. 

Tinnitus can be treated with many different types of therapies. There currently is no cure for this condition, but much research is being done towards that end. Some treatments currently in use focus on attempting to get the brain to stop sending the signal to the brain. One possible treatment that is being tested is a nerve implant that can send a signal to retrain the brain since tinnitus is partly a neurological condition. However, this treatment, if approved and effective, would be expensive given that it would require an invasive procedure. 

How Defective Earplugs Can Cause Tinnitus 

Defective earplugs can cause tinnitus by failing to protect the servicemember from loud sounds to which they may be exposed. While tinnitus is usually caused by prolonged exposure to these sounds, all it can take is one loud noise to permanently cause the condition. When soldiers are deployed, the loud noise would generally come from some sort of explosion. Earplugs need to be completely in the proper position to provide the maximum possible protection for a soldier. Earplugs that have shifted are ineffective and fail to provide the proper amount of protection. When earplugs are not long enough on either end, they stand a larger chance of shifting out of place. 

Product Liability Lawsuits Against 3M  | Combat arms earplug lawsuit

In addition to the qui tam lawsuit that 3M settled, there have been numerous other private lawsuits that have been filed against 3M. Given the sheer number of veterans who were given these combat earplugs to use while deployed, the volume of claims against 3M could be staggering by the time this litigation reaches its conclusion. While 3M was not required to admit liability for the defective earplugs as part of the terms of its settlement with the federal government, the company is likely facing a large amount of liability should it be found to be legally responsible for the condition that the veterans have suffered. This liability would far outweigh the amount of profits that 3M has realized from the sale of these earplugs. 

There is the potential for tens of thousands of veterans to file suits against 3M for the defective earplugs. 3M’s contract with the federal government called for it to provide approximately 750,000 pairs of these earplugs annually, and the company supplied these earplugs from the time it was awarded the contract in 2006 through the time that it discontinued the product in 2015. Hundreds of suits have already been filed in many different federal court districts. Given the publicity that the possible product defects received from the qui tam settlement, this is likely only the start of the lawsuits as numerous investigations are underway. There is a hearing of the Judicial Panel for Multidistrict Litigation in March 2019 which will determine whether all of the suits that have been filed will be consolidated for purposes of pre-trial and discovery matters. There is a difference between multidistrict litigation and a class action suit insofar as a class-action suit consolidates all of the claims in one single legal proceeding for the duration of the claim. Multidistrict litigation is often the process that is used when there are thousands of lawsuits filed across different states. 

Who Can File a military earplug lawsuit Against 3M 

Any veteran who has been given these earplugs and has suffered some sort of hearing damage is eligible to file a Combat arms earplug lawsuit in court provided that the lawsuit is brought within the applicable statute of limitations. In order to prevail at trial, a plaintiff would have to show that the earplugs were defective and that the hearing damage was caused, at least in part by the defective earplugs. 

It is unclear at this point how much veterans may receive if it is proven that these earplugs were defective, or if 3M settles these lawsuits. While 3M is contesting liability at this point, 3M may seek to enter into a global settlement of these claims and establish a settlement fund at some point. Many of these suits are seeking punitive damages beyond the usual claims for lost wages, pain and suffering and medical expenses. If a jury finds 3M liable and decides to assess punitive damages against 3M, the amount of recovery may skyrocket.

No comment yet.
Rescooped by David Slepkow from Personal Injury Attorney News
Scoop.it!

Falling Victim to Inadequate Security: What Every Tenant has the Right to Know

Falling Victim to Inadequate Security: What Every Tenant has the Right to Know | Rhode Island Personal Injury Attorney | Scoop.it
If you are a tenant renting either residential or commercial property, you may think of your relationship with your landlord as merely one involving regular

Via Matthew A. Dolman
Matthew A. Dolman's curator insight, March 1, 2019 12:30 PM

If you are a tenant renting either residential or commercial property, you may think of your landlord as simply the person whom you pay your monthly rent. Florida law, however, recognizes that there is more to the landlord-tenant relationship than merely leasing space for one to live or conduct their business.

 

Besides just providing a place for someone to live, a landlord has many different responsibilities to their tenant. Likewise, a tenant has different responsibilities to the property owners as well. In this article, we will focus on just one responsibility the property owner has towards the tenant: security.

Reasonably Foreseeable Criminal Conduct

Under Florida law, a property owner has a duty to protect their tenant from reasonably foreseeable criminal conductBasically, a landlord bears some responsibility to their tenants to prevent and protect them from crime. This is a form of premises liability.

 

What does this mean for the area of personal injury law? It means that if you are ever in the frightening situation of being a victim to a crime on your landlord’s property, you may have a claim against them for damages resulting from your injuries.

(click on this article to learn more)

 

https://www.dolmanlaw.com/legal-services/premises-liability-attorneys/

Rescooped by David Slepkow from Personal Injury Attorney News
Scoop.it!

What to Do After a Concussion -

What to Do After a Concussion - | Rhode Island Personal Injury Attorney | Scoop.it
Steps to Take Following a Concussion Many injuries suffered after an accident are visible to the naked eye—lacerations, puncture wounds, and bruises. But invisible injuries, such as concussions, are no less dangerous. If you suffered a blow to the head, seek medical treatment immediately and contact a personal injur

Via Matthew A. Dolman
Matthew A. Dolman's curator insight, February 21, 2019 5:59 PM

Many injuries suffered after an accident are visible to the naked eye—lacerations, puncture wounds, and bruises. But invisible injuries, such as concussions, are no less dangerous. If you suffered a blow to the head, seek medical treatment immediately and contact a personal injury attorney to see if you qualify for compensation.

What Is a Concussion?

Our skulls provide excellent protection to our brains. And spinal fluid surrounding the brain acts as a cushion, protecting your brain from slamming into the inside of your skull. But if you suffer any kind of blow to the head, that blow may shake your brain. If severe enough, this shaking can cause your brain to hit the hard inner shell of your skull, causing a concussion. In extreme cases, you might black out—but you don’t have to pass out to suffer a concussion.

(click on this article to learn more)

 

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

Scooped by David Slepkow
Scoop.it!

RI Boat Accident Attorney | Rhode Island Boating Crash Attorney

RI Boat Accident Attorney | Rhode Island Boating Crash Attorney | Rhode Island Personal Injury Attorney | Scoop.it
CALL Rhode Island Boat Accident Attorney, David Slepkow 401-437-1100. Boating accidents in RI. Motorboat, Sailboat and Watercraft Crash. RI Injury lawyers.
David Slepkow's insight:
RI Boat Accident Attorney | Rhode Island Boating Crash Attorney

RI boat accident lawyers.

These inexperienced boaters often have no idea what to do when other watercraft is approaching. This can lead to a very serious and deadly boat accident in Newport, Bristol, Tiverton or East Greenwich

Boating accidents on rivers, at sea, in lakes and on any open water in Rhode Island occur mainly because boaters underestimate the hazards of operating their watercraft or not following nautical safety laws. Many individuals piloting yachts, boats or personal watercraft operate the vessel without any comprehension of its operating characteristics

Boat accident stats

Statistics maintained by the U.S. Coast Guard indicates that there were more than 4000 boating accidents in 2011 nationwide, which resulted in more than 3100 injuries and almost 700 deaths. Three out of four deaths associated with these accidents were the result of drowning, where 80 percent of the drowning victims were found without life jackets. The extensive boat accident-related property damage totaled more than $35 million.

If involved and injured in a boat wreck or boating related accident in RI then contact boat accident attorneys in Rhode Island or a Providence Personal injury Lawyer / RI Personal Injury attorney.

Common Accident Causes In Newport, Bristol, East Greenwich and Narragansett RI

The high rate of boating accidents in RI often involves one or more of the three most common causes that include:

• Inexperience – Many boat operators lack adequate training or the much-needed experience to operate their water vessel or motor boat safely.

• Excessive Speed – While it is fun to enjoy the open water and freedom from speed limits, traveling too fast can cause the vessel to overturn or crash into other objects or watercraft.

• Reckless Boating – Reckless driving or “showboating” is a serious problem when the boater chooses to demonstrate their abilities of piloting the vessel. At any point, reckless boating in Rhode Island can cause the vessel to overturn, take on water and sink.

• Inattention – Rhode Island Boaters enjoy the open water as a way to relieve stress, relax and spend time with family and friends. However, vessel operators face limitless distractions causing inattention. Many RI, Newport, Barrington and Bristol boat accidents occur because of a lack of safety concerns or not focusing on channel markers or other vessels on the water.

• Intoxication – Operating a water vessel in Rhode Iland while intoxicated is just as dangerous as drunk driving on the nation’s highways and streets. Alcohol, drugs and other recreational substances can easily impair the boater’s focus, judgment, abilities and reaction time. Piloting the watercraft , sail boat or motor boat while impaired can create dangerous circumstances on the open water and increase the risk for an accident to occur.

• Maintenance Issues – Leaky boats, malfunctioning engines and defective parts can create life-threatening problems while on the water. Many boat maintenance issues can place the lives of boaters and passengers at great risk.

• Adverse Weather – Choppy waters, lightning, high winds and numerous water conditions can place the lives of boaters and passengers in great peril. If the boater is inexperienced or intoxicated, the boat can easily be lost even in shallow waters.

Avoiding a Boat Accident in Rhode Island

There are many effective tips for reducing the potential risk of being involved in a boating accident in RI. This includes staying sober, checking the weather forecast, not overloading the vessel, maintaining flotation devices for every passenger on board and completing a boating safety course.

In addition, the vessel should be inspected from stem to stern each time it heads out on open waters. A functioning fire extinguisher must be easily accessible on deck. Safety precautions concerning the propeller should be taken, especially when young children are in the water or on board.

Hiring a RI Boat accident Attorney

Rhode Island Boat operators are required to exercise the highest level of care to ensure all passengers and others on the waterway remain safe. Any individual injured from the reckless or negligent actions of boat operators might be entitled to receive financial compensation. This is because the negligent party responsible for the accident can be held legally liable for all monetary damages including medical expenses, lost wages, property damage along with non-economic losses including emotional trauma, pain and suffering. However, these types of cases are complex and often require the skills of an experienced Rhode Island personal injury attorney who specializes in boating accidents.

A Rhode Island boat accident lawyer or a RI boating accident attorney can help you get the most compensation for your RI boat mishap or Rhode Island boating collision. USCG

No comment yet.
Rescooped by David Slepkow from Car Wreck Lawyer
Scoop.it!

Kevin Hart's Friend Involved in Car Crash Breaks Silence 2 Months After Accident

Kevin Hart's Friend Involved in Car Crash Breaks Silence 2 Months After Accident | Rhode Island Personal Injury Attorney | Scoop.it
Rebecca Broxterman is speaking out about the accident. "September 1, 2019 was the scariest day of my life. God was definitely watching over us that night and protecting us."
Via Alex Hernandez Jr.
No comment yet.
Rescooped by David Slepkow from California Car Accident and Injury Attorney News
Scoop.it!

Plaintiff Prevails on Negligent Entrustment Theory in CA Auto Accident Case — California Accident Attorneys Blog — October 7, 2019

Plaintiff Prevails on Negligent Entrustment Theory in CA Auto Accident Case — California Accident Attorneys Blog — October 7, 2019 | Rhode Island Personal Injury Attorney | Scoop.it
People who negligently entrust their vehicles to others whom they know or should have known are unfit to drive may be liable to pay damages to accident injury victims that are caused by th

Via Steven M. Sweat
No comment yet.
Rescooped by David Slepkow from California Car Accident and Injury Attorney News
Scoop.it!

Texting-while-driving case could bring woman 10 years in prison

Texting-while-driving case could bring woman 10 years in prison | Rhode Island Personal Injury Attorney | Scoop.it
A New Jersey woman has been convicted of second degree vehicular homicide in one of the first cases in the state to rely on texting while driving to establish recklessness, according to the Office of the Monmouth County Prosecutor.

Via Steven M. Sweat
No comment yet.
Scooped by David Slepkow
Scoop.it!

Rhode Island Medical Malpractice Lawyer | Slepkow Law

Rhode Island Medical Malpractice Lawyer | Slepkow Law | Rhode Island Personal Injury Attorney | Scoop.it
Medical malpractice in RI. Medical errors. Surgical malpractice. Failure to diagnose cancer. RI med mal attorney. Rhode Island medical malpractice lawyer.
David Slepkow's insight:

If you suffered complications as a result of medical malpractice in RI then you need to contact a Rhode Island medical malpractice lawyer. Every year, patients visiting hospitals and doctors’ offices in Rhode Island expecting quality medical care end up being injured through negligence, errors and mistakes. Like every type of service industry, many incompetent professionals in the medical field in RI provide substandard level of care to their patients.

Rhode Island medical malpractice lawyer

Rhode Island medical malpractice lawyer

 

 

 

 

 

As a result, the Courts have set forth various laws to protect patients who suffer injury through incompetence or negligence of medical professionals. Medical mistakes in Rhode Island is a huge societal issue that is causing misery among victims as well as clogging state court dockets.

Types of medical malpractice

Patients injured in Rhode Island from medical mistakes may file a medical malpractice claim in providence Superior Court against the professionals and facilities that caused them harm. Common physician mistake cases involve:

Improper Diagnosis in Rhode Island

In situations where symptoms are not always obvious, doctors and other healthcare providers can easily misdiagnose, delay diagnosis or fail to diagnose the problem altogether. However, any improper diagnosis or failure to diagnose can cost the patient’s life when treatment options are available. Common diagnostic errors often involve failing to accurately diagnose a variety of conditions including pulmonary embolism, cancer, meningitis, heart attack, stroke, diabetes and appendicitis.

Anesthesia Mistakes in RI hospitals

The patient can suffer serious lifelong injury or death when the anesthesiologist administers the wrong dosage of anesthesia. In addition, the doctor can use the wrong drug or make a mistake when attempting to keep the patient under during the procedure, surgery or treatment.

Surgical Mistake at Rhode Island hospital

Many medical malpractice lawsuits and claims in Rhode Island have been filed against surgeons who have caused various complications during a procedure including performing surgery at the wrong site, or on the wrong patient. Some surgeons have performed an incorrect incision, caused significant errors or damage to a body part or organ during surgery.

Defective Medical Devices

In some medical malpractice cases in Rhode Island, the doctor, medical facility or hospital is not directly at fault for the patient’s injuries or death. In some situations, a defective or malfunctioning medical device, product or equipment was used during the surgery. Defective equipment can cause significant harm or kill the patient, as can defective medical devices including artificial prosthetic like hip and knee joints. Medical malpractice and product liability causes of action in Rhode Island and Providence Plantations cases involving defective devices such as hernia mesh are often filed against product manufacturers, distributors and suppliers.

Prescription Medication Error in RI

Many patients suffer serious injuries when prescribed the wrong medication or have the drug filled incorrectly by the pharmacist. In some situations, prescription medication errors can be fatal. Unfortunately, many prescription drug mistakes are unreported or unnoticed by the patient or the patient’s family. Common prescription medication mistakes include:

• Prescribing the wrong drug
• Taking the incorrect dosage
• Failing to anticipate complications
• Prescribing a defective or dangerous drug
• Filling the wrong prescription due to the doctor’s illegible handwriting

Claims based on prescription medical errors in Providence, East Providence and Pawtucket can include various medical health professionals like doctors, physicians, surgeons, healthcare staff, nurses, pharmacists, marketers and pharmaceutical manufacturers.

Medical malpractice

Victims need to be aware of the Rhode Island medical malpractice statute of limitations. Victims need to retain the best medical malpractice lawyers in ri  well before the deadline expires.

Childbirth Injury

Unfortunately, newborns can be the victims of childbirth injury that occurs because of a medical error during pregnancy, labor or delivery. In many incidences, the family is unaware of the injury until weeks, months or years after the child’s birth. Mothers can be prescribed the wrong medication that could cause the newborn harm. Obstetricians can cause injury to the baby or mother by improperly using forceps and vacuums during delivery, or fail to diagnose fetal distress, deformity or complications before, during and after the baby is born save document go to sleep.

Victims of medical malpractice in Rhode Island need to hire skilled RI personal injury attorneys or a Rhode Island medical malpractice lawyer to handle their lawsuit or claim for recompense. A Rhode Island medical malpractice attorney can help the victim get the compensation they deserve. It is important that a victim of medical mistakes goes to a very experience RI medical malpractice lawyer. This is because the most common types of medical malpractice cases are complex. A reputable Rhode Island medical malpractice law firm can ensure that all of the lawsuit documents are filed properly before the statute of limitations expires. Patients that suffer injuries through negligence have the legal right to seek compensation for their pain, suffering, damages and losses.

Just like everyone else, medical professionals in Rhode Island can make mistakes and act negligently (medical malpractice). When these individuals do make mistakes, however, the consequences can be life-altering or even fatal. Here is a look at some of the most common types of malfeasance in Rhode island and Providence Plantations and why it is so important for patients to seek out legal assistance if they are a victim.

If you or a loved one was a victim of medical malpractice in RI, please contact Providence Injury lawyer.  A RI medical malpractice lawyer can fight to get you justice and the compensation that you deserve.

Misdiagnosis or Failure to Diagnose

Many medical issues can easily be treated if they are quickly and accurately diagnosed. When the symptoms are not perfectly clear or the doctor does not take enough time to assess the situation, it does not take much for a misdiagnosis to occur. These errors often take place with conditions such as diabetes, appendicitis, strokes, and various forms of cancer.

Surgical Errors

Even minor surgical errors can result in permanent disabilities or death. Some of the most common errors include incorrect incisions, carrying out the wrong surgery, operating on the wrong patient, and damaging nearby organs. Many patients do not even realize that a mistake has been made until months or even years after the surgery.

Anesthesia Errors

Modern anesthetics are incredibly effective and safe when they are administered correctly, but improperly administered anesthetics can be fatal. Patients that are the victim of anesthesia mistakes often experience labored breathing, brain damage, and comas.

Pregnancy or Childbirth Errors

Negligence can take place before, during, or immediately following the birth of a child. While every pregnancy does come with some inherent risks, the medical professionals that are assisting a mother with her pregnancy must take every precaution to protect the mother and child. Some of the most common pregnancy and childbirth errors include improperly identifying birth defects, administering the wrong medication, and a failure to anticipate birth complications.

Prescription Drug Errors

Prescription drug errors are extremely common and affect thousands of people every single year. In addition to prescribing the wrong medication, the doctor or pharmacist might also prescribe the wrong dose. Another common error is not anticipating some of the side effects of certain medication. It is an unfortunate fact that countless prescription drug errors go unreported or completely unnoticed by patients every year.

Defective Products

Not every medical malpractice case is the result of mistakes made by medical professionals. In some instances, medical products are defective or used incorrectly. An example of this would be a blood sugar testing kit that has not been properly sterilized.

Nolo stated “While the dollar figures are fairly high for medical malpractice plaintiffs who are successful at trial, the numbers show that plaintiffs aren’t all that likely to get a verdict in their favor. Of medical malpractice cases that make it to court trials, plaintiffs prevailed in 21% of verdicts, while settlement-based resolutions favored the plaintiff in 61% of cases (data from NEJM study discussed above).” MEDICAL MALPRACTICE, National Medical Malpractice Statistics A breakdown of data on plaintiffs, defendants, types of medical errors, and more.

Medical malpractice lawyers in Providence can assess your medical negligence cause of action and determine whether you have a viable claim for medical negligence.

The Bureau of Justice Statistics (BJS) reported “During 2005 an estimated 2,449 medical malpractice cases were disposed of by bench or jury trial in state courts of general jurisdiction throughout the country. A jury decided about 99% of these trials. Plaintiffs prevailed in less than a quarter of medical malpractice trials. Medical malpractice jury trials garnered relatively high median damage awards. The awards in medical malpractice jury trials ($400,000) were 17 times greater than the overall median awards in tort jury trials. These high award amounts may be partially explained by the fact that allegations of wrongful death were asserted in two-fifths of medical malpractice jury trials with plaintiff winners.” BJS.GOV 

More information

No comment yet.
Scooped by David Slepkow
Scoop.it!

UK & EU Hernia Mesh Victims with Bard Mesh May File Lawsuit in US

UK & EU Hernia Mesh Victims with Bard Mesh May File Lawsuit in US | Rhode Island Personal Injury Attorney | Scoop.it
We are reviewing hernia mesh lawsuits in the US for UK , EU & Canada Victims with Bard hernia mesh Bard. Victims may get an extended deadline to file claim.
David Slepkow's insight:

e are currently reviewing potential hernia mesh lawsuits for UK and EU Victims with hernia mesh manufactured by Bard / Davol. Victims in the EU, Great Britain, Canada, the UK and across the world with hernia mesh manufactured by Bard / Davol, who suffer complications, could get compensation and justice from the United States legal system.

  • Missed a deadline / statute of limitations in your country to get compensated for defective C. R. Bard / Davol mesh?
  • Do you feel you waited too long and cannot be compensated in your Country?
  • Are there a lack of Bard lawsuits in your country to get justice for your defective mesh?
  • Are you unable to find a hernia mesh lawyer in your home country to file a surgical mesh lawsuit to hold Bard Medical accountable for their alleged wrongdoing?
  • Does your countries judicial system limit or deny you fair compensation for your complications?

GET A NEARLY UNLIMITED, EXTENDED DEADLINE TO FILE A BARD DAVOL LAWSUIT IN U.S.!

EU and UK hernia mesh victims may file in United States Courts

These lawsuits are not a class actions in the United States. They are individual lawsuits that have been consolidated for pretrial purposes and settlement. Victims in Scotland, Canada, Wales and worldwide could get the benefit of an extended, nearly limitless statute of limitation for mesh manufactured by Bard and their subsidiary Davol. We do not even require a revision surgery in order for us to consider your  Bard / Davol case for a lawsuit. It is highly unlikely that you would be required to visit the United States to get your share of a potential hernia mesh settlement.

 

 

Hernia mesh complications are not something that is limited to the United States, even though much of the publicity about the side effects has come from the U.S. Recently, stories are emerging that demonstrate that hernia mesh complications are a problem worldwide. Hernia mesh is used around the world and has been a widely used product for decades. In the United Kingdom, there is a relatively higher rate of hernia mesh complications. These side effects have been causing ruin to the lives of patients who experience them.

WHAT IS HERNIA MESH?

Hernia mesh is not a monolithic product that has only one type or composition. Instead, there are many different types of hernia mesh available in the marketplace. Still, the major type of hernia mesh that is in use is polypropylene mesh. This is a material that is made out of a plastic-type substance. This is the same material that is used in auto parts and consumer products. The polypropylene mesh is inserted into the body as a medical device and becomes part of the body. The mesh is permanent and the tissue grows around it.

HERNIA MESH COMPLICATIONS

There are a number of different complications that can arise when hernia mesh surgeries go bad. The first major complication is that the mesh can fail and the patient needs follow-up surgery. While mesh has a lower failure rate than other types of hernias, some types of mesh actually have a higher rate of complications. The mesh may also shrink and migrate out of place in the body. When the mesh disintegrates, there may be pieces of the mesh that moves around the body, causing harm to the internal organs that it contacts. The mesh may also become infected because it is not inert, as it has been advertised.

In U.K. hernia surgeries, the mesh can be a ticking time bomb that patients carry around in their bodies.  Mesh can fail at any time after surgery.  There have been stories of patients beginning to experience debilitating pain many years after surgery, even after being pain-free for a decade or more after the procedure.  Since mesh never fully blends in with the body, there is always a possibility that infections can develop years later or the mesh can disintegrate over time.

In any event, hernia mesh side effects can be debilitating. There are numerous stories in the U.K. of patients who have suffered devastating consequences. These side effects can be life-altering.

U.K. HERNIA MESH STATISTICS

Hernias are as prevalent of a surgery in the U.K. as they are in other countries such as Canada. It is estimated that one in every ten citizens of the U.K. will develop a hernia over the course of their lifetime. In the U.K., there are over 100,000 hernia surgeries each year. In 2018, the number rose to 135,000 patients having the surgery.  Any U.K. or EU citizen may develop a hernia, and the condition can affect men or women regardless of their age.

Most hernia surgeries in the U.K. rely on the use of mesh. According to a recent study, nearly three-quarters of the hernia surgeries in the U.K. involve the use of mesh. Whether a surgery uses mesh depends on the type of surgery that it is. Inguinal hernias are the most common type of hernia and sometimes thought of as the least severe occurrence of the condition. In the U.K., 95% of inguinal hernias are repaired by the use of mesh since the surgery is perceived to be routine. There is the thought that the more routine that the surgery is, the easier it is to use mesh to repair it. Umbilical and incisional hernias are more complicated types of hernia surgeries. As a result, they have a lower rate of mesh usage. Mesh is relied on in roughly half of the umbilical hernia surgeries and approximately 82% of incisional hernias.

COMPLICATIONS FROM HERNIA MESH IN THE U.K.

The complication rate from hernia mesh surgery in the U.K. is frightening. While hernia mesh surgery is described to patients as a routine operation, the problem is that complications can develop after the surgery.  Hernia mesh can be a ticking time bomb that stays in the body permanently. Side effects can flare up years after the initial surgery. One particular news account placed the rate of sufferers from hernia mesh complications at between 12 and 30 percent. In the U.K., this means that there can be upwards of 100,000 patients who suffer from hernia mesh complications just from the surgeries that were performed over a six-year period. The upper end of this band based on these percentages is up to 170,000 patients suffering from these complications.

Recently, there have been a number of news reports about the number of UK. citizens who may be suffering from hernia mesh complications. These articles have questioned the fact that the Medicines and Healthcare products Regulatory Agency has not placed any curbs on the use of hernia mesh.  There has been a furor in the U.K. about the use of mesh in general.  Transvaginal mesh caused serious complications for countless women worldwide, and hernia mesh has become associated with the other doomed product.  As such, there has been considerable pressure to cut back on the use of all mesh.

PRESSURE TO REGULATE HERNIA MESH

The MHRA has begun to face pressure from members of parliament for its failure to regulate hernia mesh more vigorously. One MP, Owen Smith, has predicted that hernia mesh will become a major scandal in the UK. as the reports of serious side effects proliferate.  The MHRA has been under increasing fire in the area for its failure to more closely track side effects.

The MHRA claims that it does not have any evidence that hernia mesh is unsafe that would cause it to take any regulatory action.  Currently, the MHRA views that as an issue between the doctor and patient.  In addition, the Royal College of Surgeons still maintains that hernia meshes are the most effective option for the treatment of hernias. Despite the news reports of patients suffering devastating side effects, it does not appear that the position of the regulator or the Royal College will be changing anytime soon. Even after news reports emerged of the number of people suffering from complications, the Royal College cited the fact that every surgery carries risks and claimed that hernias without mesh had equivalent to higher rates of complications. Further rationalizing the use of mesh, the Royal College claims that the eye-popping number of complications includes patients who suffered minor difficulties after their surgeries.

Not only is the regulator not acting at all, but there is little policy to treat and follow-up on hernia mesh complications. The National Health Service has been criticized for its passivity in this area and the fact that it does not have any consistent method to treat those who are suffering from hernia mesh complications.

LIST OF COUNTRIES IN THE EU:

  • Austria
  • Belgium,
  • Bulgaria
  • Croatia
  • Cyprus
  • Czechia
  • Denmark
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Hungary
  • Ireland
  • Italy
  •  Latvia
  • Lithuania
  • Luxembourg
  • Malta
  • Netherlands
  •  Poland
  • Portugal
  • Romania
  •  Slovakia
  • Slovenia
  •  Spain
  • Sweden
  •  United Kingdom

HERNIA MESH ACTIVISTS IN THE U.K.

There are activists that have launched public campaigns against the use of hernia mesh.  However, they are facing an uphill battle because hernia mesh is a more affordable surgical option in spite of the higher risk for side effects.  Dr. Sohier (“Suzy”) Elneil has been campaigning against the use of hernia mesh for the better part of two decades.  Only recently, has she begun to find a receptive audience for her message. While the public has begun to listen to the message, the regulators are still loath to listen.

POLYPROPYLENE  HERNIA MESH MANUFACTURED BY C.R. BARD (NOW BARD MEDICAL*) AND IT’S SUBSIDIARY DAVOL INC.:

  • Composix
  • Composix E/X
  • Composix L/P
  • Ventralight
  • Spermatex
  • Sepramesh
  • Ventralex
  • Ventralex ST
  • Kugel Patch
  • Composix Kugel
  • Ventrio
  • Visilex
  • Ventrio ST
  • Marlex
  • Perfix Plug
  • Perfix Light Plug
  • 3D Max-Lite
  • 3D Max

*C.R Bard and its subsidiary Davol Inc. are now owned by Becton Dickinson who re-branded C.R. Bard as “Bard Medical.”

HERNIA MESH IN SCOTLAND AND WALES

Hernia mesh has degenerated into a near full-blown scandal in Scotland, where the complication rate is as high as 30 percent.  Scottish women were physically devastated by the defective pelvic organ prolapse mesh.  There are estimates that there are as many as five times more hernia mesh patients in Scotland as there are pelvic organ prolapse patients.  Hernia mesh patients in Scotland have begun to speak out about the crippling pain and problems they face after their surgeries.  Politicians have called on the Scottish regulator to suspend the use of hernia mesh in the country.   Scottish patients have had difficulty finding surgeons in the country who can remove the mesh completely, and have been forced to seek help in England.

Similarly, the use of hernia mesh in Wales has also begun to become controversial.  Welsh politicians fought for pelvic organ prolapse mesh to be investigated.  Now, they are turning their attention to the use of hernia mesh.  The Welsh Cabinet Secretary for Health and Social Services has requested that the Deputy Chief Medical Office undertake a clinically-based review of hernia mesh use.

DAI GREENE’S HERNIA MESH NIGHTMARE

The actual complications encountered have been devastating for patients, causing life-altering pain and debilitating discomfort.  One story of a prominent athlete has been generating attention in the U.K. and has focused the spotlight on the problems associated with hernia mesh.  Track athlete Dai Greene went public with his story about how hernia mesh complications cost him five years of his career.  Greene was initially told that he was having routine surgery to repair a hernia.  Shortly after his surgery, Greene began to experience excruciating pain that prevented him from training. For over four years after his surgery, Greene was barely even able to race.  In 2017, he attempted only one race and could not even finish.

Initially, Greene would only let on that he was battling a continuous cycle of injuries.  However, he eventually revealed that the string of injuries was related to hernia mesh complications. In Greene’s case, the hernia mesh that was implanted in his body frayed and it became entangled with nerves that were in his pelvis.  These are common side effects from hernia mesh. Greene had several follow-up surgeries to try to fix the hernia, but these were not successful and the pain still persisted.  Eventually, he had to undergo two different surgeries to remove the hernia mesh.  These procedures finally relieved him of the constant pain that he felt.  Greene eventually discussed his side effects with the media in order to warn patients of the dangers that could result from a seemingly innocuous surgery.

While Greene’s story drew media attention due to his celebrity, thousands of average people in the U.K. have also suffered these devastating complications.  The U.K. media, alert to the possibility of a new mesh scandal, has begun to feature some of these stories.  Numerous  patients have publicly aired how hernia mesh surgery ruined their lives.  Some have even gone so far as to attempt suicide.  While there has been more awareness of possible hernia mesh complications, there have been no steps yet taken to restrict the availability of hernia mesh in the U.K..

WHY YOU NEED A HERNIA MESH LAWYER

Hernia mesh manufacturers can be found liable for selling a defective product no matter where the surgery took place. If your hernia mesh is causing you intense pain and  was made by a U.S. company, they can be found liable in U.S. court for the problems with their product.  You do not have to suffer side effects without any form of compensation.  When a manufacturer places a defective product on the market, they are legally responsible to the people who are ultimately harmed by that product.  However, in order to begin the process of receiving fair compensation for your injuries, you will need effective legal representation.  U.S. law ensures that there are consequences for those who design and sell defective products, and these companies can be made to pay for the damage that you suffered.  While this will not necessarily give you the life back that defective hernia mesh has taken from you, it will at least help you and your family deal with the nightmare in which you have been placed.

https://www.ncbi.nlm.nih.gov/pubmed/31418302.

https://www.bbc.com/news/health-45604199

No comment yet.
Scooped by David Slepkow
Scoop.it!

Foodborne illness & food poisoning lawsuit, Salmonella, E. coli etc​. – Defects Lawyer

Foodborne illness & food poisoning lawsuit, Salmonella, E. coli etc​. – Defects Lawyer | Rhode Island Personal Injury Attorney | Scoop.it
David Slepkow's insight:

Food poisoning is both angering and debilitating at once. When you purchase food or eat at a restaurant, the last thing that you expect is that the food will make you ill. Some foodborne illness is serious enough to cause lasting damage, and even death in some cases. Below is some information on the common or most severe types of foodborne illness. If you have contracted any of them and have suffered harm, it is vital that you contact a food poisoning lawsuit lawyer. The manufacturer or the purveyor of the food that sickened you may be legally responsible for your illness.

According to the Centers for Disease Control, there are more than 250 foodborne illnesses. These are infections that result from bacteria and other viruses. These can also result from toxins and chemicals. According to the CDC, there are five top foodborne illnesses. In addition, there are several other common illnesses beyond the top five.

Norovirus

Norovirus is a severe stomach bug that results in nearly 800 deaths each year. It is highly contagious and easily spread. People can contract norovirus in a variety of different ways, including contact with someone who has the virus. It can be transmitted through food. If someone infected with norovirus comes into contact with food, then the food can carry the virus. Norovirus can also spread through water and surfaces. The illness can last from one to three days, but more severe cases can require hospitalization.

Salmonella

According to the CDC, there are over one million cases of salmonella in the United States each year. The illness kills approximately 450 people each year. The illness generally last from four to seven days, but in many cases, it does not require further treatment. However, if the diarrhea is severe enough, hospitalization is required. Salmonella is often spread through contaminated meat. For example, there was a recent outbreak of salmonella that has been connected to Butterball turkey products. There is also another active outbreak of salmonella that has come from tainted ground beef.

Clostridium Perfringens

While not as well known as the other types of foodborne illness, C. perfringens is every bit as common. While the name is not well-known, this is more familiar to people as food poisoning. Over one million Americans are sickened by this on an annual basis. This can come from eating rotten food or food that was not stored at the right temperature. Due to the nature of this illness, it will most likely not come as part of an outbreak because it comes from individual food not being served and stored in a correct manner.

Campylobacter

This mostly results from eating poultry that has been undercooked. Outbreaks of this illness are rare. According to the CDC, there have been an average of 35 outbreaks of this illness each year recently. Although this foodborne illness is not as severe as the others, it is very easy for someone to become sickened with it. All it takes is one drop of juice from contaminated poultry and one can contract this illness. This illness sickens over one million Americans each year, although many cases go unreported.

Listeria

This is a common cause of fatalities among foodborne illnesses. Listeria is very rare, but is very deadly. Of the approximately 1,600 people that contract listeria every year, roughly one in every six die. Pregnant women are especially susceptible to this illness. Nearly all of the cases of listeria will require the patient to be hospitalized. Recently, there was on outbreak of listeria from pork products that sickened four people, although there were no fatalities.

E. Coli

This is one of the more well-known foodborne illnesses. According to the CDC, there are approximately 75,000 people who are sickened with this illness every year and roughly 2,000 will require hospitalization. Between 50 and 100 people die from this disease annually. Recently, one of the more publicized out breaks of this illness was the E. Coli that was connected with consumption of romaine lettuce that caused one fatality.

There are numerous other foodborne illnesses. including botulism and Vibrio. Botulism is a serious illness because its toxins attack the body’s nervous system. While botulism is rare, up to one in ten cases can be fatal.

Food Poisoning Lawsuits

Widespread cases of food poisoning can lead to large-scale litigation. For example, there have recently been a number of cases filed in the wake of the outbreak of E. coli. People in 11 states were sickened from consuming this romaine lettuce. It is believed that nearly 150 people were sickened in this outbreak. At least five lawsuits have been filed in conjunction with the tainted romaine lettuce. Many of the plaintiffs required hospitalization, including blood transfusions, due to the severity of their illness. Some of the plaintiffs were sickened by eating romaine lettuce served at Panera Bread. The lawsuits target the lettuce supplier for Panera. Further, several restaurants have been sued because the plaintiffs were sickened by food that they ate there.

Another example of widespread food contamination litigation is the lawsuits that have been filed against Chipotle. The Mexican restaurant chain was the originator of a nationwide outbreak of E. coli starting in 2015. As of August 2018, there were over 700 cases filed against Chipotle for food poisoning claims. These consist of both individual claims as well as class action lawsuits. There was another outbreak that has been traced to a Chipotle in Ohio that has led to an increase in the number of suits against Chipotle.

Food Poisoning as Product Liability Cases

When it comes to lawsuits that stem from instances of food poisoning, there are a number of different possible defendants. The company that manufactured the product may be held liable for making the food that made you sick. Further, if you purchased the food at a grocery store, that establishment can also be sued for selling you the food. Similarly, a restaurant where you ate the food can also be legally responsible for your illness. A lawyer will likely advise you to sue both the manufacturer and the seller of the food. You will receive the verdict or the settlement and it is up to the two companies to fight it out to see who has to pay what share of your award.

In most states, all you have to show is that the food was contaminated and that the contamination was the cause of your illness. It does not matter whether the manufacturer was negligent in how they prepared the food. Of course you can always show that the supplier was negligent and that may increase your jury award. However, under the products liability theory, proving negligence is not required.

Food poisoning lawsuit lawyer

If you have been sickened by any type of food, it is best to get the documentation from your doctor of the reason why you were sickened. Your medical records should contain the diagnosis of whatever foodborne illness you contracted. Then, you should seek out legal counsel to figure out whether you have a viable legal claim against anyone who may have had a role in selling that food to you. It is vital that you contact a salmonella lawsuit lawyer immediately, while the evidence that can back up your claim is still available. In addition, there is also the issue with the statute of limitations that can place a time limit on filing a claim. The E. Coli lawsuit lawyer can tell you after reviewing the facts of your case whether they believe that you have a viable legal claim.

Sources:

https://www.foodsafety.gov/poisoning/causes/bacteriaviruses/norovirus/index.html

https://www.cdc.gov/salmonella/outbreaks-active.html

https://www.cnbc.com/2018/08/01/chipotle-hit-with-new-lawsuit-over-food-contamination-in-ohio.html

https://www.beckershospitalreview.com/quality/chipotle-food-poisoning-cases-up-to-700-as-fast-food-chain-hit-with-second-lawsuit.html

No comment yet.
Rescooped by David Slepkow from California Car Accident and Injury Attorney News
Scoop.it!

Pedestrian Fatalities Reach an All-time High — Los Angeles Personal Injury Attorney Blog — March 6, 2019

Pedestrian Fatalities Reach an All-time High — Los Angeles Personal Injury Attorney Blog — March 6, 2019 | Rhode Island Personal Injury Attorney | Scoop.it
The number of pedestrian accident injuries and fatalities has sharply risen both in California and across the U.S. People can be seriously injured or killed when they are struck by motor vehicle

Via Steven M. Sweat
No comment yet.
Scooped by David Slepkow
Scoop.it!

Hernia Mesh Recall NOT required to file a lawsuit - Free Consultation

Hernia Mesh Recall NOT required to file a lawsuit - Free Consultation | Rhode Island Personal Injury Attorney | Scoop.it
A recall does not need to be issued to pursue justice for defective surgical mesh. Speak with an attorney to find out if you have legal recourse for your situation.
No comment yet.
Scooped by David Slepkow
Scoop.it!

Blood Poisoning - Sepsis & Septic Shock from Hernia Mesh

Blood Poisoning - Sepsis & Septic Shock from Hernia Mesh | Rhode Island Personal Injury Attorney | Scoop.it
Hernia mesh has proven to be dangerous on a number of fronts. In addition to allergic reactions that patients could have and shifting of the hernia mesh, the composition and makeup of the mesh can cause poisoning. Specifically, the mesh can cause bacteria to enter the blood. The presence of bacteria can cause an infection …
David Slepkow's insight:

Hernia mesh has proven to be dangerous on a number of fronts. In addition to allergic reactions that patients could have and shifting of the hernia mesh, the composition and makeup of the mesh can cause poisoning. Specifically, the mesh can cause bacteria to enter the blood. The presence of bacteria can cause an infection which can lead to progressively worse problems such as sepsis, septic shock, and even death. If you have had hernia surgery with mesh implanted and have experienced a post-operative infection, it is vital that you contact a hernia mesh lawyer immediately to learn your legal rights.

WHAT IS HERNIA MESH USED FOR?

There are several different types of hernias as well as ways to repair the hernia. When a patient has a hernia, the muscles are protruding through a weakness in the muscle wall. In the past, the most prevalent way of fixing a hernia was to directly sow the hole. This led to a lengthier recovery time from the surgery. Hernia mesh became an alternative to this type of surgery. Instead of sewing the hole closed, surgeons would sew hernia mesh over the hole. There are some benefits to the use of mesh, primarily that the rate of recurrence of the hernia is lower than in surgeries where the hole is sowed shut.

The outcome after the mesh was implanted depended on the type of mesh. Certain meshes are biological and are degradable. When these types of meshes are used, healthy tissue grows around it as the mesh disintegrates. Other types of meshes are more permanent. Healthy tissue will still grow, but the mesh will remain in the body covering the hole. This type of mesh needs to remain strong and intact in order to perform its intended function.

WHAT ARE THE DIFFERENT TYPES OF MESH?

The most prevalent type of surgical mesh is made out of a type of plastic and does not disintegrate. This material is called polypropylene. Hernia mesh manufacturers have stated that their product is inert. In other words, there would not be oxidation or degradation over the course of its lifetime. When hernia meshes oxidize and are exposed to other elements, they may change composition. This will lead to post-operative complications for a patient. Since polypropylene mesh is a foreign material, it is an ideal breeding ground for the colonization of bacteria.

INFECTIONS FROM HERNIA MESH

One of the possible complications for a patient is an infection. This is one of the more severe side effects that a hernia mesh recipient can experience. According to a 2007 paper, the infection rate among hernia mesh recipients can be as high as ten percent. While the risk of infection is most prevalent in the immediate weeks after the surgery, so long as the mesh is in the patient’s body, there is always the risk of infection. Generally, the more mesh that a surgeon uses, the higher the likelihood of an infection in the patient.

These infections may not be a one-time occurrence for the patient. Hernia related infections can be chronic and recurring. In that event, the infections become a debilitating, and perhaps a life threatening event. Beyond not being able to work or carry on normal life functions, a patient’s health can be severely degraded from these infections.

There are several different ways that a patient can contract an infection from hernia mesh. The first is through what is known as blood poisoning. This is when toxins from the infection reach the bloodstream. In addition, a biofilm can form on the hernia mesh. When this occurs, antibiotics will not make the infection go away, and surgery is needed to remove the mesh in order to prevent further infection.

The second type of infection is when the mesh shrinks or migrates. In this instance, it can perforate internal organs. When that happens, contents from the intestines and bowels can travel to the rest of the body causing a more severe infection.

SEPSIS AND SEPTIC SHOCK

In the worst scenario, a patient with a mesh infection can experience sepsis. This occurs when the body releases chemicals in order to fight an infection. This stage is reached after the infection reaches the bloodstream. The body’s natural instinct is to do whatever it can to rid itself of an infection. Essentially, the immune system turns on itself in an effort to fight the infection. However, these chemicals that are released can have a major effect on the organs in the body. When these chemicals cause an imbalance in the body, it is called sepsis. This condition can lead to a failure of the body’s major organs.

When a patient experiences sepsis, it can possibly lead to septic shock if it progresses far enough. This is an extremely dangerous condition that usually causes death for half of the patients who have reached this state. When a patient experiences septic shock, the body cannot provide adequate blood to the organs and blood pressure becomes dangerously low. This can cause kidney failure, heart failure or multiple organ failure. This will require treatment in an ICU.

HERNIA MESH LAWSUITS

There have been multiple lawsuits filed against manufacturers of hernia mesh. Most of these cases are early in their life cycles. There was a large suit against C.R. Bard, a manufacturer of hernia mesh, that settled in 2011. As part of the settlement, C.R. Bard paid $184 million to settle 2 600 claims against it. Currently, there are also lawsuits pending against Johnson & Johnson, who is the manufacturer of Physiomesh, which is the highest-selling hernia mesh on the market. Atrium Medical is the other major manufacturer that is currently defending against litigation relating to defective hernia mesh. There are also thousands of cases filed against Bard / Davol as a result of allegations that their mesh is defective. The vast majority of the hernia mesh lawsuits result from mesh made of polypropylene.

If you have had a hernia where mesh was implanted and you have contracted an infection, you should contact a hernia mesh lawyer immediately. The surgical mesh attorney can discuss your legal case with you and inform you of the prospects for receiving compensation for your infection.

Sources:

https://www.mayoclinic.org/diseases-conditions/sepsis/symptoms-causes/syc-20351214

No comment yet.
Scooped by David Slepkow
Scoop.it!

Desperation, Lies, Willful Ignorance & Enabling Attorney= A MESS!

Desperation, Lies, Willful Ignorance & Enabling Attorney= A MESS! | Rhode Island Personal Injury Attorney | Scoop.it
Desperation, Lies, Willful Ignorance & Enabling Attorney= A MESS!
No comment yet.
Scooped by David Slepkow
Scoop.it!

A Cautionary Tale for Lawyers- Nightmare Suing Ex Divorce Clients

A Cautionary Tale for Lawyers- Nightmare Suing Ex Divorce Clients | Rhode Island Personal Injury Attorney | Scoop.it
(Editors Notes 9/8/13: the Defendant Divorce Client filed for Bankruptcy after the RI Supreme Court rendered its decision, discharging this debt. This whole proceeding was a massive waste of time and resources!  The potential for an annoying and time consuming counterclaim or a bankruptcy filing is not the only reason to not litigate against former clients. Another reason why …
David Slepkow's insight:

Editors Notes 9/8/13: the Defendant, divorce client, filed for Bankruptcy after the RI Supreme Court rendered its decision, discharging this debt. This whole proceeding was a massive waste of time and resources!  The potential for an annoying and time consuming counterclaim or a bankruptcy filing is not the only reason to not litigate against former clients. Another reason why it is not advisable to file a lawsuit against a custody or family law client is because some of these clients will file a disciplinary complaint  against the attorney as retaliation.

Rhode Island child custody attorneys

The attorney then has to spend hours responding to the ethics complaint, even if it is merit-less. Also, Malpractice Insurance Companies detest attorneys filing lawsuits against former clients in fee disputes. Often, an attorney feels it necessary to submit a counterclaim to its malpractice insurance company who may require a big deductible to defend the cause of action.

 It puts the Rhode Island divorce attorney in a catch 22 situation. If the a RI family law lawyer does not report the counterclaim to the insurance company then the insurance company has no obligation to pay the claim. But however, if the claim is reported then the  Providence child custody lawyer may be out $5,000, to $15,000 in deductible, even if the cause of action is frivolous or merit-less. Such counterclaims can also raise a lawyer’s insurance premiums going forward)

This is an absurd story out of RI and shows why a lawyer should almost never sue an ex client.

Mary Seguin hires a RI Law Firm, Smith Law P.C to represent her in two messy Rhode Island Family Court Matters – “a divorce action involving her former husband, Marc Seguin (Mr. Seguin), and a paternity action involving Seguin’s former boss at a prior place of employment.” Smith law. v. Mary Y. Seguin Eventually,  Smith Law makes a good decision to file a motion to withdraw- claiming it was owed $30,000 in legal fees. Id.  Smith Law was allowed to withdraw. Id.  Finally!

This should have ended this law firms involvement in this case so that the RI Law firm could go about its business representing, hopefully, paying clients

Why would any attorney in a RI Family Court allow a divorce and Paternity client to owe $30,000 without withdrawing representation in the Family Court sooner?

Editor’s note 6 /2/14  It appears that Ms. Seguin  was up to some of her old tricks when, after the RI Supreme Court ruled, she filed a federal lawsuit in the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND. “She brought suit against Rhode Island Governor Lincoln Chafee, Judge Paul Suttell, Chief Judge of the Rhode Island Supreme Court, and two Rhode Island state officials,alleging claims under 42 U.S.C. § 1983, federal criminal statutes, and state law, arising out of a series of orders issued in cases relating to custody proceedings involving Seguin.” http://www.gpo.gov/fdsys/pkg/USCOURTS-rid-1_12-cv-00708/pdf/USCOURTS-rid-1_12-cv-00708-0.pdf  Case 1:12-cv-00708-JD-LM Document 42 Filed 12/14/12 The federal court Judge dismissed this cause of action “because the complaint does not state a claim upon which relief can be granted.” Id.########

RI divorce lawyer should have withdrawn from case

In my opinion, the first mistake these Rhode Island Family Law Lawyers made was not withdrawing as soon as it became apparent that the client was not going to pay the bill. For its Part, “On May 1, 2007, the law firm filed a complaint against Seguin in the Superior Court seeking to recover unpaid legal fees  in the amount of $31,069.17, plus statutory interest and costs” Smith Law. v. Mary Y. SEGUIN. Rather then running for the hills from this client and focusing their attention on existing clients and obtaining paying new clients, Smith Law, in my opinion, effectively doubled down on this matter. Unfortunately, if this were blackjack they essentially decided to double down when their first two cards equaled 6. They should have ran away, far away and cut their losses at that time, but they decided to litigate.

Sadly, they then spent the next 5 years litigating the matter using countless resources in an attempt to collect a potentially worthless judgment.

After the law firm, in my opinion,  decided to (in essence) double down on its weak hand (even if the law firm obtained a judgment it is not clear that they probably would ever get paid), Ms Seguin Predictably ” filed an answer, as well as a counterclaim, setting forth fifteen counts against the law firm—specifically, Seguin alleged: (1) false advertising; (2) deceptive trade practices; (3) fraud; (4)  wire fraud;  (5) mail fraud; (6) RICO violations; (7) breach of fiduciary duty; (8) breach of fiduciary duty by trustee; (9) breach of trust; (10) grand theft; (11) tampering  with/altering legal records; (12) legal malpractice; (13) negligence; (14) breach of contract; and (15) breach of an implied covenant of good faith and fair dealing. Id

“Discovery proceeded between the parties for over two years.”Id.

“Subsequently, on March 16, 2010, the law firm filed a motion for summary judgment on Seguin’s counterclaim.” id. Smith Law’s ‘big victory’ so to speak in this case came on paper when “the motion justice granted the law firm’s motion for summary judgment on Seguin’s counterclaim and also granted partial final judgment, at the law firm’s request, pursuant to Rule 54(b) of the Superior Court Rules of Civil Procedure.” Id.

“We note that Seguin has filed numerous motions and memorandum with this Court in connection with her appeal, including, but not limited to: motions for sanctions against the appellee for fraud upon the Court; motions for de-novo appellate review; motions to vacate a void order for noncompliance with de novo appellate standard;  a motion to proceed to full briefing;  and a request for judicial notice.  We have considered such motions during the pend-ency of Seguin’s appeal and have denied them by various orders of this Court.” Id.

The Rhode Island Supreme Court affirmed the RI Superior Court’s motion for summary judgment on Defendant’s Counterclaim!

Pathetically, this does not end this fiasco as the law firm has not obtained a judgment on its collection case and has not obtained a penny of funds from their former client yet. I hope this firm is not paying out of pocket for its own lawyer. My only Piece of Advice to this Law Firm is MOVE ON! RUN FOR THE HILLS. Concentrate your resources in other money generating endeavors!  Cut your losses now because you should have cut your losses years ago. Stop wasting time and effort on this matter!

No comment yet.