June 21, 2014

S.B. 648 - North Carolina Measure to Restrict Product Liability Lawsuits Fails


Imagine a bill that would grant unprecedented immunity to product manufacturers who obtain the approval of any federal regulator. Multibillion-dollar companies would face virtually no accountability for the products they put on the market, so long as it was rubber-stamped by an understaffed government office first - no matter how much harm that product caused.
drugpills.jpg
That was exactly the measure that was weighed here in North Carolina three years ago, pushed hard by the Pharmaceutical Research Manufacturers of America lobbyists.

Our Charlotte personal injury lawyers weren't the only ones relieved when it finally died in committee. However, it reared its ugly head again this spring in the form of Senate Bill 648. Once again, representatives from the PRMA were pushing it hard.

Continue reading "S.B. 648 - North Carolina Measure to Restrict Product Liability Lawsuits Fails" »

June 18, 2014

Sims v. Graystone - NC Appeals Court Allows Negligence Claim


A Catawba County woman will have the chance to have her negligence claim against an ophthalmology clinic heard before a jury, after the North Carolina Court of Appeals recently reversed a trial court's summery judgment in favor of the defendant.
chair.jpg
The plaintiff in Sims v. Graystone Opthamology Associates alleged ordinary negligence by the staffers at the center for placing her in a rolling chair that subsequently slid out from underneath her, causing her to fall to the ground and fracture her hip and shoulder. She had to undergo surgery, rehabilitation and incurred high medical costs.

Greensboro personal injury attorneys understand the incident occurred after the plaintiff arrived for her exam, but before the exam began.

Continue reading "Sims v. Graystone - NC Appeals Court Allows Negligence Claim" »

June 16, 2014

Alldredge v. Good Samaritan Home, Inc.: Tolling the Statute of Limitations in a Wrongful Death Action


One of the most important questions Asheville wrongful death attorneys have is when a cause of action arose. In other words, when did the injury or accident occur? This question is important because all civil actions, including those for wrongful death under a theory of negligence, must be filed within the applicable statute of limitations.

The specific statute of limitations varies by state and by type of case, but essentially these calendar.jpgstatutes limit the amount of time you have to file a case against somebody. In North Carolina, pursuant to Article 5 ยง 1-53 of the General Statutes, wrongful death actions have a two-year statute of limitations. This two-year period starts running at the time of death. In the North Carolina General Statutes there are several different statutes of limitations depending on the type of case and even the type of injury.

In Alldredge v. Good Samaritan Home, Inc., the Indiana Supreme Court dealt with the issue of what happens if the cause of the accident is not discovered during the statute of limitation. In Alldredge, the plaintiff's personal injury lawyer discovered that Venita Hargis, a nursing home patient, had died after being attacked by another resident, and not as a result of falling as claimed by the nursing home. In our legal system, you generally cannot sue for something that is truly an accident where nobody is at fault. The injury or harm must be caused by someone's negligent or intentional actions. In Alldredge, the court found that not only did the victim die from being attacked by another patient, but the defendant nursing home purposefully and fraudulently covered or "concealed" the real cause of Ms. Hargis' death. Even though it was not discovered during the two-year statute of limitations, the court said the plaintiff could still bring an action because the defendant's fraudulent concealment "tolled" the statute of limitation.

Continue reading "Alldredge v. Good Samaritan Home, Inc.: Tolling the Statute of Limitations in a Wrongful Death Action" »

June 13, 2014

Don't Assume People See You


An Elon University freshman riding her bike to class, turned to enter a crosswalk on campus and WHAM! - she was struck and knocked off her bike by an oncoming car the victim said didn't even slow down.
bicyclist-44318-m.jpg

"I thought he was stopping and I went ahead into the crosswalk, and he kept going and he just hit me," the student told Elon Local News. She ended up with a gash above her right eyebrow, a mid-range concussion and lifelong concerns about riding her bike in a crosswalk, no matter how clearly marked. "Don't assume that people see you," she was quoted as saying. "Always be careful. You'll be glad that you stopped."

The driver of the car was cited with entering a crosswalk or hitting a pedestrian at the crosswalk.

Continue reading "Don't Assume People See You" »

June 11, 2014

Bouncing Kids Straight To The Emergency Room


When a child is injured it is difficult for all involved. Our Charlotte child injury attorneys are part of a family firm, and we understand how the law works when it comes to children: Our focus is on the injured child, a victim who should not be held responsible for actions that contributed to his or her injuries.

The popularity of inflatable bounce houses has skyrocketed over the past few years, as has the number of freak accidents - and deaths. Years ago, parents had to rent the bouncy houses from an amusement company that was also responsible for their safety. Today you can walk into a Walmart and buy one off the shelf.
bounce.jpg

The top three contributors to child injuries while playing with a bouncy house are high winds, improper anchoring and lack of supervision.

Continue reading "Bouncing Kids Straight To The Emergency Room" »

June 7, 2014

Peter v. Vullo et al - NC Appellate Court Weighs Medical Malpractice Appeal


Asheville medical malpractice attorneys know that sometimes, we start off with a long litany of negligence complaints, and may only be able to proceed with one or two of those. Often, this is still enough to result in ample compensation for our client, whether resolution is ultimately reached in a settlement agreement or at trial.
doctorneedle.jpg
This is the kind of track that the plaintiffs are on in the case of Peter v. Vullo et al, weighed recently by the North Carolina Court of Appeals.

The case, out of Mecklenburg County, initially resulted in a summary judgment in favor of the doctor defendants. However, the appellate court has reversed in part, allowing that some of the plaintiff's claims should be allowed to proceed.

Continue reading "Peter v. Vullo et al - NC Appellate Court Weighs Medical Malpractice Appeal" »

June 5, 2014

Lynch v. Carolina Self Storage Centers - Proving Proximate Cause of Injury


The South Carolina Court of Appeals struck down a plaintiff's effort to have her personal injury claim retried on grounds of juror misconduct.
industrialpark.jpg
In Lynch v. Carolina Self Storage Centers, Inc., the appellate court found there simply wasn't enough evidence of misconduct to justify a new trial, as none of the alleged bias involved information received from outside sources.

Rock Hill personal injury lawyers know that appellate courts will generally seek to avoid overturning a jury verdict altogether when they can, which is why it's so important to make sure your case is strong before your case is heard.

Continue reading "Lynch v. Carolina Self Storage Centers - Proving Proximate Cause of Injury" »

June 2, 2014

Baird v. Owczarek - Botched Eye Surgery Plaintiff Will Have Second Chance at Trial


A man who alleges he suffered a vision-threatening corneal disease following negligence by doctors who performed eye surgery on him will have a second chance at trial, the Delaware Supreme Court has ruled.
eye12.jpg
In Baird v. Owczarek, the high court determined there were several reversible errors at the trial court level that required the judgment in the defendant's favor be reversed and the case remanded.

Charlotte injury lawyers know that it's relatively rare for supreme court justices in any state to reverse the judgment of jury in its entirely, but the circumstances of this case amounted to egregious violations that deprived the plaintiff of a fair trial.

Continue reading "Baird v. Owczarek - Botched Eye Surgery Plaintiff Will Have Second Chance at Trial" »

May 31, 2014

Mack v. Stryker - Pain Pump Maker Couldn't Have Known Risks, Court Rules


Those seeking compensation for injuries suffered as a result of older pain pump implants manufactured by Stryker Corp. are going to have a tougher time proving liability, following the decisions in Mack v. Stryker and Rodriguez v. Stryker, handed down by the Eight Circuit and Sixth Circuit federal appellate courts.
businessmanwalking.jpg
The issue is not whether these devices caused harm. Certainly, there is little question they did. At issue is whether the defendant knew or should have known their device caused harm, and yet failed to warn of potential dangers.

Greenville personal injury attorneys recognize that the divided rulings will likely impact those whose implants were initiated prior to 2007. It was at this time, the courts indicated, that medical knowledge regarding the potential harm of these devices was first noted. That means those with injuries sustained post-2007 still may have a strong case for damages.

Continue reading "Mack v. Stryker - Pain Pump Maker Couldn't Have Known Risks, Court Rules" »

May 28, 2014

Mammarella v. Evantash - Diagnostic Error Top Cause of Medical Lawsuits


The No. 1 reason patients give for filing suit against their physicians is failure to diagnose a disease, such as cancer, according to researchers studying medical malpractice claims in the U.S., Canada, France and Australia.
silouettes.jpg
The Royal College of Surgeons in Ireland found that between 26 and 63 percent of all medical malpractice claims can be traced to missed diagnoses. Charlotte medical malpractice lawyers recognize that any time a proper diagnosis is missed, it creates a situation wherein patients may miss out on potentially life-saving treatments. They may have to later endure more painful and invasive treatments than they otherwise would have if the doctor had caught their condition sooner.

In order to win in these instances, however, the patient must show a strong causal link between the missed diagnosis and some injury suffered as a result. This was where the plaintiff in the case of Mammarella v. Evantash, M.D., et al. failed. In the Delaware Supreme Court's recent review, the court affirmed an earlier summary judgment in favor of the defense, finding the plaintiff failed to present the necessary expert witness testimony that would have solidified her case.

Continue reading "Mammarella v. Evantash - Diagnostic Error Top Cause of Medical Lawsuits" »

May 25, 2014

Southern Cities More Prone to Pedestrian Accidents


Pedestrian safety researchers are hopeful the next decade could bring about significant improvements in road design to bolster walkability and well-being among non-vehicle users.
walk2.jpg
However in the meantime, we are still grappling with an "epidemic" of pedestrian deaths - some 47,000 between 2003 and 2012, according to the Dangerous by Design 2014 report, released this month by Smart Growth America. Another 676,000 were injured. Not only that, pedestrian deaths accounted for almost 15 percent of all traffic deaths in 2012, which was a 6 percent increase from just a year earlier - and a five-year high.

Perhaps even more troubling for those of us in the South was the indication that those in Sunbelt communities that grew in the post-war period were among the most dangerous places. Charlotte pedestrian accident lawyers recognize that many of these areas developed rapidly, with strong emphases on wide, fast roads that would connect homes to schools, workplaces and shopping facilities. These roads are not often equipped with the safety features necessary when traveling on foot.

Continue reading "Southern Cities More Prone to Pedestrian Accidents" »

May 23, 2014

Preventing Child Injuries in Hot Cars


Temperatures are getting warmer in the Carolina's and the National Highway Traffic Safety Administration (NHTSA) is sending an alert to parents and caregivers that hot weather could mean serious risks for infants and young children who are left inside vehicles. luxury-car-interior-1436692-m.jpg

The NHTSA is urging caregivers to "Look Before You Lock" to ensure that a baby or young child is not left inside of the back seat of a car. Unfortunately, death or permanent brain damage can happen very quickly in circumstances where children are left inside vehicles. Caregivers including daycares and school bus drivers could be held legally responsible in situations where a child is left inside of a vehicle and is harmed. An experienced child injury lawyer in Asheville can represent victims and families after a tragedy.

Continue reading "Preventing Child Injuries in Hot Cars" »

May 21, 2014

Boating Accident Victims Urge Safety This Summer


From 2010 to 2013, there were 87 boating fatalities on lakes in South Carolina. Families recently gathered at a church in Lexington to honor those who have been lost and to urge safety this boating season in order to prevent future deaths. Local sheriffs and law enforcement members are also speaking out to remind those on the lakes to obey safety rules and follow best practices to avoid collisions. speedboat-with-white-sails-on-the-sea-in-turkey-1428367-m.jpg

When an accident occurs on the waterways, an a boating accident attorney can help injured victims or surviving family members to file a claim. Those responsible for the incident may be obligated to cover damages, including medical costs, pain and suffering, lost income and emotional distress.

Continue reading "Boating Accident Victims Urge Safety This Summer" »

May 19, 2014

Skilled Nursing Facilities Doing Patients More Harm Than Good?


Discharge to a skilled nursing home setting is very common, especially as insurers regularly trying to limit the length of hospital stays in order to cut costs. Patients frequently undergo their rehabilitation or recovery in a skilled nursing facility after a stroke or other serious health problem. Unfortunately, the treatment provided in these facilities often falls far short of expectations in many cases. woman-in-hospital-1051476-m.jpg

When a skilled nursing facility provides substandard care, the patient who is harmed may take legal action. A nursing home neglect lawyer in Spartanburg can represent patients and families.

Continue reading "Skilled Nursing Facilities Doing Patients More Harm Than Good?" »

May 15, 2014

Preventing Burn Injuries: Tips for Outdoor Grilling


Barbecues and outdoor grilling are a favorite year-round pastime throughout the Carolinas. During the spring and summer months, families, friends, and neighbors will find even more opportunities to get together and grill out. With the onset of barbecue season, it is important to keep in mind safety to prevent accidents and injuries, especially burns. In addition to propane explosions, grills can also pose potential fire hazards.
grilling.jpg
Our Charlotte personal injury attorneys are committed to keeping our communities safe and to preventing accidents and injuries.

Propane and charcoal grills should only be used outdoors. This may sound obvious, but many grillers have tried to use these grills in garages or in other enclosed spaces which can be extremely hazardous. In addition to the potential for carbon monoxide poisoning, having a grill in an enclosed space or too close to a building is a clear fire hazard.

Keep away from railings, awnings, and foliage. All grills should be kept far enough away from railings, building structures and other flammable items, including lawn furniture, awnings, plants or other dry foliage. Wherever you decide to put your grill, the area should be well ventilated, not in a garage or tent.

Continue reading "Preventing Burn Injuries: Tips for Outdoor Grilling" »