Articles Tagged with injury attorney

Stem cells have been on the forefront of exciting new research in recent years. However, it seems some clinics have gone too far in promising what stem cell treatments can offer. Of the more than 550 known stem cell clinics nationwide, a significant number offer relief for everything from sports injuries to autism to Alzheimer’s disease to multiple sclerosis. In reality, there is scant evidence these treatments offer any beneficial outcomes for these patients, and worse, in some cases the treatments may result in serious and life-altering harm. lab work

Recently, The Washington Post reported on three incidents at a south Florida clinic that was offering unproven stem cell treatments as a “clinical trial.” Three female patients with visual impairment agreed to participate, in the hope the treatments might help improve their vision. Instead, it rendered them all three completely blind.

This was reported in a recent article in the New England Journal of Medicine, which outlines this as one of the most egregious instances of personal injury involving a stem cell. There are at least a handful of stem cell clinics here in North Carolina, including in Charlotte and Cary. The services of one were recently detailed in The Charlotte Observer, with the clinicians promising non-surgical relief for sports injuries and chronic joint pain. Stem cell injections were touted as a “regenerative” alternative to hip replacement or knee replacement surgery. Continue reading

Workplace injuries can happen anywhere, but construction sites are often full of numerous hazards. If a worker suffers a catastrophic personal injury on a construction site, the worker or the worker’s family may have grounds for a third-party liability claim against the property owner or other subcontractors on site.staircase

We mention this because usually when an injury is work-related, the injured worker is limited by the exclusive remedy provision of workers’ compensation law to only get workers’ compensation from an employer – even if that employer was negligent. However, there are cases in which non-employers are liable too for work injuries, and this is where a third-party liability claim may arise. We see this a lot in construction accident cases because there are often so many different parties – owners, general contractors, subcontractors, and employees of all those. Whether a third-party claim for a construction site injury is viable is going to depend on the contracts among those various entities and which company was paying for workers’ compensation insurance.

Similar provisions pertaining to workers’ compensation exist in states across the country. In a recent case before the Rhode Island Supreme Court, two companies – neither a direct employer of the injured worker – were battling over which may be liable for the incident.

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A spokesperson for a Georgia diner is denying allegations that so-called “exploding plates” caused injuries to a customer when he patronized the establishment in 2015. bowls

The customer is suing the national restaurant chain and its franchise after he alleges what began as a casual lunch with a co-worker ended with his suffering significant hearing loss and damage to his ear. He asserts a shard of glass became lodged in his ear after there was reportedly an “explosion” of dishes in the kitchen that sent glass fragments flying into the dining room – and right to where he was seated.

It’s been reported that the “explosion” was caused when steaming hot plates, fresh out of the sanitizing dishwasher, were sprayed by an employee with cold water. The reaction of heat and cold caused the plates to shatter, the plaintiff says, with pieces of glass spewing in all directions.

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Ethicon, a corporate subsidiary of Johnson & Johnson, has faced a number of lawsuits related to the surgical mesh it created and marketed to women who suffered various types of organ prolapse, either due to age or childbirth. The company is still fighting many of those cases, although it settled thousands just this year. woman

Now, the company is accused of making a defective product intended for patients suffering from hernias. This product too is a type of mesh, and the allegation, similar to the transvaginal mesh lawsuits, asserts the product does not perform as expected, adheres to internal tissue in a way that causes incredible pain and dysfunction, and makes it very difficult to remove during necessary revision surgery.

The hernia mesh goes by the brand name Physiomesh. The latest of these Physiomesh lawsuits was filed in a federal court in Florida. According to the Florida Record, there have only been four of these product liability lawsuits filed so far, but it’s anticipated that many more will follow.  Continue reading

An appeals court in California affirmed a nearly $7 million jury verdict in favor of a worker who sustained third-degree burns four years ago while examining swimming pool equipment under construction. The equipment exploded due to a build-up of propane in the underground vault, which was not appropriately ventilated. construction

Authorities investigating the accident later determined that the propane line that was used to heat the pool ignited while plaintiff, working for a subcontractor, was examining the equipment. The home construction project was being overseen by the owner of the property, a licensed concrete subcontractor who was building his wife’s “dream home.” He was acting as the general contractor on the construction of his own home – including the installation of the pool equipment.

Acting as the general contractor of the project, the property owner/ defendant obtained all the permits for construction and also served as the person responsible for construction. He did the concrete work himself and then hired licensed subcontractors to finish the other work. He was on the site every day, tracking the progress, asking when subcontractors were finished with each job so that he could have inspectors approve it.  Continue reading

More than 50 former World Wrestling Entertainment (WWE) wrestlers have filed a class action personal injury lawsuit against the agency, alleging acute and long-term damage to their brains. The organization is accused of failing in its duty to protect former wrestlers from the ill effects of repeated blows to the head during performances, according to CNNbrainscan

Among the ailments from which the former wrestlers claim to suffer:

  • Concussion;
  • Traumatic brain injury;
  • Chronic traumatic encephalopathy (CTE) (an Alzheimer’s like disease).

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You may know that the majority of personal injury lawsuits never make it to trial. A big reason for that is that many are settled out-of-court before they ever reach that stage.

But there is another reason too: Summary judgments and motions to dismiss. caraccident7

All civil lawsuits have to meet the basic merit requirements before proceeding. Motions to dismiss and for summary judgment can be filed by the defendant prior to trial. Both are essentially requests to the judge to toss the plaintiff’s case. In order to succeed in a summary judgment motion, defendant has to convince the judge:

  • There is no dispute as to the material facts of the case;
  • Plaintiff failed to meet his or proof burden;
  • Defendant should prevail as a matter of law.

Courts are not supposed to hand down a summary judgment if there continue to be disputes of material facts in the case. However, it’s not uncommon for a defense lawyer to file a summary judgment fairly early in the proceedings and set a hearing prematurely on the issue. The strategy is to get the issue before the judge before there is ample evidence to show a dispute of material fact.  Continue reading

Child care can be a harrowing profession, not the least of which because children – especially those very young – frequently imperil themselves. Proper care requires constant vigilance and caution.toys1

However, as the case of Nielsen v. Bell reveals, it may not be just the child who is at-risk.

In this case, the Utah Supreme Court was asked to consider whether a 4-year-old boy and his parents could be held liable for injuries suffered by his teen babysitter when he threw a toy at her eye. Continue reading

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