August 2008 Archives

Testing developed by Yale may be able to detect ovarian cancer in its earliest stages. ovarian cancer can be treated effectively in its earliest stages. Currently, approximately 20 percent of cases involving ovarian cancer are detected before the cancer has spread to other body parts. The disease of cancer has a 90 percent survival rate when the cancer is detected in its original site and has not spread to other organs. In the later stages of cancer, only 30 percent of people will survive 5 years. However, the FDA advises that this type of testing has been proven effective at detecting cancer at its early stages and may even pose a risk to some patients.   

 
New York Times 8/25/08

Most types of cancer are curable if the disease is found early enough. There are different stages that are used to identify the extent of a person's cancer, the appropriate treatment, and the prognosis (what the future holds for the patient's health/how long he or she will live). The staging systems use numbers, letters, or roman numerals. In all staging systems, the higher the number or letter, the greater the amount of the body involved in the cancer. The lesser the number or letter, the better(and the less cancer present in the persons organs). Since most cancers are treatable if found at an early stage, it is hopeful for most patients who discover that they have cancer. Some types of cancer are even curable if the disease has spread throughout the body. With quick treatment and the right type of support and monitoring, most people can even live a productive and successful life with cancer for many years.  It is important to get regular screening for cancer from your physician especially if you are at risk for cancer.

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In a federal report released this week, the Department of Labor stated that workplace deaths have reached their lowest point since the Department of Labor began recording those statistics. The drop in deaths is attributed to involvement by Occupational Safety and Health Administration. Union officials argued that the drop in fatalities may have been caused by a decline in deaths during transportation, which is not regulated by OSHA. 
 
New York Times 8/20/08
 
Workplace deaths do not necessarily occur at the jobsite or accident site. Injuries from an accident can lead to a downward spiral in the health of the injured worker that eventually leads to death, especially when the injuries suffered are to vital internal organs or the head. Different jurisdictions have different requirements that must be met to perfect a claim for death benefits that occur immediately after an accident or some time after the accident. Deaths in the workplace can occur in various ways including but not limited to fires, explosions, falls, auto accidents, truck accidents and construction accidents. Make sure that if you or someone you know is affected by a workplace injury or death, you have an experienced lawyer that knows the law with regards to your specific case. 

Contact one of our experienced workers compensation lawyers today to get a free consultation.   
Over the past few weeks, evidence has come out that pointed the finger directly at a former government scientist as being responsible for the 2001 anthrax attacks. Further, evidence has also come out that this scientist may have been mentally disturbed. According to the Justice Department, the scientist suffered from serious mental and emotional problems during his tenure. That employee's psychological state may raise serious questions about whether the Federal Government properly monitors its employees with access hazardous materials. 
 
USA Today 8/11/08
 
Any suit against the Federal Government will likely be fought with several defenses such as notice of the danger of this employee, proper notice under Federal Government Tort Claims Act, and statute of limitations. 
 
Undoubtedly, suits will be brought against the Federal Government for this tragedy. The plaintiffs will have an uphill battle in proving that the Federal Government either was on notice or should have known about the mental state of this employee, and could have stopped the mailings. It will be interesting to see what other evidence is released regarding this scientist and the governments' knowledge of his mental instability. Should the Federal Government be held responsible for the unpredictable intentional acts of one of its employees? 
Recently, the Connecticut Supreme Court ruled that injuries that were caused by a claimant's smoking habit can be separated from his injuries resulting from asbestos exposure. The Court reduced the award for the injured worker based upon his concurrent conditions. Thomas B. Scheffey, Law.com 8/14/08
 
Currently, in Maryland an injured worker can be compensated for his pre existing conditions, if his injuries from the accident and his pre existing conditions make that worker eligible for recovery from the Subsequent Injury Fund. 
 
Similarly, in the District of Columbia, an injured worker can be compensated for his pre existing conditions as if the industrial accident caused the entire disability. 
 
It would be devastating to injured workers in both Maryland and the District of Columbia, if these benefits were taken away.   An injured worker who has certain obstacles or hindrances to employment, who later suffers an injury and cannot return to work or even their pre injury job because of the combined effects of injury from the accident and the preexisting conditions would be put in a position where they cannot return to work because of (at least in part) that pre-existing condition.  Usually, these provisions come in to play in older claimants. How good is a scheme of workers compensation benefits that does not protect older workers?

Google and the court room

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With the invention of the Internet andhand held access through cell phones and PDAs, jurors are taking itupon themselves to investigate court cases on their own. Jurors areunder strict instruction to solely consider evidence presented in thecourtroom. Circuit Judge John C. Themelis of Baltimore, Marylandrecounts that a fellow judge declared a mistrial in a case where ajuror used the Internet to research a defendant's criminal record. Local attorneys have heard stories that jurors have Googled their firm information through iPhones and other hand held devices.

When selected for a jury of any civilor criminal jury trial, the judge reads a set of instructions andclearly states, 'Do not research or investigate the case on yourown. You must base your decision only on the evidence presented inthis courtroom.' The burden of decision upon a juror is a heavyone. It seems only natural for them to want a complete picture ofthe case including background on the plaintiff, defendant, andattorneys. Google is a common search engine that allows the publicto type in a person's name and access pages of public criminalrecords and a person's background information.

A recent poll by a trial consultantfound that a huge majority of jurors follow the rulescompletely. However, is human curiosity too strong when access isright at their finger tips? Courts are beginning to seriouslyconsider the implications of personal research in the jury system. It's possible that court decisions may be overturned because of jurymisconduct. So, is the Internet compromising the jury system? For more information please contact our law firm.

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