A medical malpractice lawsuit has been filed in Texas resulting from alleged hospital negligence. The allegations suggest that a 3 year old girl had a corroded lithium battery stuck in her nose and the hospital failed to take an x-ray of the noseat the initial emergency room visit and also sprayed medicines up the nose that caused the battery to leak acid into the nose.
New drug resistant infection
10/14/2009 01:28:23 PM
Physicians are concerned about a new infection that appears to be drug-resistant. The new infection is called gram-negative bacteria infections such as Acinetobacter baumannii, pseudomonas aeruginosa and Klebsiella pneumoniae. These are especially difficult to treat since they fight off even the most advanced antibiotics supposedly.
Baltimore gas spill ended in large verdict
08/27/2009 01:26:34 PM
Jurors in Maryland have rendered large verdicts against ExxonMobile for a huge gas spill in Baltimore County in 2006. The were approximately 300 plaintiffs in the lawsuit who alleged the spill caused damage to the underground water table leading to devaluation of their property and personal injuries as well. The jury awarded millions of dollars in damages.
DC Metro Accident
06/24/2009 01:25:39 PM
It now appears according to reports that there are conflicting stories about whether the operator of the red line commuter train in Washington D.C. on June 22, 2009 attempted to apply the emergency brakes before the crash near the Fort Totten station. According to investigators, the operator had pushed the emergency brake button and the railroad tracks showed signs of the brakes having been engaged. The investigation also revealed that the striking train was being run in the automatic mode. According to experts, this should have prevented the accident because the automatic mode controls speed and causes a train to stop before getting too close to a train in front of it. The preliminary investigation also suggests that the first two cars of the Metro train involved in the collision were overdue for brake maintenance. The investigation now appears to be including whether the train operator failed to engage the brakes early enough, whether the computer system malfunctioned and whether the striking train actually ever did slow down before the collision. A review of the maintenance records of the involved trains has also been undertaken to determine just how current maintenance on the train braking system and computer system was. The computer system was supposed to be failsafe because it supposedly controlled the speed of the train, recognized when the train was catching up to another train and recognized when brakes needed to be applied and did so automatically.
The relays of the signal system for the train were manufactured by Alstom Signaling apparently. Because of known problems with the relays, the manufacturer had apparently consented to replacing them. There are known problems of sticking or failing of the relay systems, especially those manufactured between 1960-1985 by General Railway Signal who sold to Alstom Signaling in 1998. Apparently, the Federal Railroad Administration issued a safety warning concerning the relays so Metro was on notice of this issue long before the crash in this case.
It is important that any injured party in this accident be selective in choosing an attorney. Be careful that the attorney has the experience and knowledge to represent the client on such a large and complex claim. Be especially careful of any attorney who makes direct contact with an injured person in the Metro crash as that is most likely inappropriate.
06/24/2009 01:24:00 PM
Tragedy hit Washington D.C. today when a rush hour collision between two Metro trains killed at least six people and injured at least one hundred others, some of whom had life threatening injuries. One of the deceased was a female operator of one of the trains. Apparently, this was the most deadly train crash in the history of Washington D.C. The crash happened on the red line, above ground. Early reports indicate one of the trains was stationary during the crash and both trains were on the same track. METRO officials are not saying whether they know the cause of the crash at this time. The National Transportation Safety Board will investigate the cause of the crash. FBI and Homeland Security officials were also on the scene although by all preliminary accounts there is no suspicion other than the collision was an accident.
Metro was founded by a multi-jurisdictional transportation agreement and there are certain notice requirements that may be necessary to protect one’s rights in order to make a claim against Metro.
The attorneys at Foran & Foran, P.A. are experienced in assisting clients involved in Metro, train or bus crashes
We have several cases presently pending involving Metro accidents.
If you know someone involved in the recent train crash, please consider referring them to us for representation. We have access to expert witnesses who can be invaluable in the event a trial is needed to obtain a fair recovery.
Arbitration proceedings under scrutiny
06/09/2009 01:23:00 PM
Required arbitration proceedings to resolve disputes have met with some judicial opposition if it becomes unconscionable. For example, a federal appeals court recently indicated that state courts may declare arbitration clauses unconscionable where individual claims may yield minor sums. Although most arbitration clauses are upheld by courts,
there does seem to be a trend away from them in certain circumstances.
Certainly, where there is a possibility of a class action suit, such a suit may not be barred where the individual suit could be so minor as to operated unfairly against the claimant.
Is Seroquel safe?
05/22/2009 02:54:49 PM
As a result of recently unsealed documents, AstraZeneca apparently has been demonstrated to have hid results of unfavorable clinical trial documents for its antipsychotic drug Seroquel. Records supposedly suggest that AstraZeneca suppressed the results of at least three trials and used selective information from other trials to promote its drug. There are thousands of lawsuits pending because of this alleged deception. Claimants suggest there are many dangers with the use of Seroquel that should have been disclosed to consumers.
Jury award in car accident case
05/08/2009 02:56:11 PM
A jury recently awarded 33.2 million dollars to a passenger in a car driven by a drunk driver. Apparently, the driver was involved in a car wreck after both occupants left a party. The passenger was paralyzed as a result of the accident and requires lifetime care. There were no specifics of the life care plan reported.
Trian derailment involving serious injury
05/05/2009 02:57:52 PM
A brain injured passenger on a train has filed a lawsuit against the passenger train service. Apparently, the train was traveling 69 miles per hour when it was supposed to only be traveling 10 miles per hour. The train derailed thereby causing the life altering injuries. A jury awarded 29.5 million dollars for the injuries sustained. The injured plaintiff was a 28 year old woman who was pregnant at the time. The child survived the derailment.
More information on AMTRAK accidents.
Supreme court ruling in Wyeth v. Levine
04/23/2009 02:59:31 PM
The Supreme Court recently ruled in the case of Wyeth v. Levine that state failure to warn claims are not pre-empted by federal drug labeling laws. It has been suggested that this ruling indicates a major shift away from protection of business by the Supreme Court. Some suggest this clears the way for the proposed legislation granting similar rights to patients who use Class III medical devices. Proponents of the new legislation say that the FDA is woefully understaffed and therefore there is not adequate protection for the consumer offered by proper FDA investigation of products.