Mechanical Defect

May 10, 2016 by

Twenty-nine-year-old Brooke Melton had been driving her white 2005 Chevrolet Cobalt along Hiram Acworth Highway in Dallas, Georgia on March 10, 2010 at around 7:30 p.m. when she lost control of it, causing it to hydroplane across the center line, get hit by an oncoming Ford Focus, and fall 15 feet down into the waters of Picketts Mill Creek.

Melton, placed in a gurney inside an ambulance, was rushed to the WellStar Paulding Hospital in Hiram, which was approximately 6 miles from the accident area. She died in the intensive care unit from blunt force trauma that broke her neck.

Melton’s father, Ken, could not let her death rest. He scrolled through online discussion boards and was able to find other GM vehicle owners complaining about their vehicles’ mechanical defects; one father refused to let her daughter drive the family’s Cobalt after several incidents of it stalling.

Results from the investigation on Melton’s death showed that it was her fault that the accident happened; it also contained little details that made it seem as if the incident had all been an accident that could not have been predicted by anyone: a rainy evening, a fast rate of speed, a hydroplaning car, an oncoming vehicle. However, with these new revelations, Ken thought that maybe it was not his daughter’s fault; maybe it was the manufacturer of the vehicle that his daughter had been driving that was the one who caused her death.

Ken and his attorneys combed through resources like the Insurance Institute for Highway Safety and federal databases to find out cases similar to the death of his daughter. Then, they filed a lawsuit against GM which claimed negligence for its role in “designing, inspecting, manufacturing, assembling, marketing, selling, and providing warnings for the Cobalt”.

GM issued a recall of 1.3 million vehicles, including the Cobalt, because of defective power steering, nine years prior to Melton’s death.

Over the years, the National Highway Traffic Safety Administration has instituted mandatory – which were once optional – safety features for vehicles that will be manufactured and sold in America: three-point seat belts, antilock brakes, and airbags. However, or due to, these safety enhancements, the number of defective vehicles on the road are higher than ever, with the agency reporting 63.9 million vehicle recalls, or one out of every four cars in the U.S., in 2014. The website of Ausband & Dumont says that truck manufacturers are liable for the defects and malfunctions in their products and people who are hurt by these mistakes can hold manufacturers accountable.

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Birth Injury: Erb’s Palsy

Nov 24, 2015 by

An infant’s birth may be clouded by dark events, especially when medical professionals aren’t careful during delivery. Occasionally, care is just not attended to enough, and perilous birth injuries would be the result. One common birth injury related to medical error in the delivery room is Erb’s Palsy. This condition results when a baby’s brachial plexus is damaged, which influences the nerves situated in the top arm and shoulder.

Although most parents will not be immediately aware that their infant has been hurt, there may be signs that Erb’s Palsy has lead from carelessness. These indications might include a lack of response, lack of movement, or general weakness in the arm or shoulder. Living with Erb’s Palsy can be hard for both a baby along with her or his parents, not only physically but financially as well.

Effects of Erb’s Palsy

A person can be affected by Erb’s Palsy with the condition in several of ways, and also a newborn has restricted defenses with which to battle in this state. A number of the possible effects of this condition might contain:

  • Numbness in the arm
  • Weakness in the arm
  • Partial paralysis
  • Absolute paralysis
  • Muscle atrophy

Each of those effects might result from a baby acquiring Erb’s Palsy from an unsafe delivery. Erb’s Palsy lawyer John J. Driscoll‘s website states that many cases, such deliveries would be caused by carelessness or negligence from the medical staff involved.

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Mesothelioma: Still Used in the US, Still a Source of Threat

Aug 5, 2015 by

From 1999 to 2010 about 29,000 people in the US have already died due to mesothelioma and, every year, about two to three thousand more individuals continue to be added in the count.

Mesothelioma is a deadly, chronic cancer that affects the membrane lining of the lungs, the abdominal organ, and the sacs that protect the heart and the testis. From these organs affected are the four known types of mesothelioma:

Pleural mesothelioma. This is the most common type of this incurable cancer and it damages the pleura, or the thin cell wall lining of the lungs. The symptoms of pleural mesothelioma include shortness of breath, difficulty swallowing, persistent chest pain, fatigue, night sweats, and fever.

Pericardial mesothelioma. This affects the pericardium or the outer covering of the heart. Though the rarest type of mesothelioma, it remains to be the most dangerous due to its closeness to the heart. The symptoms of pericardial mesothelioma include chest pains, irregular heartbeat, breathing difficulty, coughing, fever, fatigue, and night sweats.

Peritoneal mesothelioma. This cancer involves the mesothelial lining of the abdominal organ. Its symptoms include abdominal pain and swelling, nausea or vomiting, fatigue, diarrhea, and weight loss.

Testicular mesothelioma. This type of mesothelioma develops along the lining of the male’s reproductive glands, called the testis. The major signs of this cancer include swelling of the scrotum and growth of testicular lumps.

Exposure to asbestos is the only known cause of mesothelioma. Asbestos, which is a fibrous and heat-resistant mineral contains and releases sharp, microscopic fibers which can be imbedded in an organ’s linings when inhaled or swallowed. Its deadly effect, however, only become evident about 20 – 40 years (or more) after exposure to asbestos. Due to this very long latency period, by the time mesothelioma gets detected, it would already have developed into an advanced stage, making treatment, which may prolong the patient’s life, very difficult. Thus, many of those diagnosed with mesothelioma are given only about one to two years survival rate.

Asbestos was widely used from 1930 to 1970, its use probably having peaked during the Second World War, when 4.3 million shipyard workers, including US Navy personnel, were exposed to thousands of tons of asbestos from the building of US battleships to the insulation of steam turbines, steam engines, steam pipes and boilers. According to the website of Williams & Kherkher, asbestos miners and shipyard workers are not the only ones who get exposed to asbestos. Contract workers, construction workers, railroad workers, factory employees, and other military personnel are also at risk.

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Risperdal may stimulate the Development of Pituitary Tumors

Apr 4, 2015 by

Several studies based on cases submitted to the Adverse Reporting System of the Food and Drug Administration (FDA) has concluded that Risperdal (risperidone) may cause pituitary tumors in patients. Risperdal is an atypical antipsychotic that blocks dopamine and serotonin receptors to control behavioral problems in people with autism, schizophrenia, and bipolar disorder. It has also been prescribed for off-label uses to treat anxiety, attention deficit hyperactivity disorder (ADHD), depression, and insomnia.

Many of these studies were almost a decade ago, at which point the researchers maintain that the findings are preliminary and warrant a longitudinal study to determine if Risperdal is indeed a causative factor. Fast forward to 2015 and there have been no recent studies published regarding Risperdal and its link to pituitary tumors.

A Risperdal lawyer probably knows that the drug stimulates the pituitary gland to produce more prolactin. This in turn can disrupt the production of other hormones, and cause the pituitary gland to enlarge and grow tumors. Most of these are benign, which means they don’t spread to other parts of the body. However, because of its proximity to the brain, the large ones (macroadenomas) can cause significant health issues in patients when they produce too much of one hormone or physically press on something, such as the optic nerves. Some of the issues from pituitary tumors include:

  • Cushing syndrome
  • Double vision, visual field loss, drooping eyelids
  • Galatorrhea
  • Gigantism
  • Headaches
  • Hyperthyroidism
  • Irregular menstrual periods
  • Lethargy
  • Nausea and vomiting
  • Olfactory problems

The size and activity of the pituitary tumors will determine the severity of these symptoms. In most cases, these manifest gradually and are mild enough that they go unreported. In some cases, the onset can be sudden and severe. This may be due to Risperdal.

If you experience any of these symptoms or other unexpected side effects of using Risperdal, do not keep it to yourself. Tell your doctor about it and report any serious injuries you sustained to the FDA. You should also consult with an experienced Risperdal lawyer in your area to see if others have similar cases. You could be eligible for compensation.

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How Serious is Hyperemesis Gravidarum?

Feb 1, 2015 by

Morning sickness i.e. the tendency of women in early pregnancy to feel nauseated over ordinary smells and to subsequently vomit is an accepted part of pregnancy. It occurs in about 75% of all pregnant women to varying degrees, but it is usually mild and lasts for about 10 weeks. It makes the mothers miserable but there is no real danger to their health or the well-being of the fetus. Some people believe that it is a way for the mother to gain sympathy or attention, but that is highly improbable. In fact, the very prevalence of morning sickness suggests that it is a defense mechanism against toxins that may harm the baby. Studies indicate that women who do not experience morning sickness are more likely to miscarry.

However, there are rare instances when the nausea and vomiting are more severe and prolonged than normal. This is called hyperemesis gravidarum, and it affects about 1% of all pregnant women. Women with this condition who go untreated can lose as much as 10% of their body weight prior to pregnancy and suffer from dehydration, constipation, metabolic imbalances, and nutritional disorders. These can lead to ketosis, keotacidosis, or thyrotoxicosis which can eventually lead to death.

There is very little that doctors can do except to monitor the patient and replenish fluids and nutrients until the nausea and vomiting subsides. In some cases when the condition is severe, doctors prescribe an antiemetic to prevent nausea and vomiting. Antiemetic drugs are generally not recommended for pregnant women because they may not be safe but in some cases the benefits outweigh the risks. One of the most popular antiemetic drugs for hyperemesis gravidarum is Zofran, mostly owing to the manufacturer’s claim that it is safe for pregnant women.

As it is turning out, the claim has no basis. Based on articles you will see when you view their website, lawyers at Williams Kherkher assert that Zofran may cause birth defects. If you believe the same thing, you should speak out. Contact a Zofran lawyer in your area for more information on how you can get compensation for your child who will have to deal with the consequences of preventable birth defects.

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Pending Changes in North Carolina Divorce Law

Jan 6, 2015 by

Currently pending in the North Carolina Senate is a bill proposing an extension of the waiting period for couples planning to divorce from one to two years. It is a plan principally devised by state Senator Austin Allran and backed by fellow Republican Warren Daniel to attempt to curtail the high divorce rate in the state. The bill, if it passes, will be known as the Healthy Marriage Act.

In addition to the waiting period, it will require a divorcing couple to undergo communication and conflict resolution counseling and a four-hour course on the impact of divorce on children for those who are parents. Critics of the bill believe that the bill has little hope of surviving an appeal should it be passed because it impinges too much into the personal lives of people. Divorce undoubtedly has a profound impact on the family, and it would be reasonable to want to avoid it under some circumstances. However, as stated in an article on http://www.marshalltaylorlawfirm.com/, there are situations in which divorce may be the best thing for everyone concerned.

For example, if the spouses have irreconcilable differences, forcing them to stay together longer can lead to a contentious home life that cannot be healthy for the spouses but especially harmful for children. Even if the children come to no physical harm, the hostile environment can have deep and lasting emotional and psychological impact that may have been ameliorated with the current waiting period. If the divorcing spouses have an amicable relationship but agree that they no longer wish to stay together, such a bill would unreasonably delay plans to move forward into separate lives.

If you want a divorce, you should move quickly to avoid being subject to these additional stipulations in case the bill passes. Consult with an experienced North Carolina divorce attorney in your area to facilitate your filing.

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Cocaine Possession

Nov 6, 2014 by

Federal law, as well as state laws in all 50 state of the US, considers the possession of any amount of cocaine as a crime. Legal definition of “possession” can be different from the textbook meaning: simple possession means a person has complete knowledge that they are carrying cocaine in their person or under their personal physical control. Constructive possession, on the other hand, depends on the interpretation, inference, and implication of the law to the situation and may cover a number of grounds. This would mean a personal can be charged with constructive possession of a narcotic or illegal drug depending on the situation wherein the law interprets them to have legal control over the drug.

Under federal law, cocaine (including the coca leaves where it is derived from) is listed as a “narcotic” drug, and crack cocaine (although made to be a cheaper version) has heftier penalties compared to powdered cocaine under federal and certain state laws. Penalties for those caught with cocaine possession can differ depending on the offense. If it is the first offence and the defendant does not have prior convictions, they can be sentenced to a fine of $1,000 and/or up to a year in prison, while those who have been convicted of cocaine of other narcotic drug possession (either in federal or state court) can have no less than 15 days a no more than 2 years imprisonment and/or a fine of nothing less than $2,500. A person who had two or more prior convictions may be sentenced with no less than 90 days of imprisonment and/or a fine of nothing less than $5,000.

Because being caught with cocaine possession is considered a serious crime, it can affect practically all aspect of your life. Mark Lassiter Law recommends immediately contacting Dallas criminal defense attorneys to protect your rights and in order to prepare a defense against the charges. A good defense lawyer would be able to provide advice what to do next, and since they know how the process goes they will be able to give you a realistic view of how the case would probably proceed.

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Deciding between Commercial Roof Repair or Replacement

Sep 2, 2014 by

A roof is primarily a protective covering, shielding a house or building from the elements. As such, it is subject to a lot of stresses such as extreme heat, wind, and water exposure which can really wreak considerable wear and tear over a period of time. In Texas, where the weather is not only hot but humid, a roof can deteriorate badly if it is not regularly inspected and maintained, especially commercial roofing.
When your commercial roof appears to be developing serious problems such as leaking to an extent that a replacement may become necessary, it is important to call in a Texas commercial roofing contractor or two to do an analysis of the condition of your roof before you make a costly mistake.

There is much to be said for replacing a roof, especially if it has been fully depreciated. When installed by an experienced roofing contractor, you are not going to have any major problems with it for years provided you follow the recommended maintenance schedule. However, the costs of replacing the roof are considerable, and if it is not necessary, it is money down the drain. If getting it repaired instead is perfectly feasible, it would create considerable savings for you that you can use to solve other building issues.

Unless you also have commercial roofing experience, you are not the best person to assess whether a replacement or repair is going to be the smartest move. In general, if a repair will extend the life expectancy of the roof to the original length or beyond at a cost that is less than a replacement roof, it is worth considering. In order to find this out, you need to get it thoroughly tested and analyzed by roofing professionals before you can make the right decision. A good Texas commercial roofing contractor will be very familiar with the standards required by the state’s building code, which sets certain parameters for commercial roofing.

When replacing a roof is considered necessary, an established contractor will be able to recommend the best type of roof system for a particular building which will not only last longer but save on energy consumption. If in doubt, do not hesitate to get additional analyses done and second opinions from other roofing contractors in the area. This is also a good way to comparison shop so that you get the best possible deal without sacrificing the quality of the repair or replacement.

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Getting It Right The First Time: A Guide To Hiring A Quality Personal Injury Lawyer

Aug 21, 2014 by

So you are going about your day, when all of the sudden you are injured out of the blue. You might find yourself asking why this happened to you and most of all, who will pay for this? The following article will help you get answers to these questions and more about personal injury.

Include lost income information in your notes. This includes the amount of time you missed work and did not receive compensation or were paid less money than usual as a result of physical or mental injury, lack of transportation, etc. You may include any money lost on classes you weren’t able to go to.

When choosing a personal injury attorney, ensure that you are choosing a law office which has an entire department dedicated to personal injury. Meanwhile, it is common for law offices to pursue several different types of cases, it is important to choose an attorney who’s well versed in your niche.

Look towards your friends and family members for advice on the personal injury attorney to choose. Make sure that they know someone who specializes in this field or who has successfully represented them in the past. This will give you the best chance for success in regards to your particular case.

Don’t hire a TV attorney if you can avoid it. This only leads to disaster. If you’re considering a television lawyer, make sure you vet them properly. Not doing so can end up costing you lots of money or wasted time. Instead, browse online to a legal website like the web page for Pohl and Berk, experienced lawyers in Tennessee.

It can be devastating when you are injured and never even saw it coming. This is why it is so important that you get compensated for this unfortunate event happening to you. Hopefully, after reading this article, you now feel more confident about what you should do in the event that you suffer a personal injury.

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Children in Personal Injury Cases

Apr 15, 2014 by

Children cannot be treated the same way as adults when they are injured or cause injury because they are presumed to lack the judgment that adults are presumed to have. Because of this distinction, there are special laws that apply for personal injury of and by children.

When minors (below the age of 18) are injured in an accident due to the negligence of a third party, they are entitled to the same compensation as an adult, including pain and suffering, disability benefits, and loss of future income. A parent or guardian is eligible to make a claim on behalf of a child for these items as well as a separate one for medical expenses, and negotiate a settlement with the plaintiff, which in some states must be approved by a court judge.

There are also some rules that apply to adults but not to children. In premises liability, for example, the premises owner cannot be held liable for injury sustained by a trespasser on premises. For children who trespass, however (the age depends on the state) the premises owner is still held liable for any injury that may occur on premises.

When a child is responsible for an accident, the age of the child will dictate the extent of liability. In general, children below 7 years old cannot be held liable for any injuries they may cause accidentally because they are unable to understand the consequences of their actions the same way an adult should. However, the parent or guardian may be held accountable for failing to exercise control over the child.

Children who are presumed to know right from wrong can be held liable, as are their parents, for any injury they cause, accidentally or intentionally, the same as an adult. The standard of care is based on how a reasonable child of the same age would be. If the minor is old enough to drive a car, they are held to the same standard as an adult. In most cases, the minor is covered by his or her insurance (when driving a vehicle) or by the homeowners’ policy of the parents for any damages that may be assessed against the minor. If there is no insurance and the injury is serious, the minor may be held personally liable for damages which will become due when the minor starts earning.

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