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March 2017 News & Updates
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Nursing Home Abuse and Neglect
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Nursing Home Never Events
The National Quality Forum established a list of Serious Reportable Events that should never happen in a health care environment. Never Events are errors that occur in health care environments. These events are easily identifiable and measurable, and able to be prevented. Common examples of never events include pressure ulcers, falls, surgical site infection, catheter associated infections and so on. If you or a loved one has suffered an injury that may be classified as a Never Event, our attorneys may be able to help you.
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Proposed Class Action Fairness Act Would Mean Major Changes for Class Litigation in Federal Courts
A senator from Virginia has introduced a proposed piece of legislation that would have dramatic implications for class action litigation if passed. The senator proposed the legislation with the intent of making class action lawsuits more fair and more efficient for all parties involved, including the court system. The bill would increase the recoveries for victims deemed deserving and filter out claims considered unmeritorious. These meritless claims are viewed as an unnecessary burden on judicial resources, according to proponents of the bill.
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FDA Issues Warning About Risk of Bacterial Infection from Neti Pot Nasal Rinse Device
According to a recent report from the U.S. Food and Drug Administration, however, Neti Pots may actually increase users’ risks of contracting an infection. In a statement warning consumers about Neti Pots, the FDA said that some tap water used in conjunction with the device can contain harmful bacteria and protozoa, including amoebas. If these bacteria are swallowed, the stomach is capable of killing them. If the organisms enter the nasal passage, however, they can survive and cause a potentially life-threatening infection. The FDA is advising consumers to use sterile or distilled water in Neti Pots in lieu of tap water. They also suggest boiling tap water and allowing it to cool before using it in the Neti Pot. Filtered water or bottled water may also be a viable option. It is also advisable to sanitize the device between uses to prevent cross-contamination or recontamination.
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California Court To Issue Ruling on Whether Glyphosate can be Listed as a Prop 65 Substance
There are countless chemicals with which we come into contact in our daily lives. While some of these are open and obvious, like hand soap, others are more difficult to identify. California’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, prevents businesses from exposing consumers to chemicals that are “known to the state to cause cancer or reproductive toxicity” through drinking water. They are also prohibited from exposing consumers to these chemicals without providing warnings on the product that meet a “clear and reasonable” standard.
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State Supreme Court Rules Plaintiff Can Proceed with Failure to Warn Claim Against Surgical Robot Manufacturer
Intuitive Surgical, the company who developed and markets the da Vinci surgical robot, is facing another lawsuit challenging the sufficiency of the warnings that the manufacturer provided with the device. Recently, the Washington Supreme Court ruled that a plaintiff could proceed with a product liability lawsuit on behalf of her deceased husband against Intuitive Surgical. In his complaint, the plaintiff alleged that he suffered serious physical injuries during a prostatectomy using the da Vinci surgical device. According to the plaintiff’s allegations, the physician who performed the surgery noticed during the procedure that the plaintiff’s rectal wall had suffered lacerations. As a result of this complication, the physician had to perform immediate open surgery to repair the lacerations.
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Safety of Silicone Breast Implant Challenged in Recently Filed California Lawsuit
A federal judge in Texas recently entered an order reducing a jury verdict against Johnson & Johnson regarding its DePuy metal-on-metal hip implant device. Marketed under the brand name Pinnacle, thousands of plaintiffs have sued DePuy, alleging that the metal-on-metal hip implant was defective, was unreasonably dangerous, and failed to include proper warnings about the risks associated with the device.
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DePuy Seeks New Trial After Jury Returns $1 Billion Punitive Damages Verdict in Pinnacle Metal-on-Metal Case
Johnson & Johnson, the manufacturer of the DePuy Pinnacle hip implant device, has asked a federal judge to issue an order granting new trials after juries returned a total of $1 billion in judgments to six total plaintiffs. Each of these plaintiffs sued the medical device maker, alleging that the Pinnacle hip implant device failed to include proper warnings about its potential side effects and that it was designed in an unreasonably defective manner. These plaintiffs alleged specifically that the metal-on-metal aspect of the device resulted in dangerous side effects, including metallosis, a condition in which metal particles escape into the bloodstream.
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Illinois Court Holds Nursing Home Must Turn Over Internal Documents Related to Resident’s Fall
In a recent case, an Illinois appellate court recently decided that a nursing home was required to turn over certain documents in a medical negligence lawsuit after a resident fell at the nursing home. The resident in the case was an 88-year-old woman who was allegedly injured in a fall while she was a resident of the home. The plaintiff, who was the patient’s guardian, filed a claim on behalf on the patient’s behalf and was trying to get a copy of an internal report from May 2012 after the patient’s fall at the home. Read More.
Nursing Home Employee Assaults 85-Year-Old Resident
A woman was recently sentenced to one year in prison after she assaulted a nursing home resident. According to one news source, the woman, who was 20 years old and was a nurse’s aide at the home, attacked the 85-year-old nursing home patient. The patient had suffered a stroke and was mostly paralyzed, making it difficult for her to defend herself.
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Supreme Court to Hear Important Case on Nursing Home Care Agreements
On February 22 of this year, the United States Supreme Court will hear arguments in a case that may greatly affect nursing home care in this country. According to one news source, the case considers the legality of arbitration agreements signed by representatives of nursing home residents.
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Court Upholds Jury’s Verdict Finding Manufacturer Liable for Defective Ladder
In a recent case, a federal appeals court found in favor of an Illinois man who alleged his ladder was defectively designed. The man fell off his ladder while he was replacing the screws on his gutter and suffered a traumatic brain injury as a result of the accident. He later suffered from seizures, dementia, and quadriplegia.
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The Available Types of Damages in Illinois Personal Injury Claims
In a personal injury claim, a plaintiff has to prove not just liability but the extent of the damages. This means the plaintiff may need to establish the nature of the injuries, the expected duration of the injuries, how the injuries may have aggravated a pre-existing condition, disfigurement, disability, pain and suffering, emotional distress, necessary medical expenses, lost wages, care-taking expenses, and any shortened life expectancy.
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Plaintiff’s Award Initially Reduced Due to Insurance Coverage but Restored on Appeal
In a recent case, the plaintiff brought a personal injury claim against another driver and his company after he was injured in a car accident. The case proceeded to trial, and a jury found in favor of the plaintiff. The jury awarded him $84,283 in economic damages and $40,000 in noneconomic damages.
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Moll Law Group College Scholarship Award Application - Spring 2017
Moll Law Group wishes to support and recognize exceptional college students across the nation. In furtherance of its commitment to provide safety information in order to prevent further injuries and death, Moll Law Group is offering periodic $1,000 scholarships to the college student who submits the top safety information essay on a topic that furthers our injury prevention goal. The deadline to apply is March 31st and finalists will be announced by April 4, 2017. To learn more or to apply visit our
Scholarship Page.
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Every 2 hours of every day of the year a baby dies in an unsafe sleep environment. It’s vital that parents understand that how and where a baby sleeps are important factors attributing to an infant’s safety. Dr. Michael Goodstein, a Neonatologist in York, Pennsylvania and Medical Director of York County Kids for Cribs, recommends following the ABC’s of safe sleep. Read More
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