Injured - The FindLaw Accident, Injury and Tort Law Blog

February 2011 Archives

Can a Bra Cause a $75,000 Skin Discoloration?

Listen up, Ladies. Bra shopping may have just gotten a bit worse. When you pick out a bra, skin discoloration (aside from those pesky stretch marks) is the last thing on your mind. That might just have to change.

A South Carolina woman has filed a products liability lawsuit against Hanes and Walmart alleging that her $10 bra caused $75,000 worth of skin discoloration.

Ski Accidents: Top 3 Ways Not to Get Injured

It may be March, but with wacky weather patterns plaguing most of the U.S., it looks like ski season isn't going to end any time soon. This is why it's important to brush up on your ski safety, and to know what your rights are if you get hurt.

So, if you're heading up to the slopes in the near future, keep in mind these tips for avoiding a ski accident. And if you've already been in one, jump down below to learn about your rights.

1. Buddy up and stay close. If you're off the beaten path, it's important not to go at it alone. Bring a partner. It's also suggested that you keep one another in sight, especially in deep snow. This way, if you're involved in a skiing accident, Mt. Shasta News explains that someone can rescue you. Or, at the very least, dig your head out. After all, a skiing accident is better than a fatal skiing accident.

Benzene: What to do After Benzene Exposure?

You can expect to hear about benzene and benzene exposure fairly soon in the next few years. As science tells us more and more about the link between benzene and cancer, the harms associated with the chemical will become better known. If you think that you have been exposed to benzene, or are vigilant about your health, it would be wise to read on.

What Is Benzene?

Benzene is a light-colored liquid that, when heated, evaporates into the air. It also releases a sweet odor, which is why it can sometimes be found in beauty products. However, the Department of Health and Human Services, the Environmental Protection Agency, and the International Agency for Research on Cancer have determined that benzene causes cancer.

Slip and Fall Case Tossed: Used Wrong Street Corner

Attention would be slip and fall plaintiffs: if you're going to sue someone for a slip and fall on their property, a rough estimate isn't going cut it. Neither will the wrong location.

Robert Graczyk learned that lesson the hard way. The Michigan man fell and was injured on an uneven sidewalk while retrieving his trash can. He gave Bay City notice of the potential slip and fall case. However, he said that the injury happened on the northeast corner of the street, while it turns out it happened on the northwest corner. Graczyk's attorney didn't correct the error until well past the deadline, the Associated Press reports.

Kids for Cash Judge Sued in Class Action Suit

Two years ago, news broke that Mark Ciavarella, a juvenile court judge in Pennsylvania, wrongly sent hundreds of juveniles to private detention centers in exchange for nearly $1 million in kickbacks.

The "kids for cash" scheme was a shocking revelation, and caused the Pennsylvania Supreme Court to dismiss over 4,000 cases Mark Ciavarella presided over between 2003 and 2008. One of those kids for cash ended up killing himself.

USC: Kidney Put in Wrong Patient by LA Hospital

A lot can go wrong during a kidney transplant. The patient can seize on the table, bleed out, or reject the kidney. Even worse? The doctors can implant the wrong kidney. As USC University Hospital knows, it happens.

USC announced last week that it had temporarily halted kidney transplants after the wrong kidney was accidentally implanted into a patient last month. USC kidney transplants, however, may resume within the next week.

How Much is My Slip and Fall Case Really Worth?

The world is a veritable landmine for slip and fall accidents. You've got cracked sidewalks, ripped carpet, spilled drinks, banana peels, and that crotchety old neighbor who just won't move all that stuff from his front yard. It's no wonder slip and fall attorneys are so busy. Actually, the truth is that slip and fall attorneys are so busy because slip and fall accidents are extremely complex, involving a determination of fault and an intense calculation of damages.

Just because you slip and fall on someone else's property, doesn't mean they're legally at fault. To determine liability in slip and fall accidents, it must be proven that the property owner was negligent. Did he not properly care for the property? Create the condition that cause the slip and fall? Or simply know that it existed yet fail to correct it? Did he not know about the danger, but should have? It's not as cut and dry as accident victims wish it to be.

Cowboys Stadium Ice Victim Warned by Police?

Super Bowl XLV didn't go down without a hitch. In addition to thousands of fans being left without a seat, perched on top of Cowboys Stadium, ice began to slide onto visiting fans below. As it turns out, one of the Cowboys Stadium falling ice victims was actually warned by the police.

When the news first broke on the Friday before the game that ice and snow were falling from the stadium's domed roof, lawyers around the country began salivating at the mouth. Did the Cowboys Stadium falling ice victims have a lawsuit on their hands?

Oregon Man Dies Waiting for Ambulance at ER

At 61, Birgilio Marin-Fuentes knew it was time to head to the hospital. Getting in his car at a little past midnight, he drove less than two miles to Portland Adventist Medical Center. Pulling into the emergency room parking lot, he suffered a heart attack, crashing into a steel pillar. He was only 125 feet from the emergency room entrance, reports The Oregonian.

Twenty minutes later, two officers were called to the scene. While one performed CPR, the other ran back into the hospital for help. He was rebuffed.

Despite being just outside the ER, the officer was told he must call an ambulance, reports Reuters.

NY Cop Cleared in DJ Henry Shooting

The New York cop that shot and killed DJ Henry has not been indicted, but that doesn't mean that the matter is over. Danroy Henry Jr., was a popular football player and student at Pace University. The family is suing the Town of Mount Pleasant and Village of Pleasantville, N.Y. for $120 million.

"There are no words to express our disappointment in the grand jury's decision,'' Henry's father, Danroy Henry Sr., said in a statement regarding the Danroy Henry shooting yesterday, the Boston Globe reports. Henry continued, "Conclusions appear to have been drawn at the outset ... and the entire process appears now to have been nothing short of an attempt to create better optics for the DA and her office.''

McDonalds Sued: Glass in McChicken Worth $600K?

Would you like fries with your glass McChicken sandwich? Vjollca Lecaj claims that a Chicago McDonald's served her a sandwich with an extra ingredient: pieces of broken glass. She has filed a lawsuit in Cook County Circuit court against the world's biggest fast food chain, CBS/WBBM reports.

Lecaj alleges that biting into the glass McChicken caused her "severe and permanent oral injuries as well as great pain and anguish." She claims that McDonalds failed to adequately maintain, inspect and monitor the restaurant's kitchen. She is suing based on claims of product liability and negligence. When someone acts in a careless way that causes injury to another, the careless person will be legally liable for any resulting harm.

Alcohol Swabs to Blame for Toddlers Death?

Triad's tainted alcohol pads may be to blame for the death of 2-year-old Harrison Kothari, according to a lawsuit filed by the boy's parents.

Late last November, Harrison entered a hospital in Houston to have a benign cyst removed from his brain/spinal cord. Recovering from the surgery, he suddenly became very ill, eventually dying from multi-organ failure. The culprit? Bacillus cereus, an organism known for causing meningitis.

The doctors were baffled. No one knew how Harrison had contracted the bacteria, reports MSNBC. It is rarely found in hospitals.

Wrong Embroyo: IVF Mixup Changes Woman's Life

Though they were never able to have their fourth child, the IVF mixup that left Carolyn Savage implanted with the wrong embryo has come to an end. She and her husband Sean settled the potential medical malpractice case, but have agreed not to name the clinic.

Early in 2009, Carolyn Savage went to a local fertility clinic for an in vitro fertilization procedure, hoping to have a fourth child. Ten days later, the clinic called and told her there was a mixup: she was pregnant, but they had implanted the wrong embryo. The IVF mixup being a rare occurrence, the story hit national headlines for the way the families involved handled the situation. Carolyn Savage decided to carry the baby to term, relinquishing custody to the baby's biological parents, Shannon and Paul Morell, upon his birth.

Disney Nacho Lawsuit: Boy Burned by Cheese

Ever since an elderly woman burned herself with McDonald's coffee and won a $3-million jury verdict, lawsuits alleging that purveyors of edibles are negligent when serving hot food have been popping up across the country. The latest of these lawsuits involves the happiest purveyor of all--Disney.

While vacationing at Walt Disney World in Orlando, Florida, Michael and Maria Harris sat down at one of the resort's restaurants with their 4-year-old son. Somehow, after the boy's food was set down, nacho cheese spilled onto his face, causing second and third degree burns.

And thus, the Disney nacho lawsuit was born.

Colorado Woman Mistakenly Given Abortion Pill

Mareena Silva, a Colorado woman, encountered a nightmare situation this week after a Safeway,  pharmacist accidently gave her an abortion pill, a powerful drug that can birth defects or miscarriages. The drug is designed to fight cancer and was not intended to be given to the women, Safeway said.

Silva had gone to Safeway in Fort Lupton, Colorado to pick up a prescription for antibiotics, Reuters reports. She was six weeks pregnant at the time. But the pharmacist provided Silva with methotrexate by mistake. That drug was actually intended for a 59-year-old patient.

DePuy Hip Replacements: FDA Takes Closer Look

Hip replacement surgery is a dangerous prospect, but for those who added all-metal hips to the procedure, the risk got even bigger.

Last August, all recipients of a DePuy hip were notified that the company was voluntarily recalling its all-metal hips. Countless people who had received a DePuy hip were in need of revision surgery, which is just as risky as the first procedure. The all-metal hips were experiencing a 13% failure rate despite the fact that they should have lasted approximately 15 years.

Mesothelioma in Women: Asbestos Exposure?

One of the risks of asbestos exposure is developing a rare form of cancer called malignant mesothelioma, which starts when cells found in the protective lining of your body's internal organs, abnormally divide.

The cancerous cells can then spread throughout the body, damaging tissues and vital organs. If you are a woman that has mesothelioma, it is important for you to understand the unique risks.

Allentown, PA: Gas Explosion Kills at Least 3

Allentown, PA was rocked by an explosion on Wednesday night, destroying eight houses and killing at least one. The fire department has reported that several other homes are damaged, and that they have still yet to locate two residents, according to the New York Times. The area has been blocked off from traffic, with all residents being evacuated.

The explosion appears to have been caused by a natural gas leak. Earlier in the week, Allentown, PA's gas company had done a routine safety check on the 12-inch low pressure main involved, according to Reuters. Nothing seemed out of the ordinary.

Denny's Settles for $13M Before Jury Awards $46M

An out-of-court settlement in a lawsuit stemming from a Kent Denny's shooting has saved the company an outrageous $33 million dollars. And the plaintiffs are probably better for it.

Denny's is well-known for its sometimes less than savory late night customers. In fact, a Kent Denny's in the southern suburbs of Seattle has made dozens upon dozens of phone calls to local police in the last few years just to deal with the rowdy post-bar crowd. Which is why, when a man re-entered the Denny's shooting, wounding five, the victims filed a lawsuit.

$3M for NY Medical Malpractice Pre-Death Pain

Eleven months of pre-death pain and suffering is worth a whopping $3 million under New York medical malpractice law. At least until it's appealed to the state's highest court.

Theresa Capwell was admitted to Westchester Medical Center on September 18, 2000 with a diagnosis of pancreatitis. After being placed on a ventilator due to acute respiratory distress, she suffered a heart attack. The heart attack resulted in brain damage, leaving her in a persistent vegetative state. She died 11 months later.

Time Limits for Filing a Personal Injury Case

Just because someone injures you doesn't mean you have the right to sue.

Under the law, all lawsuits are subject to a statute of limitations. A statute of limitations is a defined time period that creates a definitive end to an injured party's right to bring suit, with the goal of preventing a lawsuit from lingering indefinitely. If you don't file a lawsuit before the time limit runs out, you no longer have an actionable legal claim.

NY Doctor's $3M Verdict Over Childbirth Injuries

A New York jury awarded $3 million in damages to a teen who suffered serious injuries during childbirth 18 years ago. Dr. Stephen Serlin, a Glen Falls doctor, was ordered to pay damages to Marlayna Kineke for medical malpractice committed in the course of his work as an obstetrician-gynecologist.

According to Kineke, Serlin was responsible for a brain injury that occurred during childbirth. The Warren County jury agreed that the injury was Serlin's fault and had caused Kineke developmental problems.

'Jaywalking Teen' Wakes from Coma, Sues Driver

We recently discussed the story of Las Vegas girl Takara Davis, who received a jaywalking ticket while in a coma after being hit by a car.

The case initially caused outrage in Vegas. A judge later dismissed the ticket. How's this for a new development: David has come out of the coma, and now she is suing the driver of the car that hit her.

Super Bowl Fans Injured Outside Cowboys Stadium

The Super Bowl is normally held in warm weather states: Florida, California. So when Dallas got its first Super Bowl, one didn't expect the major headlines to exclaim that weather left Super Bowl fans injured.

Dallas' unpredicted icy conditions took aim at Super Bowl fans Friday afternoon when ice started falling from the curved roof of Cowboys Stadium. The dome began expelling snow and ice earlier in the day, reports The Dallas Morning News. The fire department knows of at least six injuries, on reportedly critical.

No Duty for Bilingual Product Warnings

The residents of the United States speak dozens of languages. With a large immigrant population, many of them speak little to no English.

These facts have prompted many lawsuits over the years in the areas of voting, education and work. Now a new question has been raised regarding product liability:

Are manufacturers required to place bilingual warnings on their products?

NFL Concussions: Players Filing Class Actions

The buzz about NFL concussions is growing. With the Super Bowl coming up this weekend, it's a good time to talk about NFL lawsuits.

Two class action lawsuits are being prepared against the NFL by players with serious brain injuries. In response, the league has announced that it is going to take a deeper look at concussions in the NFL, ESPN reports. This season, the league handed out some big fines for big hits and intentional shots to the head. This comes as medical evidence showing the damage of head injuries caused by NFL concussions continues to grow.

How Much is My Car Accident Case Really Worth?

Car accident? Blame the other driver. No really, you're a great driver and everyone else has no clue what they're doing. Or at least that's what we all like to think. Sometimes a car accident really isn't your fault, and you're stuck with a mangled car and an aching back. Even worse, you can't go to work. In this situation, you may need to start calling a few car accident lawyers.

The first question everyone wants to know when contacting car accident lawyers is what their case is worth. The truthful answer? It depends. And don't forget the lawyers' fees.