Vioxx on Hold
April 26, 2007
“More than 1,000 personal injury lawsuits filed in Texas over the once-popular pain medication Vioxx were put on hold Friday after a judge ruled the drug’s manufacturer had given adequate warnings about the drug.
State District Judge Randy Wilson, based in Harris County, granted a motion by Merck & Co. Inc., the drug’s manufacturer, to dismiss part of a lawsuit filed by Ruby Ledbetter.
Merck’s attorneys argued that a 2003 Texas law prevents Ledbetter from claiming she wasn’t properly warned about Vioxx.
The law, passed as part of tort reform efforts, says a drug manufacturer is not liable in allegations it failed to provide sufficient warnings about its product if the drug in question came with warnings approved by the Food and Drug Administration.”
Full Article here.
Some Good Advice
April 26, 2007
Content for Reprint blog has some good advice on how to go about choosing an attorney to represent you for injuries you have suffered as a result of another person’s carelessness:
1. Check their websites and gather information about them in the internet. Does your data reveal that have expertise or capability in the field of personal injury cases?
2. Lawyers that represent injured individuals generally do not also defend in personal injury lawsuits. Call the attorneys office and ask who primarily represent.
3. Find out if the attorney is a member of the Personal injury trial lawyers associations like the American Association of Trial Lawyers
4. Visit your states bar association Website or call them to verify if the attorney on your list is reliable and in good standing.
5. Ask family and friends for references before you do hire an attorney. Also, talk to individuals who can comment on your attorneys or lawyers trustworthiness and skills by contacting and asking your lawyers clients.
6. Ask regarding conflict of interest. For instance, does the attorney represent opposing parties? If he defending for instance, an establishment with a personal injury lawsuit, then he may not represent you, who is having a personal injury case.
7. Request for a duplicate of the law firms promotional materials and brochures that they may have and double such materials along side your other references or sources.
Set of Wrong Assumptions
April 26, 2007
The Illinois Appellate Court has just dealt a terrible blow to plaintiffs injury cases. From the case:
“Plaintiff, Sheila M. Wills, seeks review of the trial court’s order reducing the jury’s personal-injury award for compensatory damages from $80,163.47 to $19,005.50. Plaintiff claims the collateral-source rule applies and entitles her to the recovery of the amount of medical expenses billed, not the amount of medical expenses actually paid at a discounted rate. Defendant Inman E. Foster, Jr., the tortfeasor, argues the collateral-source rule does not apply to this case because the medical expenses were paid through Medicare or Medicaid, which provides health benefits to certain needy individuals. Plaintiff did not incur liability for her medical expenses, did not bargain for her coverage, and did not pay any premiums as part of a contractual relationship. Therefore, defendant claims the governmental medical benefits do not qualify as a “collateral source” under the collateral-source rule. We affirm.”
Huh? Did the injured not pay premium? And what is that item on each and everyone’s paycheck which comes in a form of a deduction for Social Security Services? And, is there not a “social contract” between the government and the citizenry that binds the two together? And… isn’t it true that Medicare or Medicaid have a right of reimbursement should an injured person collect compensation from a third party for injuries sustained?
This decision is simply based on a set of wrong assumptions. A re-hearing should be in order…
Read the decision here (pdf).
Deposition Checklist
April 25, 2007
Here is a good book to read in preparation of your next deposition:
Use the outlines and pattern questions in Deposition Checklists & Strategies to avoid omissions, improve your advocacy, and handle unfamiliar areas with confidence.
