Tag Archives: attorney

Separation of responsibility and State

Posted on by
Reply

I saw this article this morning about a third tragic death down at Hocking Hills State Park. What a beautiful area, such sad events.

boy walking in woods

The tragedy of these incidents is only compounded by the fact that in Ohio, if families of victims wish to make a claim against the State for something it may have done wrong (whatever the facts may be), they face an uphill challenge.  All cases against the State of Ohio must be filed in a special court called the Court of Claims, where the only cases that are heard are cases involving the state.  The Judges are employees of the State, and there are usually no juries allowed.  That is, the case is decided by the Judge – an employee of the State that is being sued.  These and other special rules make claims against the State more difficult than if the same injuries were caused by a private individual.

What does this mean to you:

Injuries caused by the State versus injuries caused by a private party are treated quite differently under Ohio law.  Check with an Ohio lawyer to find out the difference.

 

The cure may be worse than the symptoms

Posted on by
Reply

Thousands of women across Columbus, Ohio, and the country have had vaginal mesh, or bladder sling, surgically implanted in an attempt to repair pelvic organ prolapse (POP) and stress urinary incontinence (SUI).

tired woman

Unfortunately, mesh can erode and fail, causing bleeding, pain during intercourse, vaginal scarring, and urinary tract infection, among other symptoms.  The FDA not admits that mesh failures are “not rare.”

Mesh implants were mainly manufactured by four companies – American Medical Systems, Boston Scientific Corp., Johnson & Johnson’s Ethicon and C.R. Bard.

What does this mean to you:

Sometimes, a product which is meant to help, only hurts, and makes things worse.    If we can help or answer any questions, please do not hesitate to contact us.

 

 

I didn’t do it

Posted on by
Reply

Sometimes the law holds people accountable even when they didn’t do anything wrong.  How can that be?

arrows

Think about it in terms of an employer and his employee.  When an employee is on the job and causes harm, the employer is legally responsible for that harm, even though the employer did not cause the harm.  This is called vicarious liability.

What does this mean to you:

Responsibility and fault are not always synonymous.  Say that five times fast.

The dangers of drop-sides

Posted on by
Reply

Drop-side cribs have been outlawed in the US since June 2011.  Infants’ heads can become trapped in the gaps around the drop-side.  While no new drop-side cribs are being made, plenty are still in use around the country.

13151a-2

A recall was issued this week for drop-side cribs made by PT Domusindo Perdana.  The cribs were sold at JC Penney from January 1998 through December 2008.  The drop-side can detach or fall off, causing a fall hazard.

What does this mean to you:

You can learn more about the recall here.  If you have one of these cribs, or any drop-side crib, contact the Consumer Product Safety Commission.

The joke is on us

Posted on by
Reply

The US Chamber of Commerce says it lobbies for “pro-business” laws and policies on behalf of all businesses, large and small.  What it doesn’t say is that more than half of its funding comes from just 16 mega-corporations.

Joker

 

This is just one of the Top Ten ways the US Chamber of Commerce hurts America outlined in a new report, and yet another reason many prominent companies, like Apple, have severed their ties to the Chamber.

What does this mean to you:

The next time you hear about an idea that is claimed to be “pro-business,” consider the source.  It may just be pushed by someone like the Chamber that has an interest in maximizing profit at the expense of human well-being.

 

What did he know and when did he know it?

Posted on by
Reply

People’s knowledge of prior results matters.  If your child builds a tree house 10 times and it collapsed violently each time, but still sends his sibling up into to the tree house, those prior results are important to figuring out what is the appropriate response for your child, love him though you may.

 

 

box head

 

Why, then, are lawmakers in Arizona considering a law that would allow manufacturers there to keep prior results secret?  If the maker of a product, take a lawn mower, for example, knows that it’s mower continues to injure people in its tests, but sells it anyway, isn’t that something that would be good to at least consider?

What does this mean to you:

Lawmakers around the county, including Ohio, continue passing laws to protect their corporate backers usually under the guise of making their state “business friendly.”  Since when did “business friendly” mean “anti-people?”

 

And now we wait

Posted on by
Reply

A jury in New Jersey has begun deliberating on one of the first trials involving surgical or transvaginal mesh.

waiting

The outcome of this early “bell weather” trial will impact how the mesh manufacturers approach the thousands of remaining cases where women suffered bleeding, infection, pain, and urinary problems from the mesh implants.

 

What does this mean to you:

Though it may seem distant and unrelated, early trials in cases like this can have massive legal ripple effects for the remaining individual claims.

 

You mean they didn’t do that already?

Posted on by
2

Hip joints are important.  Not just to be seen at on the weekends with all the cool kids, but more importantly, to help in walking and stability.  (See what I did there?)

Artificial hip maker Johnson & Johnson knew 40% of its hip implants would fail within in five years.  These are hip joints where metal contacts with metal, causing pain and metal ions to be shaved off into the blood stream.  Even though it knew this, the corporation continued to sell the defective hips to consumers.

iStock_000015645895XSmall

Under a new proposal, makers of artificial hips would now have to prove they were safe BEFORE they could selling existing hips or obtain approval for new all-metal designs.  Darn regulations!

What does this mean to you:

Insurance companies and corporations like Johnson & Johnson hide evidence and information that makes them look bad.  (Read: causes them to actually be accountable for the injuries they cause.)  Talk to a lawyer before ever attempting to communicate or negotiate with one of these companies.

 

And another thing about that Instagram…

Posted on by
Reply

The Facebook world was aghast this week when Instagram changed its Terms and Conditions so it could claim ownership of photos posted there.  What was also changed, but not as well known, was the requirement for mandatory arbitration of any disputes with Instagram.  Thanks to the Pop Tort for pointing out this equally clandestine yet more nefarious change!

shrug

What does this mean to you:

Always read the fine print.  Forced arbitration means you cannot file a lawsuit if they treat you unfairly.  You cannot have a jury of your peers hear your case and decide what is right.  You “agree” to have any disputes decided by an arbitrator, who sees the company in arbitration all the time.  There is usually no appeal from an arbitration decision – you must live with whatever the arbitrator decides.

 

It’s the most dangerous time of the year – sing it with me!

Posted on by
Reply

The opportunity for household fires seems to increase around the holidays, whether it be candles, electric lights in the tree, or even the yule log.  The Consumer Product Safety Commission has posted a handy 12 point safety checklist to address some of these risks.

broken ornament

What does this mean to you:

The frivolity (read: alcohol) of the holidays can easily lead us to lower our guard.  Take two seconds and look at the above list so you are at least aware of the potential issues.  And as always, be safe, use common sense, and have a great holiday.