Separate AND unequal

Tragic story yesterday of two employees that were run down yesterday at Children’s Hospital in Columbus.  So why would Ohio law treat these two people - both injured in the same incident – differently from one another?

Your hurdle

One of the men was unfortunately killed in the wreck, while the other survived.  Ohio law places a limit or “cap” on the value of the injured man’s pain while not limiting the intangible losses to the family of the other.  I thought that was up to the jury to decide, not the politicians?

What does this mean to you:

The law is constantly changing, for better or for worse.  Make sure you understand the current law under which any potential claims are brought, as it may be different for different people at different times.

 

We don’t know what we – I mean, you – are talking about

Baby Boomers appear to be here to stay.  I mean, they even have their own Association now, so you know they’re going to stick around and ask for stuff.  Stuff like hip implants that don’t fail after being implanted, causing pain, swelling, and metal on metal friction to throw off chromium and cobalt ions in to their blood streams.  Some people!  For what it’s worth, the medical research surrounding metal ions is ongoing, but as far as I know, no doctors have started prescribing chromium and cobalt ions to be taken once daily by mouth along with your Flintstones.

Doh!

But, the maker of many hip implants, a company called DePuy (pronounced “Dapew”) who is owned by Johnson & Johnson, knew for quite a while that its ASR hip implants were failing.  It was recently learned that, rather than tell the FDA of the product’s defects, or make a change to its design, or immediately recall the device, DePuy opted merely to not make any more ASR hips, but continue to sell the problematic hips it had remaining.

What does this meant to you:

Many times, patients may not know the brand or model of the particular implant they have.  That is, a person may have a DePuy ASR and not even know it.  If you’re having problems, its important to check with your doctor to see which type you have, and if need be, discuss it with a lawyer.