The Cochran Firm Legal Blog
Friday, March 12, 2010
Killer Nurse Must Pay $95 Million in Wrongful Death Suit
A Pennsylvania jury awarded $95 million to the families of eight people who were murdered by a nurse practicing in the New Jersey and Pennsylvania area. The nurse is widely considered to be one of the most prolific killers in the history of the U.S. health care industry.
Charles Cullen is currently serving a life sentence in New Jersey for the murder of 29 patients at local area hospitals. It is believed that he actually killed more than 40 people in total, although he has only been charged with the murder of 29. The eight victims associated with the current wrongful death lawsuit all died at St. Luke's Hospital between 2000 and 2002.
Cullen never responded to the wrongful death lawsuit, and he did not make any attempts to defend himself in court. As a result, the judge ruled that he was responsible for the eight deaths in question. The ensuing three day trial was conducted for the purposes of determining the damage award.
Unfortunately for the victims' families, Cullen is broke and most likely will not be able to make good on the $95 million damage award against him. However, as part of the terms of damage award, the victims' families will be able to claim any money Cullen may earn in the future if he chooses to pursue a book or movie deal related to his story.
If you have lost a loved one due to the negligent actions of another, please contact the experienced wrongful death attorneys at The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.
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posted by Benjamin A. Irwin at 10:07 AM
Thursday, March 11, 2010
Emergency Vehicle Technology Leads to Vehicle Accidents and More
First responders must have the technology available to get to where they need to go. GPS, dashboard computers, radios, cell phones, and other electronic devices are used by paramedics and police while they weave in and out of traffic in every city and state. These devices shave seconds off that may save the people they help by providing valuable information. However, in a report by the New York Times, the risk of using this equipment may increase the chance for serious auto accidents with deadly consequences.
Accidents involving police or paramedics as a result of looking down at a dashboard compute or a GPS system have been documented. Whether it's hitting another vehicle or a pedestrian, all parties involved may find this risk too much, while others may find the risks necessary.
Over 75 percent of police cruisers have on-board computers. Around 30 percent of ambulances use computers. These percentages are only going to grow. On-board computers allow police to check out the license plates of suspicious vehicles, and ambulances are directed to accidents and given patient information. Yet, in an age when distracted drivers are periodically in the news for causing accidents, it may be worth it to examine distracted first responders, even if they are doing their jobs.
Many states have passed texting while driving bans, but exempt first responders. This is a good thing on the surface. But if those ambulance drivers and police officers are using their cell phones or computers for personal use, then they are liable if they cause an auto accident.
Asking the public to trust that our emergency workers are using their on-board computers and cell phones for job related activities shouldn't be an issue. Unfortunately, there are some that abuse their exemption to cause some to doubt.
If you or a loved one has been injured in an auto accident, please contact the experienced personal injury attorneys at the Cochran Firm for an initial consultation. We serve clients nationwide.
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posted by Benjamin A. Irwin at 8:46 AM
Wednesday, March 10, 2010
Phase-Out of Hip Replacement Device
DePuy Orthopedics is part of Johnson & Johnson and has been selling a metal hip replacement device called the ASR (Articular Surface Replacement). For about two years, DePuy has been receiving reports that this implant fails a few years after it has been implanted in the patient. While not widely used in the U.S., it is sold worldwide and many countries have been using it.
Dr. Stephen Graves is the director of an implant database in Australia and states that the ASR has been failing early far more often than competing devices. DePuy pulled the ASR from the Australian market in December of 2009. Late last year, DePuy announced that it would be phasing the ASR out by the end of 2010 because of sagging sales. This week, the company is issuing a warning to doctors that the ASR seems to have a high early failure rate for some patients.
Of DePuy’s planned phase-out and their current warning, Dr. Graves says, “It is way too late”. The ASR has been implanted in many thousands of people worldwide, many of whom have suffered intense pain because of its failure.
How Hip Replacements Work
The hip joint is a ball-and-socket joint where the rounded top of the femur (thigh bone) rotates in the acetabulum (a cavity in the pelvis). Synovial fluid within the joint prevents the bone surfaces from rubbing against each other, which is painful.
From age or injury, the two bone surfaces can be damaged so that they do not rotate smoothly. Hip replacement typically uses a plastic cup set into the acetabulum to provide a new surface for the femur to move against, and a metal knob for the top of the femur. A shaft is inserted into the bone’s interior to hold the knob in place.
The ASR uses a metal cup for the acetabulum instead of plastic, providing for what is known as a metal-on-metal hip replacement.
ASR for Hip Resurfacing as Well as Replacement
Some patients can have a hip resurfacing rather than a full hip replacement. Instead of replacing the femoral head, the doctor can attach a round cover to give it a new surface. The acetabulum is still given a metal or plastic cup.
The ASR system is used for hip resurfacing but the cup can also be used in a standard hip replacement, and this is the subject of DePuy’s current warning to doctors. In 2005, the FDA aproved the ASR cup for traditional hip replacements but did not put it through the usual clinical trials. Since 2008, FDA has received about 300 ASR complaints and in most of those cases, the patient had the ASR device replaced.
Whether there will be any defective product lawsuits over this ASR device remains to be seen. However, if you have been hurt by any type of defective product, you may want to contact us for a free case review, and learn whether you have a valid legal claim.
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posted by Benjamin A. Irwin at 10:49 AM
Tuesday, March 9, 2010
Does Runaway Prius Signal Possible Expansion of Toyota Recall?
It has become a sadly familiar story: a man driving a Toyota was attempting to pass another car, when his gas pedal became stuck and his vehicle accelerated wildly out of control. The problem: his car, a 2008 Prius, was not on the list of vehicles recalled for sticky accelerator pedals. In fact, the owner had taken his car into the dealer and was told it hadn't been recalled. The only recall in effect for the Prius was the removal of floor mats, something the driver insists was not the problem.
Shortly after the recall for floor mat entrapment, Toyota announced that it would also call in the affected vehicles to rework the pedal assembly and floor pan to reduce the likelihood of pedal entrapment. This issue had been sidelined as a result of new information about another possible cause for sticky accelerator pedals, prompting a new recall, one that did not include the Prius.
However, the driver's account of his ordeal makes it seem as though a Prius recall may be in order. After the man applied the gas in an attempt to pass another car, the accelerator pedal stuck in the down position and the car accelerated up to nearly 90 miles per hour on a dangerous, curvy section of Interstate 8 in California. The driver called 911 from his cell phone and operators tried to talk him through many ways to stop the car, but nothing seemed to work. The pedal remained mechanically stuck, despite the driver's attempts to pull it up.
The California Highway Patrol sent a car, whose driver instructed the man to apply his brakes and emergency brakes at the same time. This allowed the car to be slowed and shut off.
Fortunately, no one was hurt in this incident, but if you or a loved one has been hurt in an accident caused by a defective vehicle like a Toyota undergoing runaway acceleration, the product liability lawyers at the Los Angeles office of The Cochran Firm are ready to help. Our nationwide network of lawyers is prepared to take on the biggest opponents. Please schedule a free initial consultation today to learn how we can help you.
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posted by Benjamin A. Irwin at 7:53 AM
Monday, March 8, 2010
Horrific Bus Accident Leaves Six Dead
A bus that was operating illegally rolled over on busy Interstate 10 as it entered the United States at El Paso, Texas with 22 passengers on board. Six were killed and 16 were injured. The operator of the bus was told in April to not “engage in interstate transportation of passengers by commercial motor vehicle” according to a statement issued by the Department of Transportation. The operator of the bus is Van Nuys-based Tierra Santa Inc.
Reports indicate that the bus hit a pickup truck, veered onto the shoulder and then overcorrected in the opposite direction, causing it to roll once before landing on its wheels; the roof of the bus was crushed, and all of its windows were knocked out. It was a horrific scene, according to witnesses. Two men and four women were thrown about 10 yards from the bus and were killed.
The bus rollover then triggered another accident when another pickup truck slowed and was hit by a car. One person was taken to the hospital following this incident.
Representatives from Tierra Santa Inc have declined to comment at this time.
If someone you love died in a bus accident in Arizona or anywhere else in the United States, please contact the experienced motor vehicle accident attorneys at The Cochran Firm, with offices nationwide, today.
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posted by Benjamin A. Irwin at 6:53 AM
Friday, March 5, 2010
Walgreens Found Liable for $33 Million in Medication Error Lawsuit
A Florida appeals court upheld the original verdict in a medication error lawsuit. The family of a cancer patient who died as a result of a prescription error was awarded $33.3 million in compensation.
The victim had been prescribed Warfarin, a blood thinner, for treatment of her breast cancer. The Walgreens pharmacy filled her prescription at 10 times the appropriate dosage. As a result, the victim suffered a stroke and cerebral hemorrhage resulting in permanent bodily injury, disability, and severe pain. She died several years later at the age of 46.
Walgreens appealed the original decision. However, the Second District Court of Appeals ruled the lower court handled the case correctly and ordered Walgreens to pay the damage award to the victim's family.
Pharmacies have a responsibility to provide patients with the correct dosage of their prescribed medication. When a prescription error results in serious injury, the pharmacy may be held liable for any damages suffered. If you have been the victim of a medication error, the medical malpractice lawyers at The Cochran Firm can help you receive the compensation you deserve.
Please contact The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.
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posted by Benjamin A. Irwin at 9:34 AM
Thursday, March 4, 2010
Spinal Cord Injuries in Washington, D.C.
When an injury to the spinal cord fractures or dislocates the vertebrae causing bone fragments to bruise and tear the spinal cord, the result is often a devastating, life-changing event.
Spinal cord injuries are classified as either incomplete or complete. An incomplete spinal cord injury suggests the spinal cord has some function remaining and the victim of this type of injury usually retains some motor or sensory function. However, a complete spinal cord injury typically means there is a total loss of motor or sensory function below the level of the injury.
Automobile accidents are a major cause of spinal cord injuries along with falls and sports-related injuries. The physical, psychological and financial costs of a spinal cord injury are catastrophic with the cost of continuing medical care and treatment totaling hundreds of thousands of dollars annually.
The Cochran Firm has spinal cord injury attorneys that have the knowledge and experience to handle all aspects of spinal cord injury cases along with a team of medical and legal experts to support them in successfully litigating for their clients seeking financial compensation for their devastating injuries.
If you or someone you care about has suffered a spinal cord injury in the Washington, D. C. area, please contact The Cochran Firm today and learn how our highly skilled team of attorneys can investigate, evaluate and litigate your claim to a successful conclusion.
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posted by Benjamin A. Irwin at 9:55 AM

