The Cochran Firm Legal Blog

Killer Nurse Must Pay $95 Million in Wrongful Death Suit

birwin@cochranfirm.com (Benjamin A. Irwin) — Fri, 12 Mar 2010 18:07:00 +0000

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.

Emergency Vehicle Technology Leads to Vehicle Accidents and More

birwin@cochranfirm.com (Benjamin A. Irwin) — Thu, 11 Mar 2010 16:46:00 +0000

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.

Phase-Out of Hip Replacement Device

birwin@cochranfirm.com (Benjamin A. Irwin) — Wed, 10 Mar 2010 18:49:00 +0000

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.

Does Runaway Prius Signal Possible Expansion of Toyota Recall?

birwin@cochranfirm.com (Benjamin A. Irwin) — Tue, 09 Mar 2010 15:53:00 +0000

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.

Horrific Bus Accident Leaves Six Dead

birwin@cochranfirm.com (Benjamin A. Irwin) — Mon, 08 Mar 2010 14:53:00 +0000

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.

Walgreens Found Liable for $33 Million in Medication Error Lawsuit

birwin@cochranfirm.com (Benjamin A. Irwin) — Fri, 05 Mar 2010 17:34:00 +0000

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.

Spinal Cord Injuries in Washington, D.C.

birwin@cochranfirm.com (Benjamin A. Irwin) — Thu, 04 Mar 2010 17:55:00 +0000

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.

Nursing Home Abuse and Neglect in Philadelphia, Pennsylvania

birwin@cochranfirm.com (Benjamin A. Irwin) — Thu, 04 Mar 2010 17:21:00 +0000

Although most nursing home and assisted living facility staff are dedicated hard-working people, nursing home abuse and neglect is a very big problem in this country.

With almost forty million people over the age of sixty-five in the United States the problem of nursing home abuse and neglect should be a concern for everyone. Older adults are often placed in a very vulnerable position and find themselves the victims of undertrained and uncaring staff members, unable to articulate their abuse or unwilling to, in fear of retaliation by their caretakers.

Signs of nursing home abuse and neglect include chronic open wounds, bruises and sores, infections, unreasonable physical restraints, signs of overmedication, malnutrition and dehydration. Emotional abuse may reveal itself in the nursing home resident being extremely anxious or depressed, continuously rocking back and forth and agitated.

There are complex legal issues involved in an allegation of nursing home abuse and neglect such as premises liability, medical malpractice, inadequate security or even wrongful death. The Cochran Firm has many years of experience in litigating cases of nursing home abuse and neglect and employs experts in various areas to investigate and evaluate the circumstances of each individual case.

If you suspect someone you care about is the victim of nursing home abuse and neglect in the Philadelphia, Pennsylvania area, please contact The Cochran Firm today to schedule a confidential consultation to discuss your concerns.

Automobile Accidents due to Defective Vehicles in Miami, Florida

birwin@cochranfirm.com (Benjamin A. Irwin) — Thu, 04 Mar 2010 16:16:00 +0000

Vehicle defects can lead to car accidents that result in serious injury or death. There has been a flood of recalls of defective vehicles that number in the millions in recent weeks.

The most common automobile defects involve defective accelerators or brakes, faulty tires and defective seatbelts and airbags, as well as malfunctioning fuel and electronic systems and poor design features and structural integrity.

Millions of defective cars are on the nation’s roadways and they are capable of causing injuries and deaths. Defective vehicles are one of the leading causes of car accidents with injuries in this country today; and if your vehicle is not one of the defective ones, you can almost be sure that the one next to you or behind you is on the list.

If you were injured as a result of an automobile accident involving a defective vehicle you are entitled to financial compensation due to the negligence of the automobile manufacturer. This financial compensation may include damages for physical and mental suffering, medical bills, car replacement costs, loss of wages, and in the event of a wrongful death, the costs of funeral and burial expenses and loss of companionship. The automobile accident attorneys at The Cochran Firm will work diligently to protect your legal rights and hold those responsible for your injuries legally and financially accountable.

If you live in the Miami, Florida area and have suffered injuries due to an accident involving a defective car, please contact The Cochran Firm today to learn how to proceed with your case from a highly skilled defective vehicle attorney.

Food-Borne Illnesses Cost US Billions

birwin@cochranfirm.com (Benjamin A. Irwin) — Thu, 04 Mar 2010 15:55:00 +0000

While we can't put a cost on the death toll food-borne illnesses cost thousands of families in this country each year, it appears we can put a number on how much it costs us financially. According to a report by the consumer food safety group, Produce Safety Project, it costs the US $152 billion annually. This is vastly higher than the $35 billion the Agriculture Department said food borne illnesses cost in 1997.

The Produce Safety Project report comes as the US Senate is considering legislation to require more government inspections of food manufacturers and give the Food and Drug Administration more authority to order recalls. The House has already passed a similar measure.

Food-Borne Illness Statistics

According to the government, each year 76 million people are sickened and around 5000 die as a result of food-borne illnesses like E. coli and salmonella. This includes the recent outbreaks that have made headlines, such as the recalls of peppers, peanuts, and spinach. The 2008-2009 recall of peanuts due to salmonella being found in products in 46 states was the largest recall in recent history. Over 700 people were sickened as a result of that contaminated product.

More recently, there have been recalls of salami, onion soup mix, raw cookie dough, and Eggo frozen waffles.

Financial Cost Data

The financial cost of food-borne pathogens was analyzed by an Ohio State University assistant professor of consumer sciences and former FDA economist. The economic losses of this study included the costs of ongoing and emergency care, pain and suffering, and death. This is a broader set of economic data than was previously looked at.

The handful of pathogens examined by the study author all cause cramping, diarrhea, and fever within 12 to 72 hours of contamination. Most people will recover within a week of becoming ill, but serious illnesses including seizures, coma, and paralysis can occur if there is no medical treatment.

The conclusion of this study is that food-borne illnesses are a "serious burden to our society." One US representative said that the high cost is "shocking" and that if people will not find solutions based purely on humanitarian grounds, maybe they will on economic ones.

If you or a loved one has become ill from eating contaminated food, please contact the Cochran Firm to speak with our experienced defective product attorneys. We serve clients nationwide.

Kidney Dialysis Errors in Dothan, Alabama

birwin@cochranfirm.com (Benjamin A. Irwin) — Thu, 04 Mar 2010 15:46:00 +0000

Every year over sixty-five thousand people succumb to kidney failure. Dialysis acts as an artificial kidney, sustaining life for many Americans who would die without the treatments. However, there are thousands of documented incidents of kidney dialysis errors every year in the United States.

Hundreds of thousands of people must undergo kidney dialysis to stay alive, but these treatments are not without risk. Serious injuries and deaths have occurred unnecessarily because of medical negligence during kidney dialysis treatments.

Kidney dialysis errors typically involve medication errors, patient falls, vascular access-related incidents, dialyzer errors, excess loss of blood or prolonged bleeding, dialysis machine leaks, malfunctioning machine alarms, failure to clear cleaning solutions from dialysis machines, failure to properly monitor blood pressure and other vital signs and bloodstream infections due to contaminated lines or machinery.

If you or someone you know is presently receiving kidney dialysis and you have concerns about the quality of care you are receiving you should consult The Cochran Firm where an attorney with experience in kidney dialysis medical malpractice will evaluate your concerns and explain what options are available to you.

If you are a resident of the Dothan, Alabama area and you or someone you care about is experiencing a problem with kidney dialysis treatments, please contact The Cochran Firm today to schedule a confidential, no cost to you consultation with an experienced kidney dialysis error attorney to protect your legal rights and get the legal representation you deserve.

Class I Recall of Home Dialysis Device

birwin@cochranfirm.com (Benjamin A. Irwin) — Wed, 03 Mar 2010 19:10:00 +0000

Baxter Healthcare Corporation offers a line of home devices that kidney dialysis patients can use for their own kidney treatments. A person with kidney disease is unable to excrete bodily wastes using the kidneys and traditional dialysis is a long hospital procedure to bypass the kidneys, using a large machine to cleanse the blood of wastes.

Peritoneal Dialysis done at Home

These home devices can dispose of waste products in either of two ways, and one way is called peritoneal dialysis. The abdominal cavity (peritoneum) contains not just the stomach but also the intestines, liver, and spleen. There is a membrane lining it called the peritoneal membrane which is a natural filter in the body. The Baxter HomeChoice and HomeChoice Pro devices use this membrane to clear the body of waste.

A Peritoneal Dialysis (PD) solutions is placed in the peritoneum and the membrane filters waste from the blood into this solution. After several hours, the waste-filled solution is drained from the body and replaced with fresh solution. The patient is trained in how to do this by a qualified nurse, taking five to seven training sessions. The nurse or a doctor can always be contacted quickly by phone if you have any problems.

Increased Intraperitoneal Volume (IIPV) a Problem

A problem has been reported with these HomeChoice and HomeChoice Pro dialysis devices, as they sometimes cause the peritoneum to be overfilled with solution, a condition called IIPV. Baxter has been working on this by:

Updating the device’s software to include more alarms and messages for the patient, so that overfilling cannot occur;
Improving the device’s labeling; and
Offering extra training in how to use the devices.

The peritoneal dialysis devices are being recalled and the FDA has classified this as a Class I recall, the most serious type of recall, because serious injury reports have been received and one patient has died.

IIPV Signs to Watch For

The excess fluid can cause hernias in the patient’s diaphragm, pulmonary edema, acute hypertension, and pulmonary instability. Patients and their caregivers should be alert for:

Breathing difficulty
Abdominal pain
Swelling in the lower abdomen and genital area
A bloated feeling
A child crying for no obvious reason or complaining of a “funny feeling”

If you notice any of these signs, stop the dialysis immediately and contact your physician. Children are at elevated risk for IIPV because of their smaller body size and reduced margins of error. “Other vulnerable populations include … non-verbal patients … critically ill patients and patients with pulmonary and hemodynamic instability," says Baxter. “Increased monitoring of these patients is recommended.”

When the instructions are properly followed, other HomeChoice devices are “safe and effective”, according to Baxter, and they will remain on the market. You can read more about peritoneal dialysis on Baxter’s website.

Not every kidney patient is a good candidate for home dialysis. It is up to the physician to make a good judgment call and to monitor patients closely, staying in good communication with the home nurse.

If you have been harmed by a drug or medical device, you might have a valid defective product claim or perhaps a medical malpractice claim. To learn more about your legal rights and options, please contact us for a free case review. Our offices are nationwide for your convenience.

Nursing Home Abuse and Neglect in Tuskegee, Alabama

birwin@cochranfirm.com (Benjamin A. Irwin) — Wed, 03 Mar 2010 17:48:00 +0000

Nowhere is it more evident how many elderly Americans are dependent on others for their daily basic needs than in a nursing home or assisted living center environment. Residents of nursing homes and assisted living centers are among the most vulnerable in society, but they are guaranteed certain rights under the law.

Many nursing homes and assisted living centers do a good job of providing care for older adults that need assistance on a daily basis, but many older adults are finding themselves victims of emotional, verbal, physical and sexual abuse at the hands of their overworked and undertrained caretakers.

Common signs of abuse and neglect in a nursing home or assisted living center are poor personal hygiene, chronic sores and infections, unexplained wounds and bruises, the significant use of behavior-altering medication, and indiscriminate use of physical restraints. Financial exploitation of a vulnerable elderly resident of a nursing home takes many forms and may include a caregiver who steals money or possessions, forges signatures or inserts themselves into the resident’s finances without the resident’s knowledge or permission.

If you suspect your elderly family member or a friend is the victim of nursing home abuse or neglect, please contact the Tuskegee, Alabama office of The Cochran Firm without delay to protect their legal rights and hold those responsible legally accountable for their actions.

Spinal Cord Injuries in Norfolk/Portsmouth, Virginia

birwin@cochranfirm.com (Benjamin A. Irwin) — Wed, 03 Mar 2010 17:18:00 +0000

A spinal cord injury is usually the result of a sudden blow to the spine during an automobile accident, a fall, a sports-related accident or a criminal assault that fractures or dislocates the vertebrae culminating in a catastrophic injury.

Emergency medical care and treatment and aggressive rehabilitation have attempted to minimize the lasting effects of spinal cord injuries, but an injury to the spinal cord remains a life-altering and life-threatening occurrence. In some instances of spinal cord injury where the damage is minimal, some basic motor and sensory functions remain, but the majority of spinal cord injuries cause paralysis below the level of the injury.

The physical, psychological and financial burdens forced on victims of spinal cord injuries are overwhelming. The cost of continuing medical care and treatment and rehabilitation can total hundreds of thousands of dollars annually. That is why it is important to retain the services of The Cochran Firm’s experienced and highly skilled spinal cord injury attorneys to evaluate your case as they are very familiar with the severity and permanence of the disability involved.

If you are a resident of the Norfolk/Portsmouth, Virginia area and you or someone you love has suffered a devastating spinal cord injury, please contact The Cochran Firm today to schedule a no cost to you confidential consultation to learn how to proceed to obtain the financial compensation you need to improve your quality of life and secure the financial future of your loved ones.

Defective Drugs in Metairie, Louisiana

birwin@cochranfirm.com (Benjamin A. Irwin) — Wed, 03 Mar 2010 16:13:00 +0000

Defective drugs are responsible for serious injuries and deaths every year in the United States because the drug companies choose to place profits above the safety and well-being of the American consumer.

All prescription medications have some side-effects, but serious injury and death are not side-effects you expect from a prescription medication that is supposed to alleviate a medical condition. Defective drugs have caused heart attacks, strokes, kidney and liver failure, pulmonary dysfunction, blood clots and wrongful death.

Defective drugs have been found in all categories including medication for arthritis pain, cholesterol lowering drugs, sleeping pills, oral contraceptives, anti-depressants, diet drugs, some vaccines, and various other classifications of drugs.

If you or someone you care about has been impacted by a defective drug because a drug company has failed to deliver a safe product to the consumer, you are probably eligible for financial compensation for your injuries due to the drug manufacturer’s negligence.

The Cochran Firm has the expertise and knowledge and history of taking defective drug cases to a successful conclusion for their injured clients.

If you have been injured by a defective drug, or suffered the loss of a loved one from a defective drug, please contact the Metairie, Louisiana area office of The Cochran Firm today to learn what your options are and how you can hold those responsible accountable for your injuries and losses.

Automobile Accidents and Defective Vehicles in Houston, Texas

birwin@cochranfirm.com (Benjamin A. Irwin) — Wed, 03 Mar 2010 15:52:00 +0000

Did a defective vehicle cause serious injuries or result in death for your family member? Every year in Houston, car accidents claim the lives of hundreds of our citizens, and thousands are injured in car accidents caused by defective vehicles.

Many vehicles on our roads today are dangerous because of defects in their design, manufacture or maintenance. Many serious or deadly manufacturing or design defects can be avoided if car manufacturers and distributors would place the American consumer's safety ahead of their profit margins.

Vehicle manufacturers and distributors have a legal responsibility to make sure every vehicle they sell is safe to drive. When a defective vehicle is sold to an unsuspecting buyer, that vehicle becomes a deadly object.

The automobile accident attorneys at The Cochran Firm will strive to achieve the best outcome for your unique case and hold those responsible for the defective vehicle legally liable for the financial compensation you deserve for the damages you have suffered.

If you are seriously injured or a loved one was killed due to a defective vehicle automobile accident in the Houston, Texas area, please contact The Cochran Firm today to schedule a no cost to you confidential consultation to evaluate your case and determine whether you are entitled to financial compensation for your injuries or loss.

Northern California County Sues Glaxo over Avandia

birwin@cochranfirm.com (Benjamin A. Irwin) — Tue, 02 Mar 2010 19:29:00 +0000

In the wake of last week's accusations by the US Senate Finance Committee, GlaxoSmithKline (GSK) faces numerous potential lawsuits over its handling of risks associated with its diabetes drug, Avandia. In addition to lawsuits by numerous victims of prescription drug injuries related to the it, at least one California county is suing for reimbursement for purchases of Avandia. Santa Clara County, just south of San Francisco, has alleged that GSK's concealment of risks violated false-advertising statutes in California. According to the county's counsel, "This is precisely the sort of corporate malfeasance that California law prohibits."

The drug company says Santa Clara's lawsuit has no merit, and that scientific evidence supports the safety and effectiveness of Avandia. They also say there is no scientific evidence to support charges that Avandia increases heart attack risks.

The county had long been considering lawsuits against the drug manufacturer, believing them to be in the best interest of residents of the county and California. They are suing on behalf of everyone in California who purchased Avandia, including patients, hospitals, and clinics. The claim is for reimbursement of the cost of Avandia, which for Clara County alone was over $2 million to cover medication for indigent patients in the years 1999-2007, plus damages for treating victims of heart attacks, strokes, and other adverse events from Avandia use.

If you suffered a serious heart attack or stroke while using Avandia, you may be eligible for compensation for your pharmaceutical injuries. The lawyers at the San Francisco office of The Cochran Firm stand ready to help you. Please call or email us today for a free consultation.

Motorcycle Accidents in San Jose, California

birwin@cochranfirm.com (Benjamin A. Irwin) — Tue, 02 Mar 2010 17:44:00 +0000

Motorcycle riding is a thrilling and popular pastime for many Americans, and dangerous as well. Riding a motorcycle requires training, skill and knowledge of the rules of the road for a rider to remain safe and keep the roads safe for others.

In order for a motorcycle rider to maintain their safety it is important for them to follow some important guidelines for riding, such as attending a motorcycle training course, choosing a motorcycle that fits them physically, never riding without personal protective gear, using headlights and signals both day and night, never driving under the influence of alcohol or drugs, and treating other motorists with courtesy and respect.

Common causes of motorcycle accidents include driver negligence and the failure to yield the right of way, hazardous weather or road conditions and driving under the influence of alcohol or drugs, including prescription medication.

The Cochran Firm has motorcycle accident attorneys that are well versed in handling all aspects of motorcycle accident injury cases and they are available to evaluate your case and discuss what options are open to you.

If you live in the San Jose, California area and have been involved in a motorcycle accident or lost someone you love to injuries sustained in a motorcycle accident, please contact The Cochran Firm today so our motorcycle accident attorneys can begin the process of holding those responsible for your losses legally accountable.

Automobile Accidents and Defective Vehicles in New York, New York

birwin@cochranfirm.com (Benjamin A. Irwin) — Tue, 02 Mar 2010 17:15:00 +0000

Defective vehicles can cause accidents that result in catastrophic injuries that may include traumatic brain injuries, spinal cord injuries, amputations, multiple fractures, severe burns and deaths. Automobile manufacturers can be held legally liable for these injuries and deaths when a defective vehicle is involved.

Many automobile accident injuries and deaths are caused by defective vehicles and defective vehicle parts. Automobile manufacturers have a legal and moral obligation to ensure their vehicles are crashworthy and can protect the occupants in the event of a collision. Unfortunately, many vehicles rollover too easily, have inadequate roof supports, defective airbags and seatbelts, faulty ignitions, malfunctioning brakes and gas pedals and other safety defects.

Defective vehicle accident victims are often not aware that a defective vehicle or defective car part may have caused their accident. Indications that a defective vehicle or defective part may have caused your accident is the vehicle rolled over, the roof collapsed, there was a fire or explosion immediately following the crash, a tire failed, the car doors came open during the accident, you were thrown from the vehicle or airbags did not deploy.

The Cochran Firm fights for the rights of our clients and we believe every automobile accident should be investigated to determine if defects in the vehicle caused the accident and contributed to the injuries or wrongful deaths.

If you believe you have been the victim of an accident caused by a defective vehicle, please contact the New York office of The Cochran Firm today to learn how to protect your legal rights and whether you are entitled to financial compensation.

Medical Malpractice in Memphis, Tennessee

birwin@cochranfirm.com (Benjamin A. Irwin) — Tue, 02 Mar 2010 16:10:00 +0000

Medical malpractice occurs when a negligent act by a doctor or other professional healthcare provider results in injury or death to a patient.

If you have suffered an injury or lost a loved one to medical malpractice you may be entitled to damages that include financial compensation for medical and hospital bills, the cost of prescription drugs, nursing care, physical therapy, medical equipment such as a wheelchair, lost wages, pain and suffering, mental anguish and any future medical treatment and therapy you need as a result of your injuries.

In the case of a wrongful death due to medical malpractice the survivors are entitled to damages for funeral and burial costs and their pain and suffering caused by the loss of their loved one in addition to the loss of their financial and emotional support.

Medical malpractice laws are designed to ensure a patient’s rights are protected to pursue financial compensation if they are injured as a result of negligence in a medical environment. Families left to deal with the consequences of medical malpractice need a dedicated, experienced professional legal team to stand on their behalf who are not intimidated by big hospitals and big insurance companies.

The Cochran Firm has medical malpractice attorneys with years of experience and superior negotiating skills and employs the best experts in the field to prove medical malpractice in their pursuit of justice for their clients.

If you have been a victim of medical malpractice, please contact The Cochran Firm in Memphis, Tennessee today to get expert legal advice and representation in your pursuit of justice.

Defective Drugs in Detroit, Michigan

birwin@cochranfirm.com (Benjamin A. Irwin) — Tue, 02 Mar 2010 15:43:00 +0000

All prescription drugs have side effects, but defective drugs can have life-threatening and fatal side effects even when taken as directed by your physician. Defective drugs can cause heart attacks, strokes, kidney failure, birth defects, liver damage, pulmonary dysfunction and death.

Defective drugs can be found in all areas of pharmaceuticals, and include prescription medication for arthritis pain, cholesterol lowering drugs, diet drugs, oral contraceptives, anti-depressants, some vaccines and many other types of drugs.

If you or someone you love has been injured or killed due to the use of a defective drug, the drug company has failed to provide a safe product and should be held legally liable for your injuries. Lawsuits involving defective drugs can be complex and require a legal team ready and willing to take on the giant drug conglomerates. The defective drug attorneys at The Cochran Firm have the expertise and knowledge to bring your claim against the drug company to a successful conclusion and get you the financial compensation you deserve.

Residents of Detroit, Michigan and the surrounding area, who have been injured by a defective drug, please contact The Cochran Firm today and allow the defective drug attorneys there to evaluate your case and learn what you can do to get the financial compensation and justice you have a legal right to and in so doing, prevent others from also being injured by these defective drugs.

Automobile Accidents and Defective Vehicles in San Francisco/Oakland, California

birwin@cochranfirm.com (Benjamin A. Irwin) — Mon, 01 Mar 2010 17:33:00 +0000

Vehicle manufacturers have an obligation to consumers to provide a safe vehicle for drivers and their passengers. Not all accidents can be avoided, but when a defective vehicle causes a serious or fatal injury, you have a legal right to financial compensation. If a loved one is killed in a motor vehicle accident involving a defective vehicle, the family should file a wrongful death claim against the motor vehicle manufacturer.

Defective vehicles are the result of design faults, manufacturing or material faults or the desire of the manufacturer to attempt to hold down costs with inferior or careless manufacturing practices.

Some defective vehicles have caused SUV rollovers, seatbelt or airbag failures, seatback failures, brake malfunctions, unwanted gas pedal acceleration, tire failures and fuel system fires and leaks. Defective vehicles can cause automobile accidents that result in horrific injuries including traumatic brain injuries, paralysis, amputations, fractures and severe burns and even death.

The Cochran Firm will work for you to hold the vehicle manufacturers accountable for your serious injuries or the wrongful death of a family member and have recovered financial compensation on behalf of their clients for many years. We are available to discuss your accident, we will explain your options and we will help you decide the proper action to take.

If you live in the San Francisco/Oakland, California area and have been the victim of an accident involving a defective vehicle, please contact The Cochran Firm today.

Jury Awards Medical Malpractice Victim's Family $1.25 Million

birwin@cochranfirm.com (Benjamin A. Irwin) — Mon, 01 Mar 2010 17:31:00 +0000

The Fairfax County, Virginia jury had initially awarded the family just under $3 million, but Virginia's cap on medical malpractice awards required that the amount be cut by more than half. Right before the case went to trial, the Fairfax anesthesiology group involved in the case offered to pay $600,000 to the victim's family; obviously, that amount was declined and the case went before a jury.

Hector Alvarez, a 52-year-old man from Springfield died after his esophagus tore while he was swallowing a piece of steak. The jury found an Alexandria radiologist liable for misdiagnosing the Mr. Alvarez' condition as a hiatal hernia. In July 2006, the Mr. Alvarez went to Inova HealthPlex at Franconia-Springfield complaining of chest pains and difficulty swallowing after eating steak and having a piece lodge in his throat. Mr. Alvarez explained the feeling as the steak "going down the wrong way."

While at the medical center, he was given a battery of tests including x-rays, an EKG and a CT scan of his chest. The tests were sent to radiologist, William J. Dunwoody III, who was working that night at Inova Alexandria Hospital. His notes indicated that Mr. Alvarez was suffering from a "large hiatal hernia." Alvarez was treated with oral medications, but his pain did not lessen.

Several hours later, around midnight, he was rushed by ambulance to Inova Fairfax Hospital and doctors continued to search for the cause of his severe chest pain. At 4:00 p.m. the next day, a surgeon noticed a perforated esophagus on the CT scan and ordered that Mr. Alvarez be taken into the OR immediately to repair his torn esophagus. The patient was to be given an epidural catheter to provide pain medication post-surgery. After the catheter was placed and anesthetic applied, Mr. Alvarez suffered cardiac arrest. The cardiac arrest was attributed to his extreme weakened state from having a perforated esophagus for nearly 24 hours. The surgery to repair the torn esophagus was never performed; he suffered irreparable brain damage following the cardiac arrest.

Mr. Alvarez was retired from the Air Force and was an information technology specialist for the Defense Information Systems Agency; he was married with two adult children. His family and friends described him as an "incredibly nice guy."

If you have lost a loved one due to medical malpractice, you may be entitled to financial compensation. Though no amount of money will bring your loved one back or ease your pain, the medical professionals responsible for the loss of your loved one must be held accountable. Please contact the experienced medical malpractice attorneys at The Cochran Firm, with offices nationwide, today to schedule a confidential, no-cost consultation.

Medical Malpractice/Retained Foreign Body, New Orleans, Louisiana

birwin@cochranfirm.com (Benjamin A. Irwin) — Mon, 01 Mar 2010 17:11:00 +0000

The incidence of surgeons leaving foreign bodies inside patients after surgery happens more frequently than you would imagine and has serious consequences, often leading to additional surgeries and even wrongful death.

Surgical teams have left surgical sponges, pins, blades, clips, gauze, cotton and other medical equipment and instruments inside surgical sites because of carelessness and negligence. The retained foreign bodies can cause damage to tissues, blood vessels and organs and cause life-threatening surgical site infections that can lead to permanent disability or death.

The surgical team, including the surgeon, anesthesiologist, nurses and healthcare facility can be held legally liable for medical malpractice and negligence if a preventable injury from a retained foreign body occurs. The Cochran Firm has medical malpractice attorneys with the knowledge and expertise to investigate and evaluate instances of retained foreign bodies and they will work meticulously to obtain the financial compensation their client deserves for their pain and suffering due to the negligence of others.

If you live in the New Orleans, Louisiana area and you have suffered unnecessarily due to a retained foreign body after your surgery, please contact The Cochran Firm today to schedule a confidential consultation at no cost to you to learn what you can do to protect your legal rights and get the financial compensation you deserve.

Premises Liability in Las Vegas, Nevada

birwin@cochranfirm.com (Benjamin A. Irwin) — Mon, 01 Mar 2010 16:06:00 +0000

All property owners are obligated by law to provide a safe environment for the public and premises liability laws are meant to enforce this legal liability if someone is injured in an accident on their property.

Some examples of accidents that come under premises liability laws include slip, trip and fall accidents, criminal assaults caused by a lack of adequate security, injuries sustained in a fire in a hotel or other public building, being struck by a falling object in a retail store or injuries sustained on an escalator in a shopping mall.

A determining factor for legal responsibility for your injuries is whether or not the owner of the property was aware of the dangerous or hazardous condition which caused your accident, and whether a realistic effort was made to correct that hazard, or a reasonable assumption that the owner should have been aware of the hazardous condition and failed to correct it.

The premises liability attorneys at The Cochran Firm have extensive experience in investigating and evaluating premises liability claims and in securing financial compensation for their clients that may include payment for current and future medical expenses, income losses and pain and suffering.

Please contact the Las Vegas, Nevada office of The Cochran Firm today if you have been injured in an accident on someone else’s property to learn how to proceed to protect your legal rights.