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Know Your Rights After a Traumatic Birth Injury

When Can You Sue After A Traumatic Birth Injury?

While traumatic birth injuries are devastating, unexpected, and challenging, not every instance of a traumatic birth injury will qualify for a lawsuit. In order for a lawsuit to be viable to the plaintiff, someone must be at fault for the harm caused to the plaintiff.

The best way to know if your birth injury case qualifies is to talk to an expert and experienced medical malpractice attorney or lawyer. At The Cochran Firm Cleveland, we provide aggressive and dedicated representation for our clients who have suffered traumatic injuries due to substandard medical treatment.

What Is The Statute Of Limitations For Birth Injuries In Ohio?

In Ohio, there are different time limits depending on the type of birth injury.

What Kind of Traumatic Birth Injuries Are There?

Any number of things can go wrong during labor and delivery. The type of injury that an infant might experience will vary greatly depending on the circumstances of their birth. 

What Maternal Injuries Can Occur During Childbirth?

The goal of the lawsuit is to help you and your child achieve the highest quality of life possible.

How Long Does It Take To Settle A Birth Injury Lawsuit?

The truth is that birth injury lawsuits are particularly complex and take a long time to resolve. Aside from the doctors and other medical providers, the hospital will usually bring in legal support, which can make winning a case challenging, depending on the quality of evidence available.

Should your case proceed to court, you can expect it to take months or years, especially to get the highest level of compensation.

How Will I Know How Much to Settle For?

Talking together with experts to research the potential damages that resulted from you or your child’s injury will be used to evaluate how much to settle for. Aside from consulting with your personal injury attorney, the following individuals may be consulted to help you know how much your settlement should be.

Other considerations for how big your settlement will be include:

What Type of Damages Come From Birth Injuries?

The extent and severity of the damages you and your child experienced will influence which type of damages and the amount of damage awards that you may receive.

What Causes Birth Injuries?

There are many causes of birth injuries that vary depending on the circumstances of the birth.

Birth Injuries to the Child

Infection-based injuries usually do not result in the need for a medical malpractice case. However, if you or your child are injured due to a doctor’s failure to treat a dangerous viral or bacterial infection, you should speak to a birth injury attorney about a case evaluation.

Maternal Birth Injury Causes

Keep in mind that not every injury will meet the requirements for a birth injury lawsuit. But, the best way to find out if your case will succeed is to meet with a qualified personal injury attorney.

I’ve Been Injured, How Do I Know If I Have a Case?

Traumatic birth injuries are a type of medical malpractice lawsuit, and depending on the cause of your injury, your case may branch into other areas of personal injury law. These laws are nuanced and complicated. Therefore, you’ll need the help of a professional team of traumatic birth injury attorneys, lawyers, paralegals, and medical experts to evaluate your case.

At The Cochran Firm Cleveland, before taking your case, we are happy to provide a free case evaluation. In this evaluation, we’ll ask you details about your case such as:

Who Is Responsible for My Birth Injury?

In birth injury cases, the responsible party can be any number of providers who were involved in giving you medical care as you had your baby. It could be a single doctor, nurse, or anesthesiologist, or the whole team of medical providers could be at fault. Even companies that produce the pharmaceutical drugs or medical devices used during labor could be held liable in the event of an injury.

What Kind of Evidence Do I Need for a Case?

Discharge Summary

This is one of the first items that our attorneys will request from the hospital. The discharge summary will have both the mother’s and the baby’s complete hospital records. This will give us a complete and accurate picture of the level of care you received and whether or not malpractice took place.

Eyewitness Testimonies

Anyone who was there in the operating room or attending to the birth mother before labor will have evidence.

Expert Testimony

In a birth injury lawsuit, our attorneys will consult with experts in the field of birth and birth injury. We will contact and work with obstetricians, doctors, anesthesiologists, life-care planners, nurses, pediatricians, and more to get an accurate picture of if your injury was from malpractice. These experts will also help us know the type and amount of damages that your case will be worth.

Birth Injury Attorneys at The Cochran Firm Cleveland

Because the fight for compensation after a traumatic birth injury is long and hard, you need a team of expert and dedicated attorneys who will stay with you until the case is settled. Our group of attorneys at The Cochran Firm Cleveland are committed to representing you with the same level of professionalism and dedication that our founder Johnny Cochran Jr. founded our firm on. Call us today for a FREE case evaluation.

What Makes an Emergency Room Medical Malpractice Case?

Medical errors lead to hundreds of thousands of deaths each year in the United States. It’s estimated that medical errors are the lead cause behind as many as 251,000 deaths annually. Medical errors that occur in the emergency room are especially likely to lead to patient death, or at the very least, injury. 

If you’ve been the victim of emergency room malpractice, you deserve compensation for your injury or loss of a loved one. Keep reading to learn how our Cleveland medical malpractice attorneys can help you.

What Is Emergency Room Malpractice?

Image Meta: The outside of an emergency room to reference ER medical malpractice cases

Emergency room doctors work in one of the most challenging practices in the medical field and as a result, there is some allowance for errors. However, ER providers can still be held liable for any substandard care that is given.

Now, in order for a provider to be held liable for negligence or malpractice, you as the victim must prove:

What Is A Patient Doctor Relationship?

This is a term that means the doctor being sued did provide medical care to the patient. Even if a doctor did not directly provide care but they were an attending physician who helped examine the patient, they could still be held liable.

This can be proven in any number of ways with official documents or doctor’s records. Usually, this is one of the easier points in gathering information for a medical malpractice claim.

What Is Negligence in Emergency Room Treatment?

In cases of medical negligence, doctors are held to certain standards of care that effectively say that a doctor treating a similar patient in a similar set of circumstances would have provided the same level of care. 

Now, for regular medical doctors, the standard of care is evaluated differently from the standard of care for emergency room doctors. The environment of an emergency room is fast-paced, urgent, and the stakes are often life or death. 

In order to prove that negligence was part of the victim’s treatment, a plaintiff usually needs to find an expert testimony. The testifier will need to outline similar situations to the plaintiffs and find evidence that the doctors involved in those cases upheld the standards of care.

Multiple testimonies may need to be given in order to establish a clear reference point for your case. Thankfully, you don’t have to go about finding witnesses all on your own. At The Cochran Firm Cleveland, we maintain connections with medical experts who will help us analyze and evaluate your case, so you can rest assured that your case has a fighting chance in court.

Actual Harm

The final key component of any medical malpractice case is showing that you (the plaintiff and victim) experienced consequences because of the negligence you experienced. Harm that usually qualifies for a malpractice suit might include:

Any evidence of harm should be documented. You could save your medical bills, take note of your estimated recovery times, or find witnesses to testify of your pain and suffering.

How Do You Know If You Have A Medical Malpractice Case?

As we discussed above, at a bare minimum ER medical malpractice cases must have evidence of a patient-doctor relationship, negligent treatment of the patient, and actual harm caused to the patient by the negligent care.

Other than that, our attorneys at The Cochran Firm Cleveland will evaluate each case individually to determine the likelihood of success or failure from pursuing a medical malpractice lawsuit. Malpractice claims are often lengthy and demanding. Therefore, in order to save you undue additional stress from court proceedings, we only accept cases that meet our rigorous standards.

Why Is It Hard To Prove Medical Malpractice?

The challenge of proving medical malpractice goes back to proving the negligence of the provider and then connecting that negligence to the harm experienced by the victim. Gathering and interpreting the evidence of ER negligence is another one of the challenges. Medical experts usually need to be consulted in order to piece out every detail. And it can sometimes take more time to gather your medical records depending on the responsiveness of the hospital and your medical providers.

When Can You Sue For Emergency Room Malpractice?

A monitor in the ER for intensive care at a hospital.

As stated previously, you can sue for emergency room malpractice when you have evidence that you experienced negligent treatment from an ER provider, and that you suffered injury or harm as a result of that negligence.

It should be noted that you need to file your claim as soon as you find out about the malpractice. In Ohio, the statute of limitations limits the period in which you can sue for malpractice to four years after you were injured by the malpractice.

But, as with any law, there are some exceptions such as if you found out about the injury late and could not have discovered it sooner. Another notable exception is for cases where a foreign object is left in the patient’s body.

Can You Sue For Being Misdiagnosed In The Emergency Room?

Yes, you can. Even though ER doctors work in a high-pressure environment where they often treat many similar cases, they must provide the best possible care for each patient. So, if you suffered more injury or harm due to misdiagnosis in the ER, you can hold the responsible provider liable.

What Is Misdiagnosis?

In medical malpractice, misdiagnosis is a term that describes when a doctor diagnoses and treats a patient based on present symptoms, but the prognosis is incorrect. Then, the incorrect diagnosis leads to more harm to the patient which could have been prevented if the provider had not been negligent with the patient’s diagnosis.

Keep in mind that this is a highly simplified explanation of misdiagnosis, and you should talk to a paralegal or Cleveland medical malpractice attorney to receive a detailed evaluation of your case.

What Are The 4 D’s Of Medical Negligence?

The “four D’s” of medical negligence are a simplified way to explain the requirements of a successful med mal lawsuit.

  1. Duty of care - a patient-doctor relationship is established.
  2. Deviation from the standards of care - the medical provider does not provide adequate medical care.
  3. Damages - the patient suffers physical, monetary, or emotional losses.
  4. Direct cause - the harm suffered by the victim is the direct result from the doctor’s deviation from the standards of care.

How Much Do ER Medical Malpractice Cases Settle For?

The exact settlement amount will vary depending on the circumstances of your case. However, we’ve seen settlements from hundreds of thousands to millions of dollars. But keep in mind that these cases are highly complicated and may take months, if not years to resolve.

Get the Help of Cleveland Medical Malpractice Attorneys

If you’ve been injured due to negligent medical care, whether in the emergency room or through private practice, you deserve compensation for your injuries. Our highly skilled and experienced personal injury attorneys at The Cochranfirm Cleveland offer FREE case evaluations. Then should we accept your case, we are committed to fighting by your side until the case is settled.

Schedule a FREE case consultation today by calling 1-800-THE-FIRM.

Is Your Injury Claim Suitable for a Mass Tort Action?

If you have been injured by a product, medical device, pharmaceutical, or other widely distributed product, you may be entitled to compensation through a mass tort. Chances are, you aren’t the only person with injuries in Cleveland or across the nation.

What is a Mass Tort Action?

Mass tort actions are efficient ways to award compensation in certain personal injury claims. Mass tort actions are performed after cases where there are large numbers of personal injury victims with similar cases. For example, cases involving defective products, harmful medical devices, or dangerous pharmaceutical drugs are all common mass tort actions, because any of these products can harm large groups of people in similar ways.

How Do I Know if My Case is Worth a Mass Tort Action?

Successful mass tort claims must include the following characteristics:

  1. The defendant had a responsibility of care
  2. The defendant failed to fulfill this duty
  3. The plaintiff or plaintiffs’ injury was directly related to the defendant’s failure to meet their obligation of care or to meet industry standards

Furthermore, the defendant will need to show that the plaintiff’s actions caused the plaintiff’s injury. 

Next, is the amount of damages caused. Multiple parties have to experience the same injuries caused by the fault of the defendant. Usually, personal injury attorneys will work with a network of attorneys to find similar cases when filing a mass tort claim.

This serves as a way to consolidate cases and make the claim process more efficient.

As similar cases are consolidated, a small team, or class, is formed to represent the entire body of plaintiffs. Compelling facts and testimonies from victims and connected parties as well as personal injury attorneys become involved in filing the case.

What Are the Signs You Have a Mass Tort Claim?

It can be hard to assess if you have a viable mass tort claim. However, some signs can indicate the likelihood of a mass tort lawsuit. 

  1. Many plaintiffs file claims based on similar causes, such as taking the same prescription drug, or using the same product.
  2. The injuries occurred regardless of distance, meaning plaintiffs can be either living close together or far apart from each other.
  3. The injuries are similar to each other. For example, talcum powder use causing ovarian cancer and mesothelioma.
  4. Most importantly, a large number of plaintiffs were involved in the injury.

Mass Tort Claims FAQs

What Are the Most Common Mass Tort Claims?

The most common types of mass tort cases are dangerous pharmaceutical drugs and product liability. These cases usually stem from errors and breaches of liability from the product manufacturer.

Using these points may help you understand if your case meets our criteria for an effective mass tort claim. 

For Dangerous Pharmaceutical Mass Tort

Pharmaceutical companies have the responsibility to adequately test, research, and formulate the prescription drugs they make. If they do not adhere to industry safety standards during the manufacturing process, then these companies can be held liable for injuries that occur as a direct result of this type of accident.

For Product Liability Mass Tort

An example of product liability mass tort is injury due to medical devices, such as surgical mesh, bone implants, or knee replacements. Generally, for these types of cases, a manufacturing error occurred, or a flaw in the design was allowed to continue despite there being a safe option that could fix the flaw.

Additional Types of Mass Tort Personal Injury Cases

If neither of the above two examples sounds like the injury you experienced, then perhaps your injuries fall into the category of toxic mass tort. This is a category of mass tort that involves injuries caused by exposure to dangerous or harmful chemicals in the environment.

The Deep Horizon BP oil spill is one example of a mass tort. Other toxic substance mass torts include Agent Orange, asbestos manufacturing, and pesticide exposure.

What’s the Difference Between a Class Action Lawsuit and Mass Tort?

Mass tort lawsuits are smaller and more localized than class-action lawsuits. During a mass tort lawsuit, each client is allowed to help direct and guide the case as well as get their own compensation needs met.

Class action lawsuits treat plaintiffs as a group. And therefore do not have the same level of rights to direct the outcome of the case. Therefore, plaintiffs do not have the same level of influence in class action lawsuits as they do with mass tort lawsuits. 

Mass tort claims also allow attorneys to treat their clients as individuals, therefore adjusting to individual needs. 

The other difference between class action lawsuits and mass tort claims is that the large group of plaintiffs involved in a class-action lawsuit is represented by a small group of plaintiffs called a class. 

Advantages of Pursuing a Mass Tort Claim

Combining resources with other plaintiffs under similar circumstances can allow attorneys to use facts from one case in future cases. 

Do Plaintiffs Have to Know One Another in a Mass Tort Case?

Plaintiffs do not have to know one another in mass tort cases. Some victims may get to know each other before filing a claim, but it is not a prerequisite for filing a claim. Your attorney will be able to help you find a group of filing plaintiffs if your claim fits the requirements for a mass tort claim.

What is Multi-District Litigation (MDL)?

MDL is a legal process designed to streamline litigation involving multiple parties, such as in mass tort cases. This process consolidates civil actions that span different legal districts and can temporarily transfer pretrial proceedings to one district, while each case involved is treated as a separate case.

Any transferred proceedings are returned to the original district before trial. 

MDL is most often used in product liability lawsuits, antitrust cases, dangerous drugs, securities fraud, and medical devices.

How Long Does it Take to Settle a Mass Tort Case?

The length of time it takes for a mass tort case to settle is unpredictable. Cases may be settled in only a matter of months, but it’s likely to take years before settlement can be reached.

Why Do Mass Torts Take So Long?

Mass tort cases take a long time to settle simply because they usually involve multiple plaintiffs. Generally speaking, the more plaintiffs involved in the case, the longer the tort claim will take. Usually, these cases will take years to settle. Additionally, these cases can be hard to win since defendants are usually large businesses, big pharma companies, or corporations with significant resources.

What is the Average Payout for a Personal Injury Claim?

In general, the average personal injury claim payout amount will fall between $10,000 and $50,000. Smaller cases may involve smaller payouts for a few thousand dollars.

As for mass tort claims, payouts are typically much larger, usually reaching amounts in hundreds of thousands of dollars.

How Does a Mass Tort Settlement Work?

After the pretrial proceedings, the courts usually try a few cases preliminarily. These cases are called bellwether trials, and the mass tort attorneys usually choose the most serious injuries to go to trial first.

The bellwether trials are highly important, in this stage if a strong enough defense is brought against the claims, then the rest of the cases usually do not proceed to court.

Settlement for mass tort claims is evaluated on the individual basis of each claim. The severity of the injuries experienced by the victims will influence the final settlement amount. It should be noted that settlement amounts are not split by any of the plaintiffs in a mass tort case. Instead, damage awards are given based on the individual merits of the cases.

Examples of Mass Tort Claims
Is a Personal Injury Claim a Tort?

By definition, a tort is any harm or injury inflicted upon a victim that can be tried in court. Therefore, any personal injury inflicted upon a victim is a tort. However, a personal injury claim is not a tort itself, as the claim is the legal process of trying the tort.

Is a Mass Tort a Class Action?

A mass tort is a civil action or lawsuit that involves multiple plaintiffs who experienced the same or similar injuries under similar circumstances. Class actions are an option for filing a mass tort claim, but they are not always the best option, especially when the plaintiffs want to have a say in the proceedings of the case.

Skilled Mass Tort Attorneys at The Cochran Firm Cleveland

If you’ve been injured and suspect you may have a mass tort claim, call the attorneys at the Cochran Firm Cleveland for a free case evaluation. Should your case proceed to court, our attorneys will fight by your side to help you get the compensation you deserve.

12 Bizarre But Real Holiday Lawsuits

As we all know, holidays can be stressful. They are often filled with family obligations and many people end up angry. Sometimes even in the hospital due to stress-related health problems like heart attacks or injury. So it's not surprising that when things go wrong during this time of year, lawsuit threats follow close behind! In this blog post, we will discuss 12 lawsuits that were filed because of a holiday-related reason.

1. Non-stop Jingle Bells

After hearing "Jingle Bells" non-stop, all day long one Manhattan man couldn't take it anymore. A woman had set out a plastic reindeer decoration that played the song on repeat, driving the neighbors crazy. Attorney Nick Wilder had enough and sued her on noise pollution. It worked and the neighbors were able to enjoy a silent night in the end.

2. Smoked Turkey with a Copyright

Greenberg Smoked Turkeys, Inc is proud of its turkeys. So proud that they believe their recipe is exclusive to their product. They filed a lawsuit against Goode-Cooke, Inc alleging that Goode-Cooke copied their instructions for their own smoked turkey product. The instructions were three short paragraphs with fairly standard turkey cooking practices. Goode-Cooke removed the instructions from their website after the lawsuit.

3. Cruel and Unusual Punishment

Inmates in an Arizona jail were forced to listen to holiday music 12 hours a day. Sheriff Joe Arpaio of the Maricopa County jail played songs like "Rudolph the Red-Nosed Reindeer," "Feliz Navidad" and other holiday favorites in the jail. The inmates had enough and filed multiple lawsuits stating it violated their religious rights and was also cruel and unusual punishment. Federal courts found that the holiday music was not violating any rights in all cases.

4. Lighting Up Tires and Christmas Trees

In a lawsuit that was filed in 2016, a man is suing General Motors for $18 million. He claims that his car exploded after the brake lights ignited due to faulty wiring and set fire to both his vehicle and Christmas trees he had just purchased from Walmart.

5. Not The Only Christmas Injustice to Lights

The company Canadian Tire started a case against Walmart for stealing their original pattern for clip-on Christmas lights. They claim the Walmart knock-offs are deceiving consumers with inferior workmanship and are theft of intellectual property. The lawsuit asks for $500,000 in penalties with the addition of lost sales.

6. Elf on the Shelf Causes Mental Anguish

A woman in Utah filed a lawsuit against her daughter's school. The lawsuit claimed that having an elf on the shelf at school was causing her daughter mental anguish and she should not be forced to participate in the Christmas tradition.

7. Hanukkah Getting Into the Lawsuit Game

The band Anthrax is in a lawsuit over an ugly Hanukkah sweater. They are being sued by Aaron Cummins who claims that he came up with the design for the sweater and Anthrax stole it. He noticed the sweater was being sold after seeing a social media post. The lawsuit claims the offending distributor has taken advantage of the knowledge, skill, and innovation of Cummins.

8. Christmas Custody of Spot

In the Christmas spirit, a man in Texas sued his ex-wife for custody of their dog because she would not let him see the pet during the holiday. He claimed that he should have custody rights since it was part of his "Christmas tradition." The case was thrown out.

9. The Anti-Christmas Decorations

In the Texas State Capitol building, the Freedom from Religion Foundation placed their own type of holiday decoration. It was a display celebrating atheism and the winter solstice, not Christmas. The display read, "Happy Winter Solstice. At this season of the Winter Solstice we honor reason and the Bill of Rights (adopted December 15, 1791). Keep state and church separate. Placed by the Freedom From Religion Foundation on behalf of its Texas members."

Governor Greg Abbot hated the display and was caught taking it down. The Freedom from Religion Foundation filed a federal lawsuit stating the governor violated their freedom of speech. They also claim the act was an illegal censor of their content.

10. Too Much Cheer

One family in South Florida had to deal with a city Grinch. The Hyatts create a yearly lavish holiday display with over 200,000 lights, a full lawn Christmas display, and an enormous decorated tree. The city of Plantation, FL decided they had had enough, even though residents and neighbors looked forward to seeing the decorations. Ultimately, the court was in favor of the Hyatts' stating that the city did not demonstrate how the display harmed the city or caused a disturbance.

11. Candy Canes in a Legal Battle

One December, first-grader Isaiah M. gave his classmates candy canes as gifts. These were just regular candy canes though, they bore an attached message explaining the significance of candy canes in religion. After noticing this, his teacher removed them from the candy canes and stated "Jesus is not allowed in school." His parents and the conservative group Advocates for Faith and Freedom decided a lawsuit was in order. The federal lawsuit claimed that their son's freedom of speech was violated. This is not the only legal battle of this kind over candy canes either. Another happened in Plano, Texas in 2003.

12. There Can Only Be One Elf on The Shelf

Elf on the Shelf is a newer Christmas tradition created by Carol Aebersold. Maureen and Manus McGee decided they too wanted to create a holiday elf and make what Carol calls "elf knockoffs" that mimic her product. The lawsuit claims that the elf was stolen from her and she is suing for lost profits, wants their product taken out of stores, and wants everything they have produced.

Do You Have a Holiday Lawsuit?

These are just some of the bizarre but real holiday lawsuits and more are always happening! If you believe you have a holiday-related case involving personal injury, defective products, or premise liability, The Cochran Firm Cleveland law firm can help. Give us a call and we will discuss your case and see if we can help.

Dangerous Defective Products: How to Avoid Getting Hurt and What to Do if You're Injured

The phrase "dangerous product" conjures up images of a dangerous weapon, like a loaded gun or an explosive. However, the term can also refer to something as seemingly harmless as a toy. Unfortunately, defective products can cause serious injury and even death to those who use them. If you have been injured by any type of defective product, it is important for you to know your rights and what legal options are available to help make things right again.

What Counts as a Defective Product?

While there are no federal laws that specify exactly what is and isn't a defective product, the majority of states have passed some kind of legislation to protect consumers in this area. For instance, California has the Song-Beverly Act, which defines "unsafe" products as anything that presents an unreasonable risk of physical harm to users or bystanders. This definition can be applied to many different types of products, from defective medical devices and pharmaceuticals to toys that contain lead paint or power tools with no safety guards.

What Makes a Product Defective?

There are three main ways in which a product may be considered defective: manufacturing defects (in which the product is not built as it should be), design defects (in which the product was not designed in a way that ensures safety, even if it is built correctly) and marketing or labeling defects (when there are inadequate instructions for using the product safely). In some cases, multiple types of defects may apply.

When a company recalls a defective product, it is usually because the product carries a risk of death or serious injury. However, not all recalls are created equal- there's no federal law that requires companies to recall any defective products at all! Instead, they must report defects to the Consumer Product Safety Commission (CPSC), which has the authority to investigate claims and order recalls if necessary.

Most Deadly Defective Products

Defective medical devices and pharmaceuticals are some of the most dangerous defective products on the market. For example, certain birth control pills have been linked to blood clots that can cause heart attacks or strokes in users, while faulty hip implants and other broken bones caused by metal poisoning from these artificial joints have led over 20% of recipients to require revision surgery.

If you watch tv, at some point you have most likely seen an ad for asbestos poisoning. This product defect has been responsible for many deaths and injuries. Asbestos was once a popular building material, but it is now known to cause cancer and other deadly illnesses like asbestosis, mesothelioma, and pleural plaques.

Automobiles have multiple risks of product defects. Defective airbags have caused many injuries and deaths, as well. Airbags are supposed to protect drivers and passengers in the event of a car accident by deploying at high speed with enough force to prevent serious injury. However, when they fail or deploy improperly they may cause more harm than good. For example, if an airbag ignites too soon or too late, the force of the airbag could cause serious injuries to occupants.

Children's toys, unfortunately, can be prone to dangerous defects as well. Lead poisoning is a well-known risk of defective children's toys, but the CPSC has also recalled products like rubber ducks and stuffed animals due to choking or suffocation hazards. Other common toy defects include defective batteries, choking hazards, and toxic chemicals.

Choking hazard on teddy bear toy defect

When you purchase food at your local grocery store, it may seem safe enough (especially if it isn't spoiled). However, there have been cases in which dangerous chemicals like lead, arsenic, and insecticides have been found in food products like honey, cereals, juice, or spices. The companies that produced these adulterated foods were often unaware of the harmful chemicals until after they had caused sickness and even death to unsuspecting customers.

Tools as simple as a hairdryer or toaster can be defective. Some common product defects with these and other household appliances include faulty wiring, overheating and burn hazards, and in the case of hair dryers: electric shock risk when touching cold surfaces after use (ex: metal handles or doorknobs).

What Can a Victim of a Defective Product Do?

If you have been injured by a defective product, there are several things that you can do to protect your rights and hold the manufacturer accountable for their negligence. In some cases, it may be necessary to file an individual product liability claim against one or more parties involved in designing, manufacturing, or distributing the product. In other cases, a class action lawsuit may be more appropriate.

In either case, it is important to work with an experienced defective products attorney who can help you determine your best course of action and guide you through the process from start to finish. This will ensure that every party responsible for injuring you or a loved one is held accountable, which can make all the difference when it comes to getting fair compensation for your injuries.

What Steps Can I Take to Protect Myself or Loved Ones From an Injury?

While it is important to know your legal rights and options if you have been injured by a defective product, there are steps that can be taken in the interim to help protect yourself or your loved ones from being seriously hurt.

The first thing you should do is always read all instructions before using any type of consumer good. In addition, familiarize yourself with a product's potential risks and learn how to avoid them. If you have small children in your home, make sure that dangerous products are placed well out of their reach whenever possible.

Finally, it is extremely important to report any injuries caused by defective products as soon as they happen- even if the incident does not seem serious at first! This will help keep track of how many people are injured by a particular product and make it easier to connect the dots if other victims file similar claims.

What Can I Expect After Filing a Product Liability Lawsuit in Cleveland?

As with any legal situation, there are many challenges that you will face during litigation- but an experienced defective products attorney can help guide you through them and give you an idea of what to expect. In most cases, you can expect to present your claim at a settlement conference or mediation before proceeding with the lawsuit.

In some cases, it may be necessary for both sides involved in the suit to go through arbitration and/or trial proceedings- and this is where having an attorney on your side becomes even more important. Not only will they ensure

Can I Receive Compensation for a Defective Product Injury?

If you get hurt by a defective product, you may be entitled to compensation. You can file a personal injury claim against the manufacturer, distributor, and/or seller of the product in question. While these are often complex cases that require specific legal expertise, you do have options when it comes to seeking justice for your injuries. The defective product lawyers at The Cochran Firm offer free consultations where they will listen carefully to what happened and explain your legal options.

For more information on defective products, please contact us today at The Cochran Firm. We can be reached online or by calling 1-800-THE-FIRM. We can help you file a defective product injury claim in Cleveland to receive compensation for your injuries.

What Compensation Is Available for Medical Malpractice in Cleveland?

Earlier this year, University Hospitals of Cleveland was featured in the national news, but not in a good way. University Hospitals transplanted a kidney into the wrong patient. Two patients had been waiting for a kidney. Patient one received the kidney that was intended for patient two.

The good news is that patient one turned out to be compatible with the kidney and so far, just a few months later, is apparently doing fine. The bad news is that the patient for whom the kidney was intended remained on dialysis and continued the wait for a new kidney.

In 1995, a doctor operating in a Florida hospital amputated the wrong leg of a man with diabetes. This tragic error caused the man to have to undergo a second operation to remove the diseased leg. Now, instead of needing one prosthesis, he needed two. This inspired hospitals across the country and even the world to institute safety measures to make sure something like this would never happen again.

But in June 2021, a hospital in Austria did it again. The doctor amputated the wrong leg of an elderly gentleman. The patient had to undergo a second operation to amputate the diseased leg. Hospital officials stated the tragic mistake was the result of “a sequence of unfortunate circumstances.”

What is Considered Medical Malpractice in Ohio?

It seems clear that giving the wrong patient a kidney or amputating the wrong leg is malpractice, but what about other types of care that may seem not to be up to par? In order to win your medical malpractice claim in Ohio, you must prove:

Any health care provider can be included in the claim, whether doctor, nurse, medical assistant, or the hospital.

Some Types of Medical Malpractice

Not every medical error is malpractice. Some examples of errors that do rise to the level of malpractice include:

What Compensatory Damages Are Available for Medical Malpractice in Cleveland

There is often no way that you can go back to the way you were before the medical malpractice occurred. Instead, you can be compensated for the harm that was caused by the healthcare provider’s medical malpractice,

Ohio law provides for you to be compensated for your damages. There are two types of damages: economic and noneconomic.

Economic Damages

Economic damages are those damages that are objective and verifiable. They can be calculated by tallying up receipts or by the projection of future costs. Examples of compensation for your economic damages include:

Ohio does not place a cap on the amount of compensatory damages which you may collect.

Non-economic Damages

This category is for damages that cannot be mathematically calculated. For example, you can receive compensation for your pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium, for which there is no number that can be used to adequately calculate your damages.

Ohio puts a cap on non-economic damages. You can not receive more than $250,000 or three times the amount of your compensatory damages, whichever amount is greater. Even then, you cannot collect more than $350,000 unless the damage included the loss of a limb or resulted in a severe deformity. But again, there is a cap on those damages of $500,000.

Punitive Damages

Rarely, punitive damages will be imposed. These are designed to punish the person who caused you damage. These may be imposed if the conduct of the healthcare professional is considered to be absolutely egregious. This means the conduct was reckless or intentional. If punitive damages are imposed, there is a cap of two times the compensatory damages.

Statute of Limitations for Medical Malpractice

No matter how seriously you were injured, nor how severely and permanently you were damaged, you will collect nothing if you let the statute of limitations run out before you file your claim. The statute of limitations refers to the time you have to file a claim against the health care provider after the incident that caused you harm.

In Ohio, a patient must file the claim within one year of discovering the injury. For example, if you discover your broken bone has not healed correctly because the doctor did not apply the correct standard of care when treating it, you have one year from the date you discovered or should have discovered, your problem was caused by your doctor’s negligence.

On the downside, the maximum time you have to file your suit is four years after the doctor’s action or inaction that harmed you, even if you have not yet discovered the harm. There are some exceptions to this rule. For example, if a foreign object was left in your body and caused you harm, you can file your claim for damages within one year of the date you discovered it, even if four years have passed since the incident.

Consult an Experienced Medical Malpractice Attorney

If you believe you are the victim of medical malpractice and suffered damages or someone you love died because of medical malpractice, contact us at The Cochran Firm Cleveland. One of our experienced medical malpractice attorneys will offer you a free consultation to review the facts of your case and advise you on how to proceed.

The Pressing Civil Rights Issues Facing Cleveland Today

The Civil Rights Act of 1964 made it illegal to deny rights to anyone based on race, color, religion, sex, or national origin. These freedoms have their roots in the 14th Amendment to the U.S. Constitution, which provides equal rights to all born in the U.S. 

The Act was intended to end discrimination, but in Cleveland, nearly 60 years later, we are still struggling with implementing civil rights for all. There are still people of color in this great city who live in poverty, are denied educational opportunities, and are unfairly profiled based on the amount of melanin in their skin.

Issues With Law Enforcement

When people think of civil rights issues, they often focus on social unrest exhibited by those marching in protest of blatant and public injustice, generally committed by law enforcement. One example is the injustice brought to light by the May 2020 George Floyd murder at the hands of Milwaukee police officers.

Cleveland residents joined the protests of those across the country who were outraged by the murder. The press focused on the Cleveland protest that started peacefully but turned into chaos. Nearly 100 people were arrested on one night, and 20 people were injured seriously enough to be transported to hospitals. 

The controversy over how the protestors were treated inspired Cleveland's community police commission. They asked the Department of Justice (DOJ) to "take a look at law enforcement in Cleveland centering around the practices and policies of these agencies in Northeast Ohio that may deprive persons of their right to lawfully assemble."

But the civil rights issues in Cleveland are broader than just the discriminatory treatment of Black citizens by law enforcement. Despite the draw of the city of Cleveland as a diverse and vibrant place to live, its civil rights problems encompass a broad range of issues that have historically seen discrimination against people based on the color of their skin.

Pressing Civil Rights Issues Facing Cleveland Today

In 2019, the University of California at Berkeley conducted a survey. The survey covered 112 cities with populations of 200,000 or more and ranked them according to the most segregated. Cleveland ranked sixth out of the 112 and sixth out of 68 in the category of High Segregation.

Blacks in Cleveland face challenges beginning at their birth. There are 15.6 deaths for every African American live birth as opposed to 2.5 deaths per 1,000 live white births. Those African Americans who survive go on to suffer more disadvantages and discrimination than whites. The ongoing need for social justice continues.

What is social justice? 

The concept of social justice is intertwined with civil rights. It means that all people should be treated fairly, equitably, and with dignity in all aspects of life. Social justice would make sure that all people, regardless of the color of their skin, would have their needs for food, clothing, shelter, and medical care met. 

Everyone would have equal access to educational, employment, and entrepreneurial opportunities. All would feel safe walking down the street in their own neighborhood. 

Blacks continue to have problems with pursuing a college education
Factors affecting disparity in education

In March 2019, the Metropolitan School District's Project Act reported there were nearly 3,000 homeless students. It was thought that there were at least that many more who were enrolled in school but who did not report they were homeless.

Homeless students often move from school to school, which disrupts their education and makes learning more difficult. When they leave school at the end of the day, they face traumas like where they will sleep that night and will they have dinner. Only about 25 percent of homeless students complete high school. 

Black students who are not living in poverty or who are not homeless have less access to opportunity. In the Cleveland Metropolitan School District, white students are nearly twice as likely to be enrolled in gifted and talented programs as Black students.

White students are more likely to be enrolled in AP classes. On the other hand, Black and Latino students are more likely to be disciplined.

Blacks continue to have problems with pursuing a college education. Although half the Cleveland population is Black, only 6 percent of Case Western Reserve University students are Black. Only 8 percent of students at Kent State are Black, and 15 percent at Cleveland State.

The rate of Whites who get college degrees is double that of Blacks. Plus, Blacks who do earn bachelor's degrees end up with more student debt than their white counterparts.

Health Care

In Cleveland, those who live in Black neighborhoods have a lower life expectancy than their neighbors in white communities. As Black environmental leader Jacqueline Gillon recently commented, "If the world catches a cold, Black people get the flu." 

Black communities are more likely to suffer from chronic health conditions like diabetes, high blood pressure, cardiovascular disease, cancer, asthma, and infant mortality. These health concerns are not a myth. In 2020, the Cleveland City Council recognized the disparity in health care resulting in poor health for Blacks and declared racism a public health crisis.

The Declaration required Cleveland to follow the Center for Disease Control and Prevention (CDC) guidelines for eliminating disparity. The Declaration was not limited to addressing discrimination in health care but also in the areas of "education, access to jobs, earning power, access to housing, access to health care, home environment and quality of life."

Economic system

Inequality of wealth creation between whites and Blacks in all areas of the U.S., and particularly in Cleveland, is almost a given. Along with discrimination in education and lower levels of Black college graduates, or even lower levels of college attendance, comes lower-paying jobs. 

Research shows that Blacks who have finished college still earn less than white workers with the same education level. In the Cleveland Metropolitan Area, Black residents, in general, earn less than one-third of what white residents earn. 

Blacks are disproportionally likely to have lower-wage occupations than whites and are almost 2 times as likely to be living in poverty. Poverty is defined as not having enough "income or material possessions to meet an individual's or family's basic needs." 

In Cleveland, 51 percent of all children live in poverty as opposed to 30 percent of white children. Even when Black people reach working age, 30 percent still live in poverty, and 22 percent of Black senior citizens are at the poverty level.

The median income for white residents is more than twice that of black residents. Black workers are disproportionately represented in low-wage occupations like health care support, whereas white workers are disproportionately represented in higher-wage occupations like management and engineering.

In the U.S., one way to accumulate wealth is to own a home. It is still a challenge in Cleveland for Blacks to own their own home. This is due partly to the income gap. Another reason is the difficulty Blacks have with obtaining loans.

Although lenders often give varying reasons for denying a loan, data published in the Cleveland Real Estate News in November 2020 showed that high-income Black borrowers are denied loans more often than high, middle, or medium-income white earners. 

Criminal justice

In the past decade in Cleveland, there have been more than 1,500 police stops per year for an individual with "Black or African American" skin color. This number is twice as high as the national average and three times higher than that of white people in Cleveland.

One problem is the "school-to-prison" pipeline. Black students in elementary and high school are disciplined more often in school, which leads to a greater likelihood of incarceration in their future.

Black students are suspended nearly twice as much as white students. In the county, nearly 12 times more Black students are institutionalized than whites. Overall, 74 percent of the county's prison population is Black. 

Statistics show that Blacks are discriminated against at every step of the criminal justice process. Blacks are more likely to be arrested than whites who are engaged in the same activity. When arrested, they are more likely to be charged. When charged, Blacks are more likely to be convicted. When convicted, they receive sentences that are 20 percent greater than those imposed upon whites.

Community representation

Change comes with community representation. Even this can be a disappointment. One leader in the Black community, Randall McShepard, who has worked for 20 years to change the system, says he often feels like it is "soup warmed over. It's the same conversation." He feels nothing changes. 

McShepard thinks the Black community "needs new leadership that will shake up things and think outside of the box when it comes to problem solving." He notes that it is time for young leaders to step in and take their turn right now "because the house is on fire." 

Need Help with Cleveland Civil Rights Violation?

If you are a victim of any type of Civil Rights violation and need to find a civil rights attorney in Cleveland, contact The Cochran Firm Cleveland. Schedule a free consultation with a civil rights attorney in Cleveland to see if you have a legal claim.

Call 1-800-THE FIRM (1-800-843-3476). Our legal firm will use our experience in fighting for justice to help you receive compensation for any damages incurred. Call today to set up a free consultation appointment with a civil rights lawyer in Cleveland. 

7 Things to Know About Workplace Injury and Workers Comp in Cleveland

Work injuries are incredibly common in the US, as are work-related deaths. In fact, according to the National Safety Council (NSC), there were a total of 4.64 million (medically consulted) injuries in the US in 2019.
It’s important to understand your rights to compensation if you ever find yourself sustaining your own injury while at work. So, let’s talk about workers comp, starting with the very basics.


What is workers comp?

Workers comp (aka compensation), is a form of insurance that helps pay for medical bills and lost wages that result from a workplace injury.

1. Meet The Ohio Bureau of Workers' Compensation (OBWC or BWC)

Let’s start off by introducing the Ohio Bureau of Workers' Compensation (OBWC or BWC). This is the primary organization that provides medical compensation related to work injuries in the state of Ohio. In other words, these are the people that you’ll want to call or contact in case you have any questions related to workers' compensation.

How to file workers comp?

workers comp graphic
workers comp graphic

Most of the time, your workers' compensation claim will be filed with the OBWC. A claim can be filed by the injured employee, their employer or spouse, or their doctor. Typically, a claim can be initiated by submitting a First Report of an Injury, Occupational Disease or Death (FROI) form. It’s always best to check with your employer and/or OBWC however since filing requirements can occasionally change.

2. Notify your employer of the workplace injury.

Let your employer know about the injury ASAP. No matter how big or small, tell your employer about the injury and fill out an incident report if necessary. Remember that failing to notify your employer of the incident can lead to your claim being denied or drawn out.

3. See a medical provider.

In order to receive workers' compensation, you will most likely need proof of your work-related injury, as well as some forms filled out. It might be a good idea to call the OWBC first however and ask whether you can see any medical provider, or if there is a specific list of providers that are approved by the OWBC. Since your doctor may need to fill out some forms for your claim, also ask about those. Most of the time, you’ll have to get your claim approved before moving forward with major medical procedures. So don’t rush into any surgeries or other expensive procedures before checking with OWBC.

Regardless, remember to keep all of the paperwork and payment stubs related to your hospital visit. Don’t throw anything away, since you’ll likely need those papers later on for your claim.

4. There is a timeline for filing a workers comp claim.

This is very important. Do NOT wait to file. For most work-related injury cases, the claim MUST be filed within one year. That means that if you wait 3 years to file a claim regarding a back injury that you sustained at work, it will most likely be denied.

5. Yes, you can appeal a denial.

Many work-related injury claims get denied the first time around, so don’t be too discouraged. You can always appeal for reconsideration.

6. COVID-19

Most employees are not eligible for compensation simply because they contract Covid. Having said that, in the case that you contract Covid because of your job, you may be eligible for some compensation.

7. Know your rights.

If you feel that you’ve been treated unfairly by your employer, the OWBC, or anyone else related to your claim, know that you can always reach out to a lawyer. Here at the Cochran Firm Cleveland office, we stand by workers. Simply call or go online to book your appointment.

Can I sue my employer for a workplace injury?

As of 2021, Ohio is a no-fault state. This means that it’s fairly easy to receive compensation for a workplace injury, but difficult to sue an employer. Having said that, it’s still possible - especially if an employer had the intention of allowing their employee to get hurt, or otherwise knew it was likely to happen. Always consult with a lawyer regarding your legal options.

Common Questions

FAQ's about workers compensation


We know that filing a claim for workers’ compensation can be a complicated process. That’s why we’ve compiled some answers to common questions below.

Does workers comp cover lost wages?

A temporary disability that prevents you from working may make you eligible for wage replacements. This replacement may only be two-thirds of your actual wages, however, and may not cover the first seven days of your absence. Other wage-related compensation will depend on the result of your claim.

Do you pay tax on workers comp?

Generally speaking, workers' compensation is not taxable, although there are a few exceptions.

What not to do while on workers comp?

It’s best not to fake or mislead your doctor or employer in regard to your injury. Faking that your injury is worse than it actually is can get your claim rejected. It’s also a good idea to stay away from anything that could undermine your claim to compensation. Posting on social media that you’re “ok” or “feeling good” could be examples of this. Aside from this, just make sure to follow your doctor’s medical advice, not only for the sake of your general health but also to keep your claim airtight.

What constitutes a workplace injury?

Generally speaking, a work injury is sustained when doing something on the behalf of your employer. This includes working at your regular job site as well as other “work-related” events such as office parties. It does not, however, include injuries sustained outside of work. Injuries caused by repetitive use or stress might also be considered a “workplace injury”. For example, gradual injury to your back caused by years of intensive labor might be grounds for work comp. The same rule applies to diseases or chronic conditions caused by a workplace.
Is carpal tunnel a workplace injury?

Carpal tunnel is often covered under workers’ compensation, as long as it can be established that the condition was in fact caused by the employee’s job.

What is the most common workplace injury?

According to the National Safety Council, overexertion and bodily reactions are the number one cause of work-related injuries in the US.

Do I need workers comp if I am the only employee?

Generally speaking, sole proprietors in the state of Ohio may not be required to carry workers comp coverage. Having said that, most other businesses that employ at least one worker do need to have some kind of workers comp.

How does workers comp work?

After your claim has been accepted and you have met all of OBWC’s requirements, you can begin receiving compensation. OBWC will typically deliver your compensation in the form of electronically deposited payments. The compensation amount will vary depending on your medical bills, amount of work missed, and other factors. In the case that your claim is denied, you can appeal for a re-evaluation. Please keep in mind that it is always best to consult with a professional such as a lawyer, or the OBWC. It’ll be important to file the correct forms in a timely manner, so don’t dawdle on your claims and keep track of the appropriate paperwork and procedures.

Workers' Comp Attorney in Cleveland

If your claims have been denied, or you have otherwise been wronged in the process of attempting to obtain rightful workers comp, don’t hesitate to reach out to us. The Cochran Firm can help you get the justice you deserve. We’ll evaluate your case, and talk you through your legal options. The Cochran Firm Cleveland office proudly serves the Ohio area.

Still not sure? You’ll also find that our firm is special in that we do not require any upfront legal fees. Instead, our payment comes out of the final settlement, if, and only if there is a recovery. That means less risk to you.
Simply visit our website or give us a call at (216) 333-3333, to set up an appointment.

Autopsy of Arthur Keith shows he was shot in the back

9-year-old Arther Keith of Cleveland, Ohio died in a police shooting on November 13, 2020. Keith was shot by Cleveland Metropolitan Police Authority police officer James Griffiths. 

Autopsy Results

The 8-page autopsy report released in early March revealed that a singular gunshot wound showed that Kieth was shot in the back. The bullet entered at Kieth’s upper left back, continued through the left ribs, punctured the left lungs and heart, and exited through the right side of his body.

The autopsy revealed that Keith had traces of marijuana, nicotine, and oxycodone in his system when he was shot.

Witnesses from the scene say that Keith was running away from the CMHA officer before being shot in the back.

The Cleveland Metropolitan Housing Authority’s Statement

The official CMHA report states that officers were responding to a call about someone brandishing a gun. The narrative also states that Keith pointed a gun at the officers before he was shot.

Camera footage from the officers has yet to be released.

Involvement from The Cochran Firm Cleveland

Stanley Jackson of The Cochran Firm Cleveland has been hired as the Keith family’s attorney for this case. In an interview with Fox 19 News, Jackson said, “We are all committed to making sure that CMHA is held accountable for the life that was taken–wrongfully taken in this community.”

Jackson also stated that the irony of Keith’s death is he met James Griffiths at the King Kennedy Boys & Girls Club. Jackson said, “They met each other before in a program. And so part of the program is for kids to come together and tell and talk and share how they feel they’re being policed in the community.”

An additional tragedy related to Keith’s death is that children from the Boys & Girls Club witnessed the shooting. Many of the children have reported distress and trauma from witnessing the shooting. Some have also reported nightmares.

The investigation is ongoing, but Keith’s family is eager to see justice served.