Tagged Articles

Negligence 86 articles

Oklahoma jury awards plaintiffs $3 million in Toyota sudden acceleration case

OKLAHOMA CITY, Okla. – Toyota Motor Corp. must pay $3 million to the families of an Oklahoma woman killed and another seriously injured when the 2005 Camry they were riding in suddenly surged out of control and crashed into an embankment, an Oklahoma state court jury decided last week. The verdict came as welcome news to the families of Barbara Schwarz, who was killed in the horrific 2007 crash, and Jean Bookout, the driver, who survived with debilitating injuries. It also represents a significant milestone for hundreds of other plaintiffs with personal-injury and wrongful-death lawsuits against Toyota pending in the ... Read More

Former college players file concussion lawsuit against Ridell, NCAA

Two former University of Oregon football players have proposed a class-action lawsuit against helmet maker Riddell Inc. and the National Collegiate Athletic Association (NCAA) earlier this month, alleging they fraudulently concealed their knowledge of concussion risks from players, thereby exposing them to Alzheimer’s disease and other potentially debilitating brain disorders. The lawsuit was brought by John DuRocher and Darin Harris, both of whom say they were diagnosed with concussions after games. Mr. DuRocher claims that he has suffered frequent and severe headaches since his concussions, while Mr. Harris says that he suffers from memory loss, difficulty focusing, anxiety, and depression ... Read More

Litigation swells in chemical exposure from 2012 bridge collapse, train derailment

Lawsuits alleging personal injury and financial losses continue to mount against Consolidated Rail Corp. (Conrail) and affiliated rail companies after a 2012 bridge failure in Paulson, N.J., sent four tanker cars laden with vinyl chloride into New Jersey’s Mantua Creek, a waterway that feeds into the Delaware River. A group of 27 plaintiffs, including individuals, businesses, and business owners, accuse the Consolidated Rail Corp., CSX Transportation Inc., and Norfolk Southern Railway Co. of negligence in overseeing and maintaining the bridge, which collapsed on Nov. 20. The bridge failure derailed 82 Conrail freight cars and released more than 12,000 gallons of ... Read More

Daughter’s death in building collapse prompts Philadelphia official to file lawsuit

Philadelphia’s city Treasurer and her husband have filed a wrongful death lawsuit against several parties implicated in the June 5 building collapse that killed their daughter and five other people in an adjoining Salvation Army thrift store. According to Law 360, Philadelphia Treasurer Nancy Winkler and her husband John Bryan filed their complaint Tuesday, Sept. 17 in the Philadelphia Court of Common pleas, where STB Investments Corp., the Salvation Army, and others face a number of other wrongful-death and personal-injury lawsuits in connection with the collapse, which additionally injured 13. Anne Bryan, a 24-year-old painting student at the Pennsylvania Academy ... Read More

Family of woman killed on rollercoaster files wrongful death lawsuit against Six Flags

The family of a woman who died after she was thrown off a Six Flags roller coaster in Texas earlier this summer has filed a wrongful death lawsuit against the amusement park, claiming parts of the ride were defective and the company did nothing to address the problems. Rosa Esparza rode the Texas Giant roller coaster at Six Flags Over Texas in Arlington with her daughter and son-in-law July 19. The safety bar that was supposed to keep Ms. Esparza securely in the car failed during the ride, ejecting her from the car. Ms. Esparza, 52, subsequently fell to her ... Read More

Canadian woman files $5 million lawsuit against transvaginal mesh maker

A Canadian woman has filed a $5 million lawsuit against the makers of her transvaginal mesh implant alleging the device caused her debilitating pain and extreme psychological stress. Virginia Corkum of Halifax was implanted with the Gynecare Tension Free Vaginal Tape-Obturator to treat a common condition known as pelvic organ prolapse. The device, also known as a bladder sling, holds up organs that have dropped over time due to childbirth, obesity or age, in order to relive symptoms such as urinary incontinence and general discomfort. Corkum had the device implanted in 2008, and immediately thereafter suffered pain in her pelvis ... Read More

Owners of pharmacy blamed for fungal meningits outbreak received $16 million in payouts last year

The owners of New England Compounding Center (NECC), the specialty pharmacy accused of mixing and distributing contaminated steroid shots that created a multistate fungal meningitis outbreak that has killed dozens of people and sickened hundreds more, received more than $16 million in wages and profits last year. The pharmacy was investigated last fall at the height of the outbreak, and in October all operations ceased. The company filed for Chapter 11 bankruptcy just before the end of 2012. NECC faces hundreds of lawsuits from people or their family members who received the tainted shots. In documents filed in U.S. Bankruptcy ... Read More

Complaints allege Fresenius withheld information about deaths to minimize legal risks, keep market share

Fresenius Medical Care, the world’s largest provider of dialysis services and products, is facing numerous wrongful death lawsuits claiming one of its products caused the deaths of dialysis patients. The company is fighting back, claiming it was not at fault. But sources say top management at Fresenius knew its dialysate product GranuFlo was contributing to serious health problems including deaths in patients but withheld this information in order to maintain the company’s market share as well as to minimize and diffuse its legal risks. Dialysates, such as GranuFlo, are solutions used to clean the blood during hemodialysis. GranuFlo is the ... Read More

Jury awards Illinois worker record $4.16 million for work-related fall injuries

CHICAGO, ILL—A DuPage, Illinois County court awarded a Chicago-area man $4.16 million for serious injuries he received while providing the city of Elmhurst an estimate on fixing a broken garage door spring. Court records state that Joshua Jaeger, 29, went to an Elmhurst Public Works garage in November 2009 to examine the repair needed. A city employee lifted Mr. Jaeger, a garage door serviceman, 16 feet into the air with a forklift. When Mr. Jaeger moved from one side of the platform to the other, the platform gave way, sending Mr. Jaeger crashing to the concrete floor below.  Mr. Jaeger ... Read More

Attorneys investigating cases of cardiac arrest in dialysis patients

It was nearly a year ago when Fresenius Medical Care, the country’s largest operator of dialysis centers, issued an internal memo to its doctors warning them that failure to properly use one of their products appeared to be contributing to a sharp increase in the sudden cardiac death of patients. The memo was meant to clarify dosing instructions for its most widely used dry acid product, GranuFlo, which performs various functions during dialysis treatment. GranuFlo contains an ingredient that the body converts to bicarbonate, an alkaline substance that works to neutralize the acid in the blood. GranuFlow, however, contains more of ... Read More