The U.S. Food and Drug Administration (FDA) has issued a recall of automated external defibrillators after learning that they may fail to deliver a shock in the event of an emergency. This recall includes devices that are used by first responders (such as EMS personnel) as well as devices that are used by individuals in the home as well as large public places likes schools and airports. The FDA has recalled the Philips HeartStart FRx AED, the Philips HeartStart HS1 Home AED, and the Philips HeartStart HS1 OnSite AED.
An $11 million verdict has been awarded to the parents of a child born with congenital defects due to an anticonvulsant drug his mother took during pregnancy, Topamax. Stanley Thompson, director of the Philadelphia Court of Common Pleas' Complex Litigation Center, said that out of the 132 Topamax mass tort cases currently underway, Powell v Janssen Pharmaceuticals was the second to render a verdict. The jury in Powel returned an $11 million verdict to Haley Powell and Michael Gurley, the parents of Brayden Gurley, on November 18 in the Philadelphia Court of Common Pleas. The verdict was divided into $335,000 for future health care expenses and $10.6 million for non-economic loss.
A woman entering the Katy Freeway on Saturday while headed in the wrong direction collided with a motorcycle that was exiting the freeway. The motorcyclist was killed in the crash, and the woman was arrested.
This month, a jury directed manufacturer Advance Cast Stone to pay $39 million in damages after a Milwaukee parking garage panel collapsed killing a teenager and severely injuring two others. After a five-week trial, the jury found that Advance Cast Stone intentionally concealed and misrepresented that the concrete panels of the garage had been defectively or deficiently installed. The threat of this danger came to life when an entire 13-ton panel collapsed onto the group of pedestrians.
According to a series of reports from ABC News 8 in Dallas, public records reveal that Yellow Cab may be in violation of a statewide passenger safety requirement that mandates taxi companies carry $750,000 in insurance when transporting Medicaid patients. The state of Texas is now investigating News 8's findings to determine if Yellow Cab is in compliance with insurance standards for a contract that's paid the taxi company nearly $82 million over a four-and-a-half year period. This follows a series of reports, from News 8 that the city of Dallas has given Yellow special treatment for 12 years, allowing the taxi company to operate without sufficient insurance intended to ensure the safety of passengers. The city of Dallas forced Yellow to obtain new insurance coverage after it learned Yellow's existing policy was insufficient.
This week, attorneys for ten former National Hockey League players filed a class-action suit in federal court in Washington, D.C. against the NHL alleging that they have suffered long-term brain injuries attributable to fraud and negligence on the part of the league. This comes months after the announcement of a $765 million settlement in similar concussion litigation against the NFL.
Last week, the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) announced a final rule requiring lap and shoulder seat belts for each passenger and driver seat on new motorcoaches and other large buses. The final rule, which amends Federal Motor Vehicle Safety Standard 208, applies to new over-the-road buses and other types of buses with a gross vehicle weight rating (GVWR) greater than 11,793 kilograms (26,000 pounds), except transit buses and school buses. Beginning in November 2016, newly manufactured buses will be required to be equipped with shoulder and lap belts for each driver and passenger seat.
It is well known that there are often risks involved with medical procedures. Infection and bleeding are two complications that come to mind. But can a complication of a procedure turn into medical malpractice?
According to government data, more than 465,000 spinal fusions were performed in the United States in 2011. Some experts say that a portion of them, perhaps as many as half, were performed without good reason. The government study of Medicare billings showed that financial incentives for doctors may be one of the reasons for a rapid rise in spinal fusion surgery.
According to an article recently published in the Wall Street Journal, diagnostic problems are the leading cause of medical malpractice claims. While mishaps and poor decision-making often results in legal issues for doctors, a large percentile of medical malpractice cases stem from errors that take place long before a patient even enters an operation room.