Personal Injury
We have extensive experience handling personal injury cases of all kinds. If you have been injured, you likely have questions. We know that an injury can quickly turn your life upside down. You are in pain, can’t work, enjoy time with your family, or handle everyday activities. Whether you were hurt in an automobile accident, on dangerous property, by a defective drug or product, by a physician, or at work, we can help explain the legal process to you.
What is Personal Injury?
What is Product Liability?
What is Negligence?
What is an Intentional Tort?
What is Strict or Absolute Liability?
What is Personal Injury?
The modern phrase we’re all familiar with is “personal injury,” but it’s also known as “tort,” the French word for “wrong.” Personal injury, or tort law, is intended to compensate for carelessness, recklessness or intentional misconduct, which causes physical injuries or damage to personal property. The most common types of personal injury claims are:
- Asbestos Poisoning
- Benzene Poisoning
- Lead Paint Poisoning
- Medical Malpractice
- Welding Rod Injuries
- Pharmaceutical Injuries
- Workers’ Compensation
- Defective Products
- Auto Accidents
- Slip and Fall Accidents/Premises Liability
- Assault
There are several theories of liability including:
- Negligence
- Intentional torts
- Strict or absolute liability torts
What is Product Liability?
Product Liability claims may be filed if you are injured by a consumer product, such as an ATV or defective brakes, or a medical device. We will fight for you and your loved ones if you have been defrauded or negatively affected by a product or company. You or a loved one may be entitled to compensation for, among others:
- Past and future medical expenses
- Physical pain and suffering
- Mental distress
- Lost wages or loss of earning capacity
- Punitive damages for gross conduct
We are currently investigating the following cases:
AMO Contact Lens Solution
Bausch and Lomb ReNu Contact Lens Solution
Bronchiolitis Obliterans (Popcorn Lung)
Carbon Monoxide Poisoning
Icy Hot
Kugel Mesh Patch
Medtronic Sprint Fidelis Leads
Smith & Nephew Oxinium Cementless Knee Replacement
SUV and Passenger Van Rollovers
Yamaha Rhino Rollovers
Zimmer Durom Cup Hip Replacement
Q: What is AMO Contact lens solution?
A: Advanced Medical Optics’ (AMO) Complete MoisturePlus contact lens solution is used to clean contact lenses.
Q: Why is it dangerous?
A: Advanced Medical Optic’s (AMO) Complete MoisturePlus contact lens solution may contain Acanthamoeba. Acanthamoeba is a naturally occurring water-borne organism, which can contribute to serious corneal infections. Acanthamoeba is a microorganism commonly found in water, soil, sewage systems, cooling towers, and heating/ventilation/air conditioning (HVAC) systems. Acanthamoeba keratitis (AK) is a rare, but serious, infection of the cornea. Symptoms of AK include: eye pain, eye redness, blurred vision, sensitivity to light, sensation of something in the eye, and excessive tearing. The symptoms, which can last several weeks to months, are not the same for everyone. Early in the infection, the symptoms of AK can be very similar to the symptoms of other more common eye infections but AK may eventually cause severe pain and possible vision loss with some patients requiring a corneal transplant if untreated. AMO voluntarily recalled Complete MoisturePlus contact lens solution in May of 2007.
If you or a loved one has suffered from the use of AMO’s contact lens solutions, please contact us today for a free, no obligation consultation.
Bausch and Lomb ReNu Contact Lens Solution
Q: What is Bausch and Lomb ReNu contact lens solution?
A: ReNu contact lens solution is used to clean contact lenses.
Q: Why is it dangerous?
A: Bausch and Lomb ReNu with MoistureLoc has been linked to Fusarium keratitis, a severe infection of the cornea. In May of 2006, Bausch and Lomb announced a recall of all ReNu with MoistureLoc products worldwide. If you or a loved one has suffered from the use of Bausch and Lomb ReNu contact lens solution, please contact us today for a free, no obligation consultation.
Bronchiolitis Obliterans (Popcorn Lung)
Q: What is Bronchiolitis Obliterans or Popcorn Lung?
A: Bronchiolitis Obliterans or Popcorn Lung is a rare and life-threatening form of non-reversible obstructive lung disease in which the bronchioles (small airway branches) are plugged with granulation tissue.
Q: How is it caused?
A: Popcorn Lung is caused by exposure to Diacetyl, the chemical used in butter flavoring in microwave popcorn and other food products. People affected by the toxicity of this chemical have developed shortness of breath, hardening of the lung tissue, and other serious respiratory symptoms. The damage cannot be reversed by eliminating the exposure to Diacetyl. The most serious cases of popcorn lung are life threatening and require a lung transplant.
If you or a loved one has suffered from Bronchiolitis Obliterans (Popcorn Lung) please, contact us today for a free, no obligation consultation.
Q: What is carbon monoxide poisoning?
A: Carbon monoxide is the leading cause of accidental poisoning deaths in America. This odorless, tasteless, and colorless gas is known as the “Silent Killer.” The Centers for Disease Control estimates that carbon monoxide poisoning claims nearly 500 lives, and causes more than 15,000 visits to hospital emergency departments annually. Carbon monoxide poisoning can cause headache, dizziness, nausea, flu-like symptoms, fatigue, shortness of breath on exertion, impaired judgment, chest pain, confusion, depression, hallucination, agitation, vomiting, abdominal pain, drowsiness, visual changes, fainting, seizure, memory and walking problems, brain damage and death.
Q: What causes carbon monoxide poisoning?
A: Carbon monoxide is a naturally occurring gas so there are many causes of carbon monoxide poisoning. If you have suffered carbon monoxide poisoning due to a defective product such as a lawn mower, gas stove, hot water heater, furnace, fireplace or snow blower, you may have a claim against the manufacturer of that product.
If you or a loved one has suffered from the effects of carbon monoxide poisoning due to a faulty product, please contact us today for a free, no obligation consultation.
Q: What is Icy Hot?
A: Icy Hot is a topical cream used to relieve minor muscle pain.
Q: Why is it dangerous?
A: Chattem, manufacturers of Icy Hot products recalled the following after receiving reports of first, second and third degree burns as well as skin irritation resulting from consumer use or possible misuse of these products:
- Icy Hot Heat Therapy Air Activated Heat- Back
- Icy Hot Heat Therapy Air Activated Heat- Arm, Neck, and Leg
- Icy Hot Heat Therapy Air Activated Heat- Arm, Neck, and Leg single consumer use “samples” included on a limited promotional basis in cartons of 3 oz. Aspercreme Pain Relieving Crème
Single consumer use “samples” of Icy Hot Heat Therapy- Arm, Neck and Leg were included on a limited promotional basis in yellow and red cartons of 3 oz. Aspercreme Pain Relieving Crème. The samples were distinct and stand-alone products, clearly labeled as “Icy Hot Heat Therapy Air Activated Heat,” with their own internal labeling.
If you or a loved on has suffered due to the use of Icy Hot please, contact us today for a free, no obligation consultation.
Q: What is the Kugel Mesh patch?
A: The Kugel Mesh patch, approved by the FDA in 1996, is used to repair ventral (incisional) hernias caused by thinning or stretching of scar tissue that forms after surgery. The patch is placed behind the hernia defect through a small incision. The patch is then held open by a “memory recoil ring” that allows the patch to be folded for insertion and later spring open and lay flat once it is in place.
Q: Why is it dangerous?
A: The memory recoil ring of the Kugel Mesh patch can break after it has been placed in the patient and can cause many serious injuries including: bowel perforations, abdominal wall punctures or tears, adhesions, and/or abnormal connections or fistulae between intestinal organs. Tests of the rings have revealed that the breakage nearly always occurs at the spot where the ring was welded together. Numerous lot numbers have been recalled between 2005 and 2007 .
If you or a loved one has suffered due to the use of the Kugel Mesh patch, please contact us for a free, no obligation consultation.
Q: What is the Medtronic Sprint Fidelis Lead?
A: Sprint Fidelis Leads are specific models of cardiac electrodes (thin wires) that connect an implantable cardioverter-defibrillator (ICD) or cardiac resynchronization therapy defibrillator (CRT-D) directly to the heart. ICDs and CRT-Ds are devices that protect patients when life-threatening heart rhythms occur.
Q: Why is it dangerous?
A: The devices have been recalled because of the potential for electronic wire fractures. This could cause the defibrillator to deliver unnecessary shock or to not operate at all. Some deaths and other serious injuries have been reported in which a fracture in a Sprint Fidelis lead may have been a contributing factor.
If you or a loved one has suffered from a Medtronic Sprint Fidelis Lead, please contact us today for a free, no obligation consultation.
Smith & Nephew Oxinium Cementless Knee Replacement
Q: What is Smith & Nephew Oxinium cementless knee replacement?
A: Smith & Nephew developed the cementless knee replacements known as Oxinium Genesis II and Oxinium Profix II in an effort to reduce the amount of resistance between the new components and existing tissue.
Q: Why is it dangerous?
A: In August of 2003, Smith & Nephew alerted the US Food and Drug Administration of a potential defect and subsequently issued a recall of the design and function of the cementless knee implant because the component’s surgact failed to properly bond to the bone. This failure has caused significant pain and loosening of the replaced knee joint.
If you or a loved one has suffered due to a Smith & Nephew Oxinium cementless knee replacement, please contact us for a free, no obligation consultation.
SUV and Passenger Van Rollovers
Q: Why do SUVs and Passenger Vans Roll Over?
A: SUVs and Passenger vans are more likely than most other vehicles to be involved in rollover accidents and are prone to tipping over during normal driving maneuvers due to their heavier bodies and higher center of gravities. The rollover rate for an SUV is three times greater than the rollover rate of passenger cars and double the one of pickup trucks. Like an SUV, passenger vans are also susceptible to rollovers during routine driving maneuvers, such as sudden swerves. The vans are designed to carry a large number of people and cargo at the same time, which adds to the vehicle’s weight and makes it even more likely to tip over. This outcome is made even more likely when the weight is concentrated in the back of the van where the heaviest luggage is often stored.
Q: Why are they dangerous?
A: Rollover victims are two times as likely to die or suffer serious injuries than motor vehicle collision victims involved in flat crashes. A rollover also increases the chances that a victim will be ejected from the motor vehicle which significantly increases the odds that a victim will sustain a head injury or a spinal cord injury.
If you or a loved one has suffered an SUV or a Passenger Van Rollover, please contact us today for a free no obligation consultation.
Q: What is a Yamaha Rhino?
A: A Yamaha Rhino is an All Terrain Vehicle (ATV).
Q: Why is it dangerous?
A: The Yamaha Rhino ATV is top heavy, and has tires that are extremely narrow. These design defects make it far more likely that the Yamaha Rhino will tip and rollover while going through a turn, even when the vehicle is traveling at a slow speed and is on a flat surface. The Yamaha Rhino is designed in such a way that passengers’ legs are unprotected in the event of a rollover accident. Victims of Yamaha Rhino rollover accidents usually experience broken or crushed legs, ankles or feet. In some cases, victims have been permanently disabled, and have had limbs amputated following a Yamaha Rhino rollover accident. When Yamaha Rhino rollover accidents involve children, the results are often fatal.
If you or a loved one has suffered from a Yamaha Rhino Rollover, please contact us today for a free, no obligation consultation.
Zimmer Durom Cup Hip Replacement
Q: What is the Zimmer Durom Cup Hip Replacement?
A: Approved by the FDA in 2006, the Zimmer Durom Cup Hip is a hip joint replacement used for those suffering from a deteriorating or broken hip joint.
Q: Why is it dangerous?
A: On July 24, 2008, Zimmer, the company who manufactures the Durom Cup Hip, issued a recall. The reports indicate that while performing the Durom Cup Hip Replacement revision surgery that the acetabular component had either loosened from the original position or had migrated. In all likelihood, the Zimmer Durom Cup Hip failure will necessitate a second hip revision surgery. Zimmer Hip Pain after hip replacement surgery may indicate a faulty hip implant, broken hip implant, or defective hip implant.
If you or a loved one has suffered due to a Zimmer hip replacement, please contact us today for a free, no obligation consultation.
The most common liability theory is negligence. Negligence is the failure to use reasonable care to avoid a foreseeable harm to a person, place or thing. An individual will be liable if his or her unreasonable act or failure to act causes an injury, even if the harm is unintentional. Some common negligence claims involve:
- Asbestos Poisoning
- Benzene Poisoning
- Lead Paint Poisoning
- Medical Malpractice
- Welding Rod Injuries
- Pharmaceutical Injuries
- Defective Products
- Slip and Fall accidents/Premises Liability. A person slips, falls and is injured on someone else’s property
- Alcoholic beverage liability. A provider of alcohol, either a social host or bartender, serves too many drinks to an underage or noticeably intoxicated individual who is then involved in an accident that causes injury to a third person
- Motor vehicle accidents caused by reckless or careless driving
Intentional harm is the “malicious” or “intentional” infliction of harm that results in injury. For example, if a person involved in an emotional dispute with you purposely hits you with the intent to hurt you physically, the person must compensate you for your injuries. Many intentional torts are also criminal offenses. For example, an assault can result in both civil charges and criminal charges. Types of intentional torts are:
- Assault
- Battery
- False imprisonment
- Intentional infliction of emotional distress
- Fraud and misrepresentation
- Wrongful death
- Harm to reputation or defamation
- Trespass
- Trespass to chattel or theft of personal property
- Unauthorized contamination of property
What is Strict or Absolute Liability?
Strict or absolute liability means that the defendant is responsible for injuring another person regardless of negligence or intent. Some instances in which the law might apply strict liability are with regard to product liability, abnormally dangerous or ultra-hazardous activities and animal owner’s liability. For example, a plaintiff may be entitled to compensation after a defective product injures him or her regardless of whether the manufacturer was actually negligent. In other words, the plaintiff only has to prove that a product is defective or unreasonably dangerous and that the defect caused the injury. It is not necessary to show that the manufacturer was careless or negligent.
Please contact us if you or a loved one has experience one or more of the above issues.
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