money Archives - New Jersey Medical Malpractice Lawyers

Defective Products: Plaintiffs Win Class Action Drywall Lawsuit

A tentative settlement was reached earlier this month in a defective products lawsuit involving Florida homeowners and the supplier of Chinese drywall. The settlement amount is a reported $54.5 million dollars, which is to be used to repair Florida homes. It is estimated that between two and three thousand homes have been infiltrated by this defective drywall. The defective products lawsuit was brought after it was discovered that the drywall contained dangerous toxins that were corroding pipes and electrical wiring and giving off foul odors which led to headaches and breathing problems.

Over a Million Sheets of Drywall Sold in Florida

new jersey philadelphia defective products attorneys banner supply Class Action Drywall Lawsuit A Miami company, Banner Supply, sold 1.4 million sheets of the defective drywall to various builders throughout the state of Florida. Homeowners will now be compensated due to the corrosive material that was used in their homes. This problem, with Chinese drywall, began to grow in the time after Hurricanes Katrina and Rita hit the southern coast. Chinese drywall was imported into the States in large numbers as the call to rebuild homes grew louder.

Following the discovery of the defective nature of the drywall, countless lawsuits were filed against various distributors, manufacturers, and installers, including Banner Supply. Banner Supply believes that they were lied to about the overall quality of the drywall when they purchased the defective products from Knauf Group, a German distributor. Although Banner and their insurers were forced to pay out for this large settlement, it is foreseeable that they will seek damages from the actual manufacturers and distributors that previously handled these defective products. It is not quite clear who is truly at fault for the defective drywall, it could be the Chinese manufacturer, the German distributor, or the American supplier. In any event, it is a great win for Florida plaintiffs who suffered from the defective drywall. This settlement should allow many homeowners to replace the Chinese drywall in an effort to make their homes a safer place.

Defective Products Lawyers in New Jersey and Philadelphia

If you have recently been injured due to a defective product, it is possible that you have some questions. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Reform Strikes in North Carolina

The North Carolina Senate has recently passed a bill that is expected to reform medical malpractice laws. Specifically, the bill will limit the amount of money plaintiffs can be awarded following a civil trial within the state. The legislature’s hope is that with the liability of medical malpractice limited, higher quality doctors and medical personnel will stay within the state. The goals of the Senate also include a hope to lower health care costs because as liability decreases, the cost of medical malpractice insurance will also become lower. Although it is a great advantage for the state to have lower health care costs and more respected medical personnel, this action may also limit the availability of just remedies to those who are hurt by medical malpractice and negligence.

Patient’s Remedies Become Limited

Patients in North Carolina will still be able to recover medical costs and lost income that result from medical malpractice or negligence. However, there will now be a $500,000 cap on the amount juries are able to award for non-economic damages, such as pain and suffering. A safeguard is included for plaintiffs which says that this cap is not relevant when a doctor or health care providers conduct is seen as grossly negligent, fraudulent, intentional, malicious, or reckless disregard for others that results in death, permanent injury, disfigurement, or loss of a part of the body. This exception does not cover incidents when patients are seriously injured by medical malpractice that does not fall into one of these narrow exception categories. North Carolina Senate President Phil Berger stated:

“Our citizens suffer in a lottery-like system that lets trial lawyers win big while doctors flee to states where they can practice without fear of unfair lawsuits. I commend our members for reaching a reasonable compromise.”

What Berger fails to recognize is that the legal system and judges are in place to decide when a lawsuit is unfair. If a judge allows a case to go to trial, why shouldn’t injured patients be allowed to collect damages that a jury of their peers found fitting? Medical malpractice and negligence is the problem, plaintiffs who collect money following extreme pain and suffering is justice. Limiting the amount of money that severely injured people can collect is extremely unfair, especially when much of that suffering comes at the hands of doctors that are paid to be attentive, not negligent.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one has recently undergone a medical procedure but are still in pain which you believe can be attributed to medical malpractice, it is possible that you have some questions. Please contact the Mininno Law Office at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Bed Sore Attorneys – CA Lawsuit Shows Typical Medical Center Conduct

The family of Esperanza Garcia has recently filed a complaint in Los Angeles County Superior Court following her death in October, 2010. Garcia’s daughter, Irene, is seeking general and special money damages as compensation for her mother’s pain and suffering, as well as costs and fees associated with the litigation. The complaint alleges that the Los Angeles Medical Center was reckless in their treatment and care of the ill woman. Esperanza was extremely ill when she entered the medical facility but she did not suffer from any bed sores or pressure ulcers at the time she entered the center. The bed sore attorneys said that once the bed sores began developing on the 64 year old woman, the personnel at the center did not report the severity of the ulcers or properly treat them.

Death Resulted Only One Day Following Removal From the Facility

The medical center should have been on notice that the elderly woman was at significant risk to develop bed sores because of the likelihood of skin breakdown. The center failed to follow any means of prevention in order to limit the possibility of bed sores. Not only did Garcia’s open wounds go untreated, she was also forced to continue to lie on them. Even worse, the woman was left uncared for in her own excrement for extended periods of time as the sores intensified. The bed sore attorneys found that rather than show the proper medical records, center officials deliberately covered up the documented pressure sores and attempted to re characterize them as merely a skin rash. Following this neglect, the family removed Garcia from the medical center but her condition had worsened beyond treatment and she passed away only a day later. Bed sore attorneys believe that this type of neglect and failure to understand the seriousness of bed sores is more prevalent than most would believe.

Bed Sore Attorneys in New Jersey and Philadelphia

If you or a family member has recently suffered from pressure ulcers due to neglect or failed treatment, it is possible that you have some questions for bed sore attorneys. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Medical Malpractice Attorneys: Understanding Damages Due to Negligence

Victims of medical malpractice and negligence should bring a lawsuit as soon as possible because it is very likely that they are entitled to compensation. Medical malpractice attorneys explain that there are many types of potential damages that could be awarded to plaintiffs. Meritorious lawsuits could allow an individual to receive economic and non-economic damages as well as punitive damages, which are generally used to punish an especially egregious action by the defendant. Although people are often entitled to compensation, we worry that many claims fall by the wayside because of specific time limitations in different jurisdictions.

Compensating Plaintiffs for Negligence

Juries frequently award plaintiffs both economic and non-economic compensatory damages. Medical malpractice attorneys explain economic damages as monies awarded to cover financial losses such as medical expenses, care expenses, and lost wages. Economic damages are frequently used to cover both the past and the future. Individuals who, because of negligence, can no longer work are entitled money damages for the time that they have already missed as well as future absence from their job. Medical malpractice attorneys explain non-economic damages as money that has been assessed for the injury itself. The types of recovery for non-economic damages are somewhat endless. Examples of these damages include psychological and physical harm, loss of enjoyment of life, loss of consortium, emotional distress, and many others. Finally, punitive damages are used to “teach the defendant a lesson,” and they are generally utilized in the case of some sort of wanton or reckless conduct.

Avoiding the Statute of Limitations

Following a medical negligence incident, individuals are afforded only a limited time period in which they can bring a lawsuit. Each jurisdiction generally will have a limitations period specified by statute. These limitations periods may vary depending on the type of malpractice and the state in which the negligence took place. Medical malpractice attorneys urge victims to seek legal assistance as soon as possible in order to avoid being left out in the cold without a legal remedy.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently undergone surgery and have been the victim of medical malpractice or negligence, it is possible that you would like to speak with a professional. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys: Possible Negligence Leads to Suicide

Ruth Farrell was a forty one year old librarian from Connecticut who had checked in to a non-profit institution in New Canaan, CT. One week following her arrival, in January 2002, Farrell hanged herself in the Silver Hill Hospital. The hospital has become known for its celebrity clientele, but the estate of the decedent is questioning whether the hospital and her doctor were negligent. Medical malpractice attorneys say that when a physician fails to appreciate the high level of risk of suicide and to plan their treatment accordingly, this negligence is just as significant as more commonly seen cases.

Newspaper Article may have led jurors to unfair prejudice

The lawsuit, filed by the estate of Ms. Farrell, charged the hospital and Dr. Shander with negligence, but a Superior Court jury found that neither was liable for any form of malpractice. Nearly three years later, the appellate court put a halt on the lower court’s ruling because the trial judge should have asked potential jurors if they had read a New York Times Article before the trial began. The article could have potentially swayed the emotions and prejudices of the jurors which could have led to an unfair influence on the verdict.

The article keyed in on David Kervick, who met Farrell when they were both patients, but had since become set to inherit half of Ms. Farrell’s estate (valued at approximately $500,000). The article made some assertions that Kervick strongly denies but which clearly would have been so inflammatory that they would have made it difficult for the jurors to act as impartial fact finders. Whether or not the article did have an unfair influence on the original trial still leaves open the debate of whether the physician and hospital acted in a negligent manner. The only hope is that Ms. Farrell had been treated properly for her extreme situation and that her life did not come to a premature end due to medical malpractice.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently undergone medical treatment but have not been satisfied with the results which you believe may be attributed to negligence, you may want to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys Outraged over Proposed Bill

Medical malpractice attorneys in the state of North Carolina strongly disagree with the current debates within the state legislature.

Legislators in Raleigh, NC are in search of a manageable way to reform the medical malpractice laws within the state. Medical malpractice attorneys, on the other hand, find this to be extremely detrimental to potential victims of negligence whose sole means to recovery comes through the judicial system.

Damage Should not be Limited when a Jury Finds Liability

The legal system uses money damages in many different ways. Compensatory damages are generally used to compensate the plaintiff for any harm that the defendant has caused. Punitive damages are used to set an example and punish a defendant for particularly egregious harm. One particular portion of the legislation in North Carolina that has medical malpractice attorneys “up at arms” is the $500,000 cap on non-economic money damages. This means that damages that go beyond mere lost wages and the cost of medical care that were caused by medical negligence would now be limited. This is a debatable position for the legislature to take because many cases involve specific circumstances in which pain, suffering, loss of consortium (spousal loss of companionship and affection), hedonic damages (loss of life’s pleasure), and many other non-economic losses will far eclipse the proposed cap.

It is hard to say that a child who loses a limb or a mother who loses her voice due to medical malpractice should be limited in their recovery. The legislature defends the current debate because of the unpredictable nature of pain and suffering awards which lead to ever increasing malpractice insurance premiums within the healthcare industry. The debate will surely rage on within the states and in Washington, but medical malpractice attorneys hope that an individuals’ right to bring a lawsuit when they have been harmed is not limited by an overbearing legislative decision.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you have recently undergone medical treatment but something went wrong which you believe is attributable to medical negligence, you probably have some questions. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Our team is dedicated to earning full and fair compensation for victims of medical negligence.

Medical Malpractice Attorneys Prevail in New Jersey Negligence Case

A New Jersey man was awarded $2.8 million in damages last week, following a seven day medical malpractice civil trial. The money damages were awarded for a botched kidney stone removal procedure that led to extreme discomfort, permanent injuries, and additional surgeries. Medical malpractice attorneys say that it is not uncommon that even routine procedures, such as a kidney stone removal, have the potential to lead to serious harm in patients. It is important that patients understand that no surgery comes without risks, but some risks arise from medical negligence and those are unacceptable.

Physician Negligence Results in Long-Term Problems

The plaintiff and his medical malpractice attorneys filed the lawsuit against Steven Orland, the Trenton urologist who handled his procedure. In his lawsuit, the plaintiff pointed out that the procedure resulted in damage to his urethra which was compounded by sub par post-operative treatment.Expert witnesses during trial agreed with the plaintiff, pointing out that the post operative treatment was not acceptable according to standards of medical care.

According to the plaintiff’s attorney, Eric Chizmar, the negligence of Orland led to debilitating scarring, permanent injuries, and numerous surgeries. Said Chizmar,

“My client went in for a simple kidney stone removal surgery. As a result of the negligence of his physician, he has and will suffer mentally and physically for the rest of his life”.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you have recently undergone a surgical procedure and you believe your ongoing pain or illness may be attributed to medical malpractice, no doubt you have questions regarding your legal rights. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Let the medical malpractice attorneys at the Mininno Law Office fight for your right to full and fair compensation.

Medical Malpractice Attorneys Win Verdict for Louisiana Man

Medical malpractice attorneys win a large verdict for a man and his wife after a nurse’s negligence led to his brain injury. The plaintiff, Mr. Ralph LeCroy, went in to Glenwood Regional Medical Center in West Monroe, LA for a simple and routine procedure on his rotator cuff. Following his procedure, Mr. LeCroy received 50 mg of IV Demerol in the recovery room and was later transferred to another room where he was under the care of nurse Sasha Sanders.

During the time LeCroy spent under Sanders’ care, she failed to properly monitor his condition, provide him with proper recovery measures, follow the doctor’s orders, and make a physician aware of the ineffectiveness of medication before providing additional pain relievers. Medical malpractice attorneys fear that although a surgery has been successful, the threat of negligence does not end there.

$126,000 Awarded for Immense Pain, Discomfort, and Increased Medical Bills

Ms. Sanders was ordered to monitor LeCroy’s vital signs and be on the look out for respiratory depression signs every thirty minutes. Her orders required her to administer 50 to 75 mg of Demerol “for severe pain every three hours as needed, or one or two tablets of Vicodin by mouth for moderate pain every three hours as needed”.

A little over two hours after LeCroy received his last 25 mg dose of Demerol in the recovery room, Sanders administered another 50 mg dose of pain medication. LeCroy began to snore loudly, but suddenly stopped after just 10 minutes. He had no pulse or respirations, and CPR and intubation were required. The plaintiff was placed in the intensive care unit on a ventilator and remained in the hospital for five days. Soon after returning home, LeCroy suffered temporary memory loss. Following an EEG and MRI by his primary care physician, it was revealed that LeCroy had suffered an anoxic brain injury. The negligent over-medication cause by his nurse led to extreme pain and suffering.

Medical malpractice attorneys won the plaintiff a total of $126,000; $116,000 to cover pain, suffering, mental anguish, emotional trauma, and increased medical expenses, and $10,000 to Mrs. LeCroy for her loss of consortium.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you have recently undergone a medical procedure and are currently suffering from effects that believe can be attributed tomedical malpractice, it is likely you have many questions. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Let the medical malpractice attorneys at the Mininno Law Office work to earn you full and fair compensation.