Do I need a lawyer to file a medical malpractice lawsuit in NJ or PA?

First of all, why would you want to file a medical malpractice lawsuit on your own?! Do I believe that an average, intelligent person can handle their own divorce or file suit in small claims court?  Absolutely.  However, when it comes to medical malpractice lawsuits, I firmly believe that a person must be represented by an experienced trial attorney. Most licensed attorneys won’t even take a medical malpractice case because they are so complicated and risky.  Hospitals have deep pockets and hire only the best lawyers to handle their medical malpractice suits.  These attorneys have exceptional trial skills and comprehensive medical … [Read more...]

Why Does a Trial Lawyer Say "NO" To Most Medical Malpractice Cases?

Finding a lawyer to handle a medical malpractice case is very difficult for many reasons. The first (and most obvious reason) is that many lawyers are not experienced, skilled or talented enough to handle such a complex case up and through trial. However, there are other reasons beyond the ability to find a capable lawyer. Every day we meet with ordinary folks about potential medical malpractice cases. This is not surprising as statistics show that medical negligence kills and harms patients and families at an alarming rate. Many times, the same doctors commit the same error time and time again. As a trial lawyer, I wish I could hold every … [Read more...]

Should Tainted Heparin and Trasylol Victims Be Concerned With The Upcoming Drug Case Before The Supreme Court?

There is no doubt that tainted Heparin victims, Trasylol victims and lawyers alike are concerned with the upcoming decision on Wyeth v. Levine, which is scheduled for a ruling by the Supreme Court this fall. The issue in this case is whether drug companies should be immune from product liability suits concerning dangerous or defective products if they had prior approval from the FDA. Specifically, the appeal filed in Wyeth v. Levine seeks to overturn a $6.8 million judgment awarded to a Vermont woman that lost part of her arm after doctors injected her with a nausea drug. The lawyers for the drug manufacturer claim that the company is not … [Read more...]

How Long Do I Have to File A Medical Malpractice Lawsuit in New Jersey (NJ)?

New Jersey Medical Malpractice Statute of Limitations for Adults Medical malpractice lawsuits are governed by a statute of limitations, or a specific time limit on when you can file a claim. In the case of an adult, a medical malpractice lawsuit in NJ must be filed within two (2) years from the actual date of the incident, or two (2) years from when the patient actually discovers the injury (or should have reasonably discovered the injury). New Jersey Statute of Limitations For Minors and Birth Injury Cases The statue of limitations for medical malpractice in New Jersey involving a minor is also two (2) years. However, the two-year … [Read more...]

Your Opinions on the Recent Trasylol and Heparin Recalls

I wanted to highlight a comment posted by one of our readers over at My Fox Philly regarding our recent post, "Lessons Learned From Vioxx: Why Trasylol and Heparin Victims Must File Suit To Ensure Honest Marketing and Safer Drug Products. I believe this comment reflects most of the feedback that we have gotten concerning the recent drug recalls and the questionable inspection standards of the FDA. The comment is as follows: "I"m not a fan of trial lawyers, but when it comes to the FDA and drug companies, you go for it! Clindamycin is another dangerous antibiotic drug in which the FDA and drug companies know there are serious and potential … [Read more...]

Dennis Quaid Takes on Medical Errors & Baxter Heparin

In addition to facing lawsuits for contaminated heparin, pharmaceutical giant Baxter, is now facing a lawsuit from actor Dennis Quaid after his newborn babies almost died from a fatal heparin overdose. Apparently, a labeling mistake was to blame for a nurse injecting his twins with full-on heparin instead of Baxter's Hep-Lock (which is a weaker form of the blood-thinning drug). And although Baxter changed the confusing labels after they were linked to other mix-ups and the death of three infants, the company did not recall the existing vials that were still being used in maternity wards across the US. Baxter, however, continues to blame … [Read more...]

Chamber of Commerce – True "Blue Blood” Colors

This past week, the Chamber of Commerce tried to kill a proposed New Jersey law that would give employees up to six (6) weeks of paid emergency leave for family emergencies. Under the law, the money for the program would come from employees, not employers. Nevertheless, the Chamber of Commerce opposed the measure because it would create an inconvenience to businesses that may temporarily be without the services of an employee who is home caring for a sick child, spouse or parent. The Chamber's lobbying efforts come as no surprise, as it has a long history of showing little sympathy for workers, consumers, and accident victims and are huge … [Read more...]

Who Is Really To Blame For Contaminated Heparin?

I read an interesting post by a fellow blogger regarding the dangerous Chinese import saga. While I don"t entirely agree with his argument, I think his thoughts are worth re-printing in their entirety: "Ask yourself this question, How important is the health, safety, and well being of my family?" First it is toys from China being recalled because of various safety issues, but more specifically from lead in the paint. Now there is a recall on blood thinner [Heparin] manufactured in China, which is causing deaths in patients. It is obvious in the Chinese quest for money it is willing to put our health and the health of our children at … [Read more...]

What Makes Fish Swim Weirdly And Not Eat? PROZAC IN THE WATER! A NJ & PA Study of Pharmaceutical Drugs in the Drinking Water.

Philadelphia and New Jersey made national headlines last month as scientists questioned whether the vast amount of pharmaceutical drugs found in our water supply could have long term effects on health and wellness. Now, new studies show "abnormal behavior" in human cells and wildlife after exposure to the same prescription drugs that we are consuming on a daily basis. Locally, Philadelphia was found to have 56 different pharmaceutical contaminants (including medicine for pain, epilepsy, heart problems and mental illness), while water supplies in North Jersey were found to have significant amounts of metabolized angina medicine and … [Read more...]

Why New Jersey Should Extend the Time Limits of Its Statutes of Limitations

A statute of limitations is a law that effectively places a time limit on suing another party. While there are some important reasons for having statutes of limitations, there are also some good reasons why these time limits in New Jersey are too short. In New Jersey, the limitations on suits for Personal Injury, Negligence, Wrongful Death and Medical Malpractice are all two years after the discovery of the injury. The date of the discovery of the injury is included in the two year period. While at first two years may seem like a reasonable amount of time for some injuries, it certainly is not for many others. Consider a hypothetical … [Read more...]