Nursing Home Negligence Earns Stepdaughter Large Verdict

nursing home abuse and negligence new jersey attorney — Nursing Home Abuse claimed the life of a 93 year old man, after a horrid accident involving a bed lift.

In 2005, John Donahue was a patient at the Embassy House nursing home, owned by Kindred Nursing Care, in Brockton, Massachusetts. It was there that a negligent nursing home staff member caused an accident that would claim Donahue’s life. The caregiver was using a machine called a Hoyer Lift to lift Donahue from his bed. The machine was to be operated by two people, but this caregiver acted alone. A metal safety hook attached to the lift gouged Donahue’s left eye. The eye was removed, but Donahue died 46 days later, at 93 years of age. His official cause of death was sepsis, which occurs when the immune system overreacts to an infection.

Donahue’s stepdaughter, Marlene Owens, has been fighting for years to hold Embassy House and Kindred Nursing Care accountable for her stepfather’s death. Two weeks ago, a jury awarded Owens $400,000 , agreeing that Donahue’s death was caused by nursing home abuse and negligence at the Embassy House nursing home.
Owens was lucky to have recovered any monies at all, as Donahue signed an arbitration agreement two years prior to his death saying that he could not sue the facility should he die or be injured while a resident. A Massachusetts judge invalidated this arbitration agreement, which allowed litigation to proceed.

Kindred owns over 40 nursing homes in the state of Massachusetts. Embassy House is no longer one of them.

The Mininno Law Office and Nursing Home Abuse

If you or a loved one have suffered due to nursing home negligence or abuse, you’ll need a NJ or PA nursing home abuse attorney to help fight for your rights. Contact the Mininno Law Office for a free case evaluation.
You can also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Our nursing home abuse attorneys will work hard to get you the compensation you deserve.

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 doctor accountable for the mistakes and harm they cause. Unfortunately, that is not possible. The medical malpractice insurance companies, lobbyist and doctors have spent millions of dollars to make ordinary people believe that there is a medical malpractice crisis in this country. Potential jurors see this propaganda every day in the media. Doctor’s offices are plastered with posters threatening to leave the state. These myths portray doctors as the victims of lawsuits. As a result, jurors are less and less likely these days to decide a case against a bad doctor who injures an innocent patient.

As a result, many times I have to meet with families and their loved ones who are victims of medical malpractice and tell them that I can not represent them. These people have cases that are not frivolous, but have true merit. Unfortunately, because it is very difficult to convince a jury to hold a doctor or hospital legally responsible even in clear cut cases, trial lawyers (including myself) are forced to be very selective in the cases they choose to bring.

Remember, a trial lawyer works for free. That is, a trial lawyer does not get paid unless his or her client gets a recovery. Malpractice cases cost on average, between $20,000 to $40,000 in out of pocket expenses. These are resources that the trial lawyer must pay “up front” and without any guarantee of being reimbursed. In addition, a trial lawyer will commit hundreds of hours in time in research, discovery, trial preparation and trial. When out of pocket costs and legal hours are combined, a trial lawyer must be prepared to commit $150,000 to $250,000 per case. More importantly, since there are only so many hours and so many cases a trial lawyer can work, if he commits to one case, he can not commit to others. As a result, the sad fact is that it is getting more difficult for true victims to get justice in the courts.

For further information on medical malpractice lawsuits, click on the links below:

New Jersey Medical Malpractice Attorneys

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 statute of limitations starts on the minor”s eighteenth birthday. If a malpractice lawsuit is not filed by the age of twenty (20), the minor is barred from ever bringing that claim. Similarly, in the case of a New Jersey medical malpractice suit involving a birth injury, a claim must be filed by a minor”s thirteenth birthday.

For further information on Medical Malpractice in New Jersey, click on the following links:

New Jersey Medical Malpractice Attorneys

Baxter Not Expecting ‘Material Litigation’ After Contaminated Heparin Recall

Pharmaceutical giant Baxter announced today that it does not expect any “material” litigation with regards to the contaminated heparin recalls. Although the FDA has received a ton of complaints about death and serious reactions to the drug, Baxter claims that they only know of four possible injuries to date. They also believe it will be difficult to prove a link between the drug and some of the side effects reported by the general public.

I think the report on CNN.com gives a little more insight as to why Baxter is not overly concerned with this issue. CNN reports that:

Despite the high-profile nature of the heparin troubles, the drug is not a major or high profit-margin product for Baxter, which expects a muted financial impact from the recall. On Thursday, when the company reported first-quarter results, it noted $11 million in after-tax charges associated with the heparin recall in the U.S.

All this uproar is just a drop in the bucket to Baxter. No wonder why they are so indifferent to the fact that a drug, which people rely on to prevent clotting, is contaminated with a foreign substance that makes people sick. With this mentality, why in the world would drug companies want to change up the regulation standards when they only experience a “muted financial impact” from a national recall? It”s so much easier to just sell the bad drug, make money and apologize later. And I guess that”s the course of action that they are gonna take on this one too. Very scary.

Free Legal Advice: Medical Malpractice

Heparin Deaths Jump From 19 to 62 According to FDA

The FDA announced this week that 62 deaths have now been linked to the blood-thinning drug, Heparin. This new estimate is almost triple the 19 fatalities reported last month. The drug, which is generally used in patients with heart problems and those undergoing surgery, is believed to be contaminated with man-made oversulfated chondroitin.

This contaminant is said to mimic chondroitin sulfate, which is a naturally occurring substance derived from animal cartilage and used to treat arthritis. While the FDA is still investigating the matter, it appears that the tainted animal cartilage containing oversulfated chondroitin has come from unregulated mom and pop pig farms in China.

I hope people are finally starting to notice a trend here. Chinese manufacturers have been the common denominator in the recent influx of dangerous imports, including contaminated toothpaste, dog food, and lead paint toys. Even more frightening, however, is the fact that the FDA will not completely recall the batches of contaminated Heparin out of fear the hospitals will experience a shortage. Based on that fact, I don’t see this issue going away anytime soon- especially if the FDA continues to allow Chinese manufacturers to operate below the regulation standards imposed in the U.S.

We will continue to post information on the Heparin recalls as they occur, so check back regularly for any new developments.

Mininno Law Office