Product Liability

April 4, 2016

New Technology Could Prevent Retained Sponges During Surgery

Here is the scenario we often see: a patient goes in for a surgery. The surgery is successful but the patient continues to experience pain and other symptoms without any identifiable source. Often the patients are treated as though they are whiners or malingerers. Finally, at some point, the medical providers realize the source of the patient’s pain and problems: a surgical item has been left inside the patient during the surgery. Of course, this necessitates a second surgery with all the attendant risks, more medical bills and more pain and suffering. Think this is a rare occurrence? Think again. Continue reading

March 2, 2016

Jury Hits Johnson & Johnson with $72 Million Dollar Talcum Powder Verdict

by The Law Offices of John Day, P.C.

In a nutshell, here is the case: Jacqueline Fox had used talcum powder for more than 35 years. After she was diagnosed with ovarian cancer, a pathologist found talc in Fox’s ovaries. Experts believe the talc caused inflammation, which led to cancer and Fox’s death. During a recent trial, a St. Louis jury awarded $72 million dollars to Fox’s family. Continue reading

February 1, 2016

Protecting Yourself Against Defective Products

by The Law Offices of John Day, P.C.

Last year was a record year for vehicle recalls. Already this year, Ford has announced a recall of nearly 400,000 Ranger pickups due to faulty airbags. The National Highway Traffic Safety Administration (NHTSA) has just announced a recall of Britax car seats. The Consumer Product Safety Commission issues a new recall virtually every day. As a consumer, how do you know if the products you and your family use are safe? And what do you do if you get hurt by a defective product? Continue reading

January 29, 2016

Xarelto: Convenient But Also Dangerous

by The Law Offices of John Day, P.C.

You may have seen the Xarelto commercials featuring Arnold Palmer, Kevin Nealon, Chris Bosh and Brian Vickers — the ones that tout the convenience of Xarelto. According to the manufacturer, there are two benefits of Xarelto: (1) patients on Xarelto do not have to avoid vitamin K rich foods and (2) patients on Xarelto do not have to undergo frequent blood tests to monitor their INR. Now, if you are a patient on warfarin (Coumadin), the decades-old blood thinner, Xarelto might sound like an attractive option. But, most patients do not know the dangers of Xarelto. Continue reading

January 4, 2016

Need Help with Those New Year’s Resolutions?

by The Law Offices of John Day, P.C.

So, it is January 4^th. How many of your New Year’s resolutions are already busted? If you are like most of us, it is probably at least one. That is the bad news. But, here is the good news: below is a list of 10 easy New Year’s resolutions that are easier than losing 10lbs and will help keep you safe and prepared in 2016. Continue reading

October 26, 2015

Avoidable Liabilities: A Rant

by The Law Offices of John Day, P.C.

I just read an article that suggested tech companies like Google and Apple should rethink entering the automotive market because it is a “different animal” due to the cost associated with building auto plants, building sales and service networks and the “daunting liabilities involved when human lives are at stake.” Retired Vice Chairman of General Motors actually sneers at the notion that “Silicon Valley techies” could do it smarter or better. While admittedly, I do not have much information or expertise on the cost of plants or the network issues, let me rant for a moment, if you will, on the liabilities issue. Continue reading

October 6, 2015

Feel Free To Complain

by The Law Offices of John Day, P.C.

Some people are natural born complainers. Like this one from Middle Class Problems on Twitter: “A pecan from my maple and pecan slice has tragically fallen into my fresh coffee. Worst day ever.” (If you have never checked out Middle Class Problems, you should.) But some of us are loathe to complain. We do not want to be perceived as demanding, obnoxious, whiny, needy, etc. Or, we don’t complain because we think it will not do any good. But from my perspective as a personal injury lawyer, there are times when it is critical to complain. Below are 5 times you should complain freely and without hesitation. Continue reading

August 3, 2015

The Blood Test You Need If You Have A Suspected Brain Injury

by The Law Offices of John Day, P.C.

Each year, more than 1.4 million people will suffer a brain injury from a car accident, fall, assault or some other cause. The brain is incredibly complex and so is the treatment of brain injuries. Primarily, physicians have relied upon CAT scans and physical symptoms such as loss of consciousness, dizziness, nausea, slurred speech, confusion and the like to determine the severity of the brain injury.

But both of those methods have their limitations. For instance, CAT scans can only detect if there is cranial bleeding. They are unable to detect damaged brain cells that are not bleeding. As for the physical symptoms, they may not always be detected or reported. For instance, in a car accident, a person may lose consciousness for a short period of time and regain it before any emergency medical personnel reach the scene. Or with a young infant who has not yet learned to talk, it would be difficult to know if the child was slurring its speech or was dizzy, etc. Continue reading

July 24, 2015

10 Things You Should Know If You Have An IVC Filter

by The Law Offices of John Day, P.C.

Litigation is underway against the manufacturers of IVC filters. In particular, more than 100 cases have been filed against Cook Medical, and more than 400 cases have been filed against C.R. Bard, Inc. If you have an IVC filter, below are 10 things you should know. Continue reading

June 23, 2015

“No one intentionally sold a toxic toy to Mrs. Monje”

by The Law Offices of John Day, P.C.

Well, I would certainly hope not. But that really is not the point. The point is Spin Master manufactured a toy, Aqua Dots, which was tainted with the date rape drug. Children, who tend to put things in their mouth, ingested the drug and became ill. Spin Master failed to tell anyone about reports of children being hospitalized after ingesting the Aqua Dots. When this came to light, the company agreed to pay a $1.3 million dollar fine. And last week, a jury awarded a family $435,000 because their son fell into a coma and continues to have residual problems after ingesting the date rape drug from the Aqua Dot toy. So how does Spin Master defend all of this? Continue reading