Firefighters responded to the emergency call early in the morning of May 29. They found the victim unresponsive lying on her couch, and rushed her to a local hospital. She was later pronounced dead, with the cause of death attributed to smoke inhalation by preliminary autopsy findings. There is no word on how much damage the fire may have done to the property.
]]> National studies have confirmed that dishwashers are among the most likely products to suffer from defects. Many fires are directly caused by faulty wiring or other electrical problems within dishwashers. Defective appliances are a growing threat to the safety of the average American household, as many people are unaware of the potential safety risks.A defective product can be nothing more than a costly annoyance, but as this case shows, the risks can be much greater than that. It is important for New Jersey residents to take extra care in going over a new purchase to ensure everything is in working order. Consumers are entitled to compensation or replacement products if a product is found to be defective, and it may be wise to deal with such an issue ahead of time in order to avoid a senseless tragedy like this one.
Source: ConsumerReports.org, "Defective dishwasher blamed in death of New Jersey woman," Daniel DiClerico, May 31, 2013
]]>For instance, some people have put forward the notion that surgeries and other complicated procedures in which a patient is not conscious could be videotaped for posterity. This idea is supported by a recent study in which it was discovered that gastroenterologists were more thorough in conducting colonoscopies when they were informed colleagues would be reviewing their work. However, the legal implications of such a move are complicated.
]]> While it has been suggested that videotaping procedures would provide critical evidence in medical malpractice cases, some medical professionals fear the existence of such evidence would open them to too much scrutiny from the legal sector. Additionally, the Catch-22 is the so-called "formal review process" such tapes would be required to be a part of. This means that the very existence of these tapes would require stipulations to keep them from being used as evidence in court.Medical malpractice is a very serious allegation, in New Jersey and elsewhere in the nation. Such a claim can sometimes lead to the revocation of medical licenses, which means the health care system will naturally be opposed to introducing safeguards like videotaping procedures. However, with even more health care reform on the horizon, it is possible prevailing attitudes will change. Regardless, patients facing medical procedures are encouraged to do so with a full understanding of their rights and of their legal options should malpractice become an issue.
Source: northjersey.com, "Why not record your operation?" Ford Vox, May 28, 2013
]]>According to state records, the girl's home was visited a total of four times between 2006 and 2008 by the Division of Child Protection and Permanency, and each time evidence was found of abuse. The girl and her two siblings were being raised by their mother and a family friend, both of whom were involved in a religious cult. It is alleged that they beat and starved all three children, culminating in the death of the 8-year-old from what autopsy reports say was a combination of malnutrition and a broken leg. Both adults have been charged with murder.
]]> The state, however, maintains that all proper procedures were followed. Although the girl and her siblings were quoted as saying they were being abused, the state claims to have found no substantial evidence for these claims. However, nine days before the 8-year-old's death, the Division received an anonymous call reporting abuse in the household: a call the plaintiff says was not properly linked to other files and so not followed up.New Jersey residents are understandably horrified by this tragedy, and the story has gained considerable media attention. A claim of wrongful death in the case of a child is especially serious, and the plaintiff's case may well be strong enough to see a verdict passed that may change the way cases like these are handled in the future. Any wrongful death suit must be well-researched in order to improve its chances for success in a court of law.
Source: nj.com, "Negligence lawsuit filed against state in case of 8-year-old Irvington girl found dead," Julia Terruso, May 21, 2013
]]>Many plaintiffs have reported that not only are front-load washers susceptible to molding within the first few months of purchase, the companies that produce them have been unable or unwilling to address the issue. One plaintiff claims she was forced to seek legal counsel after the company who produces her washing machine refused to fix the problem. Quite often companies have fallen back on their written documentation that directs customers to leave washers open after use.
]]> Some plaintiffs have been more successful than others in their attempts to seek compensation. The plaintiff described above was eventually able to settle her case with $1,500 in monetary compensation and a switch to a top-loading washer and dryer. Given this particular plaintiff complained of respiratory ailments related to the accumulated mold, it is fortunate she was able to settle her case. Other plaintiffs have faced considerable challenges attempting to address similar issues.Ultimately, companies are responsible to their customers for providing functional products as advertised, and should be held accountable when a defective product fails to live up to expectations. This is particularly true of scenarios in which the product endangers the health or well-being of a customer. New Jersey residents seeking to file such a claim may benefit by ensuring all information is documented effectively before filing a suit. This can mean the difference between a successful compensation and an unfortunate loss.
Source: NBC Miami, "Some Possible Complaints of Front Load Washers," Trina Robinson, May 11, 2013
]]>Telemedicine is not a new phenomenon: for some time, New Jersey medical facilities have been updating their processes to incorporate the latest technology. For example, many offices now allow patients to make appointments online rather than via telephone, and others have patients sign in via a tablet rather than using wasteful paper filing. Some doctors even conduct "appointments" via online communication rather than in person.
]]> Of course, the ability to get "checked out" from the comfort of your home raises considerable concern regarding medical malpractice. Some experts are convinced that telemedicine will lead to more suits being filed as patients will not receive the same standard of care in a virtual appointment as they would in person, and should telemedicine cross state lines, the issue of how malpractice is handled in the legal sphere is further complicated. The complexities of conducting medical examinations remotely will require, some say, an entire new body of law to deal with the unprecedented nature of these cases.We consistently use technology to improve our quality of life, but when advancements create new and unprecedented potential for legal strife, it is up to New Jersey residents to remain aware of how these laws could affect all of us. Medical malpractice cases tend to be complicated and challenging enough for anyone filing such a claim, and changing standards only add to those challenges. A full understanding of how new technology will influence laws can help you to make the right choices for you and your family in terms of your personal health care.
Source: Asbury Park Press, "The doctor will Skype you now: 'Virtual health care' gaining ground," Carol Gorga Williams, May 6, 2013
]]>Precedent for the change in procedure was found in a 2007 malpractice suit filed by a construction worker who suffered brain damage due to carbon monoxide poisoning. The expert witness called in the case testified that a different treatment may have spared the man his injuries. The judge responsible for this new ruling asserted her testimony should not have been allowed by the trial judge due to a stipulation in the 2004 Patients First Act, which disallows testimony that calls another doctor's methods into question when such testimony is presented by a doctor from a different medical field.
]]> Proponents of this new measure call it fair and justifiable and presume that it will ensure only "meritorious" cases are allowed to proceed. However, critics argue that locating appropriate expert witnesses within this limited scope will make it more difficult, and potentially more expensive, for individuals to pursue malpractice cases. The decision was passed unanimously with a vote of 6-0.Medical malpractice suits can seem challenging to navigate at the best of times, and quite often those pressing charges are not at their best as a result of their injuries. That's why it can be so beneficial to understand the rights and responsibilities associated with filing such a complaint, in New Jersey or elsewhere in the country. Staying up-to-date on rulings like this one can help you better prepare for your day in court.
Source: nj.com, "N.J. Supreme Court toughens rule on experts in medical malpractice cases," Susan K. Livio, April 26, 2013
]]>The National Highway Traffic Safety Administration has been studying the long-term statistics associated with novelty helmet use for some time now, and the results are staggering. Over 800,000 novelty helmets are sold every year; and with motorcycle-related deaths on the rise across the nation, the numbers could suggest a potential correlation. Unfortunately, public opinion still favors an anti-helmet stance, and as a result novelty helmets are often purchased as a form of rebellion against lax helmet laws in some states.
]]> Even more troubling, many novelty helmets are designed to pass inspection as legal and meeting national safety standards for manufacture. Coupled with slick marketing, a less expensive price point and a "cool" look, these helmets are often the preferred headgear of casual riders. Unfortunately, as is the case in too many motorcycle accidents, the proof of a novelty helmet's insufficient protection is often fatal.Marketing a dangerous product as a reliable alternative to proven safety gear is unethical and potentially disastrous in terms of human life. While it is the responsibility of New Jersey motorcyclists to ensure they comply with state laws for safe riding conduct, it is equally important to be well-versed in the actual capabilities of the safety gear being purchased. While novelty helmet companies may eventually be held liable in the event of a fatal accident, it is preferable to avoid the potential for tragedy.
Source: Florida Center for Investigative Reporting, "Booming Sales of Novelty Helmets Boost Motorcycle Deaths," Rick Schmitt, April 22, 2013
]]>About 4,000 former players have joined the litigation, many of them suffering from a variety of neurological disorders, including Alzheimer's disease, depression and dementia. They say the years of concussive hits taken while playing football professionally are at least partially responsible for their current states. Several players have died of drug overdoses after battling pain and depression, while others have committed suicide.
]]> Lawyers representing the NFL argue that player health and well-being is the responsibility of the individual teams and the players themselves. It denies liability for the injuries, claiming it is the team doctor's responsibility to determine whether a player is seriously injured or whether he can keep playing. The federal District Judge in charge of ruling on this case is considering whether the NFL's claim that the claims should be submitted to arbitration rather than the subject of federal litigation.The outcome of this case could have far-reaching implications for NFL teams, in New Jersey and elsewhere. Should the league be found responsible for promoting a culture of violence ahead of ensuring the safety and health of its players, it could face legal repercussions from all players affected by brain injuries, both past and present. The issues under consideration could ultimately impact brain injuries claims at all levels of organized sport.
Source: New Jersey Herald, "Ex-players call NFL brain-injury panel a 'sham'," April 9, 2013
]]>The recalled products reportedly have a "best by" date range between Jan. 1, 2013 and Sept. 29, 2014. Farm Rich distributes products across the United States in retail stores, and according to reports, the contaminated products have been connected to E. coli illness reports in 15 states. So far, 24 individual illnesses are reported. Symptoms of E. coli can include cramping, nausea, vomiting and more. Consumers who are afraid that they may have been exposed to E. coli can contact the company for additional information.
]]> If symptoms of E. coli present themselves, consumers may benefit from seeking medical attention. E. coli can be a serious condition, and consumers may benefit from gaining an understanding of the signs, symptoms and treatment options available. In some cases, E. coli can cause more serious health problems that may require treatment and potentially lengthy recovery times.Anytime New Jersey consumers become ill from a bacterium such as E. coli, they can be affected both physically and financially. Fortunately, there are laws in place to protect consumers after being exposed to a dangerous product. Under New Jersey products liability laws, consumers who suffer financial loss due to a dangerous product may be able to seek compensation for these losses through a civil claim. Successfully litigated civil claims can provide much needed financial support to consumers who have become ill after being exposed to a contaminated product.
Source: Food Safety News, "Farm Rich Frozen Food Recall Expands to More Products," April 4, 2013
]]>Junior Seau, who was a linebacker in the NFL, took his own life at the age of 43. His family has claimed he suffered from depression caused by the brain injuries he received from the multiple concussions sustained during his 20 year career. It wasn't until after his death that it was confirmed he was suffering with CTE, or chronic traumatic encephalopathy.
]]> Not only do the lawsuits ask for monetary payments, they are also asking for the NFL to provide medical treatment for former players. Head trauma has been linked to conditions such as Alzheimer's, dementia and an elevated risk of suicide. Ray Easterling, another former NFL player had joined the litigation, but also took his own before the proceedings started.While the NFL has taken measures to improve player safety, brain injuries will always be a risk in any sport. Families left to care for loved ones with such injuries are frequently left with many hardships to face. They may lose their income while they stay home with their loved one or be faced with hiring a full time nurse or assistant. Compensation for these injuries can help with the financial burdens when evidence documents that they were caused by the negligence of another party. Any New Jersey resident facing this situation may benefit by gaining an understanding of applicable state and federal laws in order to determine what legal steps may be appropriate going forward.
Source: New Jersey Herald, "Seau lawsuits merged with Pa. NFL concussion case," April 2, 2013
]]>The violations are said to have been discovered after a patient contracted Hepatitis after being told there were no risks of contracting the disease. Health inspectors went to the oral surgeon's office and discovered numerous violations, including the use of dirty instruments. Officials also claim that the surgeon and his staff also reused needles.
]]> After the violations were discovered, Oklahoma authorities began their effort to notify patients of the surgeon of their risk of contracting HIV or Hepatitis. However, given that the surgeon was in practice for 36 years, authorities have stated that they are unsure just how many patients may have been exposed, as their records only go back to 2007. It is unclear whether the surgeon will face criminal charges as a result of the investigation.Although it is unclear whether any New Jersey residents may have been exposed to these apparent acts of medical malpractice, the negligence claimed may result in individuals from a large number of states being affected. Given the seriousness of the allegations, the damages suffered by patients could be significant. If a malpractice claim is filed, a successful litigation could allow those harmed to receive the compensation they need to be properly treated, which may go a long ways toward ensuring they resume a healthy and normal lifestyle.
Source: nj.com, "HIV tests urged for 7,000 dental patients after discovery of unclean instruments," March 28, 2013
]]>A woman underwent surgery to replace her hip with an artificial replacement a few years ago. Her own hip was no longer functioning well, and the purpose of the surgery was to improve her quality of life. Instead, she ended up with additional medical problems related to the artificial hip.
]]> Shortly after the original surgery, the woman began to experience significant pain related to her hip replacement. She had physical tests to determine if the hip was working properly, and blood tests documented there was a serious problem. Her blood carried significant levels of heavy metals from corrosion of the implant. There was an adverse reaction in the body tissue near the implant.Since the original surgery, the woman has undergone additional surgeries to correct the problem. In an attempt to hold the New Jersey manufacturer responsible, she has brought a claim against Howmedica for making a defective device. She and others like her who have suffered similar injuries have the option of pursuing products liability claims against manufacturer where evidence suggests negligence in the making and distribution of the product. While it remains to be seen how this litigation will be resolved, those suffering injury caused by defectively made products have recourse under state and federal laws.
Source: Pennsylvania Record, "N.J.-based Howmedica Osteonics faces product liability complaint over defect hip implant device," Jon Campisi, March 20, 2013
]]>The product was sold between 2000 and 2009. It was reported to the company that the play-pen had collapsed on at least 350 occasions. Some of these collapses caused small children to suffer injuries, including one who was reported to have suffered a concussion. However, it was found that Kolkraft did not report these defects until about three months after receiving all 350 of the reports.
]]> As a result of their failure to timely report, they were assessed a $400,000 fine. The company also agreed to change its practices to ensure better compliance in the future. It was not revealed whether any suits are currently pending against the company.If a New Jersey citizen is injured as a result of their use of a product, they may have several options to seek compensation. However, before a claim can be made, it may be important to look into the history of injuries reported to the company and how the company responded to these reports. This investigation may reveal information that could assist the plaintiff in pursuing a claim for monetary damages for the injury they suffered as a result of their purchase of an allegedly defective product.
Source: Consumeraffairs.com, "Kolcraft settles defective play yard charges," James Limbach, March 12, 2013
]]>A woman who claimed that a baby carrier was the cause of her child's death has convinced an out-of-state court that her case should proceed after it was initially dismissed on the defendant's motion for summary judgment. The child died in 2009, and the woman asserts the death resulted from a defective product that the retailer sold to her. The court initially found for the defendants based on the plaintiff's failure to file a response, but the court reversed its own decision after the woman argued that she had in fact filed the proper opposition.
]]>The defendants also sought to have the case removed to federal court. However, a U.S. District Court judge ruled that the case will stay in the Pennsylvania state court system because the defendants had not timely filed their request. It is unclear at this time when the case will proceed to trial or whether any other motions are currently pending.
As has been illustrated in this case, a product liability claim can be fought on many different fronts. As with similar claims advanced in New Jersey courts, the plaintiff will now have the opportunity to present her claims and attempt to prove the defendants culpable. If liability is established to the satisfaction of a civil court, demands for reimbursement of damages sustained will be adjudicated.
Source: The Pennsylvania Record, "In infant death product liability case, federal judge grants remand to Phila. Common Pleas Court," Jon Campisi, March 6, 2013
]]>The woman missed numerous days from work as a result of the pain from which she was suffering. As a result of her regular absence, she was terminated from her position. Johnson and Johnson has stated that they intend to appeal the judgment.
]]> The company began selling the mesh in 2005 but stopped its production in 2012 when numerous lawsuits began to surface. In New Jersey alone, there are 1,800 pending lawsuits. This case is only the second that has been tried. The other trial also resulted in a jury finding for the plaintiff.Product liability cases are not uncommon in New Jersey, as evidenced by the recent litigation involving Johnson and Johnson. Companies can be held accountable for their inability to properly monitor the production and distribution of their products, particularly if an individual suffers injuries due to a defective product being sold to them. Those who have been injured due to a potentially dangerous product would likely benefit from investigating their rights under state and federal law.
Source: philly.com, "A bad day for vaginal mesh implants," David Sell, March 1, 2013
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