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Nov

30

Thousands Of Workers Electrocuted Every Year - Many Suffer With A Life Altering Personal Injury

Posted by TotalInjury.com Staff Writer | Posted in Personal Injury Insurance Awareness

Hospital burn units treat 2000 patients with work-related electrical burn injuries every year.  Many of these same patients will not be able to go back to their same jobs if the electrical burns caused a disabling personal injury. 

Workers’ compensation may not cover all the lost wages related to a personal injury accident.  It is also common for an employer’s insurance company to offer a personal injury settlement that does not include future medical expenses.

In order to receive reasonable reimbursement for a personal injury, an electrical burn victim may need to hire a personal injury attorney to file a suit against the responsible parties.

Nov

29

Employers May Be Held Responsible For Personal Injury Incidents That Occur At Holiday Parties

Posted by TotalInjury.com Staff Writer | Posted in Your Personal Injury Settlement

Employees tend to relax at company-sponsored holiday parties and some may act inappropriately.  An employee may verbally or physically harass another employee or drive drunk and cause a personal injury automobile accident.  Company owners, managers and supervisors should make sure employees know they are expected to drink alcohol in moderation at the holiday party.

It is up to company executives and supervisors to set the tone for a holiday party and prevent incidents which could lead to a personal injury lawsuit.   The company may be held liable for a personal injury incident involving employees during or even after the holiday party.  Company parties can be alcohol-free or provide transportation arrangements for employees who drink too much to safely drive home after the party.

Nov

28

Border Monitor Mistakes Hunters For Illegal Immigrants And Loses Arizona Personal Injury Suit

Posted by TotalInjury.com Staff Writer | Posted in Personal Injury Cases in the News

Roger Barnett, who is widely considered responsible for the current vigilante border patrol movement, took his role too far when he pointed his AR-15 assault rifle at a group of hunters near his property and threatened to shoot them.  The Mexican American hunters filed and won their personal injury claim citing assault, false imprisonment, negligence and intentional infliction of emotional distress by the Southwest Arizona ranch owner. 

Barnett, who boasts of intercepting more than 10,000 immigrants illegally crossing the Mexican border, still has more Arizona personal injury cases pending against him which were filed by immigrant-rights groups.  The groups are accusing him of unlawfully imprisoning and harassing illegal immigrants who trespass on his ranch. 

Nov

27

Mattel Recalls Polly Pocket Toys To Prevent Any More Personal Injury Accidents

Posted by TotalInjury.com Staff Writer | Posted in Personal Injury Cases in the News

Three children recently suffered intestinal perforations after swallowing multiple magnetic pieces from Polly Pocket toys.  Mattel recalled 4.4 million Polly Pocket sets sold between May 2003 and September 2006 which have tiny magnets that can come loose and cause a fatal personal injury to a child if more than one is swallowed.

Back in March of this year, a similar recall was made by Mega Brands Inc after one child died and three others were seriously injured when they swallowed pieces from magnetic building sets.  Parents and caregivers can find out more information these and other recalls at the U.S. Consumer Product Safety Commission.  The site also provides valuable tips on ways to avoid toy-related personal injury accidents.

Nov

23

$15 Million Oklahoma Personal Injury Award For Product Defect Claim Against Ford

Posted by TotalInjury.com Staff Writer | Posted in Personal Injury Cases in the News

A federal court jury made the Oklahoma personal injury award this week after determining the Ford Explorer’s roof was too weak to withstand the rollover that killed Tyler Moody in 2003.  Ford plans to appeal this personal injury award claiming the accident was caused by Moody’s unsafe driving not a product defect in the Ford Explorer.

Attorneys for Ford in the Oklahoma personal injury case argued that Moody’s reckless driving, not a product defect, caused the death of the 18 year old.  Moody was driving 70 mph around a curve with a speed limit of 35 mph when the Ford Explorer rolled over and the roof collapsed killing Moody.  This Oklahoma personal injury verdict is the fifth largest product defect claim award this year.

The five largest product defect claim awards in 2006 were all against Ford Motor Company.  Ford is still facing several hundred more personal injury suits this year for product defect claims related to Ford Explorer rollovers. 

Nov

22

Metabolife Personal Injury Settlement Includes $56 Million Fund For Ephedra Claims

Posted by TotalInjury.com Staff Writer | Posted in Your Personal Injury Settlement

Brown Rudnick Berlack Israels LLP reached a settlement against Ephedra manufacturer and distributor Metabolife.  The $56 million personal injury settlement will be distributed to non-insured and under-insured tort claimants. 

Metabolife now known as MII Liquidation filed for Chapter 11 bankruptcy in June 2005 after the FDA banned the Ephedra product in 2004.  The personal injury settlement includes a plan to liquidate Metabolife’s creditors as well as settle the numerous worldwide tort claims against the company.

Nov

18

FDA Lifts Ban on Silicone Breast Implants After Years Of Personal Injury Suits

Posted by TotalInjury.com Staff Writer | Posted in Personal Injury Insurance Awareness

After 14 years off the market, silicone breast implants are now available for women aged 22 or older as well as those undergoing reconstructive breast surgery.  The FDA declared silicone-gel implants reasonably safe and effective allowing two California companies to produce and sell the implants.  As a condition of the FDA approval, Allergan Inc. and Mentor Corporation are required to study leaks on women who already have the implants as well begin a new study on 40,000 other women receiving the silicone implants.

The FDA originally placed the ban on the silicone implants in 1992 when huge numbers of women complained that the implants leaked causing severe pain and infection.  In 1995, implant manufacturer Dow Corning was named in 19,000 personal injury lawsuits alleging the implants were defective.  Dow was forced into bankruptcy and later emerged from it after setting up a $2.35 billion fund to settle the personal injury claims.

Approximately 291,000 women received breast implants last year made out of materials other than silicone.  Tens of thousands of women were waiting for the silicone implants to come back on the market.  The women who will receive the newly approved silicone breast implants are required to undergo regular MRI test to check for leaks.  Opponents say the implants are still defective products and should not be on the market. 

Nov

18

Alzheimer Patient’s Family Relieved As Their Delaware Personal Injury Settlement of $13 Million Is Upheld

Posted by TotalInjury.com Staff Writer | Posted in The Personal Injury Courtroom

The Delaware Supreme Court denied an appeal by Beebe Medical Center and its insurance carrier for the compensatory damages in the wrongful death case brought by Julie Bailey’s family.  Julie Bailey, who suffered from Alzheimer’s disease, was released from the Beebe Medical Center in 2003 to the nearby Lewes Convalescent Home and walked directly into a food freezer at the home.  She became trapped and suffered frostbite which led to her death. 

The Delaware personal injury suit originally brought by Ms. Bailey’s family went to court in 2005 to argue for both punitive and compensatory damages.  The medical center took responsibility for the negligence and agreed to $5 million in punitive damages.  Beebe then appealed the compensatory damages to the Supreme court arguing that evidence related to the punitive damages should not have been included in the court’s consideration for the compensatory damages.  The court upheld the $13 million verdict for the compensatory damages and is the largest ever Delaware personal injury settlement for this type of case.

Nov

17

False Arrest Case Ends With 2 Men Receiving $1 Million Ohio Personal Injury Awards

Posted by TotalInjury.com Staff Writer | Posted in Personal Injury Cases in the News

Clifton Oliver and Donald Creigan were 2 of 3 people arrested in connection with the 2002 explosion at Jacob’s Field in Cleveland, Ohio.  An explosive device burned 4 people and shocked many other fans when it went off in the ninth inning.  The two men were held in the Cuyoga County Jail along with the man later found guilty of the crime.

In their Ohio personal injury suit,  Oliver and Creigan alleged that they endured inhumane conditions.  Both men sued the city for malicious prosecution, false arrest and emotional distress.  A jury award each man $1 million to include $400,000 in compensatory damages and $600,000 in punitive damages for the Ohio personal injury claim.

Nov

15

Supermarket Chain Ordered to Pay $18 Million Personal Injury Damages to Clerk for Sexual Harassment

Posted by TotalInjury.com Staff Writer | Posted in Find a Personal Injury Lawyer

A Simi Valley California personal injury court ruled Vons Supermarket must pay James Stevens $16.73 million in punitive damages and $1.672 million for emotional distress and economic loss for the sexual harassment inflicted on him by a female supervisor.  In his personal injury case testimony, Stevens alleged Laura Marko harassed him from 2001 to 2002 and was himself transferred when he complained of the harassment.  Von’s fired Stevens shortly after he filed the complaint and Marko never received any discipline or counseling for her actions.

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