South Carolina Lawyer Blog

Family Awarded $3 Million In Medical Malpractice Death

Tue, 02 Mar 2010 14:33:11 -0600

The Washington Post reports a jury has awarded $3 million to the family of a man who died after being misdiagnosed as having a hiatal hernia.

After barbecuing a steak and taking a bite, a 52-year-old man went to the Inova HealthPlex at Franconia-Springfield, Virginia, on July 6, 2006, with chest pains and complaining of trouble swallowing. After X-rays, EKG, and a CT scan of his chest, the radiologist's notes show he thought the patient was suffering from "a large hiatal hernia."

After being treated with oral medications with no success, the man was taken to Inova Fairfax Hospital where he continued to be treated with oral medications for his severe chest pain. The next day, a surgeon found the man had a perforated esophagus and ordered he be prepared for immediate surgery.

After suffering from the perforated esophagus for over 24 hours, he was severely weakened and went into cardiac arrest as he was being prepped for surgery, suffered irreparable brain damage and died July 17, 2006.

The widow filed a wrongful death lawsuit against the radiologist, the Association of Alexandria Radiologists and Fairfax Anesthesiology. Fairfax Anesthesiology settled out of court for $600,000. Due to a state cap on medical malpractice, the jury award was lowered to $1.25 million.

The Columbia SC Medical Malpractice Lawyers at Louthian Law Firm have many years of experience in medical malpractice cases and we are committed to providing personal service and to obtaining fair compensation for all our clients. Call us at 1-866-410-5656 or fill out our confidential online case evaluation form.

Medical Malpractice

Man Files Malpractice Lawsuit For Undiagnosed Cancer

Fri, 19 Feb 2010 07:48:51 -0600

A West Virginia man is suing Dr. Jonathan M. Zuniga and Kidney Associates for medical malpractice for failing to diagnose his cancer, reports The West Virginia Record.

From September 2002 to January 2008, he visited the clinic at least 20 times seeking medical care and treatment, the newspaper reports. Due to his unresolved medical issues, on February 7, 2008, he saw another physician and was diagnosed with cancer of the bladder, according to the article.

The lawsuit alleges the defendants were negligent because they failed to diagnose the man's cancer, perform tests to determine cancer and fail to notice significant changes in his blood tests. As a result, he claims he has suffered physical and personal damages that would not have occurred if he had been diagnosed earlier.

Cancer Misdiagnosis

Chantix Users Still Have Legal Options

Fri, 12 Feb 2010 07:26:36 -0600

Chantix is an anti-smoking drug made by Pfizer and approved by the FDA on May of 2006. Since that time many users have reported serious side effects such as depression, suicidal thoughts and other psychotic episodes. According to the FDA, blackouts and unconsciousness leading to car accidents have also been linked to Chantix use.

Due to the reported problems from Chantix users, the FDA sought a "Black Box" warning for the drug. This warning is required for any drug that can cause a serious threat of significant or life-threatening side effects.

If you have used Chantix and have suffered some of the dangerous side effects caused by this drug, you have the option to seek justice for your pain and suffering, states a recent press release.

The Louthian Law Firm continues to investigate cases of injuries caused by Chantix and to assist those who have been harmed. If you or a loved one believes you have been harmed by your use of Chantix, contact the Louthian Law Firm today through the firm’s Web site or by telephone at 1-866-410-5656.

Chantix

Parents File Lawsuit After Deadly Connecticut School Bus Accident

Thu, 04 Feb 2010 13:22:24 -0600

The parents of a teenage boy have filed suit against Autumn Transportation following a crash that injured their son and caused emotional turmoil when his friend was killed in the crash, reports the Connecticut News. The parents are suing on behalf of their son according to Connecticut law since the boy is a minor.

The bus went off the highway after it collided with a Volvo station wagon. The suit alleges the bus company allowed a driver who did not have proper training and licensing to drive the school bus, and further claims the company does not adequately supervise or train its drivers. The bus driver's license has since been suspended by the Department of Motor Vehicles.

Also named in the suit are the bus driver and the teen driver of the Volvo for failing to take necessary precautions to avoid an accident.

If you have been in an accident, it’s important to make sure you understand your legal rights. You may be able to recover money for medical bills, lost wages, funeral costs, as well as compensation for wrongful death or permanent disability. Contact the experienced car accident attorneys at the Louthian Law Firm for a free evaluation of your case at 1-866-410-5656 or fill out our confidential online consultation form.

Personal Injury

$1.5 Million Paid In Cell Phone-Caused Vehicle Crash

Fri, 15 Jan 2010 08:39:53 -0600

The Palo Alto Daily News reports the city of Palo Alto will pay $1.5 million to a man injured in a vehicle crash in 2006. The victim alleged a city worker failed to stop for a red light because he was reaching for his cell phone, resulting in a rear-end collision which left the plaintiff with debilitating spinal injuries. The victim had asked for more than $5 million from Palo Alto.

This is the largest payout for the city for a personal injury claim in recent history. The driver of the city vehicle is no longer employed by the city.

Personal Injury

Toyota Recalls 3.8 Million Cars for Acceleration Problem

Thu, 07 Jan 2010 08:01:23 -0600

Toyota has recalled 3.8 million cars, the biggest car recall in their history, for a construction flaw where the floor mat can become lodged under the accelerator pedal, making it impossible to stop the moving vehicle.

Vehicles involved in the recall:

Toyota Camry: 2007 – 2010
Toyota Prius: 2004 – 2009
Toyota Avalon: 2005 – 2010
Toyota Tundra: 2007 – 2010
Lexus ES 350: 2007 – 2010
Lexus IS 250: 2006 – 2010
Lexus IS 350: 2006 – 2010

Toyota spokesmen maintain that when the rubber all weather floor mat, which can be standard or optional depending on the vehicle, becomes wedged on top of the gas pedal it causes the acceleration. National Highway Traffic Safety Administraton (NHTSA) announced that Toyota will also install a brake override system on the involved Camry, Avalon and Lexus ES 350, IS 350 and IS 250 models as an “extra measure of confidence.” The brake override system would ensure the vehicle would stop if both the brake and the accelerator pedals are simultaneously applied.

Some experts disagree with Toyota and believe that the problem is caused by a defective engine throttle control system. In fact, some sudden acceleration cases have been reported when the floor mats were not in place.

Models including the engine throttle control system include:
2000 Toyota Avalon, Toyota Sienna
2001 Lexus RX300, Toyota Avalon, Toyota Highlander, Toyota Sienna
2002 Lexus ES300, Lexus RX300, Toyota Avalon, Toyota Camry, Toyota Sienna, Toyota Highlander, Toyota Solara
2003 Lexus ES300, Lexus RX300, Toyota Avalon, Toyota Camry, Toyota Highlander, Toyota Sienna, Toyota Solara
2004 Toyota Avalon, Toyota Camry, Toyota Solara
2005 Toyota Camry, Toyota Highlander, Toyota RAV4, Toyota Solara
2006 Toyota Camry, Toyota Higlander, Toyota RAV4, Toyota Solara
2007 Toyota Camry, Toyota Highlander, Toyota RAV4, Toyota Solara
2008 Toyota Camry, Toyota RAV4, Toyota Solara,
2009 Toyota Camry, Toyota Corolla, and Toyota Matrix

There have been at least 1,000 incidents of sudden acceleration in Toyota vehicles reported to the NHTSA in the last 8 years. There have been at least 19 deaths and numerous injuries since the 2002 model year.

Parents Awarded $15 Million For Medical Mistakes Resulting In Son's Death

Mon, 21 Dec 2009 10:12:41 -0600

A Suffolk County jury has found two doctors at Children's Hospital Boston caused the death of a 3-year-old boy and must pay his parents $15 million, reports the Boston Globe. This is an unusual amount for a medical malpractice case involving death -- settlements this large are more usual for severely injured patients requiring years of expensive treatment.

The Pennsylvania boy was born with Tetralogy of Fallot, a complex but treatable birth defect which affects the flow of blood through the heart. After several surgeries to try to widen the arteries carrying blood to his heart, the young boy was referred to another doctor who performed a catheterization. Within hours of this surgery the boy suffered a seizure found to be caused by contrast dye used in the surgery leaking into his brain.

During an MRI a tiny piece of metal -- probably from a medical instrument -- was found to be lodged in his brain. When released from the hospital, the boy was unable to walk or speak.

He died in December 2004.

Medical Malpractice Verdict

$89 Million Awarded In Drunk Driving Death

Fri, 04 Dec 2009 16:05:42 -0600

The St. Louis Post-Dispatch reports a jury has awarded $89 million to the family of a 28-year-old man killed in 2008 as a result of a drunk driver.

Dennis Riegel Jr. was killed and his pregnant fiancée was seriously injured as they returned from a shopping trip. She was 13 weeks pregnant at the time of the accident and has since given birth to a daughter.

The 20-year-old driver who hit Riegel's car had a blood alcohol level more than two times the legal limit and was driving on a hardship license after an earlier DWI.

Riegel's fiancée and daughter will probably not be able to recover the award.

Car wrecks are the leading killer of Americans and the leading cause of traumatic brain injuries. If you have been injured or lost a loved one due to an automobile accident, the attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-410-5656.

Automobile Death

Vioxx Dangers Known Prior To Withdrawal From Market , Reports Say

Fri, 04 Dec 2009 15:57:10 -0600

The Palm Beach Post reports the dangers of the once popular drug Vioxx were known years before the drug was withdrawn from the market in 2004.

The dangers included increased risk for heart attack, stroke and death and were known as early as 2000 -- a year after the drug was put on the market, the article states. Merck & Co., manufacturer of the drug, denies the allegations and states the drug was voluntarily withdrawn within a week of receiving data from clinical trials.

However, researchers found 21 trials had been completed which showed the risk for a cardiovascular event was 35 per cent higher for those taking Vioxx compared to those taking a placebo. This percentage grew to 43 percent in 2004 as more trials were competed.

The need for major changes in the existing system for development, approval, promotion and post-market testing of drugs in the United States is highlighted by the findings of this research.

Prescription drugs can have serious side effects. The Louthian Law Firm has pursued prescription drug injury and other personal injury lawsuits in South Carolina since 1959. If you or someone you care about has been injured or killed by an unsafe prescription drug, call us today at 1-800-410-5656 for a free evaluation of your unique case.

Vioxx Article

AstraZeneca Faces Lawsuits Over Drug Seroquel

Wed, 25 Nov 2009 14:22:07 -0600

AstraZeneca, the U.K.’s second-largest drug maker, faces over 14,000 lawsuits claiming its antipsychotic drug Seroquel causes diabetes.

A U.S. District Judge said she will recommend sending all the cases back to their home courts for trial. AstraZeneca wanted the judge to send only 60 cases back to their home courts for trial as test cases in order not to needlessly burden other judges across the country.

The lawsuits allege the London-based company downplayed the diabetes risks of Seroquel. AstraZeneca has spent $623 million to date in legal defense costs defending Seroquel, the company's second largest selling drug after Nexium. The judge also ordered attorneys for both sides to meet with a mediator to seek the possibility for a settlement.

AstraZeneca Faces Lawsuits

Philip Morris Ordered To Pay $300 Million To Former Smoker

Mon, 23 Nov 2009 14:17:32 -0600

The $300 million awarded to an ex-smoker who needs a lung transplant would be the nation's largest award to an individual suing a tobacco company, if the award survives appeal, reports the New York Times.

The award could also encourage thousands of other smokers to file suit in Florida since a supreme court ruling a few years ago made it easier to pursue the suits there than in other states. In 2006, Florida had a legal ruling which lowered the plaintiff's burden of proof against a tobacco company.

The 61-year-old woman was awarded $56 million in compensatory damages and $244 million in punitive damages. She started smoking when she was 20-years-old and quit when she was 45. She now has severe emphysema and needs a lung transplant which she is unable afford.

The jury found the woman 10% responsible for her smoking and her disease and Philip Morris 90% responsible.

If you or someone you care about has been injured by a consumer product, you should speak with the experienced product injury attorneys at Louthian Law Firm as soon as possible. For a free consultation, call us at 1-866-410-5656 or fill out our confidential online case evaluation form.

Tobacco Lawsuit

$6.5 Million Awarded To Boy Injured By Ford Seatbelt

Fri, 20 Nov 2009 08:00:10 -0600

A 14-year-old boy who was left paralyzed below the waist from a 2002 automobile wreck has been awarded $6.5 million by a Memphis jury, reports The Commercial Appeal.

The boy, who was 6 years old at the time of the accident, was in the back seat of his grandfather's 1995 Mercury restrained by an adult seatbelt. The shoulder strap was behind the boy because it did not fit, when his car was struck head-on by the second car. The boy’s father, grandfather and the driver of the other car were all killed in the accident.

Ford Motor Company was found to be 15% liable for the total $43.8 million judgment for an adult seatbelt that was defective and not suitable for a child.

If you have been injured in a vehicle accident, contact the experienced car accident attorneys at the Louthian Law Firm. For a free evaluation of your case call us at 1-866-410-5656 or fill out our confidential online consultation form.

Seatbelt Injury Award

Louisiana Woman Awarded $45,000 In Sexual Harassment Lawsuit

Wed, 18 Nov 2009 14:45:21 -0600

A former Police Department communications supervisor from Zachary has been awarded $45,000 from a federal court jury in her sexual harassment lawsuit against the former Assistant Police Chief.

According to her testimony, the assistant chief asked her to have a relationship with him in December 2005 and again in July 2006. After her second refusal, the man began complaining about her job performance even though he recommended her for a permanent position prior to the second incident.

After both the communications supervisor and the assistant police chief were asked to take a polygraph test, termination proceedings were initiated against the assistant chief.

Sexual harassment is defined as unwelcomed sexual advances in the workplace that affect an employee's ability to do his or her job. If you or someone you care about has been the victim of sexual harassment in the workplace, contact the Louthian Law Firm today at 1-866-410-5656 or online for a free consultation.

Sexual Harassment

Homeless Man Awarded $41,000 In Fraternity Shooting

Mon, 09 Nov 2009 16:29:27 -0600

A homeless man who was shot with a .22 caliber rifle by an Oregon State University fraternity member has been awarded over $6,000 for medical expenses and $35,000 in non-economic damages, totaling over $40,000.

The jury found both the Association of Alpha Beta Chapter of Alpha Gamma Rho (AGR) and a former member responsible for the 2006 shooting. The national organization was not held responsible, according to news reports.

Witnesses testified that the fraternity members were known to shoot BB guns from the fraternity building windows and had talked about shooting homeless people with BB guns. After a search of the fraternity house, police found more than 24 firearms. The guns are allowed according to the AGR guidelines as long as they are securely locked.

The individual found liable in the case testified he was aiming at a dumpster and not the homeless man. After the shooting incident, he was kicked out of the fraternity.

Personal injury law deals with injuries caused by another person, whether by negligent, reckless or intentional acts. If you or a loved one has been injured in South Carolina due to the negligence of another person, the attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-410-5656.

Man Awarded Damages After Shooting Incident

Pfizer To Pay $75 Million To Woman Who Developed Cancer After Taking Prempro

Fri, 06 Nov 2009 16:27:16 -0600

A Philadelphia jury has awarded $75 million in punitive damages to an Illinois woman who developed cancer after taking one of Pfizer's menopause drugs. The punitive award is about 20 times greater than the $3.7 million awarded in actual damages.

More than 6 million women have taken Prempro, a hormone replacement drug used to treat symptoms such as hot flashes, night sweats and mood swings during menopause. A study in 2002 by the Women's Health Initiative suggested women who use hormone replacement drugs are at higher risk for developing breast cancer.

According to news reports, the Illinois woman took Prempro for five years before she developed breast cancer in 2002. Since the lawsuits against Pfizer's Wyeth unit began in 2006, the company has lost five of the eight cases with 33 more scheduled for trial.

In an earlier case, three Nevada women were awarded $99 million in punitive damages, which was later reduced to $35 million and is now being appealed.

Pfizer Held Liable In Prempro Trial