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Type of action: Wrongful death Injuries alleged: Multiple traumatic injuries, including cervical, thoracic and facial fractures; wrongful death Demand: $1,000,000 Verdict or settlement: Settlement Amount: $900,000 Attorney for plaintiff: Brielle M. Hunt, Richmond Description of case: Plaintiff’s decedent, who was more than 97 years old, suffered a traumatic fall on the defendant’s premises, fracturing her neck, spine and face. She died three…
On December 9, 2020, Phelan Petty’s Brielle Hunt secured a $500,000 settlement on behalf of a woman who suffered permanent hand scarring and pain after alleged negligence by a technician. Case background The plaintiff alleged that a radiology technician negligently administered high-pressure IV contrast into the back of her hand. The contrast extravasated throughout all…
This tragic case involved a two week-old baby who died after his treatment team failed to act on alarming test results. Attorneys Jonathan M. Petty and Brielle Hunt negotiated the case in mediation and secured a $1.4 million settlement on behalf of the baby’s mother. Background of the case A 17-year-old single mother brought her…
Phelan Petty’s Jonathan M. Petty secured a $750,000 settlement for a woman who suffered permanent blindness in her right eye after cataract surgery. Case background The plaintiff, a 53-year-old woman, underwent cataract surgery on her left eye by the defendant ophthalmologist without complication. She experienced no pain or discomfort after the surgery. One week later,…
On September 12, 2022, Phelan Petty’s Brielle Hunt secured a $375,000 settlement for a patient who suffered a fractured femur in a hospital fall. Background of the case The plaintiff presented to the defendant facility complaining of bilateral worsening leg weakness and pain. She was accompanied by her daughter. Her daughter allegedly explained that the…
Everyone who’s traveled in the United States knows that, unfortunately, some highways can be just plain risky. There are a range of factors that influence how hazardous road systems are, but a few of the most common are worn-out infrastructure, congestion, extreme weather, and challenging terrain. One other less common but equally serious factor contributing…
It could take months or years to settle or resolve your Virginia truck accident case. How long it takes depends on your case’s complexity, the severity of your injuries, settlement negotiations with an at-fault party or their insurer, and other factors. By working with Richmond truck accident attorneys, you have a better opportunity to achieve…
Did you know that wearing a seat belt in Virginia in 1987 was a personal choice, and no police officer could stop you for the violation? Today, it’s funny to imagine driving around Richmond or Charlottesville with no belt on, carefree even while passing through a police checkpoint. It took considerable time and a large…
Phelan Petty Injury Lawyers is proud to announce that partner Brielle Hunt has been named to Virginia Lawyers Weekly Influential Women of Law, Class of 2025. The award honors women attorneys and judges for their outstanding work within the justice system, dedication to their communities, and service to the legal profession in the commonwealth. The…
The rideshare giant Uber has filed a lawsuit against several law firms, doctors, and pain management clinics in New York. Uber claims these groups have been faking car accidents to exploit the state’s no-fault insurance system. This means they’re allegedly staging minor crashes or approaching those involved in a minor crash and then having the…
Lawsuits are mounting against Pfizer and other manufacturers of progesterone injection birth control like Depo-Provera. Studies indicating a drastic increase in the risk of meningioma tumors associated with the drug could mean tens of thousands of women will have the opportunity to recover damages for their injuries. The high number of potential claimants led to…
Many — but not all — truck drivers need a commercial driver’s license. Cargo van, semi-truck, and bus drivers are three categories of drivers who may need a CDL. If a truck driver operates a vehicle without a valid license, this individual or their employer is subject to penalties. On top of that, the trucker…
Car seat laws protect infants and children riding in a vehicle by ensuring they are correctly restrained. These seats must be age and size-appropriate to offer maximum protection to a child should an accident occur. States have varying laws about car seats, including when they should be rear-facing, when they need to be switched to…
Virginia is one of a handful of states that recognizes pure contributory negligence. When contributory negligence applies, it can produce extremely harsh results. Contributory negligence is the failure to act as a reasonable person (i.e., the plaintiff) would have acted for his own safety under the circumstances of the case. How is contributory negligence different…
Tabletop and indoor fire pits are advertised as fun, decorative products that create a sense of ambiance. Some of these devices are marketed and sold as indoor “s’mores makers.” A recent recall warns that their use can lead to severe burn injuries. The Consumer Product Safety Commission (CPSC) issued a warning on December 19, 2024,…
Multiple infants at the Henrico Doctors’ Hospital in Henrico County, Virginia, recently suffered unexplained fractures. The shocking discovery led to the temporary closure of the facility’s neonatal care unit (NICU) as the hospital and investigators worked to uncover the cause. When the story aired, one family was horrified to hear that this had happened to…
Phelan Petty Injury Lawyers is excited to be included once again on the annual U.S. News – Best Lawyers® “Best Law Firms” list. This year, we received three Tier 1 rankings for Medical Malpractice Law – Plaintiffs, Personal Injury Litigation – Plaintiffs, and Mass Tort / Class Action – Plaintiffs. Before a firm can be…
At the recent Delaware State Fair, fair-goers were able to learn what it is like to sit in the driver’s seat of a commercial truck. People could sit in the truck and see a big rig’s blind spots from the truck driver’s perspective. All of this was to help educate people on avoiding accidents with…
When you file a personal injury claim, the judge or jury may award compensation to help you recover your losses from the accident. However, in some cases, the judge or jury may also award additional compensation not necessarily to help you pay for your losses but to punish the defendant for their reckless or malicious…
When you become injured due to another person’s negligence, you may feel lost and confused about your legal options. This is because you likely have a lot on your plate, trying to determine how you will pay your bills and cover your expenses while also being out of work and healing and recovering. However, it…
If you have been involved in a motor vehicle accident and want to file a claim to hold the other driver accountable, you need to know whether Virginia is an at-fault or no-fault state. Determining this is important because it can change how you hold the negligent driver accountable and receive compensation for your injuries…
Once you agree to a settlement for your personal injury claim or lawsuit, you should receive your settlement check in the next few weeks. The reason for this is because the defendant’s insurance company is required to pay you in a prompt manner. If they ignore you, do not keep you updated, or delay your…
The FDA recently announced a Class I recall of Inari Medical’s ClotTriever XL catheter after reports linked it to six deaths and four injuries. Because of the serious potential complications with the device, patients and providers who use the ClotTriever XL should review the potential risks and new instructions that the FDA released. Those who…
The entire team at Phelan Petty congratulates partners Jonathan Petty and Michael G. Phelan on being selected for inclusion in the 31st edition of Best Lawyers in America®! Jonathan was also named Lawyer of the Year, Medical Malpractice Law – Plaintiffs (Richmond) for the third time. Best Lawyers® compiles annual lists of attorneys across the country who have been…
Interstate 95, also known as I-95, stretches from Florida all the way to Maine. Here in Richmond, I-95 serves as an important artery, connecting the city to major economic hubs and facilitating the flow of goods and people. However, the sheer volume of traffic, coupled with the presence of large commercial trucks, can transform I-95…
After a commercial truck accident in Richmond, you may find yourself overwhelmed by the immediate challenges. Between the shock of the collision, potential injuries, and dealing with insurance companies, it is easy to overlook important details. However, thorough documentation of your injuries is essential for building a strong case and maximizing your compensation. Here is…
The sudden loss of a loved one is devastating. But when that loss is caused by a preventable truck accident, the grief can be compounded by anger and injustice. If you have lost a spouse, child, parent, or other close family member in a truck accident caused by negligence, you might be eligible to file…
The aftermath of a truck accident can be overwhelming. Between the shock of the collision, the potential for serious injuries, and the hassles of dealing with insurance companies, it is easy to make mistakes that can jeopardize your ability to recover compensation. Today, we will explore some of the most common mistakes truck accident victims…
Commercial truck accidents can be devastating events. The sheer size and weight of a truck compared to a passenger car creates a significant imbalance in any crash. If you’ve been injured in a truck accident in Virginia, the road to recovery can be long and difficult, both physically and emotionally. While the fight for compensation…
Sharing the road with massive commercial trucks is a reality for all drivers. While these huge vehicles deliver essential goods across Virginia and the rest of the country, their immense size and weight also introduce significant safety concerns. One major risk often underestimated is trailer sway, a seemingly unimportant movement that can escalate into catastrophic…
The short answer is: Yes. You can sue a trucking company even when the truck never actually touched you or your vehicle. All drivers must prioritize roadway safety. This is especially true for truck drivers, who are in control of up to 80,000 pounds of metal and cargo hurtling up and down Virginia’s highways at…
Commercial trucks are vital to Virginia’s economy, transporting goods across vast distances. However, their immense size and weight also pose a significant safety threat on the road. While driver training and safety regulations are important, a new technology is emerging that holds the potential to revolutionize commercial truck safety: Artificial Intelligence (AI). Can AI truly…
Medical malpractice is complex and highly challenging to prove. Yet, 2023 was a record year for eye-popping medical malpractice verdicts in the U.S. According to Medscape, juries awarded $10 million or more in 57 medical malpractice lawsuits in 2023, and over half of those reached $25 million or more. Here are some examples: In December…
Truck accidents are some of the most worst motor vehicle collisions on the road. Due to the sheer size and weight of commercial trucks, even seemingly minor accidents can result in catastrophic injuries for occupants of other vehicles. One of the most concerning and complex injuries sustained in truck accidents is a traumatic brain injury…
The aftermath of a truck accident can be devastating. These types of accidents often result in severe injuries and significant emotional trauma. If you’ve been injured in a truck accident caused by someone else’s negligence, you may be entitled to compensation for your losses. Understanding the types of damages recoverable in a truck accident claim…
Several states across America do not allow drivers to pass on the right. The reason for this is because passing on the right increases your chances of being in an accident as you might be in the blind spot of the vehicle next to you. That is why most drivers use the left lane, or…
The Consumer Product Safety Commission (CPSC) has issued a warning about OmvedTherapies Baby Pillows, which are in violation of the federal ban. These pillows pose a suffocation risk for infants. The manufacturer, Omved Lifestyle Pvt. Ltd., of India, has refused to recall the products, which means they are still being sold. Per the CPSC release:…
When drivers follow the vehicle in front of them too closely, it’s called tailgating. Tailgating is actually a leading cause for rear-end accidents across Richmond. It not only causes the driver in front of you to feel more stressed, but it can also cause you to slam into their vehicle by making one simple error,…
Car and truck accidents can cause severe and life-threatening injuries. However, most of the time, we only think of visible injuries, such as broken and fractured bones, scarring and disfigurement, and more. One of the most serious but often less talked about injuries is shock, which is a serious type of condition that can potentially…
According to the Virginia Department of Motor Vehicles (DMV), yes, you can legally turn right when a traffic light is red as long as there are no signs prohibiting it. However, before you can make a right turn on red, you must completely stop and ensure that there are no pedestrians or vehicles approaching. You…
Jool Baby has issued a recall notice through the Consumer Product Safety Commission for its Nova Baby Infant Swings, claiming the swings pose a suffocation risk, and fail to meet federal safety violations. According to CBS News, these dangerous products went into production a full month after The Safe Sleep for Babies Act was signed…
While the black box in a truck (the electronic control module or ECM) is important for understanding what happened in an accident, it’s not the only thing lawyers consider. While the black box provides data about the truck’s performance, like its speed and brakes, to prove who’s responsible for the accident, other factors need to…
When you’re dealing with the aftermath of a truck accident, understanding how truck insurance works is vital to obtain the compensation you deserve. Insurance policies, including the truck driver’s personal insurance and the trucking company’s commercial liability coverage, determine where the money comes from to cover your medical bills, vehicle repairs, and other losses from…
Navigating life after a truck accident can be an overwhelming experience that leaves individuals grappling with physical injuries and emotional distress. The aftermath of such a traumatic event can have profound effects on one’s mental well-being, manifesting as anxiety, depression, or even post-traumatic stress disorder (PTSD). What many may not realize is that emotional distress…
When you’re in a truck accident, whether the truck has safety technology or not can impact a lawsuit. These high-tech safety features, like systems that help avoid collisions or warn if the truck leaves its lane, play a huge role in deciding who’s liable for the accident. These technologies leave behind electronic data that acts…
Truck accidents are unpredictable, and can strike on a bustling highway or the small roads in downtown Richmond. When these collisions occur, they leave victims grappling with the aftermath of serious injuries and entangle them in the intricacies of a legal process that can be as complex as the highways themselves. Navigating through the aftermath…
It is very common to see semi-trucks driving through and around Richmond to deliver products and goods to various facilities and businesses. While these large vehicles are vital to the economy, they can be dangerous for drivers who pass them and do not pay close attention or use necessary caution. When a small automobile collides…
If you have been injured in a truck accident, you and your attorney may decide that the best legal option is for you to take your case to trial. After reaching this decision, you are most likely thinking about going before the judge to present your side of the story. While this is something that…
If you have recently been involved in a truck accident and are unsure of whether you have a case or not, it is crucial that you call a lawyer right away. A Richmond truck accident attorney will take the time to listen to your experience, thoroughly look over the facts and circumstances of your accident,…
Over the past several years, many individuals across the United States had new Profemur artificial hips put in. While they thought that they would be able to gain some of their quality of life back with these artificial hips, the devices broke within a few short years. As a result, some of these patients found…
Trucking companies are once again trying to get out of being held accountable for something that they can and should be doing. The reason that trucking companies are trying to do this is because they do not want to be considered responsible when their vehicles or drivers cause catastrophic accidents or damage. Instead, their goal…
We’ve all seen “How’s my driving” signs on the back of trucks encouraging other motorists to report unsafe driving behaviors, but most people don’t take the company up on the invitation. Instead, they do their best to stay away from the truck, and once they’re out of harm’s way, don’t give the incident much more…
When cars, SUVs, and other relatively smaller vehicles collide, their bumpers and crumple zones typically absorb some of the impact. However, when semi-trucks and cars crash, the car’s hood can fit under the truck, and unfortunately, the passenger compartment is the first thing to hit the truck. These types of collisions are commonly referred to as…
Seat belts are essential safety devices that can significantly reduce the risk of serious harm or fatalities in motor vehicle accidents. However, they can also cause serious injuries, particularly when the collision forces are significant. Although a well-designed seat belt that is properly worn will prevent the occupants of a car from being flung violently…
Truck accidents tend to cause not only extreme damage to your vehicle and property, but also they often cause catastrophic injuries or even fatalities. These injuries usually prevent survivors from working, which increases the financial burdens. While there’s no set answer to how much a truck accident case is worth, successful claims and cases typically…
Oversized trucks can indeed pose greater dangers on the road compared to standard-sized vehicles. While there are specific regulations in place to govern these trucks’ operation, their sheer size and weight can still present significant hazards. Typical semi-trucks are already large and heavy enough, but when they are oversized, then the damage they can do…
Phelan Petty Injury Lawyers is proud to announce the firm is once again selected for inclusion in the annual U.S. News – Best Lawyers® “Best Law Firms” list. This year, the firm received two Tier 1 rankings, for Medical Malpractice Law – Plaintiffs and Personal Injury Litigation – Plaintiffs. Only law firms with at least one attorney…
Car accidents are common enough that almost every personal injury attorney takes them, but let’s say that you are in a collision with a truck. You might think a vehicle is a vehicle, and the claims process is the same for all types of vehicles, but that is not the case. Truck accident claims are…
If you have ever filed a claim for an accident or an issue with your home, then you likely understand that it can take some time to reach a resolution. When you are injured in a truck accident, and you want to file a lawsuit, it may take even longer to reach an acceptable outcome.…
Semi-trucks, with their massive size and weight, are already formidable presences on the road, commanding attention, respect, and sometimes fear from fellow motorists. However, the dangers associated with these trucks can escalate when they are in a state known as “deadheading” or “bobtailing.” These terms refer to specific situations where a semi-truck operates without a…
When a party sustains injury in an accident involving a commercial truck, their first thought might be to file a personal injury lawsuit against the truck driver. However, experienced truck accident attorneys will also consider whether the trucking company might be held responsible under the legal doctrine of negligent hiring, which applies whether or not…
Although Richmond is not the largest city in Virginia, it has its share of heavy traffic, congestion, and motor vehicle accidents. Here is a sampling of accidents that have recently occurred on Interstate 95 in Richmond: A Richmond truck driver was killed on August 24 when he ran off the road and struck a tractor-trailer…
Pedestrians in Richmond have the opportunity to get exercise, save money on gas and car repairs. However, walking can also mean risking their lives. In 2022, Richmond had the highest-ever number of pedestrians hit by cars over the past 14 years. According to the city’s VisionZero dashboard, between January and May of 2023, four people…
Car accidents take on numerous forms – fender benders, head-on collisions, multi-car pile-ups – but many are not aware of the danger of “thermal incidents.” Hyundai and Kia recently recalled approximately 90,000 vehicles in the U.S. and are advising owners to park them outside away from other vehicles and structures due to an issue with…
When considering the life-saving potential of organ donations, it is essential for individuals to approach the process with caution and an informed mindset. While organ transplantation has revolutionized medical treatment, cases of medical malpractice surrounding organ donations underscore the importance of vigilance and thorough evaluation. By understanding the potential risks and taking necessary precautions, individuals…
When faced with a legal dispute, such as a personal injury claim, one of the crucial decisions to make is whether to pursue a settlement or proceed to trial. This choice carries significant implications for the outcome of the case and the rights of the parties involved. Seeking the guidance of an experienced attorney is…
When you pursue a personal injury case, you can seek compensation to address various types of losses. This includes reimbursement for actual economic damages, such as medical expenses and lost wages resulting from missed work. Additionally, you may be entitled to compensation for the intangible impact of pain and suffering. Understanding the concept of pain…
Please join us in congratulating partners Jonathan Petty and Michael G. Phelan for being selected for inclusion in the 30th edition of Best Lawyers in America®! Best Lawyers® compiles an annual list of attorneys across the country who have been recognized by their peers as outstanding in their work. You cannot purchase a place on the list, and…
When individuals are injured in accidents, they may feel overwhelmed and uncertain about their legal options. In addition, the financial burden of medical expenses and repair bills can add to their distress. Fortunately, pursuing a personal injury lawsuit can provide a means to recover these costs if another party is at fault for the accident.…
Football, a popular and beloved sport, carries inherent risks that extend beyond the immediate concern of traumatic brain injuries. While the focus on concussions and their long-term effects has gained significant attention in recent years, there is growing awareness of another potential danger: Repetitive Subconcussive Hits. These are repetitive blows to the head that do…
When you successfully pursue a personal injury claim and receive a settlement, it is only fair that you retain the full amount to help rebuild your life and cover the damages you have suffered. After all, the purpose of compensation is to alleviate the financial burdens resulting from someone else’s negligence or intentional wrongdoing. But…
When seeking compensation for losses resulting from someone else’s negligence, many victims opt for a settlement instead of pursuing a trial. Settlements are often preferred due to their perceived advantages, including lower risk, quicker resolution, and cost-effectiveness. In a settlement, the responsible party agrees to pay an amount that addresses the damages suffered by the…
Imagine the streets of Richmond during rush hour. You are driving along, fully focused on the road ahead, when suddenly another vehicle runs a red light and crashes into your car. The impact is jarring, and within seconds, you feel a sharp pain radiating from your neck and shoulder. The shock and confusion set in…
Drowsy truck driving presents significant dangers to other vehicles sharing the road. The operation of large commercial trucks requires utmost attention, focus, and alertness to ensure the safety of everyone on the road. However, when truck drivers are fatigued and experience drowsiness, the risk of accidents dramatically increases. Drowsiness can impair cognitive abilities, slow reaction…
Truck accidents can be challenging and overwhelming. The chances are good that you or someone you love has sustained serious injuries, and you may not know what to do next. If you have been involved in a truck accident, there are several important steps you should take to protect your well-being and ensure the best…
Large trucks are generally more likely to roll over than passenger cars because they are more susceptible to external factors like wind, centrifugal forces, road hazards, and crashes with other vehicles. A truck rollover accident occurs when a truck flips over and lands on its roof or side. Many drivers and passengers die in truck…
Trucking industry insiders are charging that some ELD vendors are manipulating weaknesses in the Federal Motor Carrier Safety Administration’s technical requirements to allow trucking companies and drivers to use “ghost co-drivers” to avoid hours-of-service (HOS) rules. Recently, a driver utilizing ELD Rider software recorded a ghost co-driver being added to his device 15-20 minutes after…
There is a crash risk associated with various drugs and substances, including alcohol, and their use continues to be prevalent among some drivers. The National Transportation Safety Board’s Safety Research Report released in December 2022 identified the following safety issues related to alcohol and drug use among drivers: Accepted countermeasures for driving while impaired by…
Post-traumatic stress disorder (PTSD) is a serious mental health condition that can affect individuals who have experienced or witnessed a traumatic event, such as a motor vehicle accident. According to the American Psychological Association, PTSD can develop after exposure to actual or threatened death, serious injury, or violence. Truck accidents can certainly fit this description,…
Truck accidents can be devastating, and in Virginia, they occur more frequently than one might think. The Virginia Department of Motor Vehicles (DMV) releases annual reports outlining the statistics of truck accidents in the state. These reports provide valuable insights into the frequency and causes of these accidents, the severity of the resulting injuries, and…
Most people have seen a tractor-trailer spread across several lanes of traffic due to a jackknife. There are multiple dangers when this type of accident happens. Traffic in each direction can be backed up for hours while the police and others help anyone who is injured or killed at the site. The driver can be…
Trucks tend to cause more multi-vehicle accidents than cars. Trucks are longer, wider, and taller than passenger cars. Trucks can strike multiple vehicles at one time. Smaller vehicles have a harder time navigating away from large trucks. Many truck accidents involve a primary accident involving just the truck or a truck and one other vehicle,…
Truck driving is a difficult job. The hours are long. During the time a driver is behind the wheel, the driver has little contact with other people. When drivers are off-duty, there’s no family around to keep a driver happy or occupied. Driving a truck is a physically demanding job. Drivers can be on the…
Truck accidents usually cause more catastrophic injuries, permanent injuries, and severe injuries than cars due to their dimensions and weight. Cars, motorcycles, and pedestrians are simply no match for the force of a truck in the event of a collision. While some truck accidents are the fault of truck drivers, the fleets and trucking companies…
A report from the Virginia Department of Motor Vehicles (DMV) reveals an increase in deadly crashes involving commercial trucks and passenger vehicles over the past year – even though overall crash fatalities have decreased. In fact, Hampton Roads in particular saw a staggering 75% increase in fatal truck crashes in 2022 as compared to 2021.…
The Federal Motor Carrier Safety Administration (FMCSA) plans to unveil its final proposal on speed limiters and commercial trucks sometime later this year. Currently, speed limiters (which work like they sound – they restrict a vehicle from going above a certain speed) are not required in the United States. However, the FMCSA plans to make this…
An article in Transport Topics, a freight industry publication, recently caught our attention. The article discussed a new product by tech company Idelic designed to help commercial truck fleets negotiate lower insurance rates. It does this by leveraging its current trucking safety software’s data and using it to produce reports that notify fleet supervisors about…
A recent article in CNN calls attention to a pair of elite athletes who never met, but who had a lot in common – Catlin, a champion US cyclist, and Ellie, an up-and-coming British snowboarder. Catlin was 23 and Ellie was 18, both were young women, and both suffered serious head injuries during their short…
Earlier this month, a multi-car crash involving three vehicles occurred near the A.P. Hill state in Richmond’s Northside. Fortunately, no significant injuries were attributed to the accident, but unfortunately, this is not often the case with multi-vehicle accidents. A multi-car accident (sometimes called a pile-up) is a collision involving several vehicles. Multi-vehicle accidents are particularly…
If you use electronic devices such as electronic cigarettes, vaporizers, smartphones, laptops, or other mobile device, then you most likely use lithium-ion batteries. These batteries are usually the power source for these types of devices. The key to whether any of these devices operate safely is whether the battery overheats. Can vapes explode? In recent…
Truck accidents are often devastating. Since a semi-truck pulling an empty trailer weighs approximately 35,000 pounds and up to 80,000 pounds when loaded, the sheer size and weight of a commercial truck puts the occupants of smaller vehicles at serious risk for injury in the event of a collision. Commercial truck companies must comply with…
Patients in Richmond have a right to trust that if they need to go to their nearest emergency room, the ER doctors will make the correct diagnosis and provide appropriate treatment. A misdiagnosis can cause a patient to suffer until the accurate diagnosis is made. A misdiagnosis can also mean that opportunity for necessary treatment…
Heading into cold weather season, fire danger typically increases, sometimes in unexpected ways, including the lithium-ion batteries used to power micromobility devices. Earlier this month, at least 38 people were injured, some of them critically, in a Manhattan, NYC high-rise apartment building fire that started when a lithium-ion battery powering a micromobility device self-combusted. According…
A passenger injured in an automobile accident will rarely be considered at fault for a collision, even if they caused a distraction, because they were not driving the vehicle when the crash occurred. However, one or both drivers may be held liable, including the operator of a vehicle carrying the passenger. Drivers owe their passengers…
In this age of speed, maximum efficiency, and a desire for high quality, few kitchen tools are more suited to home cooks than the modern electric pressure cooker. Early pressure cookers from the 1950s featured a single, weighted “jiggler” valve to regulate and release pressure and emitted a rattling noise while steam escaped. Unfortunately, this…
Car accidents are a leading cause of serious injury. Pelvic trauma in particular can be life-altering, if not life-threatening, depending on the exact nature of the injury. While most people think of the pelvis as synonymous with hips, it is really “a basin-shaped structure that supports the spinal column and protects the abdominal organs.” Contained…
Phelan Petty is proud to announce that that the firm was once again selected for inclusion in the annual U.S. News – Best Lawyers® “Best Law Firms” list. This year, the firm received two Tier 1 rankings, for Medical Malpractice Law – Plaintiffs and Personal Injury Litigation – Plaintiffs. Only law firms with at least…
Much discussion in the health care and elder care industry lately revolves around the subject of nursing homes, private equity companies, and Medicare. More specifically, this talk involves the relationship between private equity companies potentially taking advantage of Medicare in order to turn a bigger profit after acquiring a nursing home. Although this is only…
The stated goal of nursing home and long-term care facilities is to provide attentive care for our senior loved ones and provide them a comfortable place to live in their elder years. Many nursing homes have wonderful reputation for providing this expert care. However, in recent years, as more and more private equity companies acquire…
A recent report from the National Highway Traffic Safety Administration (NHTSA) reveals a substantial increase in traffic fatalities here in Virginia, compared to the same period in 2021. The entire nation is experiencing these troubling statistics – an upward trend in motor vehicle accident deaths that began during the pandemic and continues through 2022. Axios…
Whether you own a car or a home, there is one constant – insurance companies. The reason why you pay for your insurance policy is for the event of an emergency; at least that’s what the agents will tell you. However, what they don’t tell you is that they want you to continue to pay…
One of the greatest injustices done to Marine veterans in North Carolina was somewhat rectified recently when President Joe Biden signed the Honoring Our PACT Act. This Act also contains, the Camp Lejeune Justice Act, allowing victims sickened by toxic water to file for compensation decades after exposure. Almost 40 years after being exposed to…
Fires that occur in the operating room are among the most terrifying and dramatic disasters that can happen during a surgery. Though they are relatively uncommon, there are an average of 650 operating room fires in the U.S. annually, which often cause serious injuries and even death to the helpless patient. Operating fires are preventable…
The trucking industry, and truck drivers themselves, currently play a critical role in America’s economic infrastructure. Truck drivers traverse our nation’s highways, carrying heavy loads of goods and supplies from factories and warehouses and delivering them from one region of the country to another. Our reliance on truck drivers was underscored during the COVID-19 pandemic,…
A moment of distraction. Misjudging the amount of time or space available to make a turn or stop the car. Following too closely. Speeding. The list of human errors that occur while driving goes on, with each mistake, every misjudgment or miscalculation putting drivers, passengers, pedestrians, and everyone else on the road at risk. Proponents…
Phelan Petty is proud to announce that named partners, Jonathan Petty and Michael G. Phelan, have both been selected for inclusion in the 29th edition of Best Lawyers in America®. In addition, partner Jonathan Petty has been named a 2023 Lawyer of the Year for Medical Malpractice Law – Plaintiffs in Richmond. Best Lawyers® compiles…
Actor Anton Yelchin’s untimely death in June 2016 due to a rollaway incident with his 2015 Jeep Grand Cherokee highlighted the deadly consequences of defective products. Six years later, another automobile manufacturer has issued recalls for a similar problem. In late June, Ford Motor Company announced that 2.9 million owners of Ford cars and SUVs…
Imagine you come to a slow stop at a traffic light, when out of nowhere, the headrest behind you smacks into the back of your head, sounding like gunfire. Or, you have just parked your car and are gathering your belongings when the headrest explodes, hitting the side of your head, leaving you with a…
Lawsuits are being filed across the country by pressure cooker users who have suffered catastrophic injuries as a result of the cookers’ defects. In most cases, the lawsuits allege that defects in the lid and/or lid locking systems allow the cookers to be open before they are fully depressurized, increasing the risk of burns and…
What Camp Lejeune Water Contamination Victims Need to Know Call Phelan Petty for help: 804.980.7100 TAKE ACTION NOW Camp Lejeune Water Contamination Victims: What You Need to Know Over the course of over four decades, contaminated drinking water at Camp Lejeune, a U.S. Marine Corps Base in North Carolina, hundreds of thousands of servicemembers and…
Pool and spa owners need to understand why accidents may cause drownings and serious injuries and take appropriate precautions. The duty to protect adults and children applies to public pool owners, like local municipalities, and private pool owners, like hotels and residential owners. The makers of drain systems, diving boards, and other pool products must…
If you drive anywhere in or near Richmond, you’re likely to see many different types of trucks on Interstates 64, 95, 195, and 295. Virginia and local roads are often packed with trucks too. These trucks include semis, tractor-trailers, rigs, box trucks, flatbeds, cement trucks, tankers, logging trucks, and many other types of commercial vehicles.…
In a recent criminal case out of Ohio, a former physician was acquitted of 14 counts of murder after allegedly causing the deaths of his patients by ordering excessive amounts of fentanyl. The case was followed with interest by medical experts, legal professionals, doctors and nurses across the country, as the case raised significant questions…
Over the past two years, we have seen countless news stories about the rising number of traffic fatalities in Virginia and across the country. In April, the National Highway Traffic Safety Administration (NHTSA) released its estimates for 2021, and it is official: there were more traffic fatalities last year than in any of the past…
Sharing the road with an 18-wheeler can be a little frightening. Most drivers recognize the dangers of traveling alongside or in front of a big-rig. However, drivers can face danger when they are behind a truck as well – especially if that truck is reversing. There is no specific data on how many truck backing…
Unless you are a medical professional, you are likely unaware of the term “never event.” Never events in healthcare are exactly what they sound like – events that should never occur; egregious and catastrophic incidents during medical treatment that typically leave a patient permanently injured or disabled, or result in death. Ken Kizer, MD first…
In early March 2022, the National Highway and Transportation Safety Administration (NHTSA) released their annual report on motor vehicle crashes and fatalities. Large truck fatalities in 2020, the most recent data available for analysis, were at some of their highest rates ever, prompting the Truck Safety Coalition to release a statement, calling the fatality figures…
Exactech, Inc., a company which manufactures products for joint replacements, has issued a recall of its knee and ankle polyethylene liners in the United States, as the inserts may fail and require revision surgery to replace. Since 2004, approximately 147,000 inserts have been used in joint replacement seugeries, which means thousands of people could potentially…
Michael B. O’Brien, a former orthopedic surgeon from the Spotsylvania County region, has been found dead in his home. At this time, the Loudoun County Sheriff’s Office believe the death to be a suicide, and have not noted any foul play. Last week, O’Brien was charged with one count of forcible sodomy of a victim…
Burns are some of the most common types of injuries. If you have had a mild sunburn or a reaction to a strong chemical like bleach, or if you have touched a hot pan while cooking, you have likely sustained a first-degree burn before. But just because something is common does not mean it is…
Uber and Lyft have millions of users across the country. Whether you are looking for a safe ride home after having a few drinks with friends, need a lift to a doctor’s appointment, or simply want some dinner but do not feel like cooking, rideshare companies have you covered. This means there are also many,…
A recent report from the Institute for Safer Trucking (IST) analyzed a wide variety of statistics from across the country regarding fatal large truck crashes. Using data collected from the National Highway Traffic Safety Administration’s (NHTSA) Fatality Analysis Reporting System (FARS), IST’s goal is to identify and reduce sources of big truck accidents and deaths.…
The federal government is moving forward with a plan that allows truckers under the age of 21 to drive big rigs back and forth across state lines. Previously, truck drivers must be age 21 and up to cross state lines, but this new legislation implements an apprenticeship program that allows drivers ages 18 to 20…
Phelan Petty partners Jonathan M. Petty and Brielle M. Hunt were recognized by Virginia Lawyers Media for securing one of the top verdicts in Virginia for 2021. Their $3 million jury verdict in a fetal death case in Henrico County was listed as #3 for the year. This verdict was the first plaintiff’s verdict in…
As the weather grows cooler each year, people across the country turn to portable heaters to help warm their homes, and as they do, some space heaters start home fires causing deaths, injuries, and loss of property. Virginia consumers might imagine risk of space heater fires is linked to colder, northern climates, but when the…
Do you listen to music during your morning workout, take calls, or participate in online conferences using wireless ear buds, earphones, or headphones, or use them to cancel loud noises? If so, you benefit from lithium-ion battery technology powering your wireless device. The recent notice of importer E-filliate’s recall of earphones marketed under the well-known…
Driver-assist technologies like automatic braking, back up cameras, and lane or blind spot warning systems seek to limit human driving errors to increase road safety. These technologies hold great promise for reducing car and other vehicle accidents and protecting road users from serious injury and death. But what if some new technologies installed in cars…
There are some 3,200 miles of active train tracks in Virginia, a combination of freight and passenger lines overlaid on our highway system that most of us never think twice about. This transportation system exists in a sort of parallel state with other forms of transit, but follows different rules, regulations, and timeframes. In late…
Vehicle crashes have been declining across the nation for years thanks to better regulations and improvements in safety technologies. However much the numbers have dropped, the fact remains that the number of accidents each year still remains unacceptably high. Eliminating traffic crashes entirely is still firmly in the realm of a high-technology future; no system…
Losing a limb is difficult regardless of the circumstances, but especially when the loss is the result of a traumatic amputation. Unlike an amputation that occurs in a planned surgery, a traumatic amputation is the separation of a body part such as a finger, toe, hand, foot, arm, or leg due to an accident or…
Distracted driving is pervasive and dangerous. A moment’s inattention at highway speeds can have a lifetime of consequences for accident victims, and no one is immune. Legislation to combat this widespread issue went into effect statewide in July 2020, but enforcement efforts began in January of this year. The new law imposes stiff penalties on…
An exploding air bag inflator has killed two people and potentially injured others. According to GM Authority, the National Highway Traffic Safety Administration (NHTSA) and General Motors (GM) have issued recalls for two models already, the Chevy Traverse and the Buick Enclave, citing the risk of explosion. We expect more recalls to follow. The airbag…
Most people expect their auto insurance liability policy to cover them in the event that they are at fault in causing a crash that results in collision damage and/or injuries. What many people do not realize is that if they are injured in an accident and not at fault, they may need to use their…
Even with years of schooling and training in hospital procedures, medical professionals can still make mistakes. Surgeons, hospitals and ambulatory surgery centers attempt to minimize the risks of surgery and other medical procedures through improved technology and other methods, but errors still happen. When a surgeon or other medical professional injures a patient by making…
The Consumer Product Safety Commission (CPSC) released a mandatory recall of two magnet ball and cube products due to ingestion hazards. Because of these high-powered magnets, the risk of ingestion can lead to fatalities. Further, because the company refused to agree to a voluntary recall, the CPSC sued the manufacturer to force a mandatory recall.…
Phelan Petty is pleased to announce that partner Michael Phelan has been selected for inclusion in The National Trial Lawyers: Top 100 list of Civil Plaintiff Trial Lawyers in Virginia. This prestigious, invitation-only organization highlights the work of civil plaintiff and criminal defense attorneys across the country who have achieved outstanding results on behalf of…
Communication errors are a major cause of poor quality care, patient harm, and medical malpractice. Breakdowns in communication among health care providers often lead to a failure to coordinate what each health provider is doing and can cause a patient’s needs to “slip through the cracks.” Miscommunication between a doctor’s office and the patient results…
Retail giant Amazon recently announced an update to its A-to-Z Guarantee, which covers the condition and timeliness of customer deliveries. The Guarantee now covers claims up to $1,000 when a defective product sold under the Amazon umbrella causes personal injury or property damage. Amazon claims this move is to facilitate more trust between Amazon and…
Many homeowners and renters use dehumidifiers to remove excess moisture from the air. Especially in warmer months and climates, dehumidifiers are particularly useful in basements where condensation tends to collect, especially near an air conditioning unit. Many homeowners set up their dehumidifier and simply let it do its job, often forgetting it is even there.…
The issue of commercial truck safety is an important one. In fact, we have an entire national organization devoted to it – the Federal Motor Carrier Safety Administration, or the FMCSA. The FMCSA hands down safety regulations to commercial truck companies, which all carriers and drivers must follow or risk penalties for non-compliance. How do…
Scheduling a surgical procedure is extremely stressful. You likely have concerns about how the procedure will go. Will it be successful? Will I experience complications on the table? Are my surgeon and surgical team experienced and ready? The truth is, for some patients, even when the procedure goes completely as planned, any errors made before…
Juul, the embattled e-cigarette company, is facing a crossroads. Once the most popular vaping device in the country, Juul’s low sales and constant lawsuits have the company campaigning for its life. As Juul attempts to meet a September deadline with the Food & Drug Administration (FDA) to continue selling their products in the United States,…
Pharmaceutical giant Johnson & Johnson (J&J) announced July 14 they are recalling five sunscreen products due to the presence of benzene, a known carcinogen. The recall affects only aerosol Neutrogena and Aveeno sunscreen products, which the company advises consumers should stop using immediately. This recall was also announced by the U.S. Food & Drug Administration…
The Ford Motor Company® recently patented technology that supports in-car advertising. The technology, which is not yet in use, is a billboard detector that can read ads and display them inside a moving vehicle. This invention may mean good things for advertisers as it presents a new way to reach potential customers. However, the same…
Most patients, when scheduling any type of surgery or medical procedure, do their due diligence. They ask their specialist or primary care physician to recommend the surgeon best suited to perform their specific surgery. They reach out to family and friends who have undergone the same procedure and ask for the name of the surgeon…
Philips Respironics has issued a recall for up to four million ventilators, BiPAP, and CPAP machines because of a defect related to its polyester-based polyurethane (PE-PUR) sound abatement foam. The recall affects machines that are used in hospitals and other healthcare settings, as well as personal use machines which are used to alleviate sleep apnea.…
Most people know that driving at night can be dangerous. But few may have realized quite how dangerous it really is. According to the National Safety Council, 50 percent of traffic deaths happen at night – even though we only do one quarter of our driving after dark. What is the reason behind this staggering…
The phrase “sleep like a baby” is often used to indicate that a person enjoyed a peaceful, carefree night of rest. It is misleading saying, however, because as every parent knows, babies are not always the best sleepers. This is especially true during the first few months, when they tend to sleep for shorter spurts…
After a three-day trial and just over nine hours of deliberation, a Henrico County jury returned a verdict in the amount of three million dollars, plus interest, on behalf of our medical malpractice client following the death of her unborn son. The verdict, which came back on April 29, 2021, is Virginia’s first plaintiff’s medical…
Medical misdiagnosis and diagnostic errors put millions of patients at risk of injury each year in the United States. When a patient is diagnosed with the wrong illness, or is not diagnosed at all, they can face delays in treatment or see their condition worsen and progress. A recent study from Johns Hopkins University School…
A news release from the Consumer Product Safety Commission (CPSC) in early May announced the five recipients of a grant program from the Pool Safely Grant Program (PSGP). These states and local governments will receive over $860,000 in funds to provide education, training, and enforcement of pool safety requirements with the goal of saving lives…
The Consumer Product Safety Commission (CPSC) and Kolcraft have re-announced a recall of their inclined sleeper accessory and are urging consumers to take action to prevent the risk of infant suffocation and injury. Children’s product manufacturer Kolcraft has re-issued a recall of their inclined sleeper accessory included with their bassinet and inclined sleepers to help…
Parking lots and parking garages can have hundreds of visitors a day. With so many drivers pulling in and out of spots, circling around looking for spots, and trying to enter and exit the lots, there is always a risk of a collision. According to the National Safety Council, the highest number of parking lot-related…
Swimming pool drains pose a serious risk to swimmers of all ages, but especially to children. The suction from a pool drain can easily lead to the entrapment of hair, limbs, or accessories, like jewelry or bathing suit decorations. This is why pool owners must take care to ensure their drain covers comply with safety…
For years, the maxim “bigger is better” has applied to larger vehicles. Trucks, minivans, SUVs and crossovers are long believed to be the safest vehicles on the roads. Their larger frames and reinforced bodies should protect drivers and passengers in a crash, and may drivers feel safer because they are higher up, which they believe…
The Consumer Product Safety Commission (CPSC) has issued a product recall announcement for DeWalt cordless kerosene forced-air heaters. Enerco Group, who manufactures the heaters under the DeWalt name, made the recall on February 3, which involves about 4,500 units. The issue with the heaters is that they can start unexpectedly while in standby mode, posing…
A recent exposé from the Boston Globe uncovered a startling amount of information about commercial trucking companies and government oversight – or rather, the lack of government oversight. The article follows a string of truck accidents and tragedies, all of which may have been avoided had these trucking companies been penalized or shut down by…
Do you have a premature baby? Was your baby fed Enfamil, Similac or other cow’s milk-based formula while in the neonatal intensive care unit (NICU)? Did your baby develop necrotizing enterocolitis (NEC), a bowel disease? The risk of developing NEC in premature infants is substantially heightened with cow’s milk-based formulas, such as Enfamil and Similac.…
Abbot, a company that makes everything from baby formula to cardiovascular devices, recently secured FDA clearance for a traumatic brain injury (TBI) diagnostic test. This handheld tool is both portable and it provides results in 15 minutes, providing important diagnostic data that will quickly inform healthcare providers whether the patient needs a brain CT or…
Paraquat dichloride (“Paraquat”) is a chemical agent commonly used as an herbicide. It is used on over 100 different types of crops. Because Paraquat is so toxic, it is classified as a Restricted Use Product, meaning only licensed applicators are able to purchase and use the product. As a result of its toxicity, Paraquat has…
When we purchase a product, we expect it to work as marketed. We don’t expect to suffer an injury with its use. However, sometimes products are designed or manufactured with flaws that lead to such injuries. When this happens, you have the right to pursue legal compensation for your injuries and other damages. Virginia, as…
Truck driver negligence is a leading reason for many truck accidents. Negligence can include everything from speeding to distracted driving. Another way negligence can occur is because of health concerns that are left unaddressed. The health issues can increase the potential for a truck accident. Because truck driving is such a sedentary activity, truck drivers…
Victims of traumatic brain injury have been referred to as the walking wounded. They often suffer in relative silence to the world outside because their injuries are invisible to and not easily understood by other people. The loved ones of the victims also suffer as a result. It can be difficult to understand the nature…
18-wheelers and other commercial trucks are dangerous vehicles. If you have ever seen an overturned truck accident on the news, witnessed a truck accident, or were unlucky enough to be involved in one, you understand how terrible truck crashes can be. Driving a truck is one of the most dangerous jobs in Virginia and across…
Motorcycle accidents are different from other motor vehicle accidents in several ways: not only are riders more likely to suffer severe injuries, but they may have a harder time collecting damages. This is because most car and truck drivers – and therefore, most witnesses and juries – harbor some bias against motorcycle riders. A study…
If you have been injured because of a defective product, you may have grounds to file a product liability lawsuit against one or more responsible parties, such as the designer, manufacturer, retailer, or distributor. Below are some of the common defective products sold on the marketplace. Motor vehicles components Car crashes lead the way when…
The Consumer Product Safety Commission (CPSC) has issued a recall for inclined sleepers associated with Graco Pack ‘n Plays. Inclined sleepers have a potential risk for suffocation if infants roll onto their stomachs while in the sleeper. The current recall affects the following products: Graco Pack ‘n Play Day2Dream Playard with Bedside Sleeper, model numbers…
Dangerous weather can lead to car accidents. Poor visibility from rain, snow, fog, ice or sleet can make highways and rural roads dangerous even during the day. With winter almost here, drivers must be aware of these dangers – including the risk of “black ice” on the road. Black ice earned its nickname because it…
The Consumer Product Safety Commission (CPSC) has issued a serious warning to consumers regarding nursing pillows, lounging pads, and related products. According to the CPSC, they pose a significant suffocation hazard to infants and older babies. These products are safe for use when babies are awake, but a number of children have tragically died after…
Most vehicles manufactured in the last several years include automatic sensors that trigger headlights when it begins to get dark or foggy outside. In some vehicle models, the headlights turn on in conjunction with the use of the windshield wipers. However, there are plenty of vehicles on the road that lack this automatic sensor technology.…
Spinal injuries are a catastrophic physical trauma that affect the lives of both those who sustain them and the families who care for their injured loved ones. If you have ever been involved in an accident with a large commercial truck or 18-wheeler, you understand how these collisions can lead to injuries that carry long-term…
Recalls of the popular diabetes drug metformin continue to occur after the Food and Drug Administration (FDA) announced recently that some forms of the medicine were found to be contaminated with N-nitrosodimethylamine (NDMA), a chemical that may contribute to the development of some cancers. Pharmaceutical companies recall metformin Marksans Pharma Limited, an India-based drug manufacturer,…
Amazon has been under increasing scrutiny for defective products sold by third-party sellers. Most recently, Amazon was found liable for injuries caused by a defective battery manufactured by Lenoge. Now, dozens of products, produced by Amazon under its AmazonBasics brand name, have reportedly caught on fire or exploded, leaving Amazon open to even more lawsuits.…
In the Senate, lawmakers have introduced legislation that would minimize liability for exposure claims against employers pertaining to COVID-19, as long as the employers are adhering to public health guidelines. The bill, S.B. 4317, was introduced by Sen. John Cornyn on July 28. The tort reform aspect of the bill, also called the Safe To…
Consumers can suffer devastating burn injuries from exposure to certain defective products. Products such as defective lithium-ion batteries and e-cigarettes have been in the news for catching on fire and/or exploding. These product explosions can lead to catastrophic burns and other devastating injuries. Victims who suffer catastrophic burn injuries may require painful skin graft surgery…
Since March 1995, all bicycle helmets, imported or manufactured in the U.S., are required by the Consumer Product Safety Commission (CPSC) to meet the standard established in 16 CFR Part 1203.1(c). This is a mandatory standard that covers bicycle helmets, in addition to multipurpose helmets that may also be used when riding a bicycle. The…
The U.S. Consumer Product Safety Commission (CPSC) has issued a recall for proximally 16,000 infant and child double strollers due to the potential risks of entrapment, fall, strangulation, and entrapment. Costway, based in California, is the manufacturer of the strollers which were sold on the company’s website and by Amazon from May 2016 to December…
According to the Consumer Product Safety Commission (CPSC), between 2015 and 2017 there were 379 reported pool or spa related fatal drownings involving children under the age of 15. 75% of those drownings involved children under the age of 5. In more than 70% of cases, fatal drowning incidents occurred at residential locations, such as…
Individuals who suffer from a mild traumatic brain injury may recover in just a few months of sustaining the initial injury. Some symptoms can clear up in about 30 days. However, a percentage of concussion victims experience symptoms beyond a six-month period. When this occurs, a doctor may diagnose the patient with post-concussion syndrome (PCS).…
Electric bicycles are popular around the world. Millions of people around the world own an electric bike. Electric bikes cost $1,000 or more. An electric bike is powered by rechargeable lithium batteries. Riders use the electric motor to power them through hills, headwinds, or fatigue. These bikes can also travel as far as 60 miles…
Parents put their trust in the manufacturers of the baby products they purchase, believing the manufacturer has tested the products for all foreseeable uses and that the products will cause no harm. When a responsible manufacturer of baby products learns that its product is dangerous for foreseeable uses, it takes steps to minimize the damage…
Commercial property insurance policies, for the most part, include coverage for loss of business income through the addition of an endorsement to the property policy. This endorsement is worded in such a way to provide protection against business income loss resulting from damage, destruction, or any type of direct loss of insured business property by…
A spinal cord injury (SCI) is nearly always considered a catastrophic injury. It is life-altering physical trauma resulting in permanent disability and a lengthy recovery period. When a person experiences an SCI, it can affect many areas of the body, leaving them with a variety of issues, both medical and financial. After suffering an SCI,…
Shopping on Amazon has become one of the most popular ways to review and purchase both essential and sometimes not-so-essential items. Almost everything is available on Amazon, and often at better prices than you can find at your local retail store. In addition, the fact that you can get your items delivered in 1 or…
With the warmer weather emerging, people are getting out and on their bikes for fresh air and exercise. However, when bicycle components fail, serious injuries can occur. Bike components commonly malfunction due to design or manufacturing defects, which are typically referred to as “product liability.” Component failures on bicycles can include problems with wheels, forks,…
Every product recall represents a significant risk to the welfare of the general public. This is particularly true when it comes to recalls involving products that interact with small children or infants. For the last decade, companies have marketed inclined infant sleepers as a safe and soothing option for helping babies map and sleep. These…
Thomas Keller, the renowned chef and owner of The French Laundry and Per Se, has filed a lawsuit in the Superior Court of California County of Napa to recover losses attributed to the coronavirus outbreak. French Laundry Partners, LP and the Thomas Keller Restaurant Group are suing Hartford Fire Insurance Company “to establish legal precedent…
Numerous lawsuits are being brought throughout the country against the manufacturers and distributors of opioids. The drug makers are being accused of using aggressive and false marketing campaigns to promote the effectiveness of opioids for pain relief, while minimizing the dangers of opioid addiction and overdoses. Distributors are being accused of failing to monitor and…
Parents have the right to expect that the products they buy for their children won’t be hazardous to their children’s health. Products for children should be specifically designed and manufactured with the size, weight, and developmental abilities of the child in mind. When defective products cause deaths, those who placed profit before safety should be…
After a truck accident, your personal safety should be your top priority. While may you feel fine immediately after a wreck, it is not uncommon for people to experience increasing pain and symptoms days later. Unfortunately, delaying treatment can negatively impact your personal injury claims. In this article, Phelan Petty’s truck wreck lawyers discuss the…
At Phelan Petty, we have the utmost respect for our country’s service members. Unfortunately, when the unthinkable happens and they’re injured by another government employee, they cannot file a lawsuit and demand compensation. This includes active service members who fall victim to medical malpractice at a military hospital. A controversial rule called the Feres doctrine…
You were doing everything right, but then your life changed with the flick of an eye. As you were stopped at a red light with a safe distance between you and the vehicle in front of you, a semi-truck suddenly slammed into your vehicle from behind. Your head snapped forward and back, hitting the steering…
The birth of a child should be a beautiful, joyful experience. Throughout the process, it is the doctors and nurses’ duty to ensure the health and safety of both the mother and child. Unfortunately, a single moment or series of poor decisions can lead to improper medical care and a birth injury for the child…
Recently, a case was filed by TorHoerman Law on behalf of a 19-year-old young man who quickly became addicted to vaping, smoking multiple JUUL “pods” per day. The 85-page Illinois JUUL e-cigarette lawsuit alleges that by age 22, the young man suffered multiple seizures, cognitive impairments, balance problems, mood disorder, permanent brain damage, and back…
If you are a sexual assault survivor, you deserve to have your voice heard. Sexual assault or abuse is traumatic, devastating, and wrong. You have rights and deserve justice. Unfortunately, myths, misconceptions, and challenges around the reporting process keep many survivors silent. In this article, Phelan Petty’s injury lawyers clarify common issues and misconceptions surrounding…
We place a lot of trust in our doctors. When something goes wrong, it’s tempting to give them the benefit of the doubt and ignore our concerns. However, no one is infallible. At Phelan Petty, we believe that victims of medical malpractice deserve answers and accountability. If you believe that you are a victim of…
Many of us assume that as science and medicine evolve, birth injuries are becoming a thing of the past. However, an average of 76 children suffer birth injuries every day in the United States, and 50-80% of mothers experience tearing and trauma during labor and delivery. Unlike birth defects, which develop before birth, birth injuries…
Traumatic brain injuries (TBIs) can have a devastating impact on your way of life and mental health. Unfortunately, both doctors and victims often disregard the symptoms of TBIs, even when they present themselves immediately following an incident. To make matters worse, sometimes symptoms do not appear until days or even weeks later. Overlooked and often…
Most of us probably do not even think about the possibility of a car accident when we climb into an Uber or Lyft. But once a crash happens, you quickly realize that the aftermath of a rideshare wreck is anything but straightforward. How well do I really know this driver I just met? Who is…
Understand Virginia’s Bike Safety Laws to Have Fun and Stay Safe Virginia is a great state for bicycling, and Richmond is an especially terrific city for a brisk ride. Unfortunately, it seems the roads are becoming more dangerous for cyclists. According to research compiled by the Virginia Highway Safety Office, there were 13 fatal car…
Kids II Sleeper Recall Highlights the Risk of Rocking Sleepers Kids II is recalling about 700,000 rocking baby sleepers sold since 2012 at Walmart, Target and Toys R Us. Kids II manufactures baby products for brands such as Baby Einstein, Ingenuity, Bright Starts and Disney Baby. The Kids II Rocking Sleepers recall comes just two weeks…
During your personal injury claim, it’s more than likely that the insurance company will want to negotiate a settlement. In fact, most accident victims will eventually settle their claims. However, unless you’re careful, it’s easy to make costly mistakes that can reduce your settlement’s value. Are you considering filing a personal injury claim? Rather than…
Rock ‘n Play Recall: What You Need to Know On April 10, 2019, the American Academy of Pediatricians (AAP) called for the immediate recall of Fisher-Price Rock ‘n Play sleepers. Today, after trying to blame parents and otherwise shirk responsibility for its dangerous product, Fisher-Price announced that it is recalling 4.7 million Rock ‘n Play…
A single mistake by a doctor or medical professional can turn a hopeful patient into a victim suffering from physical, psychological, and financial damages. If you were injured by someone’s medical malpractice, you need to understand that holding negligent doctors and hospitals accountable is crucial, not only for your own well-being, but that of the community…
Many of us have hopped on a charter bus headed to a sporting event, casino, or amusement park. However, you may not realize that some discount bus lines value profits over their passengers’ safety. A recent charter bus crash highlights this risk. Below, the motor vehicle accident lawyers at Phelan Petty discuss a series of…
4 Common Reasons Insurance Companies Use to Deny Car Accident Claims After a traumatic car accident, victims would rather focus on their physical, emotional, and mental health than fighting for legal compensation. Most people believe they will make an insurance claim and receive the compensation they deserve within a few weeks. Unfortunately, that is not…
I was raised in the Catholic Church and it pains me to write this article. What hurts me, even more, is that countless children endured sexual abuse while the Church did nothing. Recently, there has been an outpouring of admissions that the Catholic Church received “credible claims” of sexual abuse against thousands of priests. The…
Recently, two Catholic dioceses in Virginia publicly named 58 priests as having been “credibly accused” of sexually abusing children. The abuse went on for decades and involves an unknown number of innocent victims. This startling and seemingly transparent disclosure of the identity of pedophiles in the clergy has been viewed by many as an attempt…
From self-driving cars to smartwatches, we are all becoming more and more reliant on technology in our daily lives. Unfortunately, a defective “smart” device can cause catastrophic injuries. Below, the product liability team at Phelan Petty discusses the developing field of artificial intelligence (AI) liability. What Is Artificial Intelligence? Fueled by increasingly sophisticated software, chip…
What is Paragard? Paragard is a small, hormone-free IUD made of plastic wrapped in a layer of copper. Remarkably, copper is its only active ingredient in the device. Copper wires coiled around the device produce an inflammatory reaction, which is toxic to sperm and eggs (ova), preventing pregnancy. The Food & Drug Administration (FDA) approved this…
A recent article published in the Daily Beast focused on the uptick in e-cigarette explosion cases seen at Vanderbilt University’s Division of Trauma and Surgical Critical Care. The surgeon interviewed for the article has treated 30 people for exploding e-cigarette injuries. The injuries treated include third degree flame burns, chemical burns and damage to teeth and…
How Do I Sue a Doctor for Medical Malpractice in Virginia? Claims against negligent doctors, providers, and medical facilities are some of the most complicated injury claims. Virginia law establishes strict rules about the timing and procedures associated with medical malpractice claims, and a single mistake can result in delays and lost compensation. In this…
In September 2018, a series of violent natural gas explosions in Boston shocked the country. While the devastation caused by the Boston gas explosions stood out, gas leaks and resultant injuries happen throughout the country every year. Keep reading to learn more about the dangers of gas utility lines and find out how you can…
In 2015, drowsy driving caused 41,000 injuries and more than 800 deaths across the nation. While federal and Virginia trucking regulations limit the number of hours a truck driver can operate their vehicle, drivers sometimes experience pressure from their employers to violate these rules so they can make deliveries faster. Keep reading to learn more…
While the rates of drunk driving-related car wrecks have declined in Virginia over the past two decades, annual spikes in accidents still occur around the holidays, and even the most careful motorists can fall victim to a drunk driver. As the holiday season approaches, it’s especially important to understand the steps you can take to…
As the holiday season approaches, don’t forget about the potential hazard lithium-ion batteries pose to children. In the United States, emergency rooms treat more than 2,800 children each year who have swallowed the small button batteries found in devices like electronic toys, remote controls, key fobs, and musical greeting cards. Even more alarming, lithium-ion batteries…
Nursing home abuse is a form of medical malpractice. When you place your loved one in a nursing home, you expect them to receive exceptional care. Unfortunately, residents in nursing homes are vulnerable, and far too many nursing homes expose their residents to abuse and neglect. These abuses don’t just happen in the lowest-cost nursing…
A medical mistake can change your life forever. Victims of medical malpractice often face a lifetime of lost income, high medical and nursing bills, and immense grief. Unfortunately, if the malpractice occurred in Virginia, no matter how significant your damages are or how shocking the doctor’s negligence, you’ll face a damage cap. Keep reading to…
In 2017, more than 20% of all car accidents in Virginia involved a distracted driver. Not only that, but distracted drivers contributed to one-quarter of all fatal crashes. Unfortunately, Virginia’s distracted driving laws have significant flaws and fail to make our roads safer. Keep reading to learn more about Virginia’s distraction epidemic and find out…
Misdiagnosis and failure to diagnose are two of the most common forms of medical malpractice. However, proving that a diagnostic error constitutes medical malpractice can be challenging, and cases involving misdiagnosis or failure to diagnose require incredibly complex investigations as well as expert witness testimony and a thorough understanding of the law. If you or…
Most of us can’t go an hour without using a lithium-ion battery. They’re in our smartphones, laptops, electric and hybrid vehicles, wireless headphones, activity trackers, and e-cigarettes. Unfortunately, lithium-ion batteries also pose safety hazards to users, and the problem seems to be getting worse over time. Often, when a battery explodes or catches fire, the…
More and more Virginians are riding motorcycles. Unfortunately, too many riders are dying on the road. In fact, the number of motorcycle fatalities in our state increased massively between 2016 and 2017. If you ride a motorcycle or you’ve lost someone in a motorcycle accident, it’s important that you know your legal rights. In this…
When a doctor’s errors cause catastrophic injuries, you have every right to demand justice. We place immense trust in physicians, and medical malpractice can shatter this trust and change your life forever. However, malpractice claims against a physician, nurse, or other medical provider are highly technical. Without expert witnesses willing to testify that your medical care was…
Truck accidents happen for many reasons, but no matter how they occur, they frequently lead to catastrophic results for the victims. The statistics are terrifying: between 2009 and 2015, the nationwide number of injuries from truck accidents increased by 62%. And data from the U.S. Department of Labor shows that truck driving is the most dangerous job in the United States, largely due to the frequency of wrecks. So why do these…
Defective e-cigarettes can cause burns and other serious injuries when their batteries explode or light on fire. Unfortunately, e-cigarette manufacturers and retailers try to avoid liability for these incidents, often by blaming consumers. At Phelan Petty, we know from experience that battery and design defects are usually to blame when e-cigarette explosions happen. In this article, we’ll discuss how you can protect yourself from faulty e-cigarettes and what you…
A disclaimer is a statement that tries to deny legal responsibility. When a retailer sells something “as is” or warns that “results may vary” when you use a product, they’re issuing a disclaimer. Manufacturers and retailers sometimes try and use disclaimers to defend themselves against defective product lawsuits. While these arguments are generally ineffective, it’s important to understand…
After a serious car crash, it’s important to understand all the sources of insurance coverage available to pay your claim. Without help from an experienced personal injury lawyer, you might lose valuable compensation. To help make things simpler for you, this article explains the basics of Virginia auto insurance law.
NBC Nightly News reported that there have been hundreds of incidents of e-cigarettes exploding and catching fire. This figure does not include numerous incidents of loose e-cigarette lithium-ion batteries exploding in consumer’s pockets or purses. It should be no surprise to consumers that big tobacco is behind many of the companies that are selling e-cigarette…
I-81 is notorious for its fatal truck crashes. Its death rate is 70% higher than any other Virginia interstate. Now, Virginia lawmakers are interested in adding ultra-heavy, “monster trucks” to the mix on I-81. Learn more about their plans and how it might impact your safety.
After a catastrophic truck crash, your first concern probably isn’t preserving evidence for your personal injury claims. But if you don’t act quickly, the trucking company might destroy valuable information that supports your case. Below, the truck accident lawyers at Phelan Petty explain the importance of an attorney-directed investigation in the aftermath of a tractor-trailer crash.
Being in a five star crash rated car means very little when you are hit by a tractor trailer truck. Tractor trailer truck wrecks almost always involve catastrophic injuries or death. If the trucking company happens to be a “mom and pop” operation, the minimum mandatory insurance coverage by the truck company, which can be…
Working as co-counsel with other national truck litigation firms, our firm won an important federal court ruling from the United States District Court in the Western District of Virginia, Roanoke Division, in the area of freight broker liability. The lawsuit was filed by three plaintiffs against the freight broker, C.H. Robinson Worldwide, Inc. We alleged…
A married Illinois couple filed an e-cigarette battery explosion lawsuit against two vape shops in Joliet, Illinois, claiming that e-cigarette batteries purchased at the shops caught fire in the husband’s pants pockets, causing second and third degree burns to his legs and genitals and damaging the couple’s love life. E-cigarettes are battery powered devices that…
The New Jersey Supreme Court granted a motion to consolidate state court lawsuits in connection with Stryker LFIT Anatomic Cobalt Chromium V40 femoral heads filed against Howmedica Osteonics Corp, a division of Stryker Corp. The consolidated multi-county litigation (MCL) has been assigned for centralized case management to Bergen County Superior Court Judge Rachelle Harz, who…
Invokana belongs to a newer class of Type 2 diabetes drugs called sodium-glucose cotransporter 2 (SGLT2) inhibitors . Instead of metabolizing blood sugar, which is how insulin and other Type-2 diabetes drugs work, Invokana, by design, stops glucose from being reabsorbed into the blood and converted into an energy source that the body can use.…
The International Agency for Research on Cancer (IARC), the specialized cancer agency of the World Health Organization’s (WHO), assessed the carcinogenicity of the herbicide glyphosate. Glyphosate currently has the highest global production volume of all herbicides and is the key ingredient in the popular weed killer Roundup. See IARC Monograph Vol. 112 (March 20, 2015).…
It should come as no surprise that stakeholders in the trucking industry – trucking companies, freight brokers, shippers, trucking associations and insurance companies – spend a lot of money lobbying Congress to de-regulate the trucking industry. And, unfortunately, they have been succeeding. These special interest groups have blocked Congress from raising the minimum required insurance…
The primary mission of the Federal Motor Carrier Safety Administration (FMCSA) is to reduce injuries and deaths due to large truck crashes and bus crashes. One important way in which FMCSA pursues this goal is to regulate the number of hours that truck drivers can drive continuously a without rest. Obviously, fatigued driving is a…
In October 2014, the International Journal of Occupational and Environmental Health (IJOEH) published a study in which a specific brand of talc was analyzed at four different labs.The study found that talcum powder coming from asbestos contaminated mines can find its way into consumer talcum powder that can be inhaled during use and cause or…
Stryker hip stems made of TMZF are proving to be very problematic. The most commonly implanted Stryker hip stem has been the Stryker Accolade. When a Stryker LFIT V40 Chrome/Cobalt head is placed on a Stryker Accolade TMZF system, the same combination of mixed metals exists as the combination that caused such problems with the…
The Players: The Stockert 3T heater-cooler system is used to regulate the patient’s body temperature during cardioplegic surgeries that intentionally stop the patient’s blood flow. The Sorin group originally developed the Stockert 3T, so the device is sometimes called the Sorin 3T. Sorin merged with another European medical device manufacturer in 2015 to become LivaNova,…
On August 29, 2016, Stryker Corporation issued a Styker hip recall for its LFIT V40 series of femoral heads manufactured before 2011. On September 27, 2016, Stryker Orthopaedics, in consulation with the Australian Department of Health – Therapeutic Goods Division, issued a “hazard alert” for a specific range of Stryker LFIT V40 femoral heads. These…
Heartburn drugs Nexium, Prilosec, and Prevacid are in a family of drugs called Proton Pump Inhibitors (PPI). These popular drugs are taken for the treatment of heartburn, indigestion, gastritis, and acid reflux. The FDA approved these drugs only for short term use, but the drug companies have been aggressively marketing the drugs for daily use.…
“In products liability actions against parties other than health care providers…for injury to the person resulting from or arising as a result of the implantation of any medical device, [the cause of action shall be deemed to accrue] when the person knew or should have known of the injury and its causal connection to the device.”
As reported in our article about the second bellwether trial involving an allegedly defective metal-on-metal Pinnacle hip implant, $360 million of the $497.6 million verdict rendered in March to five plaintiffs against Johnson & Johnson and its DePuy unit was […]
Days after Honda Malaysia announced a recall of an additional 145,000 Hondas to replace defective front passenger airbag inflators, a Malaysian woman died after the airbag in her Honda ruptured in a minor collision. When police arrived at the scene, the driver airbag had ruptured and the driver was bleeding from her chest from a…
As the lawsuits on behalf of the families of victims killed by metal shrapnel from defective Takata airbags mount, it is interesting to read about the strategy of plaintiff’s counsel in these cases. The most recent Takata lawsuit was filed […]
Mark Rosekind, administrator of the National Highway Traffic Safety Administration (NHTSA), announced on Wednesday that NHTSA was requiring Takata to work with automakers to recall an additional 35-40 million Takata airbags. This brings the Takata airbag recall number in the U.S. to nearly 65 million airbags, the largest in U.S. history. NHTSA’s announced reason for…
“Wait – You mean to tell me that he has hurt other patients before?” I can’t tell you the number of times I’ve seen a medical malpractice client’s face turn pale with shock and despair when I share with them that their doctor has been sued successfully in the past. Typically, these clients have very…
The Problem “Do you mean to tell me that the hospital can make a mistake and still send me a bill? And they actually expect me to pay it?” Many patients who are unhappy with the results of their health care, or who feel that they have been victims of medical malpractice, are surprised…
This is part two of a two part question and answer piece about the DePuy Pinnacle metal-on-metal hip implant system. Part one focused on the recent $502 million verdict against Johnson & Johnson and its unit, DePuy Orthopaedics. This part focuses on the multidistrict litigation (MDL) involving the Pinnacle Hip Implant litigation. We first wrote…
One of the most challenging aspects to proving a case involving traumatic brain injury is rebutting the testimony of medical expert witnesses hired by the defense who claim that no such injury exists. The very defense experts who make their living testifying against plaintiffs in traumatic brain injury cases have also testified against brain-injured veterans…
Takata airbags have been recalled in approximately 25 million vehicles worldwide, and at least 12 deaths have been attributed publicly to the defective airbags. I say “publicly” because there have been confidential settlements, which may have been kept from the […]
Inferior Vena Cava (IVC) filters are medical devices used in patients who are contraindicated for anticoagulant therapy. They are spider-shaped metal filters implanted into the largest vein in the body called the inferior vena cava, and are designed to prevent blood clots from traveling up to the heart and lungs. Medical device giant, C.R. Bard, made…
The “tort reform” crowd would have us believe that medical negligence is almost nonexistent, but that medical malpractice insurance premiums are skyrocketing and driving physicians out of business due to “frivolous” lawsuits. Here are some facts. A study by HealthGrades reported that medical negligence in hospitals kills about 195,000 Americans per year. To put this in…
The FDA announced that it is recalling MicroPort Orthopedics’ ProFemur Long Cobalt Chrome 8 Degree Varus and Valgus Modular Neck implants over issues with the acute fractures. The agency labeled the recall as a Class I, the most serious type of recall, […]
If you have been involved in a tractor trailer truck accident or other big truck accident in Virginia, you need to take care of your medical needs first. However, it is very important that you also understand that the trucking company will likely send to the scene its own attorneys, phtotographers, and truck accident investigators as soon…
Hundreds of products and drugs get approved by the U.S. Food & Drug Administration every year. Many people mistakenly believe that the FDA, because it has approved a device or drug, has also tested the product before allowing the sale. But this is not the case: the FDA conducts no independent testing, but rather relies…
If you drive a Jeep Grand Cherokee or Commander, chances are you’ve probably heard or paid close attention to the news regarding the defects in certain vehicles. We’ll try to answer a few questions you may have here. How do I know if my vehicle is part of these recalls? Find your vehicle’s vehicle identification number…
If you think you are the victim of a medical malpractice case in Virginia, there are a number of variables to consider, and there are rules in place to protect both the healthcare provider and patient. Below are some frequently asked questions that patients may have as they consider filing a charge of medical malpractice.…
Faulty Ignition Switches Lead to Loss of Engine Power, Power Steering, Braking and Airbags On June 3, 2015, Chrysler updated its recall of Jeep Grand Cherokees (model years 2005-2007) and Jeep Commanders (model years 2006-2007) over an ignition switch defect, which Chrysler described as follows: Chrysler has decided that a defect, which relates to motor […]
People all over the world use the Uber and Lyft ride-hailing apps to find a driver for hire. Users of Uber and Lyft probably do not stop to wonder about issues such as insurance coverage and whether the driver is an Uber or Lyft employee versus an independent contractor. For answers regarding insurance coverage check…
Our firm handles cases throughout the City of Fredericksburg, Stafford County, Spotsylvania County, and surrounding areas. After fighting for our client for many years, we recovered $3.25 million in a Fredericksburg premises liability case for a young child who suffered a traumatic brain injury as an infant. We represented a Stafford County client in…
Zofran was developed to help cancer patients who were experiencing nausea and vomiting. The FDA approved Zofran in 1998. It was originally indicated for chemotherapy-induced nausea and vomiting, and was also approved to treat nausea and vomiting associated with radiation therapy, anesthesia, and surgery. Zofran was never approved for use in pregnant women to…
The family of French Formula One driver, Jules Bianchi, released a statement saying that Bianchi sufferred a serious traumatic brain injury in his crash at the Japanese Grand Prix. The statement says that Bianchi suffered diffuse axonal injury and is in critical condition. Bianchi is in the Intensive Care Unity of the Mie General Medical…
Class I recalls of medical devices or drugs are the most serious type of recall. They are issued when there exists “a reasonable probability that use of these products will cause serious adverse health consequences or death,” according to the U. S. Food and Drug Administration. The FDA notified healthcare professionals on 8/28/2014 of a…
The case of Dr. Amy J. Reid has helped bring world-wide attention to the risks that power morcellation procedures can spread cancer inside a woman’s body. Dr. Reid, a 41 year old radiologist and mother of six children, had a power morcellation procedure to remove uterine fibroids. She was later diagnosed with an agressive cancer […]
Attorneys should be aware that they risk waiving attorney-client privilege by asserting an advice of counsel affirmative defense. In an antitrust litigation, the U.S. District Court for the District of Idaho recently granted plaintiffs’ motion to compel certain defendants to produce documents identified on their privilege logs because they had waived attorney-client privilege by asserting…
There are a number of treatment options available for women with symptomatic uterine fibroids, including traditional, open surgical hysterectomy (performed either vaginally or abdominally) and myomectomy, laparoscopic hysterectomy and myomectomy performed without morcellation (cutting is performed by surgeon, not electronically powered spinning blades), as well as other non-surgical options. There are clear benefits to morcellation.…
Prior to the recalls beginning this year, GM and their attorneys had been doing their best to avoid government inquiries into mysterious car crashes where GM cars suddenly veered off the road and crashed without the airbags deploying. By law, automakers are required to report any claims of car defects that potentially lead to injuries…
A company hires a software engineer, or a stock broker, or perhaps a bio-chemist. This company, knowing the newly hired employee could in the future use his or her knowledge against them, requires the employee to sign a contract agreeing not to look for a job at a rival company for a set period of…
The surgical procedure called power morcellation has become a popular treatment for uterine fibroids. Laparoscopic power morcellators are electric surgical devices. Morcellation refers to the cutting up of tissue into smaller pieces or fragments. The technique involves insertion of a tiny instrument with rapidly spinning blades, the morcellator, used to break up the fibroids […]
When an employee leaves one job for another, they often are surprised to find out that their previous employer might be able to prevent them from working in the same industry. Many employers write provisions into their employment contracts that seek to prevent employees from working for competitors. However, these provisions do not always comply…
Last week it was reported widely that Johnson & Johnson had “tentatively agreed to a settlement” that could reach up to $4 billion to resolve thousands of lawsuites filed for patients injured by defective DePuy ASR hip implants. DePuy Orthopaedics is a division of Johnson & Johnson. Reports by the New York Times, Bloomberg, and others […]
What drives big trial verdicts? Defense trial lawyer organizations are buying into the theory that if a plaintiff lawyer is able at trial to trigger jurors’ survival instincts, that jury is far more likely to return a big verdict in favor of the plaintiff. If jurors see the defendant’s conduct as an immediate danger to themselves, their […]
I’ve been reading reports by various bloggers, Bloomberg News, and the National Law Journal that Johnson & Johnson, DePuy Orthopaedic’s parent company, is considering whether to agree to pay $3 billion to settle more than 10,000 cases filed concering its defective metal-on-metal ASR hip replacement device. The implication is that the MDL plaintiffs’ steering committee and/or other plaintiff lawyers who […]
Two federal lawsuits charge Novartis Pharmaceuticals with making fraudulent kickbacks to promote sales of its drug, Myofortic.
Less than three years ago, Novartis settled criminal and civil investigations into whether it had illegally promoted …
“He was a very smart man but he died like an idiot,” is the frank and harsh assessment made by Paul Skurka concerning his friend and fellow Holocaust survivor, Roman Blum, who died last year at the age of 97 without a will. Blum had no kn…
Phelan Petty is excited to announce the hiring of attorney, Nancy H. Hull. Prior to joining the firm, Nancy worked in Washington, D.C. at a well-respected international law firm, White & Case, where she practiced in the fields of investment and commercial arbitration. Nancy will practice primarily in our securities and white collar criminal defense…
In a case scheduled to go to trial on January 7, 2013, our firm and our co-counsel, Leila Kilgore, successfully resolved a case for a five year old chld who suffered a traumatic brain injury at four months of age. The defendants in the case contended that the child had no residual effects from the…
This is a story about how the pharmaceutical industry pollutes the safety and efficacy regulatory process by the use of kickbacks and aggressive consumer marketing, including celebrity spokespersons. The story is getting more play because it has …