Legal Examiner

Americans’ rights under attack

By Michael Phelan | March 13, 2017

Have you ever read the Seventh Amendment to the Constitution? It says “the right of trial by jury shall be preserved.” (emphasis added). Wouldn’t it be great if our elected officials were as concerned with preserving consumers’ Constitutional right to […]

Facts about E-Cigarette Explosions

By Michael Phelan | February 9, 2017

E-cigarettes or electronic vaporizers are battery-powered devices that simulate tobacco smoking by producing a heated vapor. According to an October 2014 article by the U.S. Fire Administration entitled, <em>Electronic Cigarette Fires and Explosions</em>, E-cigarettes were first patented in 2003 and […]

E-Cigarette Explosions

By Michael Phelan | December 22, 2016

According to the U.S. Food and Drug Administration, at least 66 e-cigarette batteries have exploded since 2015. The FDA is currently reviewing e-cigarette explosions, but has yet to take action. Recently, New York Senator, Chuck Schumer, asked the FDA and […]

Stryker Hip Recall

By Michael Phelan | December 20, 2016

Why is the Stryker V40 femoral head subject to Recall and Hazard Alert? Stryker LFIT Anatomic CoCr V40 femoral heads are modular components used in total hip replacement surgeries. This product is the subject of recall and hazard alert because […]

Stockert 3T Heater-Cooler Device – Infectious Diseases

By Michael Phelan | December 13, 2016

The Stockert 3T heater-cooler device, which is used to regulate body temperature during certain surgeries, has been linked to a dangerous microorganism that can cause infections and death. The Stockert 3T heater-cooler system is used to regulate a patient’s body […]

Justice Against Sponsors of Terrorism Act (JASTA)

By Michael Phelan | September 28, 2016

The Senate voted overwhelmingly today to override President Obama’s veto of JASTA. Senators voted 97-1 to override the veto. The lone “no” vote was cast by Harry Reid. The House vote on the president’s veto is expected later today. If […]

Almost 100 Hepatitis A Cases Linked to Tropical Smoothie

By Michael Phelan | September 9, 2016

The number of hepatitis A cases linked to contaminated frozen strawberries served by Tropical Smoothie Cafe’ seems to grow daily. The number is now up to 100, with at least 80 Virginia residents reported to have contracted hepatitis A after […]

55 Cases of Hepatitis A in VA Linked to Tropical Smoothie

By Michael Phelan | September 1, 2016

The Virginia Department of Health confirmed Wednesday that 55 Virginia residents have tested positive for hepatitis A associated with the contaminated <a href=”https://www.richmond.com/news/virginia/article_1f7797f0-e31e-56c0-9e67-1d5f490a0abc.html”>Tropical Smoothie Café</a> strawberries from Egypt, including six from the Central Region, which includes Richmond. An official with […]

Why are E-Cigarettes Blowing Up?

By Michael Phelan | July 29, 2016

Before any of you vaping fanatics get all fired up (pun intended) about this post, watch this You Tube video – <a href=”https://www.youtube.com/watch?v=k1LjSuq0rk8″>E-Cigarette Explodes in Man’s Pocket</a>. The poor guy is simply trying to pay for something at the Shell […]

Virginia now has a Discovery Rule for Medical Device Cases

By Michael Phelan | July 28, 2016

“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.”