Virginia Personal Injury and Medical Malpractice Blog

Tractor Trailer Trucks Must be Regulated

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…
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Virginia Trucking Companies Indicted for Hours of Service Conspiracy

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…
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How to Find a Virginia Truck Accident Attorney

In a split second a truck accident can cause you serious personal injury and change your life forever. After receiving medical attention, you or someone on your behalf need to speak with a Virginia truck accident attorney immediately. This may sound like an overused cliche’, but if you’ve been injured in a tractor trailer truck…
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FDA to Hold Public Workshop on E-Cigarette Explosions

The Food and Drug Administration (FDA) Center for Tobacco Products (CTP) announced in the Federal Register its concerns related to exploding e-cigarette batteries and batteries used in other so-called electronic nicotine delivery systems (ENDS). The agency will hold a public two day workshop in Silver Spring, MD on April 19 and 20 on e-cigarette explosions…
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Phelan Petty Firm Files Exploding E-Cigarette Lawsuits

Electronic cigarettes, or e-cigarettes, claim to provide a tobacco free alternative to traditional cigarettes. E-cigarettes deliver doses of nicotine with a vaporized solution that comes in non-nicotine flavors such as vanilla, bubble gum, gummy bear, and blueberry pancake. All e-cigarettes have similar parts: a tank or cartridge, a heating element to vaporize a liquid solution,…
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Talcum Powder as a Cause of Mesothelioma

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…
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JASTA Update: Insurance Companies Suing Saudi Arabia

Last Thursday dozens of insurers filed a $6 billion lawsuit in the U.S. District Court for the Southern District of New York in Manhattan against Saudia Arabia seeking to hold the kingdom liable for business and property damage caused by the September 11, 2001 terrorist attacks. The insurers plan to show that the September 11…
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Automobile Recalls

I saw two alarming headlines today. The first, reported that “Automakers recalled 53.2 million vehicles in 2016.” The second stated, “Carfax report: One in four vehicles on US roads has unfixed safety recall.” At a time when vehicle recalls are at alarmingly high levels, why is it that so many vehicle owners have not had…
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Fosamax Femur Fracture Update

UPDATE: March 22, 2017 In a 3-0 decision, the 3rd Circuit Court of Appeals in Philadelphia held that plaintiffs may proceed to trial on their failure-to-warn claims, and that a lower court erred in finding the claims were pre-empted by federal law. The case is In re: Fosamax (Alendronate Sodium) Products Liability Litigation, 3rd Circuit…
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Stryker Accolade TMZF and LFIT V40 Chrome/Cobalt Hip Replacement Defects

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…
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Americans’ rights under attack

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 [...]
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Virginia E-cigarette lawsuits

E-cigarettes contain a heating element to vaporize a liquid solution. The power source for the devices are cylindrical lithium-ion batteries, which are typically made in China. Unlike the flat lithium-ion batteries found in cell phones and laptops, these batteries are made into a metal tube. Alternating layers of metallic anode and cathode material separated by…
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Myths About E-Cigarette Explosions

E-cigarettes contain a heating element that heats up and vaporizes a liquid solution. The power source for the heating element are lithium-ion batteries. Many of these batteries are made in China. There are a couple of major myths about e-cigarette battery explosions. Myth #1 – The explosion was the consumer’s fault for carrying a loose…
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Facts about E-Cigarette Explosions

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 [...]
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Facts about E Cigarette Explosions

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, Electronic Cigarette Fires and Explosions, E-cigarettes were first patented in 2003 and have been available for sale in the U.S. since 2007. Three years ago, there were…
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MEDICAL DEVICE WATCH: SURGICAL MESH

  Over the last several years, our office has received an increasing number of calls from injured patients reporting injuries and complications they have experienced from surgical mesh implanted to repair a hernia.  Some of the callers have asked whether the mesh itself was defective, and some have asked whether it was medical malpractice for…
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Motion to Create Stryker LFIT V40 femoral head MDL filed

On January 13, 2017, a motion was filed with the Judicial Panel on Multidistrict Litigation (JPML) to transfer all currently filed federal cases in the Stryker LFIT V40 femoral head litigation and any later filed “tag along” cases to the United States District Court in Massachusetts. The Stryker LFIT V40 Anatomic Femoral Head is used…
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Ford Expands Takata Air Bag Recall to 800k Vehicles

Ford Motor Company announced yesterday that it will expand a recall of vehicles equipped with Takata air bags by more than 800,000, taking the total number of cars, trucks and SUVs recalled by Ford due to defective Takata air bags to over 3 million. Ford’s expansion of the Takata recall covers the 2005-2009 and 2012…
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Takata Pleads Guilty-Agrees to Pay $1 Billion

Airbag manufacturer Takata Corp. is reportedly going to plead guilty today to wire fraud and to pay about $1 billion to resolve a U.S.Justice Department probe in connection with Takata’s defective air bags. The wire fraud charge stems from Takata falsifying data in air-bag testing reports that it gave to auto manufacturers. The $1 billion…
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Takata Recall in Virginia

While the Takata recall has been ongoing, Honda announced recently that it is recalling 772,000 additional Honda and Acura vehicles in the U.S. for defective front seat air bag inflators made by Takata Corp. The vehicles, announced in a recall late yesterday, are part of an expanded recall of 1.29 million vehicles. More than 100…
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