HO&P BLOG

Fentanyl overdose during routine endoscopy blamed for death of Illinois father of two

Last year, Travis Disch went to St. Mary’s and Dean Outpatient Center in Madison, Wisconsin, for a routine upper endoscopy to determine the cause of swallowing problems. During the procedure, nurses allegedly gave him more than two times the amount of sedation drugs he should have received, including the drugs midazolam and fentanyl. Disch died and an autopsy by a St. Mary’s doctor found no cause of death other than brain injury from a lack of oxygen during the procedure. Disch was a 37-year-old and the father of two children. Read the full article…

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Asbestos workers still face risk of mesothelioma cancer, CDC reports

The U.S. Centers for Disease Control and Prevention (CDC) issued a report on the dangers of malignant mesothelioma, a deadly form of cancer caused by exposure to asbestos. The report highlights the ongoing health crisis posed by workplace asbestos exposure and the health risks that workers who used this dangerous product will continue to face for decades to come. Read the full article…

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Hospital administered lethal dose of hydromorphone painkiller, wrongful death lawsuit alleges

In August of 2013, Steven Santora sought medical treatment for stomach pain and was admitted to Merced Medical Center in Merced, California. Later that night, at around 2:30 a.m., Santora died at the hospital, according to a wrongful death lawsuit against the hospital that has been filed on behalf of his surviving young children in Merced Superior Court. Santora was 34. Read the full article…

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Transvaginal surgical mesh lawsuit ends in $3.27 million verdict for Illinois woman

A West Virginia jury has ordered Johnson & Johnson to pay $3.27 million to a woman alleging injuries from a defectively designed transvaginal surgical mesh implant. Following a trial in federal court in Charleston, the jury found defective Johnson & Johnson’s Ethicon TVT-O mesh sling and held J&J responsible for injuries to Jo Huskey of Illinois. Read the full article…

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Commercial litigation claims may be subject to contracts or torts depending on the nature of loss or damage

“The acts of a party may breach duties in tort or contract alone or simultaneously in both.” Jim Walter Homes, Inc. v. Reed, 711 S.W.2d 617, 618 (Tex. 1986). To determine whether claims sound in tort or contract, courts examine (1) the source of the duty allegedly breached and (2) the nature of the injury claimed. Sw. Bell Tel. Co. v. DeLanney, 809 S.W.2d 493, 494 (Tex. 1991). Read the full article…

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Barnes & Noble faces class action lawsuit over ‘browsewrap’ arbitration agreements

The notion of a “binding contract” once conjured notions of two parties negotiating back and forth until finally reaching a compromise of some sort. Then, they put it all in writing and both signed their names to indicate precisely what terms they were both agreeing to. That is of course still one way of creating a contract. Read the full article…

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