HO&P BLOG

Jury finds Acura’s seat belt defective and awards paralyzed man $55 million verdict against Honda

Carlos Martinez, 57, of York, Pennsylvania, was driving to work in suburban Baltimore when a tire blew out on his Acura Integra. Martinez lost control of the car and it rolled over. As the car was rolling, the seat beat failed to prevent Martinez’s head from hitting the roof of his car. Martinez was paralyzed in the accident. He filed suit against Honda, the company that manufactures Acura vehicles. Read the full article…

TAGS:,,,,

Wrongful death lawsuit against Boston radiologist over lung cancer misdiagnosis ends in $16.7 million verdict

Back in 2006, Jeanne Ellis visited the emergency room at Brigham and Women’s Hospital with complaints of a persistent cough. A doctor ordered a chest X-ray to rule out pneumonia. Dr. Peter Clarke, a radiologist at the hospital, read the X-ray and determined it to be normal. Ellis was diagnosed with an upper respiratory infection and prescribed antibiotics. Read the full article…

TAGS:,,

Table saw defect lawsuit against Ryobi allowed to proceed in federal court

Arthur W. Kennedy alleges that that he suffered severe and permanent personal injuries as a result of a table saw accident that occurred while using a device manufactured by Ryobi, Model No. BTS10S, on June 20, 2009. More than three year later, on April 1, 2013, Kennedy filed suit against Defendants Techtronic Industries North America, Inc., One World Technologies, Inc., and Ryobi Technologies, Inc. Kennedy alleges claims for strict products liability, negligence, breach of implied warranty of fitness, breach of warranty of merchantability, and reckless, willful or malicious conduct regarding the Ryobi table saw. Read the full article…

TAGS:,

Railroad crossing deaths of Ohio teens blamed on dangerous design, conditions

In June 2012, Jeffrey Chaya and Kevin Fox were about to graduate from Brunswick High School, about 30 miles south of Cleveland, Ohio. Chaya was driving Fox and others on Boston Road between the Townships of Columbia and Liverpool and between the Counties of Lorain and Medina. An Ohio State Highway Patrol report concluded that Chaya’s 2001 Chevrolet Cavalier was going 69 mph when it went airborne over the railroad tracks on Boston Road, east of Boone Road. The tracks rose abruptly from both sides of the roadway. The car landed, and Chaya lost control, veering right and left before hitting a tree, causing the car to flip over onto its roof. Read the full article…

TAGS:

Texas Supreme Court says second-hand goods buyer may sue manufacturer for breach of implied warranty of merchantability

The law imposes an obligation that merchants sell merchantable goods. The so-called implied warranty of merchantability assures buyers that goods are, among other things, “fit for the ordinary purposes for which such goods are used.” When a purchased good falls short of this standard, a buyer who suffers an economic loss from a defect has a right of recovery through a suit for breach of implied warranty. Read the full article…

TAGS:,

Homeowners challenging robosigning, MERS System may proceed with ‘false documents’ claim against financial institutions, Ninth Circuit rules

Homeowners around the country have gone to court to challenge the use of the Mortgage Electronic Registration Systems, Inc. (“MERS”), an electronic mortgage registration system (“the MERS System”) by financial institutions. The MERS System is a private electronic database that records the ownership of and servicing rights in home loans. Various financial institutions are members of the MERS System. Read the full article…

TAGS:,,

Texas Supreme Court looks at ‘unconscionability’ of arbitration agreements in cotton farming case

Under the Federal Arbitration Act, an agreement to arbitrate that is valid under general state law principles and involves interstate commerce is “valid, irrevocable, and enforceable.” 9 U.S.C. § 2. Of course, the party seeking to compel arbitration under the FAA must first establish that the dispute falls within the scope of an existing agreement to arbitrate. Once that is established, the burden then shifts to the party opposing arbitration to raise an affirmative defense to the agreement’s enforcement. Read the full article…

TAGS:,

Undiagnosed tuberculosis leads to deaths, lawsuits against Las Vegas hospital

More than 170 people have filed claims against Summerlin Hospital Medical Center in Las Vegas, Nevada. The plaintiffs are hospital employees, former patients and visitors who may have been exposed to tuberculosis last year during a TB outbreak at the hospital. About 60 people involved have since tested positive for tuberculosis. Read the full article…

TAGS:,,,

Internal medicine, family practice doctors prescribing opioid painkillers more often than pain specialists, new study finds

A staggering 40% of all narcotic painkiller prescriptions in the USA from 2011-2012 were written by only 5% of opioid prescribers, according to a study that Express Scripts recently presented at AcademyHealth’s annual research meeting. The Express Scripts study identifies prescribers who prescribe opioids at a much higher rate than their peers practicing in the same specialty and geographic region and treating patients of similar age. Read the full article…

TAGS:,,,,