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Charleston Personal Injury Law Blog

Birth injuries grounds for lawsuit

A family in another state claimed that a physician's decisions caused irreversible brain damage in their baby boy. The family thus filed a medical malpractice claim against the federally employed doctor and was recently awarded more than $33 million in the suit. Any person in West Virginia whose baby suffers birth injuries and other birth-related problems as a result of a doctor's negligence has the right to take legal action against the medical professional.

According to the suit, the woman claimed that she expressed the desire to undergo a cesarean section when it was time for the boy to be born. However, the doctor reportedly ignored the woman's request even though the baby's heart rate had slowed down. Instead, the doctor allegedly left the woman to tend to another baby delivery. When the woman's baby was eventually born, he was not breathing.

Man claims Walmart's dangerous property conditions caused fall

A man in another state claims that he hurt his leg while at a Walmart's store recently. He has therefore filed a premises liability claim against the supermarket chain, seeking a monetary judgment for damages. Companies in West Virginia and elsewhere that fail to address dangerous property conditions may face claims for financial responsibility if their customers end up getting hurt as a result.

In the out-of-state case, the man was walking into a Walmart's store back in Jan. 2016. At that time, he reportedly slipped on a substance that was slippery and clear. The fall caused the man to hurt his right leg.

Xootr scooters recalled, considered dangerous products

As the weather warms up this spring, many residents of the state of West Virginia may try to take advantage of the opportunity to use their scooters for getting from point A to point B. Those that do may want to take notice that scooters are one of multiple products that were recently recalled due to being deemed dangerous products. The ones involved in the recall were manufactured by Xootr.

Nearly 3,000 of the company's adult-kick scooters have been recalled because the steer support has the potential to break while the scooters are being used. This poses a significant fall hazard to consumers. So far, the company has gotten six reports about steer support breaks. In one incident, bruises and scrapes were suffered as a result of falling.

$75K lawsuit filed alleging anesthesiologist surgical errors

A woman in a different state claims that an anesthesiologist incorrectly intubated her stepmother during the stepmother's emergency surgery. The alleged incident ended up causing the stepmother's death back in 2013. The stepdaughter therefore filed a $75,000 lawsuit against the doctor in 2015, and this suit is slated to go to trial this June. If surgical errors lead to the death of a loved one in West Virginia or elsewhere, this is grounds for medical malpractice litigation.

In the recent out-of-state case, the stepmother was not intubated properly after undergoing a cardiac operation. This reportedly caused the woman to suffer an anoxic brain injury, which led to her death. At the time of her death, the anesthesiologist who had intubated her was working as part of a nonprofit physicians group along with a university medical school.

The Cost of Spinal Cord Injuries

If you've had the misfortune of injuring your spine, then you know the turmoil that accompanies such a horrible event. Beyond the astronomical medical bills, a spinal cord injury can result in loss of income, severe emotional distress, and persistent life-altering physical pain.

Economic Damages

Before pursuing compensation for your injury in a court of law, it is important to gather as much documentation as possible regarding economic losses. This includes any monetary loss resulting from the injury, such as medical bills, lost income, rehabilitation costs and other hidden expenses including your projected long-term losses in each of these categories.

Slip-and-fall accidents can occur in nursing homes

A woman in another state claims that the negligence of a nursing home caused her to slip, fall and injure herself. In West Virginia and elsewhere, slip\-and\-fall accidents can happen if an owner fails to maintain their property safely. In those circumstances, the property may be held financially responsible for any resulting injuries.

The woman alleges that she went to the nursing and rehabilitation center one day to visit her mother, a patient there. During her visit, she reportedly stepped in some soapy water that was on the floor, and ended up slipping and falling. She claims the fall caused her to suffer physical injuries.

Alleged delayed diagnosis leads to suit against veterans facility

A couple in another state has accused a veterans medical facility of not diagnosing a man's epidural abscess in a timely fashion. Thus, the medical facility is now facing a medical malpractice claim. If a delayed diagnosis leads to harm to a patient in West Virginia or elsewhere, that patient has the right to take legal action in the pursuit of justice.

In the out-of-state case, the married couple claim that the man was under a medical facility's care back in 2015 to receive treatment for weakness in this lower extremities. However, the plaintiffs assert that the facility did not perform a comprehensive differential diagnosis, so it ended up not diagnosing his abscess quickly enough. The couple thus decided to file an administrative claim against the veterans medical facility, seeking damages totaling $20 million.

Xarelto May Cause More Bleeding Than Pradaxa

According to an observational study published in JAMA Internal Medicine, people taking Xarelto (rivaroxaban) may be more likely to have a serious bleeding event than those taking Pradaxa (dabigatran). Johnson and Johnson (J&J) is facing more the 15,000 Xarelto lawsuits.

The Study

For the study, researchers looked at the records of 118,000 Medicare patients with atrial fibrillation (AFib), who took either Xarelto or Pradaxa. Researchers found that there were more serious bleeding events in those taking Xarelto than those taking Pradaxa. This included intracranial hemorrhage, meaning bleeding in the brain, and extracranial bleeding events including major gastrointestinal bleeding.

The researchers also noted that, in 2014, rivaroxaban was prescribed two to three times more often than dabigatran for AFib patients in the U.S., and they said that may be due to doctors falsely believing that Xarelto posed less risk of major bleeding events than Pradaxa.

Dangerous products include table saws, snowshoes, sweatshirts

Some recent product recalls may affect consumers in West Virginia. These recalls include portable table saws as well as snowshoe packages and snowshoes. Certain hooded sweatshirts are also considered dangerous products according to the U.S. Consumer Product Safety Commission.

The portable table saws being recalled are by Craftsman. According to officials, these saws' stands may collapse without warning. Thus, they pose an impact injury hazard as well as a laceration hazard to their operators. So far, there have been 11 reports regarding the table saws collapsing. According to these reports, the saws caused finger and hand injuries, shoulder strain, lacerations, broken bones, abd the partial amputation of a fingernail.

Slip-and-fall accidents on cruise ships may lead to lawsuits

A woman in another state recently claimed that she was injured while on a cruise ship. The incident occurred last March. When injuries from slip\-and\-fall accidents occur on properties in the state of West Virginia and elsewhere due to the carelessness of the owners of the properties, the injury victims have the right to seek justice in civil court.

In the out-of-state case, the woman claimed that she was standing on the deck of the cruise ship one day. All of a sudden, she reportedly slipped and fell. She asserted that the cruise line was responsible since it did not warn her about a slippery substance on the ground.

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