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Charleston Personal Injury Law Blog

Birth injuries lead to $3 million award

A family in another state claimed that a doctor was careless regarding the manner in which he pulled a baby out during the delivery process. They claimed that their baby ended up having a paralyzed right arm as a result. The family filed a medical malpractice lawsuit against the doctor and was recently awarded $3 million due to the birth injuries their child suffered. Anyone in West Virginia whose child suffers birth injuries due to a doctor's negligence has the right to seek justice through the civil court system.

The lawsuit, which was filed back in 2014, alleged that the obstetrician pulled the baby's neck and head too hard during the birthing process. The doctor pulled on the head and neck area in an effort to dislodge one of the shoulders, which had become stuck. The pulling ended up causing the baby permanent damage to the nerves in the right shoulder area.

Nursing Home Negligence - Make Sure Your Loved Ones Are Safe

Each year, one in four people over 65 fall at least once, and many of these victims sustain serious injuries, like broken bones and head injuries. Certain physical issues, such as Vitamin D deficiency, limited vision, medication side-effects, and a hazardous walking surface, multiply the risks exponentially.

Nursing homes have a duty of care to prevent their patients from being injured, especially when it comes to everyday activities like moving from a bed to a wheelchair. So, many nursing homes follow legal protocols when performing such operations. A failure to follow established guidelines is clear evidence of fault in negligence cases.

Woman reportedly suffered from bed sores at nursing home

A nursing home in another state is accused of negligently causing a woman's death. According to a recently filed federal lawsuit, the facility reportedly allowed her to remain in her urine and feces and neglected her to the extent that she developed bed sores. Anyone in West Virginia who loses a loved one due to nursing home negligence has the right to seek justice in civil court.

The deceased woman's estate sued the nursing home in September, allegingwrongful death and neglect. Apparently, the woman was incontinent, suffered from Crohn's disease and diabetes, and also suffered from paraplegia due to a recent injury. According to the lawsuit, as a result of her injuries, the woman was more prone to developing pressure stores. The facility is accused of failing to provide a sufficient care plan.

Roundup Litigation Expected To Begin Soon

Roundup, the most popular herbicide in the world, manufactured by Monsanto, has constantly been in the news regarding its safety ever since research studies linked it to cancer. The latest development propelled by Office of Environmental Health Hazard Assessment (OEHHA) has resulted in the addition of Glyphosate, a key ingredient of Roundup, to California's list of chemicals that can cause cancer, effective July 7, 2017. OEHHA made this move as per a California law: Proposition 65, which requires all carcinogenic chemicals to be listed; this law further requires warnings highlighting the fact that significant exposure to these chemicals can cause cancer, birth defects or other reproductive harm.

The World Health Organization's International Agency for Research (IARC) also called it "probably carcinogenic" in a 2015 ruling. It threw light on the association between glyphosate and non-Hodgkin's lymphoma (NHL) which is a type of blood cancer.

Traumatic brain injury can occur without structural brain damage

Concussions are types of brain injuries where the organs themselves do not necessarily sustain physical damage but where their functions are affected. In other words, when a patient in West Virginia suffers a traumatic brain injury, his or her brain stops working correctly for a brief moment in time. The individual experiences several symptoms quickly, and these symptoms resolve over time.

Not all concussions actually involving the striking of the head. Sometimes the forces exerted on the body are strong enough to reach the brain even if the brain has not been directly impacted. One of the most challenging parts of dealing with concussions is diagnosing them.

Dangerous products include dressers, phone batteries

Dressers and batteries are among several items that were recently recalled, with the recalls potentially affecting consumers in West Virginia. The dressers that were recalled were sold at Target. Meanwhile, Samsung and FedEx have called certain cellphone batteries dangerous products.

Regarding the dressers, Target reported that about 175,000 dressers sold in the United States are being recalled because they have the potential to tip over. Thus, these items pose a serious risk to children. So far, the company has received a total of 12 reports about the Room Essentials dressers collapsing. Two children have been hit by the dresser, although no consumers have reported injuries up to now. The dressers were sold between January of 2013 and April of 2016.

Could A New Type of Helmet Prevent Brain Injuries in Football Players?

With the beginning of football season here, there is always the worry about how much damage is done to player's brains. A recent article on PersonalInjury.com talks about this fear and a new helmet that can help eliminate this concern.

Brain injuries, more specifically the discovery of and publicity around chronic traumatic encephalopathy (CTE), have cast football in a bad light in recent years. The future of the sport, as we know it, has become questionable. Can we save the sport by saving players from an almost certain fate of degenerative brain disease that robs them of their memory, destroys their personalities and often ends in suicide? Do we throw up our hands and say, "They know what they're signing up for now, and besides, they get paid the big bucks"? And what about our kids, players at the high school and youth level who aren't yet equipped to make a fully informed decision? We're a long way from answering those questions, but there is a new helmet that signals a real effort to keep football playable.

Infections, other health issues may be grounds for litigation

A woman in another state claimed that health care providers' actions caused her mother to die almost two years ago. She therefore decided to file a lawsuit against these providers, alleging wrongful death and medical malpractice. If a patient loses his or her life in West Virginia due to infections and other complications stemming from the carelessness of doctors or other health care professionals, the patient's surviving family members have the right to seek to hold them accountable through the civil court system.

In the recent out-of-state case, the woman who lost her mother claimed that a hospital did not properly assess her mother's medical condition. The hospital also reportedly did not treat her correctly or take the needed preventive measures, thus leading to her death. Due to the negligence of the defendants, the mother suffered dehydration as well as complications with sepsis and infection.

Nanoparticle injection may help spinal cord injury victims

Following injury to the spinal cord, secondary nerve damage can occur due to internal scarring and inflammation. Unfortunately, this prevents the nervous system from being able to repair itself. However, according to a new study, a nanoparticle that is injected following spinal cord injury may be able to prevent the problematic scarring and inflammation, which may provide hope to spinal cord injury patients in West Virginia and elsewhere.

In the study, mice whose spinal cords were injured improved in their walking ability after getting the nanoparticle injection. In fact, they could walk better than the mice that did not receive the injection. The treatment could possibly minimize secondary spinal cord damage if administered some hours following the injury-causing incident.

Debris left on floor may cause slip-and-fall accidents

A woman in another state says that she injured herself at a supermarket due to the store's carelessness. She has filed a lawsuit against the store. Consumers in West Virginia who are hurt in slip\-and\-fall accidents as a result of the negligence of a business property owner have the right to take legal action.

In the recent out-of-state case, the plaintiff claims she was at a store belonging to Cermak Fresh Market Inc. All of a sudden, she apparently slipped and ended up falling on an object on the floor. The woman asserts that the object on which she slipped looked like it was chocolate.

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