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Charleston Personal Injury Law Blog

Kawasaki must pay $5.2 million fine due to dangerous products

An off-road vehicle maker was recently required to pay $5.2 million in connection with allegations that it purposely failed to alert government officials in a timely manner about issues with its vehicles. The company that was recently fined is Kawasaki Motors Manufacturing Corp., the maker of Teryx vehicles. Some drivers in West Virginia may have purchased these dangerous products, which caused injuries to multiple consumers.

According to the Consumer Product Safety Commission, from 2012 to 2014, 400 reports were sent to Kawasaki about its Teryx4 750 vehicle floorboards cracking and breaking while drivers were operating the vehicles normally. Debris on the outside of the vehicle apparently caused the cracking and breaking. Three reported incidents led to injuries.

Lynnette Simon Marshall Admitted to Practice Before the US Supreme Court

On June 5, 2017, attorney Lynnette Simon Marshall was granted admission to practice law and argue cases before the United States Supreme Court , located in Washington DC.

Lynnette practices in the areas of products liability, defective drugs and workplace injuries. She was recently named to the Top 100 Trial Lawyers by the National Trial Lawyers Association and one of NAOPIA's Top 10 Personal Injury Attorneys in West Virginia. Lynnette was also recently re-elected to the Board of Governors for the West Virginia Association for Justice, an organization dedicated to upholding and defending the Constitution of the United States and West Virginia.

Alleged delayed diagnosis causes woman to lose foot

A woman in another state recently claimed that she lost her leg due to the carelessness of a hospital and several medical providers. She has filed a medical malpractice claim against these parties. Patients in West Virginia who suffer harm due to a doctor's delayed diagnosis have the right to take legal action.

The woman reports that she sought treatment at the hospital's emergency room after suffering acute pain in her right foot. A few days later, a physician's assistant evaluated the woman at the woman's primary care office because she was still complaining about swelling and pain in her right big toe. She received a gout diagnosis and was given medications.

Hoverboard Lawsuits Continue to Build

The latest lawsuit sparked by hoverboard scooters was filed in June, 2017 by a California family who is suing Amazon after the device caught fire, not only burning down their home but killing their two beloved dogs.

The family alleges the blaze was due to the substandard quality lithium ion batteries in the product, sold by Amazon.

Good quality devices have sophisticated circuitry that prevent the batteries from overheating, reducing the likelihood of a fire. However, poorly manufactured, unbranded units, often made in China, don't contain these safety measures.

Slip-and-fall accidents may occur at supermarkets

A store customer in another state recently claimed that the supermarket caused her to suffer injuries after she fell while shopping. She has therefore filed a lawsuit against the business. When slip\-and\-fall accidents occur as a result of the negligence of a business in West Virginia, the business may be held liable in civil court.

According to the woman's lawsuit in the recent out-of-state case, the woman was at the store one day and was walking in the frozen section. All of a sudden, she reportedly fell as a result of a slippery material on the floor. The woman claimed that she suffered injuries in the fall.

Medication errors among common causes of malpractice claims

When patients seek treatment from doctors, they naturally expect their physicians to properly care for them. If this does not happen, they have the right to take legal action. A wide range of errors on the part of physicians are grounds for medical malpractice lawsuits in West Virginia and elsewhere, including failure to diagnose or medication errors.

A common reason for medical malpractice suits is failing to diagnose the medical condition of a patient. In fact, more than 30 percent of doctors who completed a recent survey stated that this was the reason they had been sued in the past. Failure to diagnose can happen if professional guidelines for diagnostic testing and screening are not followed.

Spinal cord injury patients may be helped by their own minds

Spinal cord injuries in West Virginia can unfortunately lead to the loss of feeling and mobility. However, devices known as neuroprosthetics may help spinal cord injury patients with sensory or motor disabilities to gain control of these senses again. These brain-computer interfaces essentially work by building a connection between a computer and the patient's brain.

The brain-computer interfaces typically involve electrodes that are placed on the skull, in the tissue of the brain or on the surface of the brain. These electrodes measure and monitor the brain's activity when the patient thinks of something. Then, this brain activity pattern can be translated into an algorithm that goes into the computer. Finally, the computer turns this algorithm into commands that generate movement.

Do I have a medical malpractice case?

Although advances in modern medicine have extended life expectancy and reduced mortality rates, there is no guarantee of satisfaction with any medical procedure or interaction with medical professionals. Dissatisfaction with the outcome of a procedure does not necessarily mean you have the basis for a medical malpractice lawsuit.

However, your dissatisfaction with the results of medical treatment can be the first sign that something is wrong with the manner in which you have been treated. It may be your first clue that you have an actionable medical malpractice claim.

Slip-and-fall accidents may occur on university campus

A former university student in another state has claimed that she was injured in a slip-and-fall accident on campus. She therefore recently decided to file a lawsuit against the school. Slip-and-fall accidents sometimes take place on properties in West Virginia and elsewhere due to the negligence of the owners of these properties, in which case the owners may be held liable for any injuries that occur as a result.

According to the lawsuit, the student discovered that a gate near one street entrance to her dorm complex was locked. She then decided to take a pedestrian path that was uneven. At the time, the woman was going back home from a local grocery store.

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