On Monday, August 28, 2015, a Geneva County jury awarded $3.8 million in damages to three people who were struck by a car driven by a “buzzed” driver. The accident occurred on October 15, 2013. Randell and Donna Heard were driving from Hazel Green, Alabama to Panama City Beach, Florida…
Alabama Injury Law Blog
Zofran: Birth Defects Caused by Anti-Nausea Drug?
In the past month, at least three new lawsuits have been filed over birth defects parents allege were caused by Zofran, the popular anti-nausea medication prescribed for off-label use during pregnancy by mothers. This case, filed in California Superior Court on March 30, 2015, follows two others: one filed in…
Pharmaceutical Companies Hit Hard Recently
Big Pharma has taken it on the chin recently in several trials across the country, with juries awarding millions in damages to individuals who’s health and lives were ruined by defective drugs rushed to market with “reckless indifference” to the health and safety of patients. Amid growing concerns over FDA…
Substantive and Procedural Laws: Which States’ Law Applies?
Civil law can generally be divided into two categories: substantive and procedural. Many substantive laws are commonly experienced and understood by the general public. For instance, the tort of negligence is present in everyday occurrences such as car wrecks, and breaches of contract can occur in virtually any type of…
HIP IMPLANT MANUFACTURER AGREES TO $1.43 BILLION SETTLEMENT
On Monday, November 3, 2014, a Kalamazoo, Michigan-based orthopedic device manufacturer, Stryker Orthopedics and Howmedica Osteonics Corp., agreed to pay at least $1.43 billion to settle lawsuits pending around the United States. The lawsuits were filed by thousands of patients who received two (2) different defective hip implants, which were recalled…
The Scariest Part of Halloween Could Be a Lawsuit
While Halloween is a night of fun, the special circumstances surrounding trick-or-treating and parties mean a variety of opportunities to commit actionable negligence. Here are a few thoughts on protecting yourself from liability on Halloween: Don’t leave open candles anywhere outside. While your sidewalk may look great lined with…
2014 GM Ignition Switch Recall & amp; Settlement Fund
Have you been injured while driving or riding in a GM manufactured vehicle? As of August 2014, GM has set up a settlement program to compensate persons injured in several recalled cars. The problem noted in the recall is an ignition defect which cuts power to the airbags, power steering,…
Child Vaccinations vs. Public Education – A Constitutional Quagmire
One intensifying social controversy concerns the vaccination of children. A June 2014 article in the journal Pediatrics reports that 1 out of 10 parents in the United States are refusing to vaccinate their children. The momentum of the so-called “Anti-Vac” movement has been aided by the endorsement of celebrities such…
BP – Let the Drafter Beware
Unless you’ve been living in exile for the past 4 years, you probably have heard your fill about the BP oil spill and oil rig explosion. However, a closer look at what happened, and what continues in the settlement process is a cautionary tale for future contract drafters and negotiators (and…
TRANSVAGINAL MESH MAUNFACTURER AGREES TO $830 MILLION SETTLEMENT
On April 30th, Endo International Plc (“Endo”) agreed to pay $830 million to resolve legal claims filed by women who have been injured by various transvaginal mesh devices. In its annual report filed with the U.S. Securities and Exchange Commission, Endo reported that as of February 2014, the company and…