Charlotte Personal Injury Lawyer - Miscellaneous

2 NC judges nominated to fill vacancies on the 4th Circuit Court of Appeals.

Greg Jones — Thu, 05 Nov 2009 09:51:09 GMT

President Obama has nominated two North Carolina judges to fill vacancies on the U.S. Court of Appeals for the Fourth Circuit. Wednesday, Obama nominated Judges Albert Diaz and James Wynn to fill seats in the appeals court.

Diaz currently serves as a special superior court judge for complex business cases commonly reffered as "Business Court". Wynn is currently on the the North Carolina Court of Appeals.

In 2001, Diaz became the first Latino to take the bench in the North Carolina Superior Court.

Wynn chairs the ABA's Judicial Division.

According to Sen. Kay Hagan, D-N.C., since 1801, only six North Carolinians have served on the U.S. Court of Appeals for the Fourth Circuit. Currently, Judge Allyson Duncan is the only judge from North Carolina sitting on the court.

I have had the pleasure to know Judge Wynn for quite some time through the North Carolina Advocates for Justice. Recently I appeared before Judge Diaz on a very complex securites matter. Both are fine jurists and a credit to the North Carolina Judicial System.

Originally posted at InjuryBoard by Greg Jones

I Can't Believe It's Not Butter Better Believe! or Country Crock is full of Crock

Greg Jones — Mon, 02 Nov 2009 14:51:16 GMT

Several consumers filed a class action against manufacturer Unilever U.S. Inc. accusing the maker of I Can't Believe It's Not Butter! and Country Crock brands of cholesterol-free margarines of marketing the butter alternatives as healthy although they contain dangerous amounts of trans fat.

The lawsuit contends that Unilever marketed the popular I Can't Believe Its Not Butter!, Country Crock and other margarine brands as being cholesterol-free and good for cardiovascular health despite the fact that each allegedly contains dangerously high levels of artificial trans fats, a toxic food additive banned in many parts of the world.

Trans fat, it says, raises the risk of chronic health disease more than any known nutritive product by raising the levels of the most dangerous form of LDL, or bad, cholesterol and lowering levels of HDL, or good, cholesterol..

Trans fat may also cause type 2 diabetes and has been linked to causing breast, prostate and colorectal cancers, according to the complaint.

Make sure you know what you are buying and become your own health advocate. Look at the labels and educate yourself and your family as to what foods, drugs and supplements you put into your body.

Originally posted at InjuryBoard by Greg Jones

Fosamax Trial ends in Mistrial

Greg Jones — Wed, 16 Sep 2009 10:18:28 GMT

The first trial over Merck & Co. Inc.'s osteoporosis drug Fosamax has ended in a mistrial Friday after the jury told the court it was deadlocked and unable to reach a unanimous verdict.

The mistrial came two days after the judge, ordered a daylong break from deliberations as reports emerged of tension among the eight jurors.

The Plaintiff's lawyer moved for the mistrial Friday morning, said jurors could be heard shouting during deliberations.

The judge ordered a “cooling off” period on Wednesday after two notes were sent from the jury room indicating that tempers were flaring after nearly a week of negotiations, with one juror claiming to have been bullied and threatened.

The Boles trial was the first of three bellwether trials scheduled to take place in the multidistrict litigation over Fosamax.

Boles, a 71-year-old Florida woman, claims she developed osteonecrosis of the jaw, a disease where the jawbone partially rots. She claims Merck overstated the drug's benefits and concealed its harmful effects.

The drugmaker faces roughly 900 Fosamax product liability cases nationwide, consisting of about 1,280 total plaintiff groups, according to the company.

Merck changed Fosamax's label in 2005 at the urging of the U.S. FDA to warn patients of the potential risks associated with the drug.

The Plaintiffs attorney expected a retrial would be scheduled for next year.

Originally posted at InjuryBoard by Greg Jones

Stevens Johnson Syndrome caused by NSAIDS

Greg Jones — Tue, 30 Jun 2009 17:36:57 GMT

NSAIDS (non-steroidal anti-inflammatory drugs) reduce pain and inflammation in patients suffering from ailments such as arthritis and menstrual pain. Standard NSAIDS are pills such as aspirin and ibuprofen. These standard NSAIDS may cause stomach problems due to a reaction that stops production of an enzyme that protects the lining of the stomach. Newer NSAIDS however, do not have the same affect on the stomach lining due to different enzyme inhibitors added to the drug. Because of this, patients could take the NSAIDS without suffering the side affects of stomach problems. These recent NSAIDS have not been without their problems however, as they are now being linked to new problems involving skin conditions such as Stevens Johnson Syndrome, a potentially deadly and dangerous skin disorder.

Many producers of drugs such as Daypro, Feldene, and Bextra have been linked to this skin condition, and have been scrutinized due to their lack of warning as to the potential side affects. In some instances the companies were made aware of the potential side affects such as SJS (Stevens Johnson Syndrome) however they still went ahead with the drug's release.

SJS is a life threatening disease. The symptoms of which include inflammation, lesions, blistering in the mouth, eyes, genitals, and skin peeling/rashing. This disease can be caused by a variety of infections, and in some cases the cause may never be determined. Doctors can sometimes misdiagnose SJS and in some cases even prescribe a higher dosage of the drug which might in turn harm the patient further. Even if SJS is diagnosed, no treatment can cure SJS once it has begun. The only step that can be taken is the discontinuation of the medication causing the disease and the beginning of medication to soothe the side affects.

SJS is a very harmful and potentially deadly skin disorder. If you, or anyone that you know has been using NSAIDS or suffering from any of the symptoms listed above, please contact your physician or medical care provider. If necessary seek a second opinion to ensure proper diagnosis. As always, stay safe, and stay healthy.

Originally posted at InjuryBoard by Greg Jones

Spark Ignites Boat Explosion on Lake Norman

Michael Chandler — Thu, 12 Jun 2008 10:43:04 GMT

A preliminary investigation has revealed a spark ignited gas vapors causing the explosion of an 80 foot charter yacht following a graduation party on Monday. The investigation is still underway by the North Carolina Wildlife Resources Commission. Once the boat is lifted from the water, investigators will attempt to determine what caused the spark.

Scott Loftin, an official with the Wildlife Resources Commission stated that it appeared from initial reports that proper procedure was being followed during the routine refueling process. InjuryBoard will continue for follow the investigation and provide additional details once more information becomes available.

Unfortunately the Charlotte Observer is reporting, the body of Nate Coppick, who was missing since the explosion, was recovered Wednesday

Originally posted at InjuryBoard by Michael Chandler

Was Negligence the Cause of a Boat Explosion on Lake Norman?

Michael Chandler — Wed, 11 Jun 2008 09:19:08 GMT

It was just after 4:00 on a sunny Tuesday afternoon on Lake Norman just north of Charlotte, North Carolina. The Champion II, an 80 foot party yacht had just been docked following a graduation party cruise. In fact the celebration had just slowed down when a massive explosion rocked the Westport Marina as the large vessel was being refueled.

As of early this morning a nineteen year old college student was still missing following the incident. As the search resumes this morning, the question still remains what caused the explosion that has lead to Nate Coppick’s disappearance. One of the likely causes for these types of explosions is negligence. As the investigation continues, InjuryBoard will continue to monitor the case and provide updates as they occur.

Originally posted at InjuryBoard by Michael Chandler

Law Gone to the Dogs

Michael Chandler — Mon, 12 May 2008 14:14:12 GMT

Our firm fields calls everyday from injury victims as well as concerned citizens about “dangerous dogs”. Most jurisdictions have laws which regulate dogs that have been classified as “dangerous”. The problem is local officials often do nothing to enforce these laws.

The result is dogs that attack, bite and injure are often returned to the owner for the same nightmare to occur time after time to others. In recent years dog attacks have received increased media attention. Often public scrutiny can put pressure on localities to enforce laws designed to protect the public.

If you are concerned about your public safety you need to make sure any and all incidents involving aggressive dogs are reported to the local animal control authorities. This includes dog on dog attacks, dog attacks that do not produce injury and even loose or unattended dogs. In addition if an injury does occur from a dog attack, consult with an attorney to see if you have legal rights that need protecting.

Originally posted at InjuryBoard by Michael Chandler

'An Insurance Company's Dream'

Michael Chandler — Mon, 25 Feb 2008 14:48:02 GMT

The title of this article is how a Winston-Salem; North Carolina personal injury attorney describes the archaic law of contributory negligence. The comment arises in a Winston-Salem Journal article describing the injustice to 7-year-old Luly Beckles-Palomares who was riding her bike in a quiet residential neighborhood when she was struck and killed by a drunk driver who had already beaten 3 previous drunk driving charges.

The law of contributory negligence is alive and well in North Carolina as it is in 3 other states and the District of Columbia. In a nutshell the law precludes recovery for injuries and damages for the negligence of others provided the victim contributed in anyway to the injury. That means if a defendant in a civil case is determined to be 99% at fault and the victim is determined to be 1% at fault the victim is totally bared from recovery. There are some exceptions such as intentional negligence, willful and wanton conduct and last clear chance but for the most part the doctrine acts as a total bar to recovery.

Because the law is so harsh most states have come into the modern era and replaced contributory negligence with a form of comparative negligence where the amount the victim can recover is based on the percentage of the defendant's liability. In North Carolina both the Appellate Courts and the legislature have looked the other way while the insurance industry has employed armies of lobbyists and lawyers to insure the systems remain in place. When a change of the law is proposed, the insurance company lobby will not even discuss the issue without demanding a slew of concessions to slant another area of tort law in their favor.

In North Carolina and other states that hold on to this ancient and outdated law, it is time for a change and the change should not require the citizens to give up one right for another. If you live in a contributory negligence state (North Carolina, Alabama, Maryland, Virginia or the District of Columbia) write your elected officials and demand a change. If you do not do it for yourself, do it for the hundreds of victims like Luly who are victimized each year by this hard cold law.

Originally posted at InjuryBoard by Michael Chandler

North Carolina High Court Issues Ruling to Protect Consumers

Michael Chandler — Fri, 25 Jan 2008 15:29:13 GMT

The North Carolina Supreme Court decided an important case in favor of North Carolina consumers earlier today. In the case of Tillman v. Commercial Credit Loans, et. al., the Court determined an arbitration clause in a consumer loan agreement was unconscionable; paving the way for the plaintiff and others like her to bring their claims in court.

In reaching its decision, the Court determined the CitiFinancial arbitration clause exposed consumers to unreasonably high costs making it financially unfeasible to even bring the claim. This was especially true for the plaintiff in this case and many like her who have limited means and find they are taken advantage of by these types of loan agreements. The Court also found the arbitration clause was one sided, it prohibited the joinder of claims and excluded class actions.

Now hundreds if not thousands of North Carolina residents who are victimized by oppressive loan agreements will now have access to justice. Without having to incur excessively high arbitration costs and with the ability to join claims and gain class action status, consumers will more easily be able to find North Carolina consumer attorneys who are able to bring claims on smaller cases which before were economically unfeasible. Today was truly a good day for consumers across the state of North Carolina.

Originally posted at InjuryBoard by Michael Chandler

Man Sues Railway Company for Personal Injury

Shannon Weidemann — Thu, 30 Aug 2007 14:49:59 GMT

A worker for Kansas City Southern Railway is suing the company for personal injury and slander after he was hurt on the job and then belittled in front of coworkers. The work accident happened in June of this year.

Armed with the Federal Employer Liability Act, Smith is suing KCS Railway for keeping an "old" and "poorly maintained" ballast car with "hard to open" doors in service and Adcock for slander.
According to the plaintiff's original petition, on June 22 while working as a tamper operator, Smith was instructed to unload ballast out of a rail car. While using a bar to open the rail-car door to release the ballast, Smith suffered a back injury.

His supervisor told him he was a liar when informed of the injury in front of his coworkers. The man alleges he suffered severe back and nerve damage due to unsafe working conditions.

He is asking for damages for his medical care, his loss of work, and emotional distress. The case will be heard in Jefferson County District Court.

For more information on this subject matter, please refer to the section on Workplace Injuries and Discrimination.

Originally posted at InjuryBoard by Shannon Weidemann