Faulty Electronic Ciagrette Blows Up in Florida Man's Mouth Severely Injuring Him

Man is injured when an electronic cigarette to explode in his mouth. A defective battery is suspected as the cause, but exact products have not been identified

Prior Traffic Violations Predict Truck Drivers Likelihood of Future Accidents

A recent study of truck drivers' driving behaviors indicates those with prior traffic violations are more likely to be involved in an accident.

Is Karen Sypher Finally Going to Jail Over the Pitino Fiasco....

Looks like Karen Sypher has finally run out of options and is finally going to be sentenced in her conviction for the extortion of Rick Pitino.

Trucking Company Involved In Fatal KY Accident Changes Name To Get Back on The Roads

Arkansas Trucking Company Changes Name In Order To Avoid Order To Take Its Trucks Off The Road Following 11 Person Fatal Accident On I-65 In Kentucky.

A World Without Lawyers

Do we really want a lawyerless society?

KY Supreme Court Rules Widow Entitled to Benefits in Lexington Plane Crash

On Thursday, June 17 the Kentucky Supreme Court ruled in Fortney v. Airtran Airlines that Sarah Fortney, the widow of and administratrix for the Estate of her late husband Clarence Fortney, is entitled to work-related benefits from her husband’s death in the tragic Comair Flight 191 crash at Bluegrass Airport on August 27, 2006.

Ohio Supreme Court Rules Cops Can “Eyeball” Speeding Motorists

In a decision with ramifications for many Kentucky drivers the Ohio Supreme Court on June 2nd handed down a ruling that “a police officer’s unaided visual estimation of a driver’s speed is sufficient” in issuing a speeding citation, as long as the officer is “sufficiently trained and experienced in estimating speeds.”

You Wont' Believe What This Trucker Was Doing When He Killed This Mother of Two....

Truck driver streaming porn and driving while sleep deprived runs his eighteen wheeler over a young mother of two.

Study About Kentucky Court System is Bogus

Too many bogus studies put out by business and insurance interests falsely portray the civil justice system as being unfair to business when nothing could be further from the truth. A recent op/ed reveals the truth about the people behind these studies.

Trucking Company Involved in Second Worst Wreck In Kentucky History Has Poor Safety Record.

A fatal Kentucky accident put semi trucks on the front page news of Louisville’s Courier Journal newspaper. After a wreck between a semi and a passenger van left 11 dead, reporters began to dig deeper into truck accidents and found some unsettling facts.

 

The springboard of the reports resulted from a serious accident that occurred in the early morning hours of March 26^th. A large Mennonite family and other close friends were traveling to a wedding when their van was hit head on by a tractor trailer that had broken through the cable barriers at the median across I-65. According to the article, this wreck was one of the deadliest in Kentucky since the May 14, 1988 crash in Carroll County between a bus full of my classmates from North Hardin and a drunk driver.

 

The National Transportation Safety Board (NTSB) created a six-person investigation team to uncover more details of this wreck. They have yet to determine an exact cause of the accident or a reason why the truck veered off course. Days later, the trucker was identified by the Courier-Journal as Kenneth Laymon who drove for Alabama based company, Hester, Inc.

 

According to federal reports cited in a later Courier Journal article, “Large trucks in Kentucky account for a disproportionate share of the state's fatal crashes…” The Kentucky State Police records show that in 2008, trucks made up 4.6 percent of the state's registered vehicles but unfortunately a disproportionate 8.9 percent of its tragic accidents. Even more disturbing is that accident statistics prove similar nationwide.

 

Things are being done to try to combat the problem. Recent legislation disallowed truckers to text while driving and a new federal regulation will require trucking companies that repeatedly violate driver time limits to install electronic recorders that track how long truckers spend behind the wheel according to an Andrew Wolfson article. Transportation Secretary Ray LaHood sees the regulation as a way of reducing the number of accidents caused by sleeping drivers. It is suspected, though not confirmed, that the lack of brake marks could indicate dozing off could have been the cause behind the Mennonite crash. The problem however is that according to the Federal Motor Carrier Safety Administration, recorders will only be required for companies flagged during on-site reviews but only about 2 percent or less of the 750,000 U.S. trucking companies are reviewed on-site throughout the year.

 

Thanks to the American Association for Justice (AAJ) citizens can do a search state by state of trucking companies and their violations through the Violations Database.

hp

ps be sure to download or FREE E-Book "What The Insiders Don't Want You To Know About Semi-Truck Wrecks."

The Tort Reform Myth Explained....

Below is Andrew Cohen's insightful piece in the Atlantic....

Tort Reform Is Anti-Democratic (And Ingeniously Marketed)

Feb 10 2010, 9:52 AM ET

Drunk Drivers Get Locked Out....

Seeking to reduce the number of Kentucky car wrecks, Kentucky's legislature is considering a new law that would require ignition locks for people convicted of DUI.

Toyota Accelerator Problem May Have Caused Car Wreck That Led To Criminal Conviction

A man convicted of vehicular homicide following a fatal car wreck may be granted a new trial due to the sudden emergence of the Toyota acceleration problem.

Can The Tobacco Companies Get Any More Evil.....

It always seems that everyone wants a piece of big tobacco companies but it seems that the state of Florida may have finally gotten behind them. According to Jordana Mishory of the Daily Business Review, the newest Big Tobacco Strategy is putting the hurt on potential plaintiffs. The article was featured in the Kentucky Justice Association’s weekly clips.

 

According to Florida law, “plaintiffs who obtain a significantly smaller judgment than a rejected settlement offer must pay the other side’s attorney fees.” Particularly in Florida, but also around the country tobacco companies have been offering settlement amounts as low as $500 in wrongful death and negligence cases.

 

Fear on the side of the potential plaintiffs of having to pay opposing attorney fees has caused numerous people to drop tobacco lawsuits. Such was the case with Jerome Cohen of Fort Lauderdale. According to Cohen’s attorney, his client, who suffers from lung cancer, dropped the case because of medical reasons. But Philip Morris USA parent company Altria Group Inc. said the settlement was to avoid paying company legal fees in the case of a loss at trial. Regardless of the reason, Cohen ended up with a mere $1,000 settlement. Two other Florida plaintiffs had to pay $100,000 and $30,000 after losing a trial recently.

 

Altria and other tobacco companies contend that the majority of cases against them are either ill prepared or flawed and in many cases believe that the small settlement amounts they offer are equivalent to what the claims are essentially worth.

 

hans

Louisville Bat Maker Hit With $850k Verdict

            WAVE 3 announced the verdict on October 28^th regarding the case against the maker of Louisville Slugger bats, Hillerich & Bradsby. Guilty. The Lewis & Clark County District Court in Helena, Montana found H & B guilty for failing to place a warning label on aluminum bats the company produced which played a role in the death of 18-year-old Brandon Patch in 2003.

            Judge Kathy Seeley ruled in favor of the Patch family and ordered H & B pay $850,000 in damages. In 2003, Brandon Patch was struck in the head with a baseball coming off of an H & B aluminum bat while pitching in an American Legion baseball game. Attorneys for the Patch family argued that Brandon did not have enough time to react to the ball being hit before he was struck by it. The plaintiffs contended that baseballs hit off of aluminum bats fly at a greater velocity than those off of wooden bats. Although the jury ultimately concluded that the Hillerich & Bradsby aluminum bat was made according to standards and not in any way defective, it still should have contained a warning label for users.

            The Patch lawsuit is just one of several over the past few years against the company because of baseball related accidents. Included are a New Jersey family whose son suffered brain damage after he was struck by a line drive off of an aluminum Louisville Slugger and the parents of an Oklahoma teenager who endured severe head injuries after a similar incident according to an Associated Press article on the case. This is also not the first time aluminum bats have come under fire. Michael Rand of the Minneapolis Star Tribune recorded an account from eight years ago that listed numerous instances of aluminum bat related accidents and injuries. He mentions that before the 1999 baseball season, the NCAA adopted new rules relating to the size of aluminum bats which were copied by The National Federation of High Schools 2 years later.

            The latest verdict is just one of many from the past and left to come against aluminum bat manufacturers. Hillerich & Bradsby Vice President of Corporate Communications Rick Redman released a statement following the verdict expressing the company’s condolences to the family but stated that it was an emotional court decision. Redman maintained that the company violated no rule governing the production of the bat and stated, “The verdict that our company ‘failed to adequately warn of the dangers of the bat’ has left us puzzled. It seems contradictory for the jury to say the bat is not defective but our company failed to warn that it could be dangerous. It appears to be an indictment of the entire sport of baseball.” Reactions to the ruling have resulted in mixed responses but Hillerich & Bradsby have no plans for an appeal.

DWT--Driving While Texting. Death on Kentucky Roads

Will Kentucky pass laws prohibiting texting while driving?  Well, there is a bill pending in the Kentucky state legislature that could do exactly that in 2010.

 

Rep. Rick Nelson, D-Middlesboro, has prefiled a bill for consideration during the 2010 regular session that would make “texting” while at the wheel a no-no.  It also would prohibit drivers under the age of 18 from using any cell phone. Violators would face $50 fines.

 

The Kentucky State Police’s annual report for traffic collision stated there were a total of 962 reported accidents caused by cell phones in 2008. The true number is actually much higher, but a lot of people will not admit to using their phone at the time of an accident.

 

A study conducted by the Virginia Tech Transportation Institution concluded that a driver who is texting is 23 times more likely to be involved in an accident. But even if the bill is passed, it could be difficult for police to enforce.

 

According to Transportation Secretary Ray LaHood, some statistics show that nearly 6,000 people were killed and more than half a million were injured on America's roads last year in crashes linked to texting or talking while driving. As a result, more than 25 states have created some type of law restricting drivers from texting while operating their vehicles and many states have already proposed similar legislation, though it has not yet been passed.

 

Nevertheless it seems some states have been sending mixed messages, almost literally, when it comes to texting while driving according to a USA Today article from mid September. In the piece, Associated Press writer Andrew Demillo explains the possible contradiction resulting from certain states, including those with cell phone laws, sending traffic updates to drivers via text message or Twitter updates. The states argue that these updates are not cause for concern because they stress to drivers to check their messages and updates prior to leaving for their destination. However there are times when these “tweets” turn into an exchange of conversation between motorists and state officials, as demonstrated in Demillo’s article one user posted, “any idea what's going on westbound on 520? It's worse than rush hour..," and within a few minutes, officials responded: "Yes! There is a disabled vehicle just east of Lk Wash Blvd blocking right lane." The danger arises when these types of exchanges are being conducted while moving.

Amidst the talk of texting bans, one large group of motorists was at first absent from the conversation, truckers. In a report by Montana’s News Station, High Plains Owner and Operator Doug Landru was quoted in response to distracted drivers saying, “People don't realize they're sitting in a 4,000 pound weapon.” On the same token, distracted truck drivers are often behind the wheel of roughly 80,000 pounds and in most cases doing so while operating cell phones, radios and even laptops. But to that, Landru commented that to him a cell phone and internet are vital and Oregon trucker Edwin Parrish agreed saying, “Being able to check my text messages or my email messages, I'm able to know when I'm supposed to be some place.”

 

 Fox 4 out of Kansas City, MO reported that several trucking companies are concerned about a texting ban because they use on board computer systems for communication. Nevertheless, a study at Virginia Tech University found that truckers driving while using the computers were 10 times more likely to have an accident. Often, the devices are disabled for use while driving, but not all are turned off and there is no way to tell whether or not they are being used while operating the vehicle. According to LaHood, the Obama administration will ban texting by truck drivers and restrict the use of other in-cab technologies as part of its effort to eliminate distracted driving.

 

Texting while driving has become such an issue in Kentucky that a statewide media campaign has been launched including a public service announcement by a Louisville girl involved in a wreck due to texting.

 

hp

The Secret Reason Why There Are So Many Semi-Truck Wrecks…

It is a well known fact that the odds of you, your car, truck or SUV winning in an interstate battle with an 18-wheeler are slim to none.  So far in September, Kentucky has seen the effects of semi-truck accidents when an I-64 accident killed a Mt. Sterling man, and a Daviess County woman was struck on Audubon Parkway on the same day. But most people may be unaware of why these accidents are happening in the first place. We all know that foul weather, icy roads, alcohol are often catalysts precipitating car and truck accidents, and for the most part, most drivers often increase their efforts to avoiding the road during these times.

 

So it may surprise you to learn in 2002 71% of truck accidents in Kentucky occurred in good weather and on dry roads, 75% occurred during the daytime and 88% on weekdays when driving is part of the daily routine. In fact, there were no contributing weather conditions at all in 78.6% of Kentucky truck accidents.

 

So if bad weather isn’t causing the wreck, what gives?

 

One of the top reasons for accidents is driver fatigue which can lead to dozing off or distraction related accidents in Kentucky and across the nation.  According to the Insurance Institute for Highway Safety, “truck drivers behind the wheel for more than 8 hours had a twofold increase in crash risk…truckers’ long work hours cause sleep deprivation, disruption of normal sleep/rest cycles and fatigue.” Despite this statistic, in 2004 a new federal work rule went into effect allowing truck drivers to drive for up to 11 hours per day.  And this was an improvement over the previous rule!  The new rule’s goal was to improve safety but the Institute's survey showed the opposite as truckers are using new provisions to squeeze even more driving hours into the week. Just see this blog post by a real trucker who seeks to unveil the truth behind the profession.

 

And the driving force in money! Truck drivers drive more hours to get deliveries dropped off faster which then leads to more deliveries and essentially more money and higher satisfaction.  According to the National Highway Traffic Safety Administration, driver fatigue is responsible for an estimated 100,000 motor vehicle accidents and 1500 deaths each year.

 

Let’s put two and two together. Sleepy truck drivers plus sleepy car drivers equal accidents. Not to say that there aren’t a plentiful variety of other reasons causing truck accidents, but this is a factor each of us can control to some degree.  I know that if there was one thing that could prevent me from being in an accident, I would make sure to keep it in mind. Perhaps being alert and awake can help us recognize and avoid other drowsy drivers.  So get more sleep!

Hans Interviewed on 840 Whas On Commonwealth Dodge 100mph Accident Case

Francene of the Francene Show on 840 WHAS read my recent blog and wanted to know more about why Commonwealth Dodge may be liable for the deaths of two people involved in the 100 mph test drive that resulted in a car wreck this weekend.  The interview aired live this morning.

You can download the interview here:

Is Commonwealth Dodge Liable for Fatal Wreck on Fern Valley Rd

Tragedy happened today in Louisville, Kentucky when a Dodge Challenger on a test drive from Commonwealth Dodge was involved in a fatal crash with a Mercury Sable.  The two occupants of the Sable were both killed and the driver of the Challenger was arrested.  According to some news reports, the Challenger may have been driven at a high rate of speed. Wave 3 news reports witness Rick Lee said, "I heard the car racing down through here and of course, they race down through here all the time, and it kind of got mine and my son's attention. When we got up to try to see the aftermath of what was going down the road, we heard an impact."

According to the Courier Journal, a Commonwealth employee was a passenger on the test drive.

This leads to the obvious question.  Can Commonwealth be held liable for the two deaths.  I see two potential ways the dealership can be held liable.  First, liability insurance follows the vehicle.  This means that the owner of the dealership must provide liability insurance for every vehicle on its lot. So, even though a Commonwealth employee wasn't driving, the dealer's auto insurance will still have to provide coverage. 

The second cause of action against Commonwealth Dodge could be filed based on the conduct of its employee that was on the test drive IF it can be proven that the salesperson allowed the driver to speed or drive in a reckless manner.  The dealership would be liable under the theory of respondeat superior, a legal term that means the employer is liable for the actions of its employees.  Here, the dealer's Commercial General Liability (CGL) policy would provide coverage.

Here, it will be important to obtain as many witness interviews as possible as soon as possible.  Unfortunately, memories fade and stories change the farther away in time interviews are conducted. 


Hans

p.s. As a side note, this story was of particular interest to me because at age 18 I test drove, and wrecked, a Toyota MR2 while on a test drive.  Fortunately, no one was hurt.

Why The Michael Jackson Wrongful Death Lawsuit May Be Worthless....

Well, it hasn't been filed yet, but there's no doubt its coming-- a wrongful death lawsuit by the Estate of Michael Jackson.  Some lawyers are calling it the "mother of all medical malpractice lawsuits."

Well I say, "not so fast my friends."  The wrongful death lawsuit may be virtually worthless. Here's why.

The primary component of damages that the Jackson Estate would be allowed to claim in a wrongful death suit is the loss of future earning.  This would include concert ticket sales, royalties from albums, and commercial endorsements, any appearance fees, etc.  In fact, Jackson was scheduled to start a 50 show tour later this year.

So, it should be simple to calculate the loss to the Estate, right?  You simply hire an expert economist, an expert promotor, an expert music producer and manager and you have them estimate how much MJ would have earned over his projected lifetime.  That would then be the loss to the Estate and it would then have the right to recover that amount amount from the negligent parties (assuming there are any).

That is would typically happens in wrongful death cases, albeit it on a much smaller scale; however, here, that formula may not work for one simple reason....

Celebrities often make more after their death than when they are alive. Or, to put it another way, Jackson's Estate may INCREASE in value as a result of his death.

For example, according to Forbes Magazine, in 2007 Justin Timberlake pulled in $44 million; Madonna $40 million. Not bad by anyone's standards.  But compare that to Elvis Presley's $52 million and you start to see where I'm going.  Elvis has been dead for 32 years yet his Estate is making more today in one year than he made over his entire career when he was alive.  In fact, Elvis even has his own station on Sirius Radio. 

Every October, Forbes compiles its list of the 13 richest dead celebrities.  In 2008, the ranking were as follows:

The Lucky 13

1. Elvis Presley ($52 million)
2. Charles M. Schulz (Peanuts + Snoopy = $33 million)
3. Heath Ledger ($20 million)
4. Albert Einstein ($18 million in 2007, think Baby Einstein videos!!!)
5. Aaron Spelling ($15 million)
6. Dr. Seuss (Theodor Geisel)($12 million)
7. John Lennon ($9 million)
8. Andy Warhol ($9 million)
9. Marilyn Monroe ($6.5 million)
10. Steve McQueen ($6 million)
11. Paul Newman ($5 million)
12. James Dean ($5 million)
13. Marvin Gaye ($3.5 million)

This will likely be the case with Jackson's Estate as well.  The "King of Pop" will likely equal or surpass the "KIng of Rock N Roll" in the post-death celebrity earnings category.  Let's face it, when you think Hollywood you think James Dean and Marilyn Monroe, but when you think music, you think of Elvis and Michael.

In fact, according to the Wall Street Journal, it may have already started.  According to an article about Apple's projected earning in the WSJ,  "Michael Jackson’s death did move some recordings.  According to The Journal’s Ethan Smith, U.S. retailers sold 415,000 albums by Michael Jackson in the four days following his June 25 death, according to Nielsen’s SoundScan. That’s compared with fewer than 10,000 copies that were sold in the previous full week. Over half of those sales were digital downloads made on services such as iTunes and Amazon.com’s AmazonMP3."  Apparently, Jacksons fans appreciate his music more now that he's gone.  Interesting. 


And that, my morbid readers, is why the Jackson wrongful death lawsuit may not be frivolous, but it may be worthless. 

hans

How (Not) to Hire a Lawyer....

Previously, I posted The Truth about TV Advertising Lawyers.  I later learned I wasn't the first person to point out the obvious.  Aaron Larson, a Michigan attorney, has a website devoted to answering the question "how to hire a lawyer." 

On it he discusses the benefits of hiring a contingent fee attorney, "Many attorneys take certain types of civil suits, particularly personal injury cases, on a "contingent fee" (or "contingency fee") basis, where they do not charge an attorney fee unless they recover money for you. Please note that there are legal costs involved in litigation, and that ordinarily you will be required to repay those costs even if you lose. Almost every state limits contingent fees for personal injury and workers' compensation cases. If your case is potentially worth a lot of money, you may be able to negotiate a reduction of the attorney's contingent fee -- however, the best personal injury attorneys are sometimes able to recover substantially more money for their clients than attorneys with lesser skills, resulting in a greater award to you regardless of the percentage taken by the attorney." (emphasis added)

He goes on to explain "One of the best ways to find an attorney is to consult an attorney you trust. If you do not know any attorneys, ask your friends for names of attorneys they trust. It is not important that the attorney can handle your case -- what is important is that the attorney is likely to comprehend the issues of your case, and is well-positioned to know which attorneys in your community have the skills to handle your case. Even if the attorney cannot personally take your case, he will often be able to refer you to an attorney who can."

He also cautions, "A number of commercial on-line directories claim to screen their attorneys, or claim to list only highly qualified attorneys. Most are not being completely honest. Regardless of their promises, most on-line directories will list any attorney who pays the required fee, and there is absolutely no guarantee that the listed attorneys are qualified to handle your case."

And finally, he issues the same warning I did in my post.  "Should I hire the guy with the 1-800 number, and all of the ads on TV?

Generally speaking, television and radio advertisements are a bad way to find an attorney. Many advertisements are paid for by referral agencies, which collect large numbers of calls and then divide them up between member attorneys. Even when the advertisements are paid for by a law firm, often many of the cases are referred out to other firms who share the enormous cost of advertising. Most of the time, the attorney with the big advertising campaign will not have an office near you. Unless your case is worth a lot of money, you may well find that you are quickly referred to a different firm or that you can't get much attention for your case. There is something very important to remember, when it comes to hiring a personal injury lawyer -- some of the best personal injury attorneys do little or no advertising. They get their cases through "referrals" from other attorneys, due to their reputations for doing good work and getting good results. Should I hire the guy with the big "yellow pages" ad? If you look at the "full page" ads in the yellow pages, you will likely find that there are two types. The first type is an ad for a local attorney, who has chosen to pay for the full page. The second type is an ad for an attorney from outside the area, sometimes from the same attorney who runs the huge television ad campaigns. Typically, the biggest ads are from "personal injury" firms, who hope that their large advertisements will bring them large numbers of injury cases. The better personal injury attorneys and firms typically do pay for full-page ads. However, as was previously noted, some of the best personal injury attorneys do little or no advertising at all. Also, there are many attorneys who buy the largest ad that they can afford, in order to make their practices appear better than they really are. If you look through the yellow pages, you will see that most attorneys claim to specialize in "personal injury" cases. Many of these attorneys have handled very few personal injury cases, and some have never had even a single personal injury case. The yellow pages can provide some degree of confirmation that a particular law firm is established, but even a big advertisement does not certify that a firm is qualified to handle your case."

Hans

"Admit nothing. Deny as much as possible. Stall. Protect, protect, protect. Blame somebody who isn't here to protect himself."

  "Admit nothing. Deny as much as possible. Stall. Protect, protect, protect. Blame somebody who isn't here to protect himself."  Rick Bozich, Louisville Courier Journal, Max Gilpin, The Real Loser in JCPS Report, July 1, 2009

Bozich's article was a scathing indictment of the "investigation" into the death of a 15 year old boy during football practice at a Jefferson County, Kentucky public high school.  The death, and the tragic circumstances surrounding it, have made national news. 

However, this post isn't about that.  Instead, this post is about why no one should be surprised that a defendant would refuse to accept responsibility for its actions. 

As a lawyer that represents people that have been injured as a result of someone else's negligence or misconduct, I see defendants utilize this above strategy everyday in litigation. 

Blaming the victim has long been the strongest weapon in a defense attorney's arsenal.  And it matters not what kind of case it is.  Failure to diagnose breast cancer?  The patient should have sought out a second opinion when her first doctor told her she was cancer free.  Rear-end car wreck?  Injured driver had a pre-existing condition that is unrelated to the accident.  No matter what the kind of case, the defendant always seeks to shift responsibility to the injured party.  Without fail.

And it works.  If you don't believe me, all you have to do is read any of the comments to any online newspaper article and you will see post after post blaming the victim instead of the wrongdoer (most recently in the Louisville Zoo lawsuit they blame the victims and their lawyer, too).

I find this behavior inconsistent with the oft spoken mantra of tort reformers that we need more "personal responsibility."  It seems that what people really want is for innocent injured people to take responsibility for someone else's snegligence.  How else can you justify blaming injured patients when their doctor makes a mistake?  You can't.  At least you can't do so and remain intellectually honest. 

The simple fact of the matter is that deny, delay, defend and blame is business as usual for defendants in litigation, especially corporate defendants and insurance companies. 

Sorry, Bozich.  Sadly, that's just the way it is.  And not just for poor Max Gilpin's family, but for any person that gets injured and seeks justice. 

Hans

Leveling The Playing Field...

Recently, a local Louisville personal injury lawyer filed the first lawsuit against the Louisville Zoo for injuries his client received after the zoo's train derailed.  Nothing unsual about it.  Nothing unusual at all, including the sarcastic and baseless attacks that were launched against the attorney on the Courier Journal's website in the comment section following the story.

What people don't understand is that most personal injury lawyers don't file baseless lawsuits.  There's no money in doing so.  Trust me, insurance companies don't pay big money for frivolous claims (heck, they seldom pay big money for legitimate claims).  A lawyer that works on a contingency fee (meaning she doesn't get paid unless she wins money for her client) has no incentive to file a lawsuit and incur thousands if not tens or hundreds of thousands of dollars in expenses getting the case ready for trial.  Think I'm exaggerating?  I'm not, in my last three trials we spent in excess of $100,000 getting each of them to trial.

Contingency fee lawyers are just like any other business owner, they must turn a profit to pay the salaries of their employees, the rent, and other overhead and expenses.  If they fail to do so, they are not in business long.  My respected colleague John Day in Nashville has a great post on this topic.

Hans

Guess What Forbes Magazine Says We Need More Of? The Answer Will Shock You....

It's no secret that Forbes Magazine hates lawyers.  Especially trial lawyers.  After all, aren't the trial lawyers the ones running the economy into the ground, forcing those nice insurance companies to raise premiums and making it impossible for doctors to deliver babies? (don't forget trial lawyers are also probably responsible for acide rain, global warming, famine, locusts, termites, etc.)

So, why is Forbes now saying we need more trial laywers, not less?!  Well it seems that Forbes is concerned with all of the foodborne illness that come from contaminated foods that are not properly prepared or packaged.  William Baldwin writes "One possible solution is more government and more laws. Those familiar with the proclivities of this magazine will not be surprised that I take a dim view of this solution (and, in particular, of the proposed Food Safety Modernization Act, which would bury food preparers in paperwork). No, I would prefer to have the same government and the same laws, but--here's the surprise--more tort lawyers."

Baldwin concludes by saying "Add technology to tort law and you get a powerful force for safety."

Something us trial lawyers have known and preached for a long time.  However, it isn't limited to food, you can thank lawyers for seatbelts, airbags, kids pajamas that don't burst into flame, and a million other things that keep people safe.  It's about time someone over at Forbes recognized the vitally important role lawyers play in society.

hans

FDA Warns "Stop Using This Diet Drug RIght Now."

One of the fundamental problems with most diet supplements is that they don't have to go through a Federal Drug Administration approval process.  There are simply too many diet supplements on the market for the FDA to test, approve and monitor all of them.  This leads to a lot of products we put in our bodies being untested by any meaningful organization to ensure they aren't harmful.

Because the FDA isn't involved in the process on the front end, the best they can do is to ask that products be pulled on the back end, once there is a question about safety.  That's exactly what happened this past week went the FDA warned consumers to STOP using the popular diet and energy supplement Hydroxycut.

You can see an Associated Press video of the recall here:

"The Food and Drug Administration said the company that makes the dietary supplement has agreed to recall 14 Hydroxycut products. Available in grocery stores and pharmacies, Hydroxycut is advertised as made from natural ingredients. At least 9 million packages were sold last year, the FDA said.   Dr. Linda Katz of the FDA's food and nutrition division said the agency has received 23 reports of liver problems, including the death of a 19-year-old boy living in the Southwest. The teenager died in 2007, and the death was reported to the FDA this March. Other patients experienced symptoms ranging from jaundice, or yellowing of the skin, to liver failure. One received a transplant and another was placed on a list to await a new liver. The patients were otherwise healthy and their symptoms began after they started using Hydroxycut."  Katz went on to say "Part of the problem is that the FDA looks at dietary supplements from a post-market perspective, and an isolated incident is often difficult to follow."  Public health researcher Ano Lobb, who has studied Hydroxycut and other dietary supplements for Consumer Reports, said "You really have to be careful about dietary supplements, especially weight-loss pills. People believe that the FDA has verified that these products are at least safe and effective, and that's really not the case. When you see fantastic claims _ that's generally what they are."

The recall covers the following 14 products:

The following products are covered by this voluntary recall:

• Hydroxycut Regular Rapid Release Caplets
• Hydroxycut Caffeine-Free Rapid Release Caplets
• Hydroxycut Hardcore Liquid Capsules
• Hydroxycut Max Liquid Capsules
• Hydroxycut Regular Drink Packets
• Hydroxycut Caffeine-Free Drink Packets
• Hydroxycut Hardcore Drink Packets (Ignition Stix)
• Hydroxycut Max Drink Packets
• Hydroxycut Liquid Shots
• Hydroxycut Hardcore RTDs (Ready-to-Drink)
• Hydroxycut Max Aqua Shed
• Hydroxycut 24
• Hydroxycut Carb Control
• Hydroxycut Natural

I predict this will lead to mulitple lawsuits over the safety of the diet supplement for people who have possibly been injured as a result of using it.  These lawsuits will likely be filed as a class action or, perhaps, individual lawsuits will be combined in  a multidistrict litigation (MDL).  A second kind of lawsuit will likely be filed for those consumers that weren't physically injured but who purchased an unsafe product and will not use any remaining product because of the recall.  These consumer's are entitled to receive the purchase price returned becuase these sales likely violate various state's consumer protection laws.  These claims can be brought by individuals or, perhaps, by states' Attorneys General.

I predict that hundreds if not thousands of lawsuits will be brought by users of Hydroxycut against the Canadian company lovate Health Sciences USA Inc.

If you want more information on the recall or your rights, feel free to contact us.

hans