Our Ohio Personal Injury Lawyers Will Represent the Seriously Injured in Columbus and from Cleveland, Toledo, Akron, Canton and Youngstown to Cincinnati and Dayton; Our Ohio Attorneys are Auto Motorcycle and Big Rig Truck Accident Lawyers, Product Liability and Serious Injury Premises Fall Attorneys, Medical Malpractice Lawyer, Food Poisoning Attorney and Elder Abuse Lawyers.
Our Ohio personal injury lawyers will consider representing those seriously injured in auto accidents, including motorcycle and big rig truck accidents, or as the result of a product defect, including as pharmaceutical and medical device product liability attorneys. Our serious injury premises liability lawyers represent those injured in falls on residential property, commercial and publicly owned property. Our medical malpractice lawyers will consider the broad spectrum of physician, hospital and health care negligence cases, including obstetrical and birth injury lawsuits. Our food poisoning lawyers will consider serious illness cases involving the panoply of biological food contamination, including E. coli HUS and TTP lawsuits. And our elder abuse lawyers will consider cases of elder physical abuse, neglect and abandonment as well as senior psychological abuse cases. Our Ohio personal injury attorneys will consider representing potential clients injured as the result of negligence and other wrongful conduct within our practice areas throughout the state of Ohio from Toledo, Cleveland, Akron, Canton, Parma and Youngstown to Columbus, Cincinnati and Dayton. Our Ohio personal injury lawyers practice areas are listed on our "Practice Areas" menu at the top left of this page, linking to topic pages where we provide information with regard to the legal theory and strategies which can be employed in auto, motorcycle and big rig truck accident cases, including our auto accident lawyers strategies for solving the "collectability" issue often the greatest challenge in serious injury auto accident litigation where the other driver is found to carry insurance inadequate to compensate the plaintiff for his full measure of general and special economic damages.
On the practice areas pages our product liability lawyers discuss the panoply of products that may be found to be defective in their design, manufacture or warnings, based on negligence or strict liability, including pharmaceutical product liability and the options to file product liability cases independently or in the context of Ohio or national class actions. Our Ohio premises liability lawyers, colloquially described as "slip and fall" or "trip and fall" attorneys will discuss their concentration on serious injury premises liability lawsuits against commercial and residential property owners, as well as against city, county and Ohio state public entities for defective construction, safety hazards and negligent property maintenance. On our food poisoning lawyers practice area page we discuss both individual cases involving serious illness resulting from inadequate food management policies or practices in restaurants, as well as "outbreak" cases, in which a food product may be contaminated at the place where it is grown or as the result of contamination at the place where the food was processed, leading to the illnesses, including serious illness and often the deaths of many across the many states in which the food products were distributed and sold in retail stores.
Our Ohio elder abuse lawyers will in turn discuss the tragedy of elder physical abuse, neglect and abandonment, and senior psychological abuse commonly perpetrated by the employees of retirement homes, senior convalescent centers and nursing homes. Our elder abuse lawyers are concerned that often senior mistreatment, including physical abuse may go on for years without the family discovering it, often because the senior fears retaliation by those upon whom he depends for his daily sustenance, drugs, and medical care. What our Ohio elder abuse attorneys offer, therefore, are some suggestions for identifying senior abuse, maintaining an alertness to the signs of physical and psychological abuse, and signs in the behaviors of staff at the nursing or retirement home, including the cold employee or convalescent center staff member who is overly affectionate to your elder family member, always insisting on being present during your visits with your loved one.
Our Ohio personal injury attorneys, auto accident lawyers, motorcycle and big rig truck accident attorneys, product liability and drug defect or side effect lawyers, serious injury premises liability attorney, medical malpractice lawyer, food poisoning and elder abuse attorneys will consider representing the seriously injured throughout the state of Ohio, from Cincinnati and Dayton to Columbus, Youngstown, Canton, Cleveland, Toledo and Akron.
We offer free consultations. Simply submit the "Contact" form and one of our Ohio personal injury lawyers appropriately qualified in the relevant practice area and experienced in serious injury litigation will call you to discuss the facts of your case and offer our preliminary case evaluation and recommendations.
Because it is applicable to all serious injury cases arising in each of our practice areas, on this page our Ohio personal injury lawyers will first discuss our serious and catastrophic injury lawyers strategies for maximizing the opportunities for obtaining complete compensation for the full measure of the client's general and special economic damages, including the complex preparation of the seriously injured client's future medical expense and future earnings loss claims. As "simple" as may appear the liability in a particular auto accident or premises liability case, or as obvious a surgeon's error in closing after surgery leaving behind a sponge that leads to serious infection and organ damage, or a product manufacturing defect, such as a car tire that explodes causing the driver to lose control, or a food processor's contamination of it's product by improper sterility controls, or a retirement home employee's beatings of a senior loved one, EVERY serious injury case is complex in the Ohio personal injury attorney's responsibilities to engage the teams of experts essential to demonstrate the full measure of his client's general and special economic damages.
Our Ohio Serious Injury Trial Lawyers Discuss the Preparation of General and Special Economic Damages in Motorcycle, Auto and Big Rig Truck Accident Cases, Product Liability, Medical Malpractice and Food Poisoning Lawsuits, and Premises Liability and Elder Abuse Litigation; Our Ohio Personal Injury Attorneys Will Consider Representing the Seriously or Catastrophically Injured Throughout the State, in Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Parma, Youngstown and Canton.
Our Ohio personal injury lawyers begin our discussion of our practice with this section on the complexity involved in preparing and presenting general and special economic damages in serious injury cases generally because it is a subject that is applicable to serious and catastrophic injury cases arising in all of our practice areas. The potential client who is seriously injured in an Ohio auto accident in which the other car or big rig truck ran the red light, or another who suffers a serious or catastrophic injury at an Ohio commercial establishment, or residential complex or on public property because of an obvious defect in the premises which plainly resulted in his fall and injury may incorrectly assume that his case is "simple" when in fact it is complex, specifically because of the seriousness of his injuries, often requiring teams of experts to competently establish the full nature and extent of his injuries, and in particular the future medical expenses he will likely incur over the course of his remaining life expectancy and the future earnings losses he has sustained when comparing his earning capacity over the course of his pre-accident work-life expectancy with the earnings he may be likely to be able to earn, if any, over the course of his post-accident work-life expectancy. Our serious injury medical malpractice lawyers and product liability attorneys, and food poisoning lawyers must also apply the same strategies in developing the evidence and expert testimony to maximize the potential that their clients will recover the full measure of their general and special economic damages.
Our Ohio personal injury lawyers recommend that the potential litigant in each of the foregoing practice areas consider our "Serious Injury Lawyers" page at which we discuss more fully our strategies in preparing the seriously or catastrophically injured client's general and special damages. Briefly "general damages" refers to what some Ohio attorneys will call "pain and suffering." Our Ohio serious injury lawyers often find that their clients, whether having suffered traumatic brain injury, serious spinal cord injury, quadriplegia, paraplegia, or debilitating internal injury or serious orthopedic injuries or limb amputations, as examples, will often describe their greatest element of general damages as their "loss of enjoyment of life." On our Serious Injury Lawyers page our Ohio personal injury lawyers discuss our strategy for presenting our seriously injured client's "loss of enjoyment of life damages," including by juxtaposing the evidence of all the activities, big and small that the client enjoyed before the accident with a professional "Day in the Life" film depicting our client's courage in overcoming all of the challenges he faces in his post-injury daily life.
On the same Serious Injury Attorneys page we discuss our Ohio personal injury lawyers approach to demonstrating our clients' special economic damages. Special economic damages include past and future medical expenses and past and future earnings losses. The Ohio personal injury lawyer representing a client who has suffered serious or catastrophic injuries, whether the result of a simple auto accident or brain damage sustained by a baby during his delivery as the result of anoxia resulting from his mother's obstetrician's failure to recognize the baby's fetal distress, or the Ohio food poisoning lawyer whose client developed E. coli food poisoning resulting in Hemolytic Uremic Syndrome, HUS, acute renal failure the lifelong necessity for dialysis treatment as examples, will often confront the most complex aspect of the preparation of his client's damage case developing the evidence of the client's full measure of likely future medical expenses and future earnings losses. A team of experts, from the medical experts in all the relevant medical specialties to establish the full nature and extent of the client's injuries and prognoses, to a "life care planner" and forensic economist will be required to be engaged by the serious injury Ohio personal injury lawyer to establish the full extent of the medical expenses his client will likely incur over the course of his remaining life expectancy.
Similarly the serious injury Ohio personal injury lawyer in preparing the future earnings losses of the paraplegic auto accident victim or the client who suffered brain damage as the result of anesthesiologist error will again require a team of experts to maximize the opportunities for the client to recover the full measure of his future earnings losses. Among the team of experts the Ohio serious injury attorney will engage includes again medical experts in the specialties to determine the full extent of the client's disabilities, a "rehabilitation" expert to review the medical specialists reports, speak extensively to the client, gather the records of the client's education or training in his trade or profession, and his employment records to arrive at the net earnings losses he will suffer, and then again a forensic economist to increase the amounts of yearly losses over the client's work-life expectancy by government wage growth statistics for the relevant trades and professions and then discount the total to present cash value.
The foregoing is merely a quick summary of the common responsibilities of the Ohio serious injury attorney, applicable in all of the varied practice areas, and again we recommend the full discussion on our "Serious Injury Lawyers" page. Our Ohio personal injury lawyers will consider representing those seriously or catastrophically injured throughout the state in Columbus, Cleveland, Toledo, Akron, Canton, Youngstown, Dayton and Cincinnati. Our Ohio auto accident lawyers, motorcycle and big rig accident attorneys, medical malpractice lawyers, product liability attorney, premises liability lawyers, food poisoning lawyer and elder abuse attorneys welcome you to contact us to discuss your case and the injuries you sustained.
Our Ohio personal injury attorneys provide free consultations. You may submit the case consultation form and one of our Ohio lawyers qualified in the relevant practice area and experienced in the prosecution of serious injury litigation will call you to discuss your case, your injuries and damages, and will offer you our preliminary case evaluation and recommendations.
Our Ohio Auto Accident Attorneys, Motorcycle Lawyers and Large Commercial Truck and Big Rig Truck Accident Attorneys Will Consider Representing Accident Victims Seriously Injured Throughout the State of Ohio, from Cleveland, Akron, Toledo and Canton and Parma and Youngstown, to Columbus, Cincinnati and Dayton.
Our Ohio auto accident lawyers will consider representing those seriously injured in car and motorcycle accidents, large commercial truck and big rig truck accidents. Ohio motorcycle accident attorneys must be knowledgeable in many cases of peculiar liability issues involving the unique characteristics of two wheel or single track physics, and commonly motorcycle accidents will result in serious or catastrophic injuries for the obvious reason that the motorcycle lacks the safety engineered cage, interior padding, seat belts and air bags that car drivers enjoy for their increased safety. Our large commercial truck and big rig truck lawyers must be fully knowledgeable about the federal and Ohio state laws governing the responsibilities of big rig truck drivers and the trucking companies. Big rig truck accidents also tend to result in serious and catastrophic injuries, for the obvious reason that the trucks are much larger that than the common passenger car, and can deliver much greater impact energies. But any car accident can result in serious injuries and substantial general and special economic damages, recommending an experienced Ohio auto accident lawyer or motorcycle accident attorney or big rig truck accident lawyer also experienced as a serious injury trial lawyer.
While some may consider the work of the auto accident lawyer to be simple, and sometimes it is true that the liability in the case may be simple enough, as where the other driver plainly violated the client's right of way, or the big rig truck jackknifed either as the result of it being overloaded or its load inadequately secured or as the result of the driver excessively braking, ALL serious injury auto accident cases are complex, first in the preparation of the client's full measure of general and special damages, and then, most often of equal importance in solving the challenge presented by the "collectability" issue.
If the Ohio accident lawyer's client has suffered traumatic brain injury, TBI, or quadriplegia or paraplegia or other spinal cord injury, or catastrophic orthopedic injuries, or debilitating internal injuries, or leg or arm amputation, his general and special economic damages, including his future medical expenses and future earnings losses, as discussed in the previous section, may amount to millions of dollars.
However, the other driver may have carried only the minimum, or minimal auto liability insurance coverage, and even big rig truck drivers are required by federal law to carry only $750,000 in liability insurance, most carrying no more than $1,000,000 in coverage, also woefully inadequate to pay the seriously injured auto or motorcycle accident victim's full measure of general and special economic damages.
The sophisticated Ohio auto accident lawyer in such cases must apply all his knowledge of Ohio state law, and in the case of big rig truck accident cases, his knowledge of the relevant federal law, to identifying the "deep pocket" defendant who may be properly sued on the basis of its independent liability or "vicarious liability" for the accident. While it may seem a difficult task, this is where the serious injury Ohio auto accident lawyer can seize his greatest opportunity to serve his client, and apply his creativity to overcoming the collectability challenge. In solving the collectability problem the serious injury Ohio auto accident lawyers may contribute most to maximize the potential for the client to recover fully for his injury, general damages and special economic damages.
The Ohio car accident lawyer or motorcycle attorney or big rig truck accident lawyer in serious injury cases where the other driver lacks sufficient insurance to pay the full measure of his client's damages will commonly employ accident investigators and accident reconstruction experts to review the scene of the accident and the vehicles involved. They will consider whether there might have been a road defect or failure to properly maintain the roadway to discover whether the failure to provide a road barrier or failure to trim trees obscuring a stop sign, as examples, might have contributed to the accident. If found the Ohio auto accident lawyer can sue the public entity responsible, the city, county or the state of Ohio responsible for the construction or maintenance of the roadway.
The Ohio auto accident lawyer may also consider whether there are potential defendants vicariously liable for the accident, such as where the other driver was operating his vehicle in the course and scope of his employment. Again, there is ample opportunity for the creativity and advocacy of the sophisticated serious injury Ohio auto accident attorney beginning with identifying a good theory of vicarious liability and then gathering the evidence to sustain it. In the left column of this page, for example, a motorcycle accident case is discussed in which the client suffered a leg amputation, however, the other driver had only the statutory minimum insurance coverage. It was first discovered that the other driver was commuting to a work site at the time of the accident, but according to the applicable state law, accidentc occurring on an employee's commute to work do not result in employer vicarious liability. However, the Law Group serious injury motorcycle accident lawyer investigated further, and established that the other driver was carrying tools in his trunk. This was determined to be sufficient to establish that the driver was operating his vehicle in the course and scope of his employment, the employer with a multi-million dollar insurance policy and excess coverage was then named as a defendant, and the motorcycle lawyer obtained a 2.5 million dollar settlement for his client.
Another means by which creative Ohio serious injury auto accident lawyers may establish the vicarious liability of an employer is discussed in the lower left column of the page. It involves obtaining through discovery the telephone records of the underinsured other driver. The Ohio auto accident lawyer can then take the deposition of the other driver to determine whether the driver was engaged in a business call, and if so, the employer may be sued, again on the theory that the other driver was operating his vehicle in the course and scope of his employment. According to our serious injury auto accident lawyers' review of the scientific literature, one in ten drivers on our American roadways is engaged in cell conversation at any given daylight moment in time, and one in four auto accidents involve drivers who are distracted by cell phone conversation. Therefore, we consider it reasonable to determine both for use in the contested liability case whether the auto accident may have resulted from cell phone distraction, and in the serious injury case whether the driver made a business call to bring in the employer to maximize the opportunity to recover for the client his full measure of general and special damages.
Ohio big rig truck accident lawyers may also be presented with the problem that the large commercial truck or big rig truck driver may carry insurance inadequate to pay the full measure of the client's damages, and so again must bring his knowledge of the applicable federal and state law and creativity to bare in solving the collectability problem. The problem derives from the inadequacy of the truck driver's insurance coverage to pay the damages of the seriously injured client, and the common practice of trucking companies and shippers to hire the truck drivers as "independent contractors." It is essential that the Ohio big rig truck accident lawyer be knowledgeable about the federal and state law, which provides specific rules governing everything from the number of permissible driver hours between rest periods, the logs the driver must keep and report to the trucking company, to the permissible weight of loads and the manner of securing the loads. The Ohio big rig truck accident attorneys in serious injury cases must also be aware of the legal theories by which may be available to establish liability on the trucking company and shippers which commonly carry much larger liability policies and umbrella coverage. The legal theories that the Ohio large commercial truck and big rig truck accident lawyer can avail include "negligent entrustment" and "negligent supervision."
Ohio big rig truck accident lawyers can often assemble the evidence to prevail against the trucking company where it either has overloaded the truck or improperly secured the load, or for negligently supervising the trucker who loaded and secured the load. Ohio serious injury big rig truck accident attorneys can also obtain the trucking companies records of the driver's logs and review its personal file to determine if the trucking company or shipper had information that the driver had previous convictions for amphetamine drug abuse, not uncommon among long haul truck drivers, to drunk driving, or a history of accidents or traffic tickets to make the case against the trucking company for "negligent entrustment."
In serious injury motorcycle accident, car accident, commercial large truck and big rig truck accident cases the Ohio serious injury lawyer, knowledgeable about the applicable law and potential legal theories available may be able to provide his most important service to his client by creatively identifying the culpable third party "deep pocket" defendant both properly liable and sufficiently insured to fully compensate the seriously injured auto accident victim for the full measure of his general damages and special economic damages.
Our Ohio auto accident attorneys, motorcycle accident lawyers and big rig truck accident attorneys will consider representing those seriously injured in accidents throughout the state of Ohio, from Cincinnati and Dayton to Columbus north to Toledo, Cleveland, Akron and Canton and Parma and Youngstown. The seriously injured victim of a car, motorcycle or big rig truck accident should want to compare the qualifications of any Ohio lawyer whom he would consider to represent him in his case. The accident victim may wish to consider the experience of the Ohio lawyers specifically in representing clients in car, motorcycle and big rig truck accidents, as their particular cases recommend, and where the potential client has been seriously injured, he may wish to inquire about the Ohio attorneys experience in preparing and trying serious injury accident litigation.
Free Consultations. Our Ohio auto accident attorneys, motorcycle accident lawyers and big rig truck accident attorneys welcome you to contact us for a free consultation. Submit the "Contact" form and one of our Ohio accident lawyers relevantly qualified and experienced in serious injury litigation will call you to inquire about the facts of your case, will provide our initial case evaluation and recommendations. Our Ohio accident lawyers will also welcome your questions with regard to our qualifications and experience.
Our Ohio Food Poisoning Lawyers Will Consider Both Individual Cases and Outbreak Cases Involving E coli Hemolytic Uremic Syndrome HUS, or Thrombotic Thrombocytopenic Purpura, TTP Cases, Salmonella Poisoning, Listeria Listeriosis Lawsuits, Botulism, Campylobacter, Norovirus and Shigella Cases; Our Ohio Food Poisoning Attorneys Will Represent Those Who Suffer Serious Illness in Ohio from Akron, Cleveland, Toledo, Canton, Parma and Youngstown to Columbus, Dayton and Cincinnati.
Our Ohio food poisoning lawyers have set forth an extensive discussion of food poisoning litigation generally and potentially serious illness involving the panoply of bacterial contamination food products that may occur, E coli food poisoning, Salmonella, Listeria Listeriosis, Botulism, Campylobacter, Norovirus and Shigella Cases on our "Food Poisoning Attorneys" page.
Here our Ohio food poisoning attorneys will discuss by way of example, E. coli O157:H7 and Hemolytic Uremic Syndrome HUS, or Thrombotic Thrombocytopenic Purpura, TTP Cases, and just two examples of outbreak food poisoning cases, one involving E. coli food poisoning and the other, Salmonella food poisoning.
Our Ohio food poisoning lawyers will consider the full spectrum of food poisoning cases involving the various biological food contaminants identified above, both individual cases, such as cases where serious illness was contracted as the result of contaminated food served at a restaurant, and "outbreak" cases where hundreds fall ill and some may die, the cases arising often across many states, as the result of contamination at the location at which the food is grown or at a food processing plant, as examples. Our Ohio food poisoning lawyers will consider representing those who have suffered serious illness with permanent or prolonged serious medical consequences, or cases where the client will incur substantial medical expense over his life time or where his earning capacity is impaired. Our food poisoning lawyers will represent potential clients throughout the state of Ohio from Cleveland, Toledo, Akron and Canton, Parma and Youngstown to Columbus and south to Dayton and Cincinnati.
As an example of food poisoning that can result in serious illness our Ohio food poisoning attorneys will discuss Escherichia coli contamination and two potentially serious illnesses that can result from E. coli poisoning, Hemolytic Uremic Syndrome HUS, and Thrombotic Thrombocytopenic Purpura, TTP.
It is not all E. coli bacteria that cause human illness, indeed, our stomachs necessarily contain benign strains of the bacterium which are essential for our survival. The strain which commonly results in human illness is E. coli O157:H7, the alphanumeric designation referring to its surface genetic code. For our Ohio food poisoning lawyers, it is the specific E. coli bacterium found in contaminated food products which most commonly will result in relatively mild illness, stomach cramps, bloody stools, the symptoms beginning 3 to 4 days after ingestion of the food product and general lasting no more than 10 days, although in some cases may lead to serious illness or even death.
The potential serious illnesses that our Ohio food poisoning attorneys recognize in a subsection of E. coli HUS cases are Hemolytic Uremic Syndrome, HUS, and Thrombotic Thrombocytopenic Purpura, TTP. HUS can result in acute renal failure, and as the result of kidney damage, the client may require lifetime dialysis treatment, will incur enormous medical expense of the course of his or her life expectancy, and it may in some cases also lead to reduced earning capacity. Some E. coli HUS patients may also not survive the illness, and our Ohio food poisoning lawyers will be called upon to represent the heirs or estate of the victim in wrongful death litigation.
In one case discussed in the left column of this page under "Recent Verdicts and Settlements" one of our Law Group attorneys represented a client who contracted E. coli poisoning at a restaurant, and then Hemolytic Uremic Syndrome. After substantial investigation and discovery to establish the evidence that the client ingested the E. coli contaminate food at the restaurant and the restaurant's failure to adhere to acceptable food management practices, the food poisoning lawyer obtained one of the largest settlements ever reported in an E. coli HUS case.
Our Ohio food poisoning lawyers also recognize that E. coli O157:H7 can result in Thrombotic Thrombocytopenic Purpura, or TTP, which is similar to HUS, but can also result in the client's development of neurological symptoms. He may suffer mood or behavioral changes, and sometimes debilitating strokes. Again, our Ohio food poisoning lawyers recognize that the client who has TTP from ingesting a food product contaminated with E. coli may also look forward to a lifetime of medical expense, and the potential for substantial impairment of his earning capacity. Those who develop Thrombotic Thrombocytopenic Purpura may also die, in which cases our Ohio food poisoning lawyers will again consider representing the heirs or estate in wrongful death litigation.
For more information regarding other food poisoning illness, you may consider our Food Poisoning Lawyers page on this site. For more information with regard to our food poisoning lawyers involvement in E coli litigation and particular interest in HUS and TTP cases, you may consult our E. coli food poisoning lawyers page by placing your cursor over Food Poisoning Lawyers in the Practice Areas menu at the top left column of this page.
Our Ohio food poisoning lawyers will also consider "outbreak" cases. An outbreak of food poisoning occurs when food products are contaminated at the location at which they are grown, or at processing plants or at the facilities of post processing food manufacturers which incorporate the product into foods intended for sale commonly in many states, through retail stores, such as grocery stores. One example of an E. coli outbreak was the 2006 outbreak resulting from contaminated spinach. The FDA and CDC tracked the contamination to the California grower, the spinach however was subsequently incorporated into the products of a number of manufacturers who then distributed it throughout the country resulting in hundreds of cases of illness and several deaths. Another example of an illustrative outbreak case is the 2009 outbreak of Salmonella poisoning tracked down to the facilities of a Peanut Corporation of America peanut product processing plant. It supplied its contaminated peanut paste to numerous manufacturers of a host of products, from ice cream to energy bars, cookies and crackers. In such cases our Ohio food poisoning lawyers can sue the company responsible for the contamination and all others, including distributors and retailers in the down line chain of commerce.
Our Ohio food poisoning lawyers welcome you to contact us for a free consultation. One of our food poisoning attorneys will call you to discuss your case, how you consider that you were most likely exposed to a contaminated product, the nature of your illness, diagnosis and prognosis, and our Ohio food poisoning lawyer will offer his initial case evaluation and recommendations. You are invited to ask about our credentials and experience as food poisoning lawyers and as serious injury trial lawyers. We are here to serve you.
Ohio Premises Liability Lawyers Will Discuss Complex "Trip and Fall" and "Slip and Fall" Litigation. Our Ohio Premises Liability Attorneys Represent Clients who Have Sustained Serious Injury as the Result of a Property Defect or Failure to Maintain Residential, Commercial or Public Property. Our Premises Liability Lawyers Will Represent Clients Throughout the State of Ohio, from Toledo, Cleveland, Akron, Canton, Parma and Youngstown to Columbus, Cincinnati and Dayton.
Premises liability lawyers are sometimes referred to as "slip and fall attorneys" or "trip and fall lawyers." Our Ohio premises liability lawyers will consider cases in which the potential client has suffered a serious or catastrophic injury as the result of a fall resulting from a property defect that create's a safety hazard or a failure to maintain residential, commercial, or public property.
Some premises liability cases may involve obvious property defects, or clear safety hazards resulting from the failure to maintain the property, however, ALL serious injury premises liability cases are complex because the preparation and presentation of the client's serious injury, his general damages, and his special economic damages is always complex. As discussed more fully above and on our "Serious Injury Lawyers" page, presenting the seriously injured client's general damages may commonly involve medical experts in a number of medical disciplines to elaborate the full nature and extent of the client's injuries. Our serious injury Ohio premises liability lawyers will commonly present "loss of enjoyment of life damages" juxtaposing the testimony of the client, family and friends with regard to the activities the client most enjoyed prior to his fall against the professionally prepared "Day in the Life" film depicting the client's courage in meeting all of the big and small challenges he faces in his post-injury daily life.
Our Ohio premises liability attorneys will require a team of experts to maximize the opportunity to obtain for the client his full measure of future medical expenses. The Ohio lawyer will require medical experts to describe the clients injuries, prognoses and medical care that he will require over the course of his remaining life expectancy, a "life care planner" to list all of the costs of the medical care year to year that the client will likely require. The Ohio premises liability attorney will then require a forensic economist to increase the amounts of the expenses by application of statistics on the growth in medical costs and then to discount the total to present cash value.
Our Ohio premises liability lawyers will need to engage a team of experts also to demonstrate the full extent of the client's future earnings losses, including medical experts to define the client's disabilities. The premises liability attorney must then engage a "rehabilitation" expert to put together the client's education and employment records, meet with the client, consider the clients employment at the time of his injury and the disparity in the trades and professions in which the client would be reasonable capable of obtaining employment before and after his injury, to arrive at the earnings losses the client will suffer over time. Again the Ohio premises liability lawyer will be required to engage a forensic economist to increase the year to year earnings losses over the client's pre-injury and post-injury work-life expectancies using wage growth statistics for the relevant trades and professions, and then again, discount the total to present cash value.
The liability in premises liability cases is also sometimes complex. In some cases the Ohio premises liability must be well versed in the applicable laws and building codes that the commercial or residential property owner may have violated, and cases based on failure to maintain property requires that evidence establish that those responsible for the maintenance of residential, commercial or public property had notice of the property defect or safety hazard or reasonably should have become aware of it with time reasonably to repair it before the client fell and suffered his injuries. In some cases safety hazards must be designed into property for their utility, such as the lips at the entrance to outside storage bins to protect the contents from rain water, and so the Ohio premises liability lawyer may be required to engage an expert to testify, for example, that a red warning stripe was required at the entrance. In other cases, the Ohio premises liability attorney may require an expert on coefficients of friction to establish that the walking surface or the surface of stairs was so slippery as to constitute a safety hazard.
Ohio "slip and fall attorneys" and "trip and fall lawyers," we hope you will appreciate, commonly will require substantial education and experience to establish liability, and every serious injury premises liability case requires the Ohio slip and fall lawyer to bring his sophisticated experience in developing the evidence of the client's general and special economic evidence to bare in order to maximize the potential that his client will recover fully for his general damage and the full measure of his special economic damages.
Our Ohio premises liability lawyers will consider representing those seriously injured in falls on residential, commercial and public property throughout the state of Ohio, from Cincinnati and Dayton, and Columbus, to Canton, Parma, Youngstown, Toledo, Cleveland and Akron. Every potential client who has been seriously injured as the result of a safety hazard created by a property defect or failure to maintain residential property or commercial or public property should compare the credentials and experience of any lawyer whom the client would consider to represent him. Our Ohio premises liability lawyers welcome you to ask us about our experience in prosecuting cases involving falls resulting from safety hazards and our experience also as serious injury trial lawyers.
Free Consultations: Our Ohio premises liability lawyers welcome you avail our invitation for a free consultation. Submit the "Contact" form and one of our serious injury Ohio premises liability lawyers will call you to discuss your case and your injuries, and will provide our preliminary case evaluation and initial recommendations.
Our Ohio Medical Malpractice Lawyers Discuss Obstetrical Malpractice and Birth Injury Litigation and Failure to Diagnose Cases; Our Ohio Medical Negligence Attorneys Will Consider Serious Injury Cases Against Physicians, Hospitals and Other Health Care Providers Arising in Columbus, Toledo, Cleveland, Akron, Canton, Parma, Youngstown, Dayton and Cincinnati.
Medical malpractice is a very broad subject matter. The cases generally involve what Ohio medical malpractice lawyers refer to as failures of the physician or other health care provider to comply with the applicable standards of care. The breadth of the Ohio medical malpractice attorney's practice is as wide as the hundreds of distinct medical specialties. No two cases are the same, even as they may involve the standard of care in any one medical specialty. The Ohio medical malpractice lawyer must learn the medicine from scratch in every case. The Ohio medical malpractice attorney must also bring his experience as a trial lawyer to bear, his organizational talents in assembling the experts essential to make his liability case. And he must also have substantial experience in serious injury litigation to engage the teams of experts essential to maximize the opportunities to recover the full measure of his client's general and special economic damages, including future medical expenses the client will likely incur over the course of his remaining life expectancy, and the future earnings losses the client will suffer over the course of his work-life expectancy.
Our Ohio medical malpractice lawyers cannot comprehensively discuss the full panoply of even the general categories of medical, hospital and health care provider negligence on this page. No book or volumes of books has attempted it. The subject of medical malpractice is indeed as broad as the authoritative textbooks on every discipline of medicine, and as in the case we will discuss first below, can involve medical subject matter so rare as never to have been discussed in a medical textbook.
The Ohio medical malpractice lawyer must love medicine, he must be awed by the extraordinary accomplishments of the physicians who have discovered the methods of treatment which have come to be accepted as the standards of medical care. He is therefore offended by the failures of some physicians who fail to adhere to the standard of care, the result being the unnecessary injury or progression of disease in their patients.
The Ohio medical malpractice lawyer must be willing to learn the medicine as fully and some times more fully than the physicians he sues. He does so first by engaging medical experts in the relevant specialties who will review the medical records and offer their opinions with regard to the errors of the physicians that resulted in the injury or misdiagnosis, or improper care or treatment resulting in his client's injuries. And the Ohio medical malpractice lawyer may be required also to research the medical literature himself to shore up his understanding of the medicine to fully prepare himself to cross-examine the defendant physicians. There also may be laws that define a physician's responsibilities, and the Ohio medical malpractice lawyer may be able to establish the physician's liability per se for having violated the laws. He may be required to consider the relative or combined culpability of the physicians and hospital staff. Since the medicine may be difficult for the jurors to understand, as a trial lawyer he must appreciate that often they will decide a case on the basis of the qualities of the medical experts called, and will commit himself to obtain the very best experts to be able to compare favorably their credentials against those of the experts called by the attorneys for the defendant physician.
In attempting to illustrate these qualities that the Ohio medical malpractice lawyer brings to his cases, we will take just a few examples of cases discussed in the left column of this page.
The first involves an internist's and neurologist's failure to diagnose the most rare tumor in the human body, one that had been discussed in only a few case reports in the medical literature. The patient presented to the internist with a history of two episodes of feinting. The internist did a battery of tests to rule out the most common causes of feinting, including an echocardiogram to rule out a cardiologic cause. Unable to identify a medical cause for the client's feinting the internist referred the patient to a neurologist to performed another battery of tests. The neurologist, also unable to identify a cause for the patient's symptoms referred her back to the internist who diagnosed "vaso vagal syncopy" a fancy medical term suggesting a psychological cause for the patient's feinting, and referred her to a psychologist. The patient then suffered a stroke, and then a second stroke in the hospital before it was discovered that the patient had a large tumor in the left upper chamber of her heart, an atrial myxoma, that was flipping off emboli that passed through the left ventricle into the aorta and then into the vasculature of the patient's brain.
Upon review of the medical records the medical malpractice lawyer's experts arrived at a somewhat convoluted series of medical premises that they considered could establish the internists and neurologists medical negligence. While the physicians could not be said to have erred in failing to consider atrial myxoma in their differential diagnoses based on their patient's symptoms, they should have considered other cardiologic entities that could account for feinting, done an echocardiogram to rule out these other cardiologic entities, in which case they would have seen the atrial myxoma on the echocardiogram.
At trial the Law Group medical malpractice attorney explained in his opening argument the medical premises that his experts would testify should have led the defendant physicians to diagnose the atrial myxoma. However, he would readily admit that the opening statement of the attorneys for the defendant physicians was more powerful, as they slammed their fists on the podium telling the jury that this was the most rare tumor in the human body, the subject of only a few scant case reports in the entire medical literature, in each case "an autopsy diagnosis," an atrial myxoma never having been reported as diagnosed in a live patient!
The Law Group medical malpractice lawyer called as his first witness the defendant internist and led with his chin in his first question, asking "Doctor, did you consider atrial myxoma in your differential diagnosis?" The internist, obviously well prepared by his attorney to give the answer, leaned forward from the witness stand and replied, "Mr. Henke, you don't think of zebras when you hear hoof beats!" In fairness, that is a common medical syllogism recommending that the physician arrange his differential diagnosis so as to include the most common causes of the symptoms to rule out first, and as the medical malpractice attorney was well aware, most cardiologists would never have heard of an atrial myxoma. But the internists response to the question lit up a light bulb in the trial lawyer's brain. He turned back to the doctor and first said softly, "Mitral valve prolapse," and then more loudly, "It's a horse, isn't it Doctor." The internist's attorney objected, but the Judge agreed that the doctor had "opened the door" and ordered the internist to answer. The physician first pretended that he didn't understand the question, and the Law Group medical malpractice lawyer clarified it, "Mitral valve prolapse will occur in about 6 percent of a randomly selected population of females Mrs. Z's age, its a horse, isn't it." The internist was forced to agree, "Okay, its a horse." The medical malpractice lawyer continued, again first softly, "Mitral stenosis," and then more loudly, "It's a horse, isn't it Doctor." Again the internist had to oblige, "Yes, it's a horse." The medical malpractice attorney continued, again first softly "Idiopathic subaortic stenosis," and then more loudly, "It's a horse, isn't it Doctor." And again the internist had to admit it. And then the trial lawyer's punch line "Doctor, upon hearing the hoof beats, Mrs. Z's history of feinting spells, had you merely thought horse, these other cardiologic entities, and turned to look in the direction of the hoof beats, performed and echocardiogram, you would have seen the Zebra, wouldn't you have Doctor?"
The defendant internist's zoological syllogism provided the hook for the medical malpractice trial lawyer to make plain and understandable to the jury the series of medical premises that his experts had suggested defined the defendant internist's and neurologist's negligence. It was entirely faithful to the experts theory of the case, and their testimony in turn was probably more readily accepted by the jury, resulting in their multimillion dollar jury verdict discussed in the left column of the page.
Another case discussed in the left column illustrates the medical malpractice lawyer's use of the law to define the physician's duty of care to his patient, and also illustrates the medical malpractice attorneys use of superior experts to prevail in the strenuously contested medical negligence case. The case also involved the joinder of multiple physician defendants and a hospital for its failure to have revoked one physician's hospital staff privileges.
The Law Group medical malpractice lawyer prosecuted the cases of 10 of his clients against an Osteopath who claimed to be an AIDS doctor, a surgeon, and a hospital, among other defendants. The "AIDS doctor" had a booming practice, preying on the desperation and vulnerability of his patients, claiming that AIDS was not cause by HIV but by disturbances in the patients nonexistent "organ frequencies" and "toxin frequencies." He would hook them up to a black box and twist the dials to determine his patients imaginary frequencies, and then would prescribe a 9 month course of thrice weekly typhoid shots which he called his "Typhoid Vaccine Protocol." When the patients still had their immune deficiency after the 9 month protocol, he then started injecting them with an unapproved "drug" manufactured in another physician's bath house sink, called Viroxan. When the shots proved painful he decided it would be brilliant to implant Hickman catheters into the entrance to their hearts so they could infuse the Viroxan concoction throught the catheters each night directly into their hearts. Some developed septicemia. It was the Group medical malpractice lawyer's contention that all suffered a diminution in their life expectancy resulting from the Osteopath's recommendation that they stay off the standard of care antiviral therapies which were available to treat HIV disease at the time.
The Law Group medical malpractice lawyer sued the osteopath alleging a dozen causes of action, from medical negligence to fraud, also including a cause of action as forewarned above based on the physician's failure to have obtained the required written consent to experimental treatment required by the state Protection of Human Subjects in Medical Experimentation Act. The medical malpractice lawyer sued the hospital for negligence based on its failure to have revoked this doctor's hospital staff privileges prior to the assembly line surgeries to implant Hickman catheters in his patients, as well as a cause of action for conspiracy to defraud the patients.
Five of the medical malpractice lawyer's clients CD4 levels dropped to the point where it was deemed unlikely they would live much longer, and so the attorney moved the Court to advance their cases on the trial calendar and to consolidate the 5 case for a joint trial against the defendants.
In preparation for the trial the Law Group medical malpractice lawyer engaged the most highly respected AIDS scientists in the world to testify for his clients. The experts who agreed to testify without pay included Luc Montagnier, the head of France's National AIDS Laboratories and the discoverer of HIV, Michael Gotlieb, the astute physician who discovered AIDS and co-founded the American Foundation for AIDS Research (AMFAR), Don Francis, the world renown epidemiologist who headed up the CDC's AIDS task force and discovered that AIDS was a sexually transmitted disease, Roger Detels, the Chairman of the Epidemiolgy Department at the UCLA Medical School who was the senior scientist supervising the largest study in the world on the efficacy of AIDS treatments, John Curnutte, the head of the largest AIDS vaccine study in the world, supervising over 100 scientists, Peter Wolfe, a member of the Scientific Advisory Committee to AMFAR, and a dozen others of the most highly qualified physicians, scientists and hospital administrators.
The jury in the case returned jury verdicts against the defendant "AIDS doctor" for medical negligence, fraud, and conspiracy to defraud the patients, and against the hospital for negligence in failing to have revoked the Osteopath's hospital staff privileges, and for conspiracy to defraud, rendering an important 1.6 million dollar punitive damage verdict against the hospital, important because it was seen both by the Group medical malpractice lawyer and his clients as most likely to have the effect to change the quality of AIDS medicine, given that hospitals across the nation would have to consider that tolerating AIDS medical fraud on their Immune Suppressed Units would open them to similar suits and recoveries of substantial punitive damage awards.
Finally, our Ohio medical malpractice lawyers would discuss just briefly their particular interest in Obstetrical malpractice cases and birth injury litigation. Obstetrical malpractice is also a broad subject, however, cases of brain damage resulting from anoxia is commonly the result of the obstetrician's or hospital staff's failure to detect fetal distress, and can result from either their failure to hook up a fetal monitor in a timely manner or failure to notice or respond sufficiently quickly to the baby's fetal distress. Often times the evidence is obvious to the medical malpractice lawyer's train eye, either in the hospital records in the notations of the time the fetal monitor is turned on or in the fetal monitor strips. Brain injury cases are very serious cases, the plaintiff's life forever altered, with the prospect of substantial future medical expenses and future earnings losses. In that regard, please consider our "Serious Injury Lawyers" page at which we describe our strategies for maximizing the opportunities to recover for the client his full measure of general and future economic damages.
Our Ohio medical malpractice lawyers will consider representing those seriously injured or who have suffered progression of their disease by delays in diagnosis or below standard care or treatment, including in obstetrical malpractice and birth injury cases throughout the state of our Ohio in Columbus and from Cincinnati and Dayton to Toledo, Cleveland, Akron and Canton and Parma and Youngstown. Our Ohio medical negligence attorneys will consider cases involving physician malpractice, hospital negligence and cases against other health care providers. Our Ohio medical malpractice lawyers suggest that the potential litigant compare the credentials of all Ohio medical negligence lawyers whom he would consider to represent him, including their credentials as medical malpractice lawyers and as experienced serious injury trial attorneys. Our Ohio medical malpractice lawyers invite you to ask about our credentials.
Our Ohio medical malpractice lawyer offer free consultations. You may submit the "Contact" form and one of our Ohio medical negligence attorneys will contact you to review your case with you, offer our initial case evaluation and preliminary recommendations. We are here to serve you.
Our Ohio Product Liability Attorneys Discuss the Panoply of Products That May Result in Serious Injury. Our Pharmaceutical Product Liability Lawyers Discuss Drug Defect Litigation. Our Product Defect Attorneys Will Consider Representing Those Seriously Injured as the Result of Product Defects Throughout the State of Ohio from Akron, Canton, Parma, Youngstown, Toledo and Cleveland to Columbus Dayton and Cincinnati.
Our Ohio product liability lawyers will consider cases in which the potential client was seriously injured as the result of any of the panoply of defective products from infant toys with detachable parts that can get caught in the child's airways to auto defect cases, industrial machines lacking essential safety design, car or motorcycle tires defective in their manufacture through and including the most complex pharmaceutical product liability cases.
We recommend our "Product Liability Lawyers" page for a more complete discussion of product liability law and our strategies in prosecuting design, manufacturing and warning defect cases. Serious injury cases involve an additional layer of complexity involved in preparing and presenting the evidence of the nature and extent of the client's injuries, his general damages and special economic damages, requiring teams of experts to adequately present the client's future medical expenses and future earnings losses. In that regard we would welcome you to consider our "Serious Injury Attorneys" page.
Our Ohio product liability lawyers also refer to a number of product defect cases including pharmaceutical product liability cases under "Recent Jury Verdicts & Settlements" in the left column of the page.
Our Ohio product defect attorneys are experienced in prosecuting design, manufacturing and warning defect cases as individual cases and in the context of class actions. Our Group Law Group attorneys were indeed responsible for the landmark federal appellate case guaranteeing the rights of individual litigants to prosecute their cases outside of class actions. In the above referenced case the federal Judicial Panel on Multi-District Litigation assigned over 1000 pharmaceutical product liability birth defect cases involving a teratogenic drug to the United States District Court for the Southern District of Ohio. The District Court Judge certified a "mandatory class action" consolidating before the court all similar cases pending nationwide, including those filed in state courts. The Plaintiff's Lead Counsel Committee and the attorneys for the drug manufacturer then settled all the cases of the thousands of children born with birth defects nationally for $120,000,000. Our Law Group pharmaceutical product liability attorney and his firm had pending 40 cases in which the children has suffered serious limb defects and had an a couple dozen experts prepared to testify in their individual cases. The Law Group drug product liability attorney and his partners considered the amount of the settlement to be woefully inadequate to compensate the thousands of children joined in the litigation for even the smallest fraction of their general and special economic damages. Therefore, the Law Group drug product liability lawyer filed a petition for writ of mandamus in the United States Court of Appeals for the Sixth Circuit contending that the Ohio District Court's certification of the mandatory class violated his individual clients' right to the attorney of their choice to represent them and to control over their individual litigation. The federal Court of Appeals granted the writ, ordered the District Court Judge for the Southern District of Ohio to decertify the mandatory class action and void the settlement. The federal Court of Appeals, in its landmark decision, adopted our Law Group drug product liability lawyer's reasoning that the use of mandatory class action should be limited to cases in which the defendant manufacturer demonstrates a limited fund of insurance and assets insufficient to pay all claims. The effect of this landmark decision was essentially to render mandatory class action unavailable except in the very rare case, in favor of voluntary class action in which the individual litigants have the choice to "opt in" or "opt out" of the voluntary class. The reach of the decision extends to all mass tort litigation including all mass product liability litigation.
In many product liability cases where many have been injured by a mass produced product defective in its design, manufacture or warnings, class action may serve as a valuable tool for the resolution of the cases for the reason that the costs of prosecuting the manufacturer, including the costs of the experts required to demonstrate the product defect can be spread across the class with each member's share relatively small. Often such class actions will result in a global settlement reasonably calculated to fairly compensate the class members. The individual client's attorney will then be responsible for providing the evidence that the client was injured as the result of the product, evidence of the nature and extent of his client's injuries, his general and special damages, and submitting the evidentiary package to the settlement review panel for an award of damages. If the product liability attorney is not satisfied with the award, there will be procedures for an appeal of the decision, in which he may argue for an enhanced award. In the recent Vioxx litigation one of our Law Group lawyers successfully appealed the awards in most of his cases, obtaining substantially greater awards, so there is some degree opportunity still for attorney advocacy.
Our Ohio product liability lawyers will consider the cases of potential clients who have suffered serious injuries as the result of product defects throughout the state of Ohio in Columbus, Toledo, Cleveland, Akron Canton, Parma, Youngstown Dayton and Cincinnati, including in individual product liability cases and cases in which the client would have the opportunity to "opt in" to a class action. As Ohio product defect attorneys who are capable and experienced in trying individual product cases, we consider that we are capable of providing our clients reasoned advice with respect to the benefits and risks associated with prosecuting their cases in individual litigation or joining in class litigation, a choice that our Law Group attorneys fought for and won for our clients and all others in the above referenced federal Court of Appeals case.
We offer free consultations. You may submit the "Contact" form and one of our appropriately qualified Ohio product liability lawyers will call you to discuss your case and offer our preliminary case evaluation and initial recommendations. We consider it appropriate for the potential client to want to ask about the credentials of all lawyers whom he would consider to represent him and we welcome you to ask about ours.
Our Ohio Elder Abuse Lawyers Represent Our Seniors In Cases of Elder Physical Abuse, Neglect and Abandonment, Senior Psychological Abuse, and Elder Financial Abuse Throughout the State of Ohio from Cincinnati and Dayton to Columbus, Canton, Parma, Youngstown, Toledo, Cleveland and Akron. Our Elder Abuse Lawyers Will Consider Cases Against Retirement Homes, Senior Convalescent Facilities and Nursing Homes.
Our Ohio elder abuse lawyers will define the several distinct factual contexts in which claims for senior mistreatment may be understood, including elder physical abuse, neglect and abandonment, senior psychological abuse and elder financial abuse. Sometimes the saddest aspect of elder abuse cases is that the abuse, even senior physical abuse, may persist for years without even the most loving and devoted family members discovering it. Therefore our Ohio elder abuse attorneys would hope to do our best here to alert the reader to some signs of abuse that family members can look for, and then follow up to determine of their senior loved one may be the subject of elder physical abuse or neglect or abandonment at a retirement home, senior convalescent center or nursing home, or elder psychological abuse or senior financial abuse.
Free Consultation: Our Ohio elder abuse attorneys welcome you to contact us for a free consultation. If you or a senior family member has been subjected to abuse at a retirement home senior convalescent facility or nursing home, you are invited to submit the "Contact" from, and one of our Ohio attorneys with experience in prosecuting elder abuse cases will call you to discuss your case, provide you with our initial case evaluation and recommendations. Our Ohio elder abuse lawyers will consider representing those who have suffered physical abuse, neglect, abandonment, psychological abuse or elder financial abuse throughout the state of Ohio, from Toledo, Cleveland, Canton, Parma, Youngstown, Toledo and Akron to Columbus, Cincinnati and Dayton. The ptential client should base his decisions when selecting a lawyer upon a comparison of the credentials of all attorneys whom he would consider to represent him, and our Ohio elder abuse lawyers invite you to ask about ours.
Elder physical abuse can involve the range of expressions of violence, from beatings to the slapping of the senior as a form of humiliation, through to the application of nonessential physical restraints. As our Ohio Elder abuse lawyers noted above, sometimes our senior loved ones will endure physical abuse by employees of retirement homes or convalescent facilities or nursing homes for years without telling family members. One reason may be that the senior may fear retaliation by the staff upon whom he relies for his sustenance, medical care or drugs or may fear that he will be isolated, prevented from interaction with others, sensory and social deprivation also being a potent deterrent. Our Ohio elder abuse attorneys recommend that the family be alert to the signs of physical abuse, cuts, bruises, marks consistent with restraints, as examples, and inquire of their loved one, asking how he was injured. Sometimes the inquiry will yield the hushed admission that your loved one has be physically abused. Yet sometimes it will not. Ask the staff the same questions and see whether the stories match. Our Ohio elder abuse lawyers also recommend that family be alert to the behavior of the staff members of the retirement or nursing home, both for employees who appear cold in their relationship with the senior and for those who seem overly affectionate or attempt always to be present, hovering over him whenever you visit with your loved one.
Elder neglect is base on common notions of negligence, deriving from the breach of the nursing home or retirement facility or senior convalescent center's duty to provide for the senior's welfare, both medical and psychological, to protect the senior from safety hazards through to providing for the senior's hygiene . Our Ohio elder abuse lawyers urge that family be alert to the medical needs of their loved one and inquire about the medical care and treatment the retirement facility or nursing home is providing, and consider obtaining a second opinion. Does the senior suffer from bed sores that have gone untreated or permitted to fester. Similarly our Ohio elder abuse attorneys recommend that the family be alert to changes in your loved one's mental state, including depression, or alterations in mood, and inquire of the senior about his or her alterations in mental state, inquire whether he has received medical or psychological therapy, and again a second professional opinion may be indicated. Be alert to evidence, including smells that may be signs of the nursing home or convalescent facility or retirement home's failures to provide for your loved one's personal hygiene, or the employees failure to regularly change the bedding. Our elder abuse lawyers suggest that you inquire again about the means by which your loved one has sustained injury, and consider whether the nursing home or retirement facility is providing reasonable and adequate protection against safety hazards that may have resulted in the injuries or which may pose a threat of injury.
Our Ohio elder abuse attorneys distinguish elder abandonment from neglect as an intentional or willful or malicious refusal to provide for the senior's welfare, which again may take the form of the denial of indicated medical treatment or psychological care, or exposure of the senior to safety hazards, through to the refusal to provide for the senior's essential personal hygiene. Again, our Ohio elder abuse lawyers urge the family to be alert to physical signs of elder abandonment, such as bed sores that are not being treated through changes in mental state that have not been evaluated or remain untreated, either by psychologist or psychiatrist, or injuries that your loved one may have sustained as the result of the retirement facility or nursing home or convalescent center's failure to protect the senior from safety hazards. Our elder abuse attorneys suggest that you consider the attitudes of staff or the retirement home or nursing facility's administration, perhaps their disinclination to respond positively to your concerns that your loved one be provided essential treatment for his or her bed sores or psychological evaluation to determine what may be the source of your loved one's alteration in mental state, or their refusal to provide superior services to assure that your loved one's personal hygiene is adequately provided, or staff or administration disinclination to correct safety hazards that have caused injury or threaten to cause injury to your loved one.
Elder psychological abuse, as our Ohio elder abuse lawyers define it generally involves an in intent or willfulness or malice on the part of the staff of a retirement facility or nursing home or convalescent center to inflict mental anguish upon the senior. Sometimes elder psychological abuse may take the form of malicious threats, at other times it may take the form of intentional humiliation of the senior. At times the threats or acts of humiliation may be intended by staff as "behavior modification" to get the senior to control bodily functions over which the senior has no control, but which result in greater work for staff, perhaps work that they find distasteful notwithstanding that it is a part of their job description. Elder humiliation may also be intentionally inflicted on the senior either by staff again attempting an ill designed and unconscionable experiment in behavior modification or simply out of ugly meanness. Our Ohio elder abuse attorneys consider that one of the most detrimental forms of elder psychological abuse can be the isolation of the senior from interaction with others, resulting in sensory and social depravation which can undermine the senior's psychological health or even lead him to consider that his life is no longer worth living. It can lead to depression and other psychological pathology. Our Ohio elder abuse lawyers urge the senior's family to be aware of the signs of elder psychological abuse. Be aware of changes in your loved one's mental state. Listen to his complaints about staff threats, humiliation or isolation, credit the complaints, take them seriously, and follow up on them to confirm that threats were made, or humiliation inflicted, or staff's isolation of your senior or their refusal to provide your loved one access to social interaction. But if your senior denies that he has suffered psychological abuse, don't just accept the protestation in the face of the changes in mental state, depression or other adverse psychological detriment that you observe in your loved one. He may not tell you out of fear that staff will carry out their threats or punish him with greater humiliations given their already demonstrated capacity for inflicting humiliation. He may not tell you of his experiences with staff threats or humiliation because he fears even greater acts of cruelty, such as isolation. Psychological abuse may not leave the tell tale signs of physical abuse, the physical injuries, the cuts and bruises, or the evidence of neglect, the bed sores or soiled bed sheets. Instead your loved one's change in mental state is the initial sign that should cause you to look further. Ask the senior about the activities he participates in at the facility and the friendships he has developed to get a sense at least of whether your loved one may have suffered persistent isolation. Ask if the facility has provided your loved one access to psychological care, and if so, ask your loved one for permission to speak to the psychologist. Obtain an independent psychological opinion or second opinion. Persist to discover the source of your loved one's depression or other alterations in mental state. There can be nothing more tragic than a senior subjected to psychological abuse during the last years of his life.
Elder financial abuse can take many forms, from the theft of the senior's personal property, such as expensive jewelry or money. It can take the form of trickery, by professional con men or telemarketers that prey on the elderly. The senior may be induced to make "gifts" or sell property, including real property for less than its market value. Elder financial abuse can be perpetrated by the senior's fiduciaries, his conservators, attorneys, those with power of attorney or stockbrokers. Sometimes, sadly, family members may be responsible for elder financial abuse as where they assert undue influence over the senior, inducing him to make gifts to them of valuable artwork or first edition books or real property, or by inducing the senior to change his will to provide them a greater share of his estate upon his death. Our elder abuse attorneys recommend that the family be alert to thefts of the senior's expensive personal property, and to changes in ownership of his real property, seek the permission of the senior to take an active role in helping him to oversee his financial affairs, in reviewing his bank accounts for unexpected large payments or withdrawals, and be aware of "gifts" to other family members who may be asserting undue influence over the senior. Be alerted by the senior's insistence that family not visit or communicate with him, as it might suggest that an overreaching family member or friend is asserting undue influence, attempting to keep the other family members in the dark about the influence they are asserting, "gifts" they have obtained, or changes in the senior's will that they have encouraged. Con men thrive on the vulnerability of the elderly, and unfortunately, many seniors are susceptible to the persuasive influence of all those identified above as potential senior financial abusers. It is a fine line between wanting to respect the loved one's independence and right to make his own decisions for himself, yet wanting to protect him from those who would exploit his vulnerabilities. However, in many cases time may be of the essence, particularly where valuable property has been stolen or real estate transferred, and the senior or family may consider that prompt legal action is indicated to assure that the money or valuable assets, real property or financial instruments are not cashed out and dissipated.
Our Ohio elder abuse lawyers will consider representing seniors who have suffered physical abuse, neglect or elder abandonment at retirement homes, senior convalescent centers or nursing homes, or who have been subjected to psychological abuse, or financial abuse, throughout the state of Ohio, from Toledo, Cleveland, Akron, Canton, Parma and Youngstown to Columbus, Dayton and Cincinnati.
If you are a senior who has suffered physical abuse, neglect or abandonment or psychological abuse at a retirement home or nursing facility, or a family member who had determined that a senior loved one has been subjected to elder abuse, you may submit the "Contact" form and one of our Ohio elder abuse lawyers will contact you to discuss the nature of the abuse, the nature and extent of the senior's physical or psychological injury, and will provide our preliminary case evaluation and initial recommendations. Decisions with regard to the elder abuse lawyer best fit to represent the senior should be made upon a comparison of attorney credentials and experience, and any other qualities that the senior considers most important to him in the contemplated lawsuit. Our elder abuse attorneys invite you to inquire about our credentials.
Our Ohio Personal Injury Lawyers Welcome You to Contact Us for a Free Consultation. Our Ohio Auto Accident Motorcycle and Big Rig Truck Accident Lawyers, Premises Liability Attorney, Medical Malpractice Lawyer, Product Liability and Drug Defect Attorneys, Food Poisoning Lawyers and Elder Abuse Attorneys Will Consider Those Seriously Injured Throughout the State of Ohio, In Columbus, Toledo, Cleveland, Akron, Canton, Parma, Youngstown, Cincinnati and Dayton.
Our Ohio personal injury lawyers have attempted above to provide some insight into both the promise and difficulties involved in the cases falling within our Ohio practice areas, recommending appropriately qualified attorney representation, including, in serious injury cases, lawyers experienced in trying serious and catastrophic injury cases. Common indeed to all the cases arising in every practice area is the serious injury attorney's complex responsibility to fully demonstrate every measure of his client's general and special economic damages, perhaps most complex in the assembly of the teams of experts essential to maximize the seriously injured client's recovery for the future medical expenses that the client will likely incur over the course of his remaining life expectancy, and his earnings losses that he has sustained measured over the course of his pre-injury work-life expectancy. Regardless of how "simple" the liability picture may be, ALL serious and catastrophic injury cases are complex in terms of the Ohio attorney's preparation of the client's damage case to maximize the opportunities to recover for the client his full measure of general and special damages. Whether the case is an auto or motorcycle or big rig truck accident case, a medical malpractice, or product liability or premises case, or elder abuse or food poisoning case, the serious injury trial lawyer's greatest contribution to improving his client's opportunities to obtain fair compensation may lie in his preparation of the evidence of the client's full measure of general and special damages and his advocacy in demanding full compensation, not a dime less, in settlement conferences and at trial. We recommend our "Serious Injury Lawyers" page for a more exhaustive discussion of the subject than was presented briefly above.
Our Ohio auto accident lawyers, motorcycle attorneys and big rig truck accident lawyers explain the additional complication in obtaining the seriously injured client's full measure of damages presented by the "collectability" problem. Most drivers who cause accidents, even big rig truck drivers, are woefully underinsured to pay the full measure of the seriously or catastrophically injured client's general and special economic damages. It becomes the Ohio serious injury trial lawyer's responsibility in such cases to apply their investigative skills, employing the accident reconstruction expert, their knowledge of the law, their experience and advocacy to identify the "deep pocket" third party defendant who can be properly sued either on the bases of the evidence of its independent liability or vicarious liability for the accident and injuries.
Our Ohio medical malpractice lawyers explain the learning process that they must have the intellectual thirst for, aided by their experts, and by their independent medical research in many cases to identify the physicians', hospital staff's or other health care provider's failures to adhere to the applicable standards of care. They must learn the medicine in each case anew because each medical malpractice case is different, involving different histories of symptoms, different results from testing, different diagnoses, and different applications of care or treatment adopted by the health care providers. Examples are given in terms of the opportunities for trial lawyer advocacy in cross examination borne of the medical malpractice lawyer's education and understanding of the medical literature. Other examples of how difficult medical malpractice cases can be won despite the complexity of the medical subject matter by engaging superior medical experts to win the qualifications contest in advocating that the qualities of the plaintiff's experts should recommend the jury's acceptance of their opinions over those of the defendant physician's experts. Our Ohio obstetrical malpractice lawyers also discuss their particular interest in birth injury cases, some common errors that obstetricians or hospital staff will make resulting in fetal anoxia and brain damage, or serious injury occasioned by below standard response to examples of difficult births.
Our Ohio premises liability lawyers discuss the common complexity of what are colloquially called "slip and fall" or "trip and fall" cases. Our Ohio premises liability lawyers discuss serious and catastrophic injury premises liability cases for defective construction or maintenance or failures to warn of hazards on residential or commercial or public property. Again, liability in the premises liability case may be simple or complex to demonstrate, however, we describe the ever present complex responsibilities of the Ohio premises liability trial attorney to maximize the opportunities for his seriously injured client to recover his full measure of general and special economic damages.
Our Ohio product liability lawyers describe the panoply of products that may be defective and result in serious injuries, from infant toys to defective drugs. Our Ohio pharmaceutical product liability attorneys discuss the complexity of drug defect litigation, and the choices we are now assured, thanks to one of our Law Group product liability attorneys, to chose whether to prosecute the individual case independently or join in class actions. Some product liability cases can only be prosecuted individually, such as the case of an industrial machine lacking a safety device leading to a worker's loss of his arm, or against the manufacturer of tire, defective in its manufacture, that blows on the freeway, rendering the car out of control, resulting in serious injury to the occupants or others whom the car collides with. Our product liability attorneys identified others product liabiity cases in which there would be a choice to pursue the individual case independently or in the context of a class action. There are advantages to class action, for example as the costs of the litigation, including the often expensive costs of preparing and presenting the expert liability testimony, are shared by the large numbers joined in the class; assuming though some confidence that the class actions will be prosecuted competently. In the context of class actions the lawyer for the individual client also has good opportunities for superior advocacy in the preparation and presentation of his client's general and special economic damages. Our product liability lawyers are capable of prosecuting product liability cases both independently and in the context of class actions, so we consider that we are capable of offering good advice with regard to the relative merits of "opting-in" or "opting-out" of class actions.
Our Ohio food poisoning lawyers have discussed the complexity of individual cases, for example, against restaurants with inadequate policies or practices to assure that their food is not contaminated by the environs in which the meals are made or by those involved in preparing the meals, as well as the complexity of identifying the source of the contamination responsible for the client's illness. Our Ohio food poisoning lawyers discuss some of the serious illnesses with lifelong medical consequences that we will consider, such as E. coli HUS and TTP cases. Our Ohio food poisoning lawyers discussed "outbreak" cases, in which large numbers, often hundreds, are rendered ill as the result of food contamination at the location at which the food is grown or processed or incorporated into products for sale, often causing illness nationally as the products are distributed in many states and make their way to retailers, including grocery stores. In outbreak cases the FDA and CDC will commonly perform an exhaustive investigation, identifying the grower or processor or manufacturer of the food product responsible for its contamination, also identifying the particular food contaminant, E. coli, salmonella or one of the other bacteria capable of causing human illness. The FDA and CDC investigations often provide the "leg up" for the Ohio food poisoning lawyer in establishing liability in his client's case.
Our Ohio elder abuse lawyers discussed the tragedies of elder physical abuse, elder neglect and senior abandonment as well as elder psychological abuse by retirement homes, convalescent facilities and nursing homes. Our Ohio elder abuse attorneys also discussed the sad tragedy that many times our seniors may endure physical abuse or neglect or abandonment or psychological abuse for years without complaining, sometimes our of fear of reprisal or isolation, or because they feel dependent upon the retirement or nursing home employees for their sustenance, medical care, drugs or freedom to associate with others. Our Ohio elder abuse lawyers have provided some suggestions in terms of signs the families of seniors living in retirement homes or nursing facilities may look for to determine if their loved one may have been the victim of physical abuse, neglect or abandonment. Our elder abuse lawyers also discuss financial abuse, including theft by employees of senior facilities or scams by fly by night con men or telemarketers notorious for preying on the elderly, or the elder's fiduciaries, conservators, attorneys, those with power of attorney, or other family members who may assert undue influence over the senior to obtain "gifts" of valuable property, including real property, or by inducing the senior to change his will to provide the family member or friend a greater portion of his estate upon his death.
Our Ohio auto, motorcycle and big rig truck accident lawyers, medical malpractice attorneys, product liability lawyer, premises liability attorney, food poisoning lawyers and elder abuse attorneys will consider representing potential clients who have suffered serious injury throughout the state of Ohio, from Cincinnati and Dayton to Columbus, north to Akron, Canton, Parma, Youngstown, Toledo and Cleveland. Our Ohio personal injury lawyers concentrate on serious injury litigation in each of our practice areas.
We welcome you to contact us for a free consultation. You may submit the "Contact" form and one of our Ohio personal injury attorneys qualified in the relevant practice area and also experienced as a serious injury trial lawyer will call you to discuss your case, provide our initial case evaluation and recommendations. We consider that the client should want to compare the credentials and experience of any lawyer whom he would consider to represent him. And we invite you to inquire about our credentials.
*Jury Verdicts and Settlements:
$2.5 million dollar settlement in a contested liability motorcycle accident case in which the motorcyclist suffered a below the knee amputation. The motorcyclist pulled out from between two left turn lanes, splitting lanes, presenting a difficult liability case. The driver of the car that hit him also had a minimum $15,000/$30,000 auto liability insurance policy raising the "collectability" problem. Law Group attorney Henke was able to overcome the liability contest, to the satisfaction of the settlement judge, as the result of his deposition interrogation of the investigating law enforcement officer who ultimately agreed that the motorcyclist's having split lanes between the two left turning cars was not a competent cause of the accident. And the Law Group serious injury auto accident lawyer was also able to overcome the "collectability" problem after discovering through his investigation that the other motorist was carrying tools in his car trunk essential to his work, permitting the Law Group auto accident lawyer to sue also the motorist's employer, given this evidence that at the time of the accident the motorist was operating his vehicle "in the course and scope of his employment."
$2.7 million dollar jury verdict. Medical malpractice, drug product and medical fraud case. Medical malpractice and drug product liability attorney Henke represented 5 plaintiffs in a consolidated four month trial in which the jury found the defendants liable on multiple causes of action, from medical and hospital negligence to fraud and conspiracy to defraud the plaintiffs with dangerous and ineffective FDA approved and unapproved drugs. The Law Group lawyer designated fhe most highly distinguished scientists, epidemiologists and AIDS physicians in the world to testify for the plaintiffs in the case. Their identities and qualifications, including the discoverers of HIV and AIDS and the discoverer that AIDS is a sexually transmitted disease are described in the section of the center column of this page devoted to medical malpractice litigation. He conceived the "test" litigation to rectify the epidemic of AIDS drug fraud that followed upon the AIDS epidemic by suing also hospitals with the strategy that if punitive damages could be obtained against the hospitals that tolerated AIDS physicians who used on their patients ineffective AIDS drugs that hospitals across the nation would recognize the danger of failing to revoke the staff privileges of physicians who practiced AIDS drug fraud. In addition to awarding compensatory damages, the jury found the defendant hospital liable both for negligence and conspiracy to defraud, and awarded 1.6 million dollars in punitive damages against the hospital. The case was chronicled in most of the most legitimate newspapers in the United States, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, in legal journals, including the National Law Journal, and on national television, including Tom Brokaw's NBC Evening News and CNN . Pharmaceutical product liability attorney, Henke, also testified before Congress with regard to these cases and the need to rein in AIDS drug fruad, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.
$3.8 million dollar gross jury verdict in medical malpractice case involving failure to diagnose atrial myxoma, the most rare tumor in the human body. The plaintiff had presented initially to the defendant internist with a history of two episodes of feinting. The internist did a battery of tests including an electrocardiogram. When the tests failed to identify a medical cause for the feinting episodes the internist referred the patient to a neurologist who in turn did a battery of tests, also failing to identify a medical cause for the feinting episodes. The internist then diagnosed "vaso vagal syncope" a medical term suggesting a psychological cause for the feinting and referred the patient to a psychologist. The patient then had a stroke and the atrial myxoma was diagnosed during her hospitalization. The medical experts engaged by our Group medical malpractice attorney, Henke, tesified at trial that while it was not required by the standard of care that the physicians consider atrial myxoma in their differential diagnoses, if they had considered other more common cardiologic disease and had they done an echocardiogram to rule them out, they would have seen the atrial myxoma. Contributing to the success of the case was the Group medical malpractice lawyer's trial advocacy, also discussed in the center column of this page.
$1.5 million dollar settlement in a pharmaceutical product liability birth injury case. The case involved an experimental drug which the manufacturer sought to test for its efficacy as a sedative, employing over 1000 physicians nationwide. One of our Group pharmaceutical product liability lawyers, Henke, obtained from another, Pennsylvania Law Group drug product lawyer the list of the physicians who served as investigators for the drug company when 3 of his clients in the same small city contacted him with similar limb defects characteristic of the teratogenic drug, all of whose mothers were treated during pregnancy by the same obstetrician. It was confirmed that the mothers' common obstetrician was on the list of investigators who received the drug from the pharmaceutical company. The three cases, including the one above referenced case were filed against the drug manufacturer and the physician. The physician no longer had the patients' medical records. The clients mothers recalled receiving a sedative during pregnancy but did not recall the name of the drug. However, the Group pharmaceutical product liability attorney developed expert testimony that the limb defects were characteristic of limb defects caused by the suspect drug which combined with the evidence that the common obstetrician had access to the teratogenic sedative was deemed sufficient for the manufacturer and physician to resolve the above referenced case and the two others out of court for substantial settlements. The settlements were achieved despite that the mothers exposure to the drug and the births of the clients occurred more than 30 years prior to the case being filed, leading the manufacturer and physician to file demurrers and motions for summary judgment asserting the statute of limitations defense. The Group pharmaceutical product liability lawyer, Henke, responded to the motions with the contention that the manufacturer had sought to obscure that it had supplied the notorious drug to physicians in the United States, and that the physician intentionally concealed from the mothers that the drug might have been the cause of their babies birth defects. The court ruled in favor of the plaintiffs on the motions, and the settlements were achieved shortly thereafter..
Amount of settlement sealed by the Court. Law Group food poisoning lawyer, Nick Allis, settled a Food poisoning E. coli case resulting in Hemolytic Uremic Syndrome, HUS on the eve of trial. The case resulted in one of the largest E.coli settlements or verdicts ever reported in the United States.
Most recently our Law Group pharmaceutical product liability lawyers have settled many Vioxx cases in the context of the Vioxx Class Action. In many of our cases we filed appeals of settlement awards granted by the settlement administrators, gaining superior settlement awards upon the appeals.
*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts
$2.5 million dollar settlement in a contested liability motorcycle accident case in which the motorcyclist suffered a below the knee amputation. The motorcyclist pulled out from between two left turn lanes, splitting lanes, presenting a difficult liability case. The driver of the car that hit him also had a minimum $15,000/$30,000 auto liability insurance policy raising the "collectability" problem. Law Group attorney Henke was able to overcome the liability contest, to the satisfaction of the settlement judge, as the result of his deposition interrogation of the investigating law enforcement officer who ultimately agreed that the motorcyclist's having split lanes between the two left turning cars was not a competent cause of the accident. And the Law Group serious injury auto accident lawyer was also able to overcome the "collectability" problem after discovering through his investigation that the other motorist was carrying tools in his car trunk essential to his work, permitting the Law Group auto accident lawyer to sue also the motorist's employer, given this evidence that at the time of the accident the motorist was operating his vehicle "in the course and scope of his employment."
$2.7 million dollar jury verdict. Medical malpractice, drug product and medical fraud case. Medical malpractice and drug product liability attorney Henke represented 5 plaintiffs in a consolidated four month trial in which the jury found the defendants liable on multiple causes of action, from medical and hospital negligence to fraud and conspiracy to defraud the plaintiffs with dangerous and ineffective FDA approved and unapproved drugs. The Law Group lawyer designated fhe most highly distinguished scientists, epidemiologists and AIDS physicians in the world to testify for the plaintiffs in the case. Their identities and qualifications, including the discoverers of HIV and AIDS and the discoverer that AIDS is a sexually transmitted disease are described in the section of the center column of this page devoted to medical malpractice litigation. He conceived the "test" litigation to rectify the epidemic of AIDS drug fraud that followed upon the AIDS epidemic by suing also hospitals with the strategy that if punitive damages could be obtained against the hospitals that tolerated AIDS physicians who used on their patients ineffective AIDS drugs that hospitals across the nation would recognize the danger of failing to revoke the staff privileges of physicians who practiced AIDS drug fraud. In addition to awarding compensatory damages, the jury found the defendant hospital liable both for negligence and conspiracy to defraud, and awarded 1.6 million dollars in punitive damages against the hospital. The case was chronicled in most of the most legitimate newspapers in the United States, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, in legal journals, including the National Law Journal, and on national television, including Tom Brokaw's NBC Evening News and CNN . Pharmaceutical product liability attorney, Henke, also testified before Congress with regard to these cases and the need to rein in AIDS drug fruad, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.
$3.8 million dollar gross jury verdict in medical malpractice case involving failure to diagnose atrial myxoma, the most rare tumor in the human body. The plaintiff had presented initially to the defendant internist with a history of two episodes of feinting. The internist did a battery of tests including an electrocardiogram. When the tests failed to identify a medical cause for the feinting episodes the internist referred the patient to a neurologist who in turn did a battery of tests, also failing to identify a medical cause for the feinting episodes. The internist then diagnosed "vaso vagal syncope" a medical term suggesting a psychological cause for the feinting and referred the patient to a psychologist. The patient then had a stroke and the atrial myxoma was diagnosed during her hospitalization. The medical experts engaged by our Group medical malpractice attorney, Henke, tesified at trial that while it was not required by the standard of care that the physicians consider atrial myxoma in their differential diagnoses, if they had considered other more common cardiologic disease and had they done an echocardiogram to rule them out, they would have seen the atrial myxoma. Contributing to the success of the case was the Group medical malpractice lawyer's trial advocacy, also discussed in the center column of this page.
$1.5 million dollar settlement in a pharmaceutical product liability birth injury case. The case involved an experimental drug which the manufacturer sought to test for its efficacy as a sedative, employing over 1000 physicians nationwide. One of our Group pharmaceutical product liability lawyers, Henke, obtained from another, Pennsylvania Law Group drug product lawyer the list of the physicians who served as investigators for the drug company when 3 of his clients in the same small city contacted him with similar limb defects characteristic of the teratogenic drug, all of whose mothers were treated during pregnancy by the same obstetrician. It was confirmed that the mothers' common obstetrician was on the list of investigators who received the drug from the pharmaceutical company. The three cases, including the one above referenced case were filed against the drug manufacturer and the physician. The physician no longer had the patients' medical records. The clients mothers recalled receiving a sedative during pregnancy but did not recall the name of the drug. However, the Group pharmaceutical product liability attorney developed expert testimony that the limb defects were characteristic of limb defects caused by the suspect drug which combined with the evidence that the common obstetrician had access to the teratogenic sedative was deemed sufficient for the manufacturer and physician to resolve the above referenced case and the two others out of court for substantial settlements. The settlements were achieved despite that the mothers exposure to the drug and the births of the clients occurred more than 30 years prior to the case being filed, leading the manufacturer and physician to file demurrers and motions for summary judgment asserting the statute of limitations defense. The Group pharmaceutical product liability lawyer, Henke, responded to the motions with the contention that the manufacturer had sought to obscure that it had supplied the notorious drug to physicians in the United States, and that the physician intentionally concealed from the mothers that the drug might have been the cause of their babies birth defects. The court ruled in favor of the plaintiffs on the motions, and the settlements were achieved shortly thereafter..
Amount of settlement sealed by the Court. Law Group food poisoning lawyer, Nick Allis, settled a Food poisoning E. coli case resulting in Hemolytic Uremic Syndrome, HUS on the eve of trial. The case resulted in one of the largest E.coli settlements or verdicts ever reported in the United States.
Most recently our Law Group pharmaceutical product liability lawyers have settled many Vioxx cases in the context of the Vioxx Class Action. In many of our cases we filed appeals of settlement awards granted by the settlement administrators, gaining superior settlement awards upon the appeals.
*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts

Driving Under the Influence of Cell Conversation Results in DUI Level Driving Impairment And a 4 fold Increased Likelihood that the Driver will Cause an Accident.
Read the Henke Law Group Scientific Review Article. As Auto Accident Lawyers Knowledgeable About the Scientific Evidence, We Can Investigate to Establish That The Other Driver Was On His Cell Phone, and The Evidence Can Often Make the Difference in a Contested Liability Case.
In Serious Accident Cases, Where Our Auto Accient Lawyers Can Establish That the Motorist Was Engaged in a Business Call, Our Accident Attorneys Can Bring the Motorist's Employer in as a Defendant and Recover Against the Employer's Assets and Insurance Coverage.
Our auto accident attorneys have reviewed all the epidemiology and controlled experimental literature on the effect of cell phone conversation to impair driver attention. Driving under the influence of cell conversation results in DUI level driving impairment and renders the motorist four times more likely to cause an accident. Contrary to popular belief, it is not "holding" the cell phone which results in the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it does not matter whether the motorist uses a handheld or hands-free cell phone, the impairment is the same, and the 4 fold increased likelihood that the motorist will cause an accident is precisely the same. Yes, a number of other states have enacted "handheld cell phone" laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of cell phone conversation, regardless of the device used, results in the identical DUI level driving impairment and increased likelihood that the driver will cause an accident.
It is important that the auto accident lawyer obtain the cell phone records of the other driver in every "contested liability case," and especially in any serious injury auto accident litigation in which it appears that the other driver lacks sufficient insurance coverage to fully compensate the plaintiff for his injuries and full measure of his damages. In the contested liability case, the evidence of the other party's cell phone use in the moments prior to the accident may snatch victory from the mouth of defeat. In the most common serious injury auto accident case in which the motorist lacks sufficient insurance to fully compensate the bicyclist for his injuries and damages, it is essential that the auto accident attorney obtain the cell phone records of the motorist and conduct the appropriate depositions to determine whether the other driver was engaged in a business call in the moments leading up to the bicycle accident. If he was, then the knowledgeable auto accident lawyer can bring the employer into the litigation as a defendant, "vicariously liable" for the injuries caused by its employee in the "course and scope of his employment." In this way the bicycle accident lawyer may assure that his client will be fully compensated up to the limits of the employers insurance policy, and indeed, the employer's assets would be available to execute against.
Read the Henke Law Group Scientific Review Article. As Auto Accident Lawyers Knowledgeable About the Scientific Evidence, We Can Investigate to Establish That The Other Driver Was On His Cell Phone, and The Evidence Can Often Make the Difference in a Contested Liability Case.
In Serious Accident Cases, Where Our Auto Accient Lawyers Can Establish That the Motorist Was Engaged in a Business Call, Our Accident Attorneys Can Bring the Motorist's Employer in as a Defendant and Recover Against the Employer's Assets and Insurance Coverage.
Our auto accident attorneys have reviewed all the epidemiology and controlled experimental literature on the effect of cell phone conversation to impair driver attention. Driving under the influence of cell conversation results in DUI level driving impairment and renders the motorist four times more likely to cause an accident. Contrary to popular belief, it is not "holding" the cell phone which results in the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it does not matter whether the motorist uses a handheld or hands-free cell phone, the impairment is the same, and the 4 fold increased likelihood that the motorist will cause an accident is precisely the same. Yes, a number of other states have enacted "handheld cell phone" laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of cell phone conversation, regardless of the device used, results in the identical DUI level driving impairment and increased likelihood that the driver will cause an accident.
It is important that the auto accident lawyer obtain the cell phone records of the other driver in every "contested liability case," and especially in any serious injury auto accident litigation in which it appears that the other driver lacks sufficient insurance coverage to fully compensate the plaintiff for his injuries and full measure of his damages. In the contested liability case, the evidence of the other party's cell phone use in the moments prior to the accident may snatch victory from the mouth of defeat. In the most common serious injury auto accident case in which the motorist lacks sufficient insurance to fully compensate the bicyclist for his injuries and damages, it is essential that the auto accident attorney obtain the cell phone records of the motorist and conduct the appropriate depositions to determine whether the other driver was engaged in a business call in the moments leading up to the bicycle accident. If he was, then the knowledgeable auto accident lawyer can bring the employer into the litigation as a defendant, "vicariously liable" for the injuries caused by its employee in the "course and scope of his employment." In this way the bicycle accident lawyer may assure that his client will be fully compensated up to the limits of the employers insurance policy, and indeed, the employer's assets would be available to execute against.