Kirk Bernard's Welding Rod Injury Law Review

Six and a half million dollar verdict Against Miss. Nursing Home Tossed Over Juror's Statements

By KEVIN MCVEIGH, ESQ., Andrews Publications Staff Writer

The Mississippi Supreme Court has reversed a $6.5 million verdict awarded to the family of a deceased nursing home resident against the facility's owner and corporate parents, finding the trial court failed to investigate allegations of juror misconduct.

In a 7-2 opinion the high court said a juror allegedly told fellow jurors during the trial that the same facility neglected her relative, but she did not disclose that information to the court during voir dire.

The trial court's refusal to investigate the allegations, which were raised by another juror after the verdict, jeopardized the fairness of the trial, the state Supreme Court held.

The family of Charles Edwards filed the lawsuit in the Leflore County Circuit Court against Mariner Health Care and its subsidiaries, including National Heritage Realty Inc., which owned the Greenwood Health & Rehabilitation Center.

According to the high court's opinion, Edwards suffered from severe mental retardation, autism, seizures, a swallowing disorder and chronic pneumonia. He entered the Greenwood center in December 1994 at age 40.

In 1997, after Edwards' refusal to eat led to a significant weight loss, Greenwood staff members inserted a feeding tube into his stomach. However, his body eventually stopped processing nutrients from the tube, and he lost 22 pounds. Despite this, Greenwood never ordered intravenous feeding, the opinion said.

Edwards died Feb. 16, 2002, from pneumonia-related cardiac arrest. The high court said the pneumonia resulted from volume depletion, a condition caused by lack of fluid in the body's cells.

Edwards' family alleged in their wrongful-death and negligence lawsuit that Greenwood's failure to start IV feeding caused his death.

In December 2003 a jury awarded the family $1.5 million in compensatory damages and $5 million in punitive damages

Read the rest at Findlaw

Florida Under Pressure To Renew Personal Injury Insurance Legislation

Tallahassee, FL (AHN) - If lawmakers don't act quickly, Florida will be the only state in the union that would not require drivers to have bodily injury liability coverage.

Florida's Chief Financial Officer Alex Sink said on Wednesday that if a current law is allowed to expire, the estimated 20 percent of the state's residents who have inadequate or no health insurance would be rendered unable to pay their bills if injured in a traffic accident.

"That's serious," Sink said. Should the measure expire drivers will only be required to carry liability insurance for property damage.

Currently the state's requirement for personal injury protection, or PIP, will automatically expire Oct. 1 unless the legislature passes a law to continue it.

Read the full article here.

Personal Injury Feed

The Top Ten Reasons People Hire An Attorney

1. Why should I hire an attorney?
The attorneys at Bernard & Lundgren have 75 years of combined experience handling personal injury matters. Our skilled and experienced team of lawyers will examine the facts, evaluate your claim, determine which parties and insurance companies are responsible, and organize all of the details of preparing and presenting your case.
Our team of dedicated lawyers represent those who have suffered serious injuries as a result of the negligence of others, including automobile accidents, motorcycle accidents, defective products, premises liability, unsafe drugs, medical malpractice, and nursing home abuse.

2. How do I know if I have case?
The staff at Bernard & Lundgren will discuss your case with you at no charge. Please call our office at 1-800-418-8282, or you may use our online case evaluation forms at www.4injured.com.
Your personal injury claim is based on medical proof regarding your injuries and any lasting effects they have on your life.

3. How much do I have to pay?
Bernard & Lundgren works on a contingency fee basis when handling personal injury cases, which means that the client does not have to pay for attorneys fees or costs until there is a settlement or recovery. Clients in turn receive extensive service and representation. Majority of our cases are carefully selected so that we can provide each case with the time, skill, thought and effort it deserves.

4. Should I wait to hire an attorney?
Bernard & Lundgren works on a contingency fee basis, which is a percentage of the total settlement, and therefore the fee remains the same whether you hire our firm the day the accident occurs, or once you are ready to settle. If the fee will remain the same, why not hire an attorney immediately?
The benefit of hiring an attorney lies not only in obtaining the highest recovery for your injuries, but also in providing advice and assistance along the way. Our experienced attorneys know how to manage personal injury claims to ensure that proper documentation is obtained and preserve essential evidence. We have a wealth of experience in nearly every type of injury and can direct you to qualified specialists and other medical providers to ensure that you receive top-notch treatment.

5. How are my medical bills paid?
In most cases, your own health insurance will pay for your medical bills and then be reimbursed out of any settlement or recovery. This right of recovery is referred to as subrogation, and just by hiring an attorney, you may save money by not having to pay back 100% subrogation to your health insurance. If you were injured while on the job, the workers compensation carrier will pay for your medical bills, and if you were a driver or a passenger in a vehicle which has Personal Injury Protection (PIP), that coverage will be primary for paying your medical bills before your health insurer. There are also situations where the defendant's PIP may pay for your medical bills, such as if you were a pedestrian or bicycle struck by the defendant's vehicle. In addition, if you were injured on a defendant's premises, their homeowner's or premises liability policy may include medical payment coverage.

6. How do insurance companies evaluate claims?
Insurance companies evaluate claims based upon the medical evidence. The medical evidence is developed through your verbal discussions with your medical providers, therefore it is important to be specific about your symptoms every time you see your doctor or other health care provider. It is your responsibility to see that your doctor is aware of the consequences of your injuries such as difficulty performing your job, maintaining your home, and other restrictions on daily living and social activities.

It is also important that you maintain a regular treatment program with your medical providers, and do not have any unexplained gaps in your treatment. Insurance companies know that most injured people will go to the emergency room, follow up with their primary care physician in a few days, and then start on a course of regular medical treatment, such as physical therapy or chiropractic. This treatment will gradually taper down from several visits per week or only a few per month until the person has reached maximum medical improvement at which time they will be ready to settle. Diversions from this pattern raise red flags to an insurance company so it is vital that you do not miss doctor's appointments and keep in regular communication with the attorney or paralegal regarding your injuries and medical treatment.

7. What is my case worth?
A case is worth what a defendant will pay in pretrial settlement or a jury awards at the end of trial. Predicting an amount is an inexact art. Attorney cannot predict exactly what a case is worth for a client. However, an experienced attorney can determine from similarly handled cases a reasonable settlement range after a client's medical condition has stabilized and amounts of the monetary damages are determined. Money damages are medical expenses, wage loss and loss of earning capacity.

8. How does a case progress in the office?
Bernard & Lundgren will first complete the investigation into your case to confirm that liability is accepted by the defendant's insurance company. Once that is done, we will keep in regular contact with you regarding your medical treatment and give you advice regarding specialists, such as orthopedic surgeons, neurologists, and plastic surgeons, to fully evaluate your injuries and give second opinions on treatment. After your doctors have determined that you have undergone all medical treatment that will improve your condition, we will attempt to settle your case with the defendant's insurance company. If negotiations breakdown, we are ready to file a lawsuit and proceed all the way to trial to ensure that you receive fair compensation for your injuries.

9. What can I do to expedite my case?
It is important to complete any forms we send to you and promptly return our phone calls. Always forward all bills from medical providers, prescription receipts, disability slips, return to work authorizations, estimates of the damage to your vehicle, bills for towing and storage, photographs of the vehicles involved in the accident and your injuries, your insurance policy, accident reports, copies of statements you or any party made to insurance company or law enforcement agencies, any letters from insurance companies, doctors, hospitals, other parties involved in the accident, or other communications regarding you injuries, or any other miscellaneous bills relating to losses or damages you have sustained as a result of this accident or your injuries.

10. How long will it take to settle my case?
Bernard & Lundgren will not be in a position to settle your case until you have completed medical treatment, so it is important that you follow up regularly with your medical providers and notify the staff at Bernard & Lundgren if you think your injuries have resolved and you are ready to settle your case. The value of your case depends on many factors, including your diagnosed injuries, length of treatment and any permanent or long-term problems after your medical treatment has completed. Once you have completed treatment, Bernard & Lundgren will request copies of your medical records and bills and obtain additional documentation, such as proof of your lost wages, to prepare a settlement package for the insurance company. Negotiations will then begin and the attorney will contact you once an offer is made to settle your case. Bernard & Lundgren always keeps in mind your best interest in settling a case and we are always prepared to go to trial to obtain the best financial recovery.

IF YOU, OR A LOVED ONE, HAVE BEEN SERIOUSLY INJURED, RESULTING IN A SPINAL CORD INJURY - CALL TODAY FOR A FREE CONSULTATION!

1-800-CALL-KIRK

Asbestos lawsuits create U.S. legal crisis

Houston Chronicle: "Asbestos lawsuits create U.S. legal crisis," by Mike Tolson--

Burdened by 48,000 asbestos lawsuits, Kelly-Moore wants to prove to a jury that Union Carbide lied to it in the 1960s and '70s about the safety of asbestos. Company executives say its survival may rest on its verdict.
Kelly-Moore's David-and-Goliath assault on Union Carbide and its deep pockets is being widely watched because of the size of the damage claim — about $1.4 billion — and the precedent it could set. Reduced to basics, however, it is one more front in the war over a mineral that for much of the last century was viewed as a godsend.

FDA Opens VIOXX Information Page

Did you know the FDA maintains a web page on Vioxx and its recent withdrawal from the market? If you have other questions about Vioxx or are looking for a Vioxx lawyer, you can call my law firm, Kirk Benrard Law Offices at 1-800-CALL-KIRK if you used Vioxx and suffered any of the following side effects:

Heart attack;

Stroke;

Blood clots;

Deep vein thrombosis;

Pulmonary embolism.

We are attorneys who have had years of experience with pharmaceutical litigation like lawsuits against Merck, which manufactured Vioxx--as your Vioxx attorneys, we can help!

Pfizer Says Bextra May Increase Risk of Heart Attack and Stroke

Pfizer Says Bextra May Increase Risk of Heart Attack and Stroke
Source: PR Newswire
Published: October 15, 2004
Pfizer, the world's largest drugmaker, on Friday warned doctors that its arthritis drug Bextra might increase the risk of cardiovascular events, including heart attack or stroke, in coronary bypass surgery patients.

The news comes just two weeks after Merck pulled its arthritis drug Vioxx from all worldwide markets after a study confirmed that it increases a patients' risk of heart attack or stroke.

Bextra and Vioxx are members of the Cox-2 inhibitor class of drugs, which are used for the reduction of pain and inflammation caused by arthritis.

The company also updated Bextra's warning label to include information regarding the risk of a very rare but serious skin reaction called Stevens-Johnson syndrome. In a press release, Pfizer said this risk exists with Bextra primarily within the first two weeks of therapy and, while very rare, at a reported rate greater than other COX-2 products, such as Celebrex.

Bextra was approved and introduced in the U.S. market in 2001.

Comes courtesy of Legal News

Pfizer Agrees to Pay $430 Million to Settle Asbestos Claims

Pfizer Agrees to Pay $430 Million to Settle Asbestos Claims
Source: PR Newswire
Published: September 03, 2004
Pfizer Inc., the world's largest drugmaker, said on Saturday that the company and its wholly owned subsidiary, Quigley Company, Inc., have agreed to pay $430 million to resolve all pending and future claims against the companies in which claimants allege personal injury from exposure to Quigley products containing asbestos, silica, or mixed dust.

Quigley was acquired by Pfizer in 1968 and sold small amounts of products containing asbestos until the early 1970s, Pfizer said in a statement.

Specifically, the companies have taken three steps:

1) Reorganization plan: Quigley will file a Chapter 11 reorganization plan in the U.S. Bankruptcy Court for the Southern District of New York that must be approved by the court and confirmed by a vote of 75 percent of the claimants. In connection with that filing, Pfizer has entered into settlement agreements with lawyers representing more than 80 percent of the individuals with claims against the two companies that provide for a total of $430 million in payments.

2) Establishment of Trust: The reorganization plan will establish a trust for the payment of all remaining pending claims as well as any future claims alleging injury from exposure to Quigley products. Pfizer will contribute $405 million to the Trust over 40 years through a note, as well as approximately $100 million in insurance. Pfizer will also forgive a $30 million loan to Quigley.

3) Permanent injunction: If approved by the court, the reorganization plan will result in a permanent injunction directing all future claims alleging personal injury from exposure to Quigley products to the Trust.

"The steps we announce today will, with court approval, establish a responsible and orderly process for the fair payment of these claims, while at the same time minimizing the costs, risks, and distractions of litigation that has spanned several decades," said Jeff Kindler, Executive Vice President and General Counsel, Pfizer.

Read Full Story at PR Newswire