In the News

Will the U.S. Supreme Court deny justice for Karen Bartlett?

The U.S. Supreme Court will hear a case known as Mutual Pharmaceutical v. Bartlett on March 19, 2013.  It centers around a woman who suffered devastating side-effects after taking the generic drug sulindac for shoulder pain.

Will cruise passengers be victimized again – by forced arbitration

This post was originally published on the Alliance for Justice’s blog and can be found here.

As they suffered in sweltering heat, walked through sewage and defecated in plastic bags, some of the passengers aboard the Carnival Cruise Lines ship Triumph probably were thinking “At least when we finally get home we can sue the b-----ds.”

The Carnival Triumph in happier times (including working toilets) Well, they can try – and some already have. But the U.S. Supreme Court has made it a lot harder than it should be.

Avery's Heartaches

Avery de Groh, now 9 years old, is facing an all too familiar anguish: her life saving heart defibrillator has again been recalled. Stuck with the impossible decision of leaving a faulty device in their child or risk an intense surgery to take it out, the de Groh’s are wrestling with what to do. While unnecessary shocks and a second recall are alarming enough, more so is the fact that the de Groh’s learned about this recall a year after the fact through a chance newsletter. But the medical devices industry enjoys near total immunity from being taken to court if their devices were once approved by the FDA.  The result is a financial and emotional burden for the de Groh’s, who have already paid once for such a removal surgery and will be forced to pay out of pocket yet again.

The Oklahoman Relies On Corporate Lobbyists' PR Campaign To Promote Myth Of Lawsuit Abuse

This post was originally published on Media Matters for America’s blog and can be found here.

Congress Acts on Drywall in First Day of 2013

While the “fiscal cliff” negotiations continued in the wee hours, Congress did pass one piece of legislation that got very little national attention: legislation that would set standards for drywall.  It might seem trivial, but not for the thousands of homeowners who have lost their homes or suffered significant drops in their home values because of dangerous Chinese drywall that was used after hurricane Katrina created shortages in the South.

Instagram and Your Legal Rights

This post was originally published on the Alliance for Justice’s blog and can be found here.

The REAL danger in Instagram's new Terms of Use: forced arbitration

Perhaps you’ve read about the controversy over new “Terms of Use” from the photo-sharing service Instagram, which now is owned by Facebook.  Under the terms, if you use Instagram it is free to sell your photos, your likeness and pretty much anything else it knows about you to advertisers – without any further consent on your part, and without compensating you.  And if, by some chance, you’re under 18, Instagram assumes that when you click “accept,” at least one parent has read over the terms and agreed to them on your behalf.

The Atlantic: One Quick Answer to Sandy Hook? Repeal the 2005 Arms Act

Should those who make and sell guns be immune from lawsuits?  One prominent legal analyst argues the law needs to change.  Check out Andrew Cohen’s article for The Atlantic.

WSJ Misrepresents Personal Injury Law In Support Of ALEC Effort To Deny Asbestos Relief In Ohio

This post was originally published on Media Matters for America’s blog and can be found here.

A Wall Street Journal editorial echoed right-wing talking points to endorse an Ohio bill that would restrict asbestos victims from proving their claims at trial. But the editorial, which claims "rampant fraud" exists in asbestos-related litigation, provides no evidence of systemic abuse, conceals the fact that multiple companies can be legally responsible for asbestos injuries, and fails to disclose that the state legislation is a corporate-funded American Legislative Exchange Council bill pushed by top Republican ALEC officials.

Generic Drug Immunity Redux

Karen suffered “hell on earth” because of a generic drug, according to her burn surgeon.  Is the maker immune from responsibility?    

Last week the Supreme Court agreed to hear a case that could have an impact on those who are injured after taking a generic drug.

Meningitis Outbreak: Congress, State Laws and Marjorie's Story

Patients’ legal rights are constantly under attack in the state as well as federal level. For example, in Michigan when a resident is hurt by an unsafe drug or a medical device that was approved by the FDA, state law prohibits filing a lawsuit against the manufacturer.  As if this doesn’t inhibit access to justice enough, the state legislature is trying to further restrict patients’ rights.

We only need to look at the meningitis outbreak to see why bad actors must be held responsible for the injuries they cause.  Marjorie Norwood of Tennessee is among the many victims.  She is battling meningitis from a tainted steroid shot.  Her daughter Melanie shared her mother’s tragic story.

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