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James Humann

MASS TORT UPDATE: $300 MILLION BENICAR SETTLEMENT

On August 1, 2017, the Daiichi Sankyo Company announced it has agreed to a $300 Million settlement related to its olmesartan product, Benicar. The manufacturer/defendant, Daiichi Sankyo, is a global pharmaceutical company with origins in Japan.  While agreeing to a […]

Jon Lewis

Need an attorney? Do you want a Mill or a Boutique?

So, you are in a car wreck, or you’ve suffered from medical malpractice, or a family member or acquaintance has been killed due to another’s negligence, or you’ve been defrauded or wrongfully treated by an insurance company.  What do you […]

F. Paul Bland, Jr.

The Nursing Home Industry’s War to Deny Patients Their Day in Court

The proposed “revisions” of an important government rule roll back the prohibition on pre-dispute forced arbitration agreements and allow for forced arbitration as a condition of admission to nursing homes, closing the courthouse doors for many. It’s important to make your voice heard on this proposed step backwards by submitting public comments urging that our most vulnerable be protected.

Mark Bello

Two Families File Wrongful Death Lawsuits Against Massachusetts Nursing Home

Two families have filed wrongful death lawsuits against a Massachusetts nursing home claiming the facility is to blame for the residents’ deaths in 2015 from injuries suffered after falls. Both residents died of blunt force head trauma. One victim was […]

Tatum O’Brien

H.R. 1215- an Anti-Justice Bill Limiting Recovery for those Injured in Healthcare Cases.

Congress has recently taken several bills under consideration related to tort reform. If these bills are passed, they could limit, eliminate, or significantly change individual’s access to the justice. On June 28, 2017, the House is to vote on “Protecting […]

Randy Appleton

West Virginia Nursing Home Sued for Negligence

A man is suing AMFM LLC in Charleston, West Virginia, which is the owner of a nursing home where the man’s wife was a resident in 2015. The lawsuit alleges that Lula Jarvis died in the care of the nursing […]

Scott R. Marshall

TORT DEFORM: Tort Reform and the Absurdity of Caps on Damages

I am a trial lawyer. I know our tort system well. I cannot stand frivolous claims, nor can I stand frivolous defenses. They have no place in our Civil Justice System. I also have no patience for disingenuousness. The assault […]

Andrew D'Arcy

NURSING HOME RAPE EPIDEMIC

The size and structure of aging Americans is changing.  According to the U.S. Census Bureau, the nation will experience considerable growth in its older population as baby boomers continue to enter their golden years.  This growth in elderly individuals is […]

F. Paul Bland, Jr.

Will Congress Give Abusive Nursing Homes a ‘Get Out of Jail Free’ Card?

A group of lawmakers wants to hand the nursing home industry a get-out-of-jail free card, in the form of HR 1215. The bill, which is deceptively titled the “Protecting Access to Care Act of 2017,” would cap the amount of “non-economic” damages a victim could obtain from a nursing home in a lawsuit at just $250,000 per case, no matter how many victims were hurt or how many people (or corporations) are responsible.

Wayne Parsons

H. R. 1215 promotes unsafe medicine

  The Bill is H. R. 1215 – and Rep. Steve King (R – IA)) gave it the title “Protecting Access to Health Care Act of 2017″. For starters it is interesting to note that at the same time H. […]