Michael Phelan - The Legal Examiner (Page 4)

Former Cowboys Star’s Condition Highlights the Dangers of Concussions

I can remember watching N.F.L. Hall of Famer Rayfield “Big Cat” Wright in the 1970s and being in awe of his size and skill. Back then, an offensive lineman standing 6 feet 7 inches and weighing 255 pounds seemed big. Mr. Wright was featured in…

By Michael Phelan

/ 30 Jan 2014

Local Football Coaches Strive to Reduce Richmond Traumatic Brain Injuries

A number of recent, local football-related tragedies have resulted in former football players, Richmond doctors, Richmond coaches, and others pushing for football safety measures, including rule changes, better equipment, and a different approach to practice. As many people know, there have been

By Michael Phelan

/ 14 Dec 2013

Device Designed to Eliminated Texting While Driving-Update

I posted recently about a wonderful new device designed to prevent a driver from being able to use his or her mobile phone manually once the vehicle is started. I expressed concerns at the end of the post that the interlock system could be overridden…

By Michael Phelan

/ 6 Dec 2013

Virginia Inventor Seeks to Eliminate Texting While Driving

There seems to have been a proliferaton of recent stories involving automobile, bus, tractor trailer truck, train, and boat crashes caused by distracted driving. There may be some very promising news on the distant horizon with respect to texting while driving an automobile. Clay Skelton,…

By Michael Phelan

/ 5 Dec 2013

Confusing Reports about J&J DePuy ASR Hip Settlement

Last week it was reported widely that Johnson & Johnson had “tentatively agreed to a settlement” that could reach up to $4 billion to resolve thousands of lawsuites filed for patients injured by defective DePuy ASR hip implants. DePuy Orthopaedics is a division of Johnson &…

By Michael Phelan

/ 20 Nov 2013

Defending Traumatic Brain Injury Cases With Innuendo and/or Junk Science-Part I

What drives big trial verdicts? Defense trial lawyer organizations are buying into the theory that if a plaintiff lawyer is able at trial to trigger jurors’ survival instincts, that jury is far more likely to return a big verdict in favor of the plaintiff. If jurors see…

By Michael Phelan

/ 29 Oct 2013

What is Going on with DePuy ASR Hip Replacement Litigation?

I’ve been reading reports by various bloggers, Bloomberg News, and the National Law Journal that Johnson & Johnson, DePuy Orthopaedic’s parent company, is considering whether to agree to pay $3 billion to settle more than 10,000 cases filed concering its defective metal-on-metal ASR hip replacement

By Michael Phelan

/ 18 Oct 2013

Halliburton Pleads Guilty to Destruction of Evidence Regarding Gulf Oil Spill

During a trial over the cause of the BP oil spill that claimed the lives of eleven people and decimated the Gulf coast with about 4.9 million barrels of oil, both the government and BP alleged that faulty cement work by Halliburton Co. contributed to the…

By Michael Phelan

/ 19 Sep 2013

$2M Verdict in Bellweather Mesh Device Trial

In 2011, the FDA issued a safety warning stating that “serious complications associated with surgical mesh for transvaginal repair of [pelvic organ prolapse] are not rare.” The FDA ordered surgical mesh manufacturers to submit additional studies of the safety and effectiveness of their products. C

By Michael Phelan

/ 19 Aug 2013

Financial Advisors “On the Move” – Protocol and Covenants You Should Know

Whether the move is voluntary or as a result of an unexpected termination, financial advisors moving to new brokerage firms face a legal and business quagmire that may affect their ability to serve new and existing clients: What about the client list and the accounts…

By Michael Phelan

/ 23 Jul 2013

Use of Black Box data in Car Crashes

Black boxes, formally known as event data recorders (“EDR”) are not just present in airplanes and tractor trailer trucks. About 96 percent of all new automobiles sold in the United States have EDRs. In April 2008, the U.S. Department of Transportation, National Highway Traffic Safety…

By Michael Phelan

/ 22 Jul 2013

Implore Trial Judges to Take a Stand Against Insurance Defense Doctors

There are doctors around the country making six to seven figure incomes per year doing medical-legal consulting for insurance companies. Here’s an example of a case in which such work occurs. A person injured in an automobile crash files a lawsuit. The insurance company attorney…

By Michael Phelan

/ 12 Jul 2013