Birmingham Persoanl Injury News

Alabama May Prevent Weight Gain Lawsuits

2011-05-04T15:48:00.000-07:00

Obesity has become a major political issue in cities throughout the United States, and now Alabama has decided to take part in the debate. Unlike places such as New York City where they put restriction on what restaurants can sell and how they can prepare their food by banning trans fat and excessive salt use, Alabama is taking a different approach to the issue.

Instead of putting restrictions on the restaurants, Alabama is currently debating a bill that would restrict consumers from suing restaurants, grocery stores, or other businesses which may sell food items that may contribute to an individual's weight gain.

The bill called the "Common Sense Consumption Act" is aimed at protecting small restaurants that would be harmed the most if someone decided to sue their business because they felt the restaurant is responsible for their weight gain.

Having to fight such a lawsuit could force a small restaurant to go out of business said Republican state Rep. Mike Jones of Andalusia, the sponsor of the bill.

However, the bill doesn't protect a business from potential lawsuits if they mislead or made false claims about their food such as the amount of calories in a particular dish.

The president of the Alabama Restaurant Association, Larry Fidel, said up to now there have been no such lawsuits filed in Alabama, but there have been suits against restaurants in other states.

The most resent notable case was a California mother who decided to sue McDonald’s claiming McDonald’s is using the toys in their Happy Meals to make her daughters want "nutritionally unsound" food.

Fidel said these types of lawsuits hurt businesses even when they are eventually thrown out of court.

Alabama Man is Awarded $25 Million in Accutane Lawsuit

2010-02-19T14:06:00.000-08:00

Andrew McCarrell, a thirty eight year old from Birmingham Alabama, was recently awarded $25.16 million by a New Jersey jury. McCarrell, claimed that Hoffmann-La Roche Inc, a Swiss pharmaceutical company, failed to adequately warn its costumers of the potential side effects they may experience after taking Accutane. In McCarrell’s case, he had experienced an inflammatory bowel disorder which forced him to have his colon surgically removed. Accutane is an acne medication which McCarrell took in his 20’s and has been taken off the market since June 2009. Hoffmann-La Roche Inc cited generic competition and lawsuits costs for its decision to stop selling Accutane. But this won’t be the last lawsuit for Roche. Currently there are about 750 individual lawsuits pending nationwide.

If you or someone you know have taken Accutane and had any medical problems since then, contact the Pharmaceutical Attorneys of PDKH Law. We have extensive experience with Pharmaceutical & Drug Litigation. Call us (866)-515-8880 today.

Lawsuit Filed Against Pfizer's Quit-Smoking Drug, Chantix

2010-01-26T09:30:00.000-08:00

For the pharmaceutical company Pfizer, the 2010 year began with three personal injury lawsuits against them claiming its drug Chantix, a non-nicotine prescription medicine specifically developed to help adults 18 and over quit smoking, was responsible for two attempted suicides and one wrongful death.

The lawsuits, which were filed in Manhattan at the New York State Supreme Court, claimed that Pfizer knew and failed to informed doctors and patients about the potential side effects of depression and suicide thoughts when taking Chantix.

In May 2008, Pfizer updated the consumer safety information for Chantix to state "some patients have reported changes in behavior, agitation, depressed mood, suicidal thoughts or actions" after the FDA issued a statement saying "it appears increasingly likely that there is an association between Chantix and serious neuropsychiatric symptoms" in February 2008.

However, the new lawsuits insist that the new warnings on Chantix were inadequate and Pfizer was reckless. They even claim that the drug company misrepresented the risks and dangers of Chantix. Two of the three lawsuits claim that their plaintiffs attempted to kill themselves as a result of taking Chantix. The third lawsuit is a wrongful death lawsuit, claiming Annette Pine killed herself after using the drug.

Pfizer issued a statement defending the drug.

"At all times, Pfizer has clearly communicated important information about the safe use of Chantix, which is available only with a prescription,'' Pfizer spokeswoman Sally Beatty said in the statement.

If you or a loved one was taking Chantix and believed you suffered injuries as a result of taking the drug, contact the Birmingham Personal Injury Attorneys of PDKH Law.

AL Jury Awards $20 Million For Medical Wrongful Death

2010-01-06T07:03:00.000-08:00

After a nine day trial and one hour and 20 minutes of deliberation, an Alabama jury found anesthesiologist Dr. Randall Boudreaux and nurse Don Ortego liable for the death of Paulett Pettaway Hall who choked on her own bile.

In 2006, Paulett, who was a 32 year old and mother of two, went to Springhill Memorial Hospital for exploratory gastrointestinal surgery. The jury found that the anesthesiologists failed to follow national standards that require them to perform certain evaluation before surgery to ensure the safety of the patients. In Paulett's case, Dr. Boudreaux used a routine induction despite the fact that she was a high risk for pulmonary aspiration due to a record of gastrointestinal problems, nausea, vomiting, weight problems, and had severe abdominal pain.

All of this was noted in her medical records, but Dr. Boudreaux and his nurse Ortego did not review Paulett's medical file nor did a physical examination before the surgery. Medical experts testified that if the medical staff reviewed the patient's file they would have been adware of Paulett's risks to a standard induction and should have done proper aspiration risk precautions.

The jury awarded Paulett's family with $20 million for their lost last December.

If you or someone you know was a victim of medical malpractice, contact the Alabama Personal Injury Attorneys of PDKH Law. For more than 20 years, they have been protecting the rights of victims throughout Alabama.

Teenage Girls Die From New Year's Crash

2010-01-05T13:12:00.000-08:00

For two Alabama families, the New Year began with sorrow after receiving news that their teenage daughters died due to a fatal auto accident on Saturday, January 2, 2010.

According to State Troopers, Sarah Denise McGuff, 19, and only child Brittany Lea Gates, 18, were in a Ford Mustang on Ala. 188 towards Grand Bay when the car left the road, struck the culvert and hit a pecan tree around 2:40 a.m. Sarah, who was the passenger in the car, died at the scene of the accident. Brittany was taken to the University of South Alabama Medical Center in Mobile where she too died.

The cause of the accident has yet to be determined by State Troopers, though it was noted that before the accident occurred, it did rain in the area. According to James Gates, Brittany Gate’s Father, "It could have been anything, only the two of them know for sure what happened."

If you or someone you know was injured in auto accident in Alabama, contact the personal injury attorneys of PDKH Law. We understand the impact that a car accident can have on someone’s life. That is why we will help you step by step through this difficult time and get you the compensation you need.