Mississippi Man Awarded $500,000 in Medical Malpractice Lawsuit

Dr. John Henry Fairbanks has been ordered to pay a Natchez man $511,000 for medical bills and suffering caused by his negligence during knee replacement surgery, reports the Natchez Democrat.

The jury awarded the plaintiff $300,000 in non-economic damage and $211,000 in economic damage. 

According to the complaint, one of the screws put in the patient’s knee was too long and scraped the bone and soft tissue behind the knee.  This alleged negligence resulted in excessive bleeding, pain and swelling which led to infections and three additional surgeries.

Our attorneys at Munley, Munley, & Cartwright are experienced in medical malpractice lawsuits and will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients.  If you or a loved one has been harmed by medical negligence, you may have a medical malpractice claim.

Contact us now at 1-800-318-LAW1 or submit an online free Medical Malpractice Claim Evaluation.

Medical Malpractice

$4.75 Million Awarded in Virginia Fireworks Accident

What was supposed to be a spectacular fireworks show turned into horror when a high-powered “salute” rocket was fired into a crowd in Vienna, Virginia, during the Fourth of July 2007 fireworks.

A Fairfax County jury ruled Schaefer Pyrotechnics should pay a 39-year-old mother $4.75 million for the injuries and financial damage she suffered when the “salute” shell exploded next to her as she sat on Waters Field holding her 3-year-od son. 

She not only suffered severe burns on her head, face, arms and body, but she also has large penetrating shrapnel wounds and lasting brain injury from the concussion wave.

Her son, now 7-years-old, spent three days in a coma and also had burns and severe brain injury as a result of the explosion. The extent of his damage is still being assessed.  A separate lawsuit will be filed on his behalf.

The accident, which also happened several times that night at different sites, was caused when a “cake box” of mortars overturned and launched shells sideways instead of into the evening sky.

The Munley, Munley, & Cartwright law firm has years of experience in personal injury claims.  If you or a loved one has been injured as a result of the carelessness or negligence of another, call our office today at 1-800-318-LAW1 for a free assessment of your case or use our Free Online Accident Case Evaluation

Fireworks Personal Injury

Lawyers Group Asks New Administration To Limit Preemption Regulations

The American Association for Justice, a trial lawyers group, has asked the Obama administration to reverse Bush-era regulations that “preempted” the right of U.S. to hold wrongdoers accountable through the civil justice system.

“AAJ has outlined five key steps that will restore the traditional balance between federal regulation and state-based consumer protections and ensure injured Americans have access to the courts when injured by negligence or misconduct,” according to a press release on the AAJ site.

Said AAJ Senior Vice President for Public Affairs Linda Lipsen, “The efforts to give negligent corporations complete immunity, escape accountability, and leave Americans without any recourse has gone too far and must be reversed.”

At the Munley, Munley & Cartwright Law Firm in Pennsylvania, we believe those who cause personal injuries must be held accountable. We believe the rights of victims deserve protection. The Scranton personal injury lawyers of Munley, Munley & Cartwright have experience representing clients in a variety of accident claims. If you have been injured in Pennsylvania, contact us for a free consultation at 1 (800) 318-LAW1 or through or online contact form.

Association of Justice Preemption Press Release

Drug Lawsuits and Pre-Emption: A Closer Look

The issue of pre-emption in drug lawsuits was at the center of a case argued Nov. 3 at the U.S. Supreme Court. The case is of vital importance to consumers because it has the potential to limit many state court lawsuits against pharmaceutical companies.

This article explains the doctrine of pre-emption and looks at the facts in the case the U.S Supreme Court will decide.

If you or someone you care about was seriously injured by a prescription drug, you need the legal help of Munley, Munley & Cartwright. Contact our personal injury lawyers today at 1-800-318-Law1.

Report: FDA officials opposed policy to pre-empt drug lawsuits

Congressional investigators said Wednesday that scientists and longtime employees at the Food and Drug Administration opposed agency regulations that weakened the ability of injured consumers to sue drug manufacturers.

A drug labeling rule approved in 2006 limited when people could sue in state court over injury claims involving dangerous or defective medications. The FDA rule contends that federal regulations prevail when there is a conflict with state law. This concept is called pre-emption. The latest report shows that many knowledgeable scientists and agency officials opposed the 2006 rule.

At Munley, Munley & Cartwright, we believe in your right to seek justice when you have been harmed by a dangerous pharmaceutical product. If you or someone you care about has been injured or killed by an unsafe prescription drug, contact us today for a free consultation at 1-800-318-LAW1.

Full story – Click here.

Mr. Quaid Goes to Washington

Actor Dennis Quaid testified before Congress yesterday about the terrifying ordeal that nearly killed his newborn twins last year. The infants were given an accidental overdose of the blood-thinning drug, Heparin (shortly thereafter, the drug made additional headlines when tainted batches from China killed dozens).

He and his wife are suing Baxter International, the maker of the drug, as they believe confusing labeling on the bottle caused the mix-up. They also argued that the drug should have been recalled after three other infants died, also of accidental overdoses. Baxter cited preemption in their motion to dismiss the Quaid’s lawsuit.

Before Congress, he urged lawmakers to protect the rights of average citizens, saying “ I believe that if preemption of lawsuits is allowed to prevail, it will basically make all of us, the public, uniformed and uncompensated lab rats.”

Here’s some video of Quaid talking preventive medical negligence-

The FDA, under the Bush Administration, has advocated the preemption of lawsuits. FDA Deputy Commissioner Randall Lutter said, “[The] FDA believes that the important decisions it makes about the safety, efficacy and labeling of medical products should not by second-guessed by state courts.”

Rep. Henry Waxman, D-CA, disagreed, saying, “One of the most powerful incentives for safety – the threat of liability – would vanish.”

Gov. Taps NEPA Native for Director of Open Records

Northeast PA’s own, Terry Mutchler, has been chosen by Gov. Ed Rendell to head-up the state’s Office of Open Records. The position was created last February when the state’s open records law, which was considered one of the worst in the country, was overhauled. Basically, the new law says that local and state records will be public, unless specified. Read more about PA Senate Bill 1 here.

Mutchler, an East Stroudsburg native, has a history in both the legal field and the media. She worked as an investigative reporter for the Allentown Morning Call and the Associated Press. During her time at the Morning Call, she was sued for refusing to reveal a confidential source and faced six-months in jail; she was later vindicated in the case, which went all the way to the U.S. Supreme Court. Prior to accepting Mr. Rendell’s appointment, Atty. Mutchler had been serving as the Illinois’ first Public Records Counselor, where she helped define Illinois’ open records policy.

Her six-year term as Director of this new office will begin in June. Between now and then, she will be working to build and train the office’s staff, get to know the law and implement public policy. Come June, the Director will begin working with government agencies, citizens and the press on open government issues. She will also address disputes over access to the records.

In a release Gov. Rendell said “The Office of Open Records will serve an essential role in helping the public better understand how their government operates. Terry brings the ideal combination of knowledge and experience to her new role as executive director of the office, and I am very pleased to welcome her back to Pennsylvania.”

The current open records law was passed in 1957, and failed to include documents of the PA General Assembly and many financial documents. The new law recognizes that records belong to the public, and that means the burden of proof now falls on an the agency wishing to deny access. Now the public will be able to access most records, with the exception of certain 911 tapes, autopsy and police reports. It also established penalties on individuals or agencies that deny access to records.

Mutchler, who is be making 120K per year, believes her background will help her make a smooth transition into this new position. Read more about her appointment here.

UPDATE: Wesley Snipes Sentenced for 3 Years

Well, the court agreed with procetourers and sentenced actor Wesley Snipes for three years for tax fraud, the maximum sentece. Three years in the slammer certainly makes you think twice about not paying taxes!

See our previous post for more information on Snipes’ trial.

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Wesley Snipes Facing Sentencing for Tax Evasion

In just about 25 minutes from now actor Wesley Snipes will be sentenced in federal court in Ocala, FL. He was convicted earlier this year on three charges of willful failure to file a tax return, and acquitted of some much more serious charges including felony fraud and conspiracy. The government says he owes about $2.7 million, while Snipes’ attorneys are crying foul, saying he owes no more then $400,000. Either way, that would buy you quite a few Blade DVDs.

Prosecutors, looking to make an example of Snipes, are pushing for the maximum sentence of 3 years imprisonment and a $5 million fine for the “notorious” and “inveterate” offender. They paint the action star as the face of the fringe tax protest movement in the U.S. Read more here. In a 37-page memorandum to U.S. District Judge William Terrell Hodges, prosecutors wrote, “This case cries out for the statutory maximum term of imprisonment, as well as a substantial fine, because of the seriousness of defendant Snipes’ crimes and because of the singular opportunity this case presents to deter tax crimes nationwide.”

According to the government’s case, Snipes failed to pay taxes in 1999, 2000 or 2001 (he was acquitted for 2002-2004). They say he sought bogus tax returns, while slipping millions to hidden foreign accounts and instructing his employees to not pay taxes.

Snipes and his co-defendants Douglas P. Rosile and Eddie Ray Kahn, who were both convicted of felony fraud and conspiracy counts, will see how they will be spending the next few years of their lives. Snipes’ defense team is looking for probation instead of jail time, and even came to court with letters attesting to Snipes’ character penned by fellow actors Denzel Washington and Woody Harrelson. This could get interesting.

Read Forbes write-up here.

Girl, Wrongly Declared ‘Dead’ Files Lawsuit