Alabama Litigation Review

Alabama Litigation Review

Insights & Commentary on Developments in Alabama Litigation

Category Archives: Personal Injury

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Need A Lawyer? Don’t Believe Everything You Read On A Website! (Updated Developments)

Posted in Personal Injury
Last month, I published a post about a local DUI law firm that suddenly started advertising for personal injury and wrongful death cases. Suddenly, billboards for that firm appeared along major Huntsville area roads. I’ve written many times that I would never hire a billboard lawyer for a serious case. I’ve seen many skilled courtroom… Continue Reading

Need A Lawyer? Don’t Believe Everything You Read On A Website!

Posted in Personal Injury, Punitive Damages
Billboards. Television. Radio. Lawyer ads are everywhere. It’s easy to smile and claim expertise. It’s much more difficult to perform the study and hard work necessary to win a complicated case. I’ve written previously that I would never hire a billboard lawyer for a serious case. What about websites? I believe websites should contain good… Continue Reading

Settlement Paperwork: Don’t Expose An Injured Client To More Harm

Posted in Personal Injury
Settlement Terms Are Important A recent LinkedIn conversation about settlement terms raised an important issue. The topic — A defendant adds additional (and unacceptable) terms to a release document. The issue is far too common. Here’s the scenario. The lawyers agree to settle an injury claim. Maybe the lawyers reached a settlement informally and confirmed… Continue Reading

Should Alabama Elect Appellate Judges Differently?

Posted in Personal Injury, Supreme Court of Alabama
A recent lawsuit challenges Alabama’s state-wide method of electing appellate court judges. National Public Radio (NPR) interviewed retired Federal Magistrate Judge Vanzetta McPherson about the lawsuit. McPherson previously served the Federal Court in Montgomery. McPherson answered questions from the NPR host about the new election lawsuit. Alabama elects appellate judges in state-wide elections. The lawsuit… Continue Reading

The Danger Of Distracted Driving

Posted in Personal Injury
Where do I get my blog topics? Usually, I write about legal issues I’m handling. Sometimes, I write about legal issues in the news. At our firm, distracted driving is a frequent topic. We are currently helping two people seriously injured by a driver who crashed into them at a high speed while searching the… Continue Reading

Alabama Reports Sharp Drop In Uninsured Drivers

Posted in Personal Injury
Back in 2011 and 2012, I wrote several posts discussing Alabama’s problem with uninsured drivers. At that time, Alabama had one of the highest rates of uninsured drivers in the United States. Those posts included: Alabama’s Mandatory Automobile Insurance Requirement Needs Instant Verification Update – Alabama’s Mandatory Automobile Insurance Requirement Needs Instant Verification Instant Verification… Continue Reading

Traumatic Brain Injury And The Impact On Daily Activities

Posted in Personal Injury
Traumatic brain injury (TBI) is a leading cause of disability. What’s worse, these injuries often go untreated or unrecognized by medical professionals. Many medical professionals lack training in the evaluation of TBI symptoms. In workers’ compensation cases, insurance companies often ignore the problems or send the patient to doctors unable to provide treatment. Insurance companies… Continue Reading

Truckers With Serious Medical Conditions: A Danger To Other Drivers

Posted in Personal Injury
A recent article discusses a Georgia truck driver barred from driving by the Federal Motor Carrier Safety Administration (FMCSA) due to personal health issue. Commercial drivers with serious health issues are a major safety issue on our highways. A recent FMCSA study of truck driver health paints a troubling picture. According to the study comparing… Continue Reading

Our Firm

Posted in Personal Injury
I’m a lawyer who helps people hurt by the negligence of another. I handle serious personal injury cases throughout Alabama. For the last 17 years, I’ve been a partner in the same Huntsville law firm. When my oldest law partner announced his retirement a few months ago, I decided to open my own law firm.… Continue Reading

Trucking Lobbyists Push To Relax Safety Rules

Posted in Personal Injury
According to a recent Salon article: Big rig crashes kill nearly 4,000 Americans each year and injure more than 85,000. Since 2009, fatalities involving large trucks have increased 17 percent. Injuries have gone up 28 percent. Salon then states the obvious assumption: Given these numbers, you might expect Congress to be agitating for tighter controls on… Continue Reading

New Anticoagulants Continue To Raise Safety Issues

Posted in Defective Products, Personal Injury
In September, I discussed new anticoagulants Xarelto and Eliquis. My prior post concludes by noting patients deserve drugs approved only after careful study for safety. Shortly after that post, the ISMP Quarterwatch also raised issues concerning the safety of new anticoagulants rivaroxaban (Xarelto), dabigatron (Pradaxa), and apixaban (Eliquis). According to Quarterwatch: The adverse event reports for oral… Continue Reading

First Pradaxa. Then Xarelto. Now Eliquis?

Posted in Defective Products, Personal Injury
Will Eliquis join Pradaxa and Xarelto as another anti-coagulant drug facing claims of severe internal bleeding? Pradaxa was the first of these three new anti-coagulants (blood thinners). It hit the market in 2010. Sales quickly boomed. However, adverse reports of severe internal hemorrhaging and bleeding soon followed. In May 2014, Pradaxa’s manufacturer settled about 4,000… Continue Reading

Falls From Heights — A Deadly Workplace Hazard That Is Easily Preventable

Posted in Personal Injury, Workers' Compensation
Falls from heights are a leading cause of death and disability on construction sites. According to OSHA, falls cause one-third (1/3) of all construction-related deaths. Workers who survive long falls are often left with a lifetime of chronic pain and disability. In my practice, I’ve had numerous clients who suffered severe injury from falls on… Continue Reading

Invokana – Is The Drug A Safe Treatment For Diabetes?

Posted in Defective Products, Personal Injury
Invokana (canagliflozin) is a relatively new drug marketed to treat Type 2 diabetes. The drug is the first in a new class of medications known as sodium-glucose cotransporter 2 (SGLT2) inhibitors. This class of drugs also includes Farxiga, Glyxambi, Jardiance, and Xigduo XR. How does this new class of drugs work? The drugs work by altering… Continue Reading

New Rules Risk Lives On The Highway (Update)

Posted in Personal Injury
I recently discussed a proposal in Congress which would make our highways much more dangerous. The proposal would allow longer trucker hours, heavier loads, and bigger trucks. Statistics indicate 4,000 people are killed and up to 100,000 people suffer personal injury annually in large truck crashes. My earlier post asks the question — Why change… Continue Reading

New Rules Risk Lives On The Highway

Posted in Personal Injury
Larger trucks. Heavier loads. Longer driver hours. These proposed changes will make our highways more dangerous. And, they are quietly working their way through Congress. A recent Baltimore Sun article starts — With the number of fatal accidents involving tractor-trailers on the rise, now would seem like the wrong time to consider relaxing truck safety… Continue Reading

Were Clinical Trials For Xarelto Tainted By Misconduct?

Posted in Defective Products, Personal Injury
What is Xarelto? Xarelto (Rivaroxaban) is a relatively new anticoagulant (blood thinner). The FDA first approved Xarelto in 2011. It is distributed in the United States by Johnson & Johnson subsidiary Janssen Pharmaceuticals and Bayer Healthcare. Xarelto was released as a replacement for Coumadin (Warfarin), a blood thinner effectively used for decades. Xarelto is used… Continue Reading

Court Secrecy Harms The Public

Posted in Business Litigation, Defective Products, Personal Injury, Uncategorized
It’s been almost two months since my last post. Although not writing here, I have been busy writing – including a number of briefs in an ongoing products’ liability case and a separate case involving a public contract in Alabama. Both cases share a common (and troubling) issue. Both involve serious public issues shrouded in… Continue Reading

Failed FDA Process Opens Door To Dangerous Medical Devices

Posted in Defective Products, Personal Injury
Power morcellators. Transvaginal mesh. Both are examples of the FDA’s faulty 510(k) process. I’ve written several times about transvaginal mesh – products that have caused tremendous personal injury to women in Alabama and throughout the United States. Last week, I sat through the deposition of our expert witness in one mesh case. This medical specialist… Continue Reading

Walmart Seeks To Delay Justice

Posted in Personal Injury, Supreme Court of Alabama, Workers' Compensation
In June, a Walmart driver slammed his truck into the limousine carrying comedians Tracy Morgan and James McNair. Morgan suffered severe personal injury. The collision killed McNair. The crash generated media discussion related to highway safety and, particularly, the safety of large commercial trucks on our roads. Morgan filed suit against Walmart seeking to recover… Continue Reading