In cases involving IVC filters, the multidistrict litigations (MDLs) which have been formed are mass tort cases, which means they do not involve a class action. There is a plaintiff hearing committee and plaintiff executive committee which are appointed, and these committees include lawyers from across the country who are involved in IVC filter litigation. A mass …
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FDA Safety Warnings and Investigations of IVC Filters
The FDA has been really involved in issuing information to the public about the dangers of retrievable IVC filters since they were made aware of adverse event reports from individuals who have them. First, in 2010, the FDA issued a safety communication stating that the FDA had received 921 notifications of IVC filter complications in …
History of IVC Filter Cases
In the early 2000s, the manufacturers of permanent IVC filters saw a market opportunity for temporary IVC filters. They changed the design to allow the device to be more easily retrieved. It did not take long for adverse event reports involving device migration to the heart, fractures, and perforation of the vena cava and surrounding …
Statute of Limitations In Raleigh Personal Injury Cases
A statute of limitations is established by the legislature and creates time limits within which certain claims may be brought. The theory or the policy behind a statute of limitations is fairness, really for both parties, because memories fade, evidence becomes unavailable, and things of that nature. Out of fairness to both parties, the law …
Proof Needed to File a Raleigh Injury Claim
If someone is charged with a crime, the burden of proof that is placed on the prosecutor is to establish that the accused is “guilty beyond a reasonable doubt”. That is a pretty steep demand, calling for a great deal of evidence. In a personal injury claim, however, the burden of proof is that “more …
How to File a Personal Injury Lawsuit in Raleigh
Most people never need to file a personal injury lawsuit and consequently are unsure of how to proceed. If filing a civil lawsuit is appropriate for your situation, a good place to start is with an attorney. Most personal injury attorneys in Raleigh offer free case evaluations, as we do at Whitley Law Firm. You …
Impact of Independent Medical Exams on Your Raleigh Injury Claim
If you file a personal injury lawsuit against someone, that defendant or their insurer could ask for an independent medical examination (IME). After all, when someone is injured in an accident, he or she usually will go to their own doctor, the defendant simply wants a second opinion. Now the defendant cannot choose just any medical …
Role of Witnesses in Raleigh Personal Injury Cases
When you file a claim with insurance, as an experienced Raleigh personal injury attorney can tell you, you will likely need to name any witnesses and may even need to include a direct statement from them. The insurance adjuster could follow up by asking for the contact information of these witnesses. If the person who filed …
North Carolina Personal Injury Claims Process
While the exact way your personal injury lawsuit works out will depend on the unique circumstances involved in your case, there is a general outline that applies to the progression of nearly every case. For example, there is the fact that every personal injury claim starts with someone getting injured. Then the person will often …
Types of Injuries
Regardless of the details of your accident, there will be serious physical and mental repercussions that may take you away from caring for yourself or your family. You may find yourself out of work and incapable of enjoying everything in life that you used to. While there are many types of injuries individuals can acquire …
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