North Carolina operates on the principle contributory negligence. What does that mean? Contributory negligence maintains that if a person contributes to their own injuries in any way, they are not entitled to any compensation. Simply stated, contributory negligence is a common law defense that is used when people file personal injury claims based on negligence. This …
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Whitley Law Firm to Host Radio Show
Robert E. “Whit” Whitley, Jr. from Whitley Law Firm will be doing a radio show airing Tuesdays at 6pm on WNBU 94.1 FM (New Bern) and WTIB 103.7 FM (Greenville). Hosted by Tom Lamprecht, the show provides a unique blend of legal advice and lively discussion of the daily news. Current events and pressing legal …
Johnson & Johnson to Pay $502M for DePuy Hip Implant Failures
On Thursday, March 17th, 2016, a federal jury in Dallas ordered pharmaceutical giant Johnson & Johnson (J&J) to pay roughly $502 million in damages to five plaintiffs who were injured by the company’s faulty Pinnacle hip implants. The replacement hips, manufactured by J&J subsidiary DePuy Orthopaedics, have been known to have a high failure rate …
Talcum Powder Causes Wrongful Death, Johnson & Johnson to Pay $72M
A St. Louis jury has determined that pharmaceutical giant Johnson & Johnson (J&J) should pay a total of $72 million in compensatory and punitive damages to the family of Jackie Fox, a woman who passed away in 2015 due to complications related to her ovarian cancer. After only four hours of deliberating, the jury decided …
Major Safety Concerns Surround Essure Sterilization Device
Since Bayer’s sterilization device – also known as a permanent form of birth control – Essure showed up on the medical scene in 2002, it has been surrounded in controversy. Bayer has marketed the device as a low-risk, nonsurgical solution for women who want to avoid pregnancy. The Food and Drug Administration (FDA) is viewing …
Dangers of Fatigued Truck Drivers
Driving while exhausted has been likened to driving while intoxicated. Some studies suggest it is actually even more debilitating to drive on no sleep than it is to get behind the wheel after a couple drinks. The Federal Motor Carrier Safety Administration (FMCSA) clearly understands the danger that lurks in fatigue as well, seeing as …
Complications Associated with IVC Filters
Inferior vena cava (IVC) filters are small, cage-like devices that are fitted in the vena cava to prevent blood clots from reaching the lungs and causing a pulmonary embolism. While these devices were designed to help prevent clotting events in certain patients, countless reported cases have shown that these devices can be potentially deadly over …
National Vaccine Injury Compensation Fund
While vaccines are intended to further the health and well-being of children and adults – and for the most part do – there have been instances when these same vaccines cause serious health complications. Up until the 1980s, the only remedy to be found for this problem involved filing a lawsuit. This tedious and costly …
NC Advocates for Justice Highlight Ann Ochsner Amicus Brief
Recently, Attorney Ann Ochsner wrote an amicus brief that was featured by the North Carolina Advocates for Justice. This brief discussed the issue of multiple tortfeasors who were insured by separate motor vehicle liability insurance policies, and whether or not the Court of Appeals made a correct ruling in the matter. The Court of Appeals …
FDA Requires Testosterone Manufacturers to Update Warning Labels
Testosterone is FDA-approved only for men who have low testosterone levels because of specific medical issues. These products, however, are being used to relieve symptoms that are caused by nothing other than aging. This can cause serious issues and result in dangerous symptoms. The Food and Drug Administration (FDA) has recently made drastic changes to …
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