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Ohio Personal Injury Law Blog

Vehicle owners to receive $553M in product recall settlement

A settlement agreement has been reached to reimburse customers $553 million in order to facilitate recalls of the infamous Takata Corp. airbags. Takata has been a focal point of the largest safety recall in the history of the auto industry. The product recall settlement could affect customers in many states, including Ohio.

The airbags have been linked to as many as 17 deaths worldwide. The car companies that are part of the settlement are BMW, Mazda Motor Corp., Subaru Corp. and Toyota Motor Corp. While the settlement does not cover personal injury losses or death, it will cover as many as 15.8 million recalled vehicles.

Woman claims medical mistake caused her skin to melt off

A 26-year-old woman has filed a lawsuit claiming that an error in medication dosage caused her skin to melt off. The woman went to her doctor three years ago, asking for something for depression. The physician gave her a prescription for lamotrigine, and she took it to her local pharmacy. Her claim is that the dosage of the medication was wrong, and neither the doctor nor pharmacist caught it. While this incident did not occur in Ohio, a medical mistake such as this one is possible in any jurisdiction.

The woman explains that everything seemed okay for the first two weeks after she began to take the medication. Suddenly, she felt severe pain, as if she was on fire. Her skin began to melt from the inside out, starting with her sweat glands. The diagnosis was Steven Johnson Syndrome, a skin condition that is caused by a bad reaction to a medication or an incorrect dosage.

Doctor loses $33.8 million in medical malpractice suit

A doctor was recently ordered to pay $33.8 million to a woman whose child suffered birth injuries while under his care. It is not the first time that he has been sued for medical malpractice involving birth injuries. In fact, in the same year that this woman gave birth to her child, the doctor delivered one other child who was permanently disabled and two who suffered irreversible brain damage. While this case did not take place in Ohio, similar cases are heard in the state each year.

All of the mothers who have sued this doctor for medical malpractice were teenagers, unwed, likely uninsured and low-income. The mother who won this particular case was not in a high-risk pregnancy and was expected to have a normal birth. She did not see the doctor until she was in the final stages of labor, and spent the next 90 minutes watching her doctor walk in and out of the room to make phone calls.

Auto wreck: Truck plows into business meeting

A group of seven people was stunned when a truck came plowing into their Ohio business meeting last week. According to reports, the scene looked as though a bomb had exploded right in the middle of the room. Several people were injured, and more were traumatized by the incident. The driver is accused of aggravated vehicle assault and was reported to have been drinking at the time of the auto wreck.

One of the employees described the devastation and shared that he and his co-workers were trying to figure out just how many were hurt after the crash. He stated that the engine was still revving in the truck and that they could not understand what was happening. The man explained that several people were struck by the truck as it burst through the wall.

Man suffered brain injuries, girlfriend charged in DWI accident

A man who was injured in a recent crash is in a coma with serious brain injuries. His girlfriend was charged with careless driving and great bodily injury by vehicle and has been released on bail. In Ohio, many people are killed or injured each year from a DWI accident, often unable to go back to work and left with mounting medical bills.

The accident occurred on Easter Sunday when the man's girlfriend was driving him after their holiday celebration. She admits to taking anxiety medication and drinking before she took the wheel and ran a red light. It was supposed to be his last adventure before he went to Army National Guard boot camp on Monday morning. Sadly, that was not to be.

Medical malpractice: Doctors facing state discipline and fines

Two doctors are facing state disciplinary action because of their patients' claims that the physicians botched surgeries for liposuction. The doctors both worked at the same clinic during different times, and three other patients from the same set of clinics have died from the procedure in the last year. While this did not take place in Ohio, the outcomes of such cases are relevant throughout the country. Both cases were heard before their state's medical board early this month, and ar least one of the doctors has previously been involved in a medical malpractice suit.

One of the doctors was accused of injuring four different women during liposuction procedures which took place in May 2015. The woman all received liposuction and/or procedures known as Brazilian Butt Lifts. While this doctor chose not to attend the proceedings, his medical license was revoked. He was disciplined for malpractice as well as failure to keep accurate records.

Slip-and-fall accident could cost Winn Dixie, PepsiCo, others

Reportedly, a lawsuit has been filed against several companies because of the injuries suffered by a customer at one store. A slip-and-fall accident could cost Winn-Dixie and other entities, including Pepsico. In Ohio, when someone is injured because of a slip and fall accident, he or she may have the right to file a lawsuit seeking reimbursement of medical bills, lost time from work and other damages.

The claim states that a customer slipped on a puddle of water and fell, causing injury to herself. The water was allegedly leaking from a drink cooler that was owned by Pepsi. Not only does the customer claim to have suffered physical injury from the fall, but mental pain as well. While her specific injuries are not described, her asserts that that they were significant enough to cause her serious harm.

3 killed in drunk driving accident

Authorities found three dead at the scene of a horrible wreck that took place after midnight on Sunday, March 26. According to state troopers, the drunk driving accident was caused when an intoxicated man ran a stop sign while driving a van. He hit a family who was traveling in their SUV. The family of three was pronounced dead at the scene. Drunk driving accidents are a problem in Ohio, as in all 50 states.

The three victims were a 60-year-old father, his 56-year-old wife and their 33-year-old daughter. The daughter was a third-grade teacher at a local elementary school. Although there were passengers in the van with the drunk driver, they only suffered minor injuries.

$75,000 medical malpractice suit against anesthesiologist

A $75,000 lawsuit has been filed against an anesthesiologist from a teaching hospital affiliated with a leading university. The defendant had asked for a summary judgment, basing his request on sovereign immunity, but was denied. The medical malpractice case was filed in 2015. It is set to go to trial this June. Medical mistakes and doctor errors can cause pain and suffering for patients from every state, including Ohio.

The plaintiff in this case is suing the anethesiologist on behalf of her stepmother, who allegedly suffered from a mistake which the defendant made. The stepmother died on Feb. 1, 2013, following a surgical procedure for which the defendant administered anesthesia. The lawsuit claims that the anethesiologist improperly intubated the patient, causing an anoxic brain injury. The procedure was an emergency bring back surgery operation, performed after a cardiac operation.

History and overview of products liability cases

Products liability is a relatively new area of law and cause of action (a cause of action is a valid legal reason to hold someone accountable for some action or inaction). Products liability was created as a result of the mass production and sale of items. People were injured spread across the country. Unfortunately, because there are so many steps from raw material to finished product and eventually sold on a shelf, that there is no way the victim can ascertain which party is ultimately responsible. The result was that the various defendants would play a shell game, confounding victims and frustrating the administration of justice.

To combat these legal defenses, several states pioneered products liability. Products liability allows victims to recover from any connection in the supply chain (manufacturer to retailer) if they were the victim of an injury caused by a defective product. This relieves the victim from establishing a connective link between one of the defendants and the victim's injuries.