Ohio Personal Injury Law Blog

$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. 

Number of pedestrian vs. car accident totals up in Ohio

The number of crashes involving pedestrians is on the rise in Ohio. According to Columbus police and other agencies, a disturbing trend is occurring in the state. More pedestrians are being struck by vehicles, often causing horrible injury. In one recent car accident, a woman was killed on March 5 when she was hit by a car near the Eastland Mall.

A few days later, on March 9, a man was struck by a vehicle while crossing the street; he died the following day. Authorities are concerned that pedestrian accidents are happening so often. In 2014 and 2015, 12 people were killed in pedestrian vs car accidents. In 2016, that number rose to 21, and the problem is not limited Columbus. Across the state, 139 people died after being struck by a vehicle in 2016, the highest number of such deaths in 10 years.

Ohio drunk driver gave 5-year-old boy sippy cup full of wine

File this one under "worst parents ever." In a story that will boggle most parents' minds, an Ohio woman was arrested after she was caught giving her 5-year-old son a sippy cup full of wine — while she was driving drunk. Police originally pulled the 27-year-old mother over after she was observed crossing the center line and hitting a curb. During the stop, she admitted to giving her young son the alcohol. Sure enough, the officer found the child in possession of a sippy cup full of alcohol.

She was also given a Breathalyzer test that revealed her blood alcohol level to be 0.169. The legal limit is 0.08. She was arrested and is now facing charges of operating a vehicle under the influence, endangering children and failing to drive in marked lanes. After a brief appearance in court, she is free on bond and will have to return to court in January. 

Humidifiers recalled after causing 450 fires

Millions of dehumidifiers are being recalled after they were found to be responsible for more than 450 fires. The company is also being accused of "misrepresenting" the problem to the Consumer Product Safety Commission; they said the dehumidifiers had caused $4.5 million in property damage. The real figure is closer to $20 million.

The recall includes some 2.5 million dehumidifiers made by Gree, which makes them brands like GE, Kenmore, Seabreeze and Frigidaire. These dehumidifiers were sold at store like Sam's Club, Walmart, Lowe's and HH Gregg. The initial recall started in 2013 with certain models, but kept expanding as the scope of the problem became clearer. For its deception, the company has been handed a fine of $15.45 million dollars. This recall comes on the heels of another massive dehumidifier recall in which 3.4 million Chinese-made units were found to have caused $4.8 million in damage. 

One killed, three injured in Ohio accident

One Ohio man is dead and three others are injured after a semi truck collided with a tree trimming truck in Greenwich. On that morning in mid-November the crew of the tree trimming truck were setting up to do some work on the side of the road. A flagger was in place, carrying a stop sign and directing traffic. Two vehicle, the tree trimming truck and another pickup truck were sitting in the northbound lanes.

That's when an 18-wheeler, which was heading northbound, collided with the two vehicles and three pedestrians in the tree trimming crew. Emergency crews arrived on the scene and discovered the three members of the tree trimming crew in serious condition. All were rushed to nearby hospitals. One of those men, a 34-year-old worker, eventually died from his injuries.

Patient's healthy kidney removed by mistake

When we go in for a surgery or medical procedure, we go with the reasonable assumption that the hospital and staff follow proper safety measures. We understand that things happen that can't be foreseen but when an error occurs that could have been prevented it can be tough to swallow.

That's probably how one patient felt recently when he woke from his procedure to discover that staff had removed a perfectly healthy kidney. The mix up happened because the patient was not properly identified. The hospital found itself in hot water after the incident and were on the verge of losing its Medicare and Medicaid agreement when an unannounced visit from the federal Centers for Medicare and Medicaid Services and the Division of Health Care Facility Licensure. 

Orthopedic company accused of failing to recall defective product

One of the scariest thoughts of many Americans is that of suffering through the aftermath of a medical mistake. In Ohio and other states, such mistakes are often made by doctors during surgery or pharmacists when packaging medications. One rarely thinks of a detrimental medical mistake being made by an orthopedics company. When a customer is implanted with a dangerous product, however, or has a defective product placed in them during surgery, that's exactly where the blame often falls.

Such a story is currently unfolding in Chicago, Illinois, where Deputy Orthopedics Inc. and Premier Orthopedic Sales Inc. are both being sued by one individual. The companies are accused of failing to take measures needed to prevent injury by properly testing and/or recalling a defective product - namely, a hip replacement implant. The plaintiff in the case claims that these defendants not only manufactured these products but also distributed them while knowing that they were defective and needed a product recall. 

FDA Places Zimmer Biomet Reverse Shoulder On Recall List

The U.S. Food and Drug Administration (FDA) takes its consumer protection role very seriously. Every year, dozens of medical products that had once gained FDA approval are recalled due to unforeseen side effects or failures that cause consumers serious injury or death.

In mid-December of 2016, the FDA placed certain lot numbers of the the Zimmer Biomet Comprehensive Reverse Shoulder Humeral on recall. If you or a family member has been the recipient of a shoulder replacement procedure using this Biomet product, it is important to learn more about the recall. 

Amish buggy involved in fatal car accident

Recently in Jackson Township, Ohio, an Amish buggy was involved in a collision with a passenger vehicle. The result was one fatality and two other injuries; the deceased was a 21-year-old woman who was ejected from the buggy in the collision. The car accident remains under investigation by local authorities.

The accident occurred as both the buggy and the vehicle were traveling northbound. The Ohio State Highway Patrol stated that they did not believe the vehicle maintained a constant speed or clear distance from the buggy, eventually colliding with it. Another woman in the buggy suffered injuries and was flown to the hospital for emergency medical treatment.