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Ohio Personal Injury Law Blog

Dangerous property suits could be filed for recent derailment

After a recent subway train derailment that took place in another state, one victim has already come forward with a legal claim. Claims that the subway system is dangerous property with careless, negligent, and reckless maintenance have been made. The woman is asking for $5 million in her personal injury claim. Negligence is cited in many personal injury claims across Ohio every year.

The 31-year old woman alleges that she suffered injuries to her neck and back when the large steel rail car that she was riding in went off the rails in an underground tunnel.  The train is reported to have slammed up against the wall of that tunnel, causing the passengers inside to be tossed around and crushed inside. A press conference was planned for her to speak to the public about the traumatic experience that she endured.

Product recall issued for dangerous exploding fireworks

When people purchase TNT Red, White, and Blue Smoke fireworks, they expect the product to emit patriotic smoke, just as the name suggests. They do not expect the product to explode when lit. Unfortunately, that is just what happened over the July 4th holiday weekend to several people in several states. Those in Ohio who have any of these fireworks will want to carefully follow the product recall instructions.

According to the U.S. Consumer Product Safety Commission report, over 36,000 units of the fireworks were recalled in four different states. This recall was prompted by several phone calls that the company received from customers who claimed that the fireworks had exploded as soon as they were lit. A few people suffered minor burns from the explosions. Of course, it's possible that others have been hurt as well.

Lawsuit claims doctor error didn't allow parents chance to abort

A recent medical malpractice suit claims that one set of parents were not given the chance to abort their baby that was born with cerebral palsy. The lawsuit contends that doctor error prevented them from having the information that they needed in order to make a decision about the life of their child. This case was not heard in Ohio, but the Supreme Court of the state in which the couple resides upheld the parents' choice to sue.

The couple, who are divorced, stated that if the doctor had informed them that their baby's head was slightly smaller than normal, that they would have chosen to abort the boy. The boy's head circumference was slightly below that of a normal baby, which could indicate cerebral palsy in some cases. A month after that report, the doctor told the mom that her child's development seemed normal.

Medical malpractice: Doctor sued after removing healthy breast

After undergoing an operation in another state to remove a breast, a woman was told an error had been committed. She had been diagnosed with an aggressive form of breast cancer and opted to have the affected tissue removed. After the operation, she was told that the diagnosis was wrong; she did not even have the dreaded disease. The woman has since filed a medical malpractice claim. A false medical diagnosis is an all-too-common occurrence in Ohio as well.

The story began when the woman consulted a doctor after finding a lump in her left breast. She was diagnosed with infiltrating ductal carcinoma after the hospital pathologist apparently misread the results of her biopsy. In truth, she only had a condition called sclerosing adenosis, which is a harmless growth of the tissue of the breast.

State supreme court: medical malpractice caps unconstitutional

The former governor of one state set limits back in 2003 as to how much a citizen of that state could sue for against medical facilities, doctors and other medical staff. The caps that were set in medical malpractice cases for non-economic damages were $500,000 for most cases and as much as $1 million in cases where the victim suffered a catastrophic injury, but those caps have been ruled unconstitutional by the state's supreme court. Although this case was not in Ohio, recent bills have been introduced that could limit the amounts that victims could receive in medical malpractice suits across the U.S.

According to the report, the former governor's decision was outvoted 4-3. The state's supreme court decided that the caps on medical malpractice suits were in violation of the Equal Protection Clause of their state's constitution. Three years ago, a similar cap was struck down, which limited the amount that could be awarded in a wrongful death suit.

Cerebral palsy caused by medical mistake: Grounds for lawsuit

Cerebral palsy is a name that doctors use to describe various disorders caused by some sort of damage to the extrapyramidal system of the brain. In many cases, this type of injury stems from medical mistakes that occurred during birth. There are usually two different reasons for the brain to be damaged during the birthing process: lack of oxygen, or improper use of suction and/or forceps. In Ohio, as in other states, parents may have grounds to pursue a medical malpractice lawsuit if their child's cerebral palsy was caused by a medical mistake during birth.

The mistakes made during birth that cause these disorders can happen if the doctor is not present in time for the birth or waits too long to perform a cesarean section. They can also occur if the baby is in a bad position during the birth and the doctor attempts to use suction and forceps to remove the child. An umbilical cord around the neck of the baby can also deprive the brain of oxygen and cause cerebral palsy if not treated quickly.

Negligent security suit filed in nightclub shooting case

The victim of a nightclub shooting has sued the owners of the establishment where the incident took place. He claims that the owners failed to prevent guests from entering the nightclub with guns. The claim states that the man suffers from disfigurement and permanent injury as a direct result of the business owners' negligent security. Similar premises liability claims are made in Ohio each year.

Five customers were injured in the shooting, which took place at around 3 a.m. on the second floor of the club. The suit alleges that guards working for the night club either allowed patrons to enter the location with guns or failed to properly search them. As many as 10 to 15 security guards were said to have been employed on the night that the shooting took place.

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.