Wednesday, March 31, 2010

Burger King Faces Lawsuit after Spit Burger Incident

A police deputy near Seattle, Washington has filed a personal injury lawsuit against Burger King after being served a spit-covered burger. The lawsuit alleges that the fast food chain is guilty of negligent hiring and supervision of their employees.

Last year, the deputy pulled into the Burger King drive-thru dressed in uniform and driving his police car. When he received his Whopper from the employee at the drive-thru window, he felt the employee was acting suspiciously. This prompted the deputy to examine his burger before eating it.

The deputy's inspection revealed a mound of phlegm on the bottom of the burger. DNA tests identified the phlegm as belonging to a 22-year-old employee. Additional tests were performed to detect the presence of feces, but these tests were not conclusive. The employee was found guilty of third degree assault and spent time in jail.

A year later, the deputy is still psychologically damaged by the incident. He no longer feels comfortable eating out unless he can watch the food being prepared. His lawsuit is seeking unspecified damages in compensation for his emotional trauma.

Restaurants have a responsibility to their patrons to maintain high levels of safety and hygiene. When negligent hiring and supervision practices result in substandard levels of safety and hygiene, the restaurant may be held liable for any damages resulting from their employees' actions. An experienced personal injury lawyer can help ensure your rights are protected.

If you have a personal injury claim in the Seattle or Olympia, Washington, areas, please contact the attorneys at Fuller & Fuller today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Monday, March 29, 2010

Young Children at High Risk for Traumatic Brain Injury

As spring approaches, more and more young children will once again engage in outdoor playground activities. If you are the parent of a young child, it is important that you pay close attention to your child after a fall in order to detect the signs of a traumatic brain injury.

According to the Centers for Disease Control and Prevention (CDC), young children under age four fall into the high risk category for traumatic brain injuries. Children of this age range do not have a fully developed sense of balance, making them especially prone to falls. Many of these falls occur while playing outdoors on the playground.

While the majority of these falls will not result in a traumatic brain injury, it is possible for your child to develop one of these injuries if the fall results in a jarring blow to the head. In order to prevent serious long term damage, it is crucial that a traumatic brain injury be treated within an hour and a half of the accident. Therefore, it is important to examine your child closely after a serious fall.

Unfortunately, brain injury symptoms are often difficult to detect. In many cases, they take awhile to develop, and if your child is very young, he or she may not possess the verbal skills to communicate these symptoms to you. If your child exhibits any of the following symptoms after a fall, seek medical attention immediately:

  • Sudden drowsiness
  • Inability to stay alert
  • Difficulty recognizing familiar people or places
  • Sudden whining or irritability
  • Loss of interest in favorite toys
  • Numbness on one side of the body
  • Vomiting
  • Neck pain

If your child's traumatic brain injury was caused by the negligent actions of another, you may be entitled to receive compensation for your child's damages. It is important to consult an experienced brain injury lawyer who has the skills to handle such a complex case.

If you have a brain injury claim in the Atlanta, Georgia area, please contact the experienced Atlanta brain injury lawyers at Robbins & Associates today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Thursday, March 25, 2010

Ohio Court Rules Limits on Lawsuits Against Employers is Constitutional

The Ohio Supreme Court recently ruled overwhelmingly in support of a 2005 state law which prevents injured employees from filing personal injury lawsuits against their employers while they are still receiving workers compensation benefits. The law requires injured employees to demonstrate proof that their employer's actions were deliberately intended to cause injury.

Injured employees filed suit, claiming the law was unconstitutional, especially in instances where it is clear that poor workplace conditions are very likely to result in injury. In two separate decisions, the court upheld the current law, thereby limiting an employee's ability to file suit.

The justices ruled that the 2005 law is in accordance with the intention and spirit of workers' compensation laws. According to the ruling, workers' compensation laws are in place to establish a compromise between employers and employees. Employees give up their right to sue when injured on the job, which may result in lower monetary compensation for injuries. However, they do not take the risk that they will receive nothing (workers' compensation laws establish clear mandatory benefits).

Employers give up their ability to defend themselves against workers' compensation claims, ensuring that they will have to pay financial compensation to the injured employee. However, they are protected from the possibility of a massive damage award.

Furthermore, the justices ruled that since workers' compensation is a no-fault system, it does not matter whether the employer was negligent in maintaining safe work conditions. There are also many cases where the negligent actions of employees contribute to their injuries, yet they can still collect workers' compensation benefits.

If you have been injured on the job, it is important to consult an experienced workers' compensation lawyer
in order to ensure that your rights are protected.

If you have a workers' compensation claim in the Columbus, Ohio area, please contact the law offices of Robert W. Kerpsack Co., L.P.A. today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Monday, March 22, 2010

Fired Lehman Brothers Whistleblower Makes Bank's Unlawful Accounting Tricks Public

In May 2008, Lehman Brothers senior vice president Matthew Lee sent a letter to company executives warning them that the bank's accounting practices may be construed as illegal. Last week, Lee's letter was made public in a 2,200 page report issued by the bankruptcy court.

The Lehman Brothers whistleblower discovered evidence that the bank was using an accounting trick called Repo 105 to hide its debt and fragile financial condition from shareholders. According to Lee's letter, the bank would regularly underreport their debt by $5 billion every month.

They accomplished this by generating complex transactions which sold "toxic" mortgage-backed securities at the end of each quarter in order to remove them from their balance sheet. Once regulators and shareholders had examined the balance sheet, the bank would buy back the securities.

In Lee's letter to company leaders, he indicated his belief that these practices were misleading to the public, violating ethical codes and securities law. Under the firm's code of ethics, he felt it necessary to disclose these transgressions.

Several days after receiving Lee's letter, Lehman Brothers fired the whistleblower, citing general layoffs as the reason. However, Lee firmly believes his termination was retaliation for bringing the bank's unethical practices to light.

Four months later, Lehman Brothers declared bankruptcy, starting the massive financial collapse of the American financial system that resulted in the largest global recession in decades.

Lee's whistleblower efforts, along with the bankruptcy court's report, most likely will become the basis for many civil and criminal lawsuits against Lehman Brothers in the months to come.

If you have information indicating that the government has been defrauded by the unethical actions of an individual or corporation, a qui tam attorney can help you bring a claim against the offender. If your whistleblower claim is successful, you may be eligible to receive a reward for your efforts.

If you have a whistleblower claim in the Washington, D.C. area, please contact the qui tam lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Tuesday, March 16, 2010

Texas Medical Malpractice Victims Must File Suit within 10 Years

The Texas Supreme Court has recently denied a medical malpractice victim the right to bring suit because the 10 year statute of limitations expired before her surgical error was discovered. The court chose to uphold the statute of limitations despite the fact that the victim had not become aware of the medical error until after this time period lapsed.

The court stated that ten years should be sufficient time to bring a medical malpractice suit, adding that the law was intended to help keep malpractice insurance rates reasonable for doctors. However, their ruling did not acknowledge that some medical errors may take longer than 10 years to become apparent and that in these situations, victims are being denied the compensation they rightfully deserve.

The case in question involved a woman named Emmalene Rankin. In 2006, she began experiencing abdominal pain. When she sought treatment for her pain, doctors discovered that a sponge was left inside her during a hysterectomy performed in 1995. Since the error had occurred more than 10 years ago, Ms. Rankin has been unfairly denied compensation for her injuries and her physician will not be held accountable for his negligent actions. It seems that the Texas Supreme Court got it wrong on this occasion.

It is important to consult an experienced medical malpractice attorney if you have been injured as a result of a medical professional's negligence. You may be entitled to receive compensation for your damages provided the statute of limitations has not expired.

If you have a medical malpractice claim in the Dallas, Texas area, please contact the lawyers at Polewski & Associates today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Monday, March 15, 2010

Woman Awarded $3.5 Million in Damages Due to Medical Malpractice

A New York jury recently awarded a woman $3.5 million to compensate her for damages caused by medical malpractice. A botched plastic surgery procedure left her deformed.

In 2003, the woman had breast augmentation and a breast lift performed. However, surgical errors resulted in her developing a condition called double bubble. As a result of the embarrassing condition, it looks like she has four breasts (two stacked on top of each other on each side of her body).

The breast implant malpractice has sent the woman into a tail-spin. She experienced diminished self-esteem, became very depressed, and even started sleeping in a different bedroom than her husband. Eventually, her husband grew tired of getting pushed away and filed for a divorce.

The $3.5 million medical malpractice settlement is intended largely to compensate her for pain and suffering.

If you have been the victim of a botched plastic surgery procedure, you may be entitled to receive compensation for your damages. An experienced medical malpractice attorney can help ensure you receive a fair settlement.

If you have a medical malpractice claim in the New York City area, please contact the experienced personal injury lawyers at Silberstein, Awad & Miklos, P.C. today to schedule your free consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Wednesday, March 10, 2010

Extended Fosamax Use May Cause Bone Fractures

There have been a growing number of reports tying the popular osteoporosis drug Fosamax to serious bone fractures, particularly the femur, in patients who take the drug for more than five years. Ironically, the drug is prescribed to women in order to strengthen their bones.

Many women have experienced fractures more closely resembling a car accident injury than an injury from a minor fall, where the bone completely snaps in two. Often, these injuries have been caused by casual daily activities such as walking down steps, actions not commonly associated with such serious bone fractures.

Fosamax has been associated with other pharmaceutical injuries in the past. The drug has been known to cause severe musculoskeletal pain, and it has been linked to a condition called osteonecrosis, resulting in the death of bone tissue in the jaw.

Merck, the maker of Fosamax, has often downplayed these side effects, claiming that there is not clear evidence to link these conditions to the drug. While the FDA has asked Merck to update their warning label to address these side effects, the pharmaceutical manufacturer has been very slow to comply.

If you have suffered a serious injury related to your consumption of Fosamax for osteoporosis, you may be entitled to receive compensation for your damages. An experienced pharmaceutical injury attorney can review your claim and advise you on the best way to proceed.

If you have a Fosamax claim in the Oklahoma City, Oklahoma area, please contact the defective drug lawyers at Stipe Injury Law today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune

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Disclaimer: The information throughout The Personal Injury Directory is not intended to be or to replace legal advice. The information throughout The Personal Injury Directory is intended to provide general information regarding personal injury law. If you are interested in bringing a personal injury lawsuit, contact a personal injury attorney in your area.