attorney

Personal Injury

The Unjust “Sporting Theory Of Justice” In Federal Courts

Over a century ago, in 1906, law professor Roscoe Pound outlined “The Causes of Popular Dissatisfaction with the Administration of Justice” in a speech to the American Bar Association. After conceding “dissatisfaction with the administration of justice is as old as law,” Pound went on to perform a “diagnosis” of the “more than the normal amount of dissatisfaction with the present-day administration of justice in America.” One particularly “potent source of irritation” was “our American exaggerations of the common law contentious procedure,” which produced a bizarre, unjust, and “sporting” sense of justice: It grants new trials because by inability to procure a bill of exceptions a party has lost the chance to play another inning in the game of justice. It creates vested rights …

Personal Injury

Watch “The Bleeding Edge” And Demand Medical Device Safety Reform

Imagine if lights, kitchen equipment, and home electronics didn’t need to be tested for electrical shock and fire hazards, and that no one ever certified that the devices were safe. Would you put them in your home? What about a car that had just one crash test, at low speed, and Congress had passed a special law making it impossible for anyone to sue the car company, so the company couldn’t be held responsible for people’s injuries? Would you put your family in one? Yet, those examples above describe the state of the $156 billion American medical device market. Most medical devices aren’t tested with clinical trials. The medical devices which are tested can pass with a minimal showing, and Congress passed a special law that says …

3 Things to Consider when Choosing a Medical Malpractice Attorney

Medical malpractice is one of the most intricate areas of law. The processes and details involved are extensive and expensive. It is important that a law firm have the right experience, the right expertise and the resources to to support their clients and their case throughout the process. It is not uncommon for a medical malpractice case to take between three to five years to be resolved. Whether that settlement is a verdict in a trial or a settlement having an experienced attorney to help you is important. Doctors. hospitals and insurance companies have a strong network of legal support behind them, that means picking an attorney and a law firm to represent you is an important first step. Here are 3 things to consider as you choose …

Legal News

Doctors Hesitant About Xarelto For Few Years

In 2012, Reuters published a piece that touched on the hesitancy that some doctors felt about a new generation of blood thinners, one of which was Xarelto. In 2011, the FDA had approved Xarelto for prophylaxis of deep vein thrombosis (DVT) in patients undergoing hip or knee replacement surgeries. A few months later, in November of 2011, the FDA approved it for a second use, for stroke prophylaxis in patients with non-valvular atrial fibrillation. This condition affects about 3 million Americans and Xarelto, a once-daily pill, was meant to decrease the chances that patients with this illness would develop blood clots in a storage chamber of the heart. Xarelto has been marketed as a one-size-fits-all solution to traditional warfarin but even in 2012, a year after the …