Tag Archives: Lawsuit

The Cochran Firm Ohio Files Wrongful Death Lawsuit Alleging Negligence by Property Owners Allowed Cincinnati Child to Drown in their Swimming Pool


Cincinnati, Ohio (PRWEB) August 21, 2012

The Cochran Firm – Ohio, a leading full service, personal injury law firm with offices in Cincinnati and Dayton, announces it has filed a Ohio wrongful death lawsuit alleging the wrongful death of a boy from Cincinnati, Ohio, who passed away after drowning in a residential swimming pool. The complaint, which was filed in Hamilton County Common Pleas Court, was brought on behalf of the decedents next-of-kin, both as the administrator of his estate, and individually (Case No. A1205504).

On July 12, 2011, the alleged victim was a guest at a home in Cincinnati owned by the Defendants, according to the complaint. Because he was learning disabled, the Plaintiffs decedent was to be supervised while in the swimming pool at all times. While swimming, the child drowned, causing an anoxic brain injury and his eventual death on March 27, 2012. The lawsuit alleges the Defendants had a duty to maintain the residential property in a reasonably safe condition and to supervise the children they allowed to swim in the swimming pool, including the alleged victim. It further claims that the Defendants were negligent in the maintenance and care of the residential property in that they failed to correct hazardous conditions on the property they knew or should have known about.

The lawsuit alleges that because of the Defendants negligence, the victim sustained severe and permanent injuries, including but not limited to, an anoxic brain injury; great pain and suffering, both physical and emotional; loss of ability to perform usual functions; and medical expenses in excess of $ 16,965.00. The complaint also seeks compensation for pecuniary loss and non-pecuniary loss on behalf of the decedents next-of-kin, and medical and related expenses and reasonable burial and funeral expenses incurred by the Plaintiff.

According to the U.S. Centers for Disease Control (CDC), drowning ranks fifth among the leading causes of unintentional injury death in the U.S., with roughly 10 people dying each day in a drowning incident. About one in five people who die from drowning are children 14 and younger. The Cochran Firm Ohio strongly urges swimming pool owners to designate a responsible adult to closely supervise any children who are swimming or playing in or around the water. [http://www.cdc.gov/homeandrecreationalsafety/water-safety/waterinjuries-factsheet.html

The Cochran Firm Ohio offers free legal consultations to victims of negligent accidents and wrongful death throughout Ohio. If you or someone you love was injured because of anothers negligence, it is vital you retain a skilled accident attorney to ensure your legal rights are protected. If you or a loved one are seeking personal, dedicated and aggressive legal representation in the wake of a wrongful death or an injury that resulted from a negligent accident, please contact The Cochran Firm today by visiting cochranohio.com, or call (513) 381-HURT.

About The Cochran Firm – Ohio

The Cochran Firm – Ohio, is a leading full service, personal injury law firm with offices in Cincinnati and Dayton that handles personal injury cases throughout all of Ohio. Founded over 40 years ago by famed attorney, Johnnie L. Cochran, Jr., The Cochran Firm – Ohio, has established itself as one of the premier personal injury law firms in the United States and has been recognized for delivering successful results to their clients across a broad range of claims stemming from car / auto accidents, personal injury, wrongful death, medical malpractice, nursing home abuse, premises liability, and product liability lawsuits. For over 40 years, The Cochran Firm – Ohio’s team of highly experienced lawyers have continually fought for justice for all its clients. If you’ve been injured call Ohio’s leading full service law firm “The Cochran Firm – Ohio” today at 513-381-HURT.

Contact:

The Cochran Firm – Ohio

Call 513-381-HURT

The Cochran Firm Cincinnati, Ohio

119 E. Court St. Suite 102

Cincinnati, OH 45202

Phone: 513-381-HURT

The Cochran Firm Dayton, Ohio

130 West Second Street, Suite 1600

Dayton, Ohio 45402

Phone: 513-381-HURT







Brain Injury Victims Attorney Offers Legal Commentary on Steven Domalewski Lawsuit

Seattle, WA (PRWEB) September 07, 2012

Attorneys representing Steven Domalewski, a teenager from New Jersey who suffered extensive brain damage after being hit by a line drive during a youth baseball game in 2006, have officially recovered a $ 14.5 million settlement for the boy, according to a news report from ESPN. His family had filed a lawsuit against the manufacturer of the bat, Little League Baseball and a sporting goods retailer.

Seattle brain injury attorney Greg Colburn of the Davis Law Group, who played baseball at the University of Washington and was selected by the Dodgers in the 2002 MLB draft, says there are multiple factors that contribute to the complexity of this case.

In Steven Domalewskis case, its important to remember that he was pitching and in Little League, where the pitching rubber is located just forty-six feet from home plate, Colburn says. A ball that exits a bat at only 60 mph is traveling 88 feet per second, which is plenty of velocity to cause serious personal injury to youth baseball players.

Although Domalewski was participating in a Police Athletic League (PAL) baseball game, Little League was the target of the lawsuit because that group certifies that certain aluminum bats are safe enough to be used in games by children, the ESPN report says. Colburn says that likely also played a significant role in the outcome of the lawsuit.

When Little League Certifies a bat, it is essentially telling parents and players that the bat will perform within expected standards and is safe for ordinary use, Colburn added. We know that aluminum bats were not safe because the exit speed of the ball from the bat was so fast that 10, 11 and 12-year-olds could not protect themselves from a baseball flying toward them at an extremely high rate of speed.

ESPN says that Domalewski, who was 12-years-old at the time, was pitching in a PAL game in June 2006 when a batted ball struck him in the chest, sending the boy into cardiac arrest. His brain was without oxygen for at least 15 minutes, leaving the boy with long-term brain damage.

In the early 1990s, Little League Baseball and major baseball bat manufacturers had agreed to begin limiting the performance of metal bats to be equivalent of wooden bats. According to the Little League website, there were 145 injuries to pitchers during competitions in the year before that agreement had been reached, and the rate fell to between 20 and 30 annually since the changes were made.

As a public service to victims of child injuries, the Davis Law Group is offering Christopher M. Daviss book, Little Kids, Big Accidents: What Every Parent Should Know About Children & Accidents for free to residents of Washington State. The 103-page book includes statistical information about child injuries, as well as the legal process and benefits of hiring an attorney for your case. Anyone interested in ordering a copy can find the entire Washington Accident Books series at http://www.washingtonaccidentbooks.com.

About the Davis Law Group

Christopher M. Davis, founder of the Davis Law Group, has been a licensed attorney in the state of Washington since 1993. He has tried dozens of personal injury cases to verdict and has successfully handled and resolved hundreds of accident claims. He has been a Washington Super Lawyer’ for seven years in a row for his expertise and success in litigating personal injury claims. You can learn more about the firm by visiting: http://www.DavisLawGroupSeattle.com.







Statement from Prop 35 Campaign Regarding ACLU Lawsuit following Landmark Victory on Election Day 2012


California (PRWEB) November 07, 2012

The Prop 35 campaign issued the following statements in reaction todays lawsuit filed by the ACLU. Prop 35, which passed with overwhelming support from voters, the highest margin of victory in California in decades, is an initiative that will fight back against human trafficking and the sexual exploitation of women and children in the state. More than 81% of voters (approx. 7.3 million people) voted in favor of Prop 35 in yesterdays election.

Prop 35 proponents noted that suits like the one filed have regularly been rejected by courts, including most relevantly by the 10th Circuit Court of Appeals in Doe v. Shurtleff. (http://caselaw.findlaw.com/us-10th-circuit/1542569.html)

Leah Albright-Byrd, Human Trafficking Survivor and Advocate:

Californians overwhelmingly said they stand by survivors and victims of human trafficking. Prop 35 was designed to protect vulnerable women and children from exploitation on-line and off-line. It will finally bring justice for those who have lived through these horrific crimes.

Chris Kelly, Former Chief Privacy Officer, Facebook & Founder, Safer California Foundation:

Last night, the voters of the State of California made Proposition 35 the most popular initiative in the history of our state.

The ACLU and EFF challenge to Proposition 35 is an attack on the very idea of sex offender registration requirements to protect kids and adults alike. Proposition 35 follows the pioneering approach I first took with New York Governor Andrew Cuomo of extending these longstanding registration requirements to include online identifiers so law enforcement has better information to fight trafficking and apply the law online.

The ACLU’s claims have been previously litigated many times, and courts have repeatedly rejected their fanciful and dangerous misinterpretations of the Constitution.

Daphne Phung, Founder, California Against Slavery:

A broad coalition of survivors, advocates, law enforcement and now millions of Californians supported this initiative to stop human trafficking and stand with survivors. Our first priority is to protect women and children from being trafficked and to use all the legal tools available to protect them on-line and everywhere.

About Proposition 35 Stop Human Trafficking in California:

In California, many vulnerable women and young girls are held against their will and forced to sell their bodies. The victims are often girls as young as 12 who are sexually exploited for the financial gain of human traffickers. They are afraid for their lives and abused sexually, physically, and mentally.

Corsiglia, McMahon & Allard Law Firm Files Child Molestation Lawsuit against Eastfield Ming Quong


San Jose, CA (PRWEB) September 25, 2012

A lawsuit alleging the sexual molestation of a 12-year-old girl and subsequent retaliation for the reporting has been filed by childhood molestation attorney Robert Allard against Eastfield Ming Quong (EMQ) Children and Family Services, a Los Gatos facility that houses children who are dependents of the court, and its former employee Waking Bailey.

According to the complaint (Santa Clara County Superior Court, Case 112CV232322), the victim Jane Doe was admitted to the residential program in July 2008 at EMQ as a result of suffering from physical and emotional conditions. She was placed in a Los Gatos cottage with eight other children and at least two staff members, who by an EMQ policy were required to be present at all times, states the complaint.

The lawsuit alleges that Waking Bailey, entrusted with the care of vulnerable children, befriended and groomed Jane Doe over several months. Bailey allegedly gained the minors trust by giving her special attention and taking her to a popular shopping mall. It was at the shopping mall in May 2009 that Bailey is alleged to have engaged 12-year-old Jane Doe in an explicit sexual conversation according to the complaint. The lawsuit claims that Jane Doe’s natural mother, during a visit, found out about the conversation and reported Bailey to EMQ, which completely disregarded the complaint. Consequently, one week later, the complaint alleges that Bailey entered Jane Doe’s room and molested her on at least two separate occasions. Bailey, against EMQ policy, was allegedly left alone with Jane Doe. Jane Doe, according to the complaint, reported Bailey to her school principal, who in turn notified Child Protective Services (CPS). EMQ representatives allegedly declined to attend a meeting with CPS and the school principal, opting instead to remove Jane Doe from the program just two weeks after Bailey is alleged to have sexually abused her. EMQ also denied Jane Doe counseling and therapy, along with a psychiatric evaluation and testing.

The lawsuit seeks to hold EMQ accountable for the molestation and retaliation against Jane Doe. “She was showing tremendous progress and was due to be released in a few months from EMQ residential treatment,” said Robert Allard, attorney for Jane Doe. “EMQ caused her life to spiral out of control by removing her from the program and refusing to provide her with the therapy desperately needed by a rape victim. Since these assaults, my client tragically exhibits numerous behavioral and psychological signs of rape trauma including engaging in self-destructive behavior,” stated Allard.

According to the complaint, citing a letter to Jane Doe’s social worker, EMQ retaliated against Jane Doe by removing her from the program for making a sexual allegation against a staff member. While awaiting removal from the facility, Jane Doe was placed in a situation where she was subjected to constant harassment and verbal abuse by Waking Bailey’s fianc

Generic Drug Lawsuit News: Bernstein Liebhard LLP Commends FDA Plan to Alter Generic Drug Labeling Rules


New York, New York (PRWEB) July 07, 2013

The nationwide law firm of Bernstein Liebhard LLP reports that a recent decision from the U.S. Food & Drug Administration (FDA) could pave the way in the future for individuals allegedly injured by generic versions of popular medications, including Fosamax, to pursue product liability lawsuits against their manufacturers. According to a July 3rd notice posted on the website of the federal Office of Management and Budget, the FDA is planning to allow generic manufacturers to make changes to their drugs labels when they become aware of new information about potential risks associated with their products. At the present time, generic medications are required to carry the same label warnings as their name-brand counterparts, and generic drug makers are barred from altering labels on their own.*

This is wonderful news for future victims of generic drug side effects, as the new rule could finally eliminate the current pre-emption on failure-to-warn claims against generic-drug manufacturers, says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices.

Generic Drug Preemption

Even though generic drugs pose the same risks as their brand name counterparts, consumers have been barred from bringing state law failure to warn claims against generic drug manufacturers since 2011. That year, the U.S. Supreme Court determined that such lawsuits were barred because generic drug makers had no control over their products labels. (Pliva v. Mensing, 131 S. Ct. 2567 (2011)) Just last week, the High Court reaffirmed that ruling by a 5-4 margin. (Mutual Pharmaceutical Co. v. Bartlett, 12-142.)

According to the American Association for Justice, numerous generic drug failure-to-warn lawsuits have been dismissed in the wake of the Supreme Courts Mensing decision. In November 2011, for example, the Judge overseeing Fosamax lawsuits in the U.S. District Court, District of New Jersey, granted a motion filed by generic manufacturers to dismiss claims against them that were based on failure to warn. (In re: Fosamax (Aledronate Sodium) Products Liability Litigation (No. II) MDL 2243).**

According to Wednesdays notice, the FDA could publish its new generic drug labeling ruling as early as September, after which the agency would accept public comments on the issue.

Victims of defective drugs may be entitled to compensation for medical bills, lost wages, pain and suffering and other damages. Bernstein Liebhard LLP offers free legal consultations to individuals injured as a result of drug side effects, including those allegedly caused by Fosamax, Actos and Pradaxa. Learn more by visiting Bernstein Liebhard LLPs website, http://www.consumerinjurylawyers.com/. For additional information, contact a lawyer at Bernstein Liebhard LLP by calling 800-511-5092.

*reginfo.gov/public/servlet/ForwardServlet?SearchTarget=Agenda&textfield=0910-AG94

**justice.org/cps/rde/xbcr/justice/Fact_Sheet_Post-Mensing.pdf

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the Plaintiffs Hot List, recognizing the top plaintiffs firms in the country, for the past 10 consecutive years.

Bernstein Liebhard LLP

10 East 40th Street

New York, New York 10016

800-511-5092

ATTORNEY ADVERTISING.

Gilman Law LLP Investigating Investor Class Action Lawsuit Against Stereotaxis, Inc.


Naples, FL (PRWEB) October 20, 2011

Gilman Law LLP, A National Law Firm Representing the Victims of Securities Fraud, is Actively Investigating a Class Action Lawsuit on Behalf of Investors in Stereotaxis, Inc.

Gilman Law LLP, a prominent national securities law firm, is investigating allegations on behalf of Stereotaxis, Inc. shareholders that certain of the Companys officers and directors violated the Securities Exchange Act of 1934 by failing to disclose material information to the investing public. If you purchased the common stock of Stereotaxis, Inc. during the period between February 28, 2011 and August 9, 2011, and either lost money on the transaction or still hold the shares, you must contact Gilman Law LLP no later than December 9, 2011 in order to exercise your legal rights for PSLRA. You can still file with Gilman Law LLP after that date for other options.

A class action lawsuit filed on October 7, 2011 in U.S. District Court for the Eastern District of Missouri, Eastern Division alleges that during the class period, certain officers and directors at Stereotaxis, including Chief Executive Officer Michael Kaminski, caused Stereotaxis common stock to trade at artificially high prices by issuing a series of positive statements to investors about the business condition and future prospects of the Company that were materially false and misleading securities.stanford.edu/1047/STXS00_01/2011107_f02c_1101752.pdf (Case No. 11-CV-01752). According to the complaint, these statements failed to disclose that:

1. Stereotaxis was unable to leverage its extensive portfolio and scale of products and services in a strategically beneficial manner.

2. Market feedback from users of the Company’s technology was “mixed.”

3. The Niobe cardiology instrument control system was far from the “standard of care” and needed “fundamental product improvements.”

4. Demand for the Niobe system, as well as the Odyssey data management system, was weak, and that the number of units being sold was decreasing.

5. The reported backlog of orders did not fairly represent future revenue the Company expected to recognize.

6. The Company overstated its market edge.

On August 8, 2011, Stereotaxis announced losses of $ 9.7 million and second quarter financial results for 2011 that were well below expectations stltoday.com/business/local/article_62938222-3bc4-5deb-b278-ba0b3dcf7e83.html . In addition, the Company suspended its full year guidance for 2011, and announced that the Chief Financial Officer was resigning. A day later, the Companys shares plummeted 58% on the news, closing at just $ 1.19 per share.

Stereotaxis shareholders who are members of the Class must contact Gilman Law LLP no later than December 9, 2011 if they wish to seek appointment as lead plaintiff in the class action lawsuit. While share in any recovery is not affected by lead plaintiff status, that individual will act on behalf of other class members in directing the litigation, including determining whether and how much of a settlement to accept in the lawsuit. The lead plaintiff will be selected by the Court among applicants claiming the largest loss from investment in Stereotaxis during the class period.

Gilman Law LLP has extensive experience representing both individual and institutional investors in securities class action lawsuits, and has recovered over a billion dollars for its clients. Gilman Law is ready to assist investors nationwide who have sustained losses as a result of the misleading statements made by Stereotaxis officers and directors.