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- The Fight to Minimize the Interference of the Righ...
- CAPS ON DAMAGES ARE UNFAIR, ARBITRARY AND UNCONSTI...
- Poet's Corner- "The Road to Recovery"
- March is Brain Injury Awareness Month
- WE CARE ABOUT OUR COMMUNITY
- CSCS . . . We Fight For Our Rights Too!!!!
- RECALLED TOYOTAS HAVE CAUSED INJURIES – KNOW YOUR ...
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Washington DC Personal Injury Lawyer Blog | Chaikin, Sherman, Cammarata, & Siegel P.C.
Wednesday, March 10, 2010
The Fight to Minimize the Interference of the Right to Sue Caused by the “Federal Preemption Defense”.
Injured victims of negligence by drug manufacturers and manufacturers of other products attempt to stop lawsuits by individuals injured as a result of a defective component of the product or the failure to advise the public of defects in a product by asserting a Federal “Preemption” Doctrine. For instance, manufacturers of breast implants, orthopedic devices and numerous other products from drugs to automobiles claim that they should not be subject to lawsuits, even if their product was defective and caused an injury, because it was approved by the Federal government.
Trial lawyers argue that approval by the Federal government sets forth a minimal standard for a product but it may be based on incomplete, or inaccurate documentation and is almost always based on a historical sample, much smaller than that of the population once the product gets sold. Accordingly, regulatory agencies do not have all the information available to assure the complete safety of a product. That is why Federal agencies frequently require follow-up information.
Congress and the Courts, including the Supreme Court of the Unites States, have recently dramatically reduced the ability of manufacturers to rely on the Federal Preemption Doctrine as a defense to a claim of negligent design or defect causing an injury. This opens the door to justice for those individuals injured by defective products without having to confront the improper and artificial defense of preemption.
Trial lawyers argue that approval by the Federal government sets forth a minimal standard for a product but it may be based on incomplete, or inaccurate documentation and is almost always based on a historical sample, much smaller than that of the population once the product gets sold. Accordingly, regulatory agencies do not have all the information available to assure the complete safety of a product. That is why Federal agencies frequently require follow-up information.
Congress and the Courts, including the Supreme Court of the Unites States, have recently dramatically reduced the ability of manufacturers to rely on the Federal Preemption Doctrine as a defense to a claim of negligent design or defect causing an injury. This opens the door to justice for those individuals injured by defective products without having to confront the improper and artificial defense of preemption.
Labels: negligence; defective products
posted by Biera Campbell at 6:04 AM
Monday, March 8, 2010
CAPS ON DAMAGES ARE UNFAIR, ARBITRARY AND UNCONSTITUTIONAL (AT LEAST IN ILLINOIS)
Last month, the Illinois Supreme Court overturned a medical malpractice cap on damages finding that limiting compensation for injured victims of malpractice violated the Illinois constitution. Unfortunately, in Maryland and Virginia there are still caps on damages which limit the rights of innocent victims to obtain full justice when they are injured by negligence. In Maryland, there is no cap on economic losses (i.e. medical expenses and lost wages), but a cap on non-economic losses (i.e. pain and suffering). In fact the Maryland Court of Appeals in Norman A. Lockshin, M.D., P.A. v. Barbara S. Semsker recently upheld the Maryland cap on non-economic damages and found that it applied to all medical malpractice cases. In that case, a Montgomery County jury awarded $5.8 million to the family of a man who died when a malignant melanoma went undiagnosed causing his death. The jury awarded $3 million in non-economic damages. This verdict included $1 million in compensation to Plaintiff’s widow, $1 million in compensation to Plaintiff’s estate and $500,000 in compensation to each of Plaintiff’s two children. Unfortunately, these awards will be arbitrarily reduced to a total of $812,500 due Maryland’s cap on non-economic damages.
Similarly, The Washington Post featured an article on February 27, 2010 in which a verdict of approximately $3 million will be reduced to approximately $ 1.25 million. This case also involved a man who died as a result of a doctor’s missed diagnosis. In that case the Plaintiff had torn his esophagus when he swallowed a piece of steak. The radiologist mistakenly diagnosed him as having a hiatal hernia. Hopefully, the highest courts in Virginia and Maryland will take the lead from the Illinois Supreme Court and hold that caps on damages are unconstitutional, paving the way for negligent parties to be held fully accountable for their wrongdoing.
Similarly, The Washington Post featured an article on February 27, 2010 in which a verdict of approximately $3 million will be reduced to approximately $ 1.25 million. This case also involved a man who died as a result of a doctor’s missed diagnosis. In that case the Plaintiff had torn his esophagus when he swallowed a piece of steak. The radiologist mistakenly diagnosed him as having a hiatal hernia. Hopefully, the highest courts in Virginia and Maryland will take the lead from the Illinois Supreme Court and hold that caps on damages are unconstitutional, paving the way for negligent parties to be held fully accountable for their wrongdoing.
Labels: cap on damages
posted by Biera Campbell at 9:33 AM
Thursday, March 4, 2010
Poet's Corner- "The Road to Recovery"
The Road to Recovery may seem lonely and bleak . . it may leave you weak and filled with defeat.
The Road to Recovery may be confusing with bursts of sunshine and valleys of darkness. . . with seconds of relief and days of pain.
The Road to Recovery may be confused with weakness and misunderstood as anger . . . even though your only wish is for a smile, if even for the meanwhile.
So you grunt and bear it and live with the pain.
You follow doctor's orders and hope that tomorrow will not be the same.
You put on a smile to hide the pain.
You wish every day that the Road will not be in vain - that you will overcome and regain your reign.
Yes, the Road to Recovery can be tough, but hang in there, persevere, and have no fear . . . for one day you will greet the world and realize that the pain you once felt has DISAPPEARED!!
By Ebony M. Robinson, Esq.
The Road to Recovery may be confusing with bursts of sunshine and valleys of darkness. . . with seconds of relief and days of pain.
The Road to Recovery may be confused with weakness and misunderstood as anger . . . even though your only wish is for a smile, if even for the meanwhile.
So you grunt and bear it and live with the pain.
You follow doctor's orders and hope that tomorrow will not be the same.
You put on a smile to hide the pain.
You wish every day that the Road will not be in vain - that you will overcome and regain your reign.
Yes, the Road to Recovery can be tough, but hang in there, persevere, and have no fear . . . for one day you will greet the world and realize that the pain you once felt has DISAPPEARED!!
By Ebony M. Robinson, Esq.
posted by Biera Campbell at 8:04 AM
Monday, March 1, 2010
March is Brain Injury Awareness Month
The law firm of Chaikin, Sherman, Cammarata & Siegel, P.C. is proud to participate in Brain Injury Awareness Month. Partners Joseph Cammarata and Ira Sherman are President and Vice President, respectively, of the Brain Injury Association of D.C. Serving in that capacity, efforts have been made to encourage the District of Columbia City Council to issue a proclamation, which it is expected to do this week, declaring March Brain Injury Awareness Month in the District of Columbia. Moreover, Ira Sherman has been in contact with the NFL Players Association attempting to coordinate an effort to educate youth athletes on the dangers of traumatic brain injury arising as a result of concussion. We will also be participating on Capitol Hill in education programs addressing traumatic brain injury. Our goal is to heighten everyone’s knowledge of the subtle effects of traumatic brain injury and the need to identify and care for individuals who have suffered a concussion and the adverse effects of traumatic brain injury.
Labels: traumatic brain injury
posted by Biera Campbell at 6:22 AM
Friday, February 26, 2010
WE CARE ABOUT OUR COMMUNITY
The CSCS family once again donated to the Capital Area Food Bank to help feed those in our community that are less fortunate. Our Associate, Ebony M. Robinson, organized the food drive once again this year and the entire staff participated by donating food and personal hygiene items and filling up three large boxes in our lobby. If you would like to make your own donation, please visit: https://www.capitalareafoodbank.org/donate/ or drop off a donation to:
The Capital Area Food Bank
645 Taylor Street, N.E.
Washington, DC 20017
The Capital Area Food Bank
645 Taylor Street, N.E.
Washington, DC 20017
Labels: community service
posted by Biera Campbell at 3:10 PM
Wednesday, February 24, 2010
CSCS . . . We Fight For Our Rights Too!!!!
As you may have recognized, CSCS has undergone extensive renovation of our lobby and conference room over the last 12 months. However, the renovations were not without strife. The contractors we hired to perform the repairs did not live up to their part of the contract. In fact, they walked away from the project leaving much of the work undone. Unfortunately, the lawyers at CSCS had to find other contractors to finish the work and file a lawsuit against the initial contractors once they refused to provide CSCS with a refund. Well, the Court saw it OUR way and awarded over $100,000 in damages for breach of contract and violations of the Consumer Protection Act. Here at CSCS, we fight for your rights AND OUR OWN!
Labels: Breach of contract
posted by Biera Campbell at 6:57 AM
Monday, February 22, 2010
RECALLED TOYOTAS HAVE CAUSED INJURIES – KNOW YOUR RIGHTS
Toyota has recalled 8.5 million Lexus and Toyota vehicles, since October 2009 for problems with braking, accelerators and floor-mats. Many drivers have reported losing control of their vehicles and crashing as a result of sudden acceleration or when the accelerator has gotten stuck beneath carpet plastic floor mats. In addition, there have been incidents where the braking systems in Toyota’s best selling Hybrid Prius vehicles failed to appropriately respond to braking. These defects may have lead to serious and even deadly injuries.
Listed below are some of the Toyota and Lexus models involved in the largest recall in Toyota’s seven decade history:
2005-2010 Avalon
2007-2010 Camry
2009-2010 RAV4
2009-2010 Corolla
2008-2010 Sequoia
2008-2010 Highlander
2005-2010 Tacoma
2009-2010 Matrix
2007-2010 Tundra
2004-2010 Prius
2009-2010 VENZA
2007-2010 Lexus ES 350
2006-2010 Lexus IS 250 and IS 350
If you, or a family member have been injured as a result of an automobile accident involving one of the Toyota or Lexis vehicle involved in the recall you should call the the automobile accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. to review your rights.
Listed below are some of the Toyota and Lexus models involved in the largest recall in Toyota’s seven decade history:
2005-2010 Avalon
2007-2010 Camry
2009-2010 RAV4
2009-2010 Corolla
2008-2010 Sequoia
2008-2010 Highlander
2005-2010 Tacoma
2009-2010 Matrix
2007-2010 Tundra
2004-2010 Prius
2009-2010 VENZA
2007-2010 Lexus ES 350
2006-2010 Lexus IS 250 and IS 350
If you, or a family member have been injured as a result of an automobile accident involving one of the Toyota or Lexis vehicle involved in the recall you should call the the automobile accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. to review your rights.
Labels: Product liability
posted by Biera Campbell at 8:09 AM
