Archive for News – Page 51

Immunity Law is Shielding Nursing Homes in NY in the Wake of COVID-19

As the COVID-19 (coronavirus) pandemic continues to ravage the country, there is one place where this virus is particularly deadly. This is in nursing homes. The virus is particularly deadly to those who are elderly and those with pre-existing conditions. Given that nursing homes are typically filled with elderly individuals who live in close proximity to one another, this places nursing homes at extreme risk of being harmed by COVID-19.

Sadly, thousands of elderly New Yorkers have already passed away from the virus. Many of these individuals are located in nursing homes. Furthermore, there is an immunity law in place that may shelter nursing homes from potential legal action and liability lawsuits.

The NY Immunity Law

Many of the nursing homes throughout NY are poorly staffed and undersupplied. This combination means that nursing homes may not be able to adequately care for and protect their residents as COVID-19 continues to spread. Recently, an immunity measure was passed which shields nursing homes from liability. While this relieves administrators, many advocates fear that this law is simply going to allow the nursing homes to hide behind the law in cases of neglect that may turn deadly.

In an executive order passed in March, the state of New York granted a significant shield to both nursing homes and their staff as they were desperately trying to procure enough equipment to adequately care for their residents. While this is admirable, this should have been done much sooner/ Now, with a pandemic that has killed thousands of people across the state, families may be out of options if they believe their loved one passed away due to negligence on behalf of the nursing home.

Other Options Are Available

There are still ways that a family can take legal action against a nursing home for the death of a loved one. If the nursing home doesn’t have enough PPE, they might be held liable in cases of gross negligence, reckless misconduct, or intentional harm. For example, if the nursing home never made an attempt to improve their situation, they could still be held liable for this gross dereliction of duty; however, this would be a high bar to clear.

Class Action Lawsuits Against China Resulting From Covid-19

The Chinese government is currently facing four different federal class-action lawsuits against them for their failure to maintain the COVID-19 outbreak. They also failed to inform all other communities outside of China of its potential dangers.

One of the lawsuits involve small businesses in California that have been impacted by COVID-19. An attorney who goes by the name Larry Klayman is in charge of one of the four class-action lawsuits that accuse China of letting out a biological weapon to society. The U.S. is hoping to be able to recover a large sum of money for damages. However, chances are slim for any such actions to take place. This is because there is a barrier that will not allow the Chinese to be brought into courts in the United States. The FSIA act will not allow U.S. lawsuits to become successful.

Some sources believe that these U.S. lawsuit allegations are false. Instead, the culprit of the COVID-19 outbreak in China started in a market in Wuhan. There is much negligence on their part though for not being able to contain the spread of the virus. Chinese government will have to bring on any allegations and lawsuits for commercial activity in China in order for them to be held accountable.

There is a possibility of these lawsuits not being successful in Wuhan since there are many improper practices and the U.S. Supreme Court has already ruled that institutes run by the government may not comply.

China would also have to inform people by giving a warning about COVID-19 in order for the lawsuits to be successful. However, the courts may not agree with this. The wrongdoing act caused by China would have also have had to happen in the United States.

Another California attorney by the name of Kent Schmidt expressed that there is no chance that federal judges would approve these class action lawsuits. They would need great evidence to prove that these lawsuits are doable even though many agreed that China was responsible for the spread of the virus.

Unfortunately, the courts in the U.S. are not in a position to address the effects of the COVID-19 here even though the harm done was a direct result of China. There are attorneys that disagree and are looking to take care of American’s who have been affected by COVID-19 financially.

Wrongful Death Attorney Hired in Wake of Police Chief Death

Last November, Police Chief Michael Knapp was killed in the line of duty. A reliable and dedicated public servant, he was struck by a maroon 1988 Chevrolet as he was crossing Fourth Street located in Lynden, WA. He was airlifted to a local hospital in nearby Seattle; however, he died of his injuries the next day. Now, his family has hired a wrongful death attorney to represent them in possible legal action in the wake of this tragedy.

A Career of Service

Police Chief Michael Knapp served as an inspiration to countless people in the local community. He started his career as an FBI special agent and this valuable experience eventually led to him serving as the Chief of Police for multiple cities including Medina, Lynden, Blaine, and Ferndale. He was known for his outstanding character and uncompromising adherence to his morals. He also served as a fantastic leader, inspiring generations of law enforcement professionals who still follow in his footsteps to this day. He was also the consummate professional, fueling love and respect in everyone with whom he came into contact.

Today, he is survived by his two grandchildren, his son-in-law, and his wife.

Proving a Wrongful Death Case

A wrongful death case is difficult to prove; however, this is an action that can be taken by the family or heirs of a person who was killed in either an intentional act or one of negligence. In this case, the family of Police Chief Michael Knapp may seek to hold the driver of the Chevrolet responsible for the death of their loved one. Even if the driver was not intentionally trying to kill the police chief, they may seek to claim that he was negligent when he struck a pedestrian crossing Fourth Street in Lynden, WA.

The goal of any wrongful death case is to fairly and justly compensate family members and heirs for the death of a loved one. For example, they might lose financial support because their loved one is unable to work. There might also be medical expenses and final expenses that place the family in a challenging financial position.

The story of this dedicated public servant’s death is heartbreaking. Hopefully, his family is able to find some closure following legal action.

Privacy Investigation Unfolds Regarding Credit and Debit Card Receipts

There are countless people across the country who use debit and credit cards every day. The added security provided by using debit and credit cards when compared to cash has given rise to a large industry; however, you may not realize that your personal information could be stored on these receipts. Based on the information on your credit and debit card receipts, you could be owed money.

Federal Laws Are in Place

There are federal laws that protect your private information from disclosure on credit and debit card receipts. This is called the Fair and Accurate Credit Transactions Act (FACTA), which indicates that businesses and companies can only print the last five digits of a card number on any given receipt. Furthermore, the expiration date cannot be printed. If the vendor prints more than this information, this could be a violation of FACTA, and it may entitle consumers to legal action.

Qualifying for Legal Action

Even though many people only look at their receipts for the total of the sale, it is important to look at the credit card information as well. If more than five digits of the credit card are printed (even if non-sequentially) or any part of the expiration date is printed, then you could be entitled to legal action. Some individuals might even be entitled to $1,000.

Furthermore, some individuals might even be able to serve as lead plaintiffs in a class-action lawsuit. In this case, the settlement amount might be even higher.

An Overview of FACTA

FACTA was passed back in 2003 as a way to protect people from the dangers of identity theft. Taking someone’s credit card number is one of the easiest ways to do exactly that. This sensitive information could even be accessed by criminals using a phishing attack against a sensitive database. FACTA seeks to curtail this activity. Sadly, some vendors still print too many digits, placing their customers at risk of identity theft.

Common Violations

There are a few common violations of FACTA printed on receipts. Sometimes, the expiration date is printed without slashes or breaks; however, if the expiration date is printed in any format, this is a violation. Furthermore, some receipts print more than five digits of the card number. They might not be sequential; however, this is still a violation. Anyone who receipt features one of these common violations should consider taking legal action.

Personal Injury Lawsuits Have Lawyers Earning 160 Million From Opioid Settlements

Fifteen opioid settlements have earned lawyers contingency fees amounting to nearly $160 million in both Oklahoma and two Ohio counties. The news comes after a law review blog made known the details of the settlements, coupled with government officials’ emails.
Amid the coronavirus pandemic, a dozen law firms received contingency fees over their lawsuit contracts. Still, the even higher expected amount was slashed by the federal judge overseeing the Street Case. This agreement was devised to release five major global drug distributors from the more than 2,000 consumer lawsuits that face them, both in state and federal courts.
Big pharma held accountable for the opioid pandemic gripping America
The drug manufacturers include Cardinal Health, McKesson Corporation, Johnson & Johnson, AmerisourceBergen, and Israel based Teva, a maker of generic medication.
Several plaintiffs were represented against the Ohio counties and Oklahoma drug distributors, with the ruling setting a milestone for ongoing opioid-related litigation across the country. The distributors targeted are not as prominent as more significant corporate players that have misled consumers with marketing gimmicks, which fueled the opioid epidemic. Evidence, however, points to their being key actors of evading regulation or assisting drug manufactories and outlets in circumventing opioid painkillers’ order limits.
The lawyers for the opioid victims argued that these distributors had flaunted state and federal laws by conspiring to desist from monitoring or reporting manufacturers or pharmacies. Distributors were portrayed as not only turning a blind eye to the extraordinary number of opioid orders but also motivating their sales teams to place more volumes on the market.
The utter disregard for public health and safety was decried by one of the attorneys as ‘jamming open the floodgates of death on an unsuspecting American public.’ No comment was forthcoming from drug companies, who had reiterated that theirs was to deliver medication approved by the FDA, and that doctors prescribed these drugs to their patients.
What this landmark ruling means for drug industry stakeholders
The deal saw the pharmaceutical distributors alongside manufacturer Teva pay a combination of cash payouts and addict treatment center donations. With over 400,000 casualties reported in the US opioid epidemic, drug market stakeholders can be brought to the stand following this $160 million landmark settlement.
While the two Ohio county settlements were being read, corporate lawyers for the defendants, other drug distribution companies, and pharmaceutical players were already pursuing another global deal. This would see them pay or donate over $48 billion to opioid treatments.

According to Study, Recovery Times Following a Mild Traumatic Brain Injury Are Taking Longer

There are countless people who participate in sports across the country. This is a great way for people to stay in shape, learn about teamwork, and compete with others; however, some sports, such as football, leave people at risk of suffering head injuries. According to a study that was published recently, less than half of people who suffer a mild traumatic brain injury (TBI) are able to recover fully within 14 days.

A New Study from Axis Sports Medicine

The study was conducted and published by Axis Sports Medicine, located in New Zealand. The results stand in stark opposition to the perception that people who suffer a mild TBI while playing sports are going to recover in a period of two weeks.

A team of medical professionals analyzed the recovery time for close to 600 individuals located in New Zealand. All of these individuals suffered a TBI related to sports. Around 75 percent of them were male and the median age was 20 years. Some individuals were even under the age of 12.

After eight weeks, 96 percent of the patients had recovered; however, just 45 percent of patients had recovered after two weeks. According to current guidelines from the Concussion in Sports Group, nearly everyone recovers by around ten days. The results of this research study appear to differ. The results of this study are going to be published in the Clinical Journal of Sports Medicine.

Traumatic Brain Injuries Are Serious

Traumatic brain injuries are serious and deserve to be treated as such. Unlike other parts of the body, the neurons of the brain often do not regenerate after they are injured. This means that people who suffer a traumatic brain injury could be left with complications that last for the rest of their lives. In sports, concussions are among the most common head injuries that people sustain. Repeated concussions can even lead to long-term medical issues, including CTE (chronic traumatic encephalopathy), which is a big issue in the NFL.

Therefore, it is critical for everyone who sustains a blow to the head to seek professional medical assistance. Everyone should make sure they are ready to return to sports safely following a concussion.

Other Nations Are Steering Clear of Vaping in Wake of Epidemic in United States

Not long ago, there were significant public health concerns related to vaping. As the world turns its focus on COVID-19, there is also a glimmer of good news that is coming out of the public health arena. It appears that other countries are learning from the major issues the United States faced with vaping. The outbreak of lung injuries associated with vaping had medical professionals across the country concerned. Numerous news reports are indicating that other countries are taking action.

Juul Sees Heavy Opposition

Juul, one of the most prolific manufacturers of electronic cigarettes (e-cigarettes) in the world has already been involved in its fair share of lawsuits. As the company tries to expand beyond the United States, where it has already been vilified, it is being mt with closed doors. There is a ferocious anti-vaping sentiment across the world and many countries are enacting stark restrictions and even bans on its products. As a result, the ambitious plans that Juul once planned are starting to collapse. The company has been removed from the Chinese market and India has banned its products as well. Other countries banning Juul include Laos, Thailand, Cambodia, and Singapore. Clearly, other countries are starting to take action.

Popular Among the Younger Generation

While other countries were taking action to limit these products, Juul was busy climbing through loopholes left open by the Federal government. Its products were vilified because of the manner in which they targeted the younger generation, trying to get them hooked on these products. With sweet flavors and flashy advertising, it didn’t take long for the younger generation to take advantage of Juul pods, using them to get high via THC, commonly found in marijuana.

The results were deadly. Close to 3,000 people were hospitalized with lung injuries related to vaping, leading to 68 deaths. While an additive known as Vitamin E acetate was found to be the culprit, the damage to Juul’s reputation has already been done.

More Work Must Be Done

Even though vaping has been pushed from the front page by COVID-19, the combination of vaping and this viral infection can be deadly. People should refrain from vaping as a whole; however, particularly during this time, when medical professionals already have their hands full dealing with this deadly virus.

An Overview of Pain and Suffering Claims in Washington State

Almost everyone strives to put safety first when they get behind the wheel of a motor vehicle; however, an accident can happen at any time and even the smallest accidents can lead to serious injuries. If you have been injured in a car accident, you may be entitled to damages if the accident was the fault of someone else.

When someone hears about injury damages stemming from a motor vehicle collision, they often think about medical costs, insurance bills, and even lost wages due to time missed from work; however, there is another category of damages that people should know. This is called pain and suffering.

The Definition of Pain and Suffering Damages

States will vary slightly in their definition of pain and suffering. In some cases, there might even be a cap. In the state of Washington, for example, pain and suffering are defined as an inconvenience, mental anguish, and emotional distress. This can even include probable emotional distress that may take place in the future.

The definition of pain and suffering is subjective and can be hard to quantify. While a medical bill has a number printed on it, as do the costs of car repairs, pain and suffering can be difficult to quantify.

Coming to a Fair Number for Pain and Suffering Damages

Because pain and suffering are both subjective, it is important to work with a legal professional to come up with a fair number. Often, this amount is going to be based on prior cases that might have had a similar outcome. Some of the factors that are going to play a role in the final number include the person’s age, his or her occupation, the person’s state of health before the collision, and the type of physical injuries that someone sustained.

In the end, it is critical for people not to settle for less than what they are owed. Too often, an insurance adjuster is going to tell someone that their pain and suffering award has already been set in stone. Instead, those who have been involved in a car accident should work with a legal professional who will fight to defend the rights of his or her client.

Data Breach: Millions of People File for Unemployment and Have Their Personal Data Compromised

The COVID-19 pandemic has been devastating for people all over the world and this is a medical crisis that has left an economic one in its wake, marked by rising unemployment rates. This includes the state of Washington. Fortunately, in many parts of the country, unemployment benefits have been increased and extended for those who have had a hard time finding a job. Unfortunately, many people had their data compromised during a data breach that took place in December.

According to information that was published by the Washington State Auditor, a data breach at the end of 2020 could have compromised the information of as many as 1.6 million people in the state of Washington for applied for unemployment benefits in 2020.

The breach took place at a third-party server and could have exposed the personal information of people who work for the government as well. Anyone who applied for unemployment benefits between Jan 1, 2020, and Dec 10, 2020, including those who worked for the government during that time, could have had their information exposed.

This is not the first attack that has taken place at the Washington Employment Security Department. Last Spring, the department lost hundreds of millions of dollars in fraud cases as close to 400,000 people’s identities were stolen to apply for benefits fraudulently. This led to a tremendous amount of criticism on the part of the department.

Right now, law enforcement is still investigating the breach to determine what happened. The agency says that they have used this software program for 13 years and they believed the security measures in place to be appropriate. Unfortunately, this same agency has been a target of hackers in other parts of the world as well, such as New Zealand and Australia.

Right now, it is incumbent on everyone who might have had their information stolen to take steps to protect themselves. It is important to keep an eye on all financial accounts for any signs of fraudulent activity. Finally, anyone who believes they have been the victim of identity theft should report it to law enforcement immediately and reach out to a trained legal professional to assess all of their options.

Three of the Largest Verdicts in Texas in 2019

There is a wide variance in the amount of money awarded to an injured plaintiff by a Texas legal system. Though many of the largest verdicts are against trucking companies, there are so many cases working their way through the system that multi-million damage awards occur in a number of different types of cases.  We assembled a list of three of the largest verdicts awarded in the year 2019. Although these cases are in no way typical, they are instructive as to what Texas juries and judges find sympathetic, what they find reprehensible, and what they find the most worthy of compensation.

The first case was an 80 million dollar award dispersed by a jury in Hidalgo County to a truck driver who was injured while at work. The man was forced to work a shift by his employer after directly informing his employer that he had not rested for the minimum amount of time and could not safely or legally drive. Then the man was made to understand that his job was at risk, so he took the driving shift over his objections. While driving, he fell asleep at the wheel and was injured in an accident. The jury took 7 days to find his employer negligent in this injury.

The second case is 33 million dollars awarded to the family of a man killed in Dimmit County. The case was rather straightforward. The man was driving through Carrizo Springs when a cement truck suffered a sudden tire failure and veered into his car, killing him. The jury found the Goodyear Corporation, manufacturers of the tire that failed, to be 90% at fault for the accident. The company that owned the cement truck was judged to be only 10% at fault.

The third award was for 32 million dollars, and it came from a case of sexual assault against a fourteen-year-old in Denton County. The two boys that committed the assault were sued for a variety of crimes, and the jury agreed. The liability for the incident was split evenly between the two young men. Unlike the other cases, which were against large companies with contingency funds, insurance policies, and other methods of paying multimillion-dollar verdicts, it is unclear if the plaintiff will ever be able to retrieve even a substantial proportion of their payment.