Wright Medical Group Loses Courtroom Battle

Wright Medical group suffered a damaging blow in its legal battle over its metal hip implant devices because a jury awarded a plaintiff more than $10 million, which stems from a trial over the company’s products. A jury in Atlanta deliberated for three days after a two-week trial, in which the person suing had a hip implant and Wright was accused of misrepresentation its product’s safety. The $11 million verdict includes compensatory damages worth $1 million, as well as punitive damages worth $10 million, and this signals an early loss for the company over its devices. Wright Medical group is still faced with many more cases, which was filed in the Northern District of Georgia, and these cases number in the hundreds.

The whole thing started back in 2013, when a former ski instructor by the name of Robyn Christiansen, from Utah, sued Wright because she said her hip implant caused her to suffer tissue damage after the implant came loose. She got the implant after speaking with her doctor in 2006, and she was provided info about Wright. She said Wright Medical group claimed that their metal device was better than devices made with a polyethylene lining, and that their device would actually last longer.

The woman is only one of around 2,000 people who have filed a complaint against the company, and these people have claimed they have received defective hip implant systems. As for when Christiansen filed her lawsuit that was back in 2013, which was seven years after she got her implant. As previously mentioned, the jury came back with a verdict that included $10 million in punitive damages and $1 million in compensatory damages.

The complaint says Christiansen got the implant in 2006 because she was provided with info by Wright Medical group, who claimed their design, which was metal on metal, was better than designs that featured a lining made with polyethylene. She started to feel pain in her right hip, while she was exercising in 2012 and then she went in for surgery because her doctor thought there was a loose component, but the doctor found out that the soft tissue was damaged due to metal debris, which was causing her hip to fail. Her counsel wrote that she was a ski instructor for more than 40 years and now she cannot do the things she once enjoyed, due to her limits to do things, which includes activities such as hiking and water-skiing.

In most states, people are provided with legal claims, as well as the right to be compensated after they have been injured due to a defective medical device, or if the device doesn’t perform as it was advertised. Patients who have suffered injury can file a lawsuit and seek compensation. This includes compensation for the cost of the surgery (replacement), as well as for medical expenses they endured and pain and suffering. They can also fight to be compensated for lost future wages, lost past wages, as well as punitive damages.

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Have You Been Injured By No Fault of Your Own? Then You May Need A Personal Injury Attorney

Hiring personal injury attorney costs money. However, when you have been injured through no fault of your own, and you are dealing with an insurance company, it may be necessary to retain the services of a personal injury attorney. Their skills, and the intimidation factor of having someone with experience on your side, can make all the difference. The reasons why you decide to hire a personal injury attorney may vary. For example, perhaps the insurance company is simply not giving you a fair deal. However, when it comes to certain accidents or injuries, you really must hire a personal injury attorney to help you.

Injuries that Lead to a Disability

Some people feel the effects of accidents long after they happen. You may find that physically you are not as capable as you were before. This may go away over time or it may stay with you forever. Putting a dollar value on your suffering is not easy. A lawyer can help you with this process to ensure that you get the monetary compensation you deserve.

Serious Injuries

How much money you receive for your claim is dependent on the type of injuries you sustained. Several factors are taken into consideration when determining the severity of your injuries. Your medical bills, for example, are examined. Your recovery time is also taken into consideration. As your case becomes stronger, there is a larger range within which you may receive a settlement. A personal injury attorney is very helpful in these situations. He or she can manage your claim and help you get the most money possible for your injuries.

Malpractice Lawsuits

If your injuries are related to a medical service that was performed on you, there are very complicated rules involved. In these situations, a patient was injured as a result of carelessness or unprofessional treatment by a medical professional, like a doctor or a nurse. A personal injury attorney is essential in these situations, and it is important to seek out someone that has experience with malpractice suits.

No Settlement

No matter how strong your case, sometimes the insurance company just does not want to pay you. Or, they may not want to give you a fair settlement. In these instances, regardless of your injury or how much evidence you have gathered on your own, it is important to hire a lawyer to stand by your side. While you will have to pay the personal injury attorney, you have a much better shot of getting a good settlement and coming out on top in the end.

Hiring a Competent Personal Injury Attorney

Getting recommendations from people you know is the best way to hire a good personal injury attorney. Once you have a few people to pick from, set up interviews so you can get to know the attorneys. Lawyerfocus also can give you information on different lawyers.

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Comparative Negligence In Personal Injury Lawsuit

Personal injury lawsuit takes place when a person who was injured in an accident files a lawsuit against the person or business responsible for causing the accident. For instance, if a driver runs into another car and the accident is deemed to be totally their fault, they may be held liable for the damages incurred by another driver. Likewise, if a business fails to properly maintain their sidewalk during the winter and someone slips and falls on the ice outside, the person could sue them to recover money for any related medical expenses.

In some cases, however, assigning blame for the accident is not so cut and dry. Oftentimes, both parties contribute to the accident in some way. For instance, perhaps one driver ran a red light while the other driver pulled out into traffic too soon. In these cases, a legal rule known as comparative negligence comes into play.

With comparative negligence, a judge or jury decides how much at fault each party was. In the above example, for instance, they may determine that the driver who ran the red light was approximately 70% at fault while the driver who pulled out too soon was only 30% at fault.

These percentages determine how much money each party can recover from the other in personal injury lawsuit. For example, imagine that the driver who was 30% at fault incurred $50,000 in damages as a result of the accident. They could only recover 70% of those damages, which comes out to $35,000, from the other driver. The other driver, on the other hand, could only recover 30% of the damages they incurred since they themselves were found to be 70% at fault.

Some states have restrictions on how much at fault a person can be in order to recover money from the other party. In most cases, the cutoff point falls at 50%. That means that if a person was more than 50% responsible for an accident, they can’t recover any money from the other party. This is known as modified comparative negligence.

Other states take it even further, preventing people from recovering any money if they are found to have contributed to the accident in any way. This is known as contributory negligence. In states that use this system, even if a person is only 1% responsible for the accident, they can’t recover any money from the other party. There are only a few states that still use this restrictive rule.

A personal injury lawyer can help you determine whether or not you are eligible for compensation under the rules in your state. Ideally, your lawyer will be able to help you mount a successful personal injury lawsuit against the other party so that you can recover at least a portion of any damages that you incurred.

Understanding comparative negligence in personal injury lawsuit is a little bit tricky. There are so many different factors that come into play that it can get a bit confusing. Our lawyers are able to answer any questions you may have regarding the amount of compensation you are eligible to receive.

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Automobile Accidents: A Look at The Employers Liability

When an employee is in charge of a car during work hours, and is performing a work function, there could be employers liability involved if that person gets into an automobile accident. This typically comes into play with commercial vehicles or trucks, when the driver is at fault in an accident and the employer is sued as a result. Does the employer have to pay damages? This depends on whether the employer is found to be responsible for what happened.

Employers Liability

When can an employer be found liable for this type of car accident? There are two situations that apply as employers liability. One is if the employer was negligent and the other is called vicarious liability.

Employer Negligence

An employer can be found negligent if they hire an individual, with the understanding that the person will be driving a car, and they do not look into that person’s record to determine if they are equipped to operate the vehicle.

First, the employer needs to determine if the employee has a commercial license that is not expired or suspended for any reason. It is also a good idea for the employer to look into the employee’s driving record. A drug test may also be wise in this situation.

In addition, an employer can be found negligent if they do not supervise the employee properly. For instance, they must outline safety policies and check to see that everyone is in compliance with safety laws. For instance, if the employee is a truck driver, the employer needs to check to ensure that the drivers are in compliance with the logging requirements. They also need to ensure that the cargo is weighed and put on the truck in the right way. If the employer simply leaves these tasks up to the employee, without putting in a system of checks and balances, they could be found negligent in the event of an accident as employers liability.

Vicarious Liability

In this situation, the employer does not need to be negligent in order for them to be responsible. Vicarious liability means that what the employee does is basically the same as what the employer does. The employer is known as the “principle.” When they give their employees an instruction, and those employees act on that instruction, it is the same as if the employer engaged in the action themselves. However, in order for this to be the case, the employee has to be doing something for the employer when the accident occurs.

For instance, if the employee is asked to go and get printer ink, and he gets into an accident coming back from the store, the employer might be liable because the employee was completing a task based on the employer’s instructions. However, if the employee decides to stop at his house to pick up his lunch, and he gets into an accident on the way there, the employer likely will not be found responsible because he did not tell the employee to go to his house. In addition, the employer is not at fault if the employee decides to act badly out of his own free will. For example, if for some reason the employee determines that he wants to hit another car, and he does so, that is not the employer’s fault.

Hiring a Lawyer

If you think that employers liability applies in your case, speak to a lawyer as soon as possible. The attorney will discuss liability laws with you and will review whether they are applicable in your situation. They will also talk to you about how you can protect your rights, depending on what happened.

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