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Opioid Lawsuits: What You Need to Know

As more and more people fall victim to opioid addiction, more and more lawsuits are being filed. States are suing drug companies, addicts are suing doctors, and the federal government is starting its own investigation into the crisis. But who's liable for opioid addiction? The addict? Doctors? Drug manufacturers? All three? Here's what you need to know about opioid lawsuits and addiction liability. 1. Can I Sue My Doctor for Opiate Addiction? Physicians owe their patients a duty of care, and can be liable for medical malpractice if their prescription of opioids -- either the dosage, the type of drug, or the failure to notice your developing addiction -- constituted a breach of this duty. 2. Can Doctors Be Liable for Patient Overdoses? As noted above, normally patient overdoses are dealt with in a medical malpractice claim, or, unfortunately, in a wrongful death claim. But in rare instances, doctors also have been charged with and convicted of murder in overdose cases. 3. Can You Sue a Drug Company for Opioid Addiction? Successful lawsuits blaming a drug manufacturer for addiction are rare; courts often find addicts liable for their own addiction and the drug companies too far removed from the use to be liable. But that could be changing in the opioid context. 4. Are Drug Companies Liable for Side Effects? Drug companies have a duty to warn of known dangers. So if you're claiming that a drug manufacturer knew how addictive an opioid was and failed to warn either doctors or patients, you may have a better shot at proving the manufacturer's liability. 5. Liability for Drug Overdoses Tragically, some addictions end in overdoses, and many of those can be fatal. Wrongful death lawsuits can look a little different than a standard medical malpractice or product liability claim, so it's important to know how liability may be different as well. If you or someone you know is dealing with an addiction to opioids, get help now. Then consider contacting an experienced personal injury attorney. Related Resources: Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory) Cherokee Nation Sues Walmart, CVS, and Walgreens for Opioid Abuse (FindLaw's Injured) West Virginia Counties Sue Drug Manufacturers Over Opioid Crisis (FindLaw's Injured) Ohio Is the Latest State to Sue Over Opioid Crisis (FindLaw's Injured)
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Teen Dies After Gym Teacher Refuses Asthma Inhaler Request

'When a child is in the school district, from the time they get there, the school is responsible for their safety.' So said attorney Jay Dorsey, who is representing the family of a 14-year-old girl who collapsed and died after a gym teacher refused repeated requests to retrieve her inhaler from her locker. The family has filed a federal lawsuit against the county board of education, the high school where it happened, and the unnamed gym teacher, charging them with civil rights violations, wrongful death, gross negligence, and negligence in hiring and supervising employees. Asthma Attack The incident happened in Montgomery County, Maryland, and Washington's NBC4 first reported on the lawsuit. According to the suit, Taylor Walton began having an asthma attack during gym class in November 2015, and asked the teacher twice to leave class and get her inhaler: A third time, Taylor again approached the John Doe Gym Teacher and stated that she was still having severe problems breathing and that she (was) leaving class to get her inhaler ... Thereafter, Taylor left the gym class. As Taylor was observed leaving the gymnasium, there were no efforts by Defendant Gym Teacher or other members of the gym staff to accompany her to her locker to help her get her inhaler or to secure her safety. Taylor was found by another school employee, collapsed on the steps outside the gym. Efforts to revive her by school staff and emergency responders were unsuccessful. School Board Breach According to the lawsuit, Taylor had suffered a prior asthma attack in the same gym teacher's class before, school officials we aware she suffered from asthma, and were required to distribute an "emergency treatment plan" to her teachers. Taylor's family is seeking $10 million from the Montgomery County Public School district. "The actions or omissions of the Defendant Board and its staff ... breached the duty owed Taylor," the lawsuit alleges. "Each individual breach by the Board and staff, or in concert with each other, was a substantial factor in proximately causing injury and then death of Taylor." Related Resources: Find Wrongful Death Lawyers Near You (FindLaw's Lawyer Directory) When Are Schools Liable for Student Injuries? (FindLaw's Injured) How Do You Sue a School District? (FindLaw's Injured) Max Gilpin School Football Death Suit Settles (FindLaw's Injured)
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$417M Judgment Against Johnson & Johnson in Latest Talc-Cancer Verdict

At this point, there have been so many lawsuits filed against Johnson & Johnson over its talc and baby powder products, and judgments against the company based on cancer caused by those products, it's becoming hard to keep track of them all. Luckily, Bloomberg did the work for us: J&J is facing "5,500 claims in U.S. courts, [and] has lost four previous jury verdicts in St. Louis for a total of $300 million." And you can add another verdict to that list, this one coming in California. A Los Angeles jury awarded Eva Echeverria $417 million after finding J&J liable for not warning about the cancer risk in its baby powder products. Problem All Over the Country "J&J needs to see they not only have verdicts against them in St. Louis, they now also have them in Los Angeles," Echeverria's attorney Mark Robinson said. "There's a problem all over the country with women using talcum powder on daily basis for 10, 20, 30, 40 years." The 62-year-old woman began using the talcum powder products when she was 11 and was diagnosed with ovarian cancer in 2007. Of the total award, the jury charged Johnson & Johnson with $347 million in punitive damages. While J&J has and continues to defend the safety of its Baby Powder and Shower to Shower talc-based products, various lawsuits have cited studies linking talc to ovarian cancer and accused the company of failing to adequately warn customers of the risk. Denying the Obvious Most damning of the allegations against J&J revolve around what the company knew and when. According to one lawsuit, the Cancer Prevention Coalition notified Johnson & Johnson's CEO in 1994 that studies showed using talcum powder in the genital area posed "a serious risk of ovarian cancer." And the AP has reported on an internal memo in 1997 from a Johnson & Johnson medical consultant said "anybody who denies" the risk of using hygienic talc and ovarian cancer is "denying the obvious in the face of all evidence to the contrary." The latest judgment against J&J may be the latest and one of the largest, but it's far from the first and likely far from the last as well. Related Resources: Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory) Talcum Powder Lawsuit: When to Sue J&J for Wrongful Death (FindLaw's Injured) Can Using Talcum and Baby Powder Really Cause Cancer? (FindLaw's Injured) Talcum Powder May Increase Ovarian Cancer Risk in African American Women (FindLaw's Injured)
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ACLU Settles Lawsuit Against CIA Torture Psychologists

Much was made of the 'enhanced interrogation techniques' employed by the U.S. military and contractors in terrorism investigations. Often considered torture, the interrogation program was at the center of an American Civil Liberties Union lawsuit filed against the alleged architects of that program, on behalf two men subjected to those techniques and the family of one man who froze to death in a CIA prison. In what the ACLU says is a first for lawsuits involving CIA torture, the two defendants in the case, psychologists James Mitchell and John "Bruce" Jessen, have agreed to settle the lawsuit, for an undisclosed amount. Enhanced Interrogation "Government officials and contractors are on notice that they cannot hide from accountability for torture," said director of the ACLU National Security Project Hina Shamsi in the wake of the settlement. "Our clients' groundbreaking case has changed the legal landscape. It showed that the courts are fully capable of handling lawsuits involving abuses committed in the name of national security." Due to issues of immunity and fears of classified information being made public, the case was set to be the first of its kind to go to trial, perhaps because the Justice Department did not try to block it. Although both Mitchell and Jessen continue to claim that the abuse suffered by Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and Gul Rahman, and Rahman's death, all occurred without their knowledge. But in an earlier ruling in the case, the court found "The evidence would support a finding Defendants designed the [enhanced interrogation techniques] to be used on detainees, and thus they clearly had knowledge they would be so used." Brutal and Ineffective Those techniques embodied an effort to a state of "learned helplessness" in captives that would remove any resistance to interrogation. According to Dr. Jessen's deposition in the case, he and Dr. Mitchell were tasked with coming up with those techniques, which included sensory and sleep deprivation, shackling for hours in uncomfortable positions, and waterboarding. "Jim and I went into a cubicle," he said. "He sat down at a typewriter and together we wrote out a list." The interrogation techniques developed by the doctors were ultimately found to be brutal and ineffective, but caused lasting pain and suffering to those subjected to them. Related Resources: Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory) Police and School Sued After Interrogated Teen Commits Suicide (FindLaw's Injured) What You Need to Know About Suing the Police (FindLaw's Injured) Chiquita Terrorism Lawsuit: Murder, Torture (FindLaw's Injured)
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Connecticut May Soon Employ Deadly Police Drones

A Connecticut bill that originally focused on simply banning all weaponized drones recently had a controversial exemption carved out that's garnering national attention. That controversial legal exemption to the ban on weaponized drones would only apply to law enforcement agencies, allowing only police in the state to use weaponized drones. While it may seem logical to only allow police to use weaponized drones, if the bill passes, it would be the first law in the nation that actually authorizes police to use drones equipped with lethal weapons. North Dakota passed a law in 2015 that permits law enforcement to use drones equipped with non-lethal weapons like tear gas or pepper spray, and other law enforcement agencies use drones for surveillance purposes. Standard Drone Protocol If the bill passes, the state's law enforcement training council will be required to devise a standard operating procedure for when and how law enforcement can use weaponized drones. The bill itself contains some regulations regarding drone use, but leaves the specifics on training and use to be determined by the council. This type of regulatory framework will allow some leeway in how law enforcement use drones as the technology advances over time. Proponents have rallied their support around the contention that allowing law enforcement the right to use weaponized drones could help stop a terrorist attack, or other serious threat. However, there are equally strong contentions that allowing the use of drones will result in civil rights violations against certain segments of the population, as well as misuse by police. Police Drones While there have been plenty of other concerns raised about law enforcement's use of drones, particularly when it comes to surveillance and searches, equipping drones with weapons is a new frontier for policing. Although there is clearly a benefit to sending in a robot over a human in a situation where gunfire is likely to be exchanged, anyone who's seen RoboCop or any other similar fictional work involving robotic police, is aware of the ethical dilemma that can be expected when the human element is removed from policing. Related Resources: N.D. Farmer Convicted in 1st Domestic Drone Case (FindLaw Blotter) No First Amendment Right to Drone Surveillance, Conn. Court Holds (FindLaw's Technologist) Who's Afraid of Domestic Drone Strikes? (FindLaw's Law and Daily Life) Drone Operator Attacked: Are They the New 'Glassholes'? (FindLaw's Legal Grounds)
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So You Married a Criminal? 3 Legal Tips

While accidentally marrying a criminal sounds more like the subject of TV drama (or comedy) than a real life occurrence, it does happen in real life. Unfortunately, even when a person marries a criminal on accident, there could be real life consequences. Most often, legal consequences for uninvolved spouses stem from organized, or white-collar, criminal activities. For instance, spouses that agree to put things in their names, or sign checks, or take other relatively passive roles, can find themselves looking at actual jail time. Alternatively, spouses that merely reap the financial benefits, completely passively, without being involved at all, can usually expect to minimally have those benefits seized and forfeited. Here are three legal tips on what to do if you accidentally marry a criminal: 1. Annulment May Be Possible If you were tricked into the marriage, you may be able to qualify for an annulment based upon fraud. Unlike a divorce, an annulment will dissolve a marriage and treat it like it never happened. There may be some complicated issues when it comes to separating joint property, but it could potentially protect an innocent spouse from liability. State laws differ about how and when a person will qualify for an annulment, but generally state laws require a showing that the innocent spouse materially relied on a significant misrepresentation in agreeing to marry. If an annulment isn't possible, divorce or legal separation can be pursued. 2. Consult and Retain an Independent Attorney So long as you are not actively involved in the criminal enterprise, you can consult with an attorney on how to keep on the right side of the law. Depending on your situation, this may involve legal separation, divorce, annulment, or maybe not. If you get involved with the criminal enterprise, an attorney will not be able to assist you in continuing to break the law, but may be able to help keep you out of trouble if you are arrested. It is also important to retain your own attorney, rather than rely on joint representation, particularly for a spouse that is not actively engaged. 3. Maintain Separate Accounts Maintaining sufficient separation of financial accounts may not be possible if the criminal enterprise is the sole source of income. However, if there are premarital assets, or you earn legitimate income, these should be maintained separately and diligently tracked. In the event that a criminal prosecution occurs against the criminal spouse, depending on the jurisdiction, being able to trace separate legitimate income may be what prevents it from being seized by the authorities. Related Resources: Find Family Law Attorneys Near You (FindLaw's Lawyer Directory) 5 Potential Ways to Get an Annulment (FindLaw's Law and Daily Life) What Is the Spousal or Marital Privilege? (FindLaw Blotter) How Marriage Annulments Differ from Divorces and the Grounds for Obtaining a Marriage Annulment (FindLaw's Learn About the Law)
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Study: Payouts Are up in Medical Malpractice Lawsuits

Insurance companies might be seeing fewer medical malpractice claims, but they seem to be awarding more money to the injured patients that do make them. A new study found that paid medical malpractice claims declined almost 56 percent between 1992 and 2014, but the average payout for a successful malpractice claim jumped over 23 percent, reaching $353,000 for the 2009-2014 time period. So what accounts for the decline in claims and rise in payouts? And what does it mean for future medical malpractice plaintiffs? Fewer Claims = More Money The research comes from physicians at Brigham and Women's Hospital, who analyzed numbers from a centralized database of paid malpractice claims: Researchers report that the overall rate of claims paid on behalf of all physicians dropped by 55.7 percent. Pediatricians had the largest decline, at 75.8 percent, and cardiologists had the smallest, at 13.5 percent. After adjusting for inflation, researchers found that the amount of the payment increased by 23.3 percent and was also dependent on specialty. Neurosurgery had the highest mean payment, and dermatology had the lowest. The percentage of payments exceeding $1 million also increased during the same time period. Dr. Adam Schaffer, an instructor at Harvard Medical School and lead author of the study, speculated that recent tort reform, which places statutory limits on medical malpractice damages, could be responsible for the decline in paid claims. "Fewer attorneys could be interested in taking claims if there's going to be a smaller potential payout, given that most attorneys are paid on a contingency basis," he explained. Schaffer also pointed to claim screening panels and additional procedural hurdles to explain the decline in claims, but this could also account for the rise in payouts -- if only the most ironclad malpractice claims are being made and meeting the procedural requirements, the average payout per claim would be expected to rise. What Does It All Mean? The study could mean that lawyers are more skittish about taking on medical malpractice cases, but those that they do accept might be in for a bigger payday at the end. Medical malpractice claims are complicated, and even just dealing with a physician's insurance company can be difficult. If you've suffered an injury in a medical context, contact and experienced attorney near you. Related Resources: Think you have a medical malpractice claim? Get your claim reviewed by an attorney for free. (Consumer Injury) Fewer Medical Malpractice Lawsuits Succeed, but Payouts Are Up (CBS News) Getting Paid: Collecting on a Judgment or Jury Award (FindLaw's Injured) How Much Is Your Personal Injury Case Worth? (FindLaw's Injured)
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Can You Sue Your Parents for Child Abuse?

Technically, the law permits a child to sue their parents as a result of child abuse. There are no special rules preventing this type of lawsuit. However, what a child considers to be abuse may not actually be legally considered abuse. Parents are generally permitted to punish their children, which can include depriving children of luxuries such as video games, computers, internet access, a car, dating, seeing friends, or even dessert. A parent can make a child sit in the corner, go to their room, do chores, or worse, babysit their siblings. Depending on the manner in which it is done, even corporal punishment or spankings can be okay in the eyes of the law (so long as they are not excessive) . Why Children Sue Parents Even though it seems rather out of character for a child to sue their parents, it happens. Most frequently, like all lawsuits, it’s about money. Recently, the Canning family’s case in New Jersey made national headlines.The 18-year-old daughter, still in high school, was suing her parents after moving out over disagreements over the house rules. However, the legal complaint that was filed alleged all sorts of objectionable, questionable, and downright deplorable parenting, ranging from crude comments to irresponsible boozing. The matter did not make it very far, particularly after the judge denied the child’s request for an emergency child support order of $650 per week. When to Sue? In every state, the statute of limitations for a minor’s legal claims do not begin to run until the minor reaches the age of majority. That means that if a state provides a two year statute of limitations on a particular claim, and a child is injured at age 12, they will have 2 years to file their claim after they turn 18 years old. Even if an adult child is suing a parent as a result of sexual abuse, or rape, there will likely be a short statute of limitations of no more than a few years after the child turns 18. Worthwhile to Sue? Regardless of whether the law supports an abused child’s case for damages against their parents, a prospective plaintiff may want to think twice before filing suit. Even assuming that the case is winnable, whether or not a judgment can be collected from a defendant is a wholly different issue. If a parent was convicted of a criminal act related to the abuse, or is presently incarcerated, there is a strong likelihood that any judgment a plaintiff secures won’t be worth the paper it’s printed on.To find out if it’s worth your time to pursue a legal claim, speak to an experienced personal injury lawyer. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) Student Suing Parents Loses 1st Round, but Case Isn’t Over (FindLaw’s Legally Weird) Son Sues Mom, Pop for Overtime at Family Biz (FindLaw’s Free Enterprise) Homeless Man Sues Parents for Not Loving Him Enough (FindLaw’s Legally Weird)
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How Much Is a Dog Bite Injury Lawsuit Worth?

When it comes to evaluating the value of any injury case, most people understand that bigger injuries correlate to bigger settlements. When it comes to dog bites and animal attacks, the owners will usually be held liable, barring extraordinary circumstances. Not all animal bite cases will be severe injuries, or equate to large monetary damages. Typically, larger monetary awards occur if an animal attack leaves visible scarring, requires surgery extended medical care, or results in the need for mental health therapy, such as PTSD counseling. What’s a Dog Bite Case Worth? An injury settlement or award will generally reimburse an injury victim for their medical bills, out of pocket expenses, lost wages, and other consequential damages. However, if a person receives a settlement that includes reimbursement for medical bills, they may be required to pay back a health insurer, or even pay outstanding medical bills (if any). A person can also receive monetary compensation for pain and suffering. Usually awards for pain and suffering will depend on the severity of the injury and the extent to which the recovery and injury disrupted a person’s regular life. There is no standardization to the valuation of pain and suffering. When to Sue? After being bitten by a dog, you may be very upset, to the point where you may consider suing simply as a matter of principle. But all strong feelings aside, when should you actually take steps to bring legal action? Is it worth your time to sue? Here are a few points to consider:Frequently, a pet owner’s home-owner’s insurance will provide coverage for dog bites. But, if the pet owner responsible for your injuries is uninsured and has no assets, then there may be no way to actually collect a judgment.The decision not to sue for this reason, however, should be carefully evaluated with the help of an attorney. Also, if you decide not to sue, you may wish to re-evaluate that decision down the road. But be forewarned, most injury claims must be brought within one or two years, depending on your state law. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) How Much is My Pet’s Injury Worth? (FindLaw’s Injured) Housemates Could Be Liable for Dog Bites (FindLaw’s Injured) Dog Bite Injuries: Do You Have a Case? (FindLaw’s Injured)
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Stronger, Kinder, and Gentler

As I let the results of the election sink in, one of the biggest fears that I have is that it will now be socially acceptable for people to be mean to others based on their membership in a group, whether it be women or minorities or immigrants or gays or anybody else who is not part of the white male establishment. Nobody can deny that the recent presidential election has been one of the ugliest in our lifetimes with women being called names and being publicly criticized for their appearance and for speaking out against assault and Hispanic politicians being called liars and having their judgment questioned based on their cultural heritage. I have heard people praise the Donald Trump campaign for making it okay not to be politically correct and for him saying things that others think but are afraid to say, and I fear his affirmation through the election will make such hurtful and regressive discourse even more common and tolerated than it already is. Although we can debate whether political correctness has gone too far, I think we can agree that it is not okay to vilify and hate others based on their gender, race, religion or sexual orientation. So what can we as female criminal defense attorneys, who see the debilitating effects of stereotyping on a daily basis, do for the next four years? I suggest that we become stronger together to fight to make this nation kinder and gentler despite our divisions. We must speak out against hatred of all types, whether it be in the form of racial or religious profiling or gender stereotyping. We must raise our voices even louder to speak out against injustice when we see it and fight harder in our local communities to eradicate it. We must speak up publicly in and out of court when our clients have been victims of hate or are being judged in whole or in part because of their membership in a group. And when our clients are the haters, advocate for the punishment designed to rehabilitate rather than lead to recidivism by embedding the hatred even further. I also suggest that we use our economic power to make changes. We must support local women and minority-owned business (and lawyers) and boycott businesses associated with those who hate. We must spend our charitable dollars on local organizations which work to empower girls and immigrants rather than on charitable foundations which make their officers and directors richer. We must support candidates at the local level who will fight for the values we believe in. Let politicians see that we will vote with our purses as well as through the pulpit and polls. I suggest strongly that we work together to be stronger and to make this country kinder and gentler every day in our local courts and communities and that we show the public and the Government and its officials that smart, kind, strong, and gentle female criminal defense lawyers can make a difference. The post Stronger, Kinder, and Gentler appeared first on Women Criminal Defense Attorneys.
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