It's difficult to go through life without being touched by cancer in some capacity, whether you are personally struck by the disease or have a loved one or friend who is. A cancer diagnosis is both devastating and life-altering. Cancer steals time and leaves scares, both visible and invisible. The treatments can sometimes feel worse than the disease and can include side effects ranging from fatigue to pain to nausea and vomiting and so much more.
Previous posts here have discussed the basic interplay of state and federal statutes and regulations with regard to the topic of holding drug manufacturers responsible for defects in the creation and marketing of their products. Unfortunately, in most cases, it takes not only education, but years of experience with such lawsuits to competently handle all the possible complexities presented by cases of this nature around the country.
So, word on the virtual street is that Kim Kardashian wants to go to law school. Yeah... Let's talk about that. First off, she hasn't gone to undergrad. I don't think she realizes that. Second, I really doubt Mrs. West understands just how difficult, life altering and intense law school is. I began law school as a naïve but determined 23 year old freshly out of undergrad and ready to fight all the injustices in the world. I worked hard in undergrad and didn't think law school would be much more difficult than my honors classes. I was so very, very wrong.
If you're anything like me, you LOVE your animals and believe they can do no wrong. I grew up with a household full of everything you can think of: Dogs, horses, cats, turtles, birds, fish, hamsters and even sugar gliders (if you don't know what they are, they kind of look like flying squirrels). What happens, though, when your beloved pet does act out? Are you liable for that bite, that scratch or that kick? Let's focus on man's best friend for now. Personally, it's my pet of choice, because I have three dogs.
Previous posts here have discussed the fact that many, if not most, motor vehicle injury civil lawsuits are filed on the basis of the negligence of another party. We have also touched on some of the basic elements of a negligenceclaim. Our readers might remember that these include breach of alegal duty, cause in fact, proximate cause and the existence of damages. A few weeks ago we talked about cause in fact, or "but-for" causation. This week we'll look briefly at the concept of "proximate cause."
Imagine: You're ill. Your doctor has prescribed you a brand-name drug. You read the warning label and directions. You take the medication. All seems well. Soon, though, you begin to feel horrible. You are rushed to the hospital. Diagnosis: Adverse medication reaction. You are hospital ridden for weeks, missing family time and work. Worst of all, your kidneys are now failing. You bring a lawsuit to recover your damages. You prevail.
It was once expected that children would be playful, adventurous and boisterous. We used to have sayings like "boys will be boys," or "let her be a kid." Nowadays, though, an active child is said to be "disordered" or "mentally ill." They are given labels like ADHD or bipolar and put on dangerous prescription and harsh antipsychotic drugs like Risperdal.
As you go to work or school in the morning, you probably notice more than a few people talking on their phone, texting or reading emails. Technology is a huge asset in our lives, but it is also a hazard, especially when used while driving. The newest technological fad is the widely popular game, Pokemon Go. Back in the 90's, Pokemon was a harmless card game for children and pre-teens. Now, Pokemon is digitalized and has found its way into the hands of adults in the form of a phone app that uses a GPS device that allows you hunt Pokemon in the real world.
The history of law is replete with different ways in which to approach the responsibilities of parties when it comes to the production, selling and buying of products in the general stream of commerce. From the ancient concept of caveat emptor, or "buyer beware," to the more modern approach of implied warranties, the balancing of the interests of consumers against manufacturers and sellers has been a part of the legal framework of Western society for many years.
Previous posts here have discussed some real-life lawsuits that have resulted in verdicts awarding compensation to victims of defective medical equipment in Texas and around the country. For example, we discussed cases regarding the use of defective metal-on-metal hip joints, as well as "power morcellators" during hysterectomies. These are just a couple of instances cited by some physicians who are championing a bi-partisan measure in the U.S. House of Representatives that would add some language to the federal statute covering reporting of defective medical devices.
Previous posts here have discussed how the federal Food and Drug Administration plays an instrumental role in monitoring the safe manufacture and distribution of medications and other pharmaceutical products in Texas and throughout the United States. The FDA is charged with enforcing federal law and regulations concerning the manufacture, marketing and labelling of prescription drugs and certain over-the-counter products. However, the agency also requires that drug sellers and manufacturers continue to report any problems that occur with their products after they hit the market.