Professional negligence

Amtrak-Truck Collision Potentially Fault of Oversized Truck

Chris Welsh, Esq. Earlier this month, an 18-wheeler carrying three times the size and weight permitted made a fateful left-hand turn across train tracks when it collided with an Amtrak train. This is the second major truck and train incident this year. Allegedly, a special permit had been written to allow the truck to exceed length and weight limits. A witness reports that the driver of the 164-foot truck had been trying to make the turn for nearly ten minutes and accelerated at the last minute when he saw the oncoming train. The driver jumped out of the vehicle …


Graco Car Seat Punishment Not as Big as It Seems

Chris Welsh, Esq. Graco Children’s Products is in hot water with U.S. Transportation for its responsibility (or lack thereof) in the largest ever recall of child seats. Graco sold 4 million car seats that were eventually recalled for trapping children (in one case, a grown man had to use channel pliers to get his two year old daughter out). Graco has been fined by the National Highway Traffic Safety Administration (“NHTSA”) for dragging its feet to notify parents and safety authorities about the defective buckle. The NHTSA fined the children’s product manufacturer a potential $10 million for its negligence: …


Coalition of Attorneys General to Investigate Herbal Supplement Industry

Brian Nettles, Esq. There is no question that awareness of health and natural foods are at the forefront of concerns in America these days. What was once a niche market, organic and health-minded consumption is now mainstream. The market for organic foods reportedly jumped from $28.4 billion in 2012, to an estimated $35 billion in 2014. To put that into perspective, even McDonald’s plans to get rid of antibiotic-treated chicken–and add kale to it’s menu. Needless to say, consumer appetite for organically produced, health-boosting items is growing big time. There is a lot of money in the business boom–and a …


OSHA Adds Evidence to Workers’ Comp Crisis: Injuries Cause Social Inequality, Taxpayer Burden

  Chris Welsh, Esq. The evidence of the destruction and disappearance of the workers’ compensation system is mounting, The verdict? Families of injured workers and taxpayers bear the majority of the cost, financially and socially. The Occupational Safety and Health Administration (“OSHA”), the federal agency that oversees the health and safety of America’s workers, has released a report on the dire conditions of the current workers’ compensation system. The agency’s report comes just after the release of another investigative report on the issue by NPR and ProPublica. All three entities’ investigations reveal much of the same: the timeless care …


Jury Brings Fourth Verdict Against Johnson & Johnson, Ethicon for TVM Device

Chris Welsh, Esq. A California jury has granted a $5.7 million verdict against Johnson & Johnson, and its subsidiary, Ethicon Inc., for failing to warn health care providers of the risks associated with their defectively designed  transvaginal mesh device. It is the fourth plaintiffs’ victory against Johnson & Johnson and Ethicon regarding the mesh devices (“TVMs”). To date, over 25,000 claims have been brought in state and federal courts against the suppliers. The lead plaintiff, Coleen Perry, had the Ethicon device implanted to treat stress urinary incontinence in 2011. Within a year, she had to have surgery to remove parts …


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