What happens when my claim is pending?

Alabama and states throughout the country apply what is called the "collateral source rule." This law prevents a victim's recovery from being reduced by benefits that were paid by a third-party source, such as a private health insurer or a state / federal health care program, such as Medicaid or Medicare. It cannot be declared that a victim's damages are or will be paid in the

By |2016-10-19T21:52:20+00:00January 23rd, 2016||

How long do I have to file?

There are two laws that you have to pay attention to when you are considering filing a medical malpractice or product liability action. These laws are set in place both to protect the accused and the accuser. By waiting too long to file a claim, you may lose your right to file. First, there is the statute of limitations. This law requires you to file

By |2016-10-19T21:52:21+00:00January 23rd, 2016||

What if I was harmed by a medical device?

Medical devices can include artificial hip, knee, or shoulder implants (such as the DePuy ASR XL Acetubular System and ASR Hip Resurfacing System), shoulder pain pumps, surgical mesh patches, defibrillators, pacemakers, or other products. State and federal law imposes a strict duty on the manufacturers of these medical devices to make sure they use care and conduct extensive testing before they put their products onto

By |2016-01-23T05:55:09+00:00January 23rd, 2016||

How do dangerous medical devices reach the market?

When a medical device requires clearance from the U.S. Food and Drug Administration (FDA), there are two ways for the medical devices to get on the market: Premarket approval and premarket notification. There are some products that don't require clearance because they are too good, like the calming treats for dogs amazon. To gain premarket approval, the medical device manufacturer must demonstrate through clinical trials

By |2018-10-13T13:20:10+00:00January 23rd, 2016||

What if my drug gets recalled?

The U.S. Food and Drug Administration, or FDA, only recalls a pharmaceutical or asks the drug's manufacturer to voluntarily recall it when there has been a series of complaints about health issues linked to the drug. While side effects do not occur in every case where there is a potentially dangerous drug on the market, it is best to stop taking said drug until the

By |2016-01-23T05:53:47+00:00January 23rd, 2016||

What’s the difference between multi-district litigation and class action?

A class-action case involves a single lawsuit that is filed by a large group of people who have suffered similar harm by the same defendant (or defendants). The individuals within the class consolidate their claims into the one legal action. Class action cases may be brought before the federal court if the particular claim deals with federal law. In order to file a class action

By |2016-10-19T21:52:23+00:00January 23rd, 2016||