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Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for February, 2011

Protecting My Child From Injury – Could a Cell Phone Destroy Your Child

Monday, February 28th, 2011

 It’s hard to know what is safe sometimes. There are many things that we just do not realize that can cause our child injury if not death. It’s a scary world out there.  If you are my age you hitch hiked up and down your hometown, not anymore.

 What really concerns me are the products that are made that can kill or injure my your child. Just recently I read an artice the headline was STUDY : Cellphone use affects brain. Holding a cell phone against your ear changes brain acivity due to RADIATION.  A cellphone is a microwave radiation antennae. The amount of radiation you get is directly related to the distance from your head. They say it could be good or bad. And your child’s developing brain is more susceptible to these changes. I’ll bet you there’s some bad stuff they won’t tell us about.

But what about products we know about. Take a look at the recalls on products known to have caused child injury . This link here  is for other than toys.

http://www.cpsc.gov/cpscpub/prerel/category/child.html

Let’s name a few:  jogging strollers. I always thought those were pretty dumb. There’s Dad running as fast as he can . What if he tripped and fell. Reminds me of those people who put there child on a riding lawn mower. So there is an element of parental responsibility. But for the most part the products are the culprits such as dangerous cribs.

IKEA Recalls to Repair Cribs Due to Mattress Support Collapse; Cribs Pose Entrapment and Suffocation Hazards

 

Two Strangulation Deaths Prompt Summer Infant to Recall Video Baby Monitors with Cords; Firm to Provide New On-Product Label & Instructions

 

WARNING: Generation 2 Worldwide “SafetyCraft” Brand Drop-Side Cribs Pose Risks of Strangulation, Suffocation
Hardware Linked to Deaths and Injuries

Here is the consumer protection center site devoted soley to crib safety. Please go there if you are using a crib. http://www.cpsc.gov/info/cribs/index.html

And now our Supreme Court in its infinite wisdom says that you can not sue a vaccine manufacturer for a drug design defect and the special court set up at the request of the drug companies is your only remedy. O boy.

If you have questions about your childs injury I welcome your call at 1-800-447-6549 or you can check out my personal injury help web site.

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Car Insurance Settlement Help Allstate Secrets by Cincinnati Lawyer

Tuesday, February 8th, 2011

 So you have been injured in a car accident. What should you do. The lawyers are telling you to hire them. The insurance company is telling you not to hire a lawyer it’s not necessary. Who do you believe? For the fourth quarter 2009  Allstate made $518,000,000.00. I don’t think they are hurting. You can also go to their site www.allstate.com and dig out documents that reveal they had a consistent plan to keep car accident injury claimants from attorneys.

 Here’s a news flash for you . I don’t mind taking cases against Allstate. I have had several jury trials where the insurace company for the defendant was Allstate. The key is to take good cases and fight Allstate all the way in front of a jury if necessary. They have miscalculated the damages they think a case is worth and have gotten stung. I created a video how I turned an allstate policy of $25,000.00 into $100,000.00

Allstate makes you work. Maybe that’s the way it should be who knows. Their goal is to make money for their shareholders. Despite their propaganda if you have insurance with Allstate especially undeinsured motorist YOU DO NOT COME FIRST.  And if an Allstate insured causes you a serious accident, stand up for what is fair. Some lawyers may not want to handle your case if Allstate is on the other side. Don’t giveup . I’d be glad to put you in touch with lawyers in your jurisdiction who are willing to fight Allstate.

The American Association for Justice fka The American Trial Lawyer’s Association, they changed their name because they thought they would get more credibility, if they weren’t called trial lawyers, the whipping boys and girls of the press. I’m proud to be a trial lawyer and take Allstate to the mat. Here is part of what AAJ said in a document they prepared about the 10 worst insurance companies.

To identify the worst insurance companies for consumers, researchers at the American Association for Justice(AAJ) undertook a investigation of court documents,SEC and FBI records, state insurance department inestigations, compliants, news acounts, court documents testimony and depositions from across the Country and of former agents and adjustors

 Our final list includes companies that range acrooss different insurance fields.

 

 

 

Allstate—The Worst Insurance Company in America

One company stood out above all others. Allstate’s concerted

efforts to put profits over policyholders has earned

its place as the worst insurance company in America.

According to CEO Thomas Wilson, Allstate’s mission is

clear: “our obligation is to earn a return for our shareholders.”

Unfortunately, that dedication to shareholders

has come at the expense of policyholders. The company

that publicly touts its “good hands” approach privately

instructs agents to employ a “boxing gloves” strategy

against its own policyholders.

Allstate adjuster Jo Ann Katzman, “We were told to lie by

our supervisors—it’s tough to look at people and know

you’re lying.”

call Cincinnati car accident inury lawyer Anthony Castelli for help 1-800-447-6549

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Cincinnati Lawyer Help For Depuy Hip Implant Recall

Sunday, February 6th, 2011

All over the country including Cincinnat lawyers are educating Depuy Hip implant victims about the Recall and what they should so. All over the country lawsuits are being filed agaisnt Depuy owned by Johnson and Johnson. Johnson and Johnson wants you to come to them. My suggestion is do not sleep with the enemy. Their goal is to pay you as little as possible.

 You can find my Depuy hip implant articles summarized at personalinjury.com Or you can read back through the last three articles I have written here  for the full treatment. These articles are not a substitute for consulting with an attorney knowledgeable about the depuy hip implant recall and your rights for just compensation. Some of the after effects have been horrendous.

Even if you are not experiencing significant symptoms that does not mean they will not occur. So protect yourself. It will not cost anything to sit down with me or other experienced lawyers to find out the steps to take to protect yourself.

 There are articles of interst from many different states at www.personalinjury.com

For a FREE NO Obligation evaluation I welcome your call at 1-800-447-6549

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Depuy Hip implant lawsuit How Do I Know if I Have a Case

Thursday, February 3rd, 2011

 If you have had a hip implant since 1993 you will want to know if you have a case or claim against Depuy – Johnson and Johnson for a defective hip implant.

Here is a list of 5 things to consider to determine if you have a case against depuy for a defective hip implant device.

 One of the responsibilities of an Depuy  ASR hip implant lawyer is to ensure everyone, clients and non-clients, are informed before they file a DePuy hip implant lawsuit.  Here is a list of 5 questions   that you need to consider before you decide what to do next.

1. How will I know if my DePuy hip implant is included in the recall?
If you do not recall the name of the device, you need to contact your physician or the local hospital where you had the procedure performed.  They will have records that can identify the device that was implanted the day of your surgery.  DePuy ASR Hip Resurfacing System or the ASR XL Acetabular System is the terms you are looking for.
 2. If you know you received one of the defective ARS DePuy hip implants, but you aren’t having side effects, what should I do.

It’s possible that your implant may not be giving you problems at the moment.  However, due to the Depuy’s  “metal on metal”construction of the implant, the device has been shown to have shards of metallic debris over an extended period of time go into your blood stream. Some patients have a higher than normal level of cobalt and chromium ions in their blood. Never assume that your implant is never going to present problems to you at a later date.  It’s ALWAYS a good idea to have any potential claim investigated and all side-effects investigated by your doctor, no matter how small they may seem.

3. What are some of the  the symptoms I should be looking for to know if my DePuy ARS implant is failing?You can not make a list of  all inconclusive symptoms; however, here are some of the more immediate issues possibly related to the defective ARS hip replacement devices. They include pain in the are where the implant was inserted, swelling, infection, loss of mobility, a popping noise, loosening of the implant cup, dislocations, bone fractures, etc.    

4. NEVER contact Depuy Orthopedics before contacting a qualified lawyer that is handling the DePuy lawsuit.The reason for this is that although Depuy says things on its web site about paying some expenses, DePuy has known about this problem for quite some time but failed to warn patients or issue a timely recall.  What would give you reason to believe they are willing to do the right thing now?  However, if you have already contacted them, I would suggest you  immediately stop all conversations and contact a lawyer handling DePuy lawsuits. 

5. How is a lawyer that is handling the DePuy defective hip lawsuits going to help me? There are a number  very important things that a qualified products liability lawyer can do for you: 

a.) If  a Cincinnati lawyer determines that you have a potential claim, they can make sure that your claim is protected. There is a time limit in which you have to file a potential claim, and if you miss that deadline, you are forever barred from making a recovery, no matter the severity of your damages.

b.) If a lawyer determines that you have a potential hip injury claim, they can advise you how to proceed and work with you and your doctor to make sure you get the medical care you need and fight to get you the compensation you deserve so that you receive the highest compensation possible for your damages as well as pain and suffering.

c) The lawyer you consult should know the top lawyers in this area and potentially work with the top lawyers handling these Depuy hip implant cases.

By Cincinnati accident injury lawyer Anthony Castelli . For a Free No obligation consultation Call 1-800-447-6549

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Depuy Hip Implant Help Dangerous Loophole

Thursday, February 3rd, 2011

If you have a Depuy implant you need help. See your doctor then get with a lawyer. You could be in for years of misery and you may have to get this removed.

In fact I anticipate when the whole truth comes out anyone that has a Depuy hip implant will have to have it removed. And your life will never be the same. So how could this happen .

let the governement take the lawyers and product liability law out of the equation and this will be the tip of the iceberg. Big business in bed with big government. You won’t be able to sleep at night.

The new yourk times did a great article on how this happened. Here it is in a nutshell. NO TESTING WAS REQUIRED.

The brief and troubled life of DePuy’s A.S.R. hip points to a medical implant system that is piecemeal and broken on many fronts, critics say. Unlike new drugs, many of which go through a series of clinical trials before receiving approval from the Food and Drug Administration, critical implants can be sold without such testing if a device, like an artificial hip, resembles an implant already approved and used on patients.

That way, manufacturers can rapidly make small changes to a device to improve it. But those simpler procedures have also effectively created a loophole, experts say, that lets producers bundle a component from an unapproved implant into an existing design and sell a device with minimal testing. With the A.S.R., that process unfolded with devastating results.

“You are basically testing these devices in an uncontrolled way on a large number of people,” said Dr. Wolfe the director of the Public Citizen’s Health Research Group and a longtime F.D.A. critic.

As patients began complaining, doctors and regulators here remained largely unaware that the problem was widespread because no independent monitoring system exists in this country that tracks implant failures. Such a database, used in other countries, might have clued in American orthopedists to the problem. In addition, doctors who tried to sound an alert said they had been rebuffed by DePuy.

There is no easy fix and patients face permanent damage. 

For patients, the problems with the A.S.R. required additional painful operations in which the device was replaced with yet another artificial hip. For some, however, the damage to bone, muscles and nerves from the troubled device, which can shed tiny metallic particles, has left them permanently disabled. That damage can also complicate a replacement operation.

The impact on individual patients also continues to be profound.  One example is a woman who now uses two canes to walk because of the hip tissue damage she suffered from an A.S.R.

By Anthony Castelli Cincinnati personal injury lawyer Call 1-800-447-6549 for a FREE NO OBLIGATION CONSULT to discuss your options

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DePuy Hip Implant Get Help Now

Wednesday, February 2nd, 2011

 Depuy hip implants are being recaled because they are defective.

 WHAT SHOULD YOU DO

1. Contact your doctor immediately so you can can medical care

2 SEEK  the help of a lawyer familiar with the Depuy Hip Implant Recall

Here is a video of hip replacemnt surgery. Unfortunately many depuy hip implants are failing at an unprecedented rate.

Patients implanted with the defective medical devices have complained of many problems from pain, swelling, difficulty walking, and flu like symptoms.  Revision surgeries have shownmetallosis, a condition caused by the metal ions from the excessive wear of the devices which kills the soft tissue in the affected area.  Patients have also been found to haveexcessive levels of chromium and cobalt in their .  The impact of this toxicity is not yet fully understood, but is being studied.  Another tragic consequence of these early failures is that with each revision surgery, the useful life of these devices goes down. Thus, many of the relatively young people that DePuy marketed this device to may find themself needing another revision in there late fifties or sixties, but not being eligible for one.

These video speaks directly to the Depuy Hip implant This discussion talks about the metal on metal articulation of the Depuy hip implant and the problems its causing

Not only is the breakdown off the implant a problem but also metallic particles being released into the blood.

Depuy wants you to contact them but this may be a mistake to do so. After all what is their motive? Is it to help you or cut their losses.

Don’t Delay Statue of Limitation in Ohio can affect your rights to bring a claim.

by Cincinnati injury lawyer  Anthony Castelli 1-800-447-6549

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Depuy Hip Implant Recall Help & What to Do

Wednesday, February 2nd, 2011

Johnson and Johnson the owner of Depuy has issued a recall on their Depuy hip Implant. There are multiple claims all across the country regarding this dangerously defective hip implant.

Immediatley below is what Depuy says on their own web site.

DePuy makes patient safety and health a top priority and is continually evaluating data about its products. The DePuy ASR Hip is one of many hip replacements available from DePuy Orthopaedics. Most ASR hip replacement surgeries have been successful. However, data recently received by the company shows that more people than expected who received the ASR Hip System experienced pain and other symptoms that led to a second hip replacement surgery, called a revision surgery. New data shows that five years after implantation, approximately 12% of patients 1 in 8 who had received the ASR resurfacing device and 13% of patients  1-8 who had received the ASR total hip replacement needed to have a revision surgery. For this reason, DePuy Orthopaedics is recalling its ASR™ XL Acetabular System and DePuy ASR™ Hip Resurfacing System. This recall means additional testing and monitoring may be necessary to ensure your hip implant is functioning well. In some cases patients may need additional surgery. If you have received an ASR™ XL Acetabular System or DePuy ASR™ Hip Resurfacing System, both of which will be referred to as your hip implant, the following information will help you understand what this ASR hip recall means to you and the steps you should take. Note: The DePuy ASR™ Hip Resurfacing System was only approved for use outside the U.S. and the ASR™ XL Acetabular System was available worldwide.

symptoms

The patients who reported problems in the first five years and had revision surgery reported a variety of symptoms. These symptoms included pain, swelling and problems walking. These symptoms are normal if you have just had a hip replacement. If the symptoms continue or come back, it is a sign that there may be a problem.

Tests will help your surgeon determine if your hip is working as it should and whether you are having a reaction to metal particles generated by the wear of the components in your ASR Hip.

what to expect

At your next surgeon visit your surgeon will evaluate how your ASR Hip System is functioning.

· If you are experiencing pain, difficulty walking, or other symptoms, your surgeon may want to take x-rays of your hip. X-rays will allow your surgeon to evaluate how the ASR Hip System is positioned, if there is any damage to the bone and if the ASR Hip System has remained attached to the bone. If the x-rays show problems with your ASR Hip System, your surgeon may recommend surgery to replace it.

· Your surgeon may order additional blood testing or imaging to ensure your ASR Hip System is functioning well. The blood test indicates the level of microscopic metal particles around your hip.

· If the blood test indicates a high level of these particles, your surgeon may want to do a second blood test three months later. These levels may be high even if you are not experiencing any symptoms, so this blood testing is very important. If the second blood test still indicates a high level of these particles, your surgeon may want to do an MRI or ultrasound test of your ASR Hip System. If such tests show a reaction to the particles, your surgeon may recommend surgery to replace your implant.

  

BELOW IS FURTHER INFORMATION. NOT FROM DEPUY.  YOU PROBABLY SHOULD CONSULT YOUR DOCTOR THEN AN ATTORNEY THAT CAN ADVISE YOU

 

The Food and Drug Administration (FDA) had  been receiving complaints regarding the design failure in DePuy hip implants for over two years – around 400 complaints in the United States. According to The New York Times, some orthopedic experts are appalled that DePuy did not recall their devices earlier.

There has been a lot of coverage of the 2010  (Depuy Recall) recently, and it’s difficult to know who to believe. If you or someone you love had a Depuy Hip Replacement installed since 2003, this recall will affect you. You will need an experienced hip replacement lawyer who understands how to fight against a massive corporation., Here are the facts of the case:

  • Depuy ASR  models – recalled hip replacements: the ASR Hip Resurfacing System and the ASR XL Acetabular System.
  • There are about 93,000 people worldwide affected by the recall.
  • The company is recommending that patients who received these defective hip replacements see their surgeons for a follow-up appointment.
  • Patients experiencing any pain associated with their hip replacements should see a medical professional immediately. It is important both medically and legally to determine whether you have a defective hip replacement.
  • In the most severe cases, patients need revision surgery. This painful, costly, invasive process requires months of recovery.
  • Already 12%-13% of DePuy hip replacement patients have needed revision surgery.
  • Hip replacements should last 15 years, but many of DePuy’s ASR hip replacement devices have lasted less than five.
  • The most common complications associated with the recalled hip replacements are pain and stiffness. However, some of the replacements have deteriorated and released metal particles into the blood.
  • Victims in 12 states have filed lawsuits against DePuy.

DePuy claims it will cover all of its patients’ “reasonable” expenses. What does “reasonable” mean?  The company, a division of multibillion-dollar corporation Johnson & Johnson, has already failed its customers . In addition, many of the lawsuits filed against the company claim that DePuy knew about the problems long before the recall.

What Some Attorneys Recommend for Recalled Hip Replacement DePuy Patients

One thing attorneys are advising patients not to do is sign away their rights to DePuy and Johnson & Johnson. The company wants patients to give up personal medical records. In exchange, DePuy claims it will pay patients for legitimate expenses incurred due to its defective hip replacements. The company also wants patients to send back the original defective hip implant. However, providing this information or the replacement itself would be a poor decision. You don’t want to sign away your rights to DePuy Recall. A better decision would be to call an experienced  hip replacement lawyer. That is why many patients have chosen legal action against DePuy.

By Anthony Castelli Cincinnati personal injury lawyer Call 1-800-447-6549 for a FREE NO Obligation consultation 

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How Do I settle my Accident injury What is it worth

Tuesday, February 1st, 2011

 Many accident injury victims want to know what their case is worth and how can they settle it. The temptation is to buy one of those self help books. Let’s examine what they really have to offer.  The reality is that they can not take the place of an experienced personal injury lawyer, and in fact cost you more. And most of them end up saying if your case is really serios hire a personal injury lawyer.

What is the single greatest thing I can do to increase the value of my claim? Pray tell. I bet it’s to buy Your book.

Answer:  Buy my book.

Auto Accident Personal Injury Insurance Claim (How To Evaluate and Settle Your Loss)

Contains the exclusive BASE Formula that places a specific value on personal injury including “pain and suffering”Sorry folks there are no formulas that you can aply to each case . Each case is as different as a snow flack. There are multiple factors to consider but no formula such as 3 times your medical bills

However, the book also says that where the services of a lawyer or other professional is called for, such advice should be sought accordingly.   In fact it specifically states: “…if your medical diagnosis includes bone fractures, a herniated disk, serious aggravation of a pre-existing condition, prenatal difficulties, or almost anything diagnosed to be more complicated than a “soft tissue” type of injury, it’s not wise for you to handle your claim yourself. You should engage an attorney to represent you.” 

That’s a direct quote from the advertisement for the book!

Allaboutcaraccidents .com has some great free articles. If you can not find the information you seek about your injury settlement take a look there. Here is an example about what they say about how much a car accident injury settlement is worth.

http://www.all-about-car-accidents.com/accident-settlement-value.html

Multiple of Specials  (Let’s See what they say)

To determine accident settlement vlaue, you add these elements of damage together . . .

  1. Medical bills.
  2. Lost income.
  3. Pain and suffering damages. (How about loss of enjoyment of life) This is a line itme damage in addition to pain and suffering

The insurance company may challenge the amount of medical bills and lost income that you claim.  The much more difficult question to answer is . . . how much are you entitled to recover for your pain and suffering?

One common method of estimating the unknown — pain and suffering damages — is to multiply the known — the out-of-pocket expenses for medical bills and lost income — times an arbitrary multiple. The out-of-pocket expenses are called “special damages” or “specials.” In a case that does not involve serious or permanent injuries, and where fault is reasonably clear, accident settlement value is determined under this system by multiplying “specials” by somewhere between 1 1/2 and 4, depending on the circumstances of your case.

Again I say  there is no such thing as a multiplier. what if your leg was amputated in the emergency room and your medical bills were $50,000. what multiplier is even close . There is none. There’s a multitude of factors that drive value, but a multiplier is not one of them.

But the amateurs trying to sell books keep pumping out this garbage. here’s another one of their examples.

If you received a neck injury in your car accident, incurred medical bills of $2,500 and missed a week of work, which cost you $1,000, your “specials” are $3,500. Depending on the other facts in the case, the accident settlement value of your claim is somewhere between $5,250 (1 1/2 times specials) and $14,000 (4 times specials). THERE IS NO SUCH FORMULA.

HERE ARE SOME THINGS TO CONSIDER.

Whether there are any aggravating circumstances in the accident, such as drunk driving or driving under the influence of drugs. If there are aggravating circumstances damages will be higher.

The seriousness of your injuries. Obviously, more serious injuries demand more compensation than less serious ones. For example, broken bones are considered more serious than soft tissue injuries. (My experience, however, is that soft tissue injuries (sprains and strains) can be quite serious, causing significant long term problems. Don’t let insurance adjusters scoff that you “only have soft tissue injuries” if there is nothing “only” about your injuries.)

How long your recovery took. For example, a 6 month recuperation normally entitles you to more than a 2 month recovery.

Whether you recovered completely. If you will have permanent consequences, you are entitled to more. In fact, if you have a permanent injury of any significance, I recommend that you consult with a car accident lawyer about your case.

Finally, before deciding on the most reasonable multiplier to use to calculate your accident settlement value, take a common sense look at the case. If the out-of-pocket monetary expenses are particularly high compared to the injuries, use a lower multiple. An example is someone who is taken to an emergency room from Why do they keep talking multiplier. the insurance company will deny it and the jury’s won’t by it. It’s not logical.

  A Per Diem Approach is the best. How many days did they suffer and will they suffer in the future. You were given a job. a job you did not want. you job was to endure pain and limit your activities.

One author recommends that you use $3,000 per month as compensation while your injuries were being treated. According to the U.S. Census Bureau, as of 2006, this was the approximate median income for U.S. males. Your reasoning, therefore, is that dealing with pain from your injury while it was acute was at least as difficult as doing the average job in this country. more months of symptoms, the total pain and suffering amount under the per diem system that I recommend is $11,000, and, when the out-of-pocket expenses are added, the total accident settlement value is about $14,500.

Another way of using a per diem approach is to use your actual income figures as a measure of damages for the time you were in active treatment, reasoning that dealing with your injury was at least as difficult as the job that you normally do. I prefer this method of determining accident settlement value for several reasons. First, it gives you a reasonable answer to the question “how did you get that figure for pain and suffering?” Second, it is a method of valuation that you can use if your case goes to court.

In court, the multiplier approach  ais not formally recognized. You can’t stand in front of a judge or jury and tell them you want 3 times your special damages. At least judges and juries are not supposed to calculate damages that way. Instead, they are supposed to award the amount that they decide is reasonable, fair and adequate for each compenent of damages — medical bills, lost income and pain and suffering. Therefore, you can use this system to explain to a judge or jury what you claim and why you claim.

And I submit this last method is worthwhile to explore. It ties your injury to something tangable. One more thing. The jury better like you and you better not seem greedy or a whiner. You won’t recover much if that’s the case. Human Nature Prevails.

by Cincinnati car accident injury lawyer  Anthony Castelli Call For a Free no Obligation evaluation of your case 1-800-447-6549

 

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