Miscellaneous

• Dangerous Toy Choking Hazard

  Ken Margolin | October 24, 2006 7:00 AM | 0 CommentsBoston, MA

  Last month, the Consumer Product Safety Commission (CPSC) recalled Walmart's Baby Cookie Monster Toys. The plush Sesame Street character came with a small cookie attached to its hand.The CPSC determined that the cookie could be easily removed by a small child and the cookie stuffed by the child into his mouth creating a choking hazard. Fortunately, the federal safety agency discovered this...

• The Morality of Personal Injury Law

  Ken Margolin | October 23, 2006 1:17 PM | 0 CommentsBoston, MA

  "Tort Reform" is the rallying cry of a multitude of business and insurance groups who claim that our personal injury ("tort") system causes everything from physician shortages to competitive disadvantage in the global economy. The subtle message is that personal injury lawsuits are motivated by greed, and that injured plaintiffs and their lawyers are perpetrators of social harm. That message is...

• Judge Rules Doctor May Owe Duty to Third Parties

  Ken Margolin | October 19, 2006 12:00 AM | 0 CommentsBoston, MA

  A Massachusetts Superior Court judge ruled that a doctor negligently failing to advise his patient, may be liable to a person injured by the patient. Judge Peter W. Agnes, Jr., denied the defendant doctor's motion for summary judgment in the case of a motorcyclist seriously injured by a driver whose diabetes medication made him lose consciousness.Judge Agnes ruled that the plaintiff produced...

• Swimming Pool Drowning Danger

  Ken Margolin | October 18, 2006 7:00 AM | 0 CommentsBoston, MA

  One of the most emotionally difficult cases I ever handled was on behalf of the parents of a little girl who drowned in a neighbor's swimming pool. The tragedy seemed to happen in an instant but the impact on two families will last a lifetime. Swimming pools are dangerous. Whether they are in homes or commercial settings, any property owner with a pool must be safety conscious and must exercise...

• When to Call an Attorney

  Ken Margolin | October 18, 2006 12:00 AM | 0 CommentsBoston, MA

  The answer to the question, "when should I call a lawyer after I've had an accident?" is almost always, "right away." Contacting an attorney as soon as possible after an accident or possible medical negligence, can increase the odds of a good result if the facts warrant filing a lawsuit.In a highway accident case, for example, it is important for your attorney or his investigator to interview...

• Bad Faith Insurance Practices

  Ken Margolin | October 17, 2006 7:00 AM | 0 CommentsBoston, MA

  Massachusetts law requires insurance companies to make "prompt, fair and equitable settlements of claims in which liability has become reasonably clear." M.G.L. c. 176D, §3(f). An insurer's failure to do so is an unfair trade practice, theoretically exposing the insurer to double or treble damages plus the plaintiff's attorneys fees. It is also an unfair insurance practice for an insurer to...

• Child Deaths Result in PlaySkool Toy Bench Recall

  Ken Margolin | October 14, 2006 8:00 AM | 0 CommentsBoston, MA

  On on September 22, 2006, Playskool of Pawtucket, Rhode Island, recalled more than 250,000 Team Talkin' Tool Bench toys, according to the Consumer Product Safety Commission. Two children, a 19 month boy from West Virginia and a 2 year old boy from Texas, died when they choked on large plastic nails sold with the tool bench.The Playskool toy tool bench had been sold since last October in stores...

• Association of Trial Lawyers of America Considers Name Change

  Staff Writer | July 15, 2006 5:36 PM | 0 CommentsBoston, MA

  This Monday, July 17, 2006, Ken Suggs, ATLA President, officers, the ATLA Board of Governors and ATLA membership will vote on whether to change the name of ATLA. ATLA, an organization in which I have actively participated for nearly a decade, is a very influential with members of Congress and the Judiciary. For years and from behind the scenes, ATLA has fought for people's rights. The...

• Nationwide Recall of Disetronic D-TRONplus Power Packs

  Staff Writer | July 15, 2006 4:47 PM | 0 CommentsBoston, MA

  The Food and Drug Adminstration announced a recall of the the power packs used in D-TRON Insulin pumps. The pumps, used for mechanical supplementation of insulin in patients (usually diabetics) apparently contain a redesigned battery, which has caused problems with the pump. It is unclear whether the battery was redesigned and manufatured by the pump manufacturer itself or whether a third...

• Vioxx Verdict

  Staff Writer | July 13, 2006 3:27 PM | 0 CommentsBoston, MA

  Reuters reports a defense verdict in a trial involving Vioxx. According to the report, the seven member jury found adequate warnings provided to the prescribing physician--but inadequate warnings to the plaintiff. Ultimately, it seems, the jury found that the plaintiff--68 years old--would have suffered a heart attack with or without Vioxx.