http://www.horwitzlaw.com/Michael-Carter-Blog.htm Michael Carter's bLAWg en-us http://www.horwitzlaw.com/story-images/blawg.jpg http://www.horwitzlaw.com/Michael-Carter-Blog.htm 75 75 Michael Carter's bLAWg http://www.horwitzlaw.com/Michael-Carter-Blog_326.htm You can type these words into Google and get a list of web sites all talking about how corporations are being attacked by lawsuits filed by people who refuse to take personal responsibility for their safety...   http://www.horwitzlaw.com/Michael-Carter-Blog_310.htm NO I MEAN TO REALLY GET YOUR ATTENTION.       http://www.horwitzlaw.com/Michael-Carter-Blog_309.htm Unfortunately, it's a fact pattern that those of us who prosecute nursing home neglect cases hear all too often.  It goes like this.  "My mother got out of a chair and took two steps and collapsed.  She broke her hip.  The nursing home said people like my mother fall a lot and there's nothing they can do to prevent the falls.  After all, they don't want to restrain mom to a bed." http://www.horwitzlaw.com/Michael-Carter-Blog_311.htm When preparing to file a product liability case, one initial question is sometimes overlooked, namely what is a product?  Illinois courts have addressed this issue on a case by case basis, discussing the facts of the individual case against the backdrop of the policies behind product liability law. http://www.horwitzlaw.com/Michael-Carter-Blog_307.htm (April 18, 2007) U.S. Food and Drug Administration (FDA) investigators and U.S. Marshals seized all implantable medical devices from Shelhigh, Inc., Union, N.J., after finding significant deficiencies in the company's manufacturing processes. The deficiencies may compromise the safety and effectiveness of the products, particularly their sterility. http://www.horwitzlaw.com/Michael-Carter-Blog_308.htm What happens when the public learns that "dissolving" medical sutures failed to timely dissolve if they dissolved at all?  Apparently, the whistleblower gets fired, that's what. http://www.horwitzlaw.com/Michael-Carter-Blog_295.htm It’s always quite busy in my departments.  My practice changes as technology advances, so from time to time I like to let people know what types of cases I’m investigating and/or prosecuting.  So here we go… http://www.horwitzlaw.com/Michael-Carter-Blog_294.htm Nevermind the irony of an insurance company complaining that there are too many lawsuits while denying claims until the policy holder has no choice but to file a lawsuit.For many, State Farm Insurance is no "good neighbor" http://www.horwitzlaw.com/Michael-Carter-Blog_277.htm We as a society actually have many important reasons to thank lawyers. yes, that's right. Lawyers. http://www.horwitzlaw.com/Michael-Carter-Blog_259.htm Because of a defect, Ford assumed there would be 2,100 burned vehicles, 180 serious burn injuries and 180 burn deaths.  Ford further estimated that each death would be worth $200,000 and each burn injury $67,000. They were wrong. http://www.horwitzlaw.com/Michael-Carter-Blog_247.htm Biomedical Tissue Services (and a few of the vultures who ran that company) ignored the rules and regulations governing the harvesting and use of tissue from cadavers.  Actually, that’s an understatement. They carved up bodies without the consent of the deceased person’s family.  http://www.horwitzlaw.com/Michael-Carter-Blog_248.htm Michael Mastromarino, the owner of Biomedical Tissue Services, is currently out on $1.5 million bail after pleading not guilty to charges stemming from the illegal harvesting of body parts.  http://www.horwitzlaw.com/Michael-Carter-Blog_246.htm Courthouse doors are closed to those killed or injured by railroad anhydrous ammonia. Allowing corporations to escape liability for wrongful acts should leave a bad taste in everyone's mouth. http://www.horwitzlaw.com/Michael-Carter-Blog_245.htm 1.5 million people are injured every year by drug errors.  That’s hard to comprehend ...1.5 million people.  That’s the approximate population of the State of Idaho.  A few more people than live in the State of Hawaii.  http://www.horwitzlaw.com/Michael-Carter-Blog_242.htm A study this week from the Insurance Institute for Highway Safety determined that ten thousand fatal automobile crashes a year could be prevented if vehicles were equipped with electronic stability control to keep them from rolling over. http://www.horwitzlaw.com/Michael-Carter-Blog_241.htm In what can only be described as a landmark case, a jury awarded former welder, Lawrence Elam, $1M (one million dollars) in damages finding that he developed Parkinson's disease because of exposure to welding fumes.  http://www.horwitzlaw.com/Michael-Carter-Blog_235.htm The phrase, "Do as I say, not as I do" might not have been coined specifically by corporate culture, but it's a motto they're willing to take to the Supreme Court. The truth about liability within the Corporate Shell Game has been exposed, giving injured people the right to hold those who manage the purse strings truly accountable.  http://www.horwitzlaw.com/Michael-Carter-Blog_218.htm Volvo’s research and testing may actually undermine Ford’s defense in rollover cases.  Wouldn't it be interesting if Ford's standard rolloverover defense is put to an unmerciful, public death because of it's aquisition of Volvo, a company Ford presumably bought so it could profit from Volvo's reputation for safety?  While not a textbook definition of irony, it's interestingly close.  http://www.horwitzlaw.com/Michael-Carter-Blog_149.htm Sometimes, it's best just to let the facts do the speaking.  Look at how many times this doctor's license was revoked while he kept operating.  Does he reflect the medical community?  No.  Did the medical community allow him to practice?  yes.  http://www.horwitzlaw.com/Michael-Carter-Blog_92.htm After being seriously injured a plaintiff goes to a physician for treatment.  An injured person’s choice of physician is limited by options in an insurance plan.  Geography matters too, if you are in a serious amount of pain you don’t want to sit in a car for a long ride to a doctor.  As a practical matter, people often go to doctors they have a prior relationship with.  The physician may not look sophisticated, may not be the best oral communicator and may not keep the best records.  But, at least the physician’s heart is in the right place.  The physician is working hard to diagnose and treat the injuries.  http://www.horwitzlaw.com/Michael-Carter-Blog_91.htm When the Illinois Nursing Home Care Act was passed by the Illinois General Assembly it embraced the concept of private attorney’s general.  This concept means that private civil attorneys would be enforcing the provisions of the Act to ensure that for-profit (and not for profit homes being financial gutted by greedy “management companies” providing no real services) corporations followed the law.  http://www.horwitzlaw.com/Michael-Carter-Blog_17.htm Citizens continue to support the jury system, despite frequent false and misleading attacks by a few corporate lapdogs masquerading as various concerned organizations...   http://www.horwitzlaw.com/Michael-Carter-Blog_18.htm Verdicts are increasing. Settlement amounts are up too. I’m not talking about personal injury cases or medical malpractice verdicts. In fact, medical malpractice payouts have remained stable. What I’m talking about is one corporation or business suing another. Here are some examples.   http://www.horwitzlaw.com/Michael-Carter-Blog_19.htm Frivolous lawsuits? Ever hear someone complain that there is too much money being spent on frivolous lawsuits? Are frivolous lawsuits driving up the cost of insurance? What about health care? The answer is a resounding “no.” How can I be so sure?