In a sweeping victory for consumers, the United States Supreme Court this morning held that FDA drug regulation does not preempt common law claims for damages under state law. Diana Levine, the courageous plaintiff in this lawsuit, lost her arm after being injected with the drug Phenergan, brought suit against the drug maker, Wyeth. The…
Continue reading
During the recent hearing on a client’s theater scarring case, the judge noted that he would need to see the actual scars in controversy. The experienced Fairfax judge noted that while he had received pictures of the claimant’s permanent leg scars, he was mindful of a case where the original pictures did not show the…
Continue reading
Jury trials look so easy on television and in the movies. In “real life,” preparation for a jury trial takes many months. Every single piece of evidence is like a building block. The early investigation is like the”foundation.” Any missing bricks can be exploited by the insurance company lawyers and cause the entire structure to…
Continue readingNegligent construction and unmended leaks in the windows can let moisture in to your house, allowing toxin-producing mold to grow and spread. A Loudoun jury recently awarded a family harmed by mold in their own home $4.75 million, among the largest awards in a mold case in Virginia. The defendant home construction company had not…
Continue readingFederal health officials found that there was prior salmonella contamination at the peanut butter factory where the tainted food was formulated. Internal tests at a Georgia peanut butter plant linked to a nationwide salmonella outbreak revealed at least a dozen instances of salmonella contamination during 2007 and 2008. However, according to the Food and Drug…
Continue reading