January 2011 Archives

'Fountain Lady' Hires a Lawyer

January 24, 2011, by

On the 14th, I posted the Texting While Walking Video. Now, it looks like the woman is looking to sue. Wait, what??


New Defective Hip Lawsuit Website

January 19, 2011, by
DePuy, A Johnson & Johnson Company logo

Image via Wikipedia

We recently launched a micro-site for the defective DePuy Orthopedics ASR hip replacement devices

DePuy, a division of Johnson and Johnson Services, Inc. announced a recall of the dangers and defective hip implant on August 26, 2010. According to their numbers, at least 13% of the patients will require a second replacement surgery or revision. It's likely this number will be much higher.

We've added sections on:


Texting While Driving Hopefully Headed Out the Window

January 19, 2011, by
There's another push in Oklahoma to ban texting while driving in Oklahoma. State Rep. Danny Morgan is leading the charge.  There's been at least 30 states to ban text messaging and driving.  An interesting fact:
A U.S. News and World Report ranked Oklahoma at 47 out of 50 in a ranking of the worst teen drivers, citing an average of 115 teenager deaths on Oklahoma roads every year.

Darvon/Darvocet: What to do if you are still taking it.

January 17, 2011, by

Call your doctor for an appointment. You will want to see if you can get a prescription for a different pain medication. Immediately stopping the drug can cause withdrawal symptoms, so you'll need to follow your doctor's instructions on tapering down on it.

Even though the drug was banned in the U.K. six years ago, the drug was only recently banned here in the U.S.

According to Public Citizen, the side effects (heart problems) will go away once the drug's use is ended.

Why you don't want to get a loan on your personal injury case

January 17, 2011, by

Here's something similar to what we've been advising our clients for years: Lawsuit Loans Add New Risk for the Injured. Basically, the loan is going to be a lot more expensive than what you expect it will be.

The article gives several examples:


  • A Vioxx client faced eviction, so he took out a lawsuit loan to pay his rent. He borrowed $9,150. By the time his case settled (18 months later), the loan payout was up to $23,588.

  • A car accident injury client borrowed $10,500. Two years later his payout to the loan company was $35,939.


The plaintiff lending companies are now lending more than $100 million a year in the unregulated industry. The companies manage to avoid loan regulations because they characterize the payments as investments, advances, financing and funding.

Friday Fun: Texting While Walking

January 14, 2011, by

And people drive while texting?

January 24 edit: YouTube took the video down. Here's the updated one:

I don't know what to say at my deposition

January 14, 2011, by

Simple! Just tell the truth. To be more specific, if you don't know the answer, say so. A lot of people feel the need to answer - even if they're not sure. That's where they get into problems.

If you don't understand what the defense attorney is asking, ask the attorney to clarify the question.

What is an aortic dissection?

January 13, 2011, by

It's exactly what it sounds like. It's a tear in the largest artery in the body. Common symptoms include sudden severe pain that feels like something is tearing, stabbing, or even just a sharp localized pain. Less common symptoms include congestive heart failure and ECG changes.

Problems with misdiagnosis, or failure to diagnose often occur because of the variety of symptoms. A proper diagnosis can be made by looking at a chest x-ray, CT scan, or MRI.

Recently, Richard Holbrooke suffered an aortic dissection:

Commonly Misdiagnosed Diseases

January 12, 2011, by

CNN Health cites Five Commonly Misdiagnosed Diseases:


  1. Aortic Dissection - it sometimes feels like heartburn

  2. Cancer - breast and colon are the most common misdiagnosed. The study attributed doctors failing to follow proper guidelines

  3. Clogged Arteries - confused with patients being out of shape

  4. Heart Attack - sometimes the symptoms are limited to sense of fullness in the chest, nausea and not feeling well

  5. Infection


The article suggests asking for more tests to prevent "yourself from becoming a victim of misdiagnosis." I would also suggest going to get a second opinion from another doctor.

Attorney Link of the Day: Jim Calloway's Law Practice Tips Blog

January 12, 2011, by

Today's link is Jim Calloway's Law Practice Tips Blog. Jim Calloway is the Director of the Oklahoma Bar Association's Management Assistance Program. His blog has a ton of product reviews and good information for running a law practice. Jim has an excellent reputation nationally as a "go to" law firm management guy. Surprisingly, a lot of Oklahoma attorneys have never been to his site.

Best way to screw up your personal injury case

January 11, 2011, by

There's obviously important stuff in your case about going to the doctor, but what's the best way for you to screw up your case?

Lie.

This completely destroys your credibility. Be completely honest with your doctors and your attorney.

Average Insurance Rate in Oklahoma

January 10, 2011, by

Automobile.com has an article on States with the Lowest Car Insurance Rates in 2010. They also mention in the article the ten most expensive states. Oklahoma clocks in as the 3rd most expensive state at $1,869.39. I think it's safe to say that a large reason for this is that we drive everywhere.

How much can I expect to receive for my personal injury claim?

January 7, 2011, by

If you've been hurt, and the other party is found responsible, you are entitled to financial compensation. This entails your medical bills, lost income, and any pain and suffering the accident caused you. The dollar value of cases varies tremendously. Some cases will be barely over what the medical bills and lost income total, while others will be fives times that.

"In a car accident case, when is an insurance company required to disclose policy limits?"

January 6, 2011, by

Some insurance companies will disclose the policy limits before a lawsuit is filed, but they are not actually required to. They are, however, discoverable once a lawsuit is filed.

Attorney Link of the Day: Personal Injury, Social Security Disability - P.I.S.S.D.

January 5, 2011, by

Bob Kraft first started posting to his P.I.S.S.D. (Personal Injury, Social Security Disability) Blog back on April 25, 2005! Not only that, but he updates it nearly every day. Even more impressive: His firm celebrated their 30th anniversary last year.

I get a kick out of Bob's Friday Fun posts (even though they're generally not law related). Bob's main field is personal injury law, but his firm also handles social security disability, immigration, and bankruptcy law. Their office is in Dallas, Texas.

Here's Bob's description of his blog:

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent almost 40 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

Darvon, Darvocet - Quick Summary

January 4, 2011, by

The FDA announced in November 2010 that the Darvon, Darvocet, and their generic medication wree being withdrawn from the U.S. market. The painkillers were linked to serious heart risks that could result in sudden death.

The FDA received reports of the problems as early as 1978. Consumer groups began calling for the ban of the drug in 2006. The drugs were withdrawn in Europe in June 2009, but stayed on the market here. Finally the FDA removed the drug this past November.

Fee for causing a car accident?

January 4, 2011, by

There's a new city proposal in Tulsa that would bill the at fault driver a flat fee. The $200 fee goes to help pay for the Tulsa Fire Department.

Stop Texting and Driving

January 3, 2011, by

According to Car and Driver, Texting is more dangerous than driving drunk. The magazine tested two drivers' reaction times at both 35 and 50 mph to get a baseline. They then had the drivers read a text message (Caddyshack quotes!) while driving. The drivers then drank screwdrivers until their b.a.c. was .08%. At the highway speeds, the delay in stopping caused the car to trave an average of 70 feet farther.