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    Tuesday
    Feb122013

    colorado judge dismisses case against hospital; forgets to disclose that his brother is an executive there

    What’s that?  I think it’s the appearance of impropriety:

    "I understand (the plaintiff's attorneys) would be stunned and upset," Munch said. "I have made disclosures in cases. I certainly should have disclosed it."

    Rebecca Aviel, a legal ethics professor at the University of Denver, said it's clear Munch had a responsibility to inform attorneys in the case who likely would have asked him to move the trial to another judge.

    "Judges are required to conduct themselves in a way that avoids impropriety or the appearance of impropriety.  That's critical because one of the things that's so crucial for our democracy to function, is that people trust the judiciary," she said. "If he doesn't disqualify (himself) I think we have a really clear violation of the code of judicial conduct."

    Source: 7NEWS - Judge in Jefferson County ruled on cases against hospital where brother was top executive - Call7 Investigators Story

    Tuesday
    Feb122013

    austin personal injury lawyers open downtown office

    The Texas personal injury law firm of Ketterman Rowland & Westlund have recently opened an office blocks away from downtown Austin.  The office is located at 2520 IH 35, Suite 202, Austin, Texas 78704.

    Austin Personal Injury Attorney

    The Austin personal injury attorneys at Ketterman Rowland & Westlund will handle the same types of cases the law firm handles out of its San Antonio office: car accidents, medical malpractice lawsuits, motorcycle accidents, and other personal injury cases.  The firm only represents plaintiffs in personal injury lawsuits.  It does not represent insurance companies or corporations.

    The Austin office of Ketterman Rowland & Westlund is conveniently located on Interstate 35 close to the Oltorf exit in downtown Austin.  Free consultations are available in the Austin office during normal business hours.  Home or other visits can be scheduled any time and anywhere in the greater Austin area, including Round Rock, Pflugerville, Cedar Park, and other suburbs.  Anyone interested in speaking to an Austin injury lawyer may contact the firm directly at 855-579-5299.

    Tuesday
    Feb122013

    prozac use during pregnancy linked to heart defects in babies

    Prozac lawyer Justinian Lane reports that Prozac and other antidepressants dramatically increase the risk of heart defects if used during pregnancy:

    Further analyses revealed that Paxil® and Prozac® raised the risk for congenital (from birth) heart disease to 4.3% and 3.0%, respectively, while the rate in the general population for being born with a congenital heart defect is about half that, at 1.60%.[4]

    Source: Paxil, Prozac, and Elevated Risk for Heart Defects

    Lane revealed this information in a blog post summarizing three different studies regarding the effect of SSRI use during pregnancy.  “As many as one in five women suffer some sort of depression during pregnancy.  But far fewer than one in five know that using SSRI’s during pregnancy increases the chances of giving birth to a child with a heart defect,” said Lane.

    Lane is one of the few personal injury lawyers that handle SSRI birth defect cases.  “These aren’t like a typical car accident case.  Successfully resolving a Prozac birth defect lawsuit takes a team of skilled lawyers with ample resources,” explained Lane.  His firm has offices in San Antonio and Austin, and has a team of eight lawyers who represent injured consumers.

    Legal Reader has been hearing rumors that the first Prozac heart defect lawsuit was filed two or three weeks ago.  We are currently chasing down those rumors and will provide commentary when we confirm them.

    Thursday
    Feb072013

    Asbestos, tobacco, and now tanning salons?

    The first thing any industry faced with negative scientific evidence does is form a trade group.  And the first thing that trade group does is gin up “scientific” evidence that claims the industry is being falsely maligned.  The asbestos industry did (and does) it, and of course so did the tobacco industry.  Now, it’s the suntanning industry:

    State Sen. Ted Lieu also charged that industry leaders formed the new group, the American Suntanning Association, to evade terms of a settlement with federal regulators who had charged another industry organization with making false claims.

    In a letter to the Federal Trade Commission released Wednesday, the Democratic lawmaker wrote, “Rather than accepting the overwhelming evidence that indoor tanning is a cause of skin cancer, the [American Suntanning Association] fabricates its own false ‘science’ in a blatant attempt to mislead customers.”

    Source: California Lawmaker Seeks Federal Probe of New Tanning Industry Group | FairWarning

    Wednesday
    Feb062013

    forbes story on medical malpractice buries the lede

    “Bury the lede” or “bury the lead” – it means the same thing: To put the crucial information at the end of a story.  And that’s just what Forbes did with a recent story on medical malpractice.

    The article checks all the right boxes that an article written by an M.D. about medical malpractice should: Defensive medicine, fear and uncertainty, unpredictability, etc.  The author unsurprisingly concludes that we need some sort of legal reform to “fix” the system.  But here is the buried lede:

    While less than 5 percent of all medical errors lead to a malpractice claim, lengthy claims prolong the legal process, and in some cases, delay what may be just and fair compensation.

    Source: Medical Malpractice: Broken Beyond Repair? - Forbes

    So only 5 out 100 medical errors result in a malpractice lawsuit?  Sounds like the real medical malpractice crisis is that it’s rampant and unchecked.

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