by Rachel Arnold | Aug 9, 2021 | Drugs & Prescriptions
Liability for COVID-related treatments or vaccines is complicated. There have long been extra liability protections for companies that make vaccines. The PREP Act declaration in 2020 signed by then Secretary of Health and Human Services Alex Azar extended special...
by Rachel Arnold | Jul 15, 2021 | Product Liability
Unless there are special circumstances, drug manufacturers are generally subject to the same liability as any other manufacturer. The main exceptions are in cases of emergencies and vaccines. For example, drug companies did get special liability protection for COVID...
by Rachel Arnold | Jun 7, 2021 | Product Liability
Recalling a product is often a last resort for companies that are facing mounting public attention for an increasingly troublesome safety issue. Peloton was able to voluntarily recall their Tread+ and Tread treadmill machines, which is better than having the U.S....
by Rachel Arnold | May 5, 2021 | Medical Malpractice
The act of recalling a product does not itself constitute an injury in most cases, but if you were injured by a medical product that was recalled you may have a legitimate defective device claim. Medical device lawsuits are often like a cross between medical...
by Rachel Arnold | Apr 7, 2021 | Medical Malpractice
One of modern medicine’s biggest success stories is childbirth safety. In the early 20th century, just over 100 years ago, six to nine women died due to pregnancy complications per 1,000 births. Approximately 10 percent of babies would die before their first birthday....
by Rachel Arnold | Mar 5, 2021 | Premises Liability
The premises liability statute of limitations in Texas is two years for most cases. There are a couple other time-related considerations to keep in mind when it comes to slip and fall cases. As with every personal injury claim, evidence is important. There aren’t...
by Mark Weycer | Feb 12, 2021 | 18-Wheeler Accidents
Around 6 a.m. Thursday, February 11th, more than 130 vehicles were involved in a catastrophic pile-up on I-35W near downtown Forth Worth resulting in dozens of injuries and at least six deaths. As crews continue to clean up the scene into the Friday commute,...
by Rachel Arnold | Feb 2, 2021 | Medical Malpractice
Yes, medical malpractice is often difficult to prove. Even in cases where negligence seems like the obvious reason for a patient’s injury or death, your medical malpractice lawyer will still need to invest significant time and resources into meeting all the...
by Rachel Arnold | Dec 29, 2020 | Medical Malpractice
Lawyers sometimes refer to the proof required to bring a successful medical malpractice claim as the “four Ds”: Duty, Deviation (or Dereliction) from Duty, Damages and Direct Cause. Duty of Care Doctors, nurses or other medical professionals who have entered a...
by Rachel Arnold | Dec 4, 2020 | Medical
We generally think of hospitals as places where people go to get better, not to get injured. While that’s usually the case, there is an unfortunately omnipresent risk of falls in inpatient settings and nursing facilities. Many patients in hospitals are there for...