Oklahoma Personal Injury Blog

LINKS FOR CONSUMER RIGHTS AND SAFETY

TLaizure@cox.net (Tony Laizure) — Sun, 22 Jul 2007 19:25:03 -0600

Worried about the safety of something you just bought? Want to know if a drug you are taking has been recalled? Want to check consumer ratings for a TV, car, appliance or other consumer good? There are many, many links which provide this information for you.

Here are some of them. Click on them and find out what you need to know to be safe.

U.S. Consumer Product Safety Commission-- http://www.cpsc.gov/ . This agency protects the public from risk of serious injury or death from consumer products. Find out about recalls of householdproducts, outdoor products and toys.

Food and Drug Administration -- http://www.fda.gov/ . Read about the latest recall of drugs which have been proven to be defective and dangerous to consumers. This agency also regulates food. Recently, many foods have been recalled for safety reasons. Keep up with the latest developments at this most important website.

Consumer Reports -- http://www.consumerreports.org/ . Product reviews and Ratings on cars, appliances, electronics and more from Consumer Reports. Before you buy a new car, appliance, stereo, TV, electronic device, visit this website and find out how the product has performed. Read reviews and comments from professionals and consumers. This is a VERY helpful website.

RipOff Report -- http://www.ripoffreport.com/ . This is an interesting website where you can read about complaints customers have filed against all types of companies, post your own complaint and find out what you can do when you are mistreated by a company from whom you have bougt something.

Oklahoma Fit Kids Coalition -- http://www.integrislifespan.com/home.html . More than 40 Oklahoma organizations have banded together to lead the fight against childhood obesity, one of the most serious health problems in our state. Click on this link to find out more about this crisis and what you can do to help protect our most valuable assets, our children, from the dangers of childhood obesity.

LET'S PROTECT OUR FUNDAMENTAL RIGHTS

TLaizure@cox.net (Tony Laizure) — Sun, 22 Jul 2007 18:56:23 -0600

The right to trial by jury has been protected by the Constitution of the United States of America for more than 200 years and by the Oklahoma Constitution for 100 years. Sadly, there is a segment of society who wishes to erode and, in some cases, eliminate your fundamental right to trial by jury. This movement is often referred to as "tort reform" or "lawsuit reform". It's sponsors are big business, the insurance industry, drug companies, the medical industry, the transportation industry (trucking companies, automobile makers etc), and any other group or conglomeration who does not feel as though they should be held accountable when their negligence injures or kills someone.

These groups have been working for decades, trying to convince Americans in general, and Oklahomans in particular, that unless we enact laws that erode or eliminate our right to trial by jury, many horrible things will happen, such as: doctors will quit delivering babies, doctors will flee Oklahoma and go to other states, Oklahoma will not be able to attract jobs or industry. Of course, they have been saying this for 30 years and nothing like that has happened. We have more doctors than ever, doctors are not leaving the state, our economy is booming and Oklahoma is attracting high quality jobs like the Google plant that is being built in Pryor.

So then, what is the true reason behind all of the rhetoric? Simple. These powerful interests simply want immunity from being sued when they injure or kill someone. They feel insulted when a jury of citizens hold them accountable for their wrongdoing and order them to pay their victims substantial compensation. This attitude goes against the fundamental notion of "personal responsibility" and "corporate accountability".

Recent polls suggest the public is not buying into this corporate propaganda. Voters are deeply worried about their nation's future, and concern about corporate misconduct is a major source of their anxiety. Many people see corporate irresponsibility as a big problem in the country. Voters will support candidates who defend the civil justice system over candidates who advocate "tort reform". These feelings cut across party lines. For more information about the poll, click on this link http://www.atla.org/pressroom/PressReleases/2007/july12.aspx

Settling Your Case -- Usually A Good Thing

TLaizure@cox.net (Tony Laizure) — Sat, 21 Jul 2007 17:28:36 -0600

Most cases settle without having to be tried. And that is a good thing. Litigation is expensive, it is time consuming and it is very stressful. If your case can be resolved without the stress of going to trial, then by all means consider settlement.

Cases like trucking accident cases, medical malpractice cases, insurance bad faith cases, can take two to three years to get to trial and can cost as much as $50,000 - $100,000 or more in litigation expenses. If the trucking company, doctor or insurance company believes your case is weak, they will not offer much to settle and can force you to trial. On the other hand, if you have a strong case, and a reputable attorney who is respected by the other side, the chances of your case settling are better.

I have tried cases against trucking companies, doctors, hospitals, insurance companies, automobile manufacturers and other similar defendants. As a result, these defendants know that I have the skill, the resources, the talent and the will to take them to trial if necessary. I have also settled cases against these very same type of defendants. Once the defendant knows your lawyer can or will take them to trial, they become more interested in settling the case.

Listed below are some examples of cases I have settled over the years. Just like with jury verdicts, each case is different. No two cases are exactly alike. Even if the cases sound the same, they are not. So the results listed below are not meant to imply that any other case would settle for some similar amount.

Drug and Pharmaceutical Settlements

In excess of $3.0 million from the manufacturers of the supplement L-Trytophan.

Trucking Accident Settlements

$3.5 million - in this case, a truck pulled onto a highway from a private drive and was struck by a car. The passenger in the car was paralyzed as a result.

$1.25 million - A truck driver had been delivering hogs all day and into the night. In the middle of the night, on a dark country road, he had made a delivery. He was trying to get out onto the two lane highway and got stuck. His truck blocked the whole road. It was so dark you couldn't see it. Our client slammed into the truck and had serious head, neck and back injuries.

$500,000.00 - A truck pulled out from a stop sign near the Big Cabin exit off I-44. Our clients had the right of way and could not see the truck in time to stop. The clients suffered head, neck and back injuries.

Automobile Accident Settlements

$800,000.00 - Domino's Pizza. Remember when Domino's had their "30 minutes or it's free" policy. This caused a lot of wrecks and a lot of problems for Domino's. They were sued all over the country over this policy. Their drivers were in such a hurry to get the pizza delivered that they drove recklessly and carelessly and caused a lot of accidents. In this case, the delivery driver was speeding at night in the rain, lost control of his vehicle and slammed into a young lady's car. She suffered head, neck and back injuries.

$650,000.00 - Domino's Pizza delivery driver is following too close and rear ends the client. He has multiple back surgeries and is disabled for life.

Medical Malpractice

$1,080,000.00 - Compartment syndrome - Compartment syndrome is a medical emergency. It happens most often when someone fractures one of their arms or legs. After the fracture, there can be swelling in the compartment of the arm or leg. The tissue swells up and chokes off the supply of blood and oxygen to the arm. If not treated quickly, part of the arm or leg can die and have to be amputated. In this case, the patient, a teenage girl, was injured in a go cart accident. The orthopedic surgeon and the nurses at the hospital did not monitor her closely. She developed compartment syndrome and had to have her leg amputated below the knee.

$910,000.00 - Compartment syndrome - another case involving a teenager who was injured in a motor vehicle accident. He broke his leg. The doctors and nurses did not monitor him closely and he developed compartment syndrome. His leg was amputated below the knee.

$500,000.00 - Failure to diagnose subarachnoid hemorrhage. In this case, the patient presented to the emergency room with complaints of sudden headache, nausea and vomiting. The doctor did an exam and sent the patient home. A short time later, he had a full blown bleed and was rushed to the hospital but it was too late. He died a few days later.

In excess of $2 million total settlements were reached with two doctors who performed plastic surgery on women. They did breast augmentations, face lifts, tummy tucks and other surgery. Each doctor had some very serious problems. One of the surgeons had substance abuse problems,and the other was not even a real plastic surgeon. I handled more than 20 cases against the one doctor and about six against the other. Their insurance companies settled because they could not defend these doctors in court. One doctor had his license revoked and the other gave up her license because we had filed complaints against her with the medical licensure board and she was under investigation at the time she surrendered her license.

Jury Trials - - Is Your Lawyer Really A Trial Lawyer

TLaizure@cox.net (Tony Laizure) — Sat, 21 Jul 2007 17:16:15 -0600

A lot of attorneys say they are "trial lawyers" or "trial attorneys". Truth is, most cases settle without ever going to trial. And that is a good thing. Taking a case to a jury is a huge gamble. It is very expensive to take a serious case to jury trial. And, it takes a lot of time. It is usually better to settle your case if at all possible.

But some cases just can't settle, and there are many reasons. Sometimes the defendant won't offer enough. Sometimes the Plaintiff wants too much. Sometimes there are legal issues that need to be settled and they can only be settled by a trial.

If your case has to go to trial, make sure your attorney has the experience necessary to try your case. Don't be afraid to ask your attorney how many cases he/she has tried and what type of cases they have tried. For instance, you might not want a lawyer who has never tried a civil case to try a trucking accident case, a products liability case or a medical malpractice case. You might want to ask the lawyer to associate with another attorney or firm that has the experience needed to take on a very serious case. We do that all the time.

Listed in this category are some examples of trials in which I have participated and won. There are many trials in which I have participated and lost. Good lawyers try cases. They win some. They lose some. Any lawyer who says they have never lost a case has not tried very many.

Over the years, I have tried many, many cases to a jury. Like all lawyers, I have won some and lost some. Listed below are some of the more significant jury verdicts I have obtained for my clients. Remember, every case is different, and the results below were based on the facts of each case. No lawyer can guarantee any result for any case.

$1.5 million - Products Liability - defective ladder. The extension ladder being used by the client had a defect which created what is called a "false lock", which means the extension part of the ladder looks and sounds like it is locked when it isn't. In this case, the ladder appeared to be locked and it wasn't. The client was on the ladder and was more than 10' off the ground. The ladder collapsed and he fell, breaking both arms and suffering many other injuries. The case was tried in federal court in Muskogee.

$1.3 million - Wrongful Death - Medical Negligence - a man in his 40's went to the local emergency room in the small town where he lived. He had complaints of chest pain and shortness of breath. An x-ray was taken and it showed he had pneumonia, but they never told him. Instead, they sent him home. A few days later he died from complications related to the pneumonia.

$1.22 million - Breach of contract - a local small business owner had a contract with an out of state company to make "firestop" products. These products are used in high rise buildings, military vessels and other places to stop the spread of fire from one room or compartment to another. Unknown to my client, the out of state company changed the formula from which the product was made. This caused the products to be defective and unfit for use. We sued the company in Creek County District Court. The jury awarded damages. The judge ordered the Defendant to pay an additional $150,000.00 in legal fees. The Defendant appealed. We won the appeal and by the time the Defendant paid the judgment, it had grown to more than $1.7 million with interest. You can read more about the case at the following link http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=441595

$950,000 - Products Liability - Defective Blanket. This case was also tried in federal court in Muskogee. It involved a Sunbeam electric blanket. Sunbeam's blankets were at one time very dangerous. They were designed in such a way to allow the blanket to short circuit and catch fire. In this case, an elderly woman's blanket caught fire in the middle of the night. She tried to get up and get away from the blanket, but got tangled up in it and she died from the fire. The jury not only awarded actual damages but also "punitive damages" against Sunbeam in the amount of $500,000.00. Sunbeam appealed the case but settled it while the appeal was pending.

$750,000.00 - Products Liability - Defective seat belt. In this case, the client was driving a Buick LeSabre. Another driver crossed the center line and hit him almost head on. His seat belt did not perform and he hit his head on the windshield. His face and eyes were severely fractured. We proved at trial that General Motors made seat belts that would not work if too much slack got in them and that it was too easy for slack to get in the seat belt. We showed the jury that the seat belts GM made for its cars they sold in Europe did not allow slack to get in the belt, and if they had just used the same seat belt system, our client would not have been so severely injured. The jury found in our favor. GM appealed and lost. By the time they paid the judgment, it had grown to more than $925,000.00.

$500,000.00 - Premises Liability - An elderly woman and her husband were going to shop at a Sutherland's store here in Tulsa. As she went through the automatic door, it closed on her, knocked her down and broke her hip. She was taken to the hospital and the doctor did surgery on her hip. She was never quite the same after that, and she died a little more than 2 years later. Her husband sued Sutherland's, the company that made the automatic door and the company that was supposed to maintain the door. All the Defendants except Sutherland's settled before trial. The jury found Sutherland's responsible and awarded damages. Sutherland's settled after trial. This case was tried in Tulsa County.

$500,000.00 - Medical Negligence - Failure to diagnose a subarachnoid hemorrhage (or a bleed in the brain). This case was also tried in federal court in Muskogee. The client went to an emergency room with a very severe headache. He had other symptoms (nause and vomiting) that should have been recognized by the doctors as a possible bleed in the brain. They did not make the diagnosis and he died a few days later. His wife sued the emergency room doctors. The jury found in favor of one of the doctors but held the other one accountable.

Truck Blocks Highway at Dusk--Collision--Serious Injuries

TLaizure@cox.net (Tony Laizure) — Sun, 08 Oct 2006 20:11:39 -0600

A truck driver was approaching the toll gate on the Indian Nations Turnpike, south of McAlester. For some reason, he decided he had to turn around and go back the other way. Unfortunately, he made his U-Turn right in front of a "NO U-TURN" sign. He got stuck and was blocking the road. It was not yet daylight, and a car with four passengers collided with the truck, as it was impossible to see the truck's lights.

The driver and passengers of the car were seriously injured. The driver had to have neck surgery which resulted in serious and permanent disability. He hired us and we were able to obtain important photographs and witness statements that were critical to the case. We also helped the client obtain the necessary medical treatment he needed while waiting for his case to settle.

Had he tried to do this on his own, the insurance company would have most certainly tried to "starve him out" or would have offered a "lowball" settlement. They would have never turned over the photos and statements that helped us get the case settled.

Accidents involving trucks, semis and other big rigs almost always result in serious injury or death. The trucking company and it's insurance company almost always send an "investigator" out to the scene and try to contact the injured party so they can take a statement from them while they are hurt and scared. These people simply cannot be trusted as they are only looking out for the interests of the trucking company and its insurance company.

Always consult with an attorney before giving a "statement" to anyone other than a law enforcement officer whenever you have been in an accident. Find out your rights before you talk to an insurance investigator or adjuster. Remember, their goal is to pay you as little as possible.

Amusement Park Ride Not So Amusing--Guard Rail Collapses--Fall Results in Serious Injury

TLaizure@cox.net (Tony Laizure) — Sun, 08 Oct 2006 20:01:31 -0600

A mother and her 11 year old son wanted to ride one of the "Himalay" style rides at the Tulsa State Fair. They went up the stairs and stood on the platform to look at the ride. While they were waiting, the guard rail collapsed, causing the mother to fall approximately 8 feet to the pavement below. She fractured her heel in several places, which required multiple surgeries. The doctors had to insert several screws and pins to try to hold her heel together.

She worked as a nurse in the newborn baby ward. Her job required her to be on her feet all the time. Since she could hardly stand to put any weight on her foot, the hospital terminated her.

She sued the operator of the amusement ride. As it turned out, the ride inspectors for the Department of Labor conducted an inspection of the ride shortly after the accident. The ride operator was found to be negligent for not properly installing and monitoring the guard rail. The photographs and report of the Department of Labor were crucial pieces of evidence in the case.

This case points out why it is necessary to obtain legal counsel in cases involving serious injury on someone else's property. The lawyer was able to contact the Department of Labor and found the photographs and report. The amusement ride operator literally had no defense in the case, and had to settle.

Hospital Negligence--Failure to Monitor Patient--Wrongful Death--Settlement

TLaizure@cox.net (Tony Laizure) — Sun, 08 Oct 2006 19:54:15 -0600

This case is a classical example of "failure to monitor" a patient .

In this case, the patient presented to the emergency department around 3:30 in the afternoon on Christmas Eve 2004. According to the ER record, she complained of the sudden onset of chest pain (left side), with radiation to the abdomen, back, left shoulder and arm. She was properly evaluated by the emergency department, and it was determined she had pneumonia, so she was admitted to the hospital.

A pulmonary consult was obtained, which means they called in lung doctor, and the diagnosis of pneumonia was confirmed. Pneumonia is basically fluid on the lungs. Medication was prescribed and the patient was placed on a heart monitor.

In the early morning hours of January 1, 2005, the hospital’s central monitoring unit, which monitors patients all throughout the hospital, called the floor on which the patient was staying and advised the floor nurse that the patient’s monitor had somehow been disconnected. For some reason, no one from the hospital went to check on the patient for approximately 20 minutes. When a nurse finally made her way into the patient’s room, she was found to be asystolic and a code was performed. She was resuscitated but it was too late. She suffered a fatal anoxic brain injury. That means her brain was not getting any oxygen. She “lived” for two more days and died on January 3, 2005.

The family retained us and we hired two experts to evaluate the case. Not surprisingly, the nursing expert found there to have been several negligent acts and failures on the part of the nursing staff. Obviously, the most significant was the failure of the nurses on the floor to respond to the call from the central monitoring unit, and the failure of the central monitoring unit to follow up with the nurses on the floor.

A board certified pulmonary physician reviewed the records concluded that the patient would have in all likelihood left the hospital in good condition but for the negligence of the hospital staff. There was no indication of physician error in this case.

Prior to filing a lawsuit, the hospital was contacted and agreed to participate in mediation. The case was settled without a lawsuit being filed. At the request of the hospital, the amount of the settlement remains confidential.

Settlement Reached in Wrongful Death Case

TLaizure@cox.net (Tony Laizure) — Sun, 08 Oct 2006 19:44:13 -0600

Tony Laizure recently settled a wrongful death medical negligence case against a Pawnee County physician and hospital.

The case involved the failure of the emergency room physician and nurses to recognize that the patient may have been suffering from a bleed in the brain, a medical condition known as a subarachnoid hemorrhage. Despite the fact the patient presented with all of the classical signs of a subarachnoid hemorrhage, the emergency room physician felt as though the patient was suffering from a reaction to a prescription medication. The patient was sent home, where 2 hours later he experienced a major bleed, and died shortly thereafter.

The patient was survived by his wife and three sons, who filed a lawsuit against the physician and hospital in Pawnee County District Court. The case was set for trial in November 2006, but settled. The terms of the settlement are confidential.

A subarachnoid hemorrhage is a medical emergency that requires immediate medical attention. Usually, the patient complains of one of the worst, if not the worst, headache the patient has ever experienced. Sometimes, the headache is accompanied by other symptoms such as nausea and vomiting, sensitivity to light, dizziness or seizure-like symptoms, although it is not necessary for these symptoms to be present.

If you or a loved one ever experiences these symptoms, you should proceed immediately to the emergency room. Be sure to tell the doctor you are having the worst headache ever, or that this headache is much worse than previous headaches. Once the doctor suspects a subarachnoid hemorrhage, the treatment of choice is a CT scan. This will help the doctor to see if there is indeed a bleed in the brain. The other treatment is a spinal tap or lumbar puncture, done to see if there is any blood in the spinal canal.

If you have any questions about this most important medical condition, call your physician. If you have any legal questions about this or other medical issues, call our toll free number at 1-800-798-2613 and ask for Tony Laizure.

Cookie's Corner

TLaizure@cox.net (Tony Laizure) — Sun, 08 Oct 2006 17:35:48 -0600

Welcome to Cookie's Corner. Here you will be able to learn about the Laizure Family Dog, Cookie. She is 5 years old. Cookie is a Goldendoodle. Yes, that's right, a Goldendoodle. She is half Golden Retriever and half Standard Poodle. She weighs about 65 pounds. I call her the "Will Rogers of Dogs" because she never met another life form she didn't like. She LOVES kids and she is just the world's friendliest dog.

We looked long and hard for a dog that would not shed, would be healthy, friendly to young children and had a good personality. After many hours of research, we stumbled across the Goldendoodle website, www.goldendoodles.com where we found a lot of information about the breed, learned about reputable breeders and in the end, found Cookie. It was hard work but it paid off. I highly recommend this website and if you are looking for a great dog, I highly recommend a Goldendoodle.

We bought Cookie from a very nice lady near Washington, D.C. She shipped Cookie to us and we met her at the airport and brought her home. She was only 8 weeks old. She weighed about 10 pounds. That was five years ago. My, how the time has flown by.

As I type this, Cookie is sitting close by looking out at Swan Lake, watching the ducks and the people go by. She is such a great dog.

Cookie enjoys her walk around Swan Lake every morning. She likes to watch the ducks, the people, the swan who is waitng for a new mate.

Premises Liability / Slip and Fall

TLaizure@cox.net (Tony Laizure) — Fri, 06 Oct 2006 14:44:09 -0600

What is a "premises liability" case, and how is it different from a "slip and fall"? The answer is that a slip and fall case is one kind of a premises liability case. Premises liability cases are those kind of cases where someone suffers an injury on the "premises" of another, due to the negligence of the person/company that owns or operates the premises. The premises could be a home, residence, rental property hotel, motel, business, retail store, restaurant, grocery store, home improvement store, amusement park, state fair, government building.

Those who own/lease property have a responsibility to make it safe for their guests, visitors and customers. That means keeping the property safe from any known dangers or other conditions that can cause injury to people. Perhaps the most common injury on a premises is a "slip and fall" where the guest or customer slips on a substance spilled on the floor and falls, sustaining an injury.

Is a property or store owner liable simply because someone falls and injures themselves at their home or store? The answer is no. Before they can be held liable, it must be shown that the property or store owner knew or should have known of the dangerous condition. For instance, if a person slips in some water at a fast food restaurant, that does not mean the restaurant is liable. It is possible that another customer spilled something on the floor just a few moments before the person slipped in it, or it is possible that whatever it was on the floor could not have been seen by store employees.

It is very common for places like restaurants, retail stores, home improvement stores etc to have video cameras that will show exactly what happened. So if your or anyone you know falls or are hurt in a business of any kind, you need to ask them to produce or preserve the video tapes for that day. You need to make this request in writing. It is also very common for the store owners to fill out an accident report, and you need to ask for a copy of that also.

Some property owners and homeowners have what is called "no fault" medical insurance, which will pay some of your medical bills even if they were not at fault. So if you are injured on someone else's property, you need to ask about no fault insurance (sometimes called medical payments or medpay), you need to get a copy of the accident report and you need to make sure they don't get rid of their video tapes or surveillance photos.

There are other types of premises liability cases. I have represented people who have been injured by faulty amusement park rides, dangerous bleachers, faulty automatic doors, the list goes on and on.

If you have any questions about your rights when injured on someone else's property, call me. As always, there is no charge to talk to me and you will be under no obligation to hire me. If I take your case, it will be done on a contingent fee, meaning I don't get paid unless I get a recovery for you.

Workers' Compensation

TLaizure@cox.net (Tony Laizure) — Thu, 05 Oct 2006 14:43:17 -0600

Workers who are injured on the job have very important and valuable rights. If a person is injured on the job, their employer and/or workers' compensation insurance carrier must provide prompt and adequate medical attention and treatment. They must pay for all reasonable and necessary treatment, surgery, rehabilitation, medication and therapy. If an injured worker has to travel out of town to get medical treatment, mileage reimbursement must be made.

If an injured worker is unable to return to the same type of work after he has been released by the doctor, then the employer and insurance company must make arrangements for vocational rehabilitation and training.

In addition, if an injured worker is unable to work because he is under the care of a doctor, that worker is entitled to draw "temporary total disability"(TTD) payments in an amount equal to 70% of the average weekly wage of the employee, up to a maximum of $528.00 per week. Once the worker has been released to return to work, even if it is light duty, the obligation to pay TTD comes to an end.

In 2005, the Oklahoma legislature passed so-called Workers' Compensation "reform". The rights of the injured worker have been changed dramatically. In order for an injured worker to receive the maximum benefits to which he/she is entitled, it is important to know what those rights are. If you are injured on the job, call me and we can talk about your case. I never charge anyone to talk to them on the phone, and you are not under any obligation to hire me. If I do take your case, I will take it on a contingent fee. The law allows a lawyer representing the injured worker to charge as much as 20% of the final disability award. If there is no recovery, there is no fee.

The statute of limitations for a workers' compensation claim is two years from the date of injury. However, an employee who is injured on the job is required to notify the employer within thirty days or seek treatment for the injury within thirty days. Failure to give notice or seek treatment may result in the claim being denied.

Special rules apply when an injured workers makes a claim for "cumulative trauma" injuries, that is, injuries to the hearing, heart, lungs etc. that occur over a period of time. It is important to know what these rules are so that valuable rights will not be lost.

Drug and Pharmaceutical

TLaizure@cox.net (Tony Laizure) — Thu, 05 Oct 2006 14:40:10 -0600

Drug companies are supposed to make sure that their drugs, medications and medical devices are reasonably safe when used as intended. Too often, a srug company will put profits over safety and create an unreasonably dangerous product by failing to properly research a drug's possible risks before placing it in the stream of commerce. In some cases, the drug companies will even hide bad information on the drug from the Food and Drug Administration (FDA). In such instances, without being warned in advance of the drug, human beings serve as unwitting guinea pigs. A drug's approval by the is not a guarantee of its safety and will not shield a drug manufacturer from liability.

Each year, thousands of Americans are injured or killed as the result of taking dangerous prescription drugs. Many of these drugs are later pulled off the market by the FDA but not until it is too late for many people. If you suspect that a drug that you or a loved one has taken has caused injury, illness or death, see if the drug has been recalled. Talk to the doctor or pharmacist that prescribed the medication. The FDA has a website devoted to providing information on drug recalls, market withdrawals and safety alerts.
http://www.fda.gov/opacom/7alerts.html

Your next stop is to contact a lawyer that handles these types of cases. We have worked on many cases involving drugs that have been recalled or found to be harmful and defective. Sometimes we network and associate with lawyers from other states, so we can combine resources to take on the powerful drug companies. Selecting the right lawyer with experience in drug cases is most important.

Products Liability

TLaizure@cox.net (Tony Laizure) — Wed, 04 Oct 2006 14:42:02 -0600

Product liability law is designed to protect consumers from dangerous and defective products. Product liability covers all types and kinds of products, including automobiles, trucks, household products, prescription drugs, toys, manufacturing equipment and machinery. The list is endless.

Consumers who have brought successful product liability suits have helped make the world a safer place to live. Dangerous automobiles like the Corvair and the CJ Model Jeeps were unstable and would roll over too easily. After several lawsuits were brought on behalf of those seriously injured or killed, these products were either discontinued or made safer.

Similar results have been achieved in cases involving asbestos, flammable fabrics, unguarded machinery, farm equipment, tractors with no rollover protection, prescription drugs, dietary supplements, toys with too many parts for young children to swallow, car seats for babies, and the list goes on and on.

A product may be defective in the way in which it is designed or manufactured. A product may also be defective if it does not contain adequate warnings about the dangers involved in the use of the product, or if it does not have proper instructions concerning the assembly, installation or use of the product.

After decades of losing and settling cases involving defective and dangerous products, corporations are slowly realizing that it is in their best interest to make a safe product as opposed to a cheap one.

The statute of limitations for a product liability claim is generally two years from the date of injury or death.

Wrongful Death

TLaizure@cox.net (Tony Laizure) — Wed, 04 Oct 2006 14:39:02 -0600

The loss of a loved one due to the fault or negligence of another brings many unfortunate consequences on the survivors. Losing a child or parent as a result of someone else's carelessness is devastating. And while it is true that you cannot put a price on the life of a loved one, in some circumstances it is appropriate for the wife, husband, parents or children to seek damages for the wrongful death of a loved one.

Oklahoma has what is called a "Wrongful Death Statute", a specific law that allows family members to recover certain damages against those responsible for the death of another. The law provides that when the death of one is caused by the wrongful or negligent act of another, the surviving family members may file a lawsuit to recover certain damages. The statute specifies what damages may be recovered and they are funeral and burial expenses; expenses of last illness; grief and loss of companionship of the surviving husband/wife; grief and loss of companionship of the parents and children, and what the law refers to as "pecuniary loss", which means loss of financial support to a spouse, children or in some cases, parents.

Wrongful death cases can be brought as a result of a death from any number of cases, such as motor vehicle/trucking accident, defective drugs or medication, defective automobile or tractor, faulty equipment or tools, or from the neglect of a doctor, hospital or nursing home. It is very important to preserve evidence in a wrongful death case, whether it be a part from a tool, an automobile, medical records, pill bottles or other evidence. Obtaining the services of legal counsel to assist in the collection and preservation of evidence is an important step in protecting the rights of those who may have a wrongful death case.

Often, insurance companies will approach the family of a deceased and try to get them to sign a release while they are still grieving over the loss of a loved one. Sometimes the money paid is completely inadequate to compensate for the loss, but the insurance company will take advantage of the situation and get the family to settle for pennies on the dollar. In such cases, the family should refuse to sign any papers and consult with their lawyer.

The statute of limitations for wrongful death cases is two years from the date of death.

Nursing Home Negligence

TLaizure@cox.net (Tony Laizure) — Wed, 04 Oct 2006 14:35:40 -0600

When we place a loved one or relative in a nursing home, we have the right to expect that they will receive compassionate and excellent care. Nursing home residents have the right to live in dignity, free from abuse and neglect. A nursing home should be a clean, safe and healthy place for our loved ones.

Unfortunately, some nursing homes sometimes fail to properly care for their residents. And in some cases, there is outright abuse and neglect. Some of the more common signs of abuse and negligence are development of bed sores or pressure ulcers, medication errors, misuse of restraints, physical neglect, sexual or physical abuse, malnutrition/dehydration, failure to prevent wandering and burn injuries.

If you suspect that a nursing home patient has been abused or neglected in any manner, you should call the Oklahoma Department of Human Services to report it. You can contact them on the web at http://www.okdhs.org/. Scroll down the page, then click on the Adults link, and on the page that comes up, click on the Adult Protective Services link. Or you can call the toll free Statewide Abuse Hotline at 1-800-522-3511.

Then, if appropriate, contact me and I will let you know what legal steps you may need to take to protect the rights of your loved ones.

The statute of limitations for claims against nursing homes is generally two years from the date of injury or death. If the injury is not discovered until sometime after it occurs, it is possible that the statute of limitations would be two years from the date the injury is discovered. However, that rule depends on the individual facts of the case and it is always better to file the case within two years from the date of the actual injury, if possible.

Medical Malpractice

TLaizure@cox.net (Tony Laizure) — Tue, 03 Oct 2006 14:32:02 -0600

Despite recent advances in medicine, all too many people are either killed or seriously injured from mistakes made by doctors, nurses, hospitals and other health care providers. A patient is entitled to the best medical care available, but frequently does not get it. When that happens, it is appropriate to review the medical records and other information to see if there was negligence involved in the medical care provided, and if so, it is then proper to seek the advice of an experienced medical malpractice lawyer.

A doctor is required to exercise ordinary care, skill and diligence when treating his patient. The same standard of care that is applied to doctors in New York, California, Florida or Texas, applies to doctors in Oklahoma. In other words, just because we live in a small state does not mean that we are not entitled to the same quality of medical care as people in the "big city".

Medical malpractice can occur in several different ways, including a failure to diagnose an injury, illness or condition; incorrectly performed surgery; damage to a baby or mother during delivery; failure to perform the right test or refer to a specialist; leaving a surgical instrument or other object in a patient; patient burns; medical device and/or equipment failure or malfunction and failure to monitor a patient.

This can occur in the hospital or at the doctor's office. As a general rule, hospitals are not liable for the negligence of the doctor even if it occurs during surgery or in the hospital. There are some exceptions to the rule. Determining who to sue in a medical malpractice case requires a careful review of the medical records.

Generally speaking, a patient has two years from the date of injury or death to file a medical malpractice claim. However, if a government or public owned hospital is involved, the law requires notice to be given within one year from the date of injury or death. If it is a hospital or facility owned or operated by an Indian Tribe, the VA or other federal agency, you must file a written claim against the federal government within two years from the date of injury or death. There is a specific form you must complete and it must be sent to the right government agency. Often it is difficult for the patient to know if a particular hospital is public or private. Therefore, it is important to seek the advice of a medical malpractice lawyer so that the patient's rights can be protected. In addition, a doctor working at a federal government facility may be an independent contractor, and not a government employee, and may have to be sued individually.

Malpractice cases are among the toughest to win. They are also among the most expensive to handle. The lawyer you hire must have a lot of experience in handling malpractice cases. Ask the lawyer you are talking to about his/her experience, the types of cases he/she has handled, how many malpractice cases they have handled and if the lawyer has ever taken a malpractice case to jury trial.

The insurance companies for the doctors and hospitals know who is competent to handle these cases and who isn't. Make sure you pick the right lawyer. If necessary, ask for references.

I have handled many of these cases and have taken several to jury trial. I have won my share and lost some as well. I have settled many cases against doctors and hospitals throughout the state.

Insurance Bad Faith

TLaizure@cox.net (Tony Laizure) — Mon, 02 Oct 2006 14:30:45 -0600

Insurance has become a part of our everyday life. We need insurance for our homes, businesses, automobiles, health, even our lives and the lives of our loved ones. Oklahoma law requires us to have at least $25,000.00 in liability coverage for our automobiles. We cannot obtain a mortgage for a home without purchasing homeowners insurance. When you purchase an insurance policy, whether for your car, home, or otherwise, you enter into a contract with the insurance company. The insurance policy is that contract.

Under the terms of your contract with the insurance company, you are entitled to be treated fairly and "in good faith" when you make a claim. That means that the insurance company must conduct a prompt, fair and honest investigation of your claim and pay the full amount of benefits due under your contract, and must do so in a timely manner.

Often times, insurance adjusters claim there is no coverage for your claim when they know there is. Or they will offer to settle your case for an amount far less than what is owed. Or they simply delay, delay, delay, and hope you will eventually give up.

This is called "bad faith", and when an insurance company treats you that way, you have the right to sue them. And, in some cases, you may recover more than what is due under the policy and make the insurance company pay your lawyer as well.

When you make a claim under your insurance policy, you should make sure you get everything in writing from the company. Make them tell you in writing if your claim is covered under the policy, and if not, make them put in writing why it isn't. Make them send you a copy of your policy and have them state in writing the specific provision of the policy that they claim does not give you coverage for your claim.

If you think the insurance company is not offering enough money, make them provide you with a copy of all the documentation they have to support their decision. If the claim is for damage to a car, make them provide you a copy of all estimates. If your claim is for medical bills, and they don't want to pay all of the bills, make them provide you a copy of whatever "code" book they are using to pay less than the full amount of the bills. You are entitled to get all of that information from them.

If the company is delaying your claim, then immediately contact the State Insurance Commissioner. Their website is http://www.oid.state.ok.us/index.asp You may also call their toll free number 1-800-522-0071

If you have any questions about how your claim is being handled or what your rights are, please contact me at 1-800-798-2613, or at 918-749-0749 or email me at tlaizure@stipelawtulsa.com

Motorcycle Accidents

TLaizure@cox.net (Tony Laizure) — Mon, 02 Oct 2006 14:29:35 -0600

Motorcycle accidents occur at an alarming rate. Although the cause of the accident is almost never the fault of the rider, the results are too often catastrophic. Biker's often are the victims of drunk drivers not paying attention to the road or unable to operate their vehicles with proper control. In order to try and minimize your recovery, Defendants will make arguments such as "it is just too difficult to see a motorcycle" or "motorcyclists know they are engaging in a dangerous activity".

When you are injured in a motorcycle accident, you are entitled to receive fair compensation for the damage to your bike; you are entitled to have your medical expenses, past and future, paid; you are entitled to recover for lost wages and any damage done to your ability to make money in the future; and you are entitled to recover for physical and mental pain and suffering.

The statute of limitations for a motorcycle accident claim is two years from the date of the accident, so act quickly in order to avoid any unnecessary burden to you or your loved ones.

Trucking Accident Cases

TLaizure@cox.net (Tony Laizure) — Sun, 01 Oct 2006 14:28:07 -0600

More and more trucks, semis, 18 wheelers, whatever you want to call them, are flying up and down are highways and interstates. These vehicles and their trailers sometimes weigh as much as 80,000 pounds. That is 40 tons. When one of these rigs smashes into a passenger car, the outcome for the people in the passenger car is usually pretty bad.

To make matters worse, the trucking company will start building a case against the other driver immediately after the accident. The driver calls the company on his cell phone, the company calls an insurance adjuster and an accident reconstruction expert. These people work for the truckig company and their job is to make the accident look like it was the fault of someone other than the truck driver. They start taking statements from witnesses, family members, police officers. They go to the scene, take pictures, measurements. They download the "black box" from the truck.

While the other driver is trying to recover from injuries, usually laid up in a hospital, the trucking company is working overtime to try to make sure the injured victim does not get anything. That is why it is so important to contact a lawyer who is experienced in handling trucking accident cases. The lawyer for the other driver can hire their own experts and make sure the trucking company does not get rid of important evidence, such as driving logs, the "black box", and at the same time, make sure that the case against the trucking company is being prosecuted aggressively and timely.

Waiting months or even weeks to get started is not a good idea. If you or someone you know has been injured in a trucking accident, you need to contact a lawyer immediately.

Automobile Accidents

TLaizure@cox.net (Tony Laizure) — Sun, 01 Oct 2006 14:25:45 -0600

Auto accidents happen with alarming regularity. The insurance industry has made what should be a relatively simple process of collecting damages from a negligent driver into a nightmare for many people. Not too many years ago, people were able to handle auto accident claims on their own and were treated fairly by insurance companies. Now, the insurance companies make it almost impossible to get a fair settlement for a person injured by the negligence of another driver. They refuse to pay a fair amount for damage to your car, they may not pay for a rental car, they will criticize you for going to the doctor too much, and when you don't go, they say you aren't hurt. I have dealt with insurance companies and their adjusters for years and know how to get the most out of the insurance company.

When you are injured in an Auto accident, you are entitled to receive fair compensation for the damage to your car; you are entitled to have your medical expenses, past and future, paid; you are entitled to recover for lost wages and any damage done to your ability to make money in the future; and you are entitled to recover for physical and mental pain and suffering.

The statute of limitations for an Auto or trucking accident claim is two years from the date of the accident, so act quickly in order to avoid any unnecessary burden to you or your loved one.