August 2010

North Carolina Dog Attack Injures Jogger

August 30, 2010, by Michael A. DeMayo

A Mocksville men was injured on Sunday evening in a North Carolina dog attack when he was bitten three boxers. David Potts was jogging when the animals surrounded him. They didn’t stop biting him until their owner, Ralph Kinary, called them off.

Potts had to undergo surgery to repair his arm tendon. He also needed 30 stitches for his arms and legs.

The dogs were in the owner’s backyard and weren’t leashed because the owner’s wife was outside at the time. Kinary told WXII that the dogs had never been vicious until now and he doesn’t know why they chose to attack Potts.

North Carolina Dog Bites
Under state law, dog owners are not allowed to let dogs older than six months run at large at night unless they are accompanied by the owner, the owner’s relative, or someone else in charge of supervising the animals. Our Charlotte, North Carolina dog bite lawyers want to remind you of the importance of exploring your legal options soon after the incident.

Because the state has laws regarding contributory negligence, you will need experienced North Carolina injury representation to prove that you didn’t contribute to causing your dog bite injuries. This is not the kind of North Carolina personal injury case that you want to handle on your own.

Recent Dog Bite Facts from the Insurance Information Institute:
• $412 million was spent on dog-bite insurance claims in 2009—up from the $387.2 million in homeowners’ insurance liability that was paid the year before.
• On average, a dog bite claim costs $24,840.
• The increase in dog-bite related costs can be credited to to dog bite injury verdicts and judgment and injury-related medical costs that have gone above the inflation rate.

Jogger Encircled, Attacked By Dogs, WXII12, August 30, 2010

Dog-Bite Claims Exceeded $400 Million in 2009 on Higher Medical Costs, InsuranceNewsNet, August 23, 2010

Related Web Resources:
Dog Bite Prevention, Centers for Disease Control and Prevention

Dog Bites: When Is an Owner Liable?, Nolo

Charlotte, North Carolina Medical Malpractice: AMA Says 95 Liability Claims Filed for Every 100 US Physicians

August 25, 2010, by Michael A. DeMayo

The American Medical Association says that an average of 95 medical malpractice claims are filed for every 100 doctors. The AMA reveals this and other key findings in its report, which includes data based on a 2008 survey of 5,825 doctors from 42 specialties.

Other findings from the study:
• Almost 61% of doctors in the 55 and older age group have been sued.
• 90% of general surgeons in this age group will have been sued.
• The number of claims for every 100 doctors was over 5 times more for obstetricians-gynecologists and general surgeons than for psychiatrists and pediatricians.
• Over 50% of OB/GYNs will have been sued before they turn 40.

Our Charlotte, North Carolina medical malpractice lawyers are dedicated to helping our clients and their families recover injury compensation from negligent hospitals, surgeons, OB/GYNs, nurses, pediatricians, dentists, oncologists, radiologists, ophthalmologists, and other medical professionals. Contact us to request your free case evaluation if you believe that you or your loved one was the victim of medical malpractice in this state.

Interestingly enough, according to a study on the University of Michigan Health System’s disclosure-with-offer program, telling patients and their families about medical mistakes and offering them compensation in a timely manner—this is exactly what the program does—does not increase the likelihood of a medical liability lawsuit. Instead, the results include less medical malpractice complaints, faster resolution of cases, and lower liability expenses.

Regardless of whether or not a medical provider is willing to offer you compensation for the medical-related injuries that you have suffered, it is still important that you explore your legal options with an experienced North Carolina medical malpractice law firm.

Medical error disclosure not linked to more lawsuits, American Medical News, August 23, 2010

New AMA Report Finds 95 Medical Liability Claims Filed for Every 100 Physicians, American Medical Association, August 3, 2010

Related Web Resources:
Medical Liability Claim Frequency: A 2007-2008 Snapshot of Physicians (PDF)

Medical Malpractice, Insurance Information Institute

North Carolina Nursing Home Abuse, Medical Malpractice, and Inadequate Care Among Reasons Given for Why State Wants to Fine Chapel Hill Assisted Living Facility $20K

August 17, 2010, by Michael A. DeMayo

North Carolina’s Department of Health and Human Services is recommending that the Centers for Medicare and Medicaid Services fine the Britthaven of Chapel Hill nursing home $20,000 in penalties. This amount is the federal maximum allowed for violations, which investigators say took place in February.

Following investigations of the Chapel Hill nursing home by the Nursing Home Licensure and Certification Section on February 18, June 15, 16, 17, 29, July 1and 27 of this year, the state found evidence supporting 8 of 25 complaints that were filed, including those involving:

• Failure to protect 14 Alzheimer’s patients from becoming victims of abuse.
• Failure to ensure protect patients from being administered unnecessary drugs.
• Failure to prevent medical mistakes.

The violations stem from incidents connected to Angela Almore, a former registered nurse who has been charged with North Carolina nursing home abuse and second-degree murder for the death of resident Rachel Holliday. The 84-year-old patient had morphine levels in her system that likely contributed to her death from pneumonia and asphyxiation. Almore is also blamed for the morphine-related injuries of six other residents. None of them had morphine prescriptions as part of their treatment.

It was just last year that CMS fined Britthaven of Chapel Hill $216,400 for not being in compliance with certain requirements. Resident Mary Lou Barzon, 95, broke both thigh bones when a nursing home worker dropped her while transferring the patient to her bed. The nursing assistant did not use a mechanical lift, even though the patient’s care plan called for it. No one reported the North Carolina fall accident, which left Barzon’s injuries untreated for two weeks. The elderly resident passed away soon after. Now, her family is suing the assisted living facility for her Chapel Hill wrongful death.

In another Chapel Hill nursing home negligence lawsuit against Britthaven of Chapel Hill, Marian Orlowski’s widow is seeking damages. Orlowski, who had dementia, was injured in a fall accident. Jadwiga Orlowski claims the assisted living facility did not provide her husband with the proper nursing care.

Nursing home may be fined,, August 12, 2010

Report calls for Britthaven fines, The Herald Sun, August 11, 2010

North Carolina Nursing Home Negligence: Britthaven of Chapel Hill Sued for Inadequate Care, North Carolina Injury Lawyer Blog, July 10, 2010

Related Web Resources:
North Carolina’s Department of Health and Human Services

Nursing Home Licensure and Certification Section

Charlotte, North Carolina Injury Attorney Michael A. DeMayo Now a Member of the Multi-Million Dollar Advocates Forum

August 10, 2010, by Michael A. DeMayo

Michael A. DeMayo, a Charlotte, North Carolina personal injury lawyer, is now a member of the Multi-Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the country. Members must have won multi-million dollar verdicts, settlements, and awards for their clients. Attorney DeMayo, who is founder and president of the Law Offices of Michael A. DeMayo, is also a Life Member of the Million Dollar Advocates Forum. Less than 1% of US attorneys belong to this group, known for its excellence in advocacy and for having obtained for at least one client an award, settlement, or verdict of $1 million or greater.

Charlotte, Personal Injury Attorney DeMayo leads a team of dedicated professionals with over 100 years of combined legal experience. They are committed to obtaining the financial recovery that their clients and families are owed by negligent parties. Our North Carolina law firm represents victims and surviving family members with all types of injury cases, including those involving medical malpractice, automobile accidents, truck accidents, slip and fall, products liability, defective medical devices, dangerous drugs, nursing home neglect and abuse, motorcycle accidents, dog bites, pedestrian accidents, and workers’ compensation. The Law Offices of Michael DeMayo is located in Charlotte, Monroe, Hickory, and Lumberton, North Carolina. We also represent clients with South Carolina personal injury cases in the counties of Marlboro, Chesterfield, York and Lancaster.

Charlotte, North Carolina Car Accident Lawyer Michael A. DeMayo is also an active member of the community. Each year, his law firm awards college scholarships to a number of high school seniors for their innovative and creative ideas on ways to stop teens from driving drunk.

Multi-Million Dollar Advocates Forum & Million Dollar Advocates Forum

Michael A. DeMayo, Esq.

Verdicts & Settlements, Law Office of Michael A. DeMayo

Dangerous Drug Lawsuit Seeks Injury Compensation for Rituxan User Who is Now A Quadriplegic

August 6, 2010, by Michael A. DeMayo

A 23-year-old man who is now a quadriplegic has filed a dangerous drug lawsuit against the makers of Rituxan. The defendants of this products liability complaint are Biogen Idec. and Genentech Inc.

Jesse Peetz started taking the immunosuppressant in 2003 to treat thrombotic thrombocytopenia purpura, an autoimmune disorder that he had been suffering from since he was 11. He contends that he was unaware that the drug would make him susceptible to developing untreatable infections. He developed a near-deadly infection in 2005 that resulted in his loss of motor function.

In his dangerous drug complaint, Peetz is accusing the defendants of failing until 2007 to warn users about the risks associated with taking the immunosuppressant. He contends that in 2003, defendants began marketing Rituxan for off-label use to treat the condition that Peetz was suffering from. Off-label means that the Food and Drug Administration had not approved this particular use for the suppressant. In 2007, BIogen Idec and Genentech finally put out a warning that use of the drug could lead to untreatable viral infections, catastrophic injury, and death.

Rituxan is FDA-approved for treatment of rheumatoid arthritis, non-Hodgkin’s lymphoma, and chronic lymphocytic leukemia. The powerful drug gets rid of mature circulating B-cells for close to nine months, which can allow for the deadly viruses. Rituxan has also been linked to several cases of progressive multifocal leukoencephalopathy, a deadly brain and nervous system viral infection.

Peetz took Rituxan for two years before he developed the dangerous viral inflection. Now, he depends heavily on a ventilator.

Charlotte, North Carolina Dangerous Drug Lawsuit
Just because you or your loved one took a drug prescribed by a doctor and made by a pharmaceutical company doesn’t mean that the medication is good for you. Unfortunately, dangerous drugs continue to make it out into the marketplace, posing a serious danger to people. Drug manufacturers must be held accountable for their negligence in making and designing a drug that can hurt or kill you.

Neb. man sues makers of Rituxan after infection, WTOP/AP, August 11, 2010

Lawsuit Says Rituxan Left Man A Quadriplegic, Drug Discovery and Development, August 12, 2010

Related Web Resources:

Genentech Inc.

Biogen Idec.


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