Archives for March 2012
People hire attorneys for many different reasons. What if you were involved in a car accident and were seriously injured? What would you do if you had a medical emergency and discovered that the cause may have been a medication that you were taking? How would you react if you learned that a medical device that was used to help your body recover from an injury actually caused life-threatening side effects or worsened your injury?
Don’t you hate that feeling of total helplessness when you know there is something wrong with your car but aren’t sure what? You get that knot in your stomach because you know you are at the mercy of the mechanic to tell you what the problem is. What’s worse is when the mechanic delivers the news because you know two things 1.) it will most likely be expensive and 2.) you will have no idea what he is talking about when he explains to you what is wrong with the vehicle.
by: David J. Cutshaw, Attorney
Is a doctor responsible for a motorist’s injuries when he or she fails to warn his patient that the medications he is giving the patient may cause the patient to black out while driving an automobile? The answer to that question was discussed by the Indiana Court of Appeals in the case of Manley v. Sherer, 960 N.E. 2d 815 (Ind. Ct. App. 2011).
Ouch! Yeah, that title hurts. But, we have all been there. As we all know, jury trials just are not as common as they used to be, and it is not unusual for an experienced litigation associate to not have a jury trial under his or her belt.
What happens when that day has finally arrived? A partner or senior associate needs your help for an upcoming trial, and approaches you to help. What now? Your first jury trial is staring you in the face? What can you do to help make the trial less nerve wracking?
by: David J. Cutshaw, Attorney
In an interesting case, the Indiana Court of Appeals recently ruled that adoptive parents could proceed with a medical malpractice case against a hospital for misrepresenting the health of a child the couple sought to adopt. In Jeffrey v. Methodist Hospital, adoptive parents asked the hospital for the health records of an infant to see if the infant had any major medical problems before they decided to adopt the infant. The hospital “neglected” to provide the adoptive parents and their attorneys with a sonogram report that showed the infant had a hole in his brain which was indicative of severe developmental issues.
I recently had a conversation with a lawyer for a large pharmaceutical manufacturer. We were discussing the merits of a particular mass tort case. Near the end of our talk, he asked me whether I believed the pharmaceutical industry had any good intentions or purpose. I was a little shocked by his question and believe he asked me because of the heated debate that we had. I obviously gave him the impression that I was for the immediate destruction of the pharmaceutical industry, but this is not the case.
I am a trial lawyer. I make my living representing injured plaintiffs. I chose my profession because I believe in helping people. Many of the clients that I represent have had their lives permanently changed because of a defective medical device or drug. I feel a great sense of duty to help these people seek justice and receive compensation for their injuries so they can put their lives back together.
by: Julie Andrews, Attorney
Imagine holding the winning Hoosier Lotto ticket worth a cool $34.5 Million dollars! Then imagine having to give half of it away to a soon-to-be ex spouse! Not too enticing, is it?
For those of you who have not followed the drama behind the recent Hoosier Lotto winning ticket, the story goes like this: A winning ticket was sold in Shelby County worth $34.5. A few days later, a woman received a call from her estranged husband, who coincidentally lives in Shelby County. The husband requested finalization of their divorce.
by: Jeffrey A. Hammond, Attorney
This afternoon Apple unveiled the new iPad. Lawyers who have already embraced the iPad already know the transformative effect it can have on your practice. The new iPad features and upgrades announced today make the new iPad an even more valuable tool for today’s mobile lawyer. While there are many impressive upgrades in the new iPad, the following are a few that will make the new iPad an even more useful tool for your practice.
FINALLY, A RETINA DISPLAY FOR THE IPAD
Graphics, text and icons are going to be sharper and easier to read than e
by: Brian K. Zoeller, Attorney
Custody disputes often play a part in divorce proceedings. Even though the marriage is ending, a couple may have children to raise and want to remain active parents and do what is in the best interest of the child. Joint custody is a popular choice for many parents and allows them equal opportunity to spend time with their children. The alternative is an arrangement where one parent has primary custody while the other retains rights of parenting time and is able to maintain a presence in the child’s life.
People generally assume that because someone is a lawyer, they must know about every area of law. While lawyers might have a basic understanding of multiple areas of law, asking a tax lawyer about class actions and mass torts, is the equivalent of asking a pediatrician about brain surgery. While the paths of class actions and mass torts may cross paths, they are separate and distinct legal proceedings. People often, understandably, confuse the two.