Pharmaceutical Drug And Medical Device Litigation
Since most of us use a medical device or pharmaceutical drug to better our lives, when we later find out that drug or device is defective or dangerous, and causes injury, we are left to deal with the consequences. The Cohen & Malad, LLP attorneys represent those who have been injured, whether from a dangerous drug or a defective medical device. Product liability claims are usually based on defective manufacturing, defective design, or defective marketing. To prove a claim, an injured person must show that he or she was injured, that the medical device or drug was defectively manufactured, designed or marketed, and that the defect caused the injury or injuries. In some cases, if the patient was clearly told of the risks, then decided those risks were worth taking, the recovery chances might not be high, however if the patient was unaware of the risks—particularly if it is found the manufacturer was aware of the risks and chose not to reveal them—the recovery chances could be much higher. These types of legal and medical issues are complex and require the services of an experienced attorney—a Cohen & Malad, LLP attorney.
Every year, thousands and thousands of people are victims of personal injury accidents. These personal injury accidents can relate to defective products, dangerous drugs, unsafe medical devices, car accidents, truck accidents, motorcycle accidents and many other types of personal injury. The injuries suffered by those who have experienced a personal injury can include lost wages, mountains of medical expenses, and property damages. These unfortunate victims of the negligence, recklessness or carelessness of another person or entity must then deal with indifferent insurance companies and are often left in an extremely vulnerable position. An accident can happen so quickly, that one minute you are going about your normal daily life, and the next minute everything has changed, and your future looks uncertain. The Indianapolis personal injury attorneys at Cohen & Malad, LLP, will fight hard for your rights, ensuring you receive an equitable settlement for your injuries.
A class action lawsuit involves a large number of people who have suffered harm by the same product, or in the same way. This group of people joins together to sue another person or company in a class action lawsuit. Typically, class action lawsuits concern defective or hazardous products or medical devices, or dangerous pharmaceutical or over-the-counter drugs. Fraudulent financial issues and employment cases may also be heard in a class action format. Class action lawsuits generally conclude much more quickly, which saves money and time for all those involved. A class action can be filed in the state or federally. At Cohen & Malad, LLP, we deal with the following types of class action lawsuits and have extensive experience in these cases: Healthcare litigation, human rights issues, insurance litigation, fraudulent payday loans, bank overdraft fee lawsuits, wage and hour employer violations, privacy claims, securities and investment fraud, antitrust issues, consumer protection and defective products, and environmental claims.
Eminent Domain / Condemnation Law
Eminent domain refers to the government’s right to take private property for public use without the consent of the owner—but with compensation to the owner. Unfortunately, far too many landowners are poorly compensated for their property, despite the fact that, under our Constitution, the government is prohibited from seizing private property for public use without equitable compensation. Typically, the agency looking to condemn a property, or take the property under eminent domain, will take the most expedient, least expensive path to acquiring a private citizen’s property. The Cohen & Malad, LLP attorneys represent those who need help with eminent domain or condemnation issues related to family homes, farms, apartment buildings, shopping centers, undeveloped land, convenience stores and even leased property. You could be entitled to damages to the remainder of your property following a condemnation (severance damages), the fair market value of your property, any improvements to your property, including equipment or fixtures, relocation damages, and damages associated with pre-condemnation. Contact Cohen & Malad, LLP to have an experienced eminent domain/condemnation attorney by your side.
Physicians are required to meet all applicable standard of care when treating a patient. This refers to the attention another reasonable physician would have given the patient under similar circumstances. Although mistakes happen, a medical malpractice claim involves a claim against a doctor, dentist, hospital, nurse, nursing home employee, or other health care providers who did not follow the reasonable care standards. Health care providers who violate patient safety rules, resulting in injury to the patient, must answer for such a violation. Damages for medical malpractice claims can include compensation for medical expenses, pain and suffering, emotional distress, disability, lost wages, future lost earnings, the inability of the patient to function normally, and disfigurement and deformity. The Cohen & Malad, LLP attorneys have been litigating medical malpractice cases for more than three decades; we have the experience and resources to fight for your rights and secure the compensation you deserve.
- Aspiration Pneumonia
- Colonoscopy Prep Medication Error/ Laxative Overdose
- Excessive Prescriptions of Addictive Medicines
- Failure to Diagnose Buerger’s Disease
- Failure to Diagnose Malfunctioning Shunt in Hydrocephalic Child
- Hyponatremia / Respiratory Distress / Wrongful Death of 5 Year Old Child
- Medication Error/ Gentamicin Overdose
- Myocardial Infarction / Failure to Diagnose
- Negligently Performed Nissen Fundoplication
- Retained Foreign Object / Surgical Sponge / Abdominal Surgery
- Severed Ureter / Loss of Kidney/ Failure to Diagnose Urine Leak
- Bile Leak After Laparoscopic Cholecystectomy
- Delayed Diagnosis / Acute Appendicitis
- Dental Malpractice
- Failure to Diagnose Bladder Cancer/ Hematuria
- Failure to Diagnose Kidney Failure
- Failure to Diagnose Throat Cancer
- Failure to Timely Cardiovert Patient Resulting in Stroke/ Atrial Fibrillation
- Improper Fetal Heart Monitoring/ Stillbirth
- Litigating Medical Malpractice Claims in Indiana
- Misdiagnosis / Staph Aureus Bacteremia/ Endocarditis
- Negligently Performed Cleft Palate Repair Surgery
- Peritonitis / Basilar Skull Fracture/ Internal Bleeding/ Wrongful Death
- Retained Foreign Object After Hysterectomy/ Surgical Towel
- Unnecessary Sinus Surgeries / Physician Abandonment
At Cohen & Malad, LLP, we believe family is worth fighting for. Whether you are facing a complex interstate custody battle, a multimillion-dollar divorce, or a more routine family law issue, we can help. We understand the stressful nature of family law issues, whether you are facing a divorce, deciding parenting time, dealing with child or spousal support issues, going through a contentious custody battle, dividing assets, or any other family law issues, from the simple to the extremely complex. The Cohen & Malad, LLP attorneys always listen carefully to our family law clients because we want to fully understand their goals, then help make those goals a reality. If you are facing a family law issue, do not try to handle it on your own—call the Cohen & Malad, LLP attorneys today.
Bankruptcy, Creditor’s Rights, and Commercial & Business Law
There are a variety of factors which will go into your decision about whether or not to file bankruptcy. You may feel that you are at the end of your financial rope with nowhere to turn and that there are no alternatives to bankruptcy. Depending on your specific financial situation, this may or may not be true. It’s always a good idea to educate yourself thoroughly about bankruptcy, making sure you understand how filing for bankruptcy will affect you in the long run. There are essentially two types of bankruptcy in the United States, or two options for the majority of consumers (although there are more options for more complex situations and business bankruptcies). Financial challenges—such as bankruptcy—can happen when they are least expected. Having sound legal advice when you need help with a bankruptcy, creditor’s rights, or an issue having to do with commercial or business law, is crucial. The attorneys at Cohen & Malad, LLP will find a workable solution for businesses, understanding that every situation is different, therefore needs the most experienced representation in order to effectively resolve business problems when they arise.
Having the “right” people on your business team is vitally important, whether suppliers, customers, vendors or employees. When you must manage all these business relationships, there are bound to be legal issues which arise from time to time. The experienced Cohen & Malad, LLP business attorneys will do what they can to keep you out of court whenever possible, however, have extensive litigation experience when necessary. Our attorneys deal with contract disputes, business break-ups, real estate business issues, employment problems, non-compete agreements, financial fraud, other business torts, trade secrets, construction disputes, appeals, insurance coverage, unfair competition, governmental and administrative action and antitrust issues. We routinely handle all matters of commercial law which could potentially affect your business and believe you deserve to have these business legal issues resolved as quickly as possible so you can focus on growing your business.
Perhaps you are doing your best to hold on to a legal victory, or perhaps you believe the outcome of your legal issue was not a fair one. Either way, the Cohen & Malad, LLP attorneys can file an appeal on your behalf. It is important to know that the deadline to appeal in most courts is extremely short—thirty days or less. The appellate arena can be a complex, difficult legal area. Our Indianapolis attorneys have more than six decades of combined appellate experience, handling more than 130 appeals.
Commercial, Real Estate and Business Services
The Cohen & Malad, LLP attorneys provide services to local and national lenders as well as businesses and individuals in the areas of foreclosures, REO, real estate sales, mergers, sales and acquisitions, lender workouts, buy-sell agreements, collections, finance and business formations. We also handle real estate-related disputes including contracts, eminent domain, liens, boundaries and other similar disputes. If you have a commercial real estate legal issue, or an issue with business litigation, the Cohen & Malad, LLP attorneys want to help you. Our extensive knowledge and experience in these areas make us the go-to law firm in the Indianapolis area.