A medical device which “presents a potential unreasonable risk of illness or injury” that cannot be alleviated by alternate means such as proper labeling, prohibitions against adulteration, performance standards, or post-market surveillance falls within Class III under the Medical Device Amendments to the Food, Drug and Cosmetic Act.
In the unfortunate event of a construction jobsite accident that results in bodily injury or, in the worst-case scenario, a fatality, the resulting claims and litigation can be extremely complex. Construction jobsite accident claims often play out as follows.
When I got out of bed this morning, a Tea Party activist on the morning news was decrying government intrusion into our lives and our freedom. He seemed to be saying that our lives would be so much better without government getting in our way and getting in the way of businesses trying to make our lives better through the free market system.
Stephen R. Pennell, former president of DTCI and partner in the Lafayette firm of Stuart & Branigin, received the President’s Award for Outstanding Service to the ADTA at the Association of Defense Trial Attorneys’ annual meeting in Hawaii.
The Indiana Supreme Court recently held that a plaintiff’s fault in initially causing an accident may be considered in a crashworthiness case against the car manufacturer.
Defense Trial Counsel of Indiana’s Dave DeMoss discusses the impact of technology and how it has created opportunities for attorneys.
On March 2, 2011, the federal district court in Indianapolis issued a rather innocuous and unassuming opinion in SAMS Hotel Group, LLC v. Environs, Inc. (S.D. Ind. 2011), No. 1:09-CV-00930-TWP-TAB. However, its ramifications may be far-reaching and are surely welcomed by design professionals working on projects in Indiana.
The Defense Trial Counsel of Indiana will hold its Rookie Seminar on April 15, 2011, at The Montage at Allison Pointe. 8.0 credits (including 1.0 ethics) have been requested.
On Jan. 24, 2011, the U.S. Supreme Court issued its opinion in Thompson v. North American Stainless, LP, 131 S. Ct. 863 (Jan. 24, 2011).
A “happy lawyer” – do you know any such creature? By coincidence (or maybe not), two recent but random events caused me to consider this question, of all things, in the middle of this long winter season.
Defense Trial Counsel of Indiana President Scott M. Kyrouac outlines his goals for 2011.
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office on Jan. 1, 2011.
Although 2010 did not have the fireworks of the 2009 medical write-off cases, Defense Trial Counsel of Indiana has participated as amicus in several significant legal issues affecting the defense bar.
Terre Haute attorney Scott M. Kyrouac wants to advance civility between plaintiffs and defense lawyers, and plans to advocate against “anti-lawyer legislation” that may be lodged against the legal community.
The Defense Trial Counsel of Indiana named its 2011 officers and new directors at its Seventeenth Annual Conference and Annual Meeting in Michigan City November 18-19.
When a patient is harmed during a medical procedure, a patient may elect to file a medical negligence claim against his physician and the health care facility in which the procedure occurred. However, when a patient is harmed during a hospitalization, should the claim still be pursued as one of medical negligence or is it more appropriately a premises liability claim?