In response to concerns about sub-optimal nursing home care, the Centers for Medicare & Medicaid Services recently released new nursing home regulations. These regulations have become part of the Code of Federal Regulations (CFR), and they apply to any nursing home that accepts Medicaid or Medicare reimbursement (in other words, almost all of … [Read more...]
About David Carnes
Abilify Side Effects – Compulsive Gambling and Pathological Behaviors and Other Serious Side Effects
If you or someone you know suffers from mental disorders, such as schizophrenia, depression or bipolar disorder, you’re probably familiar with Abilify. This is one of the most popular treatments prescribed by health care professionals for the management of these conditions. In 2013, it was declared one of the top-selling drugs in America with sales … [Read more...]
USDOT Announces New Air Passenger Consumer Protection Rules
More than 700 million passengers board domestic airline flights every year in the U.S. Airlines, and 700 million passengers means big money. Human nature being the way it is, it is unsurprising that absent sufficient consumer protection regulations, airlines will find a way to fleece passengers through the use of sharp business practices. Part of … [Read more...]
FDA Issues Warning About Essure
To women who are looking for a permanent and non-invasive solution for birth control, Essure was the best solution in the market. However, this perception has changed following the issuance of a warning by the Food and Drug Administration (FDA). Permanent birth control device There comes a time in life when you’re sure that you don’t want any more … [Read more...]
FAA to Loosen Medical Restrictions on Some Pilots
Three levels of medical certificates are required of various pilots – third class, second class and first class. Each involves a more thorough and invasive medical exam than the last, and each confers greater privileges on the pilots who hold it. Commercial airline pilots, for example, must hold first-class medical certificates, while pilots … [Read more...]
Air Traffic Controller Liability
An air traffic controller (“ATC”) holds one of the most important and stressful jobs in existence – one mistake could result in the violent death of hundreds of people. Settled legal standards apply to protect people who are injured by ATC negligence and people who are harmed by the death of another person that was caused by ATC negligence. What … [Read more...]
Tricky Legal Issues in Product Liability Lawsuit against Aircraft Manufacturers
When someone is injured or killed in a plane crash, the Federal Aviation Administration (FAA) usually attributes the cause to “pilot error”. In some cases, however, the cause of the accident can be traced to a manufacturing defect in the aircraft itself. In these cases, under certain circumstances the manufacturer of the aircraft or a component … [Read more...]
Third Circuit Narrows Federal Preemption for Aircraft Product Liability Cases
By David Carnes, Staff Writer Federal courts have consistently held that federal law preempts the entire field of “aviation safety”. This means, in effect, that you cannot file a lawsuit based on a state aircraft safety statute. Instead, litigants are expected to file their claims based on Federal Aviation Administration (FAA) regulations or other … [Read more...]
Inaccurate Heart Monitors Lead to Lawsuit against Fitbit
Users of Fitbit fitness trackers from three states filed a class action lawsuit against Fitbit on January 5, 2016. The complaint alleges that Fitbit heart rate monitors are inaccurate and that the company engaged in deceptive advertising that concealed this inaccuracy. The class action lawsuit’s scope is nationwide, meaning if the class is … [Read more...]
$20 Million Verdict Upheld on Appeal
Plaintiff Dean Diao suffered serious injuries, including extensive third-degree burns and brain injury, in a natural gas explosion that occurred after he lit a cigarette in the room that he rented from the homeowners. His room had become saturated with natural gas after an employee of Southern California Gas Company (SoCalGas) accidentally opened … [Read more...]
