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Salmonella is one of the most dangerous pathogens haunting our food system today. The bacteria finds its way into our food through a variety of routes, including unsafe food harvesting, storage, and transportation methodologies in addition to unsafe cooking or failing to discard spoiled food. It seems like there have been more and more reports in the news lately detailing a new outbreak involving the dangerous strain, affecting everything from produce to fast food.

Recently, an outbreak of Salmonella Virchow has been linked to Garden of Life’s RAW Meal Organic Shake & Meal Products. As of March 24, 2016, the Centers for Disease Control and Prevention have identified 20 different states affected by the outbreak. The specific source of the outbreak was identified as Organic Moringa Leaf powder, an ingredient that Garden of Life uses in a number of its products. Since the outbreak has been identified, Garden of Life has initiated a recall of affected products. Retailers with affected lot numbers have been asked to forgo selling the product and return it to the company.

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Medical malpractice damages caps limit the amount of money a plaintiff can receive from a medical malpractice claim. Often, the damages caps limit only non-economic damages, such as pain and suffering, mental distress, and loss of companionship. Yet, some states cap both non-economic and economic damages, which include medical bills and lost wages. Medical malpractice caps vary greatly by state and can have an enormous impact on the amount of money an individual plaintiff can receive.

The reasoning behind malpractice compensation caps is to limit the financial burden on the state and to minimize drains on the economy. In addition, some say that caps promote cost stability in the health care system and protect doctors from high insurance rates, helping to ensure that doctors are willing to practice in the state. However, those opposed to medical malpractice caps argue that legislatures should not be able to limit what courts determine that plaintiffs deserve.

Indiana Votes to Increase Medical Malpractice Cap

According to one news source, the Indiana legislature recently approved an increase to the state’s cap on medical malpractice damages for the first time in almost two decades. The state’s cap is currently limited to $1.25 million. The new law would raise the cap to $1.65 million in 2017 and to $1.8 million in 2019. Indiana’s current and proposed law encompasses both economic and non-economic damages.

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Bayer is one of the largest pharmaceutical and medical device manufacturers in the world today. Recently, a group of over 30 women filed a lawsuit against the company alleging that its Essure permanent birth control device resulted in serious and painful health problems. Common symptoms that the plaintiffs reported suffering from included menstrual bleeding, migraines, abdominal cramping, and abnormal bleeding. The complaint was filed on March 17 in St. Louis, Missouri.

The Essure birth control device consists of a metal coil inserted in the fallopian tubes using a catheter. Last year, the U.S. Food and Drug Administration reported that during the 13 years following approval of the device, it received thousands of complaints regarding physical complications that resulted after implantation. During the time between July 2015 and October 2015, the FDA received over 2,800 complaints alone.

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Every patient understands that all surgeries carry some level of risk. The nature and extent of those risks depend on the facts surrounding the individual’s circumstances and the surgery being performed. But even though some risks are understood, issues can arise and surgeons can make mistakes—and the patients may suffer devastating consequences as a consequence of them. Sometimes, the injuries that result can give rise to a medical malpractice claim, even if the plaintiff consented to the procedure.

Medical malpractice claims are brought when the care provided by a medical provider does not meet the applicable standard of care in the medical community, and causes the patient injuries. A plaintiff must demonstrate that the medical provider owed him a duty of care, that the care provided fell below the standard of care, and that the plaintiff suffered damages.

Consenting to Medical Care

In many cases, when a patient undergoes surgery, they have already explicitly consented to the surgery. In fact, a patient’s express or implied consent is generally required for all procedures performed by health care professionals. However, in order to be valid, a patient’s consent must be informed—which means being fully aware of the risks and alternatives.

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After a two-month trial and a one-week period of jury deliberations, the jury in a case against medical device and home consumer goods company Johnson & Johnson has returned a $500 million verdict in the plaintiffs’ favor. Johnson & Johnson manufactured and marketed the DePuy hip implant product, consisting of a metal-on-metal device.

There are over 8,000 additional lawsuits pending against Johnson & Johnson regarding the DePuy hip implant device. The lawsuits have been consolidated in a Multi-District Litigation proceeding. This mechanism is similar to a class action in that it seeks to streamline the judicial process, but differs because each claimant receives an independent assessment of his or her particular claim.

Shortly after hitting the market, patients who received the DePuy device reported experiencing severe problems, including a tendency of the device to fail much more quickly than the company stated it would. The manufacturer advertised the hip implant device as being safe, durable, long-lasting, ideally suited for young patients, and ideal for individuals who lead an active lifestyle.

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Juries decide cases with respect to the liability of the parties and in regard to the damages owed. In a recent case, a jury found that a defendant was liable—yet it also found that the plaintiff should be awarded nothing.

After a woman was injured in a car accident, she and her husband sued her insurance company to recover damages for her injuries under the underinsured motorist provision of their policy. Prior to trial, the defendant admitted that the driver of the car that hit the plaintiff was negligent. However, the case proceeded to trial on the issue of causation and damages. At trial, the woman admitted that all of her medical bills had been paid. Accordingly, the plaintiffs were only seeking damages for pain and suffering.

The jury was required to determine the amount of damages the plaintiffs should be awarded. When the jury returned a verdict in her favor, but with an award of no damages, the plaintiffs filed a motion for a new trial. The motion was denied, and the plaintiffs appealed the decision. On appeal, the plaintiffs argued that a jury verdict for the plaintiff must necessarily include an award of damages.

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The issue of whether raw milk production should be allowed in the United States has become popular in recent years. Certain consumer groups prefer raw milk products, citing studies that suggest pasteurization poses certain dangers. Individuals who oppose the consumption of raw milk state that the pathogens it can carry are incredibly dangerous and even life-threatening in some instances. Raw milk can contain a wide variety of bacteria and viruses, including E. Coli, Salmonella, and Listeria.

This month, CNBC reported that a group of lawmakers who successfully passed a bill relaxing restrictions on raw milk sale and consumption in West Virginia became ill shortly after consuming raw milk in celebration of the bill’s passage. The legislation allows individuals who purchase a share in a milk-producing animal to consume the raw milk produced from that animal. The bill prohibits individuals from selling and distributing that milk to others. These agreements are often referred to as “herd shares” or “cow shares.” A number of states have similar laws facilitating these limited arrangements and allowing raw milk consumption in certain circumstances.

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Transporting heavy equipment from one location to another can be a dangerous job. Drivers have to make sure to secure the right equipment, take proper routes, obtain permits and escorts, and follow regulations. Drivers and their employers also have to be concerned not only about their own safety but the safety of everyone else on the road.

In a recent case, a widow filed a wrongful death action after her husband was killed by a driver transporting heavy equipment across a bridge. The woman’s husband was killed when a driver was transporting an oversized log skidder, a heavy vehicle used in logging. The driver left Atlas, Illinois to deliver the log skidder to Eolia, Missouri. In order to reach Eolia, the driver took the Champ Clark Bridge, which connects Missouri and Illinois. The bridge is 20 feet wide and has two lanes. The log skidder was ten feet wide, so the driver had to take up part of both lanes on the bridge.

The driver transporting the load planned to send a lookout driver ahead in order to block the eastbound lane of the bridge. The lookout went ahead and the transport driver called to make sure that the bridge was cleared. After being assured that the bridge was clear, the transport driver continued onto the bridge with the log skidder. As he was driving across the bridge, he saw a car coming over the bridge in the opposite lane. He tried to move over but he hit the bridge and struck the oncoming car, killing its driver. Although the lookout believed he had blocked traffic, he had not effectively blocked all oncoming cars.

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CBS news recently issued a news story stating that major car manufacturer Ford Motor Company has initiated a recall of roughly 391,000 of its Ford Ranger truck vehicles after a man riding in one of the vehicles died when one of the truck’s airbags exploded. The recall covers Ranger trucks manufactured between the years of 2004 and 2006.

According to authorities familiar with the accident, the decedent was driving his Ford Ranger pickup when he collided with a cow that had found its way onto the road. After making contact with the cow, the man lost control of the vehicle and collided into a fence. It is unclear whether the airbag deployed when the truck collided with the cow or when the truck collided with the fence. Reports prepared about the incident indicate that the man died as a result of metal shrapnel impaling his neck and that the shrapnel was created when the activator in the airbag exploded instead of inflating the device. The investigation also suggested that but for the defective airbag device the collision would have been moderate and unlikely to have resulted in the driver’s death.

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The National Football League (NFL) has recently faced a number of lawsuits based on players’ head injuries. Recently, other leagues have also begun seeing an upswell of lawsuits, mostly based on the league’s failure to warn its players of the potential risks of participation in the league. According to a recent news source, one youth football league recently settled a case in similar circumstances. The lawsuit was brought in a Wisconsin court by the mother of a man who had committed suicide subsequent to injuries he sustained after playing football. The mother alleged that her son’s suicide was the result of numerous head injuries he suffered as a child playing in a youth football league.

The mother alleged that her son, who was 25-years-old when he committed suicide, suffered brain damage after participating in the youth league for four years. He began participating in sports when he was 11. After the son’s death, an autopsy showed that he suffered from Chronic Traumatic Encephalopathy (CTE). The lawsuit alleges that the disease caused severe emotional, behavioral, cognitive, and physical problems, and that it was a substantial factor in contributing to his suicide. The son had experienced numerous concussions while playing football, some of which occurred while he played for the youth league.

The suit alleges that the football league was aware that the risks to young children were greater than to older players, but failed to warn players of these risks. The lawsuit points out that the sport is more dangerous for children who play with football helmets because the helmet weight is very heavy for children’s necks and bodies. It states that the organization failed to warn children and parents of the risk of permanent brain damage. The complaint sought $5 million in damages, and a settlement was reached for an undisclosed amount.

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