The U.S. District Court for the District of Columbia dismissed a medical malpractice suit without prejudice for non-compliance with the notice requirement in the DC Official Code. The court held in Carmichael v. West, No. 11-1513, slip op. (D.D.C., Jul. 27, 2012), that the plaintiff’s failure to give notice to…
The Center for Devices and Radiological Health (CDRH) issued a report in November 2012 on improvements to its review and approval procedures for new medical devices. As part of the U.S. Food and Drug Administration (FDA), the CDRH is responsible for medical device safety and quality. The FDA defines “medical…
The United States Supreme Court heard arguments this week in a case in which Missouri prosecutors asked the Court to rule that warrants are not necessary to collect blood samples from individuals suspected of driving while intoxicated. Given that alcohol can break down in the bloodstream, time is often of…
The Baltimore Sun reports that on Thursday, December 27, a car rented in Connecticut crashed into a wall at the historic Washington Monument after the driver allegedly fell asleep. According to the article, the driver was not injured, but the sole passenger was taken to the University of Maryland Medical…
On December 18, Mayor Vincent Gray announced that several of the major commuter routes in DC would be seeing higher speed limits. While this may come as a welcome convenience for many drivers, Washington, D.C. car accident attorneys know that higher speeds also present higher risks. The D.C. Council must…
In October, a federal judge permitted a company known only as “Company Doe” to remain anonymous in a lawsuit against the U.S. Consumer Product Safety Commission (CPSC). The anonymous company argued that the CPSC’s report with consumer complaint data was “baseless” and would cause “irreparable harm to [the company’s] reputation…
Living Essentials, LLC, the Michigan-based manufacturer of the drink marketed as 5-Hour Energy, currently faces lawsuits around the country blaming the drink’s high caffeine content for multiple injuries and deaths, or alleging that the company makes false statements regarding the drink’s contents or benefits. A nonprofit health organization recently accused…
We previously discussed a Nebraska lawsuit that invoked a statute allowing wrongful death claims on behalf of unborn children. The case involved a truck accident that took the lives of a family and their unborn child. The lawsuit, Baumann v. Slezak, et al, also invoked Federal Motor Carrier Safety Administration…
A wrongful death lawsuit arising from a Nebraska automobile accident invokes that state’s fetal death statute, reportedly for the first time since the Nebraska Legislature enacted it in 2003. The plaintiffs in Baumann v. Slezak, et al are asserting multiple causes of action in relation to the deaths of a…
A U.S. District Court in Washington DC dismissed a lawsuit brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671 et seq., against the federal government and other government entities. The plaintiff in Moorman v. United States asserted causes of action for premises liability, but did not…