McGowan, Hood & Felder, LLC has represented numerous clients in regard to personal injury and wrongful death lawsuits against people causing injury to a person on a motorcycle. These situations have led to catastrophic injuries for persons who were riding on the motor cycle, including drivers and passengers.
Every year, the number of bikers seriously injured or killed in motorcycle accidents increases. This tragic fact is due in large part to the inattention of other motorists to motorcycles on the roadway and the disregard of the rights and safety of bikers. As the saying goes, "Look twice and save a life." Our firm has handled and successfully resolved cases involving motorcycle accidents.
Because motorcycles are not enclosed like cars or trucks, most accidents result in the driver being thrown from the cycle. Common motorcycle injuries include spinal cord injuries, broken bones, brain damage, paralysis and even death. Individuals injured in motorcycle, scooter or moped accidents need serious legal representation. Our law firm is committed to providing clients with sound and aggressive legal representation.
The attorneys at McGowan, Hood & Felder, LLC frequently consult medical, engineering and liability experts to build our cases. The types of experts frequently used in a motorcycle accident case include an accident reconstruction expert, human factors expert and bio-mechanical expert. These cases can be expensive to prosecute and our firm is dedicated to ensuring that each motorcycle accident case at our firm receives the proper experts and legal representation.
Helmet Use And Effectiveness
South Carolina as a state does not require the use of a helmet when riding a motor cycle. The use of the helmet is a safety mechanism but many riders enjoy the freedom of riding without a helmet. Whether the rider is using a helmet or nor may foretell of the type of injuries that the driver or passenger on a motorcycle may incur.
The National Highway Traffic and safety Administration (“NHTSA”) estimates that helmets saved the lives of 1,316 motorcyclists in 2004. If all motorcyclists had worn helmets, an additional 671 lives could have been saved. Helmets are estimated to be 37 percent effective in preventing fatal injuries to motorcyclists. This means for every 100 motorcyclists killed in crashes while not wearing a helmet, 37 of them could have been saved had all 100 worn a helmet.
All motorcycle helmets sold in the United States are required to meet Federal Motor Vehicle Safety Standard 218, the performance standard which establishes the minimum level of protection helmets must afford each user. In 2004, 20 States, the District of Columbia, and Puerto Rico required helmet use by all motorcycle operators and passengers. In another 27 States, only persons under a specific age, usually 18 were required to wear helmets. Three States had no laws requiring helmet use.
Types of injuries
* Head injury - affects the face, skull, and/or brain. These injuries are much more likely to result from motorcycle crashes than car accidents. Head injury often occurs when the motorcyclist is thrown from the bike, and their head collides with a solid object (e.g., pavement). It is especially prevalent when the rider is not wearing a helmet. A Traumatic Brain Injury has the potential to permanently hinder your motor skill functions.
* Broken bones and internal injury - usually affects arms and legs, but essentially no bone is safe in a crash. Groin injuries caused by the sudden stoppage of the motorcycle colliding with a car or another stationary object. Fractures may need months to heal and could even result in permanent disability if the victim is young enough that their growth plates have yet to fuse together. Internal injuries or organ damage may not be evident until a physician conducts a thorough examination. These can be fatal if they are ignored.
* Spinal cord injury and paralysis - damage to the vertebrae and connecting tissue that limits or completely restricts mobility depending on the location and extent of the damage. Paraplegia means the victim has loss of movement below the waist, while quadriplegia is from the neck down.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who practice in the motorcycle injury arena are constantly updating their education and ability to litigate these types of cases. S. Randall Hood of McGowan, Hood & Felder has helped litigate many catastrophic injury cases. S. Randall Hood is available for consultation by email at rhood@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on motorcycle accidents.
Very truly yours,
McGowan, Hood & Felder, LLC
S. Randall Hood, 1539 Healthcare Drive, Rock Hill, SC 29732
Tuesday, August 18, 2009
Thursday, July 30, 2009
How to Make Money Turning Down “Bad House” Cases
McGowan, Hood & Felder, LLC has handled numerous actions involving “Bad House” Cases in South Carolina and outside the state. These cases involve faulty construction or faulty materials used in the construction of a home.
Attorneys with McGowan, Hood and Felder, LLC investigate “Bad House” cases on a frequent basis. There has been a lot of news in the past couple of months about Chinese wall board and other faulty construction materials which can contribute to legal problems and issues for contractors, subcontractors or home repair entities in regard to building or repair of a house. The purpose of this newsletter is to help educate some of you in which cases not to take in this area of law.
You’re sitting in the office on Friday afternoon waiting for that big case to come calling. Sure enough, the phone rings. The nice lady on the line says she paid her builder at closing, but he won’t come back and finish the job even though he promised he would; or a man complains of a terrible leaky roof, and mold to boot, and then states that his insurance company won’t pay for repairs to his house; or the guy who is angry because the floor slabs in his home have enormous cracks and so do all of his neighbors’ floors. Many of these cases on their face appear to have liability but may not be the type of case to pursue. It is financially cogent to refuse to accept many of these claims as cases in your practice. Nowhere is the old adage “I made more money on the cases I didn’t take” more true than in construction defect work. Here are six reasons why.
Clients.
A man’s home is his castle, right? You can put up with that dent in the fender of your car, especially if it’s on the passenger side. But the loose brick in your fireplace that you see every night when you settle back with a cool beverage? No way. Whether you live in an $80,000 tract home or an $800,000 beauty on the lake, your home must be perfect. Clients in building defect cases, especially “punchlist” complaints, are the same way. Even though the cost to hire someone to fix all those problems may not be much, most of us are stubborn enough that we will torture ourselves staring at that loose brick before we pay someone to do something that builder should have done. Make sure you aren’t looking at two or three thousand dollars worth of cosmetic touchups before you sign that guy up. Both of you will be angry at the end of the case.
Competence.
It is wise to know what you are doing both legally and substantively when you elect to take on a construction defect case. Leaky roofs are usually a lot more complicated than finding the hole, especially if someone calls a lawyer instead of a roofer. Soils and foundation problems will force you to learn about compaction, kips, and sheep’s foot tampers. None of it is rocket science, but it requires a little experience outside what most of us know.
Experts.
In a punchlist case you can probably find an expert who will work for free, because he either finished the job or wants to finish the job. Structural issues, mold damage, drainage, moisture intrusion cases? Get ready. If you have a case that includes PI claims secondary to mold exposure, multiply that by four or five to arrive at a figure you will spend on experts. Beware, there is no pain and suffering in contract cases, and typically no way to recover these types of damages.
Damages.
No matter how big of a problem your defendant may be, you probably aren’t going to have a gross negligence case on your hands. Nearly all construction disputes are contract claims. That means no punitive, no pain and suffering, and often no consequential damages. Even if you recover 100% of your client’s actual damages, there usually isn’t enough left to fix her house, after your fees and expert fees are paid. The result is an unhappy client.
Insurance.
One of the really complicated issues in construction “law” is insurance coverage. There is coverage out there, but you need to plead into and prove it. Like any other area of practice, know what you are doing.
Collectability.
You don’t need to worry about coverage in some cases. “Mass” builders like KB Homes, Ryland, or D.R. Horton are good for a judgment in any single house case—even in today’s business climate. Local builders are a completely different story. With few exceptions (e.g., Mungo and Shumaker), homebuilders are sole proprietors or LLC’s. They keep no cash. Often they structure their billing so all their profit is at the front end, so by the end of the job they have no incentive to finish that punchlist—or pay your judgment. Particularly in this economy, local builders are either failing or temporarily closing up shop. Make sure there is a pocket out there to reach into or you may be working for free.
You can make money suing builders. You have to be picky about cases you take in the defensive construction arena. The cases can be expensive to work up and some have little damages. It is within your purview to decide which cases are good and which cases are bad.
Dixon Robertson works for homeowners whose homes don’t work the way they should. From shoddy construction to defective building materials, he has represented hundreds of individuals and a class of 8000 homeowners to resolve their claims and win them relief for their building problems. He practiced solo for nearly thirteen years before joining McGowan, Hood & Felder last year.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate complex cases are constantly updating their education and ability to litigate these types of cases. Dixon Robertson of McGowan, Hood & Felder has helped to litigate many cases that involve construction litigation. Dixon Robertson is available for consultation by email at DRobertson@mcgowanhood.com or telephone (Toll free 1-877-644-6400).
Please visit our website at mcgowanhood.com for comprehensive information on construction defect litigation.
Very truly yours,
McGowan, Hood & Felder, LLC
W. Dixon Robertson, 1517 Hampton Street, Columbia, SC 29201
Attorneys with McGowan, Hood and Felder, LLC investigate “Bad House” cases on a frequent basis. There has been a lot of news in the past couple of months about Chinese wall board and other faulty construction materials which can contribute to legal problems and issues for contractors, subcontractors or home repair entities in regard to building or repair of a house. The purpose of this newsletter is to help educate some of you in which cases not to take in this area of law.
You’re sitting in the office on Friday afternoon waiting for that big case to come calling. Sure enough, the phone rings. The nice lady on the line says she paid her builder at closing, but he won’t come back and finish the job even though he promised he would; or a man complains of a terrible leaky roof, and mold to boot, and then states that his insurance company won’t pay for repairs to his house; or the guy who is angry because the floor slabs in his home have enormous cracks and so do all of his neighbors’ floors. Many of these cases on their face appear to have liability but may not be the type of case to pursue. It is financially cogent to refuse to accept many of these claims as cases in your practice. Nowhere is the old adage “I made more money on the cases I didn’t take” more true than in construction defect work. Here are six reasons why.
Clients.
A man’s home is his castle, right? You can put up with that dent in the fender of your car, especially if it’s on the passenger side. But the loose brick in your fireplace that you see every night when you settle back with a cool beverage? No way. Whether you live in an $80,000 tract home or an $800,000 beauty on the lake, your home must be perfect. Clients in building defect cases, especially “punchlist” complaints, are the same way. Even though the cost to hire someone to fix all those problems may not be much, most of us are stubborn enough that we will torture ourselves staring at that loose brick before we pay someone to do something that builder should have done. Make sure you aren’t looking at two or three thousand dollars worth of cosmetic touchups before you sign that guy up. Both of you will be angry at the end of the case.
Competence.
It is wise to know what you are doing both legally and substantively when you elect to take on a construction defect case. Leaky roofs are usually a lot more complicated than finding the hole, especially if someone calls a lawyer instead of a roofer. Soils and foundation problems will force you to learn about compaction, kips, and sheep’s foot tampers. None of it is rocket science, but it requires a little experience outside what most of us know.
Experts.
In a punchlist case you can probably find an expert who will work for free, because he either finished the job or wants to finish the job. Structural issues, mold damage, drainage, moisture intrusion cases? Get ready. If you have a case that includes PI claims secondary to mold exposure, multiply that by four or five to arrive at a figure you will spend on experts. Beware, there is no pain and suffering in contract cases, and typically no way to recover these types of damages.
Damages.
No matter how big of a problem your defendant may be, you probably aren’t going to have a gross negligence case on your hands. Nearly all construction disputes are contract claims. That means no punitive, no pain and suffering, and often no consequential damages. Even if you recover 100% of your client’s actual damages, there usually isn’t enough left to fix her house, after your fees and expert fees are paid. The result is an unhappy client.
Insurance.
One of the really complicated issues in construction “law” is insurance coverage. There is coverage out there, but you need to plead into and prove it. Like any other area of practice, know what you are doing.
Collectability.
You don’t need to worry about coverage in some cases. “Mass” builders like KB Homes, Ryland, or D.R. Horton are good for a judgment in any single house case—even in today’s business climate. Local builders are a completely different story. With few exceptions (e.g., Mungo and Shumaker), homebuilders are sole proprietors or LLC’s. They keep no cash. Often they structure their billing so all their profit is at the front end, so by the end of the job they have no incentive to finish that punchlist—or pay your judgment. Particularly in this economy, local builders are either failing or temporarily closing up shop. Make sure there is a pocket out there to reach into or you may be working for free.
You can make money suing builders. You have to be picky about cases you take in the defensive construction arena. The cases can be expensive to work up and some have little damages. It is within your purview to decide which cases are good and which cases are bad.
Dixon Robertson works for homeowners whose homes don’t work the way they should. From shoddy construction to defective building materials, he has represented hundreds of individuals and a class of 8000 homeowners to resolve their claims and win them relief for their building problems. He practiced solo for nearly thirteen years before joining McGowan, Hood & Felder last year.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate complex cases are constantly updating their education and ability to litigate these types of cases. Dixon Robertson of McGowan, Hood & Felder has helped to litigate many cases that involve construction litigation. Dixon Robertson is available for consultation by email at DRobertson@mcgowanhood.com or telephone (Toll free 1-877-644-6400).
Please visit our website at mcgowanhood.com for comprehensive information on construction defect litigation.
Very truly yours,
McGowan, Hood & Felder, LLC
W. Dixon Robertson, 1517 Hampton Street, Columbia, SC 29201
Wednesday, July 29, 2009
Children who Suffer Injury during Pregnancy
McGowan, Hood & Felder, LLC has represented numerous clients in regard to personal injury and wrongful death lawsuits against physicians and hospitals alleging that the medical practitioners failed to follow proper medical practice in regard to the treatment afforded to a patient during pregnancy. These situations have led to catastrophic injuries for infants and their families who trusted their medical professional.
The epilepsy drug Depakote has been linked to an increased risk of mental retardation and birth injuries when taken during pregnancy. According to reports since 2006, the risk of Depakote birth defects could be significantly greater when compared to the risks associated with alternative medications prescribed as an anticonvulsant.
Approximately 24 million American women have taken anticonvulsant drugs for problems such as epilepsy, bipolar disorder and migraine headaches. The use of Depakote during pregnancy has been compared with other similar anticonvulsant drugs, including Tegretol, Lamictal and Dilantin. Several reports have indicated that the risks of mental retardation, birth defects and fetal deaths are greater when Depakote is used as opposed o other similar pharmaceutical drugs.
INCREASED RISK OF MENTAL I.Q. PROBLEMS
According to a report presented in 2007 at the annual meeting of the American Academy of Neurology in Boston, children who were exposed to Depakote during pregnancy were twice as likely to have I.Q. scores in the range of mental retardation, when compared with children exposed to other epilepsy drugs.
The study followed 185 children whose mothers took Depakote, Lamictal, Tegretol or Dilantan during their pregnancy. Researchers reported that I.Q. tests administered at 2 years old indicate that children exposed to Depakote scored 7 to 8 points lower on the I.Q. test than children exposed to one of the other epilepsy drugs during pregnancy.
PRIOR WARNINGS OF DEPAKOTE BIRTH DEFECTS
In October 2006, the warning label for Depakote was changed to indicate that the drug could result in birth defects when taken during pregnancy. The warning was updated after a study was published in the August 8, 2006 issue of Neurology regarding Depakote side effects. The study found that congenital malformations and fetal deaths were more likely when expectant women took Depakote as compared to one of the other epilepsy drugs. Approximately 20.3% of babies born after the mother took Depakote suffered serious adverse outcomes, compared with the other drugs which had significantly lower rates between 10.7% and 1%.
Given the findings of these recent studies, doctors should strongly consider other drugs before prescribing Depakote for pregnant women. Had the severe risk of Depakote birth defects been made known earlier, many children born with malformations or mental retardation could have avoided these disabilities if the mother was given a different anticonvulsant during pregnancy.
The types of injuries which can occur to a child who is exposed to Depakote during pregnancy can include, but is not limited to, mental retardation, cognitive injury, birth defects, or death. The types of experts we have utilized in these types of cases include teratologists, perinatologists, obstetricians, neonatologists, pediatric neurologists, pediatric neuroradiologists, geneticists, nurses, life care planners, vocational experts and economists. In addition to our retained experts, we have a highly skilled legal nurse on staff that assists our attorneys in the review of clients’ medical records and helps in the prosecution of these complex cases.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who practice in the medical negligence and pharmaceutical injury arena are constantly updating their education and ability to litigate cases involving injuries to children which occur during pregnancy. S. Randall Hood of McGowan, Hood & Felder has helped to litigate many birth injury and medical malpractice cases. S. Randall Hood is available for consultation by email at rhood@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on birth injuries.
Very truly yours,
McGowan, Hood & Felder, LLC
S. Randall Hood, 1539 Healthcare Drive, Rock Hill, SC 29732
The epilepsy drug Depakote has been linked to an increased risk of mental retardation and birth injuries when taken during pregnancy. According to reports since 2006, the risk of Depakote birth defects could be significantly greater when compared to the risks associated with alternative medications prescribed as an anticonvulsant.
Approximately 24 million American women have taken anticonvulsant drugs for problems such as epilepsy, bipolar disorder and migraine headaches. The use of Depakote during pregnancy has been compared with other similar anticonvulsant drugs, including Tegretol, Lamictal and Dilantin. Several reports have indicated that the risks of mental retardation, birth defects and fetal deaths are greater when Depakote is used as opposed o other similar pharmaceutical drugs.
INCREASED RISK OF MENTAL I.Q. PROBLEMS
According to a report presented in 2007 at the annual meeting of the American Academy of Neurology in Boston, children who were exposed to Depakote during pregnancy were twice as likely to have I.Q. scores in the range of mental retardation, when compared with children exposed to other epilepsy drugs.
The study followed 185 children whose mothers took Depakote, Lamictal, Tegretol or Dilantan during their pregnancy. Researchers reported that I.Q. tests administered at 2 years old indicate that children exposed to Depakote scored 7 to 8 points lower on the I.Q. test than children exposed to one of the other epilepsy drugs during pregnancy.
PRIOR WARNINGS OF DEPAKOTE BIRTH DEFECTS
In October 2006, the warning label for Depakote was changed to indicate that the drug could result in birth defects when taken during pregnancy. The warning was updated after a study was published in the August 8, 2006 issue of Neurology regarding Depakote side effects. The study found that congenital malformations and fetal deaths were more likely when expectant women took Depakote as compared to one of the other epilepsy drugs. Approximately 20.3% of babies born after the mother took Depakote suffered serious adverse outcomes, compared with the other drugs which had significantly lower rates between 10.7% and 1%.
Given the findings of these recent studies, doctors should strongly consider other drugs before prescribing Depakote for pregnant women. Had the severe risk of Depakote birth defects been made known earlier, many children born with malformations or mental retardation could have avoided these disabilities if the mother was given a different anticonvulsant during pregnancy.
The types of injuries which can occur to a child who is exposed to Depakote during pregnancy can include, but is not limited to, mental retardation, cognitive injury, birth defects, or death. The types of experts we have utilized in these types of cases include teratologists, perinatologists, obstetricians, neonatologists, pediatric neurologists, pediatric neuroradiologists, geneticists, nurses, life care planners, vocational experts and economists. In addition to our retained experts, we have a highly skilled legal nurse on staff that assists our attorneys in the review of clients’ medical records and helps in the prosecution of these complex cases.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who practice in the medical negligence and pharmaceutical injury arena are constantly updating their education and ability to litigate cases involving injuries to children which occur during pregnancy. S. Randall Hood of McGowan, Hood & Felder has helped to litigate many birth injury and medical malpractice cases. S. Randall Hood is available for consultation by email at rhood@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on birth injuries.
Very truly yours,
McGowan, Hood & Felder, LLC
S. Randall Hood, 1539 Healthcare Drive, Rock Hill, SC 29732
Thursday, May 28, 2009
Knowledge Management for Solos and Small Firms
McGowan, Hood & Felder, LLC has handled numerous actions involving complex legal matters in South Carolina and outside the state. Attorneys with McGowan, Hood and Felder, LLC have represented clients involving construction litigation, catastrophic injury, business litigation, class action and multi district litigation.
What if you could spend a few moments thinking about drafting a complaint, and then, with a couple of keystrokes, find exactly the go-by you needed? What if your staff had time to “tag” every work product document with keywords? What if your computer silently, constantly, indexed your document files by keyword and by full text? And what if finding that elusive complaint were as easy as using Google? Chances are, you would be working for a large firm with unlimited resources.
What if you feel like you do not have the time to learn about expensive programs and acronyms like DM, KM, and CRM. So what if you can’t remember the file your law partner had that was just like the trip and fall you got in yesterday?
There is no reason why small law firms can’t enjoy the same organization and recall for their work product as the big firms. Whether you start using the tools you already own in a different way, install free or low-cost solutions, or invest in a dedicated program, you can retrieve exactly the information you need, quickly and efficiently. So what are you waiting for?
Face it. All we have to sell is time and knowledge. In theory, at least, the more knowledge we have the less time it should take us to get work done for our clients. Knowledge management, or KM, includes document management but it is more. Most law firms have some system for finding documents that are capable of repetition. Some attorneys file copies in a drawer and others have a “Forms” folder on their computer. Some forms folders are broken down by document type, or by subject matter. Filing in a drawer means walking to the file cabinet and thumbing through all the complaints until you find the one you’re looking for. Saving files to a computer file cabinet isn’t much different, except you get to stay in the chair. E-mailing to your partners, or posting to a listserv, is really convenient only for you.
Managing documents is important. But documents don’t capture knowledge, except in the limited sense of our work product. We need to save and retrieve what we know about other lawyers and expert witnesses. Which lawyer habitually hands up a memorandum when the motion hearing begins? How do we recall circuit judges’ preferences, like district judges’ that are posted on the Internet? Likewise, we need to remember techniques for trial and deposition. The stab in the dark on the defense engineer’s qualifications that hit the mark? It might keep him out altogether the next time around. The damages argument I read about, or saw in a CLE, or watched another lawyer make to the jury? How can I make sure to remember it for the next trial?
Finally, our most important asset is our goodwill with clients. We can take care of the little things, like spelling their names right and sending their mail to a new address right after we learn about it. What about other things? Who goes ballistic when we send lawsuit-related papers to the house where his ex-wife lives? Who was so grateful for the Christmas card that she wrote us a thank-you note? Managing our relationships with our clients is a very different subset of knowledge management, but it’s no less important than managing documents or judges’ preferences.
I’ll explore ways we can collect and retrieve—and share with our law partners and associates—all this information in future newsletters. Next time, we’ll look at a few simple ways to find that Word or Acrobat document from the case we tried four years ago.
Dixon Robertson works for homeowners whose homes don’t work the way they should. From shoddy construction to defective building materials, he has represented hundreds of individuals and a class of 8000 homeowners to resolve their claims and win them relief for their building problems. He practiced solo for nearly thirteen years before joining McGowan, Hood & Felder last year. When he isn’t working for clients, he studies the management side of a law practice, particularly how computers can make life easier for solo firms and small firms. You can reach Dixon in our Columbia office at (Toll free 1-877-644-6400).
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate complex cases are constantly updating their education and ability to litigate these types of cases. Dixon Robertson of McGowan, Hood & Felder has helped to litigate many cases that involve construction litigation. Dixon Robertson is available for consultation by email at DRobertson@mcgowanhood.com or telephone (Toll free 1-877-644-6400).
Please visit our website at mcgowanhood.com for comprehensive information on construction defect litigation.
Very truly yours,
McGowan, Hood & Felder, LLC
W. Dixon Robertson, 1517 Hampton Street, Columbia, SC 29201
What if you could spend a few moments thinking about drafting a complaint, and then, with a couple of keystrokes, find exactly the go-by you needed? What if your staff had time to “tag” every work product document with keywords? What if your computer silently, constantly, indexed your document files by keyword and by full text? And what if finding that elusive complaint were as easy as using Google? Chances are, you would be working for a large firm with unlimited resources.
What if you feel like you do not have the time to learn about expensive programs and acronyms like DM, KM, and CRM. So what if you can’t remember the file your law partner had that was just like the trip and fall you got in yesterday?
There is no reason why small law firms can’t enjoy the same organization and recall for their work product as the big firms. Whether you start using the tools you already own in a different way, install free or low-cost solutions, or invest in a dedicated program, you can retrieve exactly the information you need, quickly and efficiently. So what are you waiting for?
Face it. All we have to sell is time and knowledge. In theory, at least, the more knowledge we have the less time it should take us to get work done for our clients. Knowledge management, or KM, includes document management but it is more. Most law firms have some system for finding documents that are capable of repetition. Some attorneys file copies in a drawer and others have a “Forms” folder on their computer. Some forms folders are broken down by document type, or by subject matter. Filing in a drawer means walking to the file cabinet and thumbing through all the complaints until you find the one you’re looking for. Saving files to a computer file cabinet isn’t much different, except you get to stay in the chair. E-mailing to your partners, or posting to a listserv, is really convenient only for you.
Managing documents is important. But documents don’t capture knowledge, except in the limited sense of our work product. We need to save and retrieve what we know about other lawyers and expert witnesses. Which lawyer habitually hands up a memorandum when the motion hearing begins? How do we recall circuit judges’ preferences, like district judges’ that are posted on the Internet? Likewise, we need to remember techniques for trial and deposition. The stab in the dark on the defense engineer’s qualifications that hit the mark? It might keep him out altogether the next time around. The damages argument I read about, or saw in a CLE, or watched another lawyer make to the jury? How can I make sure to remember it for the next trial?
Finally, our most important asset is our goodwill with clients. We can take care of the little things, like spelling their names right and sending their mail to a new address right after we learn about it. What about other things? Who goes ballistic when we send lawsuit-related papers to the house where his ex-wife lives? Who was so grateful for the Christmas card that she wrote us a thank-you note? Managing our relationships with our clients is a very different subset of knowledge management, but it’s no less important than managing documents or judges’ preferences.
I’ll explore ways we can collect and retrieve—and share with our law partners and associates—all this information in future newsletters. Next time, we’ll look at a few simple ways to find that Word or Acrobat document from the case we tried four years ago.
Dixon Robertson works for homeowners whose homes don’t work the way they should. From shoddy construction to defective building materials, he has represented hundreds of individuals and a class of 8000 homeowners to resolve their claims and win them relief for their building problems. He practiced solo for nearly thirteen years before joining McGowan, Hood & Felder last year. When he isn’t working for clients, he studies the management side of a law practice, particularly how computers can make life easier for solo firms and small firms. You can reach Dixon in our Columbia office at (Toll free 1-877-644-6400).
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate complex cases are constantly updating their education and ability to litigate these types of cases. Dixon Robertson of McGowan, Hood & Felder has helped to litigate many cases that involve construction litigation. Dixon Robertson is available for consultation by email at DRobertson@mcgowanhood.com or telephone (Toll free 1-877-644-6400).
Please visit our website at mcgowanhood.com for comprehensive information on construction defect litigation.
Very truly yours,
McGowan, Hood & Felder, LLC
W. Dixon Robertson, 1517 Hampton Street, Columbia, SC 29201
Nursing Home Negligence
McGowan, Hood & Felder, LLC has represented numerous clients in regard to personal injury and wrongful death lawsuits against nursing home (and assisted living) facilities. Neglect, such as the types listed below, in a long-term healthcare setting can lead to painful injuries and death.
• Pressure Sores
Pressure sores or “bedsores” are caused by unrelieved pressure, typically on the bony areas of the body, e.g. tailbone, heels, elbows, etc. in bedridden patients resulting in damage to the underlying tissue. Most bedsores are preventable. A nursing home must develop and maintain a pressure ulcer prevention program.
Preventive measures include turning and repositioning schedules, pressure relief mattresses or pads, regular skin care and assessment, proper hygiene, proper toileting, adequate nutrition, and wound care. Failure of the care planners to properly assess and plan for prevention or treatment of bedsores, as well as failure of staff to provide the care and services required by the care plan, makes it very difficult for a long term care facility to defend a bedsore case on the grounds that the pressure ulcers were unavoidable.
• Nutrition and Weight Loss
Nutrition is an essential element of nursing home care. This includes proper nutritional assessment, care planning and intervention by the health care provider. Malnutrition often precedes the onset of pressure ulcers and, according to most experts, can impact the ability of pressure ulcers to heal. Often residents are chronically ill and require special assistance to ensure proper nutritional needs are being met. This requires the nursing home to have in place proper staffing in terms of numbers and qualifications.
Nutritional care, assessment and care planning is an interdisciplinary practice. Dieticians, speech therapists, and restorative nurses should be used to address particular conditions leaving certain patients at higher risk of weight loss or dehydration. Some residents will require a specialized diet, such as mechanically softened meals, pureed food, and food supplements. Certain residents require the use of feeding tubes. Whatever the resident’s particular situation, it is the duty of the long-term care facility to ensure that the interdisciplinary care team meets its responsibilities in ensuring nutritional needs are met.
• Medication Errors
One of the most common types of negligence in any health care setting, nursing homes included, is medication error. Errors can be the result of transcription error on physician’s orders, MAR’s (medication administration record), nurses’ notes or physician’s progress notes. Medication errors can also simply result from human error in administration of the drug or in failing to follow doctor’s orders. Often, medications are not given as the physician directs and this can ultimately be proved by a close review of the patient’s chart. For example, it is not uncommon to have a facility chart that medication has been administered despite a resident not even being in the facility at the time the medication is noted to have been given.
• Falls and Fall-Related Injuries
Falls are not uncommon in the nursing home setting. Nursing home residents typically carry a variety of risk factors for falls. These falls can result in loss of physical function and decreased quality of life. Assessments for residents at a high risk for falls are a federally mandated requirement. The assessment should lead to an individualized plan of care that will set forth preventive measures for that resident’s risk of falls (or wandering, etc.).
Prevention measures include frequent monitoring, toileting schedules, use of lowered beds, removable restraints (lap belts, lap “buddies”, etc.), electronic body and bed alarms, and even specialized equipment such as electronic tethering devices that sound an alarm when a resident leaves certain areas of the building or when passing through exits from a building.
Once a fall does occur, a facility must provide appropriate and timely assessment for the injury, and generate an incident report. If the injury is serious, there should be an investigation as to the incident’s cause. Severe injuries of unknown cause must be reported to DHEC.
• Choking/ Asphyxiation
Residents with special diets or neurological damages from strokes or other medical conditions are often at increased risk of choking, particularly at mealtime. Proper nutritional assessments should include an assessment of the risk of such injuries which are most often fatal if a patient aspirates food, chokes, or asphyxiates while unsupervised at mealtime. In addition to specialized diets, the need for restorative dietary aides to assist at mealtime must be addressed and each particular resident’s needs met in order to avoid injury or death.
• Burns/Scalds
Burn injuries are more common than one might expect in long care facilities. Often, burns involve residents who are smokers and accidently ignite themselves or burns from uncontrolled water temperatures in showers or whirlpool therapy. The uncontrolled water temperature can be due to nursing home staff errors, plumbing company negligence, product defects, or some combination thereof.
• Physical and Chemical Restraints
Each resident has certain rights including quality of care and quality of life. There are federal regulations in place to ensure that these rights are not compromised by the improper use of physical and/or chemical restraints in the nursing home setting. Often the over use of physical and chemical restraints actually has the resultant effect of more falls and fall related injuries.
The problems in nursing homes will not go away in the foreseeable future. As the baby boom generation ages, the demand for nursing home care continues to grow. Nearly 17,000 nursing homes in the United States currently care for 1.6 million residents, and that number is expected to quadruple to 6.6 million residents by 2050. These staggering numbers will dramatically increase the stressors on a system already crippled by staff shortages, poor working conditions, lack of supervision, and inadequate training.
Some of the attorneys at McGowan, Hood & Felder are well versed in how to decipher nursing home records and determine whether the standard of care is being met. We have an on-staff nurse who assists with an initial impression of whether a case has merit or not. Our lawyers have been litigating nursing home cases for many years. We aggressively litigate nursing home cases and strive to provide our clients with top tier representation.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys at our firm who litigate nursing home cases are constantly updating their education and ability to resolve nursing home cases. John G. Felder, Jr. of McGowan, Hood & Felder is currently litigating nursing home cases and is available for consultation by email at jfelder@mcgowanhood.com or telephone (Toll free) 1-877-644-6400.
Please visit our website at www.mcgowanhood.com for comprehensive information on nursing home abuse and neglect.
Very truly yours,
McGowan, Hood & Felder, LLC
John G. Felder, Jr., 1517 Hampton Street, Columbia, SC 29201
• Pressure Sores
Pressure sores or “bedsores” are caused by unrelieved pressure, typically on the bony areas of the body, e.g. tailbone, heels, elbows, etc. in bedridden patients resulting in damage to the underlying tissue. Most bedsores are preventable. A nursing home must develop and maintain a pressure ulcer prevention program.
Preventive measures include turning and repositioning schedules, pressure relief mattresses or pads, regular skin care and assessment, proper hygiene, proper toileting, adequate nutrition, and wound care. Failure of the care planners to properly assess and plan for prevention or treatment of bedsores, as well as failure of staff to provide the care and services required by the care plan, makes it very difficult for a long term care facility to defend a bedsore case on the grounds that the pressure ulcers were unavoidable.
• Nutrition and Weight Loss
Nutrition is an essential element of nursing home care. This includes proper nutritional assessment, care planning and intervention by the health care provider. Malnutrition often precedes the onset of pressure ulcers and, according to most experts, can impact the ability of pressure ulcers to heal. Often residents are chronically ill and require special assistance to ensure proper nutritional needs are being met. This requires the nursing home to have in place proper staffing in terms of numbers and qualifications.
Nutritional care, assessment and care planning is an interdisciplinary practice. Dieticians, speech therapists, and restorative nurses should be used to address particular conditions leaving certain patients at higher risk of weight loss or dehydration. Some residents will require a specialized diet, such as mechanically softened meals, pureed food, and food supplements. Certain residents require the use of feeding tubes. Whatever the resident’s particular situation, it is the duty of the long-term care facility to ensure that the interdisciplinary care team meets its responsibilities in ensuring nutritional needs are met.
• Medication Errors
One of the most common types of negligence in any health care setting, nursing homes included, is medication error. Errors can be the result of transcription error on physician’s orders, MAR’s (medication administration record), nurses’ notes or physician’s progress notes. Medication errors can also simply result from human error in administration of the drug or in failing to follow doctor’s orders. Often, medications are not given as the physician directs and this can ultimately be proved by a close review of the patient’s chart. For example, it is not uncommon to have a facility chart that medication has been administered despite a resident not even being in the facility at the time the medication is noted to have been given.
• Falls and Fall-Related Injuries
Falls are not uncommon in the nursing home setting. Nursing home residents typically carry a variety of risk factors for falls. These falls can result in loss of physical function and decreased quality of life. Assessments for residents at a high risk for falls are a federally mandated requirement. The assessment should lead to an individualized plan of care that will set forth preventive measures for that resident’s risk of falls (or wandering, etc.).
Prevention measures include frequent monitoring, toileting schedules, use of lowered beds, removable restraints (lap belts, lap “buddies”, etc.), electronic body and bed alarms, and even specialized equipment such as electronic tethering devices that sound an alarm when a resident leaves certain areas of the building or when passing through exits from a building.
Once a fall does occur, a facility must provide appropriate and timely assessment for the injury, and generate an incident report. If the injury is serious, there should be an investigation as to the incident’s cause. Severe injuries of unknown cause must be reported to DHEC.
• Choking/ Asphyxiation
Residents with special diets or neurological damages from strokes or other medical conditions are often at increased risk of choking, particularly at mealtime. Proper nutritional assessments should include an assessment of the risk of such injuries which are most often fatal if a patient aspirates food, chokes, or asphyxiates while unsupervised at mealtime. In addition to specialized diets, the need for restorative dietary aides to assist at mealtime must be addressed and each particular resident’s needs met in order to avoid injury or death.
• Burns/Scalds
Burn injuries are more common than one might expect in long care facilities. Often, burns involve residents who are smokers and accidently ignite themselves or burns from uncontrolled water temperatures in showers or whirlpool therapy. The uncontrolled water temperature can be due to nursing home staff errors, plumbing company negligence, product defects, or some combination thereof.
• Physical and Chemical Restraints
Each resident has certain rights including quality of care and quality of life. There are federal regulations in place to ensure that these rights are not compromised by the improper use of physical and/or chemical restraints in the nursing home setting. Often the over use of physical and chemical restraints actually has the resultant effect of more falls and fall related injuries.
The problems in nursing homes will not go away in the foreseeable future. As the baby boom generation ages, the demand for nursing home care continues to grow. Nearly 17,000 nursing homes in the United States currently care for 1.6 million residents, and that number is expected to quadruple to 6.6 million residents by 2050. These staggering numbers will dramatically increase the stressors on a system already crippled by staff shortages, poor working conditions, lack of supervision, and inadequate training.
Some of the attorneys at McGowan, Hood & Felder are well versed in how to decipher nursing home records and determine whether the standard of care is being met. We have an on-staff nurse who assists with an initial impression of whether a case has merit or not. Our lawyers have been litigating nursing home cases for many years. We aggressively litigate nursing home cases and strive to provide our clients with top tier representation.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys at our firm who litigate nursing home cases are constantly updating their education and ability to resolve nursing home cases. John G. Felder, Jr. of McGowan, Hood & Felder is currently litigating nursing home cases and is available for consultation by email at jfelder@mcgowanhood.com or telephone (Toll free) 1-877-644-6400.
Please visit our website at www.mcgowanhood.com for comprehensive information on nursing home abuse and neglect.
Very truly yours,
McGowan, Hood & Felder, LLC
John G. Felder, Jr., 1517 Hampton Street, Columbia, SC 29201
Tuesday, May 5, 2009
Laparoscopic Cholecystectomy
McGowan, Hood & Felder, LLC has handled numerous actions involving Laparoscopic Cholecystectomies in South Carolina and North Carolina.
While “lap chole’s” are not part of the everyday lexicon, the procedure is very common and is simply the surgical removal of the gallbladder. The procedure can be done either laproscopically, where the surgeon makes several small incisions in the abdomen to allow the insertion of surgical instruments and a small video camera, or with an “open procedure” which is major abdominal surgery in which the surgeon removes the gallbladder through a 10 to 18 cm (4- to 7-inch) incision and requiring at least an overnight stay in the hospital.
One of the more common types of injuries resulting from a lap chole is when the surgeon mistakenly identifies the common bile duct for the cystic duct. In order for a surgeon to remove the diseased gallbladder normally he will clip the cystic duct and simply remove the gallbladder. However, before he can remove this organ he must first properly identify the different structures of the biliary tree. A surgeon will do this by removing connective tissue and other types of scarring around the area know as the Triangle of Calot. When sufficient tissue is removed an actual triangle will appear bound by the liver, cystic duct and the common hepatic duct.
When this triangle appears proper identification of the biliary tree is almost without fail. This dissection, however, usually takes about an hour to perform and some surgeons “think” they have identified the cystic duct but are mistaken. A common mistake occurs when the surgeon clips and transects what they believe to be the cystic duct when in fact they mistakenly clip and transect the common bile duct (aka common hepatic duct). It has been my experience that “short cut” mistakes often happen during procedures that are performed late in the day or after the surgeon has already performed a number of other procedures.
When the common bile duct is transected (cut) it cannot simply be sewn back together. Normally transfer to a skilled organ transplant surgeon is required to perform what is known as an hepaticojejunostomy, which is when the small bowel (jejunum) is cut and then connected to the liver (hepatic).
While the common bile duct is improperly transected in only about .4% of cases, there are almost 500,000 of these procedures performed each year in the United States. This number makes it likely that an attorney will see at least one of these cases during his or her career.
Has there been malpractice?
The issue in these cases is not so much if it was negligence to transect the common bile duct, but rather was the surgeon negligent in not positively identifying the cystic duct before he clipped anything. A surgeon should keep cutting away/dissecting until the Triangle of Calot can be positively identified. Clips are then placed on the cystic duct and it is transected. For a number of reasons mentioned above, surgeons will mistake the common bile duct for the cystic duct and proceed to clip and transect it.
The logic can be quite simple when presented in the proper light. If a surgeon positively identifies the cystic duct (which makes up one of the three sides of the Triangle of Calot) then the surgeon should never mistakenly cut the common bile duct. The common defenses are 1) there were so many physical abnormalities (the biliary tree has more differentiation than any other section of the human body), 2) there was too much scar tissue, 3) there was too much bleeding, etc., that the surgeon could not make a positive identification.
These above defenses can be overcome since a surgeon should always revert from laparoscopic to an open procedure when one of the problems above occurs. An “open procedure” provides a surgeon with a much improved field of vision when complications arise. If the injury to the common bile duct occurred during an open procedure, the case may have a stronger defense possibility.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate Laparoscopic Cholecystectomy cases are constantly updating their education and ability to litigate these types of cases. Robert V. Phillips of McGowan, Hood & Felder has helped to litigate many cases that involve laparoscopic cholecystectomy claims. Robert Phillips is available for consultation by email at rphillips@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on Laparoscopic Cholecystectomy.
Very truly yours,
McGowan, Hood & Felder, LLC Robert V. Phillips, 1539 Healthcare Drive, Rock Hill, SC 29732
While “lap chole’s” are not part of the everyday lexicon, the procedure is very common and is simply the surgical removal of the gallbladder. The procedure can be done either laproscopically, where the surgeon makes several small incisions in the abdomen to allow the insertion of surgical instruments and a small video camera, or with an “open procedure” which is major abdominal surgery in which the surgeon removes the gallbladder through a 10 to 18 cm (4- to 7-inch) incision and requiring at least an overnight stay in the hospital.
One of the more common types of injuries resulting from a lap chole is when the surgeon mistakenly identifies the common bile duct for the cystic duct. In order for a surgeon to remove the diseased gallbladder normally he will clip the cystic duct and simply remove the gallbladder. However, before he can remove this organ he must first properly identify the different structures of the biliary tree. A surgeon will do this by removing connective tissue and other types of scarring around the area know as the Triangle of Calot. When sufficient tissue is removed an actual triangle will appear bound by the liver, cystic duct and the common hepatic duct.
When this triangle appears proper identification of the biliary tree is almost without fail. This dissection, however, usually takes about an hour to perform and some surgeons “think” they have identified the cystic duct but are mistaken. A common mistake occurs when the surgeon clips and transects what they believe to be the cystic duct when in fact they mistakenly clip and transect the common bile duct (aka common hepatic duct). It has been my experience that “short cut” mistakes often happen during procedures that are performed late in the day or after the surgeon has already performed a number of other procedures.
When the common bile duct is transected (cut) it cannot simply be sewn back together. Normally transfer to a skilled organ transplant surgeon is required to perform what is known as an hepaticojejunostomy, which is when the small bowel (jejunum) is cut and then connected to the liver (hepatic).
While the common bile duct is improperly transected in only about .4% of cases, there are almost 500,000 of these procedures performed each year in the United States. This number makes it likely that an attorney will see at least one of these cases during his or her career.
Has there been malpractice?
The issue in these cases is not so much if it was negligence to transect the common bile duct, but rather was the surgeon negligent in not positively identifying the cystic duct before he clipped anything. A surgeon should keep cutting away/dissecting until the Triangle of Calot can be positively identified. Clips are then placed on the cystic duct and it is transected. For a number of reasons mentioned above, surgeons will mistake the common bile duct for the cystic duct and proceed to clip and transect it.
The logic can be quite simple when presented in the proper light. If a surgeon positively identifies the cystic duct (which makes up one of the three sides of the Triangle of Calot) then the surgeon should never mistakenly cut the common bile duct. The common defenses are 1) there were so many physical abnormalities (the biliary tree has more differentiation than any other section of the human body), 2) there was too much scar tissue, 3) there was too much bleeding, etc., that the surgeon could not make a positive identification.
These above defenses can be overcome since a surgeon should always revert from laparoscopic to an open procedure when one of the problems above occurs. An “open procedure” provides a surgeon with a much improved field of vision when complications arise. If the injury to the common bile duct occurred during an open procedure, the case may have a stronger defense possibility.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate Laparoscopic Cholecystectomy cases are constantly updating their education and ability to litigate these types of cases. Robert V. Phillips of McGowan, Hood & Felder has helped to litigate many cases that involve laparoscopic cholecystectomy claims. Robert Phillips is available for consultation by email at rphillips@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on Laparoscopic Cholecystectomy.
Very truly yours,
McGowan, Hood & Felder, LLC Robert V. Phillips, 1539 Healthcare Drive, Rock Hill, SC 29732
PARENTAL LIABILITY
McGowan, Hood & Felder, LLC has handled numerous actions involving Parental Liability in South Carolina. This type of action can take the form of suing a child, a parent, a guardian or any combination of these people.
It’s the middle of the night, and you wake up to the sound of someone pelting your new car with eggs. You recognize the assailants as some of the kids in the neighborhood. Your paint job is now ruined, and even though the car is insured, you’re out your $500.00 deductible. Or, your child comes in dazed and confused, bleeding as a result of a rock thrown by one of his ‘friends.’ Of course, you rush him to the doctor for treatment, and await the bills. Surely, you think, the parents of these children can be held responsible to pay for the damages caused by their children. However, many people who have watched one of the daytime courtroom shows have learned that parents are “not an insurer that [their] child will not harm another.”
Instead, the law typically holds children legally responsible for their own conduct, which in many instances will leave the victim without any way to collect on a judgment under the scenarios above, since most children don’t have a great deal of money. There are exceptions to this rule, to be sure, such as if the parent was negligent in supervising the child, or negligent in providing a dangerous object to a child. However, those situations are often difficult to prove.
There is, however, one provision of South Carolina law which still provides relief for parental liability under a particular set of circumstances. Although it has recently changed location, it still exists. South Carolina Code §63-5-60 provides that private individuals, including corporations and partnerships, are “entitled to recover damages in an amount not to exceed five thousand dollars in a civil action ...from the parents or legal guardian ...of a minor under the age of eighteen years and residing with the parents or the legal guardian of the person who maliciously or willfully causes personal injury to the individual or destroys, damages, or steals property....” While the statute limits this liability to malicious or willful acts, it does provide for joint and several liability of the parent up to the $5,000.00. However, it doesn’t cover acts of a child which are merely negligent or accidental, and is limited only to actual damages.
Nevertheless, this statute has its uses, and may cover a wide variety of acts, including bullying and vandalism. Furthermore, it may be useful to have a parent named personally in the suit, for purposes of gathering additional information on the history of the child, insurance coverage, and other facts not readily obtained solely through a subpoenaed deposition of the parent. The parental liability statute can be used to file suit, gather the information referenced above and then amend the complaint to attempt to pursue a remedy for a much larger claim than $5000.00
This statute is perhaps too often overlooked even by experienced attorneys, which may be largely due to the fact that a similar predecessor, S.C. Code §15-75-30 was repealed when the current statute was first added to the Children’s Code. Another reason it is probably overlooked is that it is inappropriately titled: “Parental civil liability for damage to state property.” Although the current statute has not been interpreted by our appellate courts, the clear language used indicates that this liability extends to injuries caused to private citizens, or their property. Thus, this statute may be useful in addition to claims of negligent supervision or negligent entrustment under the right facts.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate Parental Liability cases are constantly updating their education and ability to litigate these types of matters. Kevin Hayne Sitnik, ESQ of McGowan, Hood & Felder has helped to litigate cases that involve parental liability. Kevin Hayne Sitnik is available for consultation by email at ksitnik@mcgowanhood.com or telephone (Toll free 1-877-644-6400).
Please visit our website at mcgowanhood.com for comprehensive information on different types of torts which can lead to catastrophic injuries.
Very truly yours,
McGowan, Hood & Felder, LLC
Kevin Hayne Sitnik, ESQ, 1517 Hampton Street, Columbia, SC 29201
It’s the middle of the night, and you wake up to the sound of someone pelting your new car with eggs. You recognize the assailants as some of the kids in the neighborhood. Your paint job is now ruined, and even though the car is insured, you’re out your $500.00 deductible. Or, your child comes in dazed and confused, bleeding as a result of a rock thrown by one of his ‘friends.’ Of course, you rush him to the doctor for treatment, and await the bills. Surely, you think, the parents of these children can be held responsible to pay for the damages caused by their children. However, many people who have watched one of the daytime courtroom shows have learned that parents are “not an insurer that [their] child will not harm another.”
Instead, the law typically holds children legally responsible for their own conduct, which in many instances will leave the victim without any way to collect on a judgment under the scenarios above, since most children don’t have a great deal of money. There are exceptions to this rule, to be sure, such as if the parent was negligent in supervising the child, or negligent in providing a dangerous object to a child. However, those situations are often difficult to prove.
There is, however, one provision of South Carolina law which still provides relief for parental liability under a particular set of circumstances. Although it has recently changed location, it still exists. South Carolina Code §63-5-60 provides that private individuals, including corporations and partnerships, are “entitled to recover damages in an amount not to exceed five thousand dollars in a civil action ...from the parents or legal guardian ...of a minor under the age of eighteen years and residing with the parents or the legal guardian of the person who maliciously or willfully causes personal injury to the individual or destroys, damages, or steals property....” While the statute limits this liability to malicious or willful acts, it does provide for joint and several liability of the parent up to the $5,000.00. However, it doesn’t cover acts of a child which are merely negligent or accidental, and is limited only to actual damages.
Nevertheless, this statute has its uses, and may cover a wide variety of acts, including bullying and vandalism. Furthermore, it may be useful to have a parent named personally in the suit, for purposes of gathering additional information on the history of the child, insurance coverage, and other facts not readily obtained solely through a subpoenaed deposition of the parent. The parental liability statute can be used to file suit, gather the information referenced above and then amend the complaint to attempt to pursue a remedy for a much larger claim than $5000.00
This statute is perhaps too often overlooked even by experienced attorneys, which may be largely due to the fact that a similar predecessor, S.C. Code §15-75-30 was repealed when the current statute was first added to the Children’s Code. Another reason it is probably overlooked is that it is inappropriately titled: “Parental civil liability for damage to state property.” Although the current statute has not been interpreted by our appellate courts, the clear language used indicates that this liability extends to injuries caused to private citizens, or their property. Thus, this statute may be useful in addition to claims of negligent supervision or negligent entrustment under the right facts.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate Parental Liability cases are constantly updating their education and ability to litigate these types of matters. Kevin Hayne Sitnik, ESQ of McGowan, Hood & Felder has helped to litigate cases that involve parental liability. Kevin Hayne Sitnik is available for consultation by email at ksitnik@mcgowanhood.com or telephone (Toll free 1-877-644-6400).
Please visit our website at mcgowanhood.com for comprehensive information on different types of torts which can lead to catastrophic injuries.
Very truly yours,
McGowan, Hood & Felder, LLC
Kevin Hayne Sitnik, ESQ, 1517 Hampton Street, Columbia, SC 29201
Pharmaceutical Mass Torts
McGowan, Hood & Felder, LLC has handled numerous actions involving mass torts in South Carolina and outside the state. Mass torts are a type of action where a large number of people have been injured through the conduct of one or more companies or people. An example of these types of cases are drugs which are recalled by the food and drug administration to medical devices that are found to cause severe injury to tainted food products which are placed into the stream of commerce. There are multiple areas in which people are exposed to dangerous products by a mass tort.
Attorneys with McGowan, Hood and Felder, LLC have represented clients involving a number of prescription medications, medical devices and food products. Below is a list of drugs or medical products that have either been recalled, had a black box warning attached to the product or had other information which may indicate the drug can cause injury. We currently have clients we are representing against the manufacturers of these products or are investigating the possibility of litigating claims against the manufacturers of these products.
Avandia - This is a pharmaceutical drug generally prescribed for the treatment of diabetes. Literature from a researcher in Canada in May 2007 found an association with the ingestion of this drug and increased chance of a heart attack (and other conditions as well). In November 2007, the FDA required the manufacturer of Avandia to issue warnings of the potential increase in heart attacks that could be caused by taking this drug. If you have a client who had a heart attack while on this medication, please call us today.
Byetta - This is a pharmaceutical drug generally prescribed for the treatment of diabetes. It comes in a pen type apparatus used to inject a type II diabetes drug into the body. Byetta is known to cause pancreatitis and necrotizing pancreatitis. If you have a client who suffered from pancreatitis or necrotizing pancreatitis while on this medication, please call us today.
Duragesic/Fentanyl Pain Patches - This is a pharmaceutical medication generally prescribed for the relief of pain. If used improperly or prescribed improperly, these pain patches can lead to overdose and death. On December 31, 2008, Ortho McNeil Janssen Pharmaceuticals, Inc., a unit of consumer and health care products company Johnson & Johnson, announced that its PriCara division had recalled two lots of 50 mcg Duragesic pain patches. The patches were recalled because of cuts in the products that could expose users directly to the product's powerful Fentanyl gel, causing a potentially fatal overdose. This is the latest in a long line of product recalls and FDA Public Health Advisories that have plagued Fentanyl pain patches over the last several years. If you have a client who has died or was severely injured while on this medication, please call us today.
Gadolinium Contrast Dye - This is a dye used in contrast MRIs. This agent can cause a condition known as nephrogenic systemic fibrosis (NSF). NSF is a horrific condition that leads to devastating medical problems. There are more than 500 NSF cases that are thought to be caused by the Gadolinium contrast agent. If you have a client who suffers from NSF, please call us today.
Raptiva - This is a pharmaceutical drug generally prescribed for the treatment of moderate to severe psoriasis. This drug was removed from the market in April 2009. The FDA has received reports of people on Raptiva contracting progressive multifocal leukoencephalopathy (PML). PML is a rare, serious, progressive neurologic disease caused by a virus that affects the central nervous system. There is no known effective treatment for PML. If you have a client that suffers from PML, please call us today.
Reglan - This is a pharmaceutical medication generally prescribed for gastroesophogeal reflux disease (GERD). It is usually prescribed for 4-12 weeks. The FDA required the manufacturer of the medication to put a black box warning on the drug on February 26, 2009 warning of the side effect of Tardive Dyskinesia. This devastating condition consists of involuntary body movements that can be permanent in nature. The drug seems to affect older women more than any other population. If you have a client that currently suffers from Tardive Dyskinesia and developed the condition while on this medication, please call us today.
Although clients are individually represented in mass tort cases, the system allows for consolidation and streamlining by allowing lawyers for numerous clients to "pool" discovery. Numerous witness depositions and document gathering can be conducted once, with the information centralized and shared among the parties for each individual trial or settlement negotiation. The firm handles cases in North Carolina, South Carolina and Georgia.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate mass tort cases are constantly updating their education and ability to litigate these types of cases. S. Randall Hood of McGowan, Hood & Felder has helped to litigate many cases that involve mass tort claims. S. Randall Hood is available for consultation by email at rhood@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on defective drug recalls.
Very truly yours,
McGowan, Hood & Felder, LLC
S. Randall Hood, 1539 Healthcare Drive, Rock Hill, SC 29732
Attorneys with McGowan, Hood and Felder, LLC have represented clients involving a number of prescription medications, medical devices and food products. Below is a list of drugs or medical products that have either been recalled, had a black box warning attached to the product or had other information which may indicate the drug can cause injury. We currently have clients we are representing against the manufacturers of these products or are investigating the possibility of litigating claims against the manufacturers of these products.
Avandia - This is a pharmaceutical drug generally prescribed for the treatment of diabetes. Literature from a researcher in Canada in May 2007 found an association with the ingestion of this drug and increased chance of a heart attack (and other conditions as well). In November 2007, the FDA required the manufacturer of Avandia to issue warnings of the potential increase in heart attacks that could be caused by taking this drug. If you have a client who had a heart attack while on this medication, please call us today.
Byetta - This is a pharmaceutical drug generally prescribed for the treatment of diabetes. It comes in a pen type apparatus used to inject a type II diabetes drug into the body. Byetta is known to cause pancreatitis and necrotizing pancreatitis. If you have a client who suffered from pancreatitis or necrotizing pancreatitis while on this medication, please call us today.
Duragesic/Fentanyl Pain Patches - This is a pharmaceutical medication generally prescribed for the relief of pain. If used improperly or prescribed improperly, these pain patches can lead to overdose and death. On December 31, 2008, Ortho McNeil Janssen Pharmaceuticals, Inc., a unit of consumer and health care products company Johnson & Johnson, announced that its PriCara division had recalled two lots of 50 mcg Duragesic pain patches. The patches were recalled because of cuts in the products that could expose users directly to the product's powerful Fentanyl gel, causing a potentially fatal overdose. This is the latest in a long line of product recalls and FDA Public Health Advisories that have plagued Fentanyl pain patches over the last several years. If you have a client who has died or was severely injured while on this medication, please call us today.
Gadolinium Contrast Dye - This is a dye used in contrast MRIs. This agent can cause a condition known as nephrogenic systemic fibrosis (NSF). NSF is a horrific condition that leads to devastating medical problems. There are more than 500 NSF cases that are thought to be caused by the Gadolinium contrast agent. If you have a client who suffers from NSF, please call us today.
Raptiva - This is a pharmaceutical drug generally prescribed for the treatment of moderate to severe psoriasis. This drug was removed from the market in April 2009. The FDA has received reports of people on Raptiva contracting progressive multifocal leukoencephalopathy (PML). PML is a rare, serious, progressive neurologic disease caused by a virus that affects the central nervous system. There is no known effective treatment for PML. If you have a client that suffers from PML, please call us today.
Reglan - This is a pharmaceutical medication generally prescribed for gastroesophogeal reflux disease (GERD). It is usually prescribed for 4-12 weeks. The FDA required the manufacturer of the medication to put a black box warning on the drug on February 26, 2009 warning of the side effect of Tardive Dyskinesia. This devastating condition consists of involuntary body movements that can be permanent in nature. The drug seems to affect older women more than any other population. If you have a client that currently suffers from Tardive Dyskinesia and developed the condition while on this medication, please call us today.
Although clients are individually represented in mass tort cases, the system allows for consolidation and streamlining by allowing lawyers for numerous clients to "pool" discovery. Numerous witness depositions and document gathering can be conducted once, with the information centralized and shared among the parties for each individual trial or settlement negotiation. The firm handles cases in North Carolina, South Carolina and Georgia.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate mass tort cases are constantly updating their education and ability to litigate these types of cases. S. Randall Hood of McGowan, Hood & Felder has helped to litigate many cases that involve mass tort claims. S. Randall Hood is available for consultation by email at rhood@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on defective drug recalls.
Very truly yours,
McGowan, Hood & Felder, LLC
S. Randall Hood, 1539 Healthcare Drive, Rock Hill, SC 29732
Wednesday, April 15, 2009
Medical Malpractice Cases
McGowan, Hood, and Felder, LLC is one of the most experienced medical malpractice law firms in the Southeast. Medical Malpractice can come in almost any form from missed test results, to ignorant physicians, to nurses who do not follow doctor’s orders.
After handling so many cases, we can put most malpractice into three categories;
The first - a bad system can take the form of a lack of fail safes in the communication systems. For instance, if an x-ray result gets missed, the system is usually defective. When that happens, it is all participants in the systems fault. This usually comes up in cases where there are missed labs, x-rays, or consults.
The second - good people on a bad day is more difficult to prevent. In these situations, a normally caring, capable provider for whatever reason just does not use their head to look at a patient. Unfortunately, every doctor has to be on their A-game every shift. Anything less can lead to serious bad outcomes for the patient.
The last - bad doctors are the most insidious. Let’s face it; some folks are just not cut out for the medical field. These types generally have a number of claims and a complex about them that refuses to even acknowledge the remote chance that they erred. Holding these defendants responsible is key to deterring their behavior. If they are not held accountable, it only emboldens them and increases the danger to everyone. The true remedy for the bad practitioner is the medical licensing authority, a notoriously lax institution in most states. Generally, civil responsibility is the only remedy.
Regardless of the root cause of the mistake, it is imperative to hold wrongdoers accountable. Not only is that critical to take care of the families devastated by these mistakes, it also serves to make positive changes so others do not suffer the same mistakes.
If you find yourself with a potential medical negligence claim, and need some help in analyzing the situation, do no hesitate to call on our experience to get to the heart of the matter and determine if there was a mistake that can be legally redressed.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate medical malpractice cases are constantly updating their education and ability to litigate these cases.
Chad A. McGowan of McGowan, Hood & Felder has helped to litigate many medical malpractice cases and is available for consultation by email at cmcgowan@mcgowanhood.com or telephone (Toll Free)1-877-327-3800.
Please visit our website at mcgowanhood.com for comprehensive information on medical malpractice.
Very truly yours,
McGowan, Hood & Felder, LLC
Chad A. McGowan, 1539 Healthcare Drive, Rock Hill, SC 29732
After handling so many cases, we can put most malpractice into three categories;
- Good people working under bad systems.
- Good people having a bad day.
- Just plain incompetent and uncaring providers.
The first - a bad system can take the form of a lack of fail safes in the communication systems. For instance, if an x-ray result gets missed, the system is usually defective. When that happens, it is all participants in the systems fault. This usually comes up in cases where there are missed labs, x-rays, or consults.
The second - good people on a bad day is more difficult to prevent. In these situations, a normally caring, capable provider for whatever reason just does not use their head to look at a patient. Unfortunately, every doctor has to be on their A-game every shift. Anything less can lead to serious bad outcomes for the patient.
The last - bad doctors are the most insidious. Let’s face it; some folks are just not cut out for the medical field. These types generally have a number of claims and a complex about them that refuses to even acknowledge the remote chance that they erred. Holding these defendants responsible is key to deterring their behavior. If they are not held accountable, it only emboldens them and increases the danger to everyone. The true remedy for the bad practitioner is the medical licensing authority, a notoriously lax institution in most states. Generally, civil responsibility is the only remedy.
Regardless of the root cause of the mistake, it is imperative to hold wrongdoers accountable. Not only is that critical to take care of the families devastated by these mistakes, it also serves to make positive changes so others do not suffer the same mistakes.
If you find yourself with a potential medical negligence claim, and need some help in analyzing the situation, do no hesitate to call on our experience to get to the heart of the matter and determine if there was a mistake that can be legally redressed.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate medical malpractice cases are constantly updating their education and ability to litigate these cases.
Chad A. McGowan of McGowan, Hood & Felder has helped to litigate many medical malpractice cases and is available for consultation by email at cmcgowan@mcgowanhood.com or telephone (Toll Free)1-877-327-3800.
Please visit our website at mcgowanhood.com for comprehensive information on medical malpractice.
Very truly yours,
McGowan, Hood & Felder, LLC
Chad A. McGowan, 1539 Healthcare Drive, Rock Hill, SC 29732
Monday, March 23, 2009
Bedsore Cases in Nursing Homes and Assisted Living Care Facilities
McGowan, Hood & Felder, LLC has represented numerous clients in regard to personal injury and wrongful death lawsuits against nursing home and assisted living care facilities alleging that the entities failed to prevent bedsores or failed to properly treat them once present. These failures have led to painful injuries and death.
Bedsores, also called pressure sores, pressure ulcers, or decubitus ulcers are areas of damaged skin and tissue that develop when sustained pressure cuts off circulation to vulnerable parts of the body, especially the skin on the buttocks, hips, and heels. Without adequate blood flow, the affected tissue dies. Persons in nursing homes and assisted living facilities are a vulnerable population for this condition because they rely on agents or employees of a long term care facility to assist them with proper positioning to help prevent the occurrence of pressure related ulcers. Bedsores fall into one of four stages based on their severity. The National Pressure Ulcer Advisory Panel, a professional organization dedicated to the prevention and treatment of pressure sores, has defined each stage as follow:
Stage I - Initially, a pressure sore appears as a persistent area of red skin that may itch or hurt and feel warm and spongy or firm to the touch. In blacks, Hispanics, and other people of darker skin, the mark may appear to have a blue or purple hue, or look flaky or ashen. Stage I wounds are superficial and go away shortly after the pressure is relieved.
Stage II - At this point, some skin loss has already occurred - either in the epidermis, the outermost layer of skin, in the dermis, the skin’s deeper layer, or in both. The wound is now an open sore that looks like a blister or an abrasion, and the surrounding tissues may show red or purple discoloration. If treated promptly, Stage II sores usually heal fairly quickly.
Stage III - By the time a pressure ulcer reaches this stage, the damage has extended to the tissue below the skin creating a deep, crater-like wound.
Stage IV - In the most serious and advanced stage, a large-scale loss of skin occurs, along with damages to muscle, bone, and even supporting structures such as tendons and joints. Stage IV wounds are extremely difficult to heal and can lead to lethal infections.
Bed sores usually result from sustained pressure on a vulnerable part of a person’s body. They are especially common in area that aren’t well padded with muscle or fat and that lie just over a bone, such as your spine, tailbone (coccyx), shoulder blades, hips, heels and elbows. Because your skin and the underlying tissues are trapped between bone and a surface such as a wheelchair or bed, blood flow is restricted. This deprives tissue of oxygen and other nutrients and irreversible damage and tissue death can occur.
In general, nursing home residents have higher rates of bedsores than do people who are cared for at home. Family members usually pay greater attention to their loved one than a nursing home or assisted living care facility.
Complications of bedsores include:
Gangrene. Different types of gangrene can occur which can create the need for amputation of a limb. These types of gangrene can occur over days or suddenly and changes in tissues are noticeable (the affected area changes color as the tissue dies).
Sepsis. Once of the greatest dangers of an advanced pressure sore, sepsis occurs when bacteria from a massive infection enter your bloodstream and spread throughout your body - a rapidly progressing, life-threatening condition that can cause shock and organ failure.
Necrotizing fasciitis. This rapidly spreading infection destroys the layers of tissue that surround your muscles. Initial signs and symptoms include fever, pain and massive swelling. Without treatment, death can occur in as little as 12 to 24 hours.
Cellulitis. This acute infection of your skin’s connective tissue causes pain, redness and swelling, all of which can be severe. Cellulitis can also lead to life-threatening complications, including sepsis and meningitis - an infection of the membrane and fluid surround your brain and spinal cord.
Bone and joint infections. These develop when the infection from a bedsore burrows deep into your joints and bones. Joint infections (septic or infectious arthritis) can damage cartilage and tissue within days, whereas bone infections (osteomyelitis) may fester for years if not treated. Eventually, bone infections can lead to bone death and reduced function of your joints and limbs.
According to a federal government study, 30 percent of U.S. nursing homes were cited for almost 9,000 cases of abuse between January 1999 and January 2001. This may be an understatement of the problem since incidents of abuse and neglect often go unreported.
The problem of nursing home abuse and neglect will not go away in the foreseeable future. As the baby boom generation ages, the demand for nursing home care continues to grow. Nearly 17,000 nursing homes in the United States currently care for 1.6 million residents, and that number is expected to quadruple to 6.6 million residents by 2050. These staggering numbers will dramatically increase the stressors on a system already crippled by staff shortages, poor working conditions, lack of supervision, and inadequate training.
Some of the attorneys at McGowan, Hood & Felder are well versed in how to decipher nursing home records and determine the cause and complications of bedsores. We have an on-staff nurse that assists with an initial impression of whether a case has merit or not. Our lawyers have been litigating nursing home cases for many years. We aggressively litigate nursing home cases and strive to provide our clients with top tier representation.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys of our firm who litigate nursing home cases are constantly updating their education and ability to resolve nursing home cases. W. Jones Andrews, Jr. of McGowan, Hood & Felder has helped to litigate many nursing home cases. W. Jones Andrews, Jr. is currently litigating nursing home cases and is available for consultation by email at jandrews@mcgowanhood.com or telephone (Toll free) 1-877-644-6400.
Please visit our website at www.mcgowanhood.com for comprehensive information on nursing home abuse and neglect. (Toll free 1-877-327-3800).
Very truly yours,
McGowan, Hood & Felder, LLC
W. Jones Andrews, 1517 Hampton Street, Columbia, SC 29201
Bedsores, also called pressure sores, pressure ulcers, or decubitus ulcers are areas of damaged skin and tissue that develop when sustained pressure cuts off circulation to vulnerable parts of the body, especially the skin on the buttocks, hips, and heels. Without adequate blood flow, the affected tissue dies. Persons in nursing homes and assisted living facilities are a vulnerable population for this condition because they rely on agents or employees of a long term care facility to assist them with proper positioning to help prevent the occurrence of pressure related ulcers. Bedsores fall into one of four stages based on their severity. The National Pressure Ulcer Advisory Panel, a professional organization dedicated to the prevention and treatment of pressure sores, has defined each stage as follow:
Stage I - Initially, a pressure sore appears as a persistent area of red skin that may itch or hurt and feel warm and spongy or firm to the touch. In blacks, Hispanics, and other people of darker skin, the mark may appear to have a blue or purple hue, or look flaky or ashen. Stage I wounds are superficial and go away shortly after the pressure is relieved.
Stage II - At this point, some skin loss has already occurred - either in the epidermis, the outermost layer of skin, in the dermis, the skin’s deeper layer, or in both. The wound is now an open sore that looks like a blister or an abrasion, and the surrounding tissues may show red or purple discoloration. If treated promptly, Stage II sores usually heal fairly quickly.
Stage III - By the time a pressure ulcer reaches this stage, the damage has extended to the tissue below the skin creating a deep, crater-like wound.
Stage IV - In the most serious and advanced stage, a large-scale loss of skin occurs, along with damages to muscle, bone, and even supporting structures such as tendons and joints. Stage IV wounds are extremely difficult to heal and can lead to lethal infections.
Bed sores usually result from sustained pressure on a vulnerable part of a person’s body. They are especially common in area that aren’t well padded with muscle or fat and that lie just over a bone, such as your spine, tailbone (coccyx), shoulder blades, hips, heels and elbows. Because your skin and the underlying tissues are trapped between bone and a surface such as a wheelchair or bed, blood flow is restricted. This deprives tissue of oxygen and other nutrients and irreversible damage and tissue death can occur.
In general, nursing home residents have higher rates of bedsores than do people who are cared for at home. Family members usually pay greater attention to their loved one than a nursing home or assisted living care facility.
Complications of bedsores include:
Gangrene. Different types of gangrene can occur which can create the need for amputation of a limb. These types of gangrene can occur over days or suddenly and changes in tissues are noticeable (the affected area changes color as the tissue dies).
Sepsis. Once of the greatest dangers of an advanced pressure sore, sepsis occurs when bacteria from a massive infection enter your bloodstream and spread throughout your body - a rapidly progressing, life-threatening condition that can cause shock and organ failure.
Necrotizing fasciitis. This rapidly spreading infection destroys the layers of tissue that surround your muscles. Initial signs and symptoms include fever, pain and massive swelling. Without treatment, death can occur in as little as 12 to 24 hours.
Cellulitis. This acute infection of your skin’s connective tissue causes pain, redness and swelling, all of which can be severe. Cellulitis can also lead to life-threatening complications, including sepsis and meningitis - an infection of the membrane and fluid surround your brain and spinal cord.
Bone and joint infections. These develop when the infection from a bedsore burrows deep into your joints and bones. Joint infections (septic or infectious arthritis) can damage cartilage and tissue within days, whereas bone infections (osteomyelitis) may fester for years if not treated. Eventually, bone infections can lead to bone death and reduced function of your joints and limbs.
According to a federal government study, 30 percent of U.S. nursing homes were cited for almost 9,000 cases of abuse between January 1999 and January 2001. This may be an understatement of the problem since incidents of abuse and neglect often go unreported.
The problem of nursing home abuse and neglect will not go away in the foreseeable future. As the baby boom generation ages, the demand for nursing home care continues to grow. Nearly 17,000 nursing homes in the United States currently care for 1.6 million residents, and that number is expected to quadruple to 6.6 million residents by 2050. These staggering numbers will dramatically increase the stressors on a system already crippled by staff shortages, poor working conditions, lack of supervision, and inadequate training.
Some of the attorneys at McGowan, Hood & Felder are well versed in how to decipher nursing home records and determine the cause and complications of bedsores. We have an on-staff nurse that assists with an initial impression of whether a case has merit or not. Our lawyers have been litigating nursing home cases for many years. We aggressively litigate nursing home cases and strive to provide our clients with top tier representation.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys of our firm who litigate nursing home cases are constantly updating their education and ability to resolve nursing home cases. W. Jones Andrews, Jr. of McGowan, Hood & Felder has helped to litigate many nursing home cases. W. Jones Andrews, Jr. is currently litigating nursing home cases and is available for consultation by email at jandrews@mcgowanhood.com or telephone (Toll free) 1-877-644-6400.
Please visit our website at www.mcgowanhood.com for comprehensive information on nursing home abuse and neglect. (Toll free 1-877-327-3800).
Very truly yours,
McGowan, Hood & Felder, LLC
W. Jones Andrews, 1517 Hampton Street, Columbia, SC 29201
Federal Court cases in SC
McGowan, Hood & Felder LLC has handled numerous actions in the federal courts, both here in the District of South Carolina and outside the state. The cases have ranged from catastrophic injury (trucking accidents, products liability, etc.) to complex anti-trust class actions.
Federal court in South Carolina has several advantages: a single judge who will get to know your case, rapid resolution of motions and other issues, and more certainty in trial scheduling. On the other hand, there are a number of pitfalls that can trip up even experienced trial attorneys.
Some of these pitfalls include:
Judges’ Individual Preferences and Orders: Each judge in the United States District Court for the State of South Carolina has their own judicial preferences for motions and trial matters. For instance, a motion to compel filed in a case before a certain judge without first contacting their chambers by phone will be summarily denied. A particular judge does not allow the use of “/s” to sign pleadings, rather, the signature of the attorney must be electronically scanned and pasted onto the document. These judicial requirements are on the South Carolina Federal Court Website and each judge has their own preferences.
Extensions of Time: Local Rule 6.01 to the Federal Rules of Civil Procedure has intricate requirements for motions and consent orders extending time. These include: an explanation of the reasons why the extension is needed, a proposed amended scheduling order attached to the motion, and a statement as to whether the requested extension will affect other deadlines.
Missing or Incomplete Discovery Responses: If opposing counsel fails to respond to discovery, or fails to respond fully and appropriately, you have only 20 days to file a motion to compel. If a motion is not filed within 20 days, the right to do so is waived and you are stuck with the improper responses.
Deadlines for Responses: The computer-generated ECF deadline for a response or other action controls, even over the federal rules, unless a judge has ordered a different date.
Unable to Serve within 120 Days: If the plaintiff cannot serve a defendant within 120 days of filing, the plaintiff must notify the court and other parties in writing and explain why no service has been made.
Court Interrogatories on First Appearance: The first time a party appears in an action, that party must answer court-ordered interrogatories set forth in Local Rule 26.01.
Expert Witnesses: Expert witnesses must be identified in discovery AND a party must produce an affidavit of the expert’s opinions, trial and deposition testimony for the last four years, rate of compensation and other information in regard to the expert. This requirement is a quagmire and can entrap the most experienced of litigators.
There are multiple differences between filing a matter in state court versus federal court. There are times you can file in federal court and a case is swept up as a “tag-along” case to a matter involving multi district litigation. This “MDL scenario has many different permutations too numerous to discuss in this limited forum.
Our attorneys are experienced in federal court, multi district litigation (MDL) and class action matters. Some of the attorneys at McGowan, Hood & Felder are former federal law clerks. We can assist in cases where your case may have been unexpectedly removed to federal court and also discuss the pros and cons of proceeding in federal court in an action you are contemplating filing.
William A. (“Bill”) McKinnon of McGowan, Hood and Felder is a former law clerk to Judge Joseph Anderson, Jr. on the District of South Carolina and Judge Andrew Kleinfeld on the Ninth Circuit Court of Appeals. He is available for consultation by email at bmckinnon@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Very truly yours,
McGowan, Hood & Felder, LLC
William A. McKinnon, 1539 Healthcare Drive, Rock Hill, SC 29732
Federal court in South Carolina has several advantages: a single judge who will get to know your case, rapid resolution of motions and other issues, and more certainty in trial scheduling. On the other hand, there are a number of pitfalls that can trip up even experienced trial attorneys.
Some of these pitfalls include:
Judges’ Individual Preferences and Orders: Each judge in the United States District Court for the State of South Carolina has their own judicial preferences for motions and trial matters. For instance, a motion to compel filed in a case before a certain judge without first contacting their chambers by phone will be summarily denied. A particular judge does not allow the use of “/s” to sign pleadings, rather, the signature of the attorney must be electronically scanned and pasted onto the document. These judicial requirements are on the South Carolina Federal Court Website and each judge has their own preferences.
Extensions of Time: Local Rule 6.01 to the Federal Rules of Civil Procedure has intricate requirements for motions and consent orders extending time. These include: an explanation of the reasons why the extension is needed, a proposed amended scheduling order attached to the motion, and a statement as to whether the requested extension will affect other deadlines.
Missing or Incomplete Discovery Responses: If opposing counsel fails to respond to discovery, or fails to respond fully and appropriately, you have only 20 days to file a motion to compel. If a motion is not filed within 20 days, the right to do so is waived and you are stuck with the improper responses.
Deadlines for Responses: The computer-generated ECF deadline for a response or other action controls, even over the federal rules, unless a judge has ordered a different date.
Unable to Serve within 120 Days: If the plaintiff cannot serve a defendant within 120 days of filing, the plaintiff must notify the court and other parties in writing and explain why no service has been made.
Court Interrogatories on First Appearance: The first time a party appears in an action, that party must answer court-ordered interrogatories set forth in Local Rule 26.01.
Expert Witnesses: Expert witnesses must be identified in discovery AND a party must produce an affidavit of the expert’s opinions, trial and deposition testimony for the last four years, rate of compensation and other information in regard to the expert. This requirement is a quagmire and can entrap the most experienced of litigators.
There are multiple differences between filing a matter in state court versus federal court. There are times you can file in federal court and a case is swept up as a “tag-along” case to a matter involving multi district litigation. This “MDL scenario has many different permutations too numerous to discuss in this limited forum.
Our attorneys are experienced in federal court, multi district litigation (MDL) and class action matters. Some of the attorneys at McGowan, Hood & Felder are former federal law clerks. We can assist in cases where your case may have been unexpectedly removed to federal court and also discuss the pros and cons of proceeding in federal court in an action you are contemplating filing.
William A. (“Bill”) McKinnon of McGowan, Hood and Felder is a former law clerk to Judge Joseph Anderson, Jr. on the District of South Carolina and Judge Andrew Kleinfeld on the Ninth Circuit Court of Appeals. He is available for consultation by email at bmckinnon@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Very truly yours,
McGowan, Hood & Felder, LLC
William A. McKinnon, 1539 Healthcare Drive, Rock Hill, SC 29732
Child Birth Injury Cases
McGowan, Hood & Felder, LLC has represented numerous clients in regard to personal injury and wrongful death lawsuits against physicians and hospitals alleging that the medical practitioners failed to heed warning signs occurring during an impending birth. These situations have led to catastrophic injuries for infants and their families who trusted their medical professional.
Our clients have alleged, among other things, that the medical providers may have ignored or failed to recognize non reassuring fetal heart patterns on an electronic fetal monitor strip including, but not limited to, late decelerations, decreased variability, variable decelerations, higher than normal heart rate (tachycardia) or lower than normal heart rate (bradycardia). These failures by a medical professional can lead to hypoxia (lack of oxygen) in a fetus which can have catastrophic circumstances.
Despite recognized treatises and articles on the potential ramifications of failure to heed warnings from fetal monitor strips; medical practitioners continue to ignore this valuable diagnostic tool during the delivery of a child. A nurse is supposed to be the eyes and ears of the physician and has the ability to decipher the fetal monitor strips. If the nurse fails to do her or his job, the physician is left to tend to an emergency situation. If the nurse fails to heed the warning signs and the doctor supervising the nurse fails to heed warning signs, ominous situations can arise which can lead to catastrophic circumstances for a child.
In addition to fetal monitor strips, the attorneys at McGowan, Hood & Felder have litigated cases involving vacuum extraction and forceps. The failure to use these instruments properly during a delivery can lead to severe injury. Additionally, if a child is born in a jaundiced state (sometimes caused by a condition known as “hyperbilirubinemia”) that is not treated properly, a child can suffer a brain injury which can have catastrophic circumstances. One of the other increasing problems surrounding the birth process is the increasing use of pitiocin to augment or facilitate labor which can lead to a hyper stimulated uterus which can “squeeze” the baby’s head for a prolonged period of time and result in brain injury.
Some of the attorneys at our law firm are versed in how to read fetal monitor strips, decipher medical records and determine the cause of a catastrophic injury to a child. We have a nurse on staff that assists with an initial impression of whether a case has merit or not. McGowan, Hood & Felder has been litigating birth injury cases for many years. We aggressively litigate each case and provide each client with high-level, individual representation. While we have reached favorable settlements with medical practitioners on numerous birth injury cases, medical practitioners across South Carolina continue to deliver children who suffer injury at birth.
The types of injuries which can occur to a child include cognitive injury, physical disability, or death. These injuries can sometimes manifest themselves through a condition known as “cerebral palsy” which can have life care plans in the tens of millions of dollars.
Issues involving interpretation of fetal monitoring strips, causation of injury to the child, the type of injury suffered at birth, the types of experts needed in the case and the presentation of damages which arise in almost every case requires careful analysis by our attorneys and retained experts. The types of experts we have utilized in these types of cases include perinatologists, obstetricians, neonatologists, pediatric neurologists, pediatric neuroradiologists, geneticists, nurses, life care planners, vocational experts and economists. In addition to our retained experts, we have a highly skilled legal nurse on staff that assists our attorneys in the review of clients’ medical records and helps in the prosecution of these complex cases.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate medical malpractice cases are constantly updating their education and ability to litigate birth injury cases. S. Randall Hood of McGowan, Hood & Felder has helped to litigate many birth injury and medical malpractice cases. S. Randall Hood is currently litigating multiple birth injury cases and is available for consultation by email at rhood@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on birth injuries.
Very truly yours,
McGowan, Hood & Felder, LLC
S. Randall Hood, 1539 Healthcare Drive, Rock Hill, SC 29732
Our clients have alleged, among other things, that the medical providers may have ignored or failed to recognize non reassuring fetal heart patterns on an electronic fetal monitor strip including, but not limited to, late decelerations, decreased variability, variable decelerations, higher than normal heart rate (tachycardia) or lower than normal heart rate (bradycardia). These failures by a medical professional can lead to hypoxia (lack of oxygen) in a fetus which can have catastrophic circumstances.
Despite recognized treatises and articles on the potential ramifications of failure to heed warnings from fetal monitor strips; medical practitioners continue to ignore this valuable diagnostic tool during the delivery of a child. A nurse is supposed to be the eyes and ears of the physician and has the ability to decipher the fetal monitor strips. If the nurse fails to do her or his job, the physician is left to tend to an emergency situation. If the nurse fails to heed the warning signs and the doctor supervising the nurse fails to heed warning signs, ominous situations can arise which can lead to catastrophic circumstances for a child.
In addition to fetal monitor strips, the attorneys at McGowan, Hood & Felder have litigated cases involving vacuum extraction and forceps. The failure to use these instruments properly during a delivery can lead to severe injury. Additionally, if a child is born in a jaundiced state (sometimes caused by a condition known as “hyperbilirubinemia”) that is not treated properly, a child can suffer a brain injury which can have catastrophic circumstances. One of the other increasing problems surrounding the birth process is the increasing use of pitiocin to augment or facilitate labor which can lead to a hyper stimulated uterus which can “squeeze” the baby’s head for a prolonged period of time and result in brain injury.
Some of the attorneys at our law firm are versed in how to read fetal monitor strips, decipher medical records and determine the cause of a catastrophic injury to a child. We have a nurse on staff that assists with an initial impression of whether a case has merit or not. McGowan, Hood & Felder has been litigating birth injury cases for many years. We aggressively litigate each case and provide each client with high-level, individual representation. While we have reached favorable settlements with medical practitioners on numerous birth injury cases, medical practitioners across South Carolina continue to deliver children who suffer injury at birth.
The types of injuries which can occur to a child include cognitive injury, physical disability, or death. These injuries can sometimes manifest themselves through a condition known as “cerebral palsy” which can have life care plans in the tens of millions of dollars.
Issues involving interpretation of fetal monitoring strips, causation of injury to the child, the type of injury suffered at birth, the types of experts needed in the case and the presentation of damages which arise in almost every case requires careful analysis by our attorneys and retained experts. The types of experts we have utilized in these types of cases include perinatologists, obstetricians, neonatologists, pediatric neurologists, pediatric neuroradiologists, geneticists, nurses, life care planners, vocational experts and economists. In addition to our retained experts, we have a highly skilled legal nurse on staff that assists our attorneys in the review of clients’ medical records and helps in the prosecution of these complex cases.
The attorneys at our firm work closely with referring attorneys to bring a case to successful resolution. The attorneys in our firm who litigate medical malpractice cases are constantly updating their education and ability to litigate birth injury cases. S. Randall Hood of McGowan, Hood & Felder has helped to litigate many birth injury and medical malpractice cases. S. Randall Hood is currently litigating multiple birth injury cases and is available for consultation by email at rhood@mcgowanhood.com or telephone (Toll free 1-877-327-3800).
Please visit our website at mcgowanhood.com for comprehensive information on birth injuries.
Very truly yours,
McGowan, Hood & Felder, LLC
S. Randall Hood, 1539 Healthcare Drive, Rock Hill, SC 29732
Wednesday, February 4, 2009
Peanut Butter
On January 13, 2009, Peanut Corporation of America (PCA), the manufacturer of King Nut peanut butter, announced a voluntary recall of peanut butter produced in its Blakely, Georgia processing facility produced on or after July 1, 2008, that had specific lot numbers and descriptions. More information regarding the recall is available on the FDA website and McGowan, Hood & Felder. The peanut butter being recalled is sold in bulk and distributed to institutions, food service industries, and private label food companies, under different names, including Parnell's Pride and King Nut.
The government has advised consumers to avoid eating cookies, cakes, ice cream and other foods containing peanut butter until health officials learn more about the contamination.
The FDA has created a searchable list of recalled products and brands on the agency's Web site. Salmonella, a bacteria, is the most common cause of food poisoning in the U.S., causing diarrhea, cramping and fever.
Kellogg Co. recalled 16 products last week, including Keebler Soft Batch Homestyle Peanut Butter Cookies, Famous Amos Peanut Butter Cookies, and Keebler Cheese & Peanut Butter Sandwich Crackers.
Kroger, the nation's largest traditional grocery chain, recalled Private Selection Peanut Butter Passion Ice Cream sold in stores named City Market, Fred Meyer, Fry's, King Scoopers, QFC and Smith's in 11 states, primarily in the West. The Cincinnati‑based Company said the ice cream was not sold in its namesake Kroger stores or any other retailers it operates.
Golden Valley, Minn.‑based General Mills said Monday afternoon that it was recalling two flavors of snack bars: LARABAR Peanut Butter Cookie and JamFrakas Peanut Butter Blisscrisp. General Mills said the recall did not affect any other products it makes.
Clif Bar & Co.'s also Monday recalled some Clif branded bars - including some under Luna and Clif Mojo labels - sold in the U.S. and Canada that contain peanut butter made by Peanut Corp. Clif Bar makes all‑natural and organic foods and drinks.
Safeway said some of the products it makes, including Ready Pack Eating Right Kids Apples with Peanut Butter and Orchard Valley Harvest's Organic Bark Peanut Butter Cookies and Cream, may use peanut butter involved in the recall and asked customers to throw them out or return them to the store for a full refund.
Meijer, which operates 181 stores in Michigan, Indiana, Illinois, Ohio and Kentucky, said Monday it was voluntarily recalling two types of crackers - Meijer brand Cheese and Peanut Butter, and Toasty Peanut Butter - and two varieties of ice cream: Peanut Butter and Jelly, and Peanut Butter Cup.
Most persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12-72 hours after infection. The illness usually lasts 4 to 7 days. Infants, elderly persons, and those with impaired immune systems are more likely than others to develop severe illness. Call us now to determine your legal rights if you think you have suffered from salmonella poisoning. For more information on peanut butter or food poisoning, please contact McGowan, Hood & Felder LLC at (Toll free 1-877-327-3800) or www.mcgowanhood.com for a free consultation.
The government has advised consumers to avoid eating cookies, cakes, ice cream and other foods containing peanut butter until health officials learn more about the contamination.
The FDA has created a searchable list of recalled products and brands on the agency's Web site. Salmonella, a bacteria, is the most common cause of food poisoning in the U.S., causing diarrhea, cramping and fever.
Kellogg Co. recalled 16 products last week, including Keebler Soft Batch Homestyle Peanut Butter Cookies, Famous Amos Peanut Butter Cookies, and Keebler Cheese & Peanut Butter Sandwich Crackers.
Kroger, the nation's largest traditional grocery chain, recalled Private Selection Peanut Butter Passion Ice Cream sold in stores named City Market, Fred Meyer, Fry's, King Scoopers, QFC and Smith's in 11 states, primarily in the West. The Cincinnati‑based Company said the ice cream was not sold in its namesake Kroger stores or any other retailers it operates.
Golden Valley, Minn.‑based General Mills said Monday afternoon that it was recalling two flavors of snack bars: LARABAR Peanut Butter Cookie and JamFrakas Peanut Butter Blisscrisp. General Mills said the recall did not affect any other products it makes.
Clif Bar & Co.'s also Monday recalled some Clif branded bars - including some under Luna and Clif Mojo labels - sold in the U.S. and Canada that contain peanut butter made by Peanut Corp. Clif Bar makes all‑natural and organic foods and drinks.
Safeway said some of the products it makes, including Ready Pack Eating Right Kids Apples with Peanut Butter and Orchard Valley Harvest's Organic Bark Peanut Butter Cookies and Cream, may use peanut butter involved in the recall and asked customers to throw them out or return them to the store for a full refund.
Meijer, which operates 181 stores in Michigan, Indiana, Illinois, Ohio and Kentucky, said Monday it was voluntarily recalling two types of crackers - Meijer brand Cheese and Peanut Butter, and Toasty Peanut Butter - and two varieties of ice cream: Peanut Butter and Jelly, and Peanut Butter Cup.
Most persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12-72 hours after infection. The illness usually lasts 4 to 7 days. Infants, elderly persons, and those with impaired immune systems are more likely than others to develop severe illness. Call us now to determine your legal rights if you think you have suffered from salmonella poisoning. For more information on peanut butter or food poisoning, please contact McGowan, Hood & Felder LLC at (Toll free 1-877-327-3800) or www.mcgowanhood.com for a free consultation.
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