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Wrongful Death Archives

In February 2016, a Missouri jury ordered the pharmaceutical giant, Johnson & Johnson, to pay $72 million for the wrongful death of Jacqueline Fox. Fox was diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc for feminine hygiene purposes, for more than thirty-five years.

Punitive Damages Awarded by Jurors

Fox’s family claimed Johnson & Johnson was well aware of the link between ovarian cancer and the use of talcum powder for feminine hygiene, yet issued no warnings to women. Fox died a few months prior to the beginning of the trial, yet in depositions said she wanted other women to know of the potential dangers from using talcum powder. The Fox wrongful death settlement was split into $10 million in compensatory damages and $62 million in punitive damages.

Just over two months later, a second Missouri jury awarded plaintiff Gloria Ristesund $55 million for her talcum powder product liability claim. Ristesund also said she used J & J baby powder with talc and Shower to Shower regularly for more than three decades, then developed ovarian cancer in 2011. Ristesund’s award was split into $5 million in compensatory damages and $50 million in punitive damages.

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hands-981400_1920In 2010, there were more than 40 million people over the age of 65 in the United States. These baby boomers currently represent the largest segment of our population, resulting in many of our elderly being placed in nursing homes when they are no longer able to care for themselves. Abuse and neglect may occur in these facilities; while the actual statistics on nursing home abuse and neglect are somewhat fuzzy, some feel as many as 40% of all nursing home residents are either neglected or abused in some way.

According to a study by Cornell University and the New York City Department for the Aging, the actual incidence of elder abuse is as much as 24 times greater than those cases that are referred to legal authorities or social services. A 2000 study conducted by National Center on Elder Abuse, found that more than 50% of nursing home staff admit to mistreating or neglecting patients in one way or another—a dismaying statistic.

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Generally speaking, if you are injured while working a construction job, you are entitled to workers’ compensation benefits, including payment of medical expenses and some compensation for lost income. Workers’ compensation construction-9-1230280 (1)benefits typically prohibit a construction worker from suing their employer; however, a workers’ compensation claim only requires the employee to show an injury occurred while on the job. There are certain circumstances, though, where other parties may be liable for construction injuries, which may result in the ability to file a third-party lawsuit in conjunction with a workers’ compensation claim. Some of the most common accidents on a project site are caused by falling from heights (scaffolding, rooftops, ladders) and being struck by a falling load or object.

Construction Injury Liability: Who is Responsible?

Liability in a third-party construction injury lawsuit may include the construction site owner, the general contractor, a sub-contractor, the manufacturer of faulty equipment and any other third-party that contributed to the injury due to negligence or gross misconduct. An important factor in construction injury liability for site owners and contractors is the degree of control that they have in a particular environment. The degree of control the construction site owner and contractors have over the premises and the work being conducted help determine if, and to what extent, they may be responsible for an injury that occurs on a construction site and under their supervision.

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WrongfulDeathIn personal injury cases that result in death, the family members and loved ones of the decedent often wonder if they can file a lawsuit. These types of cases are known as wrongful death lawsuits, and they are a common kind of personal injury case. While every state has its own specific rules that govern wrongful death cases, there are a number of common questions that many people have about these types of situations. Today, we’re going to take a look at some common questions surrounding wrongful death.

What is wrongful death?

Wrongful death is the legal term that describes the death of someone that results from someone else’s wrongdoing, negligence, or intentional action. In a wrongful death case, the person who has died can obviously not file a lawsuit him or herself. Instead, that person’s spouse, parents, children, or even other family members can file a lawsuit for wrongful death.

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Learn More About Wrongful Death

A death caused by the negligent or unjust actions of another individual is referred to as a wrongful death. While all deaths are devastating to the family and friends of the deceased, wrongful deaths can be exceptionally traumatic due to the fact that they could have been prevented. A variety of accidents and intentional harms can lead to the wrongful death of others, including car accidents, medical malpractice, product liability, workplace negligence, and even acts of violence or murder. When the numbers are added up, it is clear to see how unfortunately common wrongful deaths can be.

Wrongful Death Statistics

According to the Centers for Disease Control and Prevention, over 37,000 prescription drug-related fatalities occurred in 2009. The Department of Transportation reports that for the same year, 33,883 traffic accident fatalities occurred. Workplace accidents also contribute significantly, with over 4,500 accident-related fatalities reported in 2010 by the Bureau of Labor Statistics. And, research published in the Journal of the American Medical Association suggests that approximately 225,000 individuals die each year as a result of medical malpractice.

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Guns Loom Large in Childhood Death Statistics

You can’t go more than a couple of months without seeing another news headline about a school shooting, or a shooting incident involving a child. While these stories are shocking, school shootings account for only a small number of the gun-related injuries and fatalities that children suffer every year as a result of gunshots. In fact, most gun injuries happen in the home and at the hands of other children who had no intention of hurting anybody.

Children & Gun Deaths 

According to a recent study presented to a conference of the American Academy of Pediatrics, over 500 children die every year from gunshot wounds. That number represents a 60 percent increase in a single decade. Handguns, by far, account for the most injuries and deaths. Over 80 percent of all children who are injured by firearms suffer injuries inflicted by handguns.

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Wrongful Death: What You Need to Know

When someone dies as the result of another person’s actions, this can lead to a wrongful death lawsuit. In a wrongful death claim, the person who caused another person’s death can be held liable. These types of cases commonly occur after, for example, a patient dies as a result of the doctor’s malpractice, a worker gets killed while on the job, or the driver or passenger of a vehicle dies as a result of a car crash.

Liability in Wrongful Death

Just like other personal injury lawsuits, wrongful death claims are dependent on the laws of the individual state where the death occurs. In all states, someone filing a wrongful death lawsuit has to show that the person, organization, or government agency they claim caused the death, known as the defendant, is legally responsible, or liable.

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