Personal Injury Law Blogs

Incretin Mimetics MDL Established in California District Court

Byetta, Januvia, Janumet and Victoza are all diabetes treatments in a class of drugs known as incretin mimetics. Used to stabilize blood glucose levels in patients who suffer Type 2 diabetes, the medications have been linked to potentially life-threatening side effects including an increased risk of acute pancreatitis and pancreatic cancer. Since their launch on the U.S. market, incretin mimetics have been the subject of escalating litigation, with plaintiffs filing Januvia and Byetta lawsuits in state and federal courts across the country. Allegations state that the drug manufacturers knew of pancreatic risks, but failed to adequately warn both consumers and their prescribing health care providers – essentially putting profits over patient safety.

Federal Januvia and Byetta lawsuits consolidated for pretrial proceedings

Following oral arguments that were presented this August, the United States Judicial Panel on Multidistrict Litigation (JPML) has decided to coordinate all qualifying incretin mimetic lawsuits involving Januvia, Janumet, Byetta and Victoza as multidistrict litigation (MDL) to help streamline pretrial proceedings and reduce burdens on the federal judicial system. Claims to be centralized as part of the RE: Incretin Mimetics Products Liability Litigation must have been filed in district courts and involve allegations that the medications caused cancer of the pancreas. According to the transfer order that was given on August 26, the Southern District of California has been chosen for the MDL, which will be overseen by U.S. District Judge Anthony J. Battaglia.

The purpose of multidistrict litigation, which consolidates federal claims involving similar allegations and common questions of fact, is to avoid conflicting judicial rulings and prevent duplicative discovery that may result if the cases didn’t share in the pretrial processes. By coordinating discovery proceedings and pretrial motions before one judge, both the defendants and plaintiffs save money and time. Economy and efficiency are two primary goals of MDL, which typically functions well for civil litigation involving defective medical devices or complex pharmaceutical cases. Plaintiffs’ lawyers can pool resources and coordinate their efforts – helping reduce litigation costs for claimants.

Court dockets show that at least 50 product liability lawsuits involving incretin mimetics and pancreatic cancer have been filed in the federal court system, though the majority of these claims were brought in the U.S. District Court for the Southern District of California. Legal insiders predict the incretin mimetics MDL will grow substantially in the coming months as some studies have indicated that Januvia and Byetta exposure can double the risk of developing acute pancreatitis – a known precursor to pancreatic cancer. As more lawsuits are filed over purported side effects of incretin mimetics, the multidistrict litigation could eventually amass thousands of complaints.

FDA investigates pancreatic cancer risks of incretin mimetics

In March 2013, the U.S. Food and Drug Administration (FDA) issued a communication stating it was investigating research concerning the safety of incretin mimetics and risks of pancreatic toxicity. Although federal regulators have yet to issue conclusive warnings on pancreatic cancer risks posed to patients who take Byetta, Januvia and other incretin mimetics, it did report on the possibility of increased risks for pre-cancerous findings.

In the safety communication, the FDA states it was currently “evaluating unpublished new findings by a group of academic researchers that suggest an increased risk of pancreatitis and pre-cancerous cellular changes called pancreatic duct metaplasia in patients with type 2 diabetes treated with a class of drugs called incretin mimetics.”

Individuals who developed pancreatic cancer after taking any combination of incretin mimetics and pursued legal recourse are demanding compensation for their related medical expenses, lost wages, diminished earning capacity and pain and suffering. Pancreatic cancer is one of the most deadly forms of the disease and has just a five-year survival rate for most patients.

Those who have suffered adverse side effects from Januvia, Janumet, Byetta or Victoza are encouraged to speak with their physician immediately and consult an experienced lawyer about filing a product liability lawsuit. Attorneys throughout the nation are offering free case evaluations to help individuals determine if they may be eligible for recovering damages through filing Januvia and Byetta lawsuits.

The Past, Present, and Future of Denied Claims

The dynamic among insurance companies, their employees, policyholders, doctors and lawyers rages and swirls together like a category five hurricane. At times it blows away our optimism, we despise the greed and insensitivity of insurance companies. This blog is to explore why this happens and what the future has in store after the Affordable Care Act is fully enacted.

First, what causes this storm of conflicting interest?

The goal of a corporate entity is to provide returns to shareholders, to make profits, to grow their business. Insurance companies are corporate entities and, as the AAJ puts it: “Unfortunately, that dedication to shareholders comes at the expense of policyholders.”  Policyholders want their safety net and want to be covered when the unexpected accident occurs. What we’ve seen leading up to the health care reform is the gradual shift to insurance companies behaving like a consumer product based corporation instead of thinking in terms of the service they provide to their policyholders.

Their desire to constantly bring in more money and cut costs lead to the need for health care reform and, in large part, is what built the personal injury law industry. Lawyers have to fight the insurance company’s desire to deny claims for the policyholder who needs them.

What percentage of claims are denied?

This information get’s hard to find. There are plenty of horror stories out there about people who have had to suffer tremendously before they could ever get the money they deserved. There are companies who use manipulated computer systems to determine lower rates. The majority of insurance companies have continued to see increases in profits while also raising their premiums.  But putting a percentage to the number of people with denied claims changes from study to study because of bias.

The most unbiased research I could find was research done by the American Medical Association, mainly influenced by doctors, in their 2013 National Health Insurance Report Card. The percentage of denials ranges from 1.38%-5.07% amongst different companies. Of course this does not include the percentage of people who are denied health insurance coverage at all.

What is the Affordable Care Act going to do for people with denied claims?

During the health care reform debate, insurance companies spent over 85 million trying to keep the reforms from taking place. A year after the reforms of 2010, insurance companies were still increasing profits and achieving their highest levels of profitability yet.

However, the ACA has implemented much to improve the transparency and integrity of the health insurance industry. Insurance companies have to provide clear, plain language instructions to appeal a denied claim. Any time a company wants to raise its premiums it must provide policyholders with clear explanations first. Eighty percent of premiums must be used for healthcare purposes.

On January 1, 2014 the final stages of the ACA will take place and although there has been a boom in lawsuits against the enactment of the ACA, one question remains: how will this affect lawyers representing denied claim victims?

Have You Been A Victim Of Police Brutality? How To Take Action

(U.S. and General) Filing a police brutality case is very serious business, especially when the defendant has also been charged with a criminal offense. Actually, some kind of criminal charge will be filed because it becomes a method of protection for the officer who is claiming to be “protecting” and “serving” the citizenry. Police officers know when they have violated the law or police protocol, and will be quick to point out the ever-popular concept that they feared for their own lives.

The real truth that few individuals know is the police are not just police officers. They are officers of the court upon swearing their oath to uphold the U.S. Constitution. The concept that the police officer oath is to “protect and serve” is public myth. It is little more than a public relations mission advertisement.

How Brutality Happens

The U.S. Supreme Court has determined long ago that the most important thing that an officer does is provide for their own protection, so never mind the rights of the brutality victim. They may claim fear for their life, but an offensive officer is not afraid of retaliation via the court, as he is an officer in the army against all potential criminals.

The problem is that many officers are not focused on enforcing the law. They are focused on “being” the law, which they are not. The concept that law enforcement is a war on criminals is not valid in all situations, although there are areas of the nation that suffer from excessive criminal activity.

Police brutality can result in serious injury and even death, and cost a person or family excessive amounts of time and money in recovery. “Not only could you be suffering from physical pain or disability, you may also be enduring emotional trauma,” says attorney Kevin W. DeVore. These are all examples of damage to health and life that one can be compensated for in a successful personal injury claim, even one against a police officer.

Filing A Case Against An Officer

Never file a brutality case against an officer without an attorney. Punitive damage awards are imperative in a police brutality case, especially if the victim expects to continue living in the same town. Profiling occurs regularly in small localities, often as a matter of policy, and the complaining victim is a marked individual by the entire department. Always remember that policemen also have the authority to kill with impunity if they can argue to court associates, such as the judge and prosecutor, that the assassination of a potential suspect was necessary. And, the threshold for proof by the officer is minimal.

Hire A Feared Personal Injury Attorney

Make sure that a known attorney is hired because the court will protect the police officer to a fault. An unrepresented novice filing brutality claims will be laughed out of court. Get an attorney and get a loud one, especially one with a solid track record of standing up to the authorities. Remember, the attorney is an officer of the court also, and the police officer cannot claim superiority as they can against a novice victim. The attorney can be eviscerating, if necessary.

Filming Police Action

Modern camera technology has made it much easier for a witness to a police brutality case to record any offensive occurrence, but states and courts actually are attempting to establish that filming police brutality against an innocent party is terrorism. Legislatures are actually considering this governmental overreach by codifying this martial law concept. Having a solid attorney on your side when filing a case against a police officer is crucial, and requesting the officer’s release may be necessary.

Police departments routinely investigate all brutality claims as a form of public relations, and then dismiss the officer from duty with pay while the case is being adjudicated. Be prepared to maintain the case over the long haul, and be prepared for enhanced charges from the court in an attempt to avoid a civil lawsuit against the court of jurisdiction. The court is the ultimate respondent, and protecting against a brutality lawsuit will be the primary court focus.

One of the topics author and artist Molly Pearce finds herself most concerned with is human rights. She shares this post to provide valuable information to individuals who have been or may be affected in the future by the horror of police brutality. With the help of an experienced legal representation such as Minnesota personal injury attorney, Kevin W. DeVore, those affected by this type of trauma do have the power to take a stand, hopefully spare others from the experience, and to be compensated for their pain and suffering.

Injured at Sea – How to Swim Instead of Sink

Being out on the open seas overwhelms the senses with a feeling of freedom that’s unlike any other. This sensation, perhaps, is what drives many individuals to craft a career out of their love for the open sea. But while constantly surrounded by beautiful waters, the dream job of working at sea presents several hazards that can turn it into a nightmare.

The maritime industry contains some of the most dangerous jobs in America. For this reason, these workers have specified rights that are meant to assist them after suffering an injury. The counsel of a maritime injury attorney is a prudent investment for those making a living at sea.

Dangers of working at Sea

There’s no doubt that working at sea presents a host of hazards that individuals in other careers rarely, if ever, have to face. A job doesn’t even have to be backbreaking for dangers to exist on the water. This is evidenced merely by looking at the January 2012 Costa Concordia disaster, the partial sinking of an Italian cruise ship. Maritime workers onboard included waitresses, stewards, entertainers and other individuals employed in otherwise run of the mill jobs but hazardous due to being performed on a ship.

It’s also important to note, however, that some maritime work is dangerous even when negligent actions, such as those that led to the Costa Concordia disaster, don’t occur on the ship. In a recent review of workplace fatalities, for instance, it was discovered that being a commercial fisherman was the most dangerous job that anyone could have in America. Slick decks, dangerous weather and working around heavy machinery are just part of the dangers that constantly put fishermen’s lives at risk.

Protections for Maritime Workers

Maritime workers are entitled to what is known as “maintenance and cure” if they’re injured in the line of duty. “Maintenance” refers to small payments meant to reimburse an injured individual for the food and shelter they’d otherwise be receiving on board their vessel if they weren’t injured. “Cure”, on the other hand, is the payment made to ensure that a person receives the proper medical care to get better.

Unfortunately, maintenance and cure payments don’t amount to much. Regardless, an injured maritime worker should immediately inform their employer or captain about any accident and seek medical help. After this, it’s advisable for these workers to seek out the help of an attorney. This is because, unlike worker’s compensation claims, maritime employees can actually recover damages if they are injured due to negligence.

The Jones Act is an umbrella term for several pieces of related legislation enacted from 1916 to 1929, dealing with sailors’ workmen’s compensation and foreign sailing vessels used in domestic trade. Its purpose is meant to ensure that sea workers can bring forth claims against negligent parties if injured on the job. The negligent parties in these cases can range from vessel owners all the way to coworkers. Since maintenance and cure payments are so low, there’s a chance that a maritime worker’s only chance at receiving fair compensation for their injury is to bring forth a Jones Act claim to recover damages.

Maritime work is simultaneously among the most rewarding and most dangerous occupations available. There’s obviously an inherent danger in being out in the middle of a large body of water, but when this is combined with negligence on the part of another individual, the dangers may become too great for someone simply trying to put food on their table. Because of this, it’s imperative for every maritime worker to understand the rights to which they are entitled.

Writer Terry Duschinski has researched through the resources of a maritime injury attorney, Doyle Raizner LLP, in compiling this report.

How to Survive Holiday and Travel Injuries on Foreign Soil

Its human nature to want to get away from our “home base” every once in a while. This usually involves short trips out of state or maybe even across the country, but some individuals are lucky enough to have the time and resources to enjoy a vacation in a foreign country.

These trips can be very exciting, but unfortunately, they do present a few dangers. One of these dangers is the chance that a tourist will experience an accident while overseas, so any traveler should take steps to be prepared for this potentiality.  They are as follows:

  • Speak to Healthcare Provider – It’s essential, before heading to a foreign country, for a person to check with their healthcare insurance provider to see if their medical care will be covered in case of an accident in a foreign country. If not, it’s important to ask the insurer if they provide additional travelers’ insurance.
  • Talk to Travel Agent – In some cases, travel agents actually provide insurance for those going out of the country. This is a great way for a person to get discounted rates since they’re already paying their agent to book tickets, set up hotels and everything else that goes into a vacation of this magnitude.
  • Hire a Good Driver – While it may seem silly, especially if a family wants to rent a car,it’s best to check blogs like The Biggest Problem With Car Leasing Tips, And How You Can Fix It
    and for sure hire a driver when it’s necessary to travel anywhere while overseas. As it turns out, one-third of all non-violence related deaths overseas happen due to car accidents. Removing this danger is a great way to stay safe.
  • Ask for Police Report – It’s best to file a police report whenever an accident occurs overseas. While not all countries’ law enforcement departments will be as efficient as others, many will still file police reports for accidents; and this is especially the case if another person’s negligence led to the accident.

Getting a copy of the police report will also help a person avoid having to later track down records  through the International Criminal Police Organization (INTERPOL).

  • Keep Receipts – Keeping receipts for any costs related to an overseas injury is absolutely essential. While holding onto receipts and medical bills is essential in America, it’s even more so in foreign countries since it won’t be as simple as heading down the street and asking for another copy once someone returns to America.
  • Contact Insurer – An injured individual should contact their insurer, whether it’s through their own healthcare insurance or the travel agencies, as soon as they possibly can.It’s essential to report any injuries so that the appropriate measures can be taken to get medical bills covered and ensure that appropriate treatment is continued if necessary.

Additionally, it’ll give an injured person the chance to find out if their assigned treatment was up to par with what they would’ve received in America.

  • Contact Attorney – An individual should also contact an attorney once they’re back in the states; in fact, if possible, it wouldn’t hurt to do this while still overseas.

This is especially essential if an injury was due to another person’s, government’s, company’s or organization’s negligence.

In these instances, a good attorney may be able to help an individual recover all of their lost costs, including the need to change travel plans, and even pain and suffering payments. This attorney will, however, need to have experience dealing with foreign law.

Foreign vacations can expose a person to an all new culture and set of experiences, but it only takes one injury to completely ruin this adventure. Luckily, there are ways to properly prepare for this possibility, and vacationers who abide by the aforementioned rules will be much more likely to not have lasting negative effects if injured overseas.

An injury overseas can ruin a vacation, but with a little vigilance and preparation, an individual can minimize the damage it causes on the rest of their life.

Jamica Bell is a freelance writer and avid traveler. She contributes this article as a way to help travelers prepare for their travels abroad. During her research, she found http://www.doyleraizner.com/international-personal-injury to be very helpful and informative, especially for individuals who have been injured in an accident on foreign soil.

Lawyers Working to Help PTSD Victims Heal

Anna Henningsgaard had an experience with PTSD but had a hard time accepting it: ”A few years ago, I was in a rather serious car accident, and I experienced symptoms like these medical journals described. I would often upset myself by dwelling on the accident. I displayed obsessive behavior in that I avoided left turns wherever possible, even on deserted streets. I could not manage this out on country roads, but in the city grid I was careful to take three right turns instead of making just one left. Riding in a car that slams on its breaks still causes me to spin around and look behind for the car that always seems to be on the verge of collision. Was this Post-Traumatic Stress Disorder?”

According to the census there were 10.8 million car accidents last year, a significant drop from 10 years ago (11.8 million), and vastly different since 1985 (19.3 million). (For more statistics on car accidents and car accident legal claims, see the Rosengard Law Group site. Still, most drivers have been in some type of car accident. Many of us have had resulting injuries and after an accident it’s normal to feel anxiety and stress.

But what do you do if you find yourself experiencing crazy amounts of anxiety? Reliving your car wreck over and over again? How can you tell if a friend or client is struggling with PTSD and what can you do to help?

Symptoms of PTSD

Stories about veterans might make traffic accidents seem like walks in a park, but every person has their own battle to fight. A case study portrays a patient who didn’t fully recover from his PTSD until 18 years after his traffic accident. This man’s story goes back to when he was 22 years old, he hit the abutment of a bridge and found himself pinned between his steering wheel and dashboard, experiencing severe pain, he lost control of his bowel movements, and constantly smelled leaking gasoline. After the accident he experienced severe symptoms of PTSD. His case was not as sever as Anna’s but it shows the spectrum of possiblity.

The most common symptoms include:

    • re-experiencing of event in thoughts, images, and/or dreams
    • distress when driving or inability to return to routine
    • sense of foreshadowed future
    • feeling of detachment or estrangement from others

If you have a client or friend experiencing these symptoms, perhaps when the news is on or you notice s/he isn’t driving himself around, it’s important to know how you can help.

How You Can Help

Let’s listen more to Anna’s story: “What I did need to do was to be proactive. I worked with the insurance companies to work out the claims. I spoke with my lawyer and found someone who wanted to buy and rebuild my totaled car so I did not have to consign it to a junkyard. I took responsibility for the situation and did not let it take control of me. It did hurt to think about my car for months, but I don’t obsess about it anymore”

If you can help your client or friend be proactive in their recovery from their accident and getting their life back on track, you can have a tremendous impact on their ability to deal with PTSD. The source of trauma disorders is that the victim doesn’t feel they have any control over their situation. By helping them feel empowered you can help them feel like they have control again. Back to Anna: “I felt overwhelmed after my car accident, but talking to an experienced car accident attorney helped me to answer my questions, address my doubts, and quell my anxiety. No pills required.”

Pave the Road to a Fair Settlement by Seeking Expert Help

If you have been a victim of auto accident and have suffered injuries, then you must always consider hiring personal injury lawyers for ensuring a fair settlement of your claim. You might not need need assistance for every auto accident claim, but for cases concerning accidental injuries, help is must.

You might wonder about what can go wrong in filing a claim on your own without any help. Well, actually nothing, but you certainly run the risk of not obtaining a fair compensation and the insurance company might get the better of you. Whereas, consulting and hiring legal professionals can change the entire game in your favor.

Here is a quick look at the top reasons that favor the choice of seeking assistance through lawyers specializing in personal injury cases:

  • Extensive knowledge of laws related to personal injury

It is to be noted that the laws related to such accidental injuries and cases vary between each state and it is not possible for a non-professional to have a strict grasp over the same. A person fighting the claim on his own might not know anything about the legal entitlement or the specific rules that might make him liable for a complete settlement. Such lack of knowledge can make him susceptible to false or improper claim. A legal professional having an experience of dealing with such cases can always pave the road to settlement of worth interpreting and applying the specific laws related to the particular case.

  • Ability of Negotiating a Fair Settlement

If you are fighting the case on your own, you always stand the chance of not being fairly represented by the insurance companies in terms of offering a financially profitable and worthy settlement. The reason is simple, most companies in the market try to draw profit from offering less compensation to injured people. Therefore, maximum companies offer an unfair settlement to people contesting the case on their own. However, an expert lawyer can always help you receive a fair compensation by negotiating with the company for a fair settlement.

  • Enables a fair representation to the victim in court

Most often, it is seen that people tend to seek assistance of the legal professionals only at times of disputing a claim. However, hiring an attorney early can help you save the hassles and pain of visiting the court every time alongside offering a fair settlement. An attorney dealing with personal injury cases can always help solve a dispute surrounding the accidental injury claim. Usually, the attorneys dealing with such cases offer consultation on a contingency fee, which implies claiming a certain percentage of the final amount of settlement.

Hiring an Attorney – The Right Time to Act

You must consider hiring personal injury lawyers when:

  • the injuries suffered from the accident are serious and can have long term effect

  • the involved driver was under-insured or uninsured

  • there is a dispute between you and your driver regarding the fault

  • there is a pressure to agreeing to a quick settlement from the insurance company

  • you feel not being fairly compensated owing to the case in terms of future and existing medical costs

If you find yourself on the wrong side of the case and feel that the compensation is just not worth your injuries, then it is time to change the direction in your favor with the help of legal professionals.

About the Author – Hiring personal injury lawyers can pave the road to a settlement of worth. An associate of Galan Law, James Galan, highlights the reasons of choosing a legal professional for fighting your case in court.

Falling Trees in Personal Injury: Frivolous or Fair?

In the United States there is an average of 31 deaths per year from falling trees. Many of these accidents occur during thunderstorms. But not all tree falling accidents result in death. Greg Abbott, the Texas Attorney General, had a tree falling accident that resulted in paralysis from the waist down in July 1984.

He and a friend were jogging down a road to take a break from studying when a loud crack roared and knocked Abbot down, breaking his back and a few ribs. It was months of surgery and rehabilitation before Abbot could go back to a forever changed lifestyle. In the meantime Abbott filed suit against the landowner of the tree and the arborist. It was a classic premise liability case, resulting in a settlement out of court in favor of Abbot. A life changing event for Abbot and a great example of how vital personal injury lawyers are to victims of nature’s chaotic tendencies.

What would you do if you found that your car had been struck by your neighbors tree or while driving, a rotten oak tree fell on your vehicle, damaging your car and you? With the stigmas out there about frivolous lawsuits, this might seem like a prime example. How can you hold someone responsible for a falling tree?

However, people need to be taken care of when accidents happen. In January 2010, Michael Burke from San Diego had his car struck by a tree in the morning. Later that same day, after pulling out his laptop from his damaged car, he was getting into his colleague’s car and another tree fell onto him. The blow almost killed him and left his legs crippled, unusable. He sewed the city of San Diego for their negligence to maintain proper care of city trees. The city paid 7.6 million for his past and future medical expenses and noneconomic damages.

This brings into to question the fairness of someone suing over a falling tree. Could it be considered the tree’s fault? Or is the person who owns the land responsible for making sure there are no possible liabilities on his or her property? As we’ve seen from Greg Abbott and Michael Burke, the proper perspective is the latter: falling trees are the property owner’s liability.

People need a way to make it down the road to recovery. If Abbot or Burke had not had a personal injury lawyer or the option to file suit, how would their situations have been different? Could Burke take care of his 12 year old, autistic son? Would Abbot have been able to continue his political career? Would cities and land owners never have noticed the liability of rotten or unhealthy trees?

Questions You Should Ask Your Personal Injury Lawyer

If you are quite lucky, you will live out the remainder of your life and never have to consider anything about a personal injury lawyer.  The only reason you will find yourself in the office of a personal injury lawyer is if you’ve sustained an injury, and usually they are pretty serious.  However, with that being said, you don’t want to show up at your lawyers office completely in the dark if you do have to go see one. Here are some important questions that you should plan out and remember ask to make the whole process roll along smoothly.

Do I Have a Case?

This may be the most relevant question for anyone who has been injured and is thinking about pursuing the matter legally. It is sometimes hard to tell if your case is worth fighting for, or if you even have a shot at winning. Since any self-respecting personal injury lawyer won’t even take any money unless you win a settlement, this is the best place to start.

By inquiring as if you if you have a case or not, you can quickly determine whether any more steps must be taken or if you can just pack it up and go home.  You will have to answer a lot of questions and probably provide a medical report and some evidence of what happened, but once it is all out in the open your lawyer will answer the question and you can proceed.

What Are My Chances?

If you indeed have a case and the personal injury lawyer is willing to take it on, you will then want to know what he thinks your chances are.  A lawyer of any kind can be quite expensive, so you want to ensure that fighting for your case will be worth it not only for you, but your lawyer as well. This question will have him draw on his previous experiences with similar cases, and some of the time they can answer you with a pretty good degree of accuracy.

What Do You Charge?

Just because you don’t have to pay anything unless the lawyer wins doesn’t mean you won’t be curious about how much that is. Lawyers can cost a lot of money, and usually the more experience your lawyer has, the more they will be asking for in terms of settlement. The thoughts of giving up a huge chunk of your settlement may be dancing through your mind.  If you ask your personal injury lawyer ahead of time, you will not be blind-sided once the case is closed.

What Happens Next?

If there is a case and he wants to proceed and you’re okay with the fee, you will want to know what happens next.  Do you have to gather any information or documents?  Will he approach the other party to try and settle before trying to get it into court?  Stay in close contact with your lawyer throughout the process, so you know what you should be doing at all times.  You don’t want to walk into court unprepared, or without documentation that would have helped your case. By keeping close communication with your lawyer, you can be the best prepared for your court date. If it all works out, you will have a cash settlement for your injury before too long.

Waste recycling firm heavily fined after death of worker in accident at work

A Brigend waste recycling firm has been fined and ordered to pay costs amounting to over £300,000 after the death of a worker at its waste site in December 2010.

Mr Geraint Eagle was working for his employer, Nolan Recycling Ltd, at the Old Quarry in Pyle when the accident occurred on 2 December 2010. Mr Eagle was cleaning sensors on a weighbridge – a large set of scales used to weigh trucks – when he was hit by a truck. Mr Eagle had lieing on the floor chipping hard mud from the sensors when a truck pulled up. He got up and moved out of the way but returned to his work at a later time. However, the lorry driver did not see Mr Eagle when he pulled away and ran him over. Mr Eagle sustained serious head injuries and was declared dead at the scene of the accident.

The incident was reported to the Health and Safety Executive, who conducted an investigation and subsequently recommended that the firm be prosecuted for serious health and safety breaches under UK health and safety legislation.

The matter came to the Cardiff Crown Court on 25 September 2013. The Crown Court heard evidence that the Health and Safety Executive had determined that there were a string of serious failures by Nolan Recycling Ltd, such as a failure to appreciate the risk associated with the site; a failure to give full instructions, guidance and training to staff; and a failure to monitor and supervise staff (among other failings). The company pleaded guilty to a breach of s.2(1) of the Health and Safety at Work etc Act 1974 and was fined £250,000 as well as being ordered to pay the prosecution’s costs of £53,100 – a total of just over £300,000.

Chris Hadrill, an employment solicitor at Redmans, commented: “The Health and Safety Executive found that Nolan Recycling Ltd had manifestly failed to comply with their legal health and safety requirements and that this had caused or contributed to the death of a worker. If companies fail to comply with their legal obligations and workers are injured then they could face heavy fines and orders to pay the prosecution’s costs.”

HSE Inspector Sarah Baldwin Jones said after the hearing: “This was a horrific incident with tragic consequences. It left Mr Eagle’s girlfriend without a partner, and his son, born eight months after the incident, without a father. There were multiple failings at the site, which should have been obvious and could easily have been addressed.”

Redmans Solicitors are employment solicitors in Kingston and can help employees injured at work claim personal injury