South Carolina Personal Injury Law Blog

Witnesses may hold the key sometimes in workers’ comp claims

Published on: January 16, 2014 | by Patrick E. Knie

If you’ve ever suffered a work-related injury then you probably did one of two things. If you’re like some people in South Carolina, you may not have filed a claim assuming that your injury was not bad enough to warrant the hassle. But if you’re like many of our readers, then you know that even unassuming injuries can sometimes cause problems down the road and know how important it is to file a claim immediately after receiving the injury.

But for those who do file workers’ compensation claims for work-related injuries, this process can sometimes be marred by adjusters who may not believe your story or are uncaring about your situation and do not take the time to really investigate your injury. As a result, some claims may be denied despite their validity, leaving an injured worker potentially unable to work and wondering what they should do next.

Tire Defects

Published on: January 8, 2014 | by Patrick E. Knie

Tire defects are a major cause of motor vehicle accidents in the United States. While retreads are often viewed as a large problem, many of the pieces of tire we see along our roadways come from tires which have not been retreaded. Many “new” tires contain defects which are potential hazards to the driving public. Drivers should inspect their tires frequently for developing problems. Tire failure, particularly at high speeds can be life threatening the occupants of the vehicle with the defective tire and to other vehicles in close proximity. In addition to tire defects, tires in poor condition can cause life threatening cosequences as well. Large truck tires, because of their size, are very dangerous. Many trucking companies chose to use retreaded tires with the result that large portions of the retreads become delamenated either striking another vehicle or causing the nearby vehicles to take evasive action to avoid colliding with the tire. The National Highway Transportation Safety Agency (NHTSA) has a website designed for consumer to report tire defects, check for complaints about specific tires, check for recalls, and check ongoing investigations at www.safercar.gov. IF YOU HAVE BEEN INJURED BY A DEFECTIVE TIRE THE LAW OFFICES OF PATRICK E. KNIE CAN HELP. CALL 1-866-665-4995 TOLL FREE OR EMAILING US AT pknie@knielaw.com FOR A FREE CONSULTATION.

Surgical glove found in patient two years later, lawsuit pending

Published on: December 31, 2013 | by Patrick E. Knie

It’s just about every person’s fear that something will go wrong when they go in for surgery. That’s because, despite the insistence of hospital staff that patients are well taken care of, residents here in South Carolina know that medical mistakes can happen anywhere and often have life-changing consequences as well.

Our readers here in Spartanburg can see this exemplified by a case of medical malpractice in which a woman was diagnosed with ovarian cancer only to realize that this was a misdiagnosis when a non-latex glove was discovered in her abdomen from a surgery two years previously. Much like anyone here would do in her situation, the woman is now suing the hospital for its negligence and is seeking compensation for the problems this mistake has caused her.

$2.5 Billion Defective Hip Replacement Settlement

Published on: December 31, 2013 | by Patrick E. Knie

Johnson and Johnson has agreed to a massive $2.5 billion settlement regarding their DePuy ASR metal on metal hip replacements. There are two key deadlines. The first is a Jauary 6th, 2014 deadline to register your case. The second is a April 1, 2014 deadline to opt-in to the settlement. There is much work to do for each deadline, so you should contact an attorney IMMEDIATELY! Qualified patients will receive a base award of $ 250,000. Although lawsuits continue involving mayother metal on metal hip replacements such as Biomet M2A Magnum, DePuy Pinnacle, Smith & Nephew, Stryker Rejuvenate, Stryker ABGII Modular Neck System, Wright Conserve, Wright Profemur, and Zimmer, those are not included in this settlement. If you have questions call Patrick E. Knie Attorney tol free at 1-866-665-4995.

$6.5 million settlement reached in birth injury case

Published on: December 17, 2013 | by Patrick E. Knie

Most women have no concerns about going to the hospital to give birth to their child. That’s because they know that the hospital and its staff are well trained and know what they’re doing. We often trust this so much that we can feel incredibly betrayed when this ends up not being the fact. This can often leave us with a lasting anger and wondering if justice will be served.

Our readers here in South Carolina can see this exemplified in a recent case out of Texas where a first-time mother learned that the brain damage suffered by her newborn had not been hereditary but rather a result of negligence on behalf of hospital staff. In the end, a serious mistake on the part of the attending hospital staff resulted in a diagnosis of cerebral palsy that has left the now 5-year-old boy unable to care for himself and has left his mother feeling a bit of anger towards the institution that changed her family’s life forever.

Pradaxa lawsuits

Published on: December 9, 2013 | by Patrick E. Knie

If you take Pradaxa, you may have important legal rights. Pradaxa (dabigatran etexilate) is a blood thinner prescribed to prevent stroke in patients with irregular heartbeats. Pradaxa has been prescribed to more than a million patients. Serious safety concerns have arisen about Pradaxa. The U.S. Food and Drug Administration (FDA) is now reviewing the drug. There have been numerous reports of serious and fatal uncontrolled internal bleeding among patients prescribed Pradaxa. The FDA is investigating those reports. Pradaxa side effects include uncontrollable bleeding, unusual or unexpected bruising, coughing up blood, red or black stools, pink or brown urine, joint pain, and headaches or lightheadedness. Several hundred deaths have been attributed to Pradaxa. If you believe you have a Pradaxa claim call us toll free at 1-866-665-4995 for a free consultation.

South Carolina teen dies in Black Friday crash

Published on: December 4, 2013 | by Patrick E. Knie

A fatal accident out of North Carolina this month may have some of our South Carolina readers questioning if complicated civil litigation could play a part in the days to come. According to police, a 19-year-old resident of Clover fell asleep while driving just after having completed a Black Friday shopping trip with four other people. This resulted in a serious accident that injured the four passengers and killed the 19-year-old driver. But while it’s true that this could constitute as negligent behavior on the part of the driver, other factors in the case could point to further negligence on the part of the teen’s passengers as well.

That’s because, according to a trooper with the North Carolina Highway Patrol, one of the passengers told authorities that the teen had mentioned that he was tired just prior to the accident. There is a possibility that the occupants of the car knew this information prior to the teen even getting behind the wheel. It could be argued then that the occupants knew of the danger a fatigued driver presented but proceeded to let the teen drive anyway.

Are there enough regulations to keep assisted living homes safe?

Published on: November 22, 2013 | by Patrick E. Knie

As our loved ones age the topic of what to do about their care inevitably comes up in conversation. In-home care can be incredibly expensive and isn’t something many families can afford, while nursing homes consistently crop up in news reports telling of the unsafe conditions many facilities across the United States provide.

If a family is unable to care for their loved one themselves, this leaves assisted living homes as their only choice. But as some investigators are discovering, these facilities may not be as safe as people might think due to minimal state and federal regulations. And in a multimillion dollar industry that will only get bigger as more Baby Boomers age, this could mean an increase in wrongful deaths across the nation.