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New Wave of Defibrillator Suits Emerging


Defibrillators are more and more common in airports, health clubs, shopping malls and other retail establishments – especially in the last year since the Food and Drug Administration approved over-the-counter sales of defibrillators to help heart attack victims.

But while more business have defibrillators, not all of them have set them up effectively. Many don’t have clear signs indicating where they’re located, don’t authorize use by any willing rescuer, and otherwise don’t have a procedure in place to ensure they are properly used in an emergency.

While over-the counter automated external defibrillators (AEDs) are more common, some experts think that up to 90 percent of AED deployment is flawed in some way.

This has led to lawsuits against businesses that have installed the devices but don’t use them, or don’t have plans in place to ensure proper use.

In March, the family of a 17-year-old ice hockey player who collapsed and died while playing at a San Jose, Calif., rink sued the city and the team for wrongful death. The rink had a defibrillator, but allegedly no one who knew how to use it was nearby when the boy collapsed. Making the situation

 

worse, no one informed the EMTs who eventually arrived that a defibrillator was available.

And in late 2004, the parents of a 20-year-old University of Pittsburgh student filed a lawsuit after their daughter suffered brain damage because campus police didn’t have a defibrillator on hand when she suffered an irregular heart beat and lost consciousness during class.

The university’s website indicates that all campus police carry a defibrillator. The two officers who responded to the emergency didn’t have an AED and didn’t perform chest compressions on the student.

Other problems can arise. Components of AEDs, such as batteries, need to be maintained in proper working order. The devices need to be easily accessible to shorten response time. Employees need to be trained on how to use defibrillators. They are widely seen as relatively easy to use, but training would likely increase the comfort level of users.


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Online Dating Can Be a Dangerous Proposition


As more and more people search for a soul mate online, it’s important to be aware of the dangers: Dating sites on the Web can be populated by predators seeking to take advantage of people.

Internet dating site True.com, which performs background checks on members, says that about 5 percent of the people who try to sign up for the service are already married. Another 5 percent are convicted felons.

Other sites perform no background checks, and it’s impossible to say who might be signing up for the service.

Recently, two women sued a Manhattan fertility specialist who is a married father of three. According to the women, he posed as a bachelor online and lured them into sexual relationships by claiming that he had known them in a past life.

In some cases, an Internet dating service itself might be legally responsible if something goes wrong. This could be true if the service doesn’t perform background checks, doesn’t perform all the checks it says it does, or performs them carelessly.

Six states – California, Florida, Michigan, Ohio, Texas and Virginia – have legislation pending that would require online dating sites to perform background checks or at least disclose whether they perform checks and what types they perform.

 

There are already federal laws on the books that protect mail-order brides. In a recent case, a Ukrainian woman came to the U.S. and was severely beaten by her husband. She won a $434,000 verdict against the online service that connected them.

These federal laws don’t apply if both people are from the U.S., although state laws might allow lawsuits.

Even if a website conducts background checks, no background check is foolproof. For instance, crimes committed while a person was a minor are often sealed and don’t show up on reports. And a person could possibly evade the system by entering a false name or date of birth.


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Tenant Can Sue Paint Manufacturers for Lead Poisoning


A Wisconsin teenager alleged that he ingested lead paint from painted surfaces and paint chips, flakes and dust at three different rented homes when he was a toddler.

A lawsuit was filed on his behalf against seven paint manufacturers that produced the type of lead pigment (white lead carbonate) found in the paint used in the homes where the boy lived. He conceded that he couldn’t identify the specific manufacturer of the lead pigment he ingested.

But he claimed that each of the manufacturers should share responsibility for his alleged injuries under a legal principle

 

that manufacturers are liable if they make a product that causes an injury in violation of the law.

The Wisconsin Supreme Court agreed that the lawsuit should not be dismissed.

Even though the boy had settled related lawsuits against the landlords, that didn’t absolve the paint manufacturers from liability, the court said. The boy alleged that the paint manufacturers were negligent in claiming that the lead pigment was safe.

While the landlords are in the best position to contain the dangers of lead paint once it’s been applied, they are not to blame for the fact that the lead pigment in the paint is poisonous, the court ruled.


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Concerns Growing Over Birth Control Patch


The popular birth control patch – Ortho Evra – apparently has a risk of creating potentially fatal blood clots.

An investigative report by the Associated Press in July found that among the 800,000 women using the patch last year, the risk of dying or suffering a major blood clot was three times as high compared to women taking birth control pills. The AP investigation claimed that 12 women – most in their late teens and early 20s – died last year from blood clots believed to be related to the birth control patch.

Ortho-McNeil, a subsidiary of Johnson & Johnson, is defending the safety of the contraceptive patch. However, it has agreed to conduct a new study in cooperation with the Food and Drug Administration to investigate reports of thrombotic injuries – clots, strokes and heart attacks – caused by the patch.

An increasing number of lawsuits are alleging that the birth control patch is defective and that Ortho-McNeil has failed to adequately warn of the high risk of blood clots. They claim that the

 

marketing and advertising campaign for the patch also downplays the safety risks of the drug.

For example, a Minnesota woman apparently suffered a stroke and cerebral hemorrhage about a year after she started using the patch. She filed a lawsuit alleging that the drug maker knew about the increased risks associated with the drug before it was approved by the FDA in November 2001 and that it failed to provide sufficient warning of the risks.

And a Georgia woman recently filed a suit blaming Ortho Evra for a pulmonary embolism she suffered after using the contraceptive patch for seven months.

Unlike a birth control pill, which is metabolized by the body’s digestive system, the progestin and estrogen in the Ortho Evra patch are released directly into the bloodstream. The higher concentration of medications in the body may increase the likelihood of blood clots and strokes, according to lawsuits filed to date.


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Car Buyer Gets Triple Damages for Fraud


A woman bought a used car from a dealership for $25,858. The dealer never told her that the car had earlier been a rental car owned by Hertz. When she found out, she sued for fraud, saying she would never have bought the car if she knew it had been a rental.

She sued under a federal law governing odometer fraud, which says that people who are defrauded by a car dealer can get triple damages in some situations.

The dealer argued that the triple damages didn’t apply here, since the

 

fraud didn’t involve tampering with the odometer. Rather, the dealership shifted title to her by way of transfer forms, not the original title.

But the federal appeals court covering Florida, Georgia and Alabama recently ruled that triple damages could apply. The federal law says that if a dealership violates the law with an intent to defraud a consumer, then triple damages might be warranted. The appeals court said the law does not require specific proof of fraud related to a vehicle’s mileage.


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Fan Hit by Foul Ball Can Sue Ballpark


Normally, fans attending a baseball game assume the risk of an injury from a foul ball, which means they can’t sue for the injury.

But there are some exceptions. One example was shown by a recent New Jersey case.

A man was hit in the eye while standing by a concession cart at a minor league game in Newark. He was struck by the ball as he was taking out money to buy a beer.

The concession operator had placed its carts so that customers could face the field and continue to watch the game while waiting to make a purchase. Some of the carts, including the one the man was standing near, were not protected by screens.

The man sued, claiming the stadium

 

owner owed him a legal duty to provide protection from balls that go out of play.

The New Jersey Supreme Court agreed, saying fans hurt by foul balls while in the stands can’t sue, but stadium owners have to provide reasonable protection in other areas of a stadium, such as a vendor concourse.

A similar ruling has come from Pennsylvania.


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Home Health Aide Gets Comp for Accident While Driving to Work


It’s not always clear when someone who travels for work is "on the job" when an injury occurs and workers’ compensation applies.

For example, a Connecticut woman was recently injured as a result of a car accident while traveling to the home of her first client of the day. She sought workers’ compensation.

Her employer said she wasn’t entitled to the benefits because the woman was on her way to work, but not actually working at the time of the accident.

The Connecticut Supreme Court disagreed and ruled in favor of the

 

worker, saying that travel was an integral part of the woman’s job because providing in-home care was an essential aspect of her position. Traveling to her first appointment meant she was working at the time of accident, according to the court.

Similar court decisions have been made in Arkansas and Pennsylvania. These rulings show that workers who must travel as part of their jobs have expanded job-related workers’ comp protection when on the road at the beginning or end of their workdays.

A contrary decision comes from Ohio.



This newsletter is designed to keep you up-to-date with changes in the law. For help with these or any other legal issues, please call our firm today.

The information in this newsletter is intended solely for your information. It does not constitute legal advice, and it should not be relied on without a discussion of your specific situation with an attorney.

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