Below you will find legal and medical articles, legal forms, and legal memoranda on a variety of civil litigation topics. The forms are simply for reference and should not be used in isolation or without the advice of counsel.
With the rising practice of "sexting" -i,e., the act of sending nude photos or sexually explicit content via text message -- lawmakers around the country have been enacting specific laws to address the conduct. This article addresses some of the criminal penalties, as well as the often overlooked Civil penalties that may result from "sexting".
Following Vioxx and other mass tort events, the Institute of Medicine, National Institute of Health, and Veterans Administration have proposed several new steps to balance the safety monitoring following the release of drug. A few of the recommendations include funding and staffing increases, improved adverse event reporting system, and greater authority for the FDA on post-marketing safety measures.
This page is an example of a 30(B)(5) that was used in a medical malpractice case with overlaps with a medical device and "off label" use and promotion.
The page includes a deposition outline used in a case involving the garage mechanic's failure and fix a defective suspension.
The page includes a form Ohio Complaint for a case involving the failure to maintain a deck railing resulting in the Plaintiff falling and becoming seriously injured. The draft includes some of the possible causes of action that may be available in such a case as well as lays out the format to draft the Complaint. Independent research should be done for each case and the law should be analyzed for it timeliness.
This page provides a form Complaint discussing some of the issues with lap belts and restraint system failures to minimize submarining in foreseeable accident.
This article addresses Punitive Damages in Ohio Post Philip Morris and Exon Decisions.
The following article and presentation was given at a Cincinnati Legal Conference. The title of the presentation was "The Weight of Expert Testimony".
A Separate Piece in Seeking Justice; Civil Plaintiff Themes in Public Criminal Defense was an article published by AAJ. While Mr. Lyon no longer practices Criminal defense, the experience helped shape many of his skills he uses to provide representation to his many clients.
In general, an action for medical malpractice must be commenced within four years of the act or omission, or it is otherwise barred. The article discussed some of the exceptions to this rule.
Ohio law provides for a 180 day extension for medical malpractice claims under some circumstances.
Except as otherwise provided in Revised Code 2305.113, an action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the cause of action accrued.
The following list identifies some of the most important Raptiva Medical terminology and available resources for more information. Joseph Lyon is a Cincinnati Raptiva lawyer and is available to discuss the case. All consultations are confidential and no fee is charged unless the case is successful.
Contingency Fee - The fee is based upon a percentage that is only recovered in the event the case is successful. If the case is successful, the legal fees are an agreed upon percentage of the total recovery. If the case is not successful, the client is not charged a legal fee for the work. The Lyon Firm accepts most cases on contingentcy fees.
Ohio courts have recognized the principle of crashworthiness. The plaintiff must prove, by a preponderance of the evidence, that the defect proximately caused or enhanced plaintiff's injuries.
A plaintiff may use circumstantial evidence to prove that a product is defective if the product that allegedly caused the harm was destroyed.
When two or more persons proximately caused the injury, the defendant to whom the jury attributes over fifty percent of the tortious conduct is jointly and severally liable for all compensatory damages that represent economic loss. Any defendant responsible for less than fifty percent of the tortious conduct is only liable for his proportionate share of the compensatory damages that represent economic loss.
A product liability action for inadequate warning is not preempted by federal labeling requirements where the action seeks to impose labeling requirements that are identical to those of the federal statute. However, such an action is preempted to the extent that it seeks to impose "more elaborate or different" labeling requirements.
Product liability claims for breach of warranty are governed by, and must be brought only under, sections of the Act dealing with conformance to representations made by manufacturers and suppliers.
Evidence of subsequent remedial measures is admissible for any relevant purpose in product liability actions based on strict liability in tort.
Generally, a manufacturer's compliance or non-compliance with government safety standards is not necessarily a complete defense to proof of a strict liability claim. Similarly, compliance or noncompliance with industrial or professional safety standards does not constitute either a complete defense to or proof of a strict liability claim. With respect to product liability claims for harm caused by a drug or device, a manufacturer is not liable for punitive damages if the drug or device in question was manufactured, labeled and marketed in accordance with federal law. This bar on punitive damages does not apply if plaintiff can prove that the manufacturer fraudulently withheld from the government agency or misrepresented to the government agency material information known to be relevant to the harm suffered by the plaintiff.
"A product is not defective in design or formulation if, at the time the product left the control of its manufacturer, a practical and technically feasible alternative design or formulation was not available that would have prevented the harm for which the claimant seeks to recover compensatory damages without substantially impairing the usefulness or intended purpose of the product."
A manufacturer is not responsible for harm caused by a product if the product was substantially altered in a manner that was not reasonably foreseeable after it left the manufacturer's control.
Ohio law does not provide for market-share liability. Alternative liability may not be used to establish liability except when all possible tortfeasors are named and subject to the court's jurisdiction and the tortfeasors' products create a substantially similar risk of harm.
Assumption of risk may be asserted as an affirmative defense in product liability actions, and, whether express or implied, generally serves as a complete bar to recovery. Contributory negligence and other contributory tortious conduct may also be asserted as affirmative defenses to a PL action. A claimant's contributory tortious conduct does not bar the recovery of damages where it is no greater than the combined tortious conduct of the other parties from whom recovery is sought. When contributory fault is asserted as an affirmative defense, the court shall make findings of fact and the jury shall return a general verdict accompanied by interrogatories that provide the "percentage of tortious conduct attributable to all persons." The compensatory damages award is then reduced by the percentage of tortious conduct attributed to plaintiff.
It is the plaintiff's burden to prove, by a preponderance of the evidence, that the defective aspect of the product was the proximate cause of the harm for which the plaintiff seeks to recover compensatory damages.
Claimants may establish that a product is defective due to its failure to conform to a representation made by the manufacturer or supplier by showing that the product did not so conform, even where the manufacturer of supplier did not act "fraudulently, recklessly, or negligently in making the representation."
Claimants may establish that a product is defective due to inadequate warning or instruction under the Act by showing that the manufacturer unreasonably failed to provide warning or instruction, at the time of marketing the product or after the product left the manufacturer's control, where the warning or instruction was required "in light of the likelihood that the product would cause harm of the type for which the claimant seeks to recover...and in light of the likely seriousness of that harm."
Claimants may establish defective design or formulation under the Act by showing that the foreseeable risks associated with a product's design or formulation exceeded the benefits.
A manufacturer is subject to liability for compensatory damages based on a product liability claim brought under the Act only if (a) the claimant establishes that the product in question is "defective" and (b) the defective aspect of the product proximately caused the claimant harm. A claimant may prove that a product is defective by showing (a) defective manufacture or construction; (b) defective design or formulation; (c) inadequate warning or instruction; or (d) failure to conform to a representation made about the product.
Liability under the Act extends to manufacturers and suppliers. A manufacturer is defined as a person or entity "engaged in a business to design, formulate, produce, create, make, construct, assemble, or rebuild a product or a component of a product." A supplier is a person or entity that, in the course of business conducted for that purpose, either (1) "sells, distributes, leases, prepares, blends, packages, labels, or otherwise participates in the placing of a product in the stream of commerce"; or (2) installs, repairs, or maintains any aspect of a product that allegedly causes harm."
The SOL for a product liability claim based on product-related personal injuries is two years. A product-related action for damage to real property will be either a four-year or ten-year time limit. The cause of action generally accrues when the loss to person or property occurs, thought here are discovery rules available under some circumstances. There is also a ten-year statute of repose, and a pending class action (either in Ohio or the Federal system) tolls the statute of limitations.
The Act defines a "product liability claim" as an action seeking compensatory damages from the manufacturer or supplier of a product "for death, physical injury to person, emotional distress, or physical damage to property other than the product in question." Damages must have arisen from: (1) the product's defective manufacture or construction; (2) the product's defective design or formulation; (3) inadequate warning or instruction associated with the product; OR (4) the product's failure to conform to a representation or warranty.
In a 1987 decision, Lansdowne v. Beacon Journal Publication Co., 512 N.E.2d 979, the Ohio Supreme Court stated: in private-figure defamation actions, where a prima facie showing of defamation is made by a plaintiff, the plaintiff must prove by clear and convincing evidence that the defendant failed to act reasonably in attempting to discover the truth or falsity or defamatory character of the publication.
In defamation cases, the level to which the plaintiff must prove the negligence or recklessness of defendant's conduct varies with respect to how the plaintiff is classified. A defamation plaintiff may be classified as a private person, a public official, a public figure, or a limited-purpose public figure. See Brown at 220; Kassouf v. Cleveland City Magazines, 755 NE2d 976 (Ohio Ct. App.12 2001); Talley at 106. This articles addresses the ways in which the court may determine the status if the Plaintiff in order to apply the appropriate burden on proof.
he U.S. Supreme Court decision of Masson v. New Yorker Magazine, 501 U.S. 496 (1991) refused the invitation to constitutionalize the threshold of "what is defamatory" and left it as a matter to be determined by state law. The only major difference in Ohio law is with regard to the protected status of opinions. This article briefly discusses some of the federal and state case law on the the issue of slander, libel, defamation and the relationship with "opinion" statements.
O.R.C. 2305.11(A) states that “[a]n action for libel [or] slander * * * shall be commenced within one year after the cause of action accrued[.]” A cause of action for slander accrues from the time the slanderous remarks are spoken, whether the defamed person has knowledge of the fact or not. Lyons v. Farmers Ins. Group of Cos. (1990), 67 Ohio App.3d 448, 450, 587 N.E.2d 362. A cause of action for libel accrues when the written words are first published. Reimund v. Brown (Nov. 2, 1995), Franklin App. No. 95APE04-487, 1995 WL 643939, at * 3.
Social Security evaluates a list of conditions that qualify for Social Security Disability. This article lists some of the most common conditions where Social Security finds disability.
According to the National Highway Traffic Safety Administration (NHTSA), seat belts save 9,500 lives in the USA each year. Laboratory test procedure no. 209 from NHTSA includes the general requirements for the seat belts assemblies. This articles addresses seat belt safety requirements and discusses specific seat belt recalls due to a failure to comply with seat belt safety. Statistically, over 390 million cars, trucks, buses and other vehicles have been recalled since 1966 because of the identified safety issues either voluntarily by manufacturers or after lawsuits.
Lap seat belts and three-point seat belts are the most common types of safety belts used in the vehicles. A lap seat belt is a two-point strap, going over one’s waist/pelvic area, which should remain on the pelvis during accident sequences and is designed to hold a person in a car seat. Seat belt syndrome is often mentioned in the association with the lap seat belts use in the vehicles. According to CPSafety, lap belts are perfectly safe, when used to install a harnessed child safety restraint. However, they provide poor protection to the lap belted person, endangering neck, head, spine and internal organs. This articles addresses those risks and ways to limit them.
In April 2005, Ohio Tort Reform took effect with Senate Bill 80, which substantively changed the landscape of Ohio personal injury law. This outline focuses solely on the damage limitations that went into effect. These limitations do not affect causes of action that accrued before the effective date of April 7th, 2005.
This legal memoranda addresses whether the Feres doctrine prevents an FCTA negligence / medmal claim on behalf of a discharged Iraq war veteran who received inadequate psychiatric care from a Veteran's Affairs hospital and subsequently committed suicide.
During Magnetic Resonance Angiography (MRAs) , the gadolinium agents are injected into a patient’s vein to improve the quality of the MRI images,2 which usually requires two- or three- times of the usual dose of gadolinium.4 However, serious concerns on MRI and nephrogenic systemic fibrosis, stemming from the use of gadolinium-based MRI dying agents, have appeared in the recent couple of years. This article identifies the symptoms of NSF and the clinical research supporting its link to gadolinium.
In February 2009, the FDA required all the manufacturers of metoclopramide medication, such as Reglan, to put a black box warning onto the products labels to inform patients and doctors that the medication can cause severe and often irreversible movement disorder, called tardive dyskinesia. This article addresses such topics as: "what is Reglan?"; and "How does Reglan cause Tardive Diskenesia?".
Doctor Elizabeth B.Connell, M.D in her book “The Contraception Sourcebook”, describing the future trends of female oral contraception, suggested that newly developed types of progestin, such as drospirenon, which is one of the active ingredients in Yaz and Yasmin, may potentially be associated with the stable or even slightly lowered body weight.1 In looking at the available studies,it does appears more likely that women taking Yaz have lower chances to suffer from weight gain, than those, taking other oral contraceptives.
View Yaz & Gallbladder video that outlines side effects of yaz.
The drug Yaz (Yasmin and Ocella) has been the focus of recent lawsuits and medical criticism in the recent years for its alleged increased risks of blood clots formation. It has been alleged that the novel component drospirenone, used in Yaz, Yasmin, and its generic form Ocella, causes dehydraytion leading to an increase in blood clots. The science is still developing and this is currently unproven. This article discusses the common symptoms of Deep Vein Thrombosis and Pulmonary Embolus.
Tanning beds are now "known to cause cancer," at a far higher rate than previously warned. Its findings state that the risk of cutaneous melanoma is increased by 75% when the use of tanning devices starts before age 30. This is significant because the indoor tanning industry has often claimed that tanning beds are safe because the bulbs have more UVA radiation than UVB, says American Cancer Society Deputy Chief Medical Officer Len Lichtenfeld, MD.
Lead is a toxic metal. Lead based paint is one of the leading causes of lead poisoning in the United States. According to Cincinnati’s Community Development Housing Division “one of the primary sources of Cincinnati lead poisoning is lead-based paint and lead-contaminated dust found in deteriorating buildings.”
This article summarizes Ohio motor vehicle accident statistics from National Highway Traffic Safety Administration, American Medical Association and Mother's Against Drunk Driving.
This article summarizes statistics gathered from the National Highway Traffic Safety Administration, FARS, and The Federal Motor Carrier Safety Division. Despite added regulations, accidents involving large tractor trailers and semis remain dangerous and prevelent.
The Lyon Firm is currently reviewing and accepting lead poisoning cases. Lead poisoning in children is diagnosed when the amount of lead in blood reaches 10 micrograms per deciliter or more. In order to prevent possible serious consequences of lead poisoning, it is of essential importance to recognize the signs and symptoms of lead poisoning in children as early as possible.Children are at significantly higher danger of lead poisoning because it can damage the developing nerves and brains of children. According to WebMD, chronic lead poisoning in children may cause learning problems and a decrease in IQ.
Construction accidents occur frequently in Cincinnati. This article discusses some common areas where these dangerous events occur.
Medical Malpractice/ Medication Error: Benicar Causes Terminal Birth Defect Joseph M. Lyon, along with co-counsel, Mark B. Smith, successfully represented a family who lost their newest member at birth. It was alleged that the family doctor and obstetrician failed to properly monitor the mother's medications, and, specifically, the physicians failed to discontinue Benicar (a hypertensive medication recognized to cause birth defects). As a direct result of the physicians' negligence, the fetus suffered toxicity, and the baby was born with terminal birth defects following a full term pregnancy. After expert depositions, and two years of litigation, the case was resolved at mediation for a confidential amount.
There are hundreds of cases filed nationally alleging that the birth control Yaz (Yasmin and Ocella) has contributed to gallbladder disease in many younger women carrying few risk factors for this disease. This articles discusses some of the science related to how Yaz may cause gallbladder disease.
The Lyon Firm is actively investigating cases where consumers, following the use of the birth control pill Yasmin, have reported injuries and side effects due to “increased serum potassium" and "dehydration". The associated injuries may include symptoms of hyperkalemia and heart rhythm disturbances and a diagnosis of blood clots, stroke, heart attack, deep vein thrombosis (DVT), pulmonary embolism, kidney failure, gallbladder disease and death.
Health Plans, including insurers and Union Health Plans, are harmed when Pharmaceutical Products are placed on the formulary. This article addresses different causes of actions available to health plans who were harmed by having a defective pharmaceutical on its formulary, such as Vioxx, Avandia, Trasylol, and others.
This articles discusses a common medical mistake made in emergency departments in Ohio emergency departments, the misdiagnosis of Appendicitis. The condition is easily treated when diagnosed early but may be deadly if a medical error is made.
This articles addresses how cardiologist have expanded the standard of care for the use of drug eluting stents for financial gains.
This medical malpractice article address some of the legal issues presented in lawsuits arising from the delay in diagnosing breast cancer. Specifically the article addresses the Standard of Care for Evaluating and Diagnosing Breast Cancer, The American Join Commission Classification of Types of Breast Cancer, and Defenses in cases arising from the delay in diagnosing breast cancer.
This article discusses the primary elements of medical malpractice law in Ohio. Specifically, the article addresses the elements to prove a medical malpractice case under Ohio Law:standard of care, proximate causation and damages.
Confidential settlement on behalf of a man who suffered a severe spinal cord injury following an auto accident. It was alleged that the car had a defective…
Confidential settlement on behalf of a family who lost the newest member of their family due to a medication error during pregnancy. The physician failed…
Confidential settlement on behalf of a man who suffered a catastrophic failure of a Zirconia hip implants. The femoral head "ball portion" of the hip shattered…