| Read Time: 5 minutes | Car Accident

Examples of Wrongful Death Cases

Losing a loved one is a difficult thing for anybody. Losing a loved one due to someone else’s negligence can be even harder. Lives are cut short every day for many reasons, but losing a loved one in an accident caused by someone else’s negligent actions is especially tragic. When such an event happens, the family of the person who died is entitled to compensation. Wrongful death suits occur when someone who has lost a loved one due to someone else’s negligence files a claim against the individual responsible for the death. In 2019 more than 170,000 people lost their lives in the US from accidents or unintentional injuries. In fact, such accidents are the third leading cause of death in the US. While accidents happen in an almost infinite number of different ways, some wrongful death causes are more common than others. Here are some examples of wrongful death causes. Car Accidents There is no way to ignore the fact that driving a vehicle can be dangerous. While many of us may go years without getting into a car accident, others are not so lucky. Many wrongful death lawsuit cases happen each year after fatal car accidents. Generally, if a driver’s negligent actions cause a death on the road, they are liable for the wrongful death.  The number of car accident fatalities each year may surprise you. More than 38,000 people die in car accidents each year. In 2020, while there was less traffic volume than normal due to the COVID-19 pandemic, the number of vehicle fatalities rose. Some experts say that the increase in fatalities was due, in part, to increased rates of speeding in the US. If a loved one dies after a car accident that someone else negligently causes, you are entitled to compensation through a wrongful death claim. Some of the most common causes of death after car accidents stem from things like: Brain injuries, Neck injuries, and Internal bleeding. The two best things you and your loved ones can do to avoid suffering a fatal injury in a car accident are wearing your seatbelt and avoiding distractions while driving. Defective Products Defective products lead to numerous wrongful death claims each year. Most consumer products producers are responsible for ensuring consumer safety as long as their products are used as intended. Some products are inherently dangerous, but other times, a consumer product can have a fatal defect. For example, a cooking utensil that leaches deadly chemicals into food as it is used as intended can lead to a wrongful death claim against a manufacturer. Similarly, a safety feature in a vehicle that doesn’t work properly, like a seatbelt that comes unbuckled easily in an accident, can easily cause fatal injuries and leave the manufacturer liable for wrongful death claims. Even an inherently dangerous consumer product, such as a gun, comes with an assumption of safety with proper use. A defective part in a gun that causes a chambered round to go off without the user pulling the trigger can easily lead to a wrongful death claim.  When a manufacturer of goods is made aware of a dangerous defect in their product, they are responsible for notifying the public of that defect and recalling any defective products. They are also responsible for replacing those products free of charge. Boeing became responsible for numerous wrongful death claims after a design flaw caused some of their 737 Max commercial aircraft to crash in 2018. Since then, in addition to settling wrongful death claims, Boeing has recalled and replaced all of the affected 737 Max airplanes. If you want to keep track of any consumer product recalls to help ensure your safety, the US Consumer Product Safety Commission (CPSC) is the best place to do so. The CPSC website contains a database of all consumer product recalls. You can even subscribe to the CPSC to get a newsletter of product recalls relevant to you. Workplace Accidents Unfortunately, many accidents happen in the workplace. While all employers must provide their employees with a safe workspace, some employers fail to do so. Even an employer who takes all necessary precautions can have a fatal accident occur at their workplace. In addition, some jobs and workspaces are more dangerous than others. For example, a construction site will typically be more dangerous than an average office.  While the vast majority of workplace injuries are nonfatal each year, the number of fatal injuries is still significant. Employers in the US reported 2.8 million nonfatal injuries in 2019. During the same period, however, a total of 5,333 workers died due to workplace injuries. If a loved one dies after a workplace accident, you can file a claim through their employer’s workers’ compensation program. Most employers in the US are required to maintain workers’ compensation insurance. However, if a loved one dies due to negligence by someone other than their employer or coworker, or if the employer did not carry workers’ compensation insurance, you may be able to seek additional compensation through a wrongful death claim. Medical Malpractice Medical malpractice commonly gives rise to wrongful death claims. Medical malpractice is estimated to take roughly 250,000 lives each year. Generally speaking, medical malpractice occurs when an error in medical treatment leads to injury. If the patient dies due to a medical error, their loved ones are entitled to compensation through a medical malpractice wrongful death claim. To file a successful wrongful death claim based on medical malpractice, one must prove that the death was caused by a medical provider’s mistake that amounts to a violation of the medical standard of care. Pedestrian Accidents Another common source of wrongful death claims is pedestrian accidents. Unlike when a car strikes another vehicle, when a car strikes a pedestrian, the pedestrian does not have the protection that a vehicle offers. Thus, a pedestrian receives the full force of impact when a car strikes them. As a result, it is not uncommon for injuries to a pedestrian after being struck by...

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| Read Time: 3 minutes | Dangerous Drugs

Who Can File a Wrongful Death Lawsuit in Kentucky?

When you lose a loved one due to someone else’s actions, you may experience many emotions. Naturally, you feel grief and anger. You may also wonder how you can achieve justice for your loved one and prevent others from experiencing similar harm. At Gerling Law, we can’t take away your pain. However, we can help you pursue justice. We can help you hold the person who caused your pain accountable for their actions. Our compassionate attorneys have been representing victims and their families for decades. If you would like to speak with one of our knowledgeable lawyers, call anytime for a free consultation. When many clients initially speak with us, they’re not sure if they can sue for their loved one’s death. Here, we provide an overview of who can file a lawsuit for wrongful death and what such legal action involves. What Is a Wrongful Death Lawsuit? The goal of a wrongful death lawsuit is to compensate the surviving family for the harm they have suffered. Before considering a Kentucky wrongful death lawsuit, you should know what the term actually means. Wrongful death is the death of a person caused by the negligent or wrongful act of another. This wrongful act could be unintentional or purposeful. In other words, someone does not have to intend to kill your loved one for it to be a wrongful death. A person or company might be responsible for your loved one’s death. For instance, if a drunk driver hits your loved one, that individual should be held responsible. However, if a sober driver hit your loved one after her brakes malfunctioned, the auto manufacturer may be liable. Who Can File a Kentucky Wrongful Death Lawsuit? In Kentucky, the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit. The probate court names a personal representative based on the instructions in the deceased’s will or the preference of the judge. While the personal representative files the wrongful death lawsuit, most of the lawsuit proceeds go to the deceased’s estate and surviving family members. Funeral and burial expenses, as well as attorney fees, go to the estate. But then the remainder of the award goes to the deceased person’s surviving family members. Payment is awarded according to these rules: All to the surviving spouse if there are no surviving children; If there are a surviving spouse and surviving children, half to the spouse and half divided among the children; If there is no surviving spouse, all divided among the children; or  If there is no surviving spouse or children, all to the surviving parents. If there is no surviving spouse, children, or parents, the wrongful death award goes to the estate. After paying debts, the award will be distributed according to the deceased’s will or intestate succession rules. What Damages Are Available? A wrongful death lawsuit compensates family members for the harm they have suffered as a result of their loved one’s death. You can sue for these damages in a wrongful death case: Pain and suffering, Loss of companionship, Loss of support, Loss of care, Funeral and burial expenses, and Attorney fees. You may also be able to request punitive damages for intentional harm or gross negligence. These damages go beyond compensating your family for the harm suffered. Instead, they serve the goal of punishing the person for their wrongful actions. The State may choose to criminally prosecute the defendant, but that is a separate legal action. A criminal prosecution punishes a wrongdoer by taking away their freedom. A wrongful death lawsuit is a civil action that will not put the defendant behind bars but seeks to financially compensate your family for the death of your loved one. If you think you might have a Kentucky wrongful death claim, you should contact an experienced attorney. At Gerling Law, we have helped grieving family members with wrongful death claims in Kentucky for decades. We have the experience to get the results you deserve while showing you compassion and respect. Contact our law firm for a free consultation. You’ll have the opportunity to ask questions and get to know our knowledgeable legal team. If we think we can help you, you should know that we work on contingency. This means you owe us nothing until we win your case. Review our decades of winning cases here, and call us when you’re ready to talk. Don’t trust the fight for justice and your family’s financial future with just anyone. Remember: Go with Experience. Go with Gerling.®

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| Read Time: 2 minutes | Defective Medical Devices

Bard To Pay $3.6 Million In IVC Filter Bellwether

March 30, 2018 – An Arizona jury unanimously ruled in favor of Plaintiff who claimed that she suffered injuries after receiving a G2 IVC filter device which later fractured in her body. Visit our IVC filter lawsuit page for more information. Please don’t hesitate to call us today if you think you need help with a similar case. References: Silvestrini, Elaine. “$3.6 Million Awarded in First Bard IVC Filter Case.” Drug Watch, 30 March 2018, https://www.drugwatch.com/news/2018/03/30/3-6-million-awarded-first-bard-ivc-filter-case/. “Bard Hit With $35M Punitive Damages In NJ Mesh Case.” Law360, 13 April 2018,  https://www.law360.com/articles/1033164/bard-hit-with-35m-punitive-damages-in-nj-mesh-case. “Class 1 Device Recall OptEase Vena Cava Filter.” U.S. Food and Drug Administration, 29 March 2013, www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRES/res.cfm?id=119066. “Class 3 Device Recall Gunther Tulip Vena Cava Filter Sets”. U.S. Food and Drug Administration. 19 March 2019, https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfres/res.cfm?id=171163. “Compensation for IVC Filter Patients”.  Consumer Safety Watch, https://www.consumersafetywatch.com/compensation-ivc-filter-lawsuit/?gclid=Cj0KCQiAqdP9BRDVARIsAGSZ8AlPudcVEUnp1J7fZ2qrJkMsyt7PIhRz4ZIIW5FZmqb9cxvtM3oe_hYaAsbdEALw_wcB. Deso, Steven E., et al. “Evidence-Based Evaluation of Inferior Vena Cava Filter Complications Based on Filter Type.” Thieme Medical Publishers, June 2016, www.ncbi.nlm.nih.gov/pmc/articles/PMC4862854/. “IVC Filter Lawsuit – Legal Claims for Complications and Injuries”.Shouse California Law Group, https://www.shouselaw.com. Morales, JP, et al. “Decision analysis of retrievable inferior vena cava filters in patients without pulmonary embolism.” Journal of Vascular Surgery. Venous and lymphatic disorders 1(4):376-84, https://www.fda.gov/downloads/MedicalDevices/Safety/AlertsandNotices/UCM396384.pdf. “Multidistrict litigation”. 28 USC 1407, ttps://www.law.cornell.edu/uscode/text/28/1407. Polemenakos, Lori. “$1.2 Million Verdict Reached In Cooke Celect IVC Filter Trial.” Leading Response, 30 May 2018, https://leadingresponse.com/ivc-filter-verdict/. Ray, John. “Will $33.7 Million IVC Filter Verdict Expedite Mass Settlement?” Mass Tort Nexus, 30 October 2019, https://www.masstortnexus.com/News/5406/Will-337-Million-IVC-Filter-Verdict-Expedite-Mass-Settlement#:~:text=Rex%20Medical)-,The%20Jury%20awarded%20Tracy%20Reed%2DBrown%20%241%2C045%2C764%20million%20in%20future,presided%20over%20the%20Reed%20case. Shah, Rena, MD et al. “Appropriate Use of Inferior Vena Cava Filters.” American College of Cardiology, 31 October 2016, www.acc.org/latest-in-cardiology/articles/2016/10/31/09/28/appropriate-use-of-inferior-vena-cava-filters. Silvestrini, Elaine. “$3.6 Million Awarded in First Bard IVC Filter Case.” Drug Watch, 30 March 2018, https://www.drugwatch.com/news/2018/03/30/3-6-million-awarded-first-bard-ivc-filter-case/. Teicher, Erica. “Johnson & Johnson hit with over $1 billion verdict on hip implants.” Reuters, December 2016, https://www.reuters.com/article/us-johnson-johnson-verdict-hipimplants-idUSKBN13Q5XF. Turner, Terry. “IVC Filter Lawsuits, Verdicts & Settlements”. Drugwatch, 7 July 2020,  https://www.drugwatch.com/ivc-filters/lawsuits/. Turner, Terry. “IVC Filter Removal”. Drugwatch, 17 November 2020, https://www.drugwatch.com/ivc-filters/removal/. “Warning Letters – C.R. Bard, Inc. 7/13/15.” U.S. Food and Drug Administration, 13 July 2015, https://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm455224.htm

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| Read Time: < 1 minute | Defective Medical Devices

C.R. Bard Slammed With Multi-Million Dollar Loss

April 13, 2018 – A day after a jury awarded Plaintiff and her husband $33 million in compensatory damages, the same jury found that an additional $35 million in punitive damages was warranted because Bard “acted maliciously or in wanton and willful disregard of the rights” of Plaintiff. Visit our IVC filter lawsuit page for more information. Please don’t hesitate to call us today if you think you need help with a similar case. Reference: “Bard Hit With $35M Punitive Damages In NJ Mesh Case.” Law360, 13 April 2018,  https://www.law360.com/articles/1033164/bard-hit-with-35m-punitive-damages-in-nj-mesh-case.

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| Read Time: < 1 minute | Defective Medical Devices

Plaintiff Awarded $1.2 Million In Cook IVC Filter Lawsuit

May 24, 2018 – A Texas jury awarded a firefighter $1.2 million after finding that Cook should have properly warned the man’s surgeon of the risks of its IVC filter after it caused debilitating injuries. Visit our IVC filter lawsuit page for more information. Please don’t hesitate to call us today if you think you need help with a similar case. Reference: Polemenakos, Lori. “$1.2 Million Verdict Reached In Cooke Celect IVC Filter Trial.” Leading Response, 30 May 2018, https://leadingresponse.com/ivc-filter-verdict/.

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| Read Time: < 1 minute | Defective Medical Devices

Woman Awarded $33 Million in IVC Filter Lawsuit

November 2019 – A jury in Philadelphia awarded more than $33 million to a woman who was injured as a result of a defectively designed blood filter. Visit our IVC filter lawsuit page for more information. Please don’t hesitate to call us today if you think you need help with a similar case. References: Mitchell, Max. “Philadelphia Jury Awards $33M in City’s First IVC Filter Trial.” The Legal Intelligencer, 28 October 2019, www.law.com/thelegalintelligencer/2019/10/28/phila-jury-awards-33m-in-citys-first-ivc-filter-trial/?slreturn=20191108093839 Ray, John. “Will $33.7 Million IVC Filter Verdict Expedite Mass Settlement?” Mass Tort Nexus, 30 October 2019, https://www.masstortnexus.com/News/5406/Will-337-Million-IVC-Filter-Verdict-Expedite-Mass-Settlement#:~:text=Rex%20Medical)-,The%20Jury%20awarded%20Tracy%20Reed%2DBrown%20%241%2C045%2C764%20million%20in%20future,presided%20over%20the%20Reed%20case.

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| Read Time: < 1 minute | Defective Medical Devices

Jury Awards $3 Million In Third Cook MDL Bellwether

January 6, 2020 – In the final of three bellwether trials held in the Southern Indiana District Court against Cook Medical IVC filter devices, a jury awards the plaintiff $3 million. Visit our IVC filter lawsuit page for more information. Please don’t hesitate to call us today if you think you need help with a similar case. Reference: “In re Cook Med., Inc., IVC Filters Mktg., Sales Practices & Prod. Liab. Litig.” Casetext, 06 January 2020, https://casetext.com/case/in-re-cook-med-inc-ivc-filters-mktg-sales-practices-prod-liab-litig-3.

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| Read Time: < 1 minute | Defective Medical Devices

Bard, Cook, and Cordis IVC Filter MDL Status Updates

November 2020 – Lawsuits against C.R. Bard and Cook Medical’s claim that devices were defective. This defect makes it more likely to fracture or perforate the inferior vena cava. Visit our IVC filter lawsuit page for more information. Please don’t hesitate to call us today if you think you need help with a similar case. References: Turner, Terry. “IVC Filter Lawsuits, Verdicts & Settlements”. Drugwatch, 7 July 2020,  https://www.drugwatch.com/ivc-filters/lawsuits/. Turner, Terry. “IVC Filter Removal”. Drugwatch, 17 November 2020, https://www.drugwatch.com/ivc-filters/removal/.

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| Read Time: < 1 minute | Defective Medical Devices

Johnson & Johnson Issues an Urgent Field Safety Notice

May 25, 2016 – Johnson & Johnson issued an “Urgent Field Safety Notice” to warn of the higher instances of hernia recurrence and revision surgery needed from the Ethicon Physiomesh Composite Mesh. This served as a voluntary recall of all unused products. However, in the U.S., this was categorized as a “market withdrawal”, not a “recall”. References https://www.moph.gov.lb/userfiles/files/Medical%20Devices/Medical%20Devices%20Recalls%202016/8-6-2016/ETHICONPHYSIOMESH%E2%84%A2FlexibleCompositeMesh.pdf.

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| Read Time: < 1 minute | Defective Medical Devices

Lawsuits Scheduled for Ethicon’s Physiomesh

October 25, 2016 – The first lawsuits were scheduled for the Ethicon Physiomesh which had been removed from the global market in May 2016 after reports it degraded inside patients and did not function as intended. For other updates and information, please visit our hernia mesh litigation page. References Akre, Jane. “Lawsuits Scheduled for Ethicon’s Physiomesh Hernia Mesh.” Mesh News Desk, October 25, 2016, https://www.meshmedicaldevicenewsdesk.com/.

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