February 2011 Archives

February 23, 2011

Manufacturer Recall Could Lead To Personal Injury Claims In North Carolina

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Johnson & Johnson announced this week it is recalling approximately 70,000 syringes. The syringes contain an injectable antipsychotic medication, Invega. Apparently, cracks in the syringes have resulted in improper dosages of the medications and infections in patients.

The company has experienced prior issues with product recalls, experiencing several such instances in the last few years. Johnson & Johnson lost approximately $900 million on product recalls in 2010. The company issued a recall in January of approximately 43 million over-the-counter medication bottles manufactured at a Pennsylvania facility. The issue in the January recall was a sanitary concern regarding the cleaning of the bottles.

The Wall Street Journal, Health Blog, J&J Recall Watch: 70,000 Syringes of Injectable Antipsychotic Pulled, 02/15/11

It is very important for you to pay close attention while taking medications, whether prescribed or over-the-counter. Despite government regulations from the FDA and the best efforts of health professionals and manufacturers, instances of negligence do occur. Dangerous prescription drugs are the result in cases where manufacturers have failed to meet the standard of reasonable care (i.e. they were negligent). In other scenarios, a pharmacist or doctor may have improperly provided a prescription, resulting in medical malpractice. In these instances, it is crucial that you understand the law and your rights. It is important that you immediately consult a Charlotte personal injury lawyer.

February 18, 2011

South Carolina Open Container Law Could Affect Charlotte Area Motorists

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On February 15, 2011, South Carolina House Judiciary Committee members debated changes to the S.C. open container statute. A proposed amendment of the statute would eliminate a six month driver's license suspension for such convictions in certain instances. Supporters of the amendment note that the current statute does not penalize those with open containers of beer or wine in the same manner as other types of open containers.

Murrell Smith, a state representative from Sumter, points out the law is unfair. Mr. Smith explained that people convicted of an open container charge for beer, wine or liquor all face a $100 fine or up to 30 days in jail. Individuals charged with open container violations for wine or beer don't have their licenses suspended, while those convicted of open container violations for liquor face the suspension. He notes "What is in your cup makes a difference in whether you get your license suspended".

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February 16, 2011

Charlotte, North Carolina Athlete Losses Criminal Appeal

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The appeal of former Carolina Panthers wide receiver Rae Carruth was recently denied Tuesday, February 15, 2011. The Fourth Circuit Court of Appeals heard the appeal via a three-judge panel. The Court's ruling focused on statements and notes of Cherica Adams, the victim and former girlfriend of Mr. Carruth. Ms. Adams was pregnant at the time of the incident, and she died several weeks after the incident in 1999.

Rae Carruth was convicted in Charlotte, NC of conspiracy to commit murder, discharging a firearm into occupied property, and using an instrument with intent to destroy an unborn child. He received a sentence of eighteen to twenty-four years in prison.

As a Charlotte, North Carolina criminal lawyer, I think this case is a unique and tragic scenario. It involves a high profile NFL athlete who, according to co-defendants, paid $6,000 to have Ms. Adams and her unborn child murdered. The child ultimately survived the attack. There was a lot of media scrutiny and public attention on the case due to Mr. Carruth's NFL career and the scandalous allegations. Ultimately, he was convicted. Regardless of exactly how you feel about the case, it proved to be a horrific scenario that touched the lives of many individuals.

ESPN.com, Rae Carruth's conviction upheld, 02/15/11

February 9, 2011

North Carolina Ranks Among The Top For Business

There is a lot of misleading information in the recent news regarding North Carolina's business climate. As the Republican Party has taken control of the state legislature, politicians have issued bold promises of cuts to spending and various unspecified "reforms". One area where some politicians more direct is the area regarding the rights of people injured by the negligence of others, and workers injured on the job. House Speaker Thom Tillis has falsely proclaimed that gutting workers' compensation laws and civil remedies for injured parties will stimulate North Carolina business. North Carolina Chamber Governmental Affairs V.P. John McAllister has also indicated that "reform" to N.C.'s workers' compensation system and tort laws are among the Chamber's top initiatives.
WRAL.com, Tillis To Business Leaders; Be Patient, 02/01/11

Unfortunately, but not surprisingly, these politicians and special interest groups like The Chamber have failed to advise the general public of a lot of key information. First, North Carolina actually ranks quite well for businesses: Ranked #1 - 2010 Best Business Climate (Site Selection Magazine); Ranked #1 - 2010 Lowest State & Local Tax Burden on Business (Council on State Taxation and Ernst & Young); Ranked #2 - 2010 Best States for Business (CEO Magazine); Ranked #3 - 2010 The Best State for Business (Forbes); Ranked #4 - 2010 Best State overall for business (CNBC); Ranked #5 - 2010 Pro-Business State (Polina Corporate Real Estate).

Secondly, these same people are attempting to pass legislation that destroys the rights of injured parties in North Carolina, while the general public (average joe) has no understanding of what is actually going on. I'm quite sure that my clients are concerned about the current economic climate of our state. I've heard from your own mouths how you wish the elected officials would stop wasting taxpayer money, and actually do their jobs. What I have yet to hear from any average citizen is that they would actually vote to give up their rights when a negligent party brought serious injury upon them.

I would encourage anyone reading this posting to pay close attention to what is actually going on in the state legislature. It is crucial that you understand what is actually being "pushed", not just listen to the slogan from a professional politician or a lobbyist group. In this political and economic climate, you must guard your individual rights and call / write your personal elected officials to demand they represent you accordingly. If you don't do so, you will find that you will have lost your rights.

If you need more information regarding this ongoing legislative matter, please contact our office.