Baton Rouge Louisiana Personal Injury Law Blog

What makes a drug defective?

A pharmaceutical drug may be considered defective if its effects, manufacturing, labeling or inadequate warning has caused harm to a consumer. In Louisiana, a product liability case involving drugs may proceed under one of these theories or a combination of all of them. A drug may have harmful side effects that were  previously unknown or concealed. There may also have been issues with a drug’s manufacturing, which cause it to either be corrupted in its composition or otherwise contaminated or improperly packaged. If a drug’s labeling provides insufficient information or an inadequate warning, then use of the drug on that basis could cause harm. Instructions also may be deficient or incomplete and recommendations on the use of the drug could be incorrect.

Under the Louisiana Product Liability Act, a drug may be “unreasonably dangerous” if a manufacturer fails to provide an adequate warning that the product may cause damage to the consumer. However, a manufacturer is not required to provide such a warning if the product is not abnormally dangerous or the consumer should know that the product is dangerous.

Underinsured motorist coverage may come in handy

Imagine driving through Baton Rouge on your daily commute. It's Friday, so all you have to do is make it through the day and then you can relax for the weekend. Unfortunately, things take a turn when another driver runs a stop light and slams into the side of your car. Instead of the nice, relaxing weekend you were hoping for, you now have to spend a couple of days in the hospital and then deal with the damage to your car.

To make matters worse, the other driver only has the minimum amount of coverage, which is not nearly enough to cover your medical expenses much less the repairs or replacement cost of your car.

3 injuries that should not be ignored after a car accident

After an accident, many drivers in Louisiana want to pick up and move on with life, but injuries resulting from a car crash need to be addressed. In particular, some injuries are warning signs of more serious conditions that should not be ignored.

According to KTAR News, getting headaches after a car crash may seem innocuous, but these can be a symptom of much more concerning health issues. Concussions, neck injuries like whiplash and even blood clots in the brain could be masquerading as simple headaches, so those who begin to have them after a car crash should seek medical attention to confirm there is not a serious underlying issue. Whiplash, for example, is not always easily diagnosed, and sometimes a CT scan or an MRI is needed to be able to see the full effects a crash had on a person's physique.

Drunk boater kills one child, injures two others

Louisiana residents who are concerned about the dangers posed to them by people who make the choice to drive after drinking should know that these risks are not faced only on the road. Operating a boat while or after consuming alcohol can be equally dangerous to drivers and passengers alike. It is for this reason that the laws recognize driving while intoxicated charges as applicable to boaters as well as to drivers of automobiles.

A 35-year-old man has recently been charged with multiple criminal offenses related to his alleged involvement in a drunk boating accident that happened on the Old Sabine River not far from where Louisiana and Texas meet. According to reports, the man drove his boat into an embankment while towing three children on an inflatable. Two of the children were injured and one required treatment at a hospital. The third child, a boy who was only eight years old, died in the accident.

Medical malpractice and victims' rights

Important surgeries are, needless to say, stressful; when a surgeon performs a surgery on the wrong limb, the wrong side of the body, or even the wrong patient, that stress is only magnified. Many might assume that such errors in medical practice are unheard of in America, but thousands occur each year. Louisiana law protects patients who have experienced such traumatic incidents. Victims of surgerical errors may choose to file a medical malpractice claim, and while such claims can prove to be complex, wrong-site and unnecessary surgeries are inacceptable in that they are all preventable. 

While most Louisiana residents might assume incidents of wrong-site surgeries are few and far between, USA Today reports on the alarming statistics of such errors. Some patients are victims to surgeries on the wrong body parts or the wrong sides of their bodies, but others have recently experienced surgeries that were not necessary to begin with. USA Today remarks on the overwhelming number of patients who experience these surgeries, stating that tens of thousands of times each year, patients undergo completely unnecessary surgeries. Some of these patients fall victim to criminal doctors who perform the surgeries solely for the purpose of personal financial gain. In addition, USA shows that unnecessary surgeries account for a whopping 10 to 20 percent of all operations in some specialties, including cardiac procedures. 

Federal class action for prescription blood thinner

It is important for prescription drug users in Louisiana to be aware of the potential side effects of the medications they are taking and avoid dangerous interactions. Sometimes, however, patients are simply not given enough information to make an informed decision about whether or not to use a drug. In these cases, defective drug lawsuits can arise. Here is a rundown of the legal basis for these types of lawsuits and one current defective drug lawsuit that has the potential to affect many patients in the United States.

As FindLaw explains, the fact that a drug has been approved by the FDA does not mean that it cannot later be found defective. The determination that a drug is defective has to do with the warnings and usage instructions provided by the manufacturer. Drug manufacturers have a duty to warn users about the known side-effects of using a drug. If a manufacturer has failed to live up to this duty by inadequately warning prescribers and patients, they may be held liable in court.

How serious are spinal cord injuries after a motor vehicle crash?

Spinal cord injuries from a motor vehicle crash can vary from minor issues that heal completely to severe ones that can lead to paralysis or death. There are several factors that impact the outcome of the injury and how a person is able to live after it.

There are questions that often come up about spinal cord injuries. Here are some answers that might provide valuable information for you:

Doctor misconduct: are you fully informed?

Especially with today's advanced medications and medical technologies in Louisiana, doctors are generally seen as professionals that individuals can trust. However, when patients follow doctors' orders and nevertheless still experience illness or even worsened conditions, a new, complex set of issues arises. 

The Louisiana Record, a source that covers the state's legal system in a way that enables readers to gain knowledge regarding health care, discusses a case in which a patient sued a Louisiana hospital for a scheduling error. The plaintiff in the case asserted that doctors could have prevented a certain type of cancer, had the plaintiff's surgery date not been prolonged. Had the New Orleans hospital not rescheduled the patient's visit, they may have addressed the patient's situation and helped prevent her slow and painful death due to the tumor. In cases such as this, plaintiffs often seek a certain amount in damages for pain and suffering, medical bills and often the consortium applying to the patient's family members.

What are primary contributors to car crashes?

Drivers in Louisiana like you are faced with constant dangers on the road. At McGlynn, Glisson & Mouton, we strive to help you avoid accidents by highlighting what can potentially contribute to them. In knowing this, you may avoid these dangerous situations more easily by being able to spot them sooner.

First, accidents can be caused by external or internal factors. External factors include:

  • The state of the road
  • The state of your car
  • Other drivers around you

What if a drug you are taking has been recalled?

You have likely heard horror stories about people dying or suffering serious injuries after taking contaminated drugs. Your fear, then, is well-founded after hearing that a drug you have been taking has been recalled. Whether you purchased it over the counter at a pharmacy in Baton Rouge or it was prescribed by your doctor, defective drugs can present significant dangers. So what should you do when you find out about a recall?

The most important step is to educate yourself as to the nature of the recall. This may not only help calm some of your fears, but it will also inform you about what you should do with the product itself (in many cases, you be entitled to be reimbursed for its expense). The U.S Food and Drug Administration classifies recalls based on the level of risk they present. Its recall categories are broken down as follows:

  •          Class I: Exposure to the recalled product presents a reasonable probability of serious health problems or death 
  •          Class II: Exposure to the recalled product could produce temporary health problems that are treatable
  •          Class III: Exposure to the recalled product is unlikely to affect your health
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McGlynn, Glisson & Mouton
340 Florida Street
Baton Rouge, LA 70801

Phone: 225-250-1751
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