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Cleveland Ohio Legal Blog

How medication packaging can be defective, dangerous

Prescription drugs are subject to strict rules, guidelines and testing procedures to ensure they are safe to put onto the market. However, between the rush to get them in the hands of patients and the sometimes poor oversight in quality, defective products can be released and pose a threat to patients.

However, it's not always the drugs themselves that contain a dangerous defect. In some cases, it is the packaging in which the drug comes.

With summertime approaching, dog bites are on the rise

Summer’s here. More and more Ohioans are donning shorts and tees and taking to parks and sidewalks. However, summer months also mean an increase in dog bites and dog attacks, as people have more opportunities to interact with both friendly and unfriendly canines.

Even the friendliest dogs can have bad days, and the consequences can be severe, from scratches and bites to potentially fatal attacks. According to reports, some 4.5 million Americans are bitten by dogs each year, with most of those attacks involving children. In particular—and perhaps non-surprisingly—postal workers are also at the center of many attacks, with an increase of over 3 percent from the previous year.

Ohioans: Be especially aware of dog bite risks this summer

Did you know that you can be at a higher risk of being bitten by a dog during summer months? 

This shouldn't be that surprising, considering the fact that more people are out and about more often during the summer. This is especially true for kids who are on break from school and spending more time playing outside. With all this in mind, we want to give readers a few reminders about safety around dogs and what to do in the event of a bite.

How do I figure out where (and when) I was exposed to asbestos?

If you or a loved one has been diagnosed with an asbestos-related illness like asbestosis or mesothelioma, then you would be wise to consider your legal options. Between the cost of medical care and the emotional trauma associated with these conditions, the damages suffered can be massive.

However, you might be intimidated by the prospect of a legal claim if you don't know when or where the exposure occurred in the first place, as there can be 10-50 years between exposure and the manifestation of symptoms. Thankfully, there are ways to track down the source of asbestos exposure, even it if happened 50 years ago.

Inspection blitz gets unsafe truckers, trucks off the road

When you pass a commercial truck on the highway, you are probably not thinking about how long the driver has been behind the wheel or when the brakes of the truck were last inspected. However, driver performance and vehicle maintenance are critical to the safe operation of these massive trucks.

Unfortunately, not everyone takes seriously the importance of these elements, which leads to unsafe truckers and trucks being on the road. To combat this, the Commercial Vehicle Safety Alliance conducts an annual inspection blitz to enforce regulations and prevent violations.

The Facts Behind Asbestos, Railroad Workers and FELA

For centuries, rail has been the cornerstone of American transportation. To this day, presidents and other elected officials tout the rail industry and remark on the need to expand and improve on our railroad systems. Due to our reliance on intercontinental transportation, the railroad industry has hired thousands of workers to build, repair and maintain the tracks and associated equipment, including the locomotives and all parts within.

However, with the work came risks, some which are less apparent though longer lasting than others. In particular, exposure to asbestos has been a major problem in the rail industry dating back decades, particularly during the height of its usage between 1930 and 1970. 

Sworn to Fun - Loyal to None - The Art of Lane Positioning for Safer Riding

"Sworn to Fun - Loyal to None - The Art of Lane Positioning for Safer Riding" sponsored by The Goldberg Law Firm Co., LPA was written by seasoned motorcycle rider, David Winkelhake just in time for Motorcycle Safety Awareness Month.  With warmer weather, it's time to remind everyone to be on the alert and to share the road with motorcyclists.  Riders who have been cooped up all winter are excited to be out on the road again, but that shouldn't stop them from using caution.  Both motorcyclists and motorists need to be aware of their surroundings. Checking blind spots, mirrors and using turn signals are necessary when changing lanes and when passing, but at all times, riders should consider their lane positioning.  Have fun this summer and keep the rubber side down!

The potential dangers of some metal on metal hip replacements

As more and more Americans age into retirement, hip replacements around the U.S. are skyrocketing, according to reports. For many, a hip replacement can provide mobility and with it, opportunities that had been curtailed many years prior. However, for some, this new lease on life can turn out to be a nightmare, as individuals around the country are suffering the negative effects of some metal-on-metal (MoM) hip replacements.

For years, the Food & Drug Administration (FDA) has warned patients across the U.S. about the potential risks of MoM hip implants. But, with significant issues and even recalls surrounding some of the most popular MoM orthopedic manufacturers, including Stryker and DePuy, it’s worth revisiting the dangers surrounding some hip replacement orthopedics, and potential steps that patients and can take to prevent, treat, and seek compensation from serious injuries.

Sua Sponte Appellate Decisions

As appellate counsel, it is important to clearly state the assigned errors and the reasons and arguments in support. Sometimes an appellate panel debates the merits of missing arguments more than the parties. In Yurkowski v. Univ. of Cincinnati, the result favored the plaintiffs, despite their lack of specificity. It was the second appeal to the Tenth District, the first resulting in a reversal after a bench trial. In the first appeal, the Tenth District held that the trial court used the wrong standard of care in determining whether the defendants breached a duty owed to the plaintiffs. After informing of the correct standard, the matter was remanded. Upon remand, a successor judge ordered briefs on the issue, and resolved the matter again in favor of the defendants. 

Discovery of Privileged Material Revisited

Last week, it was noted that the Ohio Supreme Court revised its interpretation of appellate review of issues pertaining to discovery of privileged material. The new "Chen test" requires parties seeking an interlocutory appeal of a trial court's order, compelling the discovery of privileged material, to establish that no adequate remedy exists if the appeal were delayed until after the case was resolved. On that same day, the Second District released a decision involving a trial court's order compelling the discovery of privileged material that is illustrative of this new concept. Most of the issues in the Second District's case were non-unique.

For example, in that case, Marcum v. Miami Valley Hospital, the Second District acknowledged the trend of not requiring an in camera inspection of the documents in every case, limiting a prior case that indicated otherwise. In holding, the court noted that the appellant failed to file for a protective order and had not otherwise established her burden of demonstrating that the materials were in fact privileged and irrelevant to the current appeal. The defendants had sought 12-years worth of medical records preceding the death underlying the cause of action. This highlights the importance of trial counsel taking the necessary steps at the trial stages to preserve the privilege issue for the appeal. Further, the invocation of privilege cannot be general,

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