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How Does the Supreme Court Nomination Process Work?

February 11, 2022 by Katy Boose

Since Supreme Court Justice Stephen Breyer announced his retirement in January after nearly 28 years on the bench, experts have been speculating who will take his place. President Joe Biden promised during his presidential campaign to place a Black woman on the court when a vacancy opened; he reiterated that vow after Justice Breyer’s announcement. This would be the first time a Black woman has served on the country’s highest court. President Biden is expected to announce his candidate for this historical role by the end of February.  The Search For the Next Supreme Court Justice President Biden has said that the next Supreme Court Justice will need to fill the large shoes left behind by Justice Breyer, who he called “a model public servant at a time … [Read More...]

Injured Astroworld Festival Security Guards Not Trained for Mass Casualty Event Filing Lawsuits

November 17, 2021 by Legal Examiner Staffer

Samuel Bush still can’t get the images out of his head. “?All I can think about is those deaths,” he said.  The morning of Nov. 5, the 46-year-old arrived at NRG Park in Houston to work security at Astroworld Festival, a sold-out concert hosted by rap superstar Travis Scott. Bush found out about the job from his nephew Jackson, and he was excited to be there. He had no idea he would watch people fight for their lives and leave with broken bones himself.  Ten people were killed and hundreds injured after the crowd surged forward during Scott’s performance, crushing concertgoers near the stage. Samuel Bush became emotional as he recalled walking by a woman crying and saying she couldn’t breathe. “I was trying so … [Read More...]

Opioid Distributors Reach Settlement with Cherokee Nation

October 5, 2021 by Katy Boose

In September, the Cherokee Nation reached a settlement agreement with three of the largest opioid distributors in the country. AmerisourceBergen, Cardinal Health and McKesson have agreed to pay $75 million to the Cherokee Nation in Oklahoma for their role in the opioid epidemic. This settlement is believed to be the first of its kind with a tribal government. The Cherokee Nation is the largest tribe in America. With their office located within Tahlequah, Oklahoma, the Nation is home to more than 141,000 citizens within its reservation borders. More than 390,000 tribal citizens live around the world. For the last twenty years, the opioid epidemic has wreaked havoc with its population after opioids were sold through stores and wholesale within the Nation’s Reservation. The epidemic affected young and old alike, … [Read More...]

New Texas Abortion Law Allows Citizens to Sue

September 22, 2021 by Legal Examiner Staffer

On September 1, the Texas abortion restriction law known as SB8 or the Texas Heartbeat Act went into effect. This new Texas law restricts the timing of abortions to before fetal cardiac activity can be detected on an ultrasound. It is estimated that this can be around 5-7 weeks of pregnancy. The challenge with this is that most women are unaware that they are pregnant at this time. This law conflicts with the Supreme Court’s previous rulings that only permit abortions up to the gestation of 22-24 weeks. Up to this time period, a fetus is not viable. It’s expected that this law will restrict 85% of abortion procedures in Texas. This law effectively bans abortion for everyone once an electric activity has been seen on an ultrasound. If the … [Read More...]

Were Patients Notified of the Paragard IUD Label Change?

September 21, 2021 by Legal Examiner Staffer

The Paragard IUD is well-known as a long-term form of birth control. It’s the only non-hormonal IUD out of the five IUDs available in the U.S., meaning its users won’t experience hormonal-based side effects like headaches or nausea. However, it’s faced plenty of scrutiny over the years. Paragard has potential side effects, but much of its controversy surrounds its tendency to break during usage or removal. Unfortunately, it turns out the manufacturer changed the label without warning Paragard users about these breakage concerns.  Below, we’ll discuss the issue of Paragard breakages and the events surrounding the manufacturer’s failure to warn about them in more detail. Paragard IUD Breakage As mentioned earlier, there have been many cases of Paragard IUDs breaking while a … [Read More...]

What Options Do Sleep Apnea Patients Have With CPAP Recall?

September 13, 2021 by Legal Examiner Staffer

In June, Philips Respironics issued a product recall for specific ventilation devices and devices that treat sleep apnea due to a potential health risk. The devices were manufactured between 2009 and April 26, 2021. The recall is due to issues related to the polyurethane foam that may degrade and enter the device’s air pathway. Once in the air pathway, the particles may be inhaled by the device user. Additionally, the foam may off-gas chemicals during use. Unapproved cleaning methods may increase foam degradation. These issues could result in serious health concerns, including difficulty breathing and cancer. Here is a list of devices affected by this voluntary recall: Continuous Ventilator, Non-life supporting: DreamStation ASV DreamStation ST, AVAPS SystemOne ASV4 C-Series ASV C-Series S/T and AVAPS OmniLab … [Read More...]

Have USA Gymnastics and Abuse Survivors Agreed on a Proposed Settlement?

September 8, 2021 by Piper Jones Castillo

Young women who fell victim to sexual abuse at the hands of Dr. Lawrence G. Nassar, a long-time team doctor for the United States women’s gymnastics team, received some welcomed news.  On August 31, it was announced that a proposed settlement of $425 million to settle claims between United States Gymnastics and hundreds of Nassar’s victims has been filed and is moving forward through the legal process. Both sides are aiming to see final approval by the end of the year. Nassar, who also had a sports medicine practice on the campus of Michigan State University, was convicted of multiple sex crimes in 2018 and is currently serving back-to-back sentences that should keep him behind bars for the rest of his life. Many of his victims … [Read More...]

What Are Sex Abuse Look-Back Windows?

August 26, 2021 by Katy Boose

When a crime is committed, there is a limited period of time afterward when the crime can be reported to the authorities and charges filed. In most states, there are statutes of limitations that limit the time when someone can be charged with a crime. In many child sexual abuse cases, those who experienced the horrific crimes may not be ready to come forward until they are much older. Countless studies have shown that the average age of a child sexual abuse victim is 52 years old when they disclose they were abused as a child. Unfortunately, this means that the statute of limitations has most likely expired before the abuse is finally reported.  In the case of children, there are countless reasons why they may not disclose … [Read More...]

Free Britney! What Is a Conservatorship?

August 25, 2021 by Legal Examiner Staffer

Hollywood celebrities, specifically Britney Spears, have brought conservatorship into the spotlight. We’ve put together some information explaining conservatorship, why it is used, why a lawyer is involved and what’s the buzz around the #FreeBritney movement. What Is a Conservatorship? Similar to guardianship, conservatorship is a legal status where a court appoints a person to manage an individual’s affairs. The individual under a conservatorship may be a minor, incapacitated, or incompetent due to various reasons, including health, age and mental capacity. In many cases of aging adults with dementia or other age-related disorders, these aging seniors may need to be placed under conservatorships. Why Is a Conservatorship Necessary? Some conservatorships may only cover an individual’s physical care and living arrangement, while others may also cover a financial … [Read More...]

What To Do If You Used Johnson & Johnson Recalled Sunscreen Products?

August 10, 2021 by Piper Jones Castillo

On July 14, as countless Americans across the country enjoyed a summer day in the sun, officials at Johnson & Johnson (J&J) in New Brunswick, New Jersey, released distressing news.  Benzene, a dangerous carcinogen, had been detected in samples of several J&J spray sunscreens, forcing the company to issue a voluntary recall. Included were four Neutrogena aerosol products – Beach Defense, Cool Dry Sport, Invisible Daily Defense and Ultra Sheer, as well as Aveeno Protect + Refresh aerosol sunscreen. In a statement, the company stressed the decision to recall the products was made “out of an abundance of caution.”  J&J did not say how many bottles were affected or what the exact benzene levels were.  What is Benzene? Benzene is a chemical that is a … [Read More...]

Surgical Staplers & Staples: What You Need to Know

August 5, 2021 by Legal Examiner Staffer

Humans have used sutures to close wounds — surgical or otherwise — and hold them together as far back as Ancient Egypt.  It wasn’t until 1908 that a Hungarian physician named Hümér Hültl attempted to advance wound closure methods by inventing the first surgical stapler. Since then, the industry has refined and modernized these devices. Today, these staplers are used for closing surgical wounds in a variety of procedures. However, there has been significant legal controversy around their usage, with plaintiffs asserting that they or their loved ones suffered death or permanent injury through malfunction or misuse. Below, we’ll explore these medical devices in more detail and briefly explain the potential dangers and legal controversy. What Are Surgical Staples? Surgical staples are special staples applied to surgical wounds … [Read More...]

The Paraquat & Parkinson’s Disease Connection

August 5, 2021 by Legal Examiner Staffer

Paraquat is one of the most effective weed killers on the market. It easily destroys plants and grasses resistant to Roundup, another popular herbicide, making paraquat popular with farmers, agricultural workers, and ranchers. Paraquat is also more affordable than its competitors, so it’s no wonder that U.S. farmworkers use more than eight million pounds every year on crops like cotton, soy, and corn.  While Paraquat has its benefits, it’s also deadly to more than just plants. The herbicide is banned in more than 30 countries worldwide, including China. The European Union banned paraquat in 2007 after Sweden, Denmark, Austria, and Finland all voiced concerns about its safety.  While only available for industrial use in the U.S., workers who apply paraquat are at high risk of exposure. One … [Read More...]

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