On April 9th of 2009, James Hunt, a middle school principal in Robeson County and former Marine, was driving to Fairmont Middle School when an unknown motorist pulled up beside him and proceeded to blast a shotgun into his vehicle. The attack left Mr. Hunt with a shattered mouth and nose. After driving himself to the hospital in Lumberton, he was airlifted to Duke University Hospital in Durham, NC. Since the attack, Mr. Hunt has had over a dozen surgeries.
Mr. Hunt filed a claim for workers' compensation benefits, but the claim was denied. In a December 10th decision, a North Carolina Industrial Commission Deputy Commissioner ordered the school system to pay Hunt's lost wages from the time of the incident and to pay for any medical expenses related to the shooting. Mr. Hunt was represented by Benjamin T. Cochran of Hardison & Cochran.
For more information on this story, please check out the links below:
Robeson Principal Gets Workers' Comp After Shooting
Principal Shot on Way to School Gets Workers' Compensation
Robeson County Principal Shot in Face Driving to Work
* Photo of Mr. Hunt courtesy of http://whoshotprincipalhunt.blogspot.com/
December 28, 2010
December 21, 2010
The Implant Loophole: New York Times (DePuy Hip Replacement)
Since the recall of the DePuy Articular Surface Replacement (also know as DePuy A.S.R.) in August of this year, there has been a wave of news about the alleged flaws of the product and how the product came to market. A recent New York Times article by Barry Meier explores a loophole that allows implants, such as the DePuy A.S.R., to go to market without being thoroughly tested.
In a nutshell, where drugs have to be tested through a series of clinical trials, implants can be put to market if they simply resemble a product which is already used in the medical community.
The article from the New York Times (click here to read the full article) is an in-depth read on what happened from how the system went to market to present day patients who explain their pain and suffering with the implant.
Selected Quotes from the article:
Past Hardison & Cochran Blog Post on the topic of DePuy ASR:
MDL No. 2197
NBC News on the DePuy Hip Replacement (Video)
ABC News investigates the DePuy Hip Replacement System (Video)
DePuy Hip Replacement Past Article
Heavy Metal Toxicity and DePuy ASR
Lawsuits Filed after DePuy ASR Recall
Photo courtesey of Simon Davison by way of Flickr Creative Commons.
In a nutshell, where drugs have to be tested through a series of clinical trials, implants can be put to market if they simply resemble a product which is already used in the medical community.
The article from the New York Times (click here to read the full article) is an in-depth read on what happened from how the system went to market to present day patients who explain their pain and suffering with the implant.
Selected Quotes from the article:
“You are basically testing these devices in an uncontrolled way on a large number of people.”-Sidney M. Wolf, director of the Public Citizen’s Health Research Group
“I have been told that I have to be prepared that it will be like this for the rest of my life.”-Mary Ann Doornbos, a DePuy ASR patient who cannot stand up long enough to cook a meal.
“They basically said that the problem was me”-Dr. Antoni Nargol, after speaking with DePuy about a concern he had with their hip replacement system.
“It really brought it home. The destruction this situation has caused.”
-Dr. Antoni Nargol, speaking on how he felt after telling a DePuy ASR patient that there was little that could be done to ease her painful condition.
Past Hardison & Cochran Blog Post on the topic of DePuy ASR:
MDL No. 2197
NBC News on the DePuy Hip Replacement (Video)
ABC News investigates the DePuy Hip Replacement System (Video)
DePuy Hip Replacement Past Article
Heavy Metal Toxicity and DePuy ASR
Lawsuits Filed after DePuy ASR Recall
Photo courtesey of Simon Davison by way of Flickr Creative Commons.
December 16, 2010
Tips for Driving in Snow and Ice
Early this morning, parts of North Carolina were blanketed with up to three inches of snow. It wasn't anywhere near the snow we had earlier this year, but don't let the small amounts fool you. Even with small accumulation, the roads can get nasty. Check out these YouTube videos below and also check out some of the articles on tips for getting around when the driving conditions are less than perfect in the winter months.
Labels:
CA,
Car Accidents,
Driving Safety,
Winter Driving Tips
December 14, 2010
MDL No. 2197 DePuy Orthopaedics Inc. ASR Hip Implant Products Liability Litigation
Earlier this month, the Judical Panel on Multidistrict Litigation ordered the litigation involving the DePuy ASR Hip Replacement System will be held in the North District of Ohio. Check out the official ruling PDF here.
So what exactly is Multidistrict Litigation? You may have heard it refered to as a "MDL." Looking around the internet, we found a straight forward definition from USLegal.
A device frequently used to consolidate large class actions brought in federal court for pre-trial purposes. When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation which shall consist of seven circuit and district judges designated from time to time by the Chief Justice of the United States, no two of whom shall be from the same circuit. The concurrence of four members shall be necessary to any action by the panel.
The MDL statute, 28 U.S.C. § 1407 provides a procedure for the consolidation of federal cases pending in different districts that have a common question of fact. The cases are transferred to a common court by an MDL panel for consolidated pretrial hearings. Eventually, the panel remands each case to its court of origin at the conclusion of the pretrial proceedings.
Pleading Ignorance, a blog by LawyersandSettlements.com, gives an even a better snapshot of MDL's in this passage:
I like to think of it as going to a ramped up big-box retailer (like Super Target) vs. hitting a drug store, bakery, deli, grocery store and say, Old Navy, in separate trips. The consolidated Super Target just makes it easier to get what I want and need—that’s kind of the point behind an MDL.
MDL, or mulit-district litigation, allows for common issues that are part of many claims across multiple districts in a class action to be consolidated in one court for pre-trial proceedings. A judicial panel decides whether a case can be consolidated—so a group of lawyers can’t just decide on their own to consolidate things—it needs to be approved.
Bottom Line: MDL's make pretrial proceedings more efficient.
* Photo courtesey of Simon Davison by way of Flickr Creative Commons.
So what exactly is Multidistrict Litigation? You may have heard it refered to as a "MDL." Looking around the internet, we found a straight forward definition from USLegal.
A device frequently used to consolidate large class actions brought in federal court for pre-trial purposes. When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation which shall consist of seven circuit and district judges designated from time to time by the Chief Justice of the United States, no two of whom shall be from the same circuit. The concurrence of four members shall be necessary to any action by the panel.
The MDL statute, 28 U.S.C. § 1407 provides a procedure for the consolidation of federal cases pending in different districts that have a common question of fact. The cases are transferred to a common court by an MDL panel for consolidated pretrial hearings. Eventually, the panel remands each case to its court of origin at the conclusion of the pretrial proceedings.
Pleading Ignorance, a blog by LawyersandSettlements.com, gives an even a better snapshot of MDL's in this passage:
I like to think of it as going to a ramped up big-box retailer (like Super Target) vs. hitting a drug store, bakery, deli, grocery store and say, Old Navy, in separate trips. The consolidated Super Target just makes it easier to get what I want and need—that’s kind of the point behind an MDL.
MDL, or mulit-district litigation, allows for common issues that are part of many claims across multiple districts in a class action to be consolidated in one court for pre-trial proceedings. A judicial panel decides whether a case can be consolidated—so a group of lawyers can’t just decide on their own to consolidate things—it needs to be approved.
Bottom Line: MDL's make pretrial proceedings more efficient.
* Photo courtesey of Simon Davison by way of Flickr Creative Commons.
December 10, 2010
Friday Feed #66
$9.95 James Bond Rolex sells for $66,100 on eBay
Sometimes, you just don't know what you have.
The Tale of Two Dunks (well, one dunk and an attempt at a dunk)
Dunk #1: Video: JaVale McGee 'hot dogs,' misses a free-throw line dunk
Dunk #2: Seventh-grader throws down thunder dunk on a fast break
17 Amazing Holiday Gifts Under $20
Some great gifts that won't break you.
How to Stimulate Your Puppy's Growing Brain
Follow these tips and you'll be playing matches of chess with your pooch in no time.*
Woman Has Used the Same Christmas Tree Every Year Since 1928
Good story about value.
Pet Buffalo Rides in Car
Bailey the Buffalo has his own seat in the Pontiac.
* Obviously, we're kidding.
Sometimes, you just don't know what you have.
The Tale of Two Dunks (well, one dunk and an attempt at a dunk)
Dunk #1: Video: JaVale McGee 'hot dogs,' misses a free-throw line dunk
Dunk #2: Seventh-grader throws down thunder dunk on a fast break
17 Amazing Holiday Gifts Under $20
Some great gifts that won't break you.
How to Stimulate Your Puppy's Growing Brain
Follow these tips and you'll be playing matches of chess with your pooch in no time.*
Woman Has Used the Same Christmas Tree Every Year Since 1928
Good story about value.
Pet Buffalo Rides in Car
Bailey the Buffalo has his own seat in the Pontiac.
* Obviously, we're kidding.
Labels:
Buffalo,
Christmas Tree,
FF,
Friday Feed,
Gifts,
Rolex
December 8, 2010
Know Your North Carolina Workers' Compensation Statutes: §97-25. Medical Treatment and Supplies
Medical compensation shall be provided by the employer. In case of a controversy arising between the employer and employee relative to the continuance of medical, surgical, hospital, or other treatment, the Industrial Commission may order such further treatments as may in the discretion of the Commission be necessary.
The Commission may at any time upon the request of an employee order a change of treatment and designate other treatment suggested by the injured employee subject to the approval of the Commission, and in such a case the expense thereof shall be borne by the employer upon the same terms and conditions as herein before provided in this section for medical and surgical treatment and attendance.
The refusal of the employee to accept any medical, hospital, surgical or other treatment or rehabilitative procedure when ordered by the Industrial Commission shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension unless in the opinion of the Industrial Commission the circumstances justified the refusal, in which case, the Industrial Commission may order a change in the medical or hospital service.
If in an emergency on account of the employer's failure to provide the medical or other care as herein specified a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such service shall be paid by the employer if so ordered by the Industrial Commission.
Provided, however, if he so desires, an injured employee may select a physician of his own choosing to attend, prescribe and assume the care and charge of his case, subject to the approval of the Industrial Commission. (1929, c. 120, s. 25; 1931, c. 274, s. 4; 1933, c. 506; 1955, c. 1026, s. 2; 1973, c. 520, s. 1; 1991, c. 703, s. 3; 1997-308, s. 1; 1999-150, s. 1; 2005.)
* Photo courtesy of gregor_y via Flickr Creative Commons.
The Commission may at any time upon the request of an employee order a change of treatment and designate other treatment suggested by the injured employee subject to the approval of the Commission, and in such a case the expense thereof shall be borne by the employer upon the same terms and conditions as herein before provided in this section for medical and surgical treatment and attendance.
The refusal of the employee to accept any medical, hospital, surgical or other treatment or rehabilitative procedure when ordered by the Industrial Commission shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension unless in the opinion of the Industrial Commission the circumstances justified the refusal, in which case, the Industrial Commission may order a change in the medical or hospital service.
If in an emergency on account of the employer's failure to provide the medical or other care as herein specified a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such service shall be paid by the employer if so ordered by the Industrial Commission.
Provided, however, if he so desires, an injured employee may select a physician of his own choosing to attend, prescribe and assume the care and charge of his case, subject to the approval of the Industrial Commission. (1929, c. 120, s. 25; 1931, c. 274, s. 4; 1933, c. 506; 1955, c. 1026, s. 2; 1973, c. 520, s. 1; 1991, c. 703, s. 3; 1997-308, s. 1; 1999-150, s. 1; 2005.)
* Photo courtesy of gregor_y via Flickr Creative Commons.
December 7, 2010
Chicago NBC Affiliate News Story On DePuy Hip Replacement Recall
As the days go by, we are getting a closer and more personal look at what the DePuy Hip Replacement System has been doing to individuals across the United States. Today, we get to take a peak into Chicago flight attendant, Scotty McGregor's life as she lives with the DePuy Hip Replacement System.
Where many of these stories have focused more on the personal pain and suffering of the patient and the reason the product is defective, this report sheds light on who is going to pay for the revisions, doctor visits, etc. which are associated with the failure of the DePuy Hip Replacement System. This is a great video and even a twist at the end to how DePuy answered Ms. McGregor's lawsuit.
Where many of these stories have focused more on the personal pain and suffering of the patient and the reason the product is defective, this report sheds light on who is going to pay for the revisions, doctor visits, etc. which are associated with the failure of the DePuy Hip Replacement System. This is a great video and even a twist at the end to how DePuy answered Ms. McGregor's lawsuit.
December 6, 2010
ABC News Video: DePuy Hip Replacement
If you have been keeping up with our blog, you may have noticed we have been covering the news on the DePuy Hip Replacement Recall. We have been receiving many calls at the office on this device and many of the stories we are hearing are much like the young lady featured in this video below from ABC News. If the reporter and the news station look familiar, it's because the local Raleigh ABC11 I-Team investigated problems with the DePuy Hip Replacement System and their findings are included in this video report. To find out more information on the DePuy Hip Replacement Recall, please click the links below the video.
DePuy Hip Replacement: Past Article (Hardison & Cochran Blog)
Heavy Metal Toxicity (DePuy Hip Replacement) (Hardison & Cochran Blog)
Lawsuits Filed After Recall of DePuy Hip Replacement System (Hardison & Cochran Blog)
I-Team: Hip implant pain (Raleigh ABC11 News)
Heavy Metal Toxicity (DePuy Hip Replacement) (Hardison & Cochran Blog)
Lawsuits Filed After Recall of DePuy Hip Replacement System (Hardison & Cochran Blog)
I-Team: Hip implant pain (Raleigh ABC11 News)
New Hardison & Cochran Commercials
You may have noticed that our blog, Facebook, website and twitter account have all been redesigned with our new logo. The logo isn't a drastic change, but a change nonetheless. We were "Hardison & Associates" now we are "Hardison & Cochran." The last thing we are changing are our commercials. Ken and Ben recently filmed some new commercials and we took along our video camera to give you a behind the scenes look at how they were made. The video below is a commercial that features both Ken and Ben and they are speaking about our 100% Client Satisfaction Guarantee. We also took some pictures of the day. Enjoy and look for our new commercials in 2011.
Labels:
2011,
Ben Cochran,
Commercials,
Firm News,
FN,
Hardison and Cochran,
Ken Hardison
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