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New Virginia Law Allows Fetal Wrongful Death Lawsuits

June 24, 2012 /24-7PressRelease/ — In April, Governor McDonnell signed into a law a bill that allows expectant parents to sue for the wrongful death of their unborn child. The law was one of several abortion-rights related bills that were introduced in the state legislature this session, though it did not divide legislators as the other bills have. It was sponsored by several Republican senators and passed in the Senate 33-6.Provisions of the Wrongful Death of a Fetus Law

The bill will provide expectant parents recourse for the wrongful death of their fetus. Any death caused by the wrongful act, neglect or default of any person, corporation, ship or vessel would be subject to the law, including medical malpractice by a doctor or other medical professional.

Perpetrators of domestic abuse or neglect that causes the death of a fetus may be held responsible under the new law. However, the law prohibits individuals from bringing personal injury lawsuits against the natural mother.

Liability Considerations in the Wrongful Death of a Fetus

Since the law allows parents to sue for several different reasons, it is important to understand the nuances of each claim.

First, medical professionals could be held accountable for medical malpractice. Medical malpractice occurs when a doctor or other health care professional is negligent in his or her duties to provide adequate care, including failure to follow accepted standards of practice. Hospitals may be held accountable if they failed to provide adequate training to staff or reasonable safety and health standards in their facilities.

Others may be held accountable for negligence or abuse they committed. The wrongful death of a fetus may have resulted from someone’s careless actions or failing to take reasonable care that would be expected in a [...]

By |June 24th, 2012|News|Comments Off on New Virginia Law Allows Fetal Wrongful Death Lawsuits|

National Plavix Lawyers File Wrongful Death Lawsuits on Behalf

Parker Waichman LLP has filed three lawsuits on behalf of the estates of victims who suffered fatal gastrointestinal and/or cerebral hemorrhaging allegedly due to the blood thinner, Plavix.
(PRWEB) June 15, 2012
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective drugs, has filed lawsuits alleging Bristol-Myers Squibb and Sanofi-Aventis’ Plavix caused the wrongful deaths of three patients. The suits were filed on May 30th in the Supreme Court of New York, County of New York.

One of the complaints, filed on behalf of the estate of a Rapides, Louisiana man, states that the Plaintiff-Decedent started taking Plavix in 2002 and died after a cerebral hemorrhage last June (Case No. 2017532). Another suit was filed on behalf of an Ottowa, Michigan man who began taking Plavix in July 2008 (Case No. 1043498); the Plaintiff-Decedent died in June 2009, after suffering from two gastrointestinal hemorrhages and one cerebral hemorrhage. The third suit was filed on behalf of a Bexar, Texas man and alleges that Plavix caused a gastrointestinal hemorrhage in June 2010 as well as his subsequent death that August (Case No. 1054631). All three complaints allege severe and permanent injuries, physical impairment and disfigurement, physical pain and suffering, mental pain and suffering, loss of enjoyment of life and medical expenses related to the Plaintiff-decedent’s injuries.

The lawsuits allege that the Defendants did not properly test Plavix for safety or effectiveness, exposing users to an increased risk of heart attack, stroke, blood disorders and excessive bleeding. The defendants are being charged with negligence, three counts of strict products liability (defective design, manufacturing defect and failure to warn), breach of express and implied warranty, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, [...]

By |June 15th, 2012|News|Comments Off on National Plavix Lawyers File Wrongful Death Lawsuits on Behalf|