Personal Injury
SULZER HIP AND KNEE PROSTHESIS LITIGATION
Sulzer Orthopedics, Inc. (“Sulzer Orthopedics”) is a Texas-based designer, manufacturer, and distributor of orthopedic implants for hips, knees, shoulders, and elbows. One of the products manufactured by Sulzer Orthopedics is known as the “Inter-Op acetabular shell,” which is one component of a system used for complete hip replacements. In early December of 2000, Sulzer Orthopedics [...]
SOLATIUM DAMAGES IN COLORADO
In wrongful-death actions, non-economic damages reflect the surviving party’s nonpecuniary harm, which may include among other things grief, loss of companionship, pain and suffering, and emotional stress under C.R.S. §§ 13-21-203. As an alternative to establishing these noneconomic damages, the general assembly has provided wrongful-death plaintiffs with the option of electing a fixed award, set [...]
COLORADO DOG ATTACK & BITE CLAIMS
Every state has different laws regarding a dog owner’s liability for dog bites. In all states, a dog-bite victim can file suit to recover damages for personal injuries under “common law” for that particular state. Common laws may vary from state to state. The following guide outlines a state’s common law standard required to be [...]
CONSORTIUM DAMAGES IN COLORADO
The Colorado Supreme Court has judicially recognized a cause of action for loss of consortium, as has the Colorado General Assembly under C.R.S. 13-21-203.5 for solatium damages. A married person whose spouse has been injured by the negligence of a third party may recover for loss of `consortium,’ i.e., for loss of conjugal fellowship and [...]
PREMISES LIABILITY CLAIMS
Premises liability law is the body of cases and statutes which makes the person who is in possession of land (called the “premises”) responsible (or “liable”) for certain injuries suffered by persons who are present on the premises. This includes case with injuries resulting from dog bites, objects falling from high shelves in stores and slips/trips/falls. Although [...]
INDEPENDENT MEDICAL EXAM (IME)
An Independent Medical Examination (called an “IME”) may be scheduled for an injured person to document the nature, extent and progress of a person’s injuries and the insure that the patient is receiving appropriate care for their injury or disease. An IME may culminate in a decision to change – or even terminate – a [...]
“THE FIRST BITE IS FREE” –UNDERSTANDING THE ONE FREE DOG BITE RULE
The attached materials discuss the “one free bite rule” regarding dog attacks. If your dog bite/attack is the first one by this dog, your case may be one in which you cannot sue or collect. This gives rise to the shorthand statement that “The first bite is free.” The attached materials discuss these matters in [...]
FEDERAL EMPLOYEES’ COMPENSATION ACT (FECA/OWCP) DECISIONS/APPEALS
The Federal Employees’ Compensation Act (FECA) provides federal employees injured in the performance of duty with workers’ compensation benefits, which include wage-loss benefits for total or partial disability, monetary benefits for permanent loss of use of a schedule member, medical benefits, and vocational rehabilitation. This Act also provides survivor benefits to eligible dependents if the [...]
CRANIOSYNOSTOSIS AND MEDICAL MALPRACTICE
To help manage the molding that many newborns have as they go through the birth canal and then to deal with the brains rapid growth in the first years of life, the bones of an infant’s skull are separated by the cranial sutures (sagittal, right and left coronal and lambdoid and the metopic suture) and [...]