Articles Posted in California

A Jury Verdict Research study found that the average personal injury verdict in California is 1,635,327. The median, which takes out huge verdicts like one in the study for over $100 million, is California.

California juries are tougher on liability: plaintiffs receive damages in 45 percent of cases that go to trial.

Last December, Xanodyne Pharmaceuticals agreed to stop selling Darvocet in the U.S. after the evidence of cardiac injuries from Darvocet reached critical mass. Darvocet lawsuits are now being filed in massive numbers. Yesterday, in San Francisco, Plaintiffs’ Darvocet lawyers argued that all the federal Darvocet cases should be centralized in an MDL which is sort of, but not really, a class action lawsuit.

These are the main points made in Darvocet lawsuits:

  • Xanodyne Pharmaceuticals concealed their knowledge of Darvocet’s risks from plaintiffs, the medical community, the FDA, and the American people.

In this tough legal economy, 4,364 applicants took the February California bar examination. Approximately 42% of the applicants passed the exam.

California has a tough bar. The pass rate has floated between 33 and 40 percent for the last 10 years.

The key to passing the California bar? Not having failed it before. The pass rate for the California bar was 53% for those taking the bar for the first time. Another leading indicator? Go to an accredited law school. Only 27% of those at non-ABA accredited law schools pass the exam which makes you question the wisdom of having law schools in California that are not ABA accredited.

I wrote on Sunday about the awful motorcycle accident in California that killed six people this weekend.

I predicted the hit-and-run driver who fled the scene would be found. But 72 hours later, no one has been taken into custody. How could that be? Apparently, there is one problem that we would not have in Maryland: the proximity to a safe haven in Mexico. It is now being reported that authorities plan to meet today with Mexican officials to look over border surveillance video to see if a 4-door Gold Honda Civic with California plates crossed over.

Hopefully, that haven will not be so safe, but it certainly complicates the efforts of law enforcement officers. If we find him, the driver will likely face felony hit and run and gross vehicular manslaughter charges in California.

The Merced Sun Star has a good editorial on the difficulties California has had in weeding out bad doctors. We are not talking about doctors who make a mistake and commit medical malpractice. Good doctors can commit malpractice. The most skilled of us can make mistakes that cause harm. We are talking about doctors who should not be treating patients in the first place either because their skills are below what is required to comply with the standard of care or because they are unethical. California, in its defense, has unbelievable budgetary problems that certainly don’t help their efforts to restrain bad doctors. But you might also think that California doctors could do a better job of policing their own.

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A San Mateo County jury ordered the California Department of Transportation to pay a 17-year-old girl injured in a pedestrian accident $12 million. As is the case in too many pedestrian accident cases, the plaintiff’s injuries were catastrophic: she sustained a brain injury that put her in a permanent vegetative state. No matter what the facts are, it is just an unbelievable tragedy that happens far too often.

Plaintiff’s attorneys’ case rested on the premise that uncontrolled intersections with designated crosswalks are more dangerous than unmarked crosswalks because they give pedestrians a false sense of confidence that they can cross.

These pedestrian cases against state entities are tough and few accident lawyers will take them. Plaintiff’s lawyers, in this case, deserve a lot of credit.

State Farm has the highest market share among California car insurance companies at 12.9 percent, according to 2008 statistics released by the California Department of Insurance. The Automobile Clubs came in second at 8.9% of the California market. Together, these companies collect over $4 billion in insurance premiums in California alone.

The California State Automobile Association garnered third place with 6.8% of the market, followed by Mercury and Allstate. Interesting, GEICO, which is a powerhouse in so many jurisdictions, including Maryland, Virginia, and Washington, D.C., has just over 1 percent of the California market.

If you have been injured in a car accident in California and need an accident lawyer, call 800-553-8082 or get a free consultation on line.

Doctors at the Cedars-Sinai Medical Center committed medical malpractice when caring for a baby with meningitis, a Los Angeles jury found on Friday, causing the child a permanent brain injury. The jury awarded $7.3 million in damages. The award will pay for past and future medical care, the medical malpractice attorneys for the child told the Associated Press.

A Hydroxycutt class action lawsuit has been filed against Iovate Health Sciences, the makers of weight loss dietary supplement Hydroxycutt, in federal court in California. The plaintiffs’ Hydroxycutt lawyers allege, among other things, that the manufacturer misrepresented the product as safe and effective in its advertisements.

The Orlando Sentinel (via Overlawyered) has an interesting article taking a detailed look at statistics surrounding theme park lawsuits. This is not your garden variety media article of a legal trend. It has detailed breakdown of the lawsuits filed against theme parks, and through statistics and interviews, sets the game plan of Disney theme parks, and I think to a similar but lesser extent, its brethren when facing a lawsuit: wage elongated war, make discovery brutal for accident lawyers and their clients, and settle the cases you think you might not win – particularly those cases you might prolifically not win.

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