Bendall&Mednick

FDA to consider fate of diabetes drug Avandia - USATODAY.com

2010-07-13T09:09:00.001-04:00

FDA to consider fate of diabetes drug Avandia - USATODAY.com

Read this article and be reminded that the company will put the bottom line first, not you or your family. Destroying the lives of a few families along the way is the cost of doing business.

Dog bite is an understatement.

2009-04-20T13:19:00.002-04:00

This is a terrible story about a 4 year old attacked by a dog. Please if you are a dog owner take care to ensure the safety of those who come in contact with your dog.

4 year old survives dog attack

Tips for making a trial or practice run smoothly.

2009-04-20T12:17:00.002-04:00

This article from Fast Company has some tips that are readily applicable to a legal practice, but also to anyone trying to get off the ground in any business.

Baby Bottles Just Got A Little Safer.

2009-04-17T08:42:00.002-04:00

This article about the efforts some states are taking to ensure that our littlest citizens aren't harmed by chemicals in hard plastics found in bottles and sippy cups.

Bisphenol A is believed to cause damage to brain and reproductive systems, alter mammary and prostate glands, and lead to heart disease, obesity, and diabetes.

The Danger On Your Feet

2008-09-15T15:05:00.002-04:00

Crocs are a footwear craze that you need not go far to see firsthand.

What most folks don't know is that dozens and dozens of children have been injured, and one can infer there are new injuries daily, when kids wearing Crocs get on an escalator.

The shoes get hung up in the treads of the escalator, and then the foot gets sucked in, causing potentially devastating injuries.

If you have had this kind of injury happen to your child, consider calling to discuss your options.

If you are still allowing your child to ride an escalator wearing Crocs, please reconsider.

Real Law with Bendall & Mednick

2008-06-17T08:47:00.001-04:00

Every week lawyers from the personal injury law firm of Bendall & Mednick visit with Don Weeks on 810 WGY to talk about real legal issues.

3-06-08 WGY810 Real Law with Don Weeks

2008-03-21T23:20:00.001-04:00

Every week lawyers from Bendall & Mednick visit with Don Weeks on 810 WGY to talk about the legal issues of the day.

While our practice is primarily personal injury, medical malpractice and wrongful death, we'll answer question about a broad spectrum of law school exam type questions.

3-13-08 WGY810 Real Law Segment with Don Weeks

2008-03-21T15:50:00.001-04:00

Every week lawyers from Bendall & Mednick visit with Don Weeks on 810 WGY to talk about legal issues that are in the news.

Not just limited to our primary practice areas of personal injury, medical malpractice and wrongful death - we might even answer a question about a man wearing butcher knives who is also stuck in a tree.

3-20-08 WGY810 Real Law Segment

2008-03-20T22:38:00.001-04:00

Every week lawyers from Bendall & Mednick sit down with the Don Weeks on 810 WGY to talk about legal issues in the news.

While our practice is primarily personal injury, our conversation is limited only by Don's interest in a particular subject.

Kevin Mednick Talks About Governor Elliot Spitzer Scandal

2008-03-12T08:45:00.001-04:00

Bendall & Mednick partner Kevin Mednick, appeared as a guest on the Don Weeks' Show to talk about the allegations concerning New York Governor Elliot Spitzer.

WGY 810 AM - Real Law with Don Weeks and Bendall & Mednick

2008-03-03T15:11:00.001-05:00

Every week, lawyers from the personal injury firm of Bendall & Mednick visit with Don Weeks on 810 WGY. This week we talk about dog bite injuries and some basics of dog bite law.

Kevin Mednick Book Interview

2008-02-25T23:19:00.001-05:00

It took some time, but Kevin wrote a book that found a home with The Permanent Press.

He has published a book called "An Almost Life" which has been very highly reviewed.

This is an interview he recently did about the book. Take a listen, and then read the book.

Bendall & Mednick: Think of us.

2008-02-22T16:52:00.001-05:00

Here is another television commercial that we are running in the Capital District for our personal injury firm.

WGY810 Real Law Segment With Bendall & Mednick

2008-02-22T16:40:00.001-05:00

Each week the lawyers from Bendall & Mednick get together with Don Weeks on WGY810.

This is the segment from February 21, 2008

New Television Audio

2008-02-22T16:34:00.001-05:00

Good People Get Injured - Real Lawyers for Real People

2008-02-22T10:47:00.001-05:00

One of the things that you realize very quickly when practicing in the personal injury field is that it doesn't discriminate.

People from all walks of life have some terrible things happen to them. While it might be easy to stereotype what kind of person we believe might bring a personal injury lawsuit - the reality is far different.

Lawsuits Aren't Lottery Tickets - Real Lawyer Radio

2008-02-21T15:15:00.001-05:00

It's a common misconception that a lawsuit is the same as a lottery ticket. The system just doesn't work that way. We have worked with thousands of hardworking people who have been injured in an automobile accident who want only to have life get back to normal.

Bendall & Mednick Real Lawyers For Real People

2008-02-21T15:08:00.001-05:00

One challenge of a personal injury law firm is how to do share what you know about your business, without rubbing people the wrong way with your marketing.

So many people have negative impressions about lawyer advertising. You may have heard these spots on the radio, but we have reposted this spot here for your consideration.

WGY Real Law Segment from February 14th

2008-02-14T16:18:00.001-05:00

Each week lawyers from Bendall and Mednick talk with Don Weeks about issues involving the legal community.

WGY 2-14 Segment

2008-02-14T15:57:00.001-05:00

Build the Memorial

2006-09-12T17:27:00.000-04:00

A System Under Attack....

2005-04-14T23:39:00.000-04:00

I don't know what to make of what seems to be a renewed assault on our judicial system.

I should say that I know that many who feel our judges are either too reactionary or too activist are very heartfelt with each sentiment.

Nevertheless, it strikes me as troubling if we really are going to go down this road.

Our nation's judges have long played a vital role in both pushing society ahead and at times pulling back on the reins. I don't know what is different this time around.

One of The Best Lawyers in America, so say his peers.

2005-03-29T12:15:00.000-05:00

I thought that is was time to get this reference to my father's career up on this blog.

This publication honors those lawyers who have been recognized by their peers as being the best practitioners in a particular field of law.

My father has been recognized by his peers for this honor since 1997.

It makes me very proud.

Monday Morning Quarterback....

2005-03-28T16:43:00.000-05:00

We had a pretty good radio show this weekend.

Quite a few Terry Schiavo calls. Personally, I know that this a terrible issue that many families, too many families perhaps, deal with.

It is my hope that at some point all sides will be able to take a step back and evaluate how these difficult end of life issues can be addressed.

I'll be speaking / performing at a fundraiser for SafeMinds later this month. This is a group which handles advocacy issues for the causal relationship between mercury and autism.

An unnecessary death....

2005-03-24T23:15:00.000-05:00

"An apparently healthy 42-year-old woman died last week following a nose job and face-lift by a Manhattan plastic surgeon with the state's worst malpractice record."

So goes this story in the New York Daily News.

What a terrible, unnecessary death.

Before any important medical procedure, learn all you can about who will be working on your body.

The Vanishing Safety Net....

2005-03-19T00:15:00.000-05:00

It does not seem that the campaign to reform Social Security is going very well. Recent polls suggest that barely three in ten people support the President's plan and those numbers erode the more people learn about the specifics.

If we diminish the social function of Social Security and we reform to the point of elimination the ability of people to rebuild their life through bankruptcy (bearing in mind that the majority of bankruptcies are the result of medial expenses and not overspending), and we reduce the responsibility people and corporations must bear for the damage that is caused to people through tort reform - then it would seem that we are making it more difficult for people to keep their head above water.

I don't know where the end point of this progression is, but I don't believe that many on the train realize where the track is headed.

After Some Reflection....

2005-03-19T00:11:00.000-05:00

I attended the memorial service for Judge Barnes yesterday.

I will confess that his death has impacted me more greatly than I expected. I still don't quite understand why, but it is a real feeling nonetheless.

The service was appropriate in the balance between being somber and being joyous. Judge Barnes was so fondly appreciated for his sense of humor that many whom I spoke with yesterday were recalling funny stories about the Judge.

Rowland Barnes......

2005-03-11T11:52:00.000-05:00

Judge Rowland Barnes was murdered today in what was a truly senseless crime.

I came to know Judge Barnes first through our common participation in a musical revue the Atlanta Bar Association holds annually. He was a man who embraced life and brought to the bench those traits we should all hope each Judge would possess. His sense of humor and willingness to spend a few moments counseling younger lawyers will not be forgotten.

As the rest of the details of this crime are updated, I may make additional comment. Our thoughts are with the family of Judge Barnes.

It engrosses me out...

2005-02-02T01:50:00.000-05:00

This article from the Business Chronicle sets out a bit of the tactics being employed by our Georgia Republicans on the issue of tort deform.

It's a shame that it has come to this, but I am still hopeful that the true champions of the people and of our system will reveal themselves in the coming days and defeat these measures.

It is unfortunate that our leaders fear debate and discussion.

Details on Tort Reform Efforts In Georgia...

2005-01-26T13:40:00.000-05:00

Visit www.senatebill3.com to register your opposition to this looming disaster for all Georgians.

Bookmark the Georgia Watch site to learn more about how you can protect your rights.

The Georgia Trial Lawyers Association also has some good information to help consumers.

Time To Fix The Record Player?

2005-01-26T13:23:00.000-05:00

Either that or the coming storm of tort reform is a broken record.

Here are a number of links addressing this issue. Notice how the proponents of "tort reform" are never quite factual or accurate.

South Carolina jumps on the bandwagon.

Tort Victims Can't Sue, which gets it just about right.

A Glossary of Terms run this by your elected offical to see whether or not he or she "gets it."

What I'd really like to know is why all of these presumably intelligent elected officials can be persuaded to chase the phantom lowered premium and leave the insurance industry unreformed? Oh wait, I think I do know the answer to that - Money.

Good New Medication Resource...

2004-12-11T01:14:00.000-05:00

The folks who publish Consumer Reports have a new website that will help you find effective and affordable medications.

Finally, you can pick a cholesterol medication the same way you shop for a washing machine!

Important Notice About Bextra...

2004-12-11T01:11:00.000-05:00

It seems that the FDA is issuing a new warning about Bextra.

This new warning reads in part: "In addition to highlighting serious skin reactions, the strengthened label warnings also highlight new data about cardiovascular risks. A recently-completed study conducted by Pfizer, which included over 1,500 patients treated after CABG, showed an increased cardiovascular risk in patients treated with Bextra compared to placebo. Observed cardiovascular events included thromboembolic events such as myocardial infarction (heart attack), cerebrovascular accident (stroke), deep vein thrombosis (blood clots in the leg), and pulmonary embolism (blood clot in the lung)."

If you have taken Bextra and experienced one of these medical events, consider contact our firm about what options you may have.

Oregon Is Safer For Now....

2004-12-10T01:05:00.000-05:00

Oregon defeated a tort reform measure.

This editorial speaks to the truth of the issue.

A Handy Cheat Sheet...

2004-12-09T23:54:00.000-05:00

This is a handy cheat sheet for common tort reform terms.

If you aren't sure of the difference between your collateral source rule and contributory negligence - this is a decent starting place.

Ohio Passes Tort Reform...

2004-12-09T23:37:00.000-05:00

Our advice is not to get injured too severely in the State of Ohio.

The elected officials of the State of Ohio have acted to inform the citizens of Ohio and the people who are responsible for electing them that they value their lives at a maximum of $350,000.

It is our hope that this law will be challenged on sound constitutional grounds and found unconstitutional.

Read the whole article here.

Read this editorial, which gets it right.

Do You Want You Children Eating Rodenticides?

2004-12-02T13:33:00.000-05:00

We understand that not everyone is a believer in organic foods, but it is hard to rationalize why we would accept more than 50,000 children to be injured each year in preventable accidents?

Is it simply because it would be easier for the companies that produce rat poison?

Do you support capping the value of your child's life at $250,000 if he or she is killed because the Bush administration wanted to allow the manufacturers of rat poison to not be required to undertake sensible precautions?

We do not.

Why An Independent FDA Is Vital...

2004-11-29T17:22:00.000-05:00

One of the most outrageous proposals offered by the Republicans on a federal level is that which shields pharmecutical companies from liability where there was approval granted by the FDA.

At first blush this might seem to make sense until you consider the way in which the revolving door has begun to spin between the FDA and the phramecutical companies.

This USA TODAY article is a hint at what I am talking about.

Some Quick Hits....

2004-11-28T00:32:00.000-05:00

For lawyers doing research there may be no more valuable tool than Scholar by Google. It is links to all sorts of peer reviewed articles. Enter a search for "tort reform" and have some fun.

On the radio show tonight we briefly discussed this story about a Hooters waitress who was awarded $275,000 for some conduct which was deemed inappropriate. $25,000 of the award was for compensatory damages for alleged sexual harassment. The rest of the award was for punitive damages. Read the whole story, but I feel it is an example of our system working. The folks who want reform will trot it out as a system out of control. You be the judge.

Finally, Chief Justice Rhenquist will not be on the bench when the Supreme Court next hears oral arguments begining this Monday. The political implications of how the next several appointments to the high court are numerous. If you are a fan of the inner workings of the highest court of our third branch of government may we recommend this site.

Insurance Company Admits Caps Do Nothing....

2004-11-22T23:18:00.000-05:00

This article is a year old, but it is worth your time:

"Santa Monica, CA -The nation's largest medical malpractice insurer, GE Medical Protective, has admitted that medical malpractice caps on damage awards and other limitations on recoveries for injured patients will not lower physicians' premiums.

The insurer's revelation was made to the Texas Department of Insurance (TDI)in a regulatory filing obtained by FTCR. The revelation was contained in a document submitted by GE Medical Protective to explain why the insurer planned to raise physicians' premiums 19% a mere six months after Texas enacted caps on medical malpractice awards. In 2003, Texas lawmakers passed a $250,000 cap on non-economic damage compensation to victims of medical malpractice caps after Medical Protective and other insurers lobbied for the change.

According to the Medical Protective filing: "Non-economic damages are a small percentage of total losses paid. Capping non-economic damages will show loss savings of 1.0%." The company also notes that a provision in the Texas law allowing for periodic payments of awards would provide a savings of only 1.1%. The insurer did not even provide its doctors that relief and eventually imposed a rate hike on its physician policyholders."

You can read the rest here.

Isn't it interesting that the insurance companies know that "tort reform" solves nothing, yet our representatives still back it?

More Than Just Vioxx?

2004-11-22T23:04:00.000-05:00

The USA TODAY has an interesting article about how the current issues we are seeing with Vioxx may spread to other medications. Five are mentioned in particular. The five mentioned are Accutane, Bextra, Crestor, Meridia, and Serevent.

There are some who would like to make approval by the FDA a bar to bringing a tort claim. Consider that each of the drugs listed above had been approved by the FDA, and were such approval to act as a bar to bringing a tort claim, the people injured or killed as a result of these FDA approved medications would have little if any recourse.

Until the revolving door between the pharmecutical companies and the FDA stops spinning, we would suggest that including FDA approval as a defense is a mistake.

Tort Reform Is Anything But "Common Sense".....

2004-11-19T01:26:00.000-05:00

Politicians who are anxious to shield wrongdoers from responsibility often couch proposals for reform in terms like "common sense."

We encourage everyone to become educated about tort reform and how attacks on our judicial system negatively impact on real people.

Tort Reform is not an American value.

It didn't take long for something to get introduced in Georgia.

Pieces like this are all to rare.

And consider Wyoming, Ohio, Nevada , and Arkansas.

A Quick Vioxx Update...

2004-11-19T01:09:00.000-05:00

There have been a few more interesting developments regarding Vioxx.

Here is an article from USA TODAY.

This article suggests as many as 139,000 heart attacks, strokes and deaths have been caused by Vioxx.

The FDA has put out a press release explaining what it has been doing about Vioxx.

We will continue to keep you updated.

Damages: Medical Expenses (Reasonable and Necessary)...

2004-11-11T17:40:00.000-05:00

There was a case in Georgia reported in the November 5th Opinions Weekly from the Daily Reporter that discusses claims for medical expenses in a personal injury context. The case is Colvard v. Mosley A04A1804; A04A1805 (10/19/04), 04 FCDR 3472.

The summary states:

"Judgment partially reversed as trial court erred in denying defendant's motion for partial summary judgment with regard to $1,212 in charges for medical care performed by first plaintiff's chiropractor; charges were for nerve conduction studies and diagnostic ultrasound, which are outside the scope of chiropractic care as defined by O.C.G.A Section 43-9-16, so plaintiffs could not show that tests were necessary expenses attributable to first plaintiff's injuries; partial grant of summary judgment to defendant affirmed with regard to plaintiffs' ability to recover first plaintiff's medical expenses for diagnostic tests and procedures performed by outside medical group's technician at chiropractor's office and upon his referral; plaintiffs could not show that charges for testing were necessary for treatment of first plaintiff's injuries because tests leading to those charges were also conducted outside scope of chiropractic care and were not otherwise performed under authority of any medical provider competent to order procedures; first plaintiff was never personally examined by medical doctor before he underwent such testing and chiropractor did not confer with medical doctor about first plaintiff's treatment before tests were performed."

The moral of the story? This is what happened during trial of this unresolved personal injury claim. What would have happened had the person tried to resolve this matter without an attorney?

Interesting decision dealing with Labor Law Section 240(1)

2004-11-11T17:22:00.000-05:00

We have an interesting law in New York which is commonly referred to as the "scaffold law." It is section 240(1) of the Labor Law which imposes a nondelegable duty on contractors and owners to furnish and properly place elevation related equipment at construction sites.

The October New York State Law Digest edited by David Siegel highlights the case of Abbatiello v. Lancaster Studio Assocs., 3 N.Y.3d 46, 781 N.Y.S.2d 477 (July 1, 2004), which involves a cable company employee who was injured when he fell off a ladder while working on an elevated cable box.

The Court held that there was no nexus between the owner of the property and the cable worker because the owner did not install the cable box, nor did he have the ability to even determine whether the box would be installed or not. Without a nexus between the worker and the property owner, the Court was unwilling to impose the provisions of Section 240(1) in this case.

Our firm has handled a number of significant cases dealing with Section 240(1) and other related Sections of the Labor Law. If you are an attorney looking for guidance on elevation related injuries or a worker who was injured by the effects of working at elevation or gravity, we are willing to speak with you in greater detail.

Tort Reform Passes in Florida.....

2004-11-04T11:20:00.000-05:00

It is with great sadness that we note that Florida has passed significant tort reform. While we are still learning the particulars of the legislation, it limits fees and expenses to 30% of the first $250K and 10% of everything over that amount. In our view this is a license to kill and maim granted to Florida physicians. Few if any quality competent attorneys will be able to take cases which are limited in this way because of the economics of medical malpractice litigation.

Some will note that there is a three strikes provision which will strip the license to practice medicine from physicians with three successful suits against them. Well, it's a bit hard to accumulate three strikes if you aren't being sued in the first place isn't it?

In Georgia, we have seen a net increase in the amount of Republican representation at the Capitol. Tort Reform was defeated by one last time. The people of Georgia probably won't be so lucky the next time. We'll be discussing this in greater detail as the months progress.

Important reminder about Vioxx

2004-11-02T10:14:00.000-05:00

On the front page of the Wall Street Journal from 11/01/04 (www.wsj.com) there was an incredible article about what Merck knew early on about Vioxx.

The headline reads "E-Mails Suggest Merck Knew Vioxx's Dangers at Early Stage."

The article reads in part, "...internal Merck e-mails and marketing materials as well as interviews with outside scientists show that the company fought forcefully for years to keep safety concerns from destroying the drug's commercial prospects."

It further states, "The revelations shed new light on the interplay between marketing and science at Merck as bad news piled up about a blockbuster drug used by some 20 million Americans. Amid growing danger signs, Merck fought a rearguard action for 4.5 years, clinging to a hope that somehow Vioxx's safety could be confirmed - even though its research chief had already privately acknowledged its risks."

If you or a loved one has taken Vioxx and wants to learn more about your rights and possible claims you may have, call us at (518) 370-2211. You may also email at JimB at Reallawyers.net.

Updating the Blog...

2004-11-01T00:24:00.000-05:00

So, what happens when you claim your space in the blog-o-sphere and then don't do anything with it? Well, you run the risk of turning your blog in to a static website. We aren't interested in doing that.

Second Post.....

2004-09-24T12:27:00.000-04:00

Did you see this article?

"During August of last year, we promulgated a proposed model local rule to govern motion practice involving the admissibility of expert testimony. It was greeted with nationwide apathy. That could be because everybody was on vacation. Or it could be because this is among the most boring questions ever to engage human attention." Read the rest here: http://daubertontheweb.com/2004_08_01_archive.html