West Virginia Injury Lawyer Blog

In West Virginia, people who have suffered from injuries resulting from administration of prescription drugs often find it difficult to take action against health care providers directly. House Bill 2011, enacted in 2005, prohibits patients from suing health care providers for personal injury caused by prescription drugs used in accordance with FDA regulations. The burden of proof lies with the patient to prove that the provider violated regulations of the drug's use in order to have a viable case.

And it's not even enough if the doctor apologizes for the mistake. According to West Virginia HB 3174, even if a healthcare provider apologizes to a patient or expresses sympathy, this is not an admission of liability in the matter and is not basis for a claim. This makes suing for medical malpractice very tricky in cases where prescription drugs may have been prescribed according to FDA standards but still caused harm.

However, as of March 2009, patients can take legal action against drug companies directly. In Wyeth v. Levine, the U.S. Supreme Court ruled that patients could sue drug manufacturers for personal injuries, even after FDA approval. In this case, Diana Levine lost her right hand to gangrene after taking promethazine (Phenergan), a Wyeth drug used to treat nausea caused by migraines. Wyeth indicated that the preferred methods of administration were through IV drip and intramuscular injection.

Unfortunately, a physician's assistant administered the drug through an IV push directly into an artery instead of a vein, causing the gangrene that eventually took over her hand. Ms. Levine successfully sued the clinic (since there was definite malpractice) but she also named Wyeth as a defendant, claiming that the drug's label should have more clearly instructed clinicians against using an IV push injection. She won her case and was awarded $6.7 million.

The impact of this case on personal injury cases is far-reaching. Basically, the Supreme Court ruled that although the FDA sets standards for safety, it can't possibly oversee the specific labeling of over 11,000 drugs on the market, so the responsibility lies with the drugs companies to regulate themselves more carefully to prevent injuries like this from occurring. If you have received injuries as the result of a mislabeled or under-labeled prescription drug, contact a personal injury attorney immediately.

In West Virginia, there is no universal regulation regarding talking on a cell phone or texting while driving (although minors under 18 cannot text or call while driving), so it's up to drivers to use responsible judgment to avoid accidents caused by driver distraction.

According to Distraction.gov, the U.S. Department of Transportation's website dedicated to providing information about distracted driving, 16% of all crash fatalities (5,870 people) in 2008 were attributed to drivers who were distracted at the time of the accidents. Another 500,000 people were injured as a result of distracted driving, and those numbers are rising every year as cell phones and other technology become more widely used.

What is Distracted Driving?
Distractions can be visual (taking your eyes off the road), manual (taking your hands off the wheel) or cognitive (taking your mind off of what you're doing). Non-hands-free cell phone use and texting are especially dangerous because they both involve all three types of distraction. Distracted driving isn't just talking on a cell phone or texting, either. Eating, drinking, talking to passengers, grooming, reading maps or GPS, watching videos and changing the station on the radio or song on an MP3 player can all distract you from your driving duties.

If you've been injured as the result of someone's carelessness while driving, you must protect your rights. Hire an auto accident lawyer in West Virginia to help you fight your case. A lawyer can use reconstruction experts to recreate the scene of the accident, as well as witness to corroborate your account of the incident as it happened.

On November 1, 2009, a 6% decrease in loss cost for workers' compensation insurance took effect in West Virginia. This means that insurers now have lower caps on the amount of medical and indemnity payments they can distribute for workers' comp claims throughout the state. Insurance Commissioner Jane L. Cline approved the decrease back in August 2009 in response to market stabilization reported by workers' comp insurers. The measure was supposed to bring down employer premiums across the state, but early indicators suggest that the decrease may be negatively affecting workers' compensation claims throughout the state.

According to an article published in the Charleston Gazette on November 18, 2009, more and more injured workers are failing to get the needed treatment they need under the new state rules that privatized the system in 2005. Additionally, the recent decrease in loss cost caps is putting an even tighter squeeze on many employers to deny claims when they can.

If you've been denied workers' compensation benefits, you may not be able to sue your employer, but you can seek damages from third-party manufacturers who display negligence that contributed in some way to your injury. For instance, if you are hurt by a moving part on a machine that you use to complete your daily tasks at work, defective equipment may be to blame and you can sue the manufacturer.

A workers' comp lawyer in West Virginia can help you recover damages for your medical bills as well as pain and suffering for your injuries on the job. If you are permanently disabled as a result, you may be able to receive additional benefits as a result of the loss of head of household for your family. To learn more, contact an attorney to discuss your case.

Personal injury on your West Virginia property can cost you a pretty penny in the wintertime. As a matter of fact, snow and ice are the fifth leading cause of homeowners' insurance claims in the United States, with the average claim totaling more than $5,500. Delivery people, mail carriers and guests can slip and fall on your icy steps, unshoveled sidewalk or snowy front porch. Here are some ways you can protect your family and your pocketbook this winter:

Trim Trees and Clear Branches. Trees are weakened by snow and ice, so be sure to keep low-hanging branches trimmed during the winter months so they don't snap and fall on someone or block walkways.

Melt Ice on Pathways. Use kitty litter, rock salt or sand to keep driveways, sidewalks, steps and other walkways clear of ice at all times.

Repair Steps and Guardrails. Check your steps for large cracks caused by weather changes and check your guardrails for stability. Steps are high-traffic areas of your property that can become very dangerous if not properly maintained.

Prevent Ice Dams. Ice dams build up around the roof and gutters, preventing the flow of runoff. Over time, they can cause leaks in roofs and ceilings that can eventually lead to mold and mildew. This can make you sick and can cause health problems not only for your family, but also for holiday guests. Be sure to keep gutters and drains clear of debris to prevent ice dams.

If someone has been injured on your property due to your negligence, you could be held liable for damages. If you've been the victim of someone's negligence, consult a personal injury attorney to find out your rights today.