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August 2016 Archives

Proposed Bill Aims To Make Cosmetics Safer In The US

Take a minute and consider all the cosmetic products you roll, rub, brush and apply on or into your skin. You probably assume these products are completely safe, considering the fact that they are for sale and the directions might even say to "apply liberally" or "use then repeat," and perhaps there's even a note that the product is "safe for everyday use."

Defective Product Claims

When we go to the store to buy something for our kids, we generally expect that whatever product we buy will be safe. Consumers have this expectation because products like toys, food and appliances are generally tested and must meet various standards before reaching the marketplace. Unfortunately, this doesn't always happen.

When Can A Soldier Sue The Federal Government

The Federal Government enacted the Federal Tort Claims Act, which for the first time permitted lawsuits against the Federal Government for negligence. The statute provides for many exceptions, one of which is combatant activities of military or naval forces, in a time of war. In the 1950's, Lt. Rudolph Feres, an active duty soldier was killed in a fire in his barracks at Camp Pine, N.Y. due to a defective heating equipment and substandard fire safety controls. The Supreme Court applied the military personnel exception and dismissed his case. This became known as the Feres Doctrine as it expanded the scope of the military exception to noncombatant activities. It essentially held that the government was exempt from prosecution, not only during time of war, or for combatant activities, but also, during the entire service period of a military member. Courts have routinely applied the Feres Doctrine dismissing cases even involving service members who are victims of negligence while on furlough and acting completely outside the scope of military capacity. 

Doctors Must Obtain Informed Consent Before A Medical Procedure

The doctrine of informed consent was created by the NEW York Court of Appeals and codified by statute in 1975 in NY Public Health Law 2805-d. It requires that a doctor inform a patient of the reasonably foreseeable risks, benefits, and alternatives of a particular treatment. It is predicated upon the very simple precept that every individual has the right to determine what can or cannot be done to his or her body. Whether there is negligence during treatment is irrelevant. It must simply be proved that the unconsented to procedure caused injury.

Electronic Gear Shifts are Hazardous

Monostable electronic shifter or E-shift is found in Jeep, Dodge, and Chrysler. It lacks the typical grooves of the shifter when moving the car into park, drive or reverse. The shifter returns to its default position without giving drivers sufficient feedback as to the selected gear. Hundreds of people have filed complaints saying their vehicle rolled away after thinking it was in park.

'Never events' happen, and patients pay the price

Going to the hospital can be a stressful, upsetting situation for any person who is sick or hurt. While there are hopes and expectations that everything will go well, there is no guarantee that a particular medication, operation or course of treatment will be successful and free from complications.