Posted On: April 24, 2010

Family Settles Wrongful Death Lawsuit For $1.75 Million

The family of Jaimee Kellermann settled their wrongful death lawsuit for $1.75 million against multiple defendants. Kellermann died when she and friends accepted a ride home from a Short Pump movie theater. The driver, Nathan DeFrank allegedly drove recklessly, sped and crashed into a tree, killing Kellermann. In what was the most damaging piece of evidence, Kellermann's last text message to her family, apparently written during the ride, saying she feared for her life.

Car accidents like this involving inexperienced drivers many times turn fatal. In many states inexperienced drivers cannot have more than one person in the car with them. This case was very tragic and shows that parents should watch closely who their child drives with.

"No boys with cars," he said, according to court records. Paula McDonough answered, "Don't worry, I promise we'll take good care of her."

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Posted On: April 7, 2010

Pfizer Settles Wrongful Death Lawsuit For $400,000

Pfizer Inc. agreed to settle a a wrongful death lawsuit brought by a woman who claimed her husband's use of the antiseizure drug Neurontin caused him to commit suicide. The extra terms of the settlement are confidential which is not uncommon in a case like this. The wrongful death lawsuit was filed by Linda Shearer whose husband was prescribed Neurontin to help him with paralysis. The wrongful death lawsuit alleges Pfizer knew the drug, which wasn't approved by regulators, had a side effect of suicide but Pfizer did not let patients taking the drug know about this.

Recently a federal jury found against Pfizer and said it violated an antiracketeering law by promoting Neurontin for off-label uses, and awarded damages of $47 million, which are to be automatically tripled under the law. You can see that Pfizer is having problems with this drug and that may be one reason this case settled. Neurontin was previously one of Pfizer's best-selling drugs, generating $2.7 billion in sales in 2003 alone.

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Posted On: April 3, 2010

Estate Of Minor Who Died At Underage Drinking Party Files Wrongful Death Lawsuit

The Estate of Joe Loudon, the 16 year old who died after collapsing at an underage drinking party filed a wrongful death lawsuit against the parents and kids who purchased the alcohol. According to details in the lawsuit against Isabel and Scott Hamilton, who were out of town when the party was held without their permission, another minor used a fake I.D. to purchase the alcohol. An autopsy revealed only a small amount of alcohol in Loudon's system. At this time it is unclear if alcohol played a part in his death. Reports indicate the boy may have suffered from an undiagnosed heart ailment.

This is a tragic case involving a minor and it shows how liability may attach to someone who owns property even if they are not on the property when something bad happens. Many times kids don't realize the consequences on their actions until it is too late. Lets hope this lawsuit settles quickly so the parents don't have to re-live what happened and can try and get some closure to this horrible event.

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Posted On: April 1, 2010

Family Of Man Who Hung Himself In Jail Receives $50,000 To Settle Wrongful Death Case

The Frederick County jail will pay $50,000 to the family of Justin Lihvarcik, an inmate who hung himself while he was at the jail. According to the wrongful death lawsuit, the jail engaged in negligent behavior because he was suppose to be under the watch of guards at the time he died. According to the lawsuit 26 year old Lihvarcik was placed in a holding cell at approximately 2:30 a.m. after being charged with second-degree assault as a result of a fight with his girlfriend. Three hours later officers found the man hung from the top bunk of his cell by fashioning a noose from his shoelaces.

According to the policy in place at the jail the officers were suppose to check inmate cells every 20 minutes. It is not uncommon in wrongful death lawsuits to learn that policies and procedures are not being followed. It is hard to say if Lihvarcik would be alive today had the officers checked his cell every 20 minutes but policies are in place for a reason. This is a sad case and I am glad to see it resolved early so the family does not have to re-live the case over and over.

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