Dawson & Albritton, PA BlogInformative Articles from Dawson & Albritton to help our clients understand the complexities of legal claims
Vyaire Medical, Inc. Recalls AirLife Resuscitation Devices Due to Manufacturing Error Preventing Oxygen DeliveryVyaire Medical, Inc. Recalls AirLife Resuscitation Devices Due to Manufacturing Error Preventing Oxygen Delivery The FDA has identified this as a Class I recall, the most serious type of recall. Use of these devices may cause serious injuries or death. Recalled... read more
King Bio Issues Voluntary Nationwide Recall of It’s Kids and Infant Products Due to Potential Microbial ContaminationKing Bio is voluntarily recalling the below products to the consumer level. A small percentage of our products produced between 08/01/2015 and 08/01/2018 have tested positive for microbial contamination. Out of an abundance of caution, we are recalling the... read more
Apace Packaging LLC is voluntarily recalling one lot of Acyclovir Tablet, USP, 400mg, 50ct Unit Dose, NDC# 50268-061-15, Lot Number 19900, to the retail level. These products have been recalled due to a product mix-up. A small number of blister cards containing Acyclovir Tablets, 400mg, UD Blister Cards may potentially also include Torsemide, 20mg Tablets.read more
Clarithromycin (Biaxin): Drug Safety Communication – Potential Increased Risk of Heart Problems or Death in Patients With Heart Disease
FDA is advising caution before prescribing the antibiotic clarithromycin (Biaxin) to patients with heart disease because of a potential increased risk of heart problems or death that can occur years later. FDAs recommendation is based on a review of the results of a 10-year follow-up study of patients with coronary heart disease from a large clinical trial that first observed this safety issue.read more
Labetalol Hydrochloride Injection by Hospira: Recall – Potential For Cracked Glass At Rim Surface Of VialsISSUE: Hospira is voluntarily recalling 3 lots of Labetalol Hydrochloride Injection, USP, 100 mg/20 mL Vial (NDC 0409-2267-20), and one lot of Labetalol Hydrochloride Injection, USP, Novaplus (NDC 0409-2267-25) to the hospital/institution level. Hospira, Inc.... read more
Defibrillation (CRT-Ds) and Implantable Cardiovert-Defibrillators (ICDs) by Medtronic: Class I Recall- Manufacturing Error
Medtronic is recalling certain ICDs and CRT-Ds due to a defect in the manufacturing process. This defect causes an out of specification gas mixture inside the device and may prevent the device from delivering the electrical shock needed to pace a patient’s heartbeat or revive a patient in cardiac arrest. The delay or inability to deliver a shock to a patient in cardiac arrest or pace a patient’s heart whose heartbeat is too slow could result in serious injury and/or death.read more
Compounded Drug Products from Cantrell Drug Company: FDA Warning – Serious Deficiencies in Quality and Sterility AssuranceISSUE: FDA is alerting health care professionals and patients not to use drug products produced by Cantrell Drug Company of Little Rock, Arkansas, including opioid products and other drugs intended for sterile injection, that were produced by the company and... read more
Under North Carolina law, a plaintiff may recover economic and non-economic damages. Economic damages include primarily medical expenses and loss of earnings. Non-economic damages may include pain and suffering, scars or disfigurement, loss of use of part of the body, loss of consortium, permanent injury, and inconvenience. Those cases with higher medical costs and negligence resulting in permanent injuries typically resolve at higher amounts. The age and income of the patient are also important in deciding settlement value. There is no set formula to determine a medical malpractice settlement and every case is different. These are complicated matters which typically take years to resolve, and require an experienced law firm to guide patients through the legal process.read more
When a patient sues a medical provider for malpractice, he/she usually hopes to get money damages to compensate them for their injury.
There are generally two classes of damages: economic damages and noneconomic damages. Economic damages refer to specific costs the patient incurred as a result of his/her injury, such as medical bills, lost wages, lost earnings, and miscellaneous out-of-pocket costs. On the other hand, noneconomic damages refers to all the other types of damages, such as emotional distress, physical pain, and mental suffering.read more
In general, compensation received from your medical malpractice settlement or jury award is not taxable; however, some exceptions may apply.
Money received through your bodily injury settlement or jury verdict is typically not taxable because the settlement or jury award largely encompasses reimbursements to the patient (i.e., medical expenses, lost wages, and miscellaneous out-of-pocket expenses). An award received for emotional distress or mental anguish originating from a physical injury is also not taxable as income.read more
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