Tag Archives: Health Law

Leading Libel And Defamation Law Firm, Russell Jones & Walker, Has Won A Libel Victory Against Publishers Random House

Leading libel and defamation law firm, Russell Jones & Walker, has won a libel victory (Case number: 606990.1) against publishers Random House on behalf of internationally renowned wine connoisseur Michael Broadbent, who was from 1966 until 1992 the head of Christie’s wine department.

The libel action centred on the book The Billionaire’s Vinegar, the subject of which was the provenance of a number of bottles of wine said to have been owned by Thomas Jefferson. The book made allegations which suggested that Mr Broadbent had behaved in an unprofessional manner in the way in which he had auctioned some of these bottles and that his relationship and dealings with Hardy Rodenstock, who discovered the original collection, was suspected of being improper.

In a statement read out in open court, Random House apologised unreservedly for making the allegations and accepted that they were untrue. It has given an undertaking not to repeat the allegations and paid Mr Broadbent undisclosed damages.

Commenting on the settlement Sarah Webb, head of Russell Jones & Walker’s Defamation department who acted for Mr Broadbent said:

“The Billionaire’s Vinegar made highly damaging claims about my client that seriously compromised both his professional and personal reputation. We are delighted that Random House has today accepted that these allegations are totally without foundation and avoided the need to proceed to a full trial. My client is relieved that the good name he has built up over many years as one of the country’s leading wine experts has been fully restored.”

Via EPR Network
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Is There A More Humane Way To Kill?

Does strangulation offer a better way to kill those on death row awaiting execution? This is the question being asked by Lawrence Gist, a professor and human rights attorney with the International Humanitarian Hypoxia Project. Following in the steps of professor Guillotin, who in 1789 proposed a “mechanism” that “beheads painlessly,” Gist proposes utilizing the latest research to ensure humane executions, not by beheading, but medical strangulation. Gist said that the proposed execution protocol is humane, and unlike other execution methods currently being used in the United States, this protocol maintains the viability of the corpse’s organs and tissue. The bodily remains of those executed, says Gist, “may then be used to offer hope to some of the estimated 55,000 people currently waiting for life-saving transplants.”

gistprobono

The U.S. Supreme Court recently upheld the constitutionality of lethal injection, the most common method used for executions by the federal government and 36 states. However, it has been documented that the three-drug lethal injection protocol is frequently negligently administered, causing extreme pain and suffering. In Gist’s pending law review article, he advocates giving those on death row the option to choose between the potentially painful lethal injection protocol, or this new protocol which offers a humane and pain-free execution.

Gist notes that the “protocol does not involve the type of slow painful strangulation most people imagine when thinking of strangulation – in fact the protocol is far more humane than any previous method designed to end human life.” Hypoxia it’s called, when someone is deprived of the oxygen required to sustain life. So how can it be humane to deprive someone of oxygen to the point of death? Gist answers this question by stating the execution protocol he is advocating “requires inmate to be executed wear a standard medical face mask and breath in pure nitrogen, devoid of any oxygen. Nitrogen is an odorless and tasteless gas which, without oxygen, will lead to asphyxiation without any feeling of suffocation.” Gist said that the new protocol “is inexpensive and could be easily preformed by prison guards without the need for a physician’s supervision (other than to pronounce death), an allegedly violation of the Hippocratic oath to ‘do no harm.’”

While Gist is an opponent of capitol punishment, he believes that “pending it’s abolition, hypoxia is the perfect method for conducting humane executions.” Gist went on to say that “because the corpse of an asphyxiated prisoner does not contain toxins left over from lethal injection or the gas chamber, nor physical trauma from electrocution, the bodily remains are fully available for life-saving organ and tissue donation.” It would be highly unethical to use organs and tissue without voluntary consent, but Gist stated that his research suggest many of those awaiting execution would like the opportunity to redress a little of the harm they have done to society and give some meaning to their death by donating the gift of life to those awaiting life-saving transplants. Gist’s proposal would allow death row inmates the option to choose execution by lethal injection or hypoxia – and if hypoxia is chosen, giving them the additional option of making their body available for organ and tissue donation.

The International Humanitarian Hypoxia Project, founded by Gist, is calling on governors across the country to grant a temporary moratorium on all executions, allowing time for debate and legislative consideration of this new execution protocol. Of particular interest to Gist is the upcoming July 16th execution of Kennith Mosley, the 201st person scheduled to be executed during the tenure of Texas Governor Rick Perry. Gist said during a recent interview that he doubts Governor Perry will be persuaded to grant Mosley a stay. The political reality, Gist said, is that “lethal injection has been held to be constitutional, and most politicians won’t consider a new execution protocol, even if better, if subject to a new round of legal challenges.” However, Gist remains optimistic, “groups on both the left and right share a common value, the respect for human life, and once the public becomes aware of this protocol, and it’s incidental benefits, I believe previously divergent groups will join efforts and petition their state leaders for an immediate temporary moratorium on executions.” Gist said that “there is really nothing to lose, and much to gain – a humane execution protocol offering life to the terminally ill – it’s really a classic win-win proposal.”

Contact Details: Lawrence J. Gist II
Attorney at Law 4105 Exultant Drive
Rancho Palos Verdes, CA 90275
310-544-3137 or lgist@gistprobono.org

International Humanitarian Hypoxia Project at

International Humanitarian Law Pro Bono Project at www.gistprobono.org

lgist@gistprobono.org or lgist@msmc.la.edu

Via EPR Network
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Accident Advice Helpline (AAH), The UK’s Largest Claims Management Company, Has Announced The Re-Launch Of ‘Resolusion’, The Fast Track Personal Injury Service

The move follows the acquisition of Resolusion from Elision Group – the specialist technology company who developed the system – to set an industry standard for faster and more cost-effective claims settlement in line with the Ministry of Justice claims process reforms.

accidentadvicehelpline

The Resolusion system has already demonstrated significant cost savings to both insurers and litigant solicitors following extensive pilot testing over the last 2 years with leading personal injury law firms and insurers, and will change the landscape of personal injury claims by significantly reducing 3rd party costs and settlement times.

Commenting on the launch, Darren Werth – Managing Director of Accident Advice Helpline said, “The re-launch of the Resolusion platform will help proposed MOJ reforms in streamlining the claims process and provide cost savings to both insurers and personal injury law firms. We are planning to run some of our own claims through the system during the next few months and prove that the claimant still receives access to justice, still using lawyers where appropriate and still ensuring adequate compensation and medical assessment at a lesser cost and time.”

An innovative part of the Resolusion service will be the initial medical assessment process, originally designed by Health & Case Management Limited (HCML) and Professor Mansel Aylward, and already used for medical assessments for the DWP Pathways to Work programme. The screening process immediately reduces the need for expensive Medical Reports and associated referral fees, and allows for the early use of rehabilitation where appropriate.

Darren Werth added, “The MOJ claims process reforms are here and we believe the Resolusion platform and service is crucial to the insurers if they are to meet these proposals, we have approached a number of insurers whose claims we capture on a daily basis and with them we hope to be able to lead the change in how personal injury claims are settled”.

About Accident Advice Helpline
Accident Advice Helpline was established in 2000 following the removal of legal aid to accident victims with personal injury cases. The company was founded to provide access to justice for accident victims and, since its creation, has helped thousands of people claim compensation against the responsible parties.

Working on a no win, no fee basis, the injury compensation specialist is the UK’s leading company of its kind and prides itself on quick and effective claims processing with high quality service and an admirable success rate. The level of customer satisfaction which Accident Advice Helpline is known for is characterised by television star Esther Rantzen’s continued support for the company, which she has steadily provided since 2003.

Via EPR Network
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Law Firm Field Fisher Waterhouse LLP Has Won Substantial Compensation For The Widow Of A Cyclist Killed In A Fatal Collision With An HGV

The driver of the HGV collided with the cyclist, Stephen Ferguson, despite the fact that Mr Ferguson was directly in front of his vehicle.

In April 2007, Mr Ferguson, a father of three from Dulwich in South East London was cycling to work when he approached a set of traffic lights on red. Passing a stationary HGV, he positioned himself in front of it, ready to cycle off when the lights went green. The driver, whose HGV was missing a nearside mirror, failed to see Mr Ferguson in front of his vehicle and when the lights changed, moved off, driving over Mr Ferguson and his bicycle, killing him instantly.

Mr Ferguson’s widow Emma instructed Field Fisher Waterhouse’s personal injury partner, Jill Greenfield and associate, Mark Bowman to represent her in a claim (Case number: 41899.1) against Hendricks Lovell Limited, the haulage company which employed the driver of the HGV.

Hendricks denied causing the road traffic accident but during investigations it was established that the driver had his radio on, had an open newspaper on the passenger seat and was missing one of his mirrors. Hendricks finally agreed to pay substantial financial compensation to Emma Ferguson and her three young children, now aged six, four and one.

Mark Bowman, solicitor at Field Fisher Waterhouse commented: “This tragic case highlights the danger that HGVs pose to cyclists and why they must be fitted with the correct mirrors. More needs to be done to ensure that cycling in London is safe and that these accidents happen far less.”

Emma Ferguson said: “I would like to thank Field Fisher Waterhouse for all their amazing work. This will make a real difference to the children’s future. I am, and I know Stephen would be, very grateful to them for that.”

 

About Field Fisher Waterhouse LLP
Field Fisher Waterhouse LLP is a full service European law firm with offices in Brussels, Hamburg, Paris, London and Manchester and exclusive relationships with Spanish firm Jiménez de Parga and Italian firm, La Scala. The firm has over 120 partners, 220 other lawyers and nearly 300 support staff. FFW assists a wide range of international clients, advising across the full range of legal issues.

The firm’s main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. FFW also has particular expertise in employment & pensions, dispute resolution, tax and competition & EU law, Medical NegligenceSpinal Injury and Personal Injury Claims.

The international client base includes listed and unlisted companies, multinationals, banks and other financial institutions, professional partnerships, trade associations and Government departments. A distinctive feature of the firm is its industry focus, acknowledged as leading experts in the public sector, technology and media sectors.

Via EPR Network
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Russell Jones And Walker Reports Positive News For Majority Of Claimants Who Have Suffered Because Of Sofas Containing The Irritant Dimethyl Fumarate

Richard Langton of Russell Jones and Walker, the solicitor who is leading the sofa rash group litigation against the retailers who sold sofas containing the irritant Dimethyl Fumarate said:

“The positive news is that the majority of claimants will be able to expect compensation within the next few months. All parties concerned will be meeting before 1st June 2009 to establish an assessment process for calculating the amount of compensation that individual claimants will receive and this represents the final stages in establishing liability.”

However, it has transpired that in an unprecedented move, Zurich, the insurers for Land of Leather, may not in fact be looking to pay out compensation for these skin injury claims for undisclosed reasons (Case Number 604759.2). Zurich now have 21 days to confirm their position after which time RJW will be able to update as to whether claimants should be able to expect the rash compensation payments. Russell Jones and Walker is concerned that it has taken Zurich over a year to reveal this decision and that hundreds of people may not receive the claims they are entitled to.

Richard Langton commented, “Should this be the case, we will be doing whatever we can to secure compensation for those people who purchased affected sofas from Land of Leather, and will continue to try and confirm compensation for all the deserving victims of the sofa rash claims, related illness and injuries”.

 

About Russell Jones & Walker
Russell Jones & Walker is a leading national firm of solicitors dedicated to upholding the legal rights of individuals. From the firms foundation in the 1920s the focus has and continues to be, people and those who represent them.

The firm has grown from its trade union roots into a respected national organisation with nine offices across England and Wales, and an associated office in Scotland.

The reputation of Russell Jones & Walker is built on the range of expertise offered by its partners and staff and on the scope of their practical experience.

RJW Solicitors represents clients across a range of areas from personal injury work to commercial and criminal litigation; from employment to defamation and reputation management; and from clinical negligence to family law.

Via EPR Network
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The Accident Advice Helpline Has Announced They Are To Focus Their Marketing Campaign Around Accidents At Work In An Effort To Support The Health And Safety Executive

Following recent government publicity of the work carried out by the HSE, Accident Advice Helpline has allocated additional advertising budget to help get the message out to the public that if they are injured at work through no fault of their own then their employer is liable for damages and that the AAH is there to help. Included in the advertising are television spots where Accident Advice Helpline clients – such as Steve Hubber, who claimed £3,677 after receiving serious leg injuries at work – talk about their compensation claim experience with the company.

The Health and Safety Statistics Report 2007/08 released by the HSE revealed that 6 million working days were lost because of workplace injury and Accident Advice Helpline is joining them in their drive for improved health and safety in the workplace.

David Carter, the spokesperson for Accident Advice Helpline, said: “We are in constant contact with innocent victims who have suffered painful injuries, so we fully support and recognise the value the HSE brings by helping to reduce the number of preventable accidents from happening.

“By implementing their suggestions and providing specialist training for undertaking injury inducing tasks such as lifting or operating dangerous machinery they are making workplaces across Britain much safer. Even a simple look around the office to ensure there are no potential hazards could prevent a serious injury.”

People who are considering claiming work accident compensation can visit the Accident Advice Helpline website for more information, to read case studies and to use the 30-second ‘How much is your claim worth?’ calculator. AAH also provides 24 hour phone assistance offering free legal advice.

About Accident Advice Helpline
Accident Advice Helpline was established in 2000 following the removal of legal aid to accident victims with personal injury cases. The company was founded to provide access to justice for accident victims and, since its creation, has helped thousands of people claim compensation against the responsible parties.

Working on a no win no fee basis, the injury compensation specialist is the UK’s leading company of its kind and prides itself on quick and effective claims processing with high quality service and an admirable success rate. The level of customer satisfaction Accident Advice Helpline is known for is characterised by television star Esther Rantzen’s continued support for the company, which she has steadily provided since 2003.

Accident Advice Helpline Direct Ltd 
Registered in England & Wales: No: 5107417
Registered Office: Quadrant House (Floor 6), 17 Thomas More Street, Thomas More Square, London E1W 1YW

Via EPR Network
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Field Fisher Waterhouse Wins Compensation For Repeatedly Failed Cancer Patient

Law firm, Field Fisher Waterhouse LLP has won substantial compensation for Mrs X, a 71 year old from Chingford in London, now living in Brighton, who developed myeloma, a form of cancer affecting the bone marrow, after she repeatedly sought health specialists’ help but was not given appropriate treatment.

Mrs X will receive £400,000 as compensation following her medical negligence claim, after it was agreed that her GP should have referred her to hospital more quickly and the hospital should have taken swifter measures to treat her. The compensation will cover all of the costs that Mrs X has incurred to date together with the recommendations for future care.

Mrs X had experienced serious upper back pain since 2002 and had contacted her GP to investigate the problem. He conducted an erythrocyte sedimentation rate (ESR) test and, despite abnormal readings, failed to recommend any investigations into the cause of the readings. Mrs X’s situation worsened prior to a further ESR test being conducted in August 2003, revealing deteriorating results. Despite this, the GP failed to refer her for further assessments, instead assessing her ongoing symptoms as osteoarthritis, which would not cause an abnormal ESR reading.

Progressively, Mrs X lost useful function of her left arm and experienced paraesthesia in her lower limbs before her GP referred her for a non-urgent MRI scan.

In the meantime, Mrs X’s symptoms continued to deteriorate, leading her to refer herself to Whipps Cross Hospital in Leytonstone where she was seen by a junior doctor who failed to ask for a senior review or request an MRI scan. Prior to review by senior staff, Mrs X suffered a pathological fracture to her left arm and reduced sensation in both her legs.

Following senior review four days after admission, Mrs X was transferred to St Bartholomews Hospital in London where she was finally diagnosed as suffering from myeloma at which point she started to undergo radiotherapy and chemotherapy treatment.

The defendants, Mrs X’s GP and Whipps Cross Hospital initially denied liability, however when expert evidence on breach of duty and causation was due to be exchanged, both defendants admitted liability and judgement was entered for the claimant against both defendants.

Following exchange of further evidence on condition and prognosis from experts in the fields of oncology, neurosurgery, care, physiotherapy and occupational therapy, the personal injury claim settled for the sum of £400,000, ten days before the trial was due to begin.

Mark Bowman, clinical negligence lawyer at Field Fisher Waterhouse instructed by Mrs X to represent her said: “This was a particularly tricky case, involving experts from a number of disciplines and more than one defendant. I am very happy with the outcome. I am glad that Mrs X will now receive the compensation that she deserves and will be able to rest assured that her needs will be met for the rest of her life.”

 

About Field Fisher Waterhouse
Field Fisher Waterhouse LLP is a full service European law firm with offices in Brussels, Hamburg, Paris, London and Manchester and exclusive relationships with Spanish firm Jiménez de Parga and Italian firm, La Scala. The firm has over 120 partners, 220 other lawyers and nearly 300 support staff. FFW assists a wide range of international clients, advising across the full range of legal issues.

The firm’s main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. FFW also has particular expertise in employment & pensions, dispute resolution, tax and competition & EU law, clinical negligence, spinal injury and brain injury claims.

The international client base includes listed and unlisted companies, multinationals, banks and other financial institutions, professional partnerships, trade associations and Government departments. A distinctive feature of the firm is its industry focus, acknowledged as leading experts in the public sector, technology and media sectors.

Via EPR Network
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What’s Been Sleeping In Your Bed?

FROM:George Rust/561-644 4128 / ybstag@msn.com

While animal rights’ activists tossed Ringling Bros.[Feld Entertainment] into a legal ring in Washington D.C federal court this month., another case is soon to pounce on Busch Entertainment Corp – – the theme-park subsidiary of InBev/Anheuser-Busch.

The Florida case, however, is more than a contest over cruel and inhumane treatment of animals “on display.” It raises serious health issues for the travelling public.

According to filed court documents, Cuban-born Arlin Valdez-Castillo, a 40-something chambermaid at Boykin’s Miami airport Hampton Inn was assigned to conduct her housekeeping duties in hotel rooms occupied with an unusual clientele: lemurs, spider monkeys, a tropical parrot, and a five-year-old, five-foot long alligator named Bob. Although the rooms smelled like a zoo, according to members of the hotel staff, Arlin did her duty … retrieving feathers and fecal matter left by the untidy exotics. Arlin didn’t know about zoonoses [the medical term for diseases spread from animals to humans] until she fell seriously ill, was hospitalized for two weeks with angry lesions spontaneously erupting all over her body.

That was 2004. Next month, after five years of reoccurring skin lesions, diagnosed by a prominent Miami immunologist to have been caused by exposure to the exotic animals, a federal judge will weigh the evidence between man and beast. Recently, a Miami neurologist, who will testify at the upcoming trial, opined that the initial zoonotic infection has spread to Arlin’s nervous system, causing her severe pain in some extremities which he diagnosed as RSD (Reflex Sympathetic Dystrophy).

Unable to work, Arlin’s cause of action for payment of her mounting medical bills –- now calculated to exceed $450,000 with no end in sight – and sufficient funds to sustain a modest lifestyle and provide for future care, has been stymied at every turn by Busch lawyers, who claim “it’s her fault” that she had allergies.

Such outrage does not stop with Arlin. Conservation Ambassadors, formerly Wild on Wheels formerly Zoo-to-You, a California company which claims to promote animal conservation and provide an educational experience to curious townsfolk across America. It is no coincidence that Conservation Ambassadors appears to have a single client – Busch – to promote the corporation’s revenue-producing theme parks, including Busch Gardens – Tampa.

But does dragging helpless wild animals cross country, submitting them to the dark, frigid cargo-holds of Boeing’s best for 5+ hours really teach respect for wildlife? Or does it smack of high-powered publicity stunts to lure visitors out of shopping malls into theme parks to pump up the corporate bottom line?

Tourists and truckers should inquire of roadside innkeepers: What was sleeping in my bed before booking their motel rooms. Unwary folks may be exposing themselves to serious infectious diseases. These animals of the wild may not leave the light on for the weary traveler, but deposit dangerous microscopic organisms on the welcome mat in their wake.

Additional information/substantiation available at:
PACER (Public Access Court Electronic Records) www.pacer.gov
Southern District of Florida Case # 1:06-cv-20772-WPD

Previous coverage: as follows
Hotel Online (9/08)

Hotel Online
News for the Hospitality Executive
________________________________________

A Hampton Inn Miami-Airport West Housekeeping Attendant Claims Health

Woes After Cleaning Up for Two Lemurs, a Monkey and an Alligator
By Douglas Hanks, The Miami HeraldMcClatchy-Tribune Regional News
Sep. 24, 2008 – There’s no doubt some guests at the Hampton Inn Miami Airport West behaved like animals during their stay four years ago. They had an excuse, though — being lemurs, a spider monkey, an alligator and a parrot.

The menagerie — stars of a traveling zoo exhibition — lies at the heart of a lawsuit by a maid who cleaned rooms rented by the animals’ handlers for eight days in February 2004. Arlin Valdez-Castillo blames chronic medical problems on exposure to bird feces, monkey dander and other alleged hazards from the exotic guests.

The case, being heard in federal court in Miami, will force a judge to weigh the legal protections for employees, employers and beasts when all three land in close quarters.

Defense lawyers want Judge Shelby Highsmith to throw out the case partly based on court precedents that animal owners face liability only if their charges attack (such as a dog bite) rather than simply perform natural functions (such as spider monkey droppings).

“Plantiff’s alleged allergic reaction was not due to the dangerous propensities of the wild animals,” attorneys for Busch Gardens, which hired the animals for a local publicity tour, wrote in a motion. “Rather, the allergic reaction was due to Plaintiff’s own immune system.”

The case also reveals some of the complications involved when business travel includes the furry and the feathered.

ANIMAL HOUSE
Lawyers submitted as evidence a Busch Gardens manual for traveling with animals. Among the tips: Book a room near an ice machine when on the road with penguins and always put the “Do Not Disturb” sign on the door when leaving an animal alone in a hotel room.

According to court documents, the messy dispute began in February 2004, when Busch Gardens booked a South Florida publicity blitz for its safari theme park in Tampa. It hired the traveling Wildlife on Wheels animal troupe run by Conservation Ambassadors, a nonprofit in California’s wine country.

On Feb. 9, Maya the spider monkey, Bob the alligator, Tango the Macaw and lemurs Zuri and Rufio were loaded into containers and flown from California to Miami on an American Airlines flight.

They joined Busch Gardens workers for performances at Miami Heat and Miami Hurricanes basketball games, a Florida Panthers hockey game, and school and television appearances.

At night the animals and their Wildlife on Wheels handlers slept at the Hampton Inn, at 3620 NW 79th Ave. in West Miami-Dade.

Valdez claims her superiors forced her to clean the rooms once the handlers and animals left for the day.

Lawyers and executives for the hotel declined to comment.

Alan Landsberg, a Fort Lauderdale lawyer representing Conservation Ambassadors, said: “We believe the plaintiff has no case.”

HAIR AND FEATHERS
In her deposition, Valdez said she made contact with hair, feathers, urine and feces while cleaning the rooms.

“When you walked into the room, it was like being in a zoo,” Valdez said Tuesday afternoon through a translator in the Coral Gables office of her lawyer, John Hess.
But Migdalia Gonzalez, another Hampton Inn maid, said in a deposition that she encountered an “unpleasant” smell and plenty of feathers and bird food while cleaning up the rooms, but no feces, fur or visible urine.

Five hours into her 2006 deposition, Valdez also recounted being kidnapped two weeks earlier from outside her suburban Miami home by two men she claims took her to a cemetery and warned her to drop the lawsuit. Hess said a police report was filed, but no arrests have been made.

Valdez’s suit claims the animal exposure left her with physical and emotional problems, including skin lesions throughout her body, headaches and depression.

A University of Miami doctor, Nancy Klimas, wrote in a 2005 report that Valdez developed severe animal allergies “through a prolonged and dramatic exposure of animal dander and excrements during those 2 1/2 weeks” at the Hampton Inn.

Becca Bides, a spokeswoman for Busch Gardens and its sister park, Sea World, declined to comment directly on the suit but said: “We have been conducting animal interaction programs in our parks, and all over the world, for 45 years. And we have never had a history of such an occurrence.”

The suit says Boykin Management, the Ohio company that owns and manages the Hampton Inn franchise, forced Valdez, 42, out after she complained of health problems from the animal exposure.

But in court filings, Boykin denied making Valdez clean the rooms and rejected allegations she came into contact with feces, dander or other animal substances.
The Busch Gardens travel guide states animals may “roam” in hotel rooms, but all “feces, urine and marking excretions should be properly cleaned if this occurs during playtime.”

Busch Gardens, in a court filing, suggests Valdez brought on the problems herself.

“Plaintiff so carelessly and negligently conducted herself as to cause or contribute to the occurrence of the incident,” the theme park’s lawyers wrote.

But Valdez said she only cleaned the rooms as best she could, scooping up feathers by hand from the sink and scraping droppings off the carpet.

“I did what I had to do,” she said Tuesday.
—–
To see more of The Miami Herald or to subscribe to the newspaper, go to http://www.herald.com.
Copyright (c) 2008, The Miami Herald
Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

Contact Details:
Plaintiff’s counsel:
Michael M. Tobin, Esq.
Tel: 305-445-5475

John P. Hess, Esq.
Tel: 305-445-9525
Email:jphess55@hotmail.com

Bryan J. Yarnell, Esq.
561-622-1252 x178
bryanyarnell@gmail.com

Defendants’ counsel:
Robert Blank, Esq. [Defendant Busch]
Tel: 813-223-4253
Email: rblank@rumbergerkirk.com

James E. Mitchell, Esq. [Defendant Conservation]
Alan L. Landsberg, Esq.
Tel: 954-761-8600
Email: jem@bunnellwoulfe.com
all@bunnellwoulfe.com

Via EPR Network
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Injury Compensation Advice Company Accident Advice Helpline Has Launched Its New Website Detailing How Prospective Claimants Could Win Compensation For Their Personal Injuries

The new website intends to make clear the intention of Accident Advice Helpline to assist people with genuine claims discover what compensation they may be entitled to and includes information on the compensation claim process, how to claim online, a FAQ section and company news.

Accident Advice Helpline’s updated site also includes case studies, a 30 second “how much is your claim worth?” calculator and information about different types of injury compensation claims that can be made.

Prospective claimants are invited to visit the new website to read about what is available to them, but Accident Advice Helpline also encourages victims of personal injuries to phone them on a 24 hour free helpline offering legal advice.

From its new website, Accident Advice Helpline offers a no-win no-fee service to clients who have experienced a personal injury through no fault of their own. From traffic accidents to work accidents, Accident Advice Helpline can help victims of personal injury gain compensation. The injury compensation expert specialises in hassle free online and offline service, with no forms to fill.

For those who have suffered accidents at work, road incidents or other accidents, Accident Advice Helpline can provide round the clock assistance and advice – all free of charge on its legal advice helpline.

About Accident Advice Helpline
Accident Advice Helpline was established in 2000 following the removal of legal aid to accident victims with personal injury cases. The company was founded to provide access to justice for accident victims and, since its creation, has helped thousands of people claim compensation against the responsible parties.

The injury compensation specialist is the UK’s leading company of its kind and prides itself on quick and effective claims processing with high quality service and an admirable success rate. The level of customer satisfaction Accident Advice Helpline is known for is characterised by television star Esther Rantzen’s continued support for the company, which she has steadily provided since 2003.

Accident Advice Helpline Direct Ltd
Registered in England & Wales: No: 5107417
Registered Office: Quadrant House (Floor 6), 17 Thomas More Street, Thomas More Square, London E1W 1YW

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2008 – Record Year For Asbestos Claims

In 2008, the Asbestos Claims Group at law firm Field Fisher Waterhouse LLP recovered record levels of compensation for victims of asbestos-related diseases in 124 successful cases, resulting in over £16 million. Over the years, the lawyers in the firm’s Asbestos Claims Group have recovered a total of £132 million in 2025 successful claims.

Some of the significant asbestos claims cases over the past year have included:

– Negotiating an award of £703,000 for the widow and family of a 52 year old partner in an engineering firm who died from mesothelioma following exposure to asbestos at work. This is amongst only a handful of awards exceeding £500,000 across England and Wales.

– Winning £100,000 damages (plus legal costs) for a retired teacher who developed mesothelioma by using drawing pins to pin children’s work to the walls of her prefab classroom, which contained asbestos.

– In a landmark case the firm recovered £12,500 for the value of hospice care as part of a £170,000 settlement for a man who worked with asbestos in 1963 and contracted mesothelioma in 2005. The funding of hospice care is almost exclusively by charitable donation and this is thought to be the first time a firm of solicitors has recovered the cost of care in this way.

– Field Fisher Waterhouse acted for the family of a 75 year old man who died due to mesothelioma, and who used to take care of his grandchildren after school in term times. The defendants initially denied that this was compensatable, since there was no reported precedent for it, however the firm recovered£109,352 at a High Court hearing including £27,960 for the grandchildren’s care.

The FFW team of asbestos lawyers has also been actively lobbying the House of Commons, requesting that the Government overturn the House of Lords ruling that pleural plaques – a scarring of the lining of the lungs as a result of exposure to asbestos – is not a compensatable disease. The team also responded to the Ministry of Justice’s consultation on the Law Lords’ pleural plaques ruling.

Asbestos-related diseases affect thousands of people in the UK each year. Factory workers and labourers are amongst those who are commonly affected, but Field Fisher Waterhouse has also acted on behalf of professionals such as doctors, nurses and teachers who have been exposed to asbestos through their work. Field Fisher Waterhouse LLP is a leader in the field of Asbestos Claims.

Rodney Nelson-Jones, head of the Asbestos Claims group at Field Fisher Waterhouse, said: “I am delighted that in 2008 we were able to win over £16 million in compensation for the victims of these terrible diseases. It is crucial that sufferers and their families receive the compensation they deserve.”

About Field Fisher Waterhouse
Field Fisher Waterhouse LLP is a full-service European law firm with offices in Brussels, Hamburg and London. With 119 partners, over 200 other lawyers and nearly 300 support staff, FFW assist a wide range of international clients, advising across a full range of legal issues.

The main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse LLP also have particular expertise in competition & EU law, dispute resolution, employment, asbestos claims and mesothelioma claims, personal injury, spinal injury cases and medical negligence, public sector and tax.

 

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Quadriplegic Man Awarded $10 Million in Bad Faith Case

In January 2002, Atlantic Mutual had a chance to settle a quadriplegic personal injury case for $1 million but chose to “roll the dice.” The jury awarded a $16 million verdict and the injured party sued for bad faith. Today, a LA jury found that Atlantic committed bad faith.

A Los Angeles jury today awarded a quadriplegic man $10 million in a bad faith case against Atlantic Mutual Insurance Company. The jury found that Atlantic Mutual acted despicably and with malice and oppression in wrongfully refusing to settle his personal injury case in 2002. Lawyers return tomorrow to deliver closing arguments in the second phase of the trial to determine whether plaintiff is entitled to $5 million in attorneys’ fees.

More on www.smithchapman.com

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Field Fisher Waterhouse recovers substantial compensation against Barts & the London NHS Trust on behalf of brain-damaged youth

Law firm, Field Fisher Waterhouse LLP has recovered a substantial sum in compensation on behalf of Matthew Ellerbeck, who sustained serious brain damage after contracting herpes at the age of six.

In 1997, Matthew suffered a prolonged convulsion, and was taken in an ambulance to the A&E department of the Royal London Hospital. Herpes Simplex Encephalitis (HSE) should have been suspected, and aciclovir (an antiviral drug) should have been administered immediately. However the drug was not given to Matthew until over 30 hours later.

As a result of this delay, Matthew sustained serious brain damage. He is now 17, and as a result of the brain damage he suffers daily epileptic attacks and severe learning difficulties, as well as serious attention and behavioural problems.

Matthew’s mother, Susan Culling, brought the case against Barts & the London NHS Trust on his behalf in the High Court. Richard Earle, a lawyer in the Personal Injury and Medical Negligence Group at Field Fisher Waterhouse, conducted Matthew’s case to settlement.

The hospital accepted the delay in treating the HSE was negligent, but it argued that most of the damage and subsequent consequences to Matthew would have occurred anyway.

The case had gone on for nine years, in which time a number of concessions were made by the hospital, when a settlement was agreed two months before the case was due to go to trial.

Following this long legal battle, Field Fisher Waterhouse recovered substantial damages. This includes provision for periodical (annual) payments to be made for the rest of Matthew’s life to cover his care and accommodation needs.

Susan Culling said: “I was determined to press on and seek justice for Matthew. I am very pleased at the level of compensation which will make a huge difference to Matthew’s life.”

Richard Earle said: “I am absolutely delighted that substantial damages have been recovered on Matthew’s behalf, in what was an extremely complex case on the medical evidence where both Matthew’s lawyers and medical team had worked extremely hard to overcome the Defendant’s arguments on causation. This will improve the quality of Matthew’s life and provide protection for the future.”

Matthew was represented by James Badenoch QC and Dennis Matthews of Counsel.

About Field Fisher Waterhouse LLP:
Field Fisher Waterhouse LLP is a full-service European law firm with offices in Brussels, Hamburg and London. With 119 partners, over 200 other lawyers and nearly 300 support staff, we assist a wide range of international clients, advising across a full range of legal issues.

The main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse LLP also have particular expertise in competition & EU law, dispute resolution, employment, personal injury and clinical negligence, public sector and tax.

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Welcome to EPR Law News

EPR Law News is a new blog, part of EPR Network, that is going to be focused on and will be covering the law news and stories from press releases published on EPR Network.

EPR Network (EPR stands for express press release) is one of the nation’s largest press release distribution networks on Web. The EPR’s nationwide network includes 12 State based PR sites, one major PR forum and a number of industry specific PR blogs and what started as a hobby on Internet years ago turned out to be a rapidly growing business today. EPR Network is also known as one of the most trusted (human optimized, published, edited and monitored, spam/scam/low quality PR content free) PR sites on the web with more than 10,000 company and individual press releases distributed per month. EPR Network is putting your press releases on top of all major search engines’ results and is reaching thousands of individuals, companies, PR specialists, media professionals, bloggers and journalists every day.

EPR Network has thousands of clients around the world including global 500 corporations like Hilton Hotels, Barclays Bank, AXA Insurance, Tesco UK, eBay/Skype, Emirates, just to name a few. The network’s PR web sites are currently reaching from 150,000 to sometimes 500,000 unique visitors per month while our viral reach could possibly go to as much as 1M people per month through our presence across various social media sites. EPR Network was established in 2004 and as of May 2008 it had more than 800,000 press releases (pages) published on its network.

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