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Younger Patients Opt for Joint Replacement Surgery, Increased Numbers Affected by Defective Implants Manufactured by DePuy

In January 2011 the Washington Post reported on the recent trend of younger patients opting for joint replacement surgery. In 2008, of the 277,000 hip replacements performed in the United States, 27 percent were conducted on patients ages 45 to 64. That represents an increase of 78 percent for that age group. One orthopaedic surgeon

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February 17, 2011 No Comments

Court Turns Away Plaintiffs’ Mental Distress Claims After Chemical Release in St. Gabriel

The tort of intentional infliction of emotional distress, as we have previously explored, occurs when the defendant purposefully engages in extreme or outrageous conduct with the goal of seriously upsetting the plaintiff. A different case is the scenario involving the plaintiff’s mental distress that results from the defendant’s negligent conduct. Commonly, a plaintiff can successfully

Read More »
February 16, 2011 No Comments

Criticisms of Metal-on-Metal Hip Replacements May Push Physicians Away from Usage

Medical literature has showcased several problems with metal-on-metal hip implants, such as the DePuy ASR line that was recalled in August 2010. Among the various problems, soft tissue reactions and high risks associated with metal-on-metal implant materials emerge to the top. For example, some hip implant recipients are especially sensitive to cobalt and chromium, two

Read More »
February 15, 2011 No Comments

Mesothelioma & the LHWCA: Recovery for Louisiana Shoreline Workers

For decades, the Louisiana shoreline was a hub of industrial activity where asbestos was handled, stored, and transported daily. Today, many of the workers who kept our ports running are facing the devastating reality of mesothelioma. While the legal road to recovery is complex, the federal government created a powerful tool for these families: the

Read More »
February 14, 2011 No Comments

Louisiana Court Sets Out Requirements for Summary Judgment

During the course of litigation, one of the tools used by lawyers and the legal system to weed out weak cases is to file for summary judgment. The basic premise of summary judgment is to call the other side to provide solid evidence of their claim. The moving party, the party filing the summary judgment,

Read More »
February 11, 2011 No Comments

Court Reaffirms: No Passenger Responsibility in Car Crash Caused by Drunk Driver

Louisiana courts have consistently held that a guest passenger is not responsible for a driver’s negligence. “This jurisprudential rule recognizes the fact that an automobile passenger is generally incapable of influencing the driver’s behavior: it is unrealistic to hold … that the occupant of a motor vehicle has factually any control or right of control

Read More »
February 9, 2011 No Comments

Insurance Policy Exceptions in Automobile Accidents

Automobile insurance policies are a means of protecting car drivers and accident victims. It creates a pool of money so that any party at fault can make the victim of his or her negligence whole. When a business holds itself out as a car dealer, policy terms are a little different based on each party

Read More »
February 8, 2011 No Comments

Chinese Drywall Still a Major Issue Throughout Gulf Coast

For thousands of homeowners, an unwelcome companion lives with them every day, without their consent and sometimes without their knowledge. This unwelcome housemate is known as Chinese drywall. This dangerous defective material was utilized in a multitude of homes between 2001 to 2007, when it was imported from China. The drywall has created an unhealthy

Read More »
February 6, 2011 No Comments

Jeffrey Berniard

Attorney Jeff Berniard, Licensed Louisiana Attorney and Founder of Berniard Law Firm

Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.

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Archives

Younger Patients Opt for Joint Replacement Surgery, Increased Numbers Affected by Defective Implants Manufactured by DePuy

February 17, 2011 No Comments

In January 2011 the Washington Post reported on the recent trend of younger patients opting for joint replacement surgery. In 2008, of the 277,000 hip replacements performed in the United States, 27 percent were conducted on patients ages 45 to 64. That represents an increase of 78 percent for that age group. One orthopaedic surgeon

Read More »

Court Turns Away Plaintiffs’ Mental Distress Claims After Chemical Release in St. Gabriel

February 16, 2011 No Comments

The tort of intentional infliction of emotional distress, as we have previously explored, occurs when the defendant purposefully engages in extreme or outrageous conduct with the goal of seriously upsetting the plaintiff. A different case is the scenario involving the plaintiff’s mental distress that results from the defendant’s negligent conduct. Commonly, a plaintiff can successfully

Read More »

Criticisms of Metal-on-Metal Hip Replacements May Push Physicians Away from Usage

February 15, 2011 No Comments

Medical literature has showcased several problems with metal-on-metal hip implants, such as the DePuy ASR line that was recalled in August 2010. Among the various problems, soft tissue reactions and high risks associated with metal-on-metal implant materials emerge to the top. For example, some hip implant recipients are especially sensitive to cobalt and chromium, two

Read More »

Mesothelioma & the LHWCA: Recovery for Louisiana Shoreline Workers

February 14, 2011 No Comments

For decades, the Louisiana shoreline was a hub of industrial activity where asbestos was handled, stored, and transported daily. Today, many of the workers who kept our ports running are facing the devastating reality of mesothelioma. While the legal road to recovery is complex, the federal government created a powerful tool for these families: the

Read More »

Louisiana Court Sets Out Requirements for Summary Judgment

February 11, 2011 No Comments

During the course of litigation, one of the tools used by lawyers and the legal system to weed out weak cases is to file for summary judgment. The basic premise of summary judgment is to call the other side to provide solid evidence of their claim. The moving party, the party filing the summary judgment,

Read More »

Court Reaffirms: No Passenger Responsibility in Car Crash Caused by Drunk Driver

February 9, 2011 No Comments

Louisiana courts have consistently held that a guest passenger is not responsible for a driver’s negligence. “This jurisprudential rule recognizes the fact that an automobile passenger is generally incapable of influencing the driver’s behavior: it is unrealistic to hold … that the occupant of a motor vehicle has factually any control or right of control

Read More »

Insurance Policy Exceptions in Automobile Accidents

February 8, 2011 No Comments

Automobile insurance policies are a means of protecting car drivers and accident victims. It creates a pool of money so that any party at fault can make the victim of his or her negligence whole. When a business holds itself out as a car dealer, policy terms are a little different based on each party

Read More »

Chinese Drywall Still a Major Issue Throughout Gulf Coast

February 6, 2011 No Comments

For thousands of homeowners, an unwelcome companion lives with them every day, without their consent and sometimes without their knowledge. This unwelcome housemate is known as Chinese drywall. This dangerous defective material was utilized in a multitude of homes between 2001 to 2007, when it was imported from China. The drywall has created an unhealthy

Read More »

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