Articles Tagged with drug

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Huntsville Personal Injury AttorneysI’m not writing to debate the pros or cons of medical marijuana. I’ll leave that to others. It’s a debate playing out in many states. Last week, two Alabama Senators (both of whom are doctors) debated the topic in the Senate chamber. One Senator, an anesthesiologist, debated in support of medical marijuana. The other, an obstetrician, debated against it. The Alabama Legislature has been debating bills that would allow medical uses.

Again, I’m not writing to debate the proposed legislation. My blog deals with Alabama personal injury issues. How would legal marijuana impact Alabama workers’ compensation claims? I believe the issue intersects personal injury law in a number of ways. From car wrecks to work comp, it’s an issue that will impact claims. For today, let’s talk about possible impacts on work comp.

Impairment or intoxication from drugs and alcohol can be a defense to work-related injury claims in Alabama. While substances like alcohol may be legal (for adults), a delivery driver who injures himself in an accident caused by his own drunk driving is not going to receive full work comp benefits.

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Blackwell Law Firm: Huntsville Personal Injury AttorneysI remember listening as the doctor testified about his trips to Las Vegas. That’s where the medical device company took him to “discuss” its product. After these trips to Las Vegas, the doctor returned home and began implanting the product into countless Alabama patients.

At the time, I was surprised. Shocked. But, that was also the first time I had deposed an implanting doctor in one of these cases. In the years since, I have seen far too many instances of drug and device companies trying to tempt physicians into prescribing or implanting certain products.

In some cases, the physician may not even be fully trained in the potential issues of the drug or product at issue. I think this is an issue with transvaginal mesh implants. These products were heavily marketed to local physicians and regularly implanted in women. Yet, the potential problems from mesh implants can be tremendous. When problems occur, the same implanting physicians are often unable to help. I recently deposed a surgeon at a major research hospital who has tried to help one of my clients suffering from implanted mesh. Here is what that specialist said:

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Blackwell Law Firm - Huntsville Car Accident LawyersYou are driving down the road. It’s a beautiful day. Bam! Suddenly, another car crashes into you. Another driver ran a stop sign and caused the crash.

Clearly, you have a negligence claim against the other driver. He failed to follow the Rules of the Road. He ran a stop sign. Then, you learn more. You learn this other driver also uses illegal drugs. Illegal drug use. That’s powerful evidence. It’s powerful evidence if the judge allows it’s use at trial! That brings us to the key question:  Is the other driver’s drug use admissible at trial? Can you use this evidence to help your case?

The answer is, maybe. I know, that’s not the concrete answer you wanted. Evidentiary questions rarely have absolute answers. That’s why a good lawyer with real trial experience is so important to your case. You need an experienced trial lawyer who understands the evidence rules and how to apply them. You certainly will NOT get such a lawyer from the billboards and television advertisements showing smiling attorneys begging for cases.

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