The Faerber Law Firm Blog

To obtain a fair settlement for your injury claim, you probably do need a lawyer.  The insurance industry’s own statistics show that people who used an attorney received, on average, 3 and 1/2 times more in settlement money that those individuals who settled on their own. This is according to the Insurance Resource Counsel, a non-profit organization financially supported by the insurance industry.

Most people just do not have the knowledge of the law, negotiation skills, and experience to properly evaluate and present the claim to maximize its value.  Even with those skills, unrepresented people are unlikely to get full value for their case because they usually cannot litigate the claim (file a lawsuit and pursue it) competently without representation.

While many cases settle prior to filing a lawsuit, often one is necessary to force the insurance company to pay a reasonable settlement.  One recent example of a case my firm handled involved a young man who was injured in a car/ pedestrian accident.  Before he hired my firm, the insurance company disputed liability- claiming their insured was not at fault - and questioned his injuries.  They offered him about $10,000 to settle his claim.  After I got involved, we litigated the case and were able to show the other driver was at fault, and my client needed surgery.  The case then settled for nearly ten times ($100,000) the initial amount offered to the unrepresented client.  While this result is not necessarily typical, and I cannot make guarantees in any case, represented victims typically do much better than those without counsel.

If you or a loved one have been hurt in a car or big truck accident in Utah, it’s important to hire an experienced Utah personal injury car accident attorney as soon as possible.  I’m happy to talk to you about your situation for a free, no-obligation consultation.  If you have a legitimate case, I will be happy to take it on a contingency fee basis, which means you pay no attorneys fees unless we settle or win your case.  Please contact a knowledgeable Utah car accident lawyer today at The Faerber Law Firm, PC at (801) 990-3225.

On August 26, 2010, DePuy Orthopaedics finally announced the recall of its defective hip implants.  DePuy Orthopaedics, a division of Johnson and Johnson Services, Inc., manufactured the ASR XL Acetabular Hip Replacement System and the ASR Hip Resurfacing System (“ASR Hip Implants”).  It is estimated that a total of 93,000 implants are affected.

Patients experiencing pain associated with their hip implants should seek professional medical help right away. Patients have experienced a variety of symptoms including hip pain, swelling of the hip, problems walking, and others.   In the most severe cases, patients may need revision surgery.  This is a painful, costly, and invasive procedure requiring months of recovery.  Approximately 12-13% of DePuy hip replacements patients have required replacement surgery already.

DePuy has identified reasons for the failure of the devices as component loosening, malalignment, infection, fracture of the bone, dislocation, metal sensitivity and pain.  The DePuy ASR has also been associated with increased metal ion levels in the blood.  Recent information published by the British Orthopaedic Association indicates that failure rates at six years may be as high as 49%

Hundreds of lawsuits around the country have been filed seeking compensation, including pain and suffering, medical expenses, and other losses on behalf of those injured due to these defective implants.

The Faerber Law Firm, PC is currently investigated potential DePuy hip implant cases.  If you or a loved one have experienced problems due to a DePuy hip implant, it is important to contact a local experienced personal injury and product liability lawyer.  Contact a Utah DePuy hip implant lawyer at the  The Faerber Law Firm, PC at 801-990-3225  for a free, no obligation consultation to learn about your rights today.

The Faerber Law Firm, P.C. (Salt Lake City, Utah), The Lance Firm, P.C. (Salt Lake City, Utah),  and Marler Clark (Seattle, Washington) mailed a Notice of Claim  to the City Manager of Saratoga Springs today, on behalf of a victim of the recent Campylobacter outbreak linked to the city’s drinking water supply.  Today’s filing gives the City and its public works department official notice that the victim, through her attorneys, intends to take legal action for the injuries that she suffered.  The Notice of Claim is a prerequisite to filing a lawsuit.

The City of Saratoga Springs issued a boil water notice to the residents of the northern section of the city after it was discovered that Campylobacter in the water was making residents ill. The order began on May 13 and remains in place as the City works to eliminate the pathogenic bacteria from the water.

At least seven others have been confirmed ill with Campylobacter infections, and many others suffered without confirmed diagnoses due to the city water contaminated with Campylobacter.

Residents should have the right to rely upon a safe water supply, free of dangerous contaminates.  Attorneys from the Faerber Law Firm, P.C. hope the city will do the right thing in responding to this, and other, claims.

By Attorney Jared Faerber of The Faerber Law Firm, P.C.

Many types of cancer are curable- particularly if caught early.  For example, if a breast cancer diagnosis is made at Stage 0 or I, the five-year survival rate is close to 100 percent.  However, if the diagnoses is missed, the chances for a better outcome decline.  At Stage IV, for example, the five-year survival rate is typically less than 20 percent.  Early diagnosis is therefore key.  A missed or delayed diagnoses of cancer due to medical negligence is therefore often actionable in Utah and other states.

Delayed or misdiagnosed cancer cases in Utah often involved common causes.  These include the misinterpretation of chest x-rays, mammograms, PAP smears, and other tests.  Other negligent causes of a delayed diagnoses might include a physician minimizing or ignoring your complaints, relying on a less than definitive means of diagnosis when a definitive test, such as a biopsy, is available.  Sometimes doctors might improperly assume your complaints have a “benign” cause.  For example, they might attribute rectal bleeding to hemorrhoids when your symptoms might warrant further testing and investigation.

Missed diagnoses of cancer cases involve a loss of chance for a better outcome.  These are real and tragic injuries.  My firm has successfully handled delayed cancer diagnoses medical malpractice lawsuits on behalf of people in Utah and Salt Lake City and can help you or your loved one seek justice.  We work with oncologists and other experts nationwide to prove your claim.  Feel free to contact us online or call (801) 990-3225 directly for a free consultation.

By Jared Faerber of The Faerber Law Firm

No one expects to report for an abdominal or knee surgery and come out of the operation with a permanent nerve injury or burn to a completely different part of the body.  Yet this occurs more often than necessary in Utah hospitals and surgical centers.  It is often the result of malpractice.

Improper positioning and padding during surgery can lead to compression neuropathy, A condition wherein nerves become compressed or entrapped due to trauma, pressure, inflammation, or entrapment.  The result can be permanent loss of nerve function, numbness, pain, and weakness.  Although procedures such as carpal tunnel release can improve symptoms, many nerve injuries are permanent and disabling.  Surgical patients also occasionally suffer burns during procedures due to the misuse of heating pads which are used to prevent vasoconstriction.

How can a patient’s lawyer in Utah prove a compression neuropathy or burn resulted from negligence during a surgical procedure rather than from some other cause?  After all, the patient is completely unconscious and has no way of knowing exactly what occurred during the procedure.

Utah law is uncharacteristically favorable to injury victims in these cases.  The legal doctrine of res ipsa loquitur may allow the injured party to raise an inference of negligence.  Simply put, res ipsa applies when the injury is the kind of thing that usually doesn’t happen unless someone made an error, the defendants had control of the situation, and the injured patient did not cause their own injury.  See Baczuk v. Salt Lake Regional Medical Center, 8 P.3d 1037 (Utah Ct. App. 2000).

As a Utah medical malpractice attorney, I have successfully brought these types of claims for injured plaintiffs. I have helped those who suffered from ulnar neuropathy, compartment syndrome, and other injuries during surgery.  They are not easy claims, even with the favorable law, as defendants will sometimes contest the severity of the injury even if they admit liability.  Yet injured patients deserve a fair opportunity to recover for situations they did not create or deserve. I enjoy helping them reach this worthwhile goal.

By Jared Faerber of The Faerber Law Firm

Insurance companies deliberately delay, deny, and defend automobile injury claims in Utah and other states around the country. CNN and Anderson Cooper, among others, have conducted extensive investigations to reveal these types of practices in the insurance industry.

Former insurance industry insiders have reported strategies implemented by many insurance companies to limit and deny legitimate claims in minor injury cases. As a result, insurance companies have reaped billions of dollars in profits. Have the companies passed on these profits to consumers in the form of lower premiums? Hardly. Premiums are as high or higher than ever.

Three elements were the focus of the strategy: delay, deny and then defend the claims in court. The insurance industry claims these strategies were not to be used against legitimate claims, but only to fight fraud. The individuals highlighted in CNN’s report, however, say otherwise. Injured parties would be forced to spend years and years in court in an attempt to resolve even small claims. In my years of experience as a Utah personal injury lawyer, I’ve also seen insurance companies such as Allstate, State Farm, and Farmers deny legitimate claims and fight aggressively to avoid paying fair value.

The insurance industry has also fought a new Washington State law requiring insurance companies who deny legitimate claims and later lose in court to pay three times the damages, plus attorneys’ fees. Known as the Fair Conduct Act, this law passed the legislature and was signed by the governor of Washington. Insurance companies have filed a referendum to try to get the law off the books. They have spent millions on television commercials and other advertising to defeat the law. If the industry is only using its deny, delay, and defend strategy on fraudulent claims, why are they so afraid of this law?

According to the story, in 2005, homeowner’s and auto insurance companies made a record 44.8 billion in profits, a 19% increase from 2004. The industry again made record profits in 2006, and continued to do well in 2007. Of course there is nothing wrong with making a profit, but doing so through dishonest practices is unacceptable.

For the complete CNN story, see:

http://www.youtube.com/watch?v=IvPW087RiJ8&feature=related

By Jared Faerber of The Faerber Law Firm

A dog attack may last only a few seconds, but the physical and emotional scars can last a lifetime. Utah law is appropriately favorable to victims of dog bites. Under Utah law, a dog owner is liable for injuries caused by his or her dog whether or not that dog has previously bitten others or shown signs of being vicious.   Lawyers call this strict liability, or liability without fault.  It is an easier standard than negligence because it does not require the plaintiff to show carelessness on the part of the dog owner.  While there are still some defenses in Utah, generally, all a plaintiff must show is that the defendant owned or kept the dog and that the dog harmed the plaintiff.

In my experience with these types of cases, there is often insurance coverage available, specifically home owner’s insurance,  to satisfy claims made against dog owners.  Dog bite victims should remember that they may need future medical care such as scar revision surgery from a plastic surgeon.  In other cases I have handled, the victims required physical therapy to rehabilitate damaged muscles.   It is also important to remember that scars, particularly on the face, can result in permanent psychological damage and self-esteem issues.

Another tragic aspect of these types of cases is that most of them are completely avoidable by the dog owners.  With proper training, socialization, control, and confinement, dogs can be safely kept. When these practices are not observed, terrible injuries can occur.

By Utah Injury Lawyer Jared Faerber of The Faerber Law Firm

“This shouldn’t have happened. It was needless. It was senseless and it’s changed lives forever, not just Jessie, but there are other people who love him and his future.”

- Laurie Scott

This is from the mother of 18-year-old Jessie Scott, a resident of Draper, Utah, who has been in a coma since the end of April because of a medication error which occurred at a Walmart Pharmacy. His doctor prescribed 5mg of Oxycodone Hydrochoride in a liquid solution to help him with the severe pain of his strep throat. What he received from the pharmacy was a concentrated solution which was supposed to have been diluted before being dispensed. Jessie ended up receiving 20 times the prescribed dose for a total of 100mg of the concentrated solution. Within hours his organs began to fail and he was placed on a ventilator.

Jessie spent 16 days in ICU, was moved to intermediate care for another four days, then to HealthSouth for intensive therapy. He has recently started speaking again.

The words of Jessie’s mother really say it all about this horrific situation. Medication errors are some of the most common medical mistakes. Click here for more information.

Our thoughts are with the family in this difficult time.

By Utah Attorney Jared Faerber of The Faerber Law Firm

No one thinks it will happen to them.  That’s why it is easy to ignore it and think someone else will fix it.  We are talking about medication errors like the one which nearly killed the children of actor Dennis Quaid.  This near fatal drug mix-up involved administering nearly 1000 times the regular dose of a blood thinner to Quaid’s newborn twins.  This demonstrates even famous actors are not immune from this devastating, and common occurrence.

Medication errors are among the most common medical errors, harming at least 1.5 million people every year, according to a 2006 report from the Institute of Medicine of the National Academies. The extra medical costs of treating drug-related injuries occurring in hospitals alone conservatively amount to $3.5 billion a year.

Errors are common at every stage, from prescription and administration of a drug to monitoring of the patient’s response. It estimated that there is at least one medication error per hospital patient per day, although error rates vary widely across facilities. Not all errors lead to injury or death, but the number of preventable injuries that do occur is troubling.

New computerized systems for prescribing drugs and other applications of information technology show promise for reducing the number of drug-related mistakes. Studies indicate that paper-based prescribing is associated with high error rates. Electronic prescribing is safer because it eliminates problems with handwriting legibility and can automatically alert prescribers to possible interactions, allergies, and other potential problems. Many providers have already switched over to electronic systems.

Confusion caused by similar drug names accounts for up to 25 percent of all errors reported to the Medication Error Reporting Program http://www.usp.org/hqi/patientSafety/mer operated cooperatively by U.S. Pharmacopeia (USP) and the Institute for Safe Medication Practices (ISMP). In addition, labeling and packaging issues were cited as the cause of 33 percent of errors, including 30 percent of fatalities, reported to the program.

As a Utah medical malpractice lawyer, I’ve seen the devastating effects of medical negligence first hand.  A seemingly small mistake can lead to a lifetime of problems.  Over the years, I have enjoyed helped many people recover financially and emotionally from their injuries. If you or someone you know has been injured by a medication or pharmacy error, contact a Utah medical malpractice lawyer today at The Faerber Law Firm for a free, no obligation consultation.

Posted by Utah personal injury lawyer Jared Faerber of The Faerber Law Firm

Attend to Injuries

Get medical attention immediately and tell your doctors exactly how the injury occurred. Make sure to describe all symptoms and complaints.

It is best to seek attention quickly, even if you are not sure that you need it. You may be in shock and not notice your own injuries.

Make sure to follow-up with additional concerns and follow the advice of your doctor.

Be Careful About What You Say

When talking to the police or highway patrol about the accident, it is important to be truthful, but to also keep your comments minimal. Limit yourself to asking if anyone was hurt. You should NOT:

• Apologize
• Admit it was your fault
• Say “I didn’t see you” or anything of the kind

Comments like these could be taken as an admission of fault. At this stage, it is often too early to determine fault, and you do not want to risk damaging your case down the road.

Talk to no one about the accident or injuries except the police, your doctor, or lawyer.

Report the Accident

Call 911 to report the accident. Utah law requires accidents be reported immediately to law enforcement. See Utah Code Annotated § 41-6a-401. and 41-6a-401.7. This is not only required by law, it also creates written evidence of the accident and helps document fault.

Obtain Information

• Obtain the name, address, insurance information, vehicle license number and driver’s license number of everyone involved in the accident.
• Get the names, addresses and telephone numbers of all witnesses.
• Photograph the accident scene, including all vehicles involved (before repairing) and any visible injuries (e.g., cuts, bruises).

Contact an Attorney

It is important to contact an experienced attorney immediately who specializes in personal injury claims. Early legal representation can help preserve your claim and ensure the maximum recovery. If you or a loved one has been injured in a car or truck accident, contact us today, and we would be happy to talk with you for free about how we can help.