Prostate Cancer Claims – One of the Most Common Cancer Among Men

After skin cancer, prostate cancer is the most common cancer among men in the United States. Prostate cancer is more common in older men (greater than age 50). However, most prostate cancers that are timely treated will not affect the length of one’s life. In other words, most men die with prostate cancer but not … Read more

What Does It Take To Bring A Medical Malpractice Case?

Medical malpractice claims can be the most difficult, time consuming, and expensive civil cases to bring.  Unlike your typical auto accident or slip and fall case where it can be clear that one side violated the traffic laws, or caused someone to slip and fall, fault in medical malpractice cases is not always as clear … Read more

How to Report Nursing Home Neglect to the Department of Health

If you feel that a loved one died or was seriously injured due to a nursing home’s neglect one of the first things you should do is contact your state’s Department of Health.  Most states have a number, fax, email, or online complaint form you can fill out to report nursing home neglect. In Pennsylvania … Read more

Nursing Home Laws and Regulations

Nursing homes must follow certain federal and state regulations when caring for a resident who was admitted for rehabilitation from surgery or long term care.  Specifically the statute which sets out a nursing home’s responsibilities is called the Nursing Home Reform Act, otherwise known as the Omnibus Budget Reconciliation Act of 1987 (OBRA), 42 CFR … Read more

Can An Employee Who Is Injured On The Job And Receives Workers’ Compensation Benefits Still Bring A Claim Against His Or Her Employer?

Normally when an employee gets injured at work and her employer is at fault, the employee can only recover workers’ compensation benefits – meaning coverage for her medical bills and roughly two thirds of the employee’s lost wages.  By Pennsylvania statute, 77 P.S. §481(a) recovery of workers’ compensation benefits by an employee is the exclusive … Read more

Is the Sale of Semen Considered the Sale of a Product? Can a Strict Product Liability Claim Ever Be Considered a Claim for Wrongful Life?

Most states have enacted “Blood Shield Laws” under which a person or entity cannot be found strictly liable or to have breached any warranties for the lawful sale and transfusion of blood and blood products.  Therefore, regardless of any warranties given about the quality of the blood or blood products no claim for breach of … Read more

Defenses The Thistle Law Firm Faced in a Products Liability Suit Governed by the Restatement Third of Torts

The Restatement Second of Torts §402A  has applied to products liability suits in Pennsylvania since the Pennsylvania Supreme Court adopted it in 1966 in Webb v. Zern, 422 Pa. 424, 220 A.2d 853.  However this may all change with the United States Court of Appeals for the Third Circuit recently predicting that the Pennsylvania Supreme … Read more

One of the First Firms to Successfully Bring a Claim against a Biostatistical Research Company

When a product manufacturer wants to market and sell a medical device that presents an unreasonable risk of injury or illness to the public, under federal law 21 USCF § 360 the manufacturer must show to the Food and Drug Administration (“the FDA”) that the effectiveness of the product outweighs any risks of harm.  The … Read more

Making New Law Against Entities that Deny Insurance Coverage

Unfortunately a jury verdict in favor of a plaintiff doesn’t always mean they will automatically be compensated for their losses.  This was the situation the Thistle Law Firm faced following a $7 million medical malpractice verdict in favor of its clients.  While the attorneys at The Thistle Law Firm were able to obtain insurance coverage … Read more