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