Richard Bagdasarian Attorney – Antitrust Lawsuit Filed Against Cell phone Chip Supplier

Antitrust Lawsuit Filed Against Cell phone Chip Supplier

On January 17th, the Federal Trade Commission (FTC) filed an antitrust lawsuit against Qualcomm (QCOM), the lead supplier of chips used by our mobile phones. The company has been accused of  conducting a monopoly in the market via their patent-licensing terms with phone partners.; specifically, of strong-arming Apple into using its product in iPhones by lowering the associated patent-licensing fees.

The impact of this particular situation goes beyond antitrust concerns and, according to the FTC, also into the stifling of innovative new products entering the market: Allegedly, QCOM prevented Apple from launching a product called the WiMax iPhone because it would have generated much lower royalties for QCOM. As a result, QCOM allegedly made a deal, allowing Apple to pay lower royalties in order for QCOM to secure a long-term hold over the iPhone and lock rivals out of the market.

Antitrust Laws

Antitrust laws are designed to regulate the conduct of U.S. business corporations in an effort to promote fair competition for the sake of consumers. The main laws which enable action to be taken against corporations unfairly limiting competition are the Federal Trade Commission Act, the Sherman Act, and the Clayton Act. One of the main purposes of these laws is to prohibit the creation of a monopoly.

Detrimental Effects on Other Companies

As a result of this deal, QCOM remained Apple’s exclusive supplier, causing other companies such as Broadcom and Texas Instruments to retreat from the market. One company in particular also suffered from the failure of WiMax to enter the market—Sprint, which had invested in the standard and, instead, had to invest in LTE networks, which QCOM helped keep in place.

The Future of the Case

The emergency of iPhone 7 required Apple to split production between both QCOM and Intel due to the type of modems used for the device, thus QCOM (in response to the lawsuit) may argue that some competitive conditions have already been restored to the market in this particular case. In addition, the strength of the lawsuit may hinge on who sits on the FTC in the future, as the agency could be Republican-led in a short amount of time.

Other Repercussions

QCOM already faces significant fines from China, South Korea, Europe, and Taiwan, all of which have fined the company billions (combined) in overseas fines, forcing it to lower its licensing fees and currently investigating the company for anticompetitive practices.

This could also have an impact on the Smartphone market itself, as QCOM’s 3G/4G licensing fees can add up to five percent of the device’s entire wholesale price, potentially placing pressure on the company’s earnings and affecting investors as well.

Commercial Litigators Serving Florida

If you have been the victim in an antitrust legal dispute, or other areas of commercial litigation (such as banking, business, cybercrime, franchise law, etc.), contact Lavalle Brown & Ronan today. Our attorneys are well-versed in this complex area of the law, serving clients in Boca Raton and surrounding areas for more than 130 years combined. Let our experienced attorneys provide you with a free consultation today.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.


Richard Bagdasarian Attorney


Resources:

finance.yahoo.com/news/qualcomms-paul-jacobs-says-ftc-rushed-suit-before-trump-174753295.html

host.madison.com/business/investment/markets-and-stocks/qualcomm-faces-a-nasty-new-lawsuit-regarding-apple/article_6ef339b3-5ded-542d-8ab6-bcf8b62ca8ea.html

ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws


from Richard Bagdasarian’s Blog https://richardbagdasarian.wordpress.com/2017/03/09/richard-bagdasarian-attorney-antitrust-lawsuit-filed-against-cell-phone-chip-supplier/
Source: http://richardbagdasarian.tumblr.com/post/158199673723

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Richard Bagdasarian Attorney – Antitrust Lawsuit Filed Against Cell phone Chip Supplier

Antitrust Lawsuit Filed Against Cell phone Chip Supplier

On January 17th, the Federal Trade Commission (FTC) filed an antitrust lawsuit against Qualcomm (QCOM), the lead supplier of chips used by our mobile phones. The company has been accused of  conducting a monopoly in the market via their patent-licensing terms with phone partners.; specifically, of strong-arming Apple into using its product in iPhones by lowering the associated patent-licensing fees.

The impact of this particular situation goes beyond antitrust concerns and, according to the FTC, also into the stifling of innovative new products entering the market: Allegedly, QCOM prevented Apple from launching a product called the WiMax iPhone because it would have generated much lower royalties for QCOM. As a result, QCOM allegedly made a deal, allowing Apple to pay lower royalties in order for QCOM to secure a long-term hold over the iPhone and lock rivals out of the market.

Antitrust Laws

Antitrust laws are designed to regulate the conduct of U.S. business corporations in an effort to promote fair competition for the sake of consumers. The main laws which enable action to be taken against corporations unfairly limiting competition are the Federal Trade Commission Act, the Sherman Act, and the Clayton Act. One of the main purposes of these laws is to prohibit the creation of a monopoly.

Detrimental Effects on Other Companies

As a result of this deal, QCOM remained Apple’s exclusive supplier, causing other companies such as Broadcom and Texas Instruments to retreat from the market. One company in particular also suffered from the failure of WiMax to enter the market—Sprint, which had invested in the standard and, instead, had to invest in LTE networks, which QCOM helped keep in place.

The Future of the Case

The emergency of iPhone 7 required Apple to split production between both QCOM and Intel due to the type of modems used for the device, thus QCOM (in response to the lawsuit) may argue that some competitive conditions have already been restored to the market in this particular case. In addition, the strength of the lawsuit may hinge on who sits on the FTC in the future, as the agency could be Republican-led in a short amount of time.

Other Repercussions

QCOM already faces significant fines from China, South Korea, Europe, and Taiwan, all of which have fined the company billions (combined) in overseas fines, forcing it to lower its licensing fees and currently investigating the company for anticompetitive practices.

This could also have an impact on the Smartphone market itself, as QCOM’s 3G/4G licensing fees can add up to five percent of the device’s entire wholesale price, potentially placing pressure on the company’s earnings and affecting investors as well.

Commercial Litigators Serving Florida

If you have been the victim in an antitrust legal dispute, or other areas of commercial litigation (such as banking, business, cybercrime, franchise law, etc.), contact Lavalle Brown & Ronan today. Our attorneys are well-versed in this complex area of the law, serving clients in Boca Raton and surrounding areas for more than 130 years combined. Let our experienced attorneys provide you with a free consultation today.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.


Richard Bagdasarian Attorney


Resources:

finance.yahoo.com/news/qualcomms-paul-jacobs-says-ftc-rushed-suit-before-trump-174753295.html

host.madison.com/business/investment/markets-and-stocks/qualcomm-faces-a-nasty-new-lawsuit-regarding-apple/article_6ef339b3-5ded-542d-8ab6-bcf8b62ca8ea.html

ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws


from Richard Bagdasarian’s Blog https://richardbagdasarian.wordpress.com/2017/03/09/richard-bagdasarian-attorney-antitrust-lawsuit-filed-against-cell-phone-chip-supplier/
Source: http://richardbagdasarian.tumblr.com/post/158199673723

Richard Bagdasarian Attorney – The Future for Medical Malpractice Claims

The Future for Medical Malpractice Claims

medmal5-200x200

 

For many Americans, the right to hold a doctor or other medical professional accountable for any mistakes that cause harm is a fundamental right to justice. When private parties to limit that right, there is typically uproar and reactive forces which seek to restore those rights once again.

However, what might surprise many is that the ability to hold those accountable for medical errors and negligence may be diminished this coming year by elected officials; specifically, in whether (and how) they choose to repeal the Affordable Care Act. This is especially disconcerting given that, to date, medical errors are the third leading cause of death in America.

Current Plans for a New Federal Law

Every announced plan to repeal the current federal law involves some kind of repeal of patients’ rights under both state and local laws. For example, if a doctor, hospital, or other medical care professional negligently harms a patient, all currently proposed versions of the new federal bill would preempt any and all state laws that currently provide citizens with the right to sue for this negligence. For example, while one version would allow the federal government to formulate a strict set of guidelines on patient treatment, yet another version would simply leave any incidents involving negligence up to a tribunal or panel made up of medical industry professionals.

Another proposed change would affect how much compensation individuals and families could receive when someone is harmed by a medical professional; these are known as “caps” (or hard limits) on compensation. States like Louisiana already have these caps in place, making it difficult for families to properly address medical errors, especially those that lead to lifelong injuries or disabilities for themselves and their loved ones.

Perhaps most importantly, efforts like these also don’t appear to offer much payoff to anyone: According to various studies and experts, limiting patients’ legal rights only ends up increasing healthcare costs–so why limit them?

The Right to a Civil Jury Trial

These current proposals also carry with them some concerning implications, as the 7thAmendment of the U.S. Constitutional guarantees a citizen’s right to a civil jury trial. Congress really has no jurisdiction to regulate local civil justice rules, which are the purview of the courts.

Florida Medical Malpractice Attorneys

The experienced medical malpractice attorneys at Lavalle Brown & Ronan have been assisting victims of medical negligence and error in Boca Raton and surrounding areas for years. These types of claims can be complicated, especially when it comes to the medical expertise involved. You want to ensure that any medical malpractice lawyer you consult with is experienced, reliable, and trustworthy. We provide all of these qualities in our legal work. We provide free consultations in an effort to provide guidance so that you feel less helpless in the face of your injury. If you have questions about medical malpractice, sit down with us for free today.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.


Richard Bagdasarian Attorney


Resources:

huffingtonpost.com/entry/medical-malpractice-and-the-mind-blowing-hypocrisy_us_5873f125e4b0eb9e49bfbe48

nola.com/health/index.ssf/2015/02/five_things_to_know_about_medi.html

centerjd.org/content/americans-insurance-reform-issues-two-new-studies-medical-malpractice-insurance

washingtonpost.com/news/to-your-health/wp/2016/12/30/top-republicans-say-theres-a-medical-malpractice-crisis-experts-say-there-isnt/?utm_term=.b0c8f0d255cc


from Richard Bagdasarian’s Blog https://richardbagdasarian.wordpress.com/2017/03/06/richard-bagdasarian-attorney-the-future-for-medical-malpractice-claims/
Source: http://richardbagdasarian.tumblr.com/post/158073116048

Richard Bagdasarian Attorney – The Future for Medical Malpractice Claims

The Future for Medical Malpractice Claims

medmal5-200x200

 

For many Americans, the right to hold a doctor or other medical professional accountable for any mistakes that cause harm is a fundamental right to justice. When private parties to limit that right, there is typically uproar and reactive forces which seek to restore those rights once again.

However, what might surprise many is that the ability to hold those accountable for medical errors and negligence may be diminished this coming year by elected officials; specifically, in whether (and how) they choose to repeal the Affordable Care Act. This is especially disconcerting given that, to date, medical errors are the third leading cause of death in America.

Current Plans for a New Federal Law

Every announced plan to repeal the current federal law involves some kind of repeal of patients’ rights under both state and local laws. For example, if a doctor, hospital, or other medical care professional negligently harms a patient, all currently proposed versions of the new federal bill would preempt any and all state laws that currently provide citizens with the right to sue for this negligence. For example, while one version would allow the federal government to formulate a strict set of guidelines on patient treatment, yet another version would simply leave any incidents involving negligence up to a tribunal or panel made up of medical industry professionals.

Another proposed change would affect how much compensation individuals and families could receive when someone is harmed by a medical professional; these are known as “caps” (or hard limits) on compensation. States like Louisiana already have these caps in place, making it difficult for families to properly address medical errors, especially those that lead to lifelong injuries or disabilities for themselves and their loved ones.

Perhaps most importantly, efforts like these also don’t appear to offer much payoff to anyone: According to various studies and experts, limiting patients’ legal rights only ends up increasing healthcare costs–so why limit them?

The Right to a Civil Jury Trial

These current proposals also carry with them some concerning implications, as the 7thAmendment of the U.S. Constitutional guarantees a citizen’s right to a civil jury trial. Congress really has no jurisdiction to regulate local civil justice rules, which are the purview of the courts.

Florida Medical Malpractice Attorneys

The experienced medical malpractice attorneys at Lavalle Brown & Ronan have been assisting victims of medical negligence and error in Boca Raton and surrounding areas for years. These types of claims can be complicated, especially when it comes to the medical expertise involved. You want to ensure that any medical malpractice lawyer you consult with is experienced, reliable, and trustworthy. We provide all of these qualities in our legal work. We provide free consultations in an effort to provide guidance so that you feel less helpless in the face of your injury. If you have questions about medical malpractice, sit down with us for free today.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.


Richard Bagdasarian Attorney


Resources:

huffingtonpost.com/entry/medical-malpractice-and-the-mind-blowing-hypocrisy_us_5873f125e4b0eb9e49bfbe48

nola.com/health/index.ssf/2015/02/five_things_to_know_about_medi.html

centerjd.org/content/americans-insurance-reform-issues-two-new-studies-medical-malpractice-insurance

washingtonpost.com/news/to-your-health/wp/2016/12/30/top-republicans-say-theres-a-medical-malpractice-crisis-experts-say-there-isnt/?utm_term=.b0c8f0d255cc


from Richard Bagdasarian’s Blog https://richardbagdasarian.wordpress.com/2017/03/06/richard-bagdasarian-attorney-the-future-for-medical-malpractice-claims/
Source: http://richardbagdasarian.tumblr.com/post/158073116048

Richard Bagdasarian Attorney – Housing That Is Dangerous and Unfair To Consumers

Housing That Is Dangerous and Unfair To Consumers

litigation2-200x200

Recently, the New York Times reported on an issue that is hurting residents all over the country, not only in terms of injury and harm, but also in terms of civil rights, contracts, and consumer protection. The article details the many moldy, decrepit, and unfit homes that have been and continue to be turned into “rent-to-own” properties, leading many families to be exposed to dangerous levels of lead and other human habitation issues.

It is especially frightening to note that the hazardous nature of these premises doesn’t just involve speculation from environmental and human health interests at this point, but rather, health officials and doctors, who have warned that the homes are definitively linked to increased lead poisoning in children.

Unfair, Dangerous Scams

These deals are known as installment contracts. They essentially require residents to enter into a long-term, high-interest installment contract, whereby the resident has to make a nonrefundable payment upfront, deal with any and all repairs necessary for habitation of the premises, and then make monthly payments to investors.

Sold as a way for residents to eventually own their own home, they are disproportionately pitched to poor minority communities, and turn into hazardous money pits, which residents then have no choice but to abandon, allowing the investors to start the process all over again with new residents. But how is this legal?

Litigation

In fact, these installment contracts exist in what many would call a “legal gray area” that appears to circumvent consumer protection laws and regulations. Landlords, of course, have to keep properties habitable, and renters are entitled to receive their deposits back when they leave—so where does that leave the owners and investors in these circumstances? And shouldn’t these companies be required to ensure that dangerous lead conditions have been eliminated from these homes before they are placed on the market?

One such company—Vision Property Management—has already been both sued and fined for lead contamination. The company’s response has been that this is all legal because of what they included in its contracts; namely that all repairs and work that needed to be done in order to make the properties habitable had to be done by the residents themselves.

But does this clear them of any wrongdoing? What about contracts that are in violation of public policy and/or may contradict other legal requirements, such as federal rules and regulations that apply to lead-based paint?

In fact, this has become such a problem that the Consumer Financial Protection Bureau has sent formal requests for information from some of these companies, and is now both investigating and suing some of them for failing to provide information related to deception and predation in contracts for deed, as well as for potential abuse.

Attorneys Protecting Consumers

When it comes to complex legal issues like these, which involve a variety of violations and legal claims including personal injury, civil actions, consumer fraud, contract issues, etc., you want to ensure that, if you feel that you’ve been harmed by such a transaction, you consult an attorney who is experienced in both personal injury and commercial litigation.

At Lavalle Brown & Ronan, we practice in both of these areas, and aggressively fight for our clients’ rights. We serve clients in Boca Raton and surrounding areas of Florida—contact us today for a free consultation.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.


Richard Bagdasarian Attorney


Resources:

nytimes.com/2017/01/02/opinion/housing-that-ruins-your-finances-and-your-health.html?mabReward=A6&recp=5&action=click&pgtype=Homepage&region=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine&_r=0

nytimes.com/2016/12/26/business/dealbook/seller-financed-home-sales-poor-people-lead-paint.html?_r=0


from Richard Bagdasarian’s Blog https://richardbagdasarian.wordpress.com/2017/03/01/richard-bagdasarian-attorney-housing-that-is-dangerous-and-unfair-to-consumers/
Source: http://richardbagdasarian.tumblr.com/post/157870889643

Richard Bagdasarian Attorney – Housing That Is Dangerous and Unfair To Consumers

Housing That Is Dangerous and Unfair To Consumers

litigation2-200x200

Recently, the New York Times reported on an issue that is hurting residents all over the country, not only in terms of injury and harm, but also in terms of civil rights, contracts, and consumer protection. The article details the many moldy, decrepit, and unfit homes that have been and continue to be turned into “rent-to-own” properties, leading many families to be exposed to dangerous levels of lead and other human habitation issues.

It is especially frightening to note that the hazardous nature of these premises doesn’t just involve speculation from environmental and human health interests at this point, but rather, health officials and doctors, who have warned that the homes are definitively linked to increased lead poisoning in children.

Unfair, Dangerous Scams

These deals are known as installment contracts. They essentially require residents to enter into a long-term, high-interest installment contract, whereby the resident has to make a nonrefundable payment upfront, deal with any and all repairs necessary for habitation of the premises, and then make monthly payments to investors.

Sold as a way for residents to eventually own their own home, they are disproportionately pitched to poor minority communities, and turn into hazardous money pits, which residents then have no choice but to abandon, allowing the investors to start the process all over again with new residents. But how is this legal?

Litigation

In fact, these installment contracts exist in what many would call a “legal gray area” that appears to circumvent consumer protection laws and regulations. Landlords, of course, have to keep properties habitable, and renters are entitled to receive their deposits back when they leave—so where does that leave the owners and investors in these circumstances? And shouldn’t these companies be required to ensure that dangerous lead conditions have been eliminated from these homes before they are placed on the market?

One such company—Vision Property Management—has already been both sued and fined for lead contamination. The company’s response has been that this is all legal because of what they included in its contracts; namely that all repairs and work that needed to be done in order to make the properties habitable had to be done by the residents themselves.

But does this clear them of any wrongdoing? What about contracts that are in violation of public policy and/or may contradict other legal requirements, such as federal rules and regulations that apply to lead-based paint?

In fact, this has become such a problem that the Consumer Financial Protection Bureau has sent formal requests for information from some of these companies, and is now both investigating and suing some of them for failing to provide information related to deception and predation in contracts for deed, as well as for potential abuse.

Attorneys Protecting Consumers

When it comes to complex legal issues like these, which involve a variety of violations and legal claims including personal injury, civil actions, consumer fraud, contract issues, etc., you want to ensure that, if you feel that you’ve been harmed by such a transaction, you consult an attorney who is experienced in both personal injury and commercial litigation.

At Lavalle Brown & Ronan, we practice in both of these areas, and aggressively fight for our clients’ rights. We serve clients in Boca Raton and surrounding areas of Florida—contact us today for a free consultation.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.


Richard Bagdasarian Attorney


Resources:

nytimes.com/2017/01/02/opinion/housing-that-ruins-your-finances-and-your-health.html?mabReward=A6&recp=5&action=click&pgtype=Homepage&region=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine&_r=0

nytimes.com/2016/12/26/business/dealbook/seller-financed-home-sales-poor-people-lead-paint.html?_r=0


from Richard Bagdasarian’s Blog https://richardbagdasarian.wordpress.com/2017/03/01/richard-bagdasarian-attorney-housing-that-is-dangerous-and-unfair-to-consumers/
Source: http://richardbagdasarian.tumblr.com/post/157870889643

Richard Bagdasarian Attorney – Jury Awards $2.85 Million in Broward County Medical Malpractice Case

Jury Awards $2.85 Million in Broward County Medical Malpractice Case

medlaws-200x200

On February 6th, a jury found a Broward County doctor liable for $2.4 million in damages for failing to properly treat a 72-year-old retired police officer—Jerry Pettigrossi—who was suffering from an autoimmune disorder and ended up dying as the result of the medical care he received.

Allegedly, Pettigrossi was placed on the regular medical floor when he should have instead been in telemetry in order to be properly monitored. As time passed, the weakness he originally had been experiencing in his legs progressed to his extremities, and he began to lose feeling in his arms and hands. Three days later, in spite of being notified that Pettigrossi’s heart rate and blood pressure had spiked, the doctor still failed to examine Pettigrossi, and he died the next day after suffering from a progressing paralysis.

But For a Medical Mistake, the Patient Would Have Lived

As with all medical malpractice cases, Pettigrossi’s family argued that his death was preventable; in other words, he would not have died but for the substandard care he received at the hospital. Specifically, experts testified that Pettigrossi exhibited classic symptoms of Guillain-Barre syndrome, which causes the immune system to attack the nerves. Had he been properly monitored, the proper medication could have prevented progression of paralysis to his lungs and heart.

While in most medical malpractice cases, the doctor and/or hospital being accused of medical negligence usually argues that they did, in fact, provide the proper standard of care, in this particular case, the defense argued that, instead, the mistakes were made by the nurse for allegedly failing to follow the doctor’s order for a stat cardiac consult and call in a neurologist as well in addition to the attending doctor. The defense also argued that the typical standard of care did not require the doctor to recognize the symptoms of Guillain-Barre syndrome; specifically, that he did not “have the time or wherewithal to go back to the books and learn about everything that’s presenting in a patient.”

The jury ultimately sided with Pettigrossi’s family, assigning 85 percent of the liability for his death to the doctor and 15 percent to the nurse. The total damages awarded came to $2.85 million, with $2.42 of it being attributed to the doctor, specifically.

Florida Medical Malpractice Attorneys

If a doctor and/or hospital fail to follow standard protocol in recognizing and treated a patient’s medical needs, the patient and/or their family may be able to hold them liable by filing a medical malpractice claim after a pre-suit investigation is completed.

At the law offices of Lavalle Brown & Ronan, our Boca Raton medical malpractice attorneys have extensive experience assisting individuals and families in Florida who have suffered due to medical negligence. We strive to obtain the full compensation you deserve to make you whole again; contact us today for a free consultation.


Richard Bagdasarian Attorney


Resource:

dailybusinessreview.com/id=1202778509947/Jury-Awards-24M-in-Broward-Medical-Malpractice-Case?mcode=1202615481257&curindex=1&curpage=ALL


from Richard Bagdasarian’s Blog https://richardbagdasarian.wordpress.com/2017/02/23/richard-bagdasarian-attorney-jury-awards-2-85-million-in-broward-county-medical-malpractice-case/
Source: http://richardbagdasarian.tumblr.com/post/157614728448

Richard Bagdasarian Attorney – Jury Awards $2.85 Million in Broward County Medical Malpractice Case

Jury Awards $2.85 Million in Broward County Medical Malpractice Case

medlaws-200x200

On February 6th, a jury found a Broward County doctor liable for $2.4 million in damages for failing to properly treat a 72-year-old retired police officer—Jerry Pettigrossi—who was suffering from an autoimmune disorder and ended up dying as the result of the medical care he received.

Allegedly, Pettigrossi was placed on the regular medical floor when he should have instead been in telemetry in order to be properly monitored. As time passed, the weakness he originally had been experiencing in his legs progressed to his extremities, and he began to lose feeling in his arms and hands. Three days later, in spite of being notified that Pettigrossi’s heart rate and blood pressure had spiked, the doctor still failed to examine Pettigrossi, and he died the next day after suffering from a progressing paralysis.

But For a Medical Mistake, the Patient Would Have Lived

As with all medical malpractice cases, Pettigrossi’s family argued that his death was preventable; in other words, he would not have died but for the substandard care he received at the hospital. Specifically, experts testified that Pettigrossi exhibited classic symptoms of Guillain-Barre syndrome, which causes the immune system to attack the nerves. Had he been properly monitored, the proper medication could have prevented progression of paralysis to his lungs and heart.

While in most medical malpractice cases, the doctor and/or hospital being accused of medical negligence usually argues that they did, in fact, provide the proper standard of care, in this particular case, the defense argued that, instead, the mistakes were made by the nurse for allegedly failing to follow the doctor’s order for a stat cardiac consult and call in a neurologist as well in addition to the attending doctor. The defense also argued that the typical standard of care did not require the doctor to recognize the symptoms of Guillain-Barre syndrome; specifically, that he did not “have the time or wherewithal to go back to the books and learn about everything that’s presenting in a patient.”

The jury ultimately sided with Pettigrossi’s family, assigning 85 percent of the liability for his death to the doctor and 15 percent to the nurse. The total damages awarded came to $2.85 million, with $2.42 of it being attributed to the doctor, specifically.

Florida Medical Malpractice Attorneys

If a doctor and/or hospital fail to follow standard protocol in recognizing and treated a patient’s medical needs, the patient and/or their family may be able to hold them liable by filing a medical malpractice claim after a pre-suit investigation is completed.

At the law offices of Lavalle Brown & Ronan, our Boca Raton medical malpractice attorneys have extensive experience assisting individuals and families in Florida who have suffered due to medical negligence. We strive to obtain the full compensation you deserve to make you whole again; contact us today for a free consultation.


Richard Bagdasarian Attorney


Resource:

dailybusinessreview.com/id=1202778509947/Jury-Awards-24M-in-Broward-Medical-Malpractice-Case?mcode=1202615481257&curindex=1&curpage=ALL


from Richard Bagdasarian’s Blog https://richardbagdasarian.wordpress.com/2017/02/23/richard-bagdasarian-attorney-jury-awards-2-85-million-in-broward-county-medical-malpractice-case/
Source: http://richardbagdasarian.tumblr.com/post/157614728448

Richard Bagdasarian Attorney – Lawsuits Will Be Critical in Protecting People’s Rights over Next Four Years

Lawsuits Will Be Critical in Protecting People’s Rights over Next Four Years

lawsuit3-200x200

As the U.S. prepares to welcome in a new administration, advocacy groups are predicting that litigation will be key in protecting citizens’ civil rights under state and federal commercial laws, including consumer protection and employment laws.

Because it is anticipated that there will be fewer opportunities to collaborate with the administration before certain laws and regulations are put in place, some advocacy organizations have said that the courts will, specifically, serve as “an important bulwark.” This will be especially important in upholding constitutional rights.

Potential Threats

Specifically, constitutional law scholars are concerned about the following being eviscerated:

  • First Amendment Rights: The First Amendment protects the rights of free speech and press, including the rights of journalists to be able to report candidly;
  • Equal Protection of the Laws: S. citizens have the right to be treated equally, regardless of their religious upbringing, affiliation, beliefs, race, gender, etc.;
  • Separation of Powers: It is crucial that the judicial branch remain independent as part of our system of separated checks and balances; and
  • Voting Rights & Civil Rights: It is critical that the voting rights of all Americans are protected.

Recent Civil Rights Case

Commonwealth v. Warren, a recent case taken up by the Massachusetts Supreme Court, examined whether police had reasonable suspicion to stop an African-American man simply because he ran away from officers. It had already been established by the courts that evasive conduct in the absence of any other information tending toward an individualized suspicion that a defendant is involved in a crime is insufficient to support reasonable suspicion. Specifically, the law guards a person’s freedom to speak or not to speak to a police officer. It is also within someone’s right to simply wall away and avoid contact with police. In other words; there is a fine line between consensual and obligatory police encounters.

The court concluded that because African-American men are disproportionately and repeatedly subject to police stops, more is needed to establish reasonable suspicion than the officers had in this particular case, especially given that African-Americans often have reasons to flee and these reasons may be “unrelated to the consciousness of guilt.” A report recently compiled concerning the incidence of African-American men in the city likely being targeted for police-civilian encounters such as stops, frisks, searches, interrogations, etc. played a large part in the decision.

These are the types of cases that we are likely to see come up in court over the next four years.

Civil Litigators Handling both Private and Public Legal Issues

The attorneys at Lavalle, Brown & Ronan, P.A. have a combined 130 years of experience working in civil and commercial law in the Boca Raton area. If you have been involved in a dispute, or suffered from a personal injury, including a violation of your civil rights, contact us today at 561-395-0000 or online to receive a free legal consultation. We are here to serve the citizens of Boca Raton and surrounding communities.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.


Richard Bagdasarian Attorney


Resource:

theguardian.com/us-news/2016/dec/23/civil-rights-trump-era-courts-lawsuit-ziglar-vs-abbasi-aclu


from Richard Bagdasarian’s Blog https://richardbagdasarian.wordpress.com/2017/02/20/richard-bagdasarian-attorney-lawsuits-will-be-critical-in-protecting-peoples-rights-over-next-four-years/
Source: http://richardbagdasarian.tumblr.com/post/157487963838

Richard Bagdasarian Attorney – Lawsuits Will Be Critical in Protecting People’s Rights over Next Four Years

Lawsuits Will Be Critical in Protecting People’s Rights over Next Four Years

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As the U.S. prepares to welcome in a new administration, advocacy groups are predicting that litigation will be key in protecting citizens’ civil rights under state and federal commercial laws, including consumer protection and employment laws.

Because it is anticipated that there will be fewer opportunities to collaborate with the administration before certain laws and regulations are put in place, some advocacy organizations have said that the courts will, specifically, serve as “an important bulwark.” This will be especially important in upholding constitutional rights.

Potential Threats

Specifically, constitutional law scholars are concerned about the following being eviscerated:

  • First Amendment Rights: The First Amendment protects the rights of free speech and press, including the rights of journalists to be able to report candidly;
  • Equal Protection of the Laws: S. citizens have the right to be treated equally, regardless of their religious upbringing, affiliation, beliefs, race, gender, etc.;
  • Separation of Powers: It is crucial that the judicial branch remain independent as part of our system of separated checks and balances; and
  • Voting Rights & Civil Rights: It is critical that the voting rights of all Americans are protected.

Recent Civil Rights Case

Commonwealth v. Warren, a recent case taken up by the Massachusetts Supreme Court, examined whether police had reasonable suspicion to stop an African-American man simply because he ran away from officers. It had already been established by the courts that evasive conduct in the absence of any other information tending toward an individualized suspicion that a defendant is involved in a crime is insufficient to support reasonable suspicion. Specifically, the law guards a person’s freedom to speak or not to speak to a police officer. It is also within someone’s right to simply wall away and avoid contact with police. In other words; there is a fine line between consensual and obligatory police encounters.

The court concluded that because African-American men are disproportionately and repeatedly subject to police stops, more is needed to establish reasonable suspicion than the officers had in this particular case, especially given that African-Americans often have reasons to flee and these reasons may be “unrelated to the consciousness of guilt.” A report recently compiled concerning the incidence of African-American men in the city likely being targeted for police-civilian encounters such as stops, frisks, searches, interrogations, etc. played a large part in the decision.

These are the types of cases that we are likely to see come up in court over the next four years.

Civil Litigators Handling both Private and Public Legal Issues

The attorneys at Lavalle, Brown & Ronan, P.A. have a combined 130 years of experience working in civil and commercial law in the Boca Raton area. If you have been involved in a dispute, or suffered from a personal injury, including a violation of your civil rights, contact us today at 561-395-0000 or online to receive a free legal consultation. We are here to serve the citizens of Boca Raton and surrounding communities.

For more information and in depth analysis, please contact Attorney Ken Ronan at   kronan@bocalaw.com and Case Manager Richard Bagdasarian at rbagdasarian@bocalaw.com.


Richard Bagdasarian Attorney


Resource:

theguardian.com/us-news/2016/dec/23/civil-rights-trump-era-courts-lawsuit-ziglar-vs-abbasi-aclu


from Richard Bagdasarian’s Blog https://richardbagdasarian.wordpress.com/2017/02/20/richard-bagdasarian-attorney-lawsuits-will-be-critical-in-protecting-peoples-rights-over-next-four-years/
Source: http://richardbagdasarian.tumblr.com/post/157487963838