Welcome to the Nager, Romaine & Schneiberg, Co. blog! We look forward to sharing our knowledge with you in our upcoming posts. We are an state wide law practice with officesin Cleveland, OH, Ashtabula, Ohio and Columbus, Ohio. We have a staff of more than 25 paralegals and legal assistants and 12 full time attorneys who focus on the following legal concerns:
We believe that an informed client is an empowered client, so on this blog we will bring you the latest information on popular topics. These will include personal injury, workers’ comp, car accidents, medical malpractice, insurance coverage, mass tort/class actions, nursing home neglect and abuse, and other trending topics.
Most issues in a workers' compensation claim are decided at the Industrial Commission of Ohio in front of a single hearing officer. These hearings are informal and brief. However, many issues in a workers' compensation case can be appealed into the County Courts of Common Pleas and be set for trial in front of a jury.
Whenever a condition is at issue administratively (and administrative appeals have been exhausted), it can be appealed to court. Then, instead of a hearing officer making the decision on whether to allow or disallow a condition, a jury makes the decision. The jury answers a yes or no question regarding the right to participate in the workers' compensation system for that condition.
The court litigation process starts by the filing of a Notice of Appeal and Petition/Complaint on Appeal. Sometimes, a person’s condition is granted administratively and their employer files it into court by filing the Notice of Appeal. Regardless of who starts the court process, the claimant has to prove their case all over again. After the court case starts, the discovery process begins. The discovery process typically entails the answering of written questions known as “interrogatories” and providing documents in a “request for production of documents”. After written discovery is complete, depositions typically take place. A deposition is when a person is sworn under oath and answers questions while a court reporter is typing everything down.
After discovery, the parties typically explore settlement. The majority of workers’ compensation cases in court settle prior to ever going to Trial. Most courts require parties to pursue settlement. In the event the case does not settle, then other options may be reviewed. The other options include going to trial or delaying the case for one year. It is not always economically feasible to appeal every issue into the Courts of Common Pleas, but the lawyers at Nager, Romaine & Schneiberg aggressively pursue this right for their clients - something that cannot be said of MANY local workers' compensation attorneys.
A new study published in the Journal of the American Medical Association (JAMA) confirms risks and fears previously published by the FDA that the use of laparoscopic power morcellator (LPM) medical devices during hysterectomies and fibroid removal can cause the spread of benign and malignant tissue throughout the body and result in the growth and spread of cancers. (Click here to read the FDA Executive Summary on Laparoscopic PowerMorcellation during Uterine Surgery for Fibroids)
LPM devices are used to break up the tissue of the uterus during hysterectomies and fibroid removal. The problem, as cited by the FDA and confirmed in the JAMA study, is that even though patients are screened for cancer prior to the procedure, cancers such as sarcoma and endometrial cancer have a probability of being missed during the pre-procedure screening. Thus, when cancer goes undetected and a LPM device is used it is essentially cutting into cancer cells and spreading those cancer cells throughout intraperitoneal cavity (an area inside the abdomen shared by digestive organs, reproductive organs and supplied with a rich blood supply). This greatly increases the risk to patients of spreading cancer throughout the body. In the April 11, 2014 edition of the Wall Street Journal a compelling article was published which addressed the recent discovery about the danger of LPMs which have been in use since 1990. (Click here to read the full article)
If you’ve had a hysterectomy or fibroid removal and a LMP device was used during the procedure and you subsequently developed cancer or other injuries from the procedure, you may have a claim. Please contact the mass tort attorneys at NRS Injury Law by filling out our contact form or call us toll free at (855)GOT-HURT (or 855-468-4878) to speak with our experienced staff to discuss your circumstances.