Louisiana Personal Injury Lawyer Blog
It can be puzzling — if not outright humorous — to observe the warnings in many pharmaceutical advertisements about how a drug’s side effects can be so severe that the potential harms outweigh the possible benefits. What’s not at all funny is when one of those side effects causes a patient actual harm.
Cory Jenkins began taking the FDA-approved drug Abilify in October, 2010 as part of ongoing treatment of his condition. One known side effect of Abilify is tardive dyskinesia, a serious neurological disorder that causes muscle twitching. Jenkins began showing symptoms of dyskinesia in late 2012 and early 2013. He visited the Ochsner Medical Center in New Orleans and was instructed to stop taking Abilify. Shortly thereafter the twitching ceased. By August of 2013, the symptoms returned, even though Jenkins was no longer taking Abilify. In October, 2013 Jenkins sought care from several neurologists, including one who officially diagnosed him with dyskinesia. In October, 2014 Jenkins filed a lawsuit for damages against Bristol-Myers Squibb Company and Otsuka American Pharmaceutical Inc., the makers of Abilify.
In the U.S. District Court for the Eastern District of Louisiana (“District Court”), Jenkins asserted two claims under the Louisiana Products Liability Act (LPLA). The District Court held that both claims had prescribed — meaning Jenkins did not file within the time required to commence an action — and granted the defendants’ motions for summary judgment. Claims brought under LPLA have a one-year prescriptive period; the period begins from the day the injury occurs or when damage is sustained. La. C.C. art. 3492. Damages are said to be “sustained” when they have revealed themselves with enough certainty to support the existence of a cause of action. In Louisiana, the start of the prescriptive period does not depend on a physician’s diagnosis. Instead, what controls is the date the injury occurred. Jenkins argued that there was a factual dispute over whether he had developed dyskinesia in April, and that it was not certain until his diagnosis in August. But because Jenkins admitted in his pleadings that his symptoms began in April, 2013, the District Court held that the prescriptive period for his claims against the defendants began running in April, 2013.
How much of an award or compensation could a parent expect when a school board is found liable for inflicting trauma on a child? A trauma to a child would have a profound effect on the parent as well as the child. Is it not reasonable to expect the school board to pay for the emotional damages the parent suffered? Unfortunately for a Baton Rouge mother, her failure to include in her written pleadings a claim for general damages resulted in a finding of no damages despite trial testimony supporting her emotional distress. A superior lawyer always includes all possible claims in written pleadings to avoid this unfortunate outcome. 
We all try our best to avoid trouble, but sometimes fights happen. It may be best to avoid a brawl if you see one occurring. However, when you see your friend in a bind, human nature kicks in, and before you know it, you’re in an altercation that you never signed up for. If you are injured in a fight, proceed carefully when suing the party that caused your injuries. Ryan Martinez learned this lesson the hard way following the Louisiana First Circuit Court of Appeal ruling in the following case.
What happens when a motorist is injured in an automobile accident while operating a vehicle owned by an employer? While Louisiana law often permits named insured employees to receive reciprocal coverage under an employer’s insurer, insurance law is a complex and, at times, unclear field, especially in relation to uninsured/underinsured motorist coverage. In the case of Chris Loudermilk of New Roads, Louisiana, the Louisiana First Circuit Court of Appeal felt that Loudermilk was not permitted to recover under the language of his employer’s insurance policy.
When there’s no other option, bankruptcy is an effective tool to shield you from your creditors. But often, those filing bankruptcy do not consider how intrusive a bankruptcy can be. After filing bankruptcy, your remaining assets are put under a microscope by the bankruptcy trustee. Every transaction you make while in bankruptcy, and 90 or more days beforehand, are scrutinized, questioned, and may even be reversed. 
In the wake of Hurricane Ida, there will be hundreds of thousands of insurance claims. Insurance companies will be overrun, but that’s no excuse for those companies to fail to pay your claims timely. Unfortunately, that’s not always how claims are handled.
In a civil case, you do not have the classic “speedy trial” right. Instead, courts will seek expediency by granting summary judgments when appropriate. The purpose of summary judgment is to avoid frivolous and unnecessary trials, or at a minimum, to simply reduce trial time by dispensing of some claims. A motion for summary judgment may be granted upon a finding that there is “no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law.” 
The equivalence of “dotting the i’s and crossing the t’s” in the law is making sure to comply with court procedural rules. One such basic civil court procedure rule is proper service. Proper service is critical in establishing that a court has legal jurisdiction over a defendant. The defendant has a right to know that they are being sued, and they have the right to be present at any hearing or to appear through an attorney. Without proper service, a court may dismiss a lawsuit. One can have a valid and strong claim for a lawsuit, but without proper compliance with court rules, the case may never even be heard. The importance of following procedure is highlighted in this Workers’ Compensation case heard in the Louisiana Fourth Circuit Court of Appeals.