In the movies and on TV, a wrongful death is usually resolved inside of an hour. This isn’t the case in real life.

Movies and TV shows don’t usually take the time to explain to their viewers that there is a difference between a civil lawsuit and a criminal action. A wrongful death claim is a civil lawsuit, and is not resolved in criminal courts. Another point of interest here is that even if someone has been found innocent in a criminal case, they may still be sued in a wrongful death suit. The most well-known example of this is the O.J. Simpson debacle.

Put another way, non-criminal cases are tried in civil court and the types of cases may run the gamut from product liability claims to the question of whether Tasers (used by police to subdue suspects) cause wrongful deaths. They are not easy cases to try, nor are they easy cases for the jury to deliberate, as nothing is ever black and white when it comes to situations like this. Typically speaking then, a jury is asked to figure out if a wrong did occur and if it did, who carried what percentage of the responsibility for that wrong. In other words, this is referred to as apportionment of fault.

Let’s take a look at an example, and use a highly controversial and “hot” topic relating to cases currently being litigated dealing with suspects killed as the result of the police using a Taser. Tasers zap a current into a person and while it is supposed to temporarily incapacitate them, it may kill them instead. This shouldn’t come as a great surprise given the voltage being used, which is 50,000 volts. This is hardly an insignificant amount of current.

If you read the papers lately, you’ll note that Taser deaths are on the increase. Nevertheless, these instruments are very popular with the law enforcement community. When a wrongful death case involving a Taser fatality goes to court, it is up to the jury to try and decide if a wrongful death did occur, then who is responsible. The company who makes this instrument, Taser International, vehemently states it does not produce enough zing to kill. The police insist the risk in situations involving the use of a Taser is up to the suspect. In other words, by acting up and acting out, they may invite Taser use.

Juries have found in a variety of ways on a case-by-case basis and generally speaking, the company isn’t found to be at fault. The usual outcome has been that juries will apportion responsibility between the police and the dead suspect. This means an award of a total damage figure and then the reduction of the award by the percentage applicable. For instance: the finding may be 60% responsibility to the police and 40% to the deceased. After apportionment, the city would pay 40% of damages awarded.

Despite the fact that Taser International has so far gotten off scot-free, one case did catch up with them where they were found to be 15% at fault in a 6 million verdict. If you do the math, that should mean they’d be liable to pay about $900,000. Whether or not they actually will pay that amount is questionable once the apportionment figures are understood. Chances are the amount will be smaller, but the headlines look much better when they read six million dollar verdict returned.

If you think you have a wrongful death case, you need to speak to a seasoned lawyer who will assess your case and then advise you on what needs to be done. Not every death is a wrongful death, and your attorney will explain that to you.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more, visit Christophermellino.com.

While they have saved lives, inferior vena cava filters have resulted in deadly consequences for patients. If the inferior vena cava filter is defective, you may have grounds for a product liability lawsuit.

Without getting too technical, an inferior vena cava filter is a medical device. Typically speaking, it may be placed in a patient’s body to prevent pulmonary embolus. Placing an inferior vena cava filter is usually done when blood clots have been discovered in a person’s veins. This isn’t great news because clots have the potential to break free and lodge in the lungs and may result in the death of the patient if action isn’t taken fast enough.

In most cases the inferior vena cava filter is placed in the inferior vena cava; the large blood vessel in a person’s abdomen responsible for carrying blood to the lungs. Once in place, its job is to catch clots that break free and keep them from getting into the lungs.

Surgically speaking, this filter is put into place using a procedure that involves a needle inserted into the patient’s groin or neck. In most instances, this particular method is viewed as being low risk, however, infection and bleeding may result. The inferior vena cava filters are used specifically for those individuals who are unable to use Warfarin/Coumadin or other anti-clotting agents. If a person does experience a deep vein thrombosis, it generally occurs in veins in the legs or pelvis. However, there is about 2% of the population who may experience deep vein thrombosis in the sub-clavian artery under the shoulder.

Unfortunately it is coming to light that a considerable number of the inferior vena cava filters used for surgery recently have been labeled as defective. It appears that pieces of the metal device break away and migrate to other locations in the body and may strike vital organs. The defective brands most often cited as being defective are G2TM and Recovery TM inferior vena cava filters.

Defective filters have been known to cause sudden chest pain near the area where they have been inserted. Anyone experiencing this should immediately call for medical assistance and demand a CT scan do see if the filter is causing the problem.

Aside from getting help to deal with this horrific event, defective filters cause needless pain; usually result in more surgery to fix the problem; and may result in permanent damage to internal organs. While the surgery may work to solve the problems caused by the rogue piece of metal, there are instances where it is not considered prudent because of the stress caused to the organ(s) during the procedure to remove the metal.

If you have had inferior vena cava filters placed in your body and have experienced pain, extra surgeries, and permanent organ damage, contact a competent medical malpractice attorney and find out what your rights are and whether or not you may have a case. This is a relatively new and untried area of the law and it is vital you speak with a seasoned attorney who will be able to give you advice.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more, visit Christophermellino.com.