Newsroom

Understanding the Vaccine Injury Compensation Program

The National Childhood Vaccine Injury Act of 1986 originally created the National Vaccine Injury Compensation Program (VICP), a no-fault alternative to the traditional tort system. The VICP is administered by the Division of Injury Compensation Programs, Healthcare Systems Bureau of the U.S. Department of Health and Human Services and is venued in the United States Court of Federal Claims in Washington D.C. The VICP is entirely separate from the traditional tort lawsuit claims that one might expect with personal injury. The VICP was created because we recognize as a country that vaccines are good for the common benefit, however, in rare instances some vaccines can cause certain side effects. In order to stabilize vaccine costs and prevent vaccine shortages related to lawsuits from these rare occurrences, the legislature created the Vaccine Injury Compensation Program. This program established a Compensation Trust Fund that is funded by a $.75 tax on each vaccine that is recommended by the CDC. 

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Partner Marc Weingarten Thanked For His Work As A Judge Pro Tempore

Partner Marc Weingarten not only works as a full time attorney at Locks Law Firm but also is a Judge Pro Tempore. Marc’s responsibilities with this title includes being assigned a certain number of cases per month and serves as a settlement master. He meets with counsel together, separately, and confidentially to understand the strengths and weaknesses of their positions. He will then make a report of his impressions which will contain his position and recommendations for the settlement in hearing.

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Things To Consider When Picking A Nursing Home For Your Loved One

When looking for the right nursing home, here are few things to consider:

  • Choose The Nursing Home That Meets Your Needs - The most important part of your search is to find the perfect place for your loved one. Whether that be attentive medical care or the freedom of a shuttle to maintain independence, what your loved one is looking for may be slightly different than what you are looking for. You are going to be visiting a few different locations so keep in mind the needs your searching for when taking things into consideration.
  • Cleanliness - Making sure the facility is clean is crucial. This can also include environmental hazards and trip hazards such as dirty conditions, slippery floors or obvious trip hazards.
  • Staff - Are the Caregivers giving the residents proper attention and are they friendly? You want to make sure the Caregivers aren’t allowing residents to wander off aimlessly unattended.
  • Recreational/Social Activities - Does the home offer any type of group activities for residents to join in on and that your loved one would be interested in. This can vary from social movie nights, religious gatherings, and of course bingo.
  • Room - How spacious is your loved ones room? Is there a TV provided? What is the privacy like for them on a day to day basis? These are definitely things to keep in mind when considering a nursing home.
  • Food - It be good to look into what the meal service is at the facility to see if it’s daily specified timely meals and if food is available anytime. Maybe take a taste for yourself for a quality test.
  • Visitation - Find out what visitation schedule is like. Is it only some days of the week, is it certain hours, or is it open at anytime.
  • Follow Up - Make sure to follow up with your loved one and check their status. See if they seem malnutritioned or have any type of bed sores. If able, check and see their thoughts on their Caregiver and how they are feeling emotionally and physically.

 

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Landmark Case on behalf of deceased Notre Dame football player allowed to proceed

See the link that attaches the recent opinion given by the Ohio Supreme Court that allows the case to move forward on behalf of the deceased Notre Dame football player Steve Schmitz, a running back and kick return specialist. Steve died at age 59, and his autopsy showed CTE and Alzheimer’s Disease. The Locks Law Firm is lead counsel for the Estate of Steve Schmitz and represents his widow Yvette and his two children. We intend to move the case forward to trial.

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There’s more than one way to …

... find personal jurisdiction over an out-of-state corporation. We recently posted a blog about general personal jurisdiction: “Pennsylvania is Consensual Quicksand.” Today is specific personal jurisdiction, in which the suit must arise out of or relate to the defendant’s contacts with the forum.

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EPA Budget Cuts Leave Enforcement to the States and Individuals

I have written in this space before about the devastation being wrought by the Trump Administration on our Nation’s ability to protect the environment and its citizens from the health effects of toxins left behind by corporate polluters.  The Trump Administration cuts in the Federal budget, especially the Environmental Protection Agency’s budget, have rendered the EPA toothless and impotent, and left legal enforcement and the protection of the environment up to the states, and in more and more instances, to individual citizens to enforce the environmental laws that remain on the books.

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Dash Cam Videos will be harder to obtain in New Jersey

What I call dash cam videos are called mobile video recorders (MVRs) in New Jersey. A Tuckerton police officer was chasing a lady in a car. The car headed towards Barnegat Township, where two Barnegat Township police cars joined the chase. The MVRs in the Barnegat Township police cars recorded the chase and the subsequent stop of the fleeing car. The MVRs also caught the actions of a second Tuckerton police officer and his dog during the arrest. The woman was pulled from her car. The police dog was allowed to attack and injure the woman. The Tuckerton officer responsible for the dog was subsequently charged with second degree official misconduct, third degree aggravated assault, and other offenses arising from his use of the dog.

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Partner Al Anthony and Associate James Barry on Environmental Class Actions

The first two years of the Trump administration have proven to be tumultuous, and the area of environmental regulation is no different, as the administration has sought to rollback or overturn over fifty environmental rules over the course of the first eleven months of the administration. This rollback has heightened the need for environmental class actions arising out of toxic exposures to both protect communities from polluters and act as a deterrent, encouraging companies to take adequate measures to avoid polluting their communities.  In considering the current administration’s apparent goal of undermining institutional environmental protections for communities, and in considering the real benefits our environmental class actions have had for communities which otherwise would have been left with no real means of redressing pollution, it is apparent that trial lawyers must step into the void to protect our communities from polluters through the class action device.  

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Asbestos in Crayons? Benzene in Markers? …. Oh My!

Back to School Season is upon us!  Stores are now filled with a plethora of backpacks, school supplies, and clothing.  Parents of school-aged children everywhere are preparing their children for school in hope of them being safe while learning much throughout the year.  Students are enjoying the last few days of summer before they embark upon an exciting new school year.

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Have Fun Dancing, But Please Be Safe

This summer, the KeKe Challenge (also referred to as the “#InMyFeelings Challenge”) has been an entire craze.  It is fun. It is spontaneous. It immediately sparks joviality. Even though there are specific moves to this KeKe dance, the KeKe Challenge has sparked much interest because it still allows an individual to express himself or herself creatively.  Of course, the best we have seen is the KeKe Challenge orchestrated by Will Smith, who had one of the best backgrounds in which he displayed his dance moves.  This Challenge has been a great way for people to express themselves all in a fun, spontaneous manner.  As soon as Drake’s song hits the stereo, one cannot help but begin to move.

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