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Litigation Funding Blog

Lawsuit Settles for $46 Million In Favor of The Parents of Child Crushed by a Dresser

September 15, 2020

The moment children are born they began to explore the world around them. From opening their eyes and looking around to walking and talking they are learning about their physical abilities. Proprioception is how the body is able to sense its location, movements, and actions. Such sensory ability is why people, especially children, can move without consciously thinking about their environments. As children grow and test their physical capabilities, they may reach, pull, and climb on items that can tip-over on top of them.

Furniture tip-overs are often occur when large and heavy furniture becomes unbalanced. According to The U.S. Consumer Product Safety Commission (CPSC) report, Product Instability or Tip-Over Injuries and Fatalities Associated with Televisions, Furniture, and Appliances, the main sources of furniture tip-overs include

  • Chests,
  • Bureaus,
  • Drawers,
  • Bookshelves
  • Television stands,
  • Desks

Injuries and fatalities can occur from furniture tip-overs. Approximately ninety percent of deaths due to furniture falling over occur in the home with fifty percent occurring in a bedroom. Many of the injuries and fatalities occur because the furniture was not secured. Children reportedly have more furniture tip-over injuries and fatalities than adults. About every 43 minutes a child in the United States is a victim of a furniture tip-over.

May 24, 2017, two-year-old Jozef Dudek was put down in his for a nap by his father. When his father returned later to check on him, he was found crushed under a 70-pound IKEA dresser. He later died from injuries to his neck that caused him to suffocate. The parents purchased the dresser in 2008, which was voluntarily recalled by IKEA in 2016. The Dudeks said that they never received notice of the recall. The recall of 29 million chests and drawers came after three children died in the previous two years in dresser tip-over accidents. Other dangers of tipping over included having multiple drawers open at the same time and a child opening drawers and trying to climb on them

His parents filed a lawsuit against IKEA for knowing that their dressers had been associated with many injuries and death caused by tip-overs. The lawsuit also alleged that the IKEA failed to take the adequate measures to improve the safety and stability of the dressers. The lawsuit included additional legal claims such as,

  • failure to warn consumers the dressers should not be used without being anchored to a wall
  • intentionally or recklessly failing to redesign the dresser to address the risk of injury or death
  • failure to warn the public of the risk
  • failure to stop the sale of the specific line of dressers

The lawsuit reached a settlement. IKEA agreed to pay the $46 million to the family of Jozef Dudek. The amount is believed to be the largest for a child wrongful death action.

Under Michigan law, a wrongful death action arises when a death of a person or injuries resulting in death are caused by a wrongful act. Products that are defective because of manufacturing or design can lead to death or injuries resulting in death. A product liability lawsuit deals with death or injury to person or damage to property because of the production of a product. Product production includes manufacturing, construction, design, assembly, inspection, warning, instructions, selling, packaging, and labeling. The manufacture or seller of is liable for harm or death caused by a product defect if the plaintiff proves the product was not reasonable safe at the it left the manufacturer or seller and a safer alternative was available to prevent harm without changing the use or desire of the product.

The plaintiff in a products liability case, may seek economic and noneconomic damages the resulting injury or death. Economic damages are the damages that have dollar amount that can be calculated and verified, such as medical expenses, lost wages, loss of future earnings, burial costs, or loss of employment. The noneconomic damages does not have set amount and are emotional and mental damages from the injury or death. They include pain and suffering, mental anguish, disfigurement, emotional distress, or loss of companionship. Michigan law places a cap on the amount of noneconomic damages the plaintiff may recover in a product liability case. The plaintiff may not receive noneconomic damages in an amount greater than $280,000 unless the defect in the product caused death or permanent loss of a vital bodily function. If so, the total amount of noneconomic damages cannot exceed $500,000. However, if the court determines that at the time the of manufacture or distribution of the dresser, the defendant had actual knowledge the product was defective and substantially likely to causes injury, but intentionally disregarded the knowledge, the limitation of damages does not apply.

When the injured party or the deceased victim’s legal representative files a product liability wrongful death lawsuit, the lawsuit must go through the legal process. The case may settle before going to court or may undergo a lengthy trial. Therefore, the resolution of the lawsuit may take place several weeks to years from the date the lawsuit was filed. However, the medical or burial expenses are due regardless the outcome of the case. An option to cover costs during the lawsuit is litigation funding It is a third-party financing that pays the legal costs associated with the lawsuit and assumes the financial risk of a legal case. The plaintiff usually pays the financing company only if the lawsuit settles or wins a trial. “Although the financing company provides the funding, the client still controls the case,” says Daren Monroe of the Litigation Funding Corporation.

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Doctor Surrenders His Medical License Amidst Lawsuits And Regulatory Complaints of Medical Malpractice for Misdiagnosis of Epilepsy In Children

September 9, 2020

Epilepsy is a chronic neurological disease that affects more than 65 million people worldwide. The main symptom presents as recurring unprovoked seizures which can develop in people at any age. Epileptic seizures are common in young children and the elderly. The causes of epilepsy may be known in some individuals while unknown in others. When the cause is known, treatment for the disease may be more successful. The five areas of epilepsy causes are: genetic; structure; metabolic; immune-related; or infection.

Genetic epilepsy occurs when seizures are from a known or presumed inherited or acquired genetic defect or problem associated with epilepsy. Structural epilepsy is based on a distinct, physical cause in the brain that substantially increases the risk of seizures. Metabolic epilepsy causes may arise because there is disruption in how the body uses the food to make energy and affects the normal function of brain cells. When brain inflammation from protein alters the brain and causes seizures, the epilepsy has an immune causes. Medical proof of a brain infection that leads to seizures results in a diagnosis of infection epilepsy.

A doctor may diagnose a patient with epilepsy if he meets one or more of the following medical conditions:

  1. Has at least two unprovoked or reflex seizure more than 24 hours apart
  2. Has one unprovoked or reflex seizure and at least sixty percent probability of recurrence after two unprovoked seizures over the next 10 years
  3. Has diagnosis of an epilepsy syndrome

After diagnosis, many doctors begin treatment by prescribing anti-seizure medication. The dosage and length of treatment is determined on a case-by-case basis. However, side effects may occurs from taking the medication and range from mild (fatigue, dizziness, weight gain) to severe (depression, suicidal thoughts, inflammation of certain organs). Side effects in very young children taking anti-seizure medication can have significant emotional toll on them.

The Center for Disease Control (CD) reports that nearly 500,000 children in the United States have epilepsy. With such a serious diagnosis, parents believe in the education, training, and experience of their doctors and cooperate with their treatment plans. However, situations may occur when a doctor misdiagnoses a child with having a disease she does not have. Therefore, the treatment and medication prescribed are unnecessary and may have caused negative impacts on throughout the life of the child.

In 2008, several hundred lawsuits were filed against Dr. Yasser Awaad for misdiagnoses of epilepsy in hundreds of children. The former Detroit-based pediatric neurologist was accused of misreading tests results and radiology images and then labeling the patients epileptic. The lawsuits also allege that he misread the test for monetary gain for himself and his employer. The legal complaints state that Awaad forced the children to take medical tests multiple times that even though the children did need them.

At the time the lawsuits were filed, many complainants were adults. In 2019, the cases finally went to trial. The court rendered a verdict in one of the cases for $3 million. A majority of the amount was for suffering, distress, and humiliation. Awaad surrendered his medical license and paid a $5,000 penalty.

Sometimes it take many years for a legal case to go to trial or reach a settlement. While awaiting for a court date or settlement conference, the party bringing the lawsuit may still incur legal costs. He also have personal financial obligations that he pay. To cover the cost of the litigation and other costs during a court case or while awaiting the start of the legal process, the person may need financing to cover expenses.

Litigation funding or litigation financing is a third party financing that pays the costs associated with the lawsuits. The third-party funding company assumes a financial risk by financing a party’s legal case because it gets it money back if the party wins the case or reaches a settlement. The party seeking the financing has the benefit of not paying the money back of his own pocket. Daren Monroe of Litigation Funding Corporation, Michigan advises, “Although the litigation financing company pay the legal costs, the attorney works for the client.” He continues, “The client controls the case, and the attorney must communicate only to the client in order to protect and preserve the attorney-client privilege.”

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Lawsuit Alleges Negligence Caused Infant’s Brain Damage During Birth

September 3, 2019

Few things are more devastating than realizing that an incident during birth caused your child serious and permanent injury.

A woman has filed a medical malpractice lawsuit against a medical center and doctor over allegations of negligence.

The plaintiff was admitted to the medical facility for labor and delivery. She alleges that drugs were administered to induce labor, then subsequently increased when labor wasn’t progressing promptly. Although the baby was also being monitored, the lawsuit claims that he showed late decelerations that were not recognized by the defendants. As a result, the baby was born with hypoxic-ischemic encephalopathy (HIE), a type of brain damage when the brain doesn’t get enough oxygen and blood. The child will suffer from life-long medical complications and disabilities, the suit states.

Cases like this are hard-fought; moving forward may be financially draining. Medical expenses, coupled with day-to-day bills associated with the case of the child, could leave this family financially devasted.

While litigation funding cannot solve physical and emotional issues, a lawsuit cash advance can substantially lessen the financial burdens.

Litigation funding is interim financial support to plaintiffs in a pending lawsuit. Funding is based solely on the strength of the case; if the case is reviewed and appears to be winnable, the application will likely be approved with funds available within 24 – 48 hours. No money is owed until the case successfully settles at which time repayment is made from the proceeds of the case. If the plaintiff loses the case, repayment is waived completely.

The application process is quick and easy by phone or online because credit-worthiness and job history are not factors in our funding decision.

If you have filed, or plan to file, a medical malpractice lawsuit and are represented by an attorney, you may be eligible for medical malpractice litigation funding. For a free, no-obligation consultation or funding analysis, contact Litigation Funding online or by phone.

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Jury Awards Plaintiff Over $2 Million From Auto Accident

August 15, 2019

A jury recently awarded a woman $2.3 million as compensation for injuries sustained from a three-vehicle auto accident.

The woman was waiting at a traffic light when the defendant, in this case, failed to stop and rear-ended another vehicle. That vehicle slammed into the woman’s car. As a result, she sustained a concussion and injuries to her neck, back, and shoulder. The woman was required to undergo multiple pain management procedures, as well as two neck surgeries and spinal infusion surgery.

It took four years to obtain justice in a lawsuit that resulted from a preventable auto accident. The woman’s medical bills were quite extensive and added to ordinary household expenses, may have been difficult to pay.

At Litigation Funding Corporation, we believe that no one should have to struggle financially in the interim period between an injury and settlement. We help plaintiffs under financial duress with a no-risk lawsuit cash advance, known as litigation funding.

Our four-step process is simple and designed to put cash in your hands within 24 – 48 hours. There are no upfront fees, no credit checks, no employment verifications, and no monthly payments. Funding is based solely on the strength of the case, with repayment once the case successfully settles. If the case is lost, the repayment is completely waived.

If you’re experiencing court delays, stalling tactics from an insurance company, and mounting bills give us a call or complete our one-page application online. Once we receive your application and supporting case documentation from your attorney, Litigation Funding Corporation can determine if the case has merit for a lawsuit cash advance. If approved, the funds can be available within 1-2 days of signing a contract. The money can be used right away for whatever the plaintiff wishes although it is recommended to pay living expenses like mortgage, rent, utilities, car payments, food, or to assist with outstanding medical bills.

So, before you consider accepting a low offer from the insurance company, you owe it to yourself to contact the lawsuit funding experts. The call is free; the advice is priceless.

Lawsuit Alleges Negligence In Deadly Crash Caused By Tractor-Trailer Driver

June 27, 2019

A Tennessee man has filed a $6 million lawsuit against a tractor-trailer company claiming general negligence.

On the morning of May 1, the plaintiff and his wife were approaching an intersection and the same time as the semi driver. The lawsuit alleges that the truck driver pulled into the intersection, blocking both lanes of the roadway, the shoulder, and half of the median, giving the couple no room or time to avoid a crash. The suit also alleges that the truck driver was traveling too fast when he attempted to make the turn. The female passenger died as a result of serious injuries sustained. The plaintiff suffered a broken hip, as well as multiple fractures to his right femur and ribs.

The lawsuit seeks damages for his injuries and the loss of his wife. The truck driver was cited on one count of failure to yield right of way resulting in death.

Often plaintiffs in situations like this are desperate for money to pay their bills and have little options available. Litigation funding is not only a viable option, but it is also risk-free.

Litigation funding is an advance on the expected settlement or verdict to help pay necessary bills and expenses and avoid being put in a position where he must take the first settlement offered. Applying for this lawsuit cash advance is relatively easy, with funds available within 48 hours or less. All it takes is a phone call or the completion of a short form online. There are no credit checks, and a plaintiff doesn’t need to have a job; all he needs is to have pending litigation. If the case is lost, the cash advance does not need to be repaid. He would keep the money, free of charge.

If you are the plaintiff in a pending personal injury or wrongful death lawsuit, you may wish to learn about litigation funding. Call Litigation Funding Corporation today to secure the outcome you deserve.

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A Lawsuit Cash Advance Can Help Auto Accident Victims Fight For Justice

January 15, 2019

In 2016, a man was rear-ended by a teenage driver as he waited at a stoplight. As a result, this husband and father of three suffered serious back injuries and underwent spinal fusion surgery. Unfortunately, his injuries are permanent, requiring a lifetime of medical treatment. He is unable to return to work as a plumber or continue with the lifestyle he once knew.

The lawsuit alleged that the teen was distracted by her cell phone at the time of the crash. While the defense admitted fault, they disputed that the defendant was looking at her phone. The defense also argued that the plaintiff’s pain was from a pre-existing condition. However, after a three-day trial and two hours of deliberation, the jury awarded the plaintiff $2.2 million.

Although this case resulted in a successful settlement for the plaintiff, his attorney said that through it all the insurance company continued to deny, delay, and defend the claim.

This case is a perfect example where litigation funding would be beneficial.

Unlike insurance companies, Litigation Funding Corporation doesn’t penalize customers for using its services exactly the way it is intended. When corporate greed leads to lawsuit abuse; when innocent victims need to fight for their rights, we are there to help.

A lawsuit cash advance can “bridge” the gap between when an accident occurs and when the plaintiff receives a settlement. A quick call or one-page application is all it takes to get started. Once we receive an application, we will contact your attorney to obtain some additional information about your claim. Funding decisions are typically made within 24 – 48 hours.

Qualifying for litigation funding is based solely on the merits of the case. There are no credit checks, no out-of-pocket costs, no fees to apply, no employment requirements, and no-risk! You are only obligated to pay back the cash advance if, and when, the case is settled. If you should lose the case, you owe absolutely nothing!

If you have been injured in an auto accident and finding it impossible to pay the bills, give us a call or complete our online contact form. We may be the financial relief you need to receive the settlement you deserve. Our case evaluations are absolutely free!

Wrongful Death Lawsuit Targets Convenience Store In Drunk Driver Crash

November 8, 2018

With fatal auto accidents, lawsuits are often filed against a negligent driver, but in certain cases, local businesses can also be held liable. For example, a bar can be sued for a wrongful death caused by a drunk driver if there is evidence that the bar illegally served alcohol to the driver prior to the crash. This is called a dram shop claim.

The parents of two 16-year-old girls who were killed in a drunk driving crash have filed wrongful death lawsuits against the teen driver and the store clerk accused of selling him alcohol. The lawsuits allege that had the store clerk not sold alcohol to a minor, this senseless tragedy would have been avoided.

According to investigators, the 17-year-old driver bought four bottles of Mad-Dog 20/20 at a convenience store a few hours before the fatal crash. The clerk failed to check for valid identification before selling him the alcohol. After downing an entire bottle, the teen got behind the wheel. Unable to stay in a single lane, the driver went up on the median and crashed into a tree at high speed. Both passengers sustained fatal injuries.
The driver was charged with two counts of intoxication manslaughter. The store clerk has been arrested and charged with a misdemeanor for selling alcohol to a minor.

Finding the right attorney in cases like this is the first step in seeking justice. However, it is often a long fight as the defense will usually deny, delay, and defend the case for months, if not years. For plaintiffs who feel they cannot financially wait to seek justice, litigation funding can help. Not only can his legal financing help cover medical expenses, funeral, and burial expenses, or simply pay the monthly household bills but it can also give the plaintiff’s attorney much needed time to strengthen the case to obtain the compensation justly deserved.

Since lawsuit funding is based on the merit of the case, credit and employment are irrelevant. There are no upfront fees or monthly payments, and the cash advance is only repaid if, and when the case successfully settles. It is easy to apply for a lawsuit cash advance either online or by phone. If approved, funds can be available in as little as 24 hours.

If you have been in a drunk driving auto accident and experiencing financial hardship, don’t let the insurance company victimize you again by forcing you to accept a low offer. Call Litigation Funding Corporation to get the “staying power” advantage to pursue your lawsuit with confidence and fight for the compensation you deserve.

Texas Nursing Home Resident Allegedly Beaten by Nursing Assistant

October 31, 2018

The family of a nursing home resident planned to celebrate their father’s 84th birthday, but when they arrived at the facility they found him beaten and bruised. Although staff said the cause was an incident with the man’s roommate, police believe the resident may have been beaten by a nursing assistant.

According to an investigation earlier this year by Texas Health and Human Services, 12 violations were cited at the nursing home — seven were “life safety violations,” and five were health violations where inspectors stated, “the facility did not protect each resident from all abuse, physical punishment, and being separated from others.” Several violations have allegedly yet to be remedied. The facility was also cited because it “failed to have written rules against mistreating, neglecting, and abusing residents, and mishandling residents’ property.”

The family may wish to seek compensation for their father’s injuries by filing a personal injury lawsuit. However, they may find that they are unable to cope financially while waiting out the litigation process against high-powered defendants. In that case, litigation funding may be a good option.

Litigation funding is a lawsuit cash advance for life needs when plaintiffs may not be able to find money elsewhere, such as family or friends or a traditional bank loan. It can mean the difference between paying the rent or facing eviction. A lawsuit cash advance can also level the playing field until justice is served.

A seriously injured plaintiff who has hired an attorney, and has a strong case with merit is eligible for litigation funding. Applying for a cash advance against a future settlement is fast and easy. There is no cost to apply and no up-front or out-of-pocket expenses. Litigation Funding Corporation will work with your attorney to review your case and reach a funding decision in less than 48 hours.

Pre-settlement funding, or a lawsuit loan, is a non-recourse cash advance tied to the personal injury claim. Repayment is only due once the case successfully settles. The attorney handles the repayment through the case proceeds. If there is no recovery, repayment of the lawsuit loan is completely waived, making it a virtually risk-free cash advance for the plaintiff.

If you have a personal injury case and questions regarding pre-settlement funding, call Litigation Funding Corporation, toll-free at 1-866-548-3863.

Wrongful Death Lawsuit Filed Against Drug Manufacturer

September 28, 2018

A wrongful death lawsuit has been filed against the makers of Prilosec, a proton pump inhibitor, in the death of a Texas man.

This case is one of 4,600 proton pump inhibitor lawsuits pending in the District of New Jersey alleging that the drug manufacturers concealed damaging side effects, including: end stage renal disease, acute kidney injury, chronic kidney disease and acute interstitial nephritis.

According to the complaint, the man used Prilosec for 22 years, from 1994 to 2016. The suit alleges that the long-term use of the drug resulted in end stage renal disease and subsequent death. The wife of the deceased man is seeking damages for fraudulent concealment, breach of warranty, strict product liability, failure to warn, negligent misrepresentation, design defect, fraud and fraudulent misrepresentation, negligence and negligence per se, as well as loss of consortium and wrongful death.

The plaintiff claims that the drug companies knew that long-term use of proton pump inhibitors could harm the kidneys and that such harm would have been averted had the manufacturers warned physicians and patients of the risks. Long-term use of proton pump inhibitors has also been linked to an increased risk for heart attacks, low magnesium levels, B12 deficiency, bone fractures and dementia.

Litigation Funding Corporation understands that the litigation process from a defective drug lawsuit can take years to settle, as it is very difficult to compete with a major pharmaceutical company that has all the time and money to wait. Victims often face financial hardship, leaving them at risk for bankruptcy or foreclosure.

However, with pre-settlement lawsuit funding, plaintiffs do not have to suffer financially. Lawsuit funding gives plaintiffs instant access to cash with no risk. We offer an easy online application with approvals often made within 24 – 48 hours of receiving pertinent case documentation from the plaintiff’s attorney. There are no credit checks, employment verification, or upfront fees of any kind. Funded plaintiffs only repay the cash advance once the case successfully settles. If the case is lost, the repayment obligation is completely waived.

If you have been injured or lost a loved one due to a defective drug and have a pending lawsuit with attorney representation, you are pre-qualified for litigation funding or a “lawsuit loan.” Call Litigation Funding Corporation to learn more and see if a lawsuit loan is best for your case.

Healthcare Clinic Sued in Several Wrongful Death Lawsuits Over Use of GranuFlo

August 31, 2018

The families of three patients who died of heart attacks in 2013 after dialysis treatments at their health clinic were awarded $383.5 million.

According to the families’ attorneys, the patients were treated with GranuFlo, a drug known to cause a toxic pH balance. The lawsuit alleged fraud and negligence in ignoring significant blood changes when patients returned for dialysis treatments and that the company hid the harmful effects of an acid concentrate used in dialysis. GranuFlo was recalled in 2012 by the USFDA.

Litigation Funding Corporation knows that the process of arriving at a settlement or concluding a jury trial involving a defective drug or medical product lawsuit may take years to settle. Major drug companies are reluctant to offer adequate settlements, and they can afford to take their time with a lawsuit. In the meantime, victims, and their families, of medical malpractice or defective drug may face financial difficulties that could end in foreclosure or bankruptcy. Litigation Funding Corporation can provide a “lawsuit loan” or pre-settlement funding so victims can focus on recovery.

Pre-settlement funding allows plaintiffs instant access to cash with no risk. The online application process is easy and approvals are often made within 24 – 48 hours after Litigation Funding receives relevant case documentation from the plaintiff’s lawyer. There are no upfront fees, no credit checks and employment verification is not required. If the case does not win, repayment of the cash advance is totally forgiven.

Were you seriously injured and now facing a pending lawsuit? Do you feel that lawsuit funding could help you financially? Call Litigation Funding Corporation at 1-866-548-3863. We are ready to assist you with fast and hassle-free lawsuit funding.

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