THE PREMIER
PERSONAL INJURY FIRM OF OMAHA
Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

Monsanto Roundup Weed Killer Case Awards Cancer Victim $80M

Published on Apr 2, 2019 at 2:57 pm in Product Liability.

Lawsuits are being filed against Monsanto, an agrochemical company, for their herbicide Roundup Weed and Grass Killer. It has been the suspected cause of many cancer cases. Meanwhile, the company insisted that it was safe. Recently, a San Francisco court awarded a man $80 million in damages. The jury ruled that Roundup was a major contributor to Edward Hardeman’s Non-Hodgkin lymphoma diagnosis. Monsanto will appeal the verdict.

The jury based their decision on the testimony that showed the company was hiding the hazardous properties of Roundup. The chemicals are carcinogenic and yet there wasn’t a warning issued to consumers.

Hardeman said he spent 26 years using Roundup to kill poison oak and weeds, exposing him to the chemicals for a long time. Monsanto should have made warnings, but instead spent time trying to work against the studies that suggested a link between their product and cancer.

What Fields Does Medical Malpractice Most Commonly Occur in?

Published on Mar 26, 2019 at 2:10 pm in Medical Malpractice.

No matter what type of medical procedure you’re having done, you expect to leave the hospital or medical facility in a better condition than when you arrived. This, however, doesn’t always happen. A study by The New England Journal of Medicine determined the areas where medical malpractice claims were most often filed. The list included fields like surgery, internal medicine, and neurology.

When a patient is harmed by a negligent physician, the consequences can be severe. If you’re planning on undergoing a procedure, you should know how high your risks are and which medical fields tend to be the most dangerous when it comes to medical mistakes.

FDA Warns that Robotic Cancer Surgeries Aren’t an Improvement

Published on Mar 19, 2019 at 3:05 pm in Medical Malpractice.

The Food and Drug Administration (FDA) has released a warning for cancer patients who are planning on undergoing robotic procedures. There is no evidence that cancer patients who receive robotic surgeries live longer than those who undergo traditional procedures.

Robotic surgeries have not been approved for cancer-related treatments, but doctors widely use the equipment to operate on patients with various forms of cancer. The systems have been on the market for more than 15 years. The robot’s arms are controlled by a computer that’s manipulated by the surgeon. The movements of the robot are supposed to replicate the operating surgeon.

Looking at the Largest Mass Tort Settlements in the U.S.

Published on Mar 12, 2019 at 2:18 pm in Product Liability.

When we use a product, we rarely think about what could do wrong. We read the directions and see the side effects, and then proceed to use the product. However, when there’s a mistake with the product or with its directions and general information, people can get seriously hurt. This can be any kind of product that you could find in your household or it can also apply to medicine or medical devices. When these  If you’ve been harmed by a defective product, you can seek help from Welsh & Welsh PC, LLO.

Let’s take a look at some of the largest mass torts happening in the United States right now, but first, let’s define the term and what these types of cases often entail:

Nebraska Statutes of Limitations for Sexual Assault Claims

Published on Mar 5, 2019 at 11:06 am in Sexual Abuse.

Speaking up and taking legal action against an abuser is one of the most challenging things a victim of sexual assault can do. It takes an exorbitant amount of courage and trust to come forward with allegations and call on legal representation to seek justice.

While there are statutes of limitations that limit how long a person has to file a case and seek compensation for wrongdoings for many claims, the statutes of limitations for sexual assault are different. Fortunately for victims in Nebraska, no time restrictions generally exist; however, it is still important to understand how the process works, how the law defines different types of sexual assault, and where time limitations do exist.

How to Build a Home Care Plan After a Car Accident

Published on Feb 26, 2019 at 2:11 pm in Car Accidents.

After a serious car accident injury, you’re going to start thinking about recovery. At some point, you will leave the hospital and return home. However, this can be an uncertain time because you may be on your own and will need to develop a home care plan to make sure you’re treating your injuries and staying on the path to recovery.

Before leaving the hospital, you should speak with your doctor about home care. They’ve assessed your injuries and will be able to give you advice about what you’ll need to do at home. There are several areas you may need to consider, and some of these could mean you’ll have to have outside help.

How Long Does Back Pain Last After a Car Accident?

Published on Feb 19, 2019 at 2:51 pm in Car Accidents.

Depending on the severity of the accident and how it occured, a car accident victim can end up with a multitude of injuries. Even a minor collision can cause serious back pain because of what the body goes through during impact. This pain, depending on the severity of the injury, may last for a significant period of time.

If you’ve sustained a back injury, you may be wondering how long you’ll experience pain and what your recovery will look like. While every case is different, and your doctor will be able to give you the most accurate information for your specific injury, we can look at common back injuries and what the typical recovery period looks like.

Omaha Principal Accused of Failing to Report Sexual Abuse

Published on Feb 13, 2019 at 1:25 pm in Sexual Abuse.

On February 8, 2019, Eric Nelson, the principal of an Omaha Public School (OPS) elementary school, Fontenelle Elementary, was arrested after being accused of failing to report a teacher’s suspicious behavior.

In December 2018, Gregory Sedlacek, a first-grade teacher, was arrested and charged with two counts of sexual assault of a child, a seven-year-old first-grader. The arrest took place after teachers contacted the Nebraska child abuse hotline and reported inappropriate contact between Sedlacek and the student on the school’s playground. Since then, Sedlacek has been charged with six counts of first-degree sexual assault of a child and one count of third-degree sexual assault of a child.

Avoiding Black Ice: Tips for Nebraska Drivers

Published on Feb 6, 2019 at 10:00 am in Car Accidents.

The winter season often brings many driving concerns that anyone who uses a vehicle should know about. One of the biggest dangers is black ice. It’s incredibly difficult to spot because it’s clear ice that forms on the road. When vehicles hit black ice, the driver can lose control of the vehicle. If they’re traveling at high speeds or don’t know how to handle black ice, there’s a good chance their vehicle could spin out or swerve out of their lane and collide with another vehicle or fixed object.

What Nebraska Law Changes Should We See in 2019?

Published on Jan 31, 2019 at 8:42 am in Legal Information.

With every new year comes new laws. If you reside in Nebraska, these changes may impact your life in some way. It’s important to remain aware of changes and how they affect you, so you can not only make sure you are abiding by the law, but also make sure you are receiving any benefits or services you are entitled to.

Worker’s compensation benefits will increase.

Annual benefits are set to rise in Nebraska. The maximum rate for disability benefits will increase from $831 to $855. Mileage reimbursements for medical visits and vocational rehabilitation are also set to increase from $0.545 per mile to $0.58. These annual increases ensure that compensation to those eligible remains adequate from practical and constitutional perspectives.

There are a number of other changes happening regarding workers’ compensation. Those changes include the following:

  • Individuals can formally file pleadings by 11:59:59 pm, instead of waiting for formal business hours to get a document stamped. Appeals can also be filed electronically now.
  • More detailed information about third-party cases must be provided to the court in settlements that require court approval.
  • Doctors are now allowed to refer patients to physician-owned specialty hospitals. These hospitals are often able to perform procedures at a lower cost; however, the law prohibits these facilities from taking Medicare and Medicaid.