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California Law Today

What documentation is required for a class action settlement?

Class action lawsuits are complex, and the complexity doesn't stop once an agreement to settle has been reached. Attorneys for both sides of the action must work to draft settlement documents that will pass stringent court requirements.

The U.S. District Court for the Northern District of California published guidelines for settlement documents online. According to the guidelines, failure to include all necessary information could result in a failure or delay of approval on the settlement. Preliminary approval of a settlement requires information such as details about the settlement and how the settlement will be administered.

Failure to diagnose can cost time, a life

There is no denying the fact that medical malpractice can be a challenge to prove in the court of law. Despite the difficulties associated with such as lawsuit, many people are able to file a claim and win. Doing so takes the proper amount of knowledge and experience.

Failure to diagnose is one of the most common causes of a medical malpractice claim. As a patient, you expect all your health care providers to diagnose a condition as soon as possible. If they neglect to do so, there is a greater chance that your condition could worsen.

Text-message related class action proceeds against Apple

A plaintiff has brought a suit against Apple and asked for class action status regarding Apple's failure to convert iMessage capabilities to basic text when users switch their phone number from an iPhone to an Android phone. According to the lawsuit, text messages were not received after the user switched phones, and the user was not aware there would be any problem with the switch.

Though some claim that it's unlikely that Apple intentionally blocked text messages, a judge has allowed the case to proceed. He stated that the blocked text messages could represent a breach of a contractual relationship.

What are common types of surgical errors?

When people schedule surgery, regardless of the procedure, they realize they are taking a risk. They also realize that the surgery can benefit them by improving their overall level of health.

Nobody expects to be a victim of a surgical error, but this happens from time to time.

Child safety seats: Manufacturers can be negligent

For parents in California, the use of child safety seats in vehicles is often a daily occurrence. Parents rely on car seats and booster seats to increase a child's safety in vehicles until children are big enough to use only a seat belt. But how safe is your child, really, and what responsibility do manufacturers have to their products?

When it comes to recalls, perhaps no other information is as widely published as recalls that impact small children. News channels deliver information about recalls for cribs, toys and car seats on a regular basis. There's even an official agency that keeps online lists of recalls, known as the Office of Defects Investigation Enforcement. According to that agency, the last reported recall of child safety seats as of this post was issued July 1, 2014.

Motor vehicle accident: Time, age, and type

Every day on the roadways throughout the state of California, millions of people commute to and from work, school, and other locations. While this is a necessary part of life for most people, it is important for everybody to realize they are at risk of being involved in a motor vehicle accident.

According to the National Highway Traffic Safety Administration, there are many reasons for these accidents. It is easy to focus on the most common types of negligence, such as texting and driving and driving under the influence, however, there are other factors that must be considered. Some of the highlights from a National Highway Traffic Safety Administration include the following:

Class action suit in California court alleges baby wipe dangers

Parents in California and across the country strive to keep their children safe. Parents of young children often choose products such as formula, diapers and wipes carefully, wanting to keep children safe from harmful ingredients or exposure. A class action suit filed in a California court alleges that baby wipes sold by Walmart-owned Sam's Club endangered consumers and babies because of bacterial contamination.

According to reports, Sam's Club issued a customer warning on Oct. 10, stating that the wipes in question might be contaminated. The contamination was a bacteria known as B. cepacia, which the company said was not dangerous to healthy individuals. Individuals with weakened immune systems or other health issues could be affected by the bacteria, said the company.

What is the cost and frequency of medical malpractice?

Our California readers are aware that medical malpractice remains a problem throughout the state, as well as other parts of the country. While some have been touched by this, others still believe that nothing bad could happen to them.

As you learn more about medical negligence and malpractice, you may begin to change your stance on the future, realizing that the chance of becoming a victim is very real.

Woman drives into California restaurant, injures 6

Most California residents have seen tongue-in-cheek images posted online of cars that have driven into places of business. From banks to convenience stores, drivers sometimes accelerate when meaning to brake, causing vehicles to crash through windows or walls. Fortunately, many of these cases involve little to no injuries. The same cannot be said of a restaurant accident that occurred this week.

According to news reports, a 56-year-old driver was attempting to park in front of a restaurant on the evening of Thursday, Oct. 23. The woman accelerated in error, launching her vehicle into the restaurant. Reports indicate that the driver was injured in the crash and was being treated for injuries.

Failure to diagnose leads to various problems

When you seek medical attention, regardless of the reason, you are expecting to receive guidance and advice from somebody with more knowledge and experience than you. There are times when a doctor does not diagnose a condition, which can lead to a variety of problems.

Failure to diagnose can waste valuable time and money, and in the most extreme cases lead to serious injury, illness, and even death. For example, the failure to diagnose cancer could lead to the disease spreading to other parts of the body, resulting in a more intense treatment process. Along the same lines, if a heart attack is diagnosed as another issue, such as a digestive problem, a patient could end up passing away.

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GK Results

The law firm of Girardi | Keese has successfully recovered in excess of $3 Billion on behalf of our clients.
The following cases are just a small sampling of the many successful cases G&K has achieved over the years:

$4.85 billion

Settlement with Merck, a major pharmaceutical company, for personal injuries to consumers of the drug Vioxx.

$633 million

Settlements with PG&E for toxic tort injury claims by residents of Hinkley, California (made famous by the film Erin Brockovich).

$1.9 billion

Settlement with Sempra Energy on behalf of California consumers who were defrauded by the manipulation of natural gas prices.

See More GK Results

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