Sabatini and Associates, LLC

Sabatini and Associates has been retained by a client who recently suffered serious injuries as a result of a pothole located in a parking lot.  Given the recent fluctuations in temperature, potholes are becoming a growing problem.  Property owners have a responsibility to inspect their parking lots for potholes and if one is discovered, reasonable measures must be taken to repair the pothole.  If inspections are not taking place and a pothole goes un-repaired, then the property owner will be held liable for injuries caused by the defective condition.

The DePuy Hip Implant litigation continues to grow. In December 2010, the court approved a multidistrict litigation (MDL) for the cases filed in federal court. State class actions cases have been filed in Ohio and California.  In August 2010, Depuy recalled 93,000 hip implants.  The hip implants have a higher failure rate than other hip replacement devices. One out of eight patients has had to undergo a second hip replacement surgery due to the defective implant. Besides the high failure rate, the device also may cause elevated levels of cobalt and chromium in the body which can develop into metallosis – a buildup of metallic debris in soft tissues. It is believed that the metal on metal design of the hip implant is causing the metallosis.

Attorney James Sabatini has prevailed before the Connecticut Supreme Court in the case entitled Shortell v. Cavanagh.  The case involved injuries suffered by a client during a dental procedure.  The injuries involve significant nerve damage.  A complaint was filed against the dentist and the complaint alleged failure to obtain informed consent. Defendant moved to dismiss the case on the grounds that a written opinion letter from a similar health care provider was not attached to the complaint.  Attorney Sabatini objected to the motion on the grounds that the statute (C.G.S. Sec. 52-190a) requiring a written opinion letter to be attached to medical malpractice lawsuits does not apply to informed consent claims.  The trial court granted the motion to dismiss.  Attorney Sabatini appealed and the Connecticut Supreme Court agreed with Attorney Sabatini’s legal position.  The Court held that 52-190a does not apply to a claim of lack of informed consent. The statute only applies to medical negligence claims and medical negligence claims as that term is used in 52-190a only pertain to claims where the standard of care and deviations from the standard of care are established and judged by an expert standard.  Informed consent claims are judged by a lay standard.

If you have been injured as a result of a fall caused by ice, you may have a case even if the fall occurred during a snow storm.  A property owner is not required to keep the sidewalks, driveways and parking areas clear of snow and ice during a storm.  Therefore, if your fall was caused by ice that is accumulating or forming during a storm, there is no case.  However, if you fell on “old” ice even during an active snowstorm, you have a case. 

You have a case because the ice that caused you to fall existed prior to the current snow storm.  Furthermore, due to recently fallen snow, the “old” ice has been covered up making it impossible for you to detect the ice before stepping on it.  If you suspect that “old” ice caused your fall, you should contact our attorneys immediately.

On October 13, 2010 Judge David Herndon, who is presiding over the federal court YAZ and Yasmin MDL, ordered trial dates for bellwether trials.  The order further identified the order of the three bellwether trials, the dates of the trials, and the claimed injury in the cases.  The schedule is set forth below.

1. The first trial is set September 12, 2011. This will be a pulmonary embolism (PE) case.

2. The second trial is set January 9, 2012. This will be a gallbladder (GB) case.

3. The third trial is set April 2, 2012. This will be an additional thromboembolic (VTE) case.