Mississippi Lawyer Blog

Now that the Republicans have gained control of the Mississippi House or Representatives, they are seeking more tort reform. They are doing this even though the doctors' own insurance company say they no longer need any more! Yes, you read that correctly. The CEO of the doctors' insurance company, Medical Assurance Company of Mississippi ("MACM") was quoted in a Clarion Ledger article as follows: "It would be hard for me to argue more tort reform is needed," Mike Houpt said. "We're content with what we have." Yet the Republicans want to lower the caps on damages AND institute a "loser pays" system which would make the loser of a lawsuit pay the other side's cost. Whose agenda are the Republicans pushing?

The "loser pays" idea is simple. Over the course of a lawsuit, each side spends money on such things as depositions, expert witnesses, copying, etc. Costs can easily reach $10,000 in the most "simple" car wreck cases. "Loser pays" would require the "loser" of a lawsuit to pay the other winner's costs as well as their own. So who is this designed to hurt? To a huge company like State Farm, $10,000 is nothing. To the average Mississippian, $10,000 is more than most folks have in savings. There is not way the could afford to pay this which means they would not file a lawsuit for fear of having to pay this kind of money.

Now, keep in mind that the doctors are "content" with what they have. This is the same group who claimed they were being forced out of Mississippi just 10 years ago. Now things are going so well that the doctors are receiving refunds on their insurance premiums and their insurance company is making a huge profit. I wonder if the quality of health care in Mississippi is going up as well? Are the number of deaths and serious injuries due to medical negligence going down? Oh well, who really cares about that. As long as the doctors are making money and forcing us to wait an hour to see them on every visit then things are fine. But, I digress.

The Republican party is not looking out for Mississippi citizens. If they were, they would fight like hell to make sure that anyone who harms a child or an elderly person or who leaves a family without a mother or father (or both) would have to fully compensate that person or their family. Instead, they are looking out for big businesses and insurance companies. Always have, always will. If your child is harmed don't expect the Republicans to care because they will be supporting the people who harmed him/her.

Sound harsh? Well it's not. Tort reform does not protect us from so-called "frivolous lawsuits". Tort reform is designed to protect big business and insurance companies from legitimate lawsuits. "Frivolous lawsuits" scare no one. If any defendant can show me one "frivolous lawsuit" which has ever gone to trial, received a verdict, and then been affirmed on appeal I will have my partner eat his hat. Big business needs protection when their products or actions seriously injure, maim, or kill innocent people and the Republicans are paid handsomely to help them.

Continue reading "More Tort Reform for Mississippi personal injury and medical malpracitce lawsuits? Thank you sir may I have another?" »

Dangerous consumer products are all around us. Over the past several years we have had food recalls. There was the bad spinach, the bad lettuce, the spoiled meats, and other infected food products. Then we had the lead toys from China. The bad milk for babies. Now we have the largest recall of baby cribs of all time. If you have a question about consumer recalls go the the Consumer Product Safety Commission website.

I am a believer in the American Enterprise System. I think that each person should be free to pursue their dreams. If you can come up with an idea like "pet rocks," and someone will buy them, then go for it. Our country is a great economic power due to the free enterprise system. But should the free enterprise system be permitted to dump or put dangerous products in the stores? There are so many dangerous products produced that should never have been sold to consumers. I think there needs to be a balance in the safety of products and their sale to consumers, and the balance should always be on safety. We have handled dangerous products many times. Sometimes these products are like IED's (Improvised Explosive Devices) that are so dangerous to our soldiers in Iraq. The injuries to the consumers are just a matter of time.

If you or a loved one has been injured by a dangerous products or in a serious accident call Coxwell & Associates for a free initial consultation. We have handled the large, complex cases. If you need serious, competent attorneys visit us at 500 North State Street, Jackson, MS.

There are so many products on the market these days. Sadly many of these products, including prescription drugs, have been inadequately tested and put on the market in a condition that makes them unreasonably dangerous to the consumer. Recently there was an Indictment against Stryker Biotech LLC and some top of the top management for carrying on a fraudulent marketing scheme involving their bone growth products. The Justice Department brought this Indictment so I suspect we may hear more about this issue.In addition the executives were charged with making false statements to the Food and Drug Administration.

For the past eight years corporations have had the ability to promote products off-label and to sell dangerous products with very little regulation. Under the Bush Administration there was a hands off approach toward business. Apparently, the Administration must have believed if it was good for business it was good for American. This is seldom true. Many of the multi-national corporations that dump defective products on our country do not even build or construct the products in this country. Products that are unreasonably dangerous should not be place for sale to the consumer. Human life and safety should always be more important and money. I think that many corporations are only concerned with how much money they can make.

There was another instance I read about where a 80 year old woman died when her robe caught on fire and she burned to death. The robe was made of a material that was highly flammable and the company knew about this danger. Companies have known for years that clothing needs to be made from a flame retardant material. There is simply no reason to sell products that are so dangerous. If a product is so dangerous that the average person is likely to be hurt, then it does not need to be sold. At Coxwell & Associates we handle defective product cases and most other accident and injury cases. These cases can be expensive and the evidence needs to be preserved and reviewed by an expert. If you think you have been injured by any defective product call Coxwell & Associates for a free review.

Defective products cause hundreds of thousands of serious injuries every year. This includes prescription drugs that have been inadequately tested or that contains inadequate warnings. At Coxwell & Associates our attorneys review and study recalls by the Food and Drug Administration and other Federal Agencies so we can properly and effectively represent our clients. This means our attorneys have to read legal news updates and attend continuing legal education courses across the country. Each year our attorneys will attend seminars put on by the American Association of Justice, a premier legal group that serves people who are injured by negligence or another person's violation of rules. We also attend conferences by the National Association of Criminal Defense Lawyers. There aren't many law firms that send their attorneys out of State as much at Coxwell & Associates do in order to provide the very best in legal education. If you have a serious injury case or a criminal problem do not hesitate to call for a free consultation.

Coxwell & Associates is a law firm that concentrates on serious accident cases of every type. The attorneys also handle state and federal criminal cases in all courts. Frank Coxwell is the only attorney in the firm who handles consumer bankruptcy and other consumer issues. For a free consultation call 501.948.1600.

Dangerous products maim and kill men, women and children every day. Many of these deaths and injuries are avoidable. It is these avoidable injuries and deaths that make me so angry and often times anger juries. I read a story today about a young child who died in a house fire. The fire was started by a electric engine in a portable fan. I guess we could say that products sometimes get old and catch on fire, right? Well, in this instance the electric motor on the fan was produced in another company and shipped to the U.S. for installation in the fan. The company that was putting the fan together knew since 1999 that the motors in the fans had a high propensity to catch on fire! The company knew for 9 years that the fan might burn up. Where are fans used? In houses of course. So, the company knew the fans were sold for use in houses, where families lived, and knew the fans might catch on fire and result in injury and death. Does that make you mad? There is nothing wrong with creating products and making money, but when a company knows that a product is unreasonably dangerous and likely to injure the consumer, then they need to change the product. When you see a large jury verdict, you can almost always be assured that the verdict is due to a jury witnessing in Court despicable conduct by a corporation, industry, or business. Profit should never be put over the value of a human life.

This brings me to another topic. If you think for one minute that a corporation, business, or industry cares about your welfare, safety, or life, please tell the rabbit in Alice in Wonderland I said hello. Corporations do not have feeling or a soul. They exist to make money. There are some exceptions, like the Red Cross and The Salvation Army, but the majority of corporations and businesses see you as a dollar on a balance sheet and nothing more. I have said this many times before. Much of our lives are controlled by corporations, and this power is growing every year. Our Congress is more heavily influenced by the lobbyists for these companies than they are by the needs for the working American. Haven't you said this before? Do you think you could go to Washington and have the access to a Congressman that a lobbyists does? The National Chamber of Commerce is a lapdog for these huge companies that view you as a dot on a balance sheet and nothing more. Every action the Chamber takes is in the interest of these companies and against your interests and values. How many times have you seen the Chamber come out against the greed on Wall Street? How often have you heard the Chamber encourage reform? Google it, I dare you! The Chamber is a diseased organization. Every e mail the Chamber sends me is about tort reform.(deform is a better word). The Chamber wants to protect companies like the one that sells known defective fans so when they cause the death of children, the companies are not legally responsible. Is this what you want as a consumer, citizen, and human? Do you want your family, friends, and neighbors unprotected? It really is your choice.

Let's clear the air. I am an attorney. I help people who get seriously injured, who get cheated, and who have criminal problems. I care for my clients. My law practice is my life, my profession, my career, and my job. I take people who come to me with problems and I help them. Yes, I get paid. I get paid sometimes by the hour and sometimes I use a contingency contract where I get a percentage of what we win. I spend my money to win and if we lose, I lose. One time we had to spend about $291,000.00 dollars to help a client win. If we had lost, the consequences to my office and family would have been terrible. I am like a doctor or dentist. They take people who come into their office with problems. I take people who come into my office with problems. The doctor and dentist charge for their education, time, experience, skill, and dedication. I do the same. The doctor and dentist bill insurance companies. I sue insurance companies who deny valid claims and try to force people to settle for less than what the case is worth. For over 20 years the insurance industry and big business has spent millions upon millions of dollars on television ads and other ads attacking lawyers. Why? Have you ever really thought about this. I use the same consumer products you use? I feed, clothe, and try to rear my child just like everyone else. We all want the best for our family. The difference is I do not accept or tolerate an industry putting money over the value of human life and safety. If they do then I will do all within my power to make that company or industry pay for the harms and losses the housewife, child, or person suffered.

You rights are in peril. They are my rights too. It is hard to protect them alone. Especially when companies spend million in ads to spread lies-complete lies-about the legal system. I hope your child never dies in a house fire because of a known defective fan or some other product. If it happens, I would want the responsible company to pay just like someone has to pay if they commit a crime. Why should it be otherwise?

Merrida Coxwell is the managing partner of Coxwell & Associates, a law firm dedicated to protecting the civil rights of all people and helping people who are charged with criminal offenses. The attorneys of Coxwell & Associates are totally dedicated to their clients. Each attorney maintains an high standard of education and involvement in community affairs. For a free consultation call 601.948.1600 or e mail one of the attorneys. Background information on the attorneys can be obtained by viewing this website.

This week there another warning by the Food and Drug Administration and a voluntary recall by lovate Health Sciences, Inc., of their dietary supplements used for weight loss and nutritional purposes. The FDA has found several serious injuries in people who have used the products according to the directions on the bottle. These injuries include a death, serious liver injuries, jaundice, elevated liver enzymes, seizures, cardiovascular disorders, and rhabdomydysis-a muscle disorder. The experienced attorneys at Coxwell & Associates have formed a team of lawyers and medical professionals to evaluate serious injuries that have resulted from use of these products. Coxwell & Associates is a personal injury law firm in Jackson, Hinds County, MS, that has worked to help people injured by the use of prescription drugs and other products. We have secured judgements of over 100 million dollars on behalf of our clients and settlements of over 200 million for clients. The recalled products are:

Hydroxycut Regular Rapid Release Caplets
Hydroxycut Caffeine-Free Rapid Release Caplets
Hydroxycut Hardcore Liquid Caplets
Hydroxycut Max Liquid Caplets
Hydroxycut Regular Drink Packets
Hydroxycut Caffeine-Free Drink Packets
Hydroxycut Hardcore Drink Packets (Ignition Stix)
Hydroxycut Max Drink Packets
Hydroxycut Liquid Shots
Hydroxycut Hardcore RTDs (Ready-to-Drink)
Hydroxycut Max Aqua Shed
Hydroxycut 24
Hydroxycut Carb Control
Hydroxycut Natural

This recall leads me to make the following comment. Rising health problems among our population and statistics have shown that Americans are overweight and terribly out of shape. Carrying extra and unnecessary weight on your body can and does lead to many different health complications with your bones, joints, cardiovascular problems, and diabetes, just to name a few. Don't take my word on this, just Google the issue and read on all the hits. I have always worked hard to practice good health. Since the age of 16 I have maintained a regular exercise program. And understand that the key work is REGULAR. You cannot maintain good health unless you stay consistent with your program. You don't have to pay for an expensive gym membership either. Walking briskly at least 4 times a week 2-3 miles can do wonders for your health. I hear people say all the time, "I just cannot find the time." The truth is you you cannot ignore the time you should devote to your own health. If for no other reason, do it for the people you love and the ones that love you. It is easy to make up an excuse not to exercise, isn't it? Think about exercise as if your life depended on it, because in a way it does! And all these shortcut products-don't buy them. Sensible eating and hitting the walking trails is all you need unless your medical providers orders something additional.

All of the attorneys at Coxwell & Associates are dedicated to their careers. We do not look at our profession as a job. It is more similar to a "calling." We are lawyers because helping people is a career, goal, and brings us satisfaction. Mississippi does not recognize specialities in any area of the law, but individually and as a firm we do specialize in certain areas. Most of our attorneys handle serious injuries, criminal defense in all courts, financial fraud, and complex litigation. My brother Frank concentrates in consumer bankruptcy and debtor-creditor issues. This is one area of the law that most lawyers avoid and know little about. Frank views it as a challenge.

We are located in Jackson, Hinds County, MS, but we travel all over Mississippi. We have lawyers licensed in the District of Columbia, Washington, West Virginia, and Alabama. At times we have handled cases in Tennessee, Alabama, Chicago, IL, and Texas. If we can be of assistance please call or e mail.

Home furnishing company IKEA agreed to pay a $500,000 fine for being slow to report defective outdoor candles, the government said Sunday.
In May 2006, IKEA recalled 133,000 packages of outdoor candles in the United States. The company had received at least 32 reports of problems with these candles worldwide, including 12 reports of injuries.
The Consumer Product Safety Commission said IKEA did not promptly report the problems, as the law requires.
The candles were available at IKEA stores around the country between February 2001 and July 2005.
In the settlement agreement with the agency, IKEA North America Services denied that it knowingly broke the law.
This fine comes on the heels of the company's Thursday recall of 670,000 blinds in the United States. The window dressings were recalled after a 1-year-old girl died when she got caught in the inner cord of a set of IKEA Roman blinds over her playpen.
A telephone message left Sunday for spokesman at IKEA USA offices in Conshohocken, Pa., was not immediately returned. E-mail requests for comment from that spokesman and a second representative were not immediately answered.