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    • Experts say there isn't a medical malpractice crisis

      There has been a lot of talk since the election about what will become of the Affordable Care Act (ACA) with the new Trump administration and Republican control of the Congress. Top Republicans are ...

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    • The Affordable Care Act and Life Care Plans - New Attacks on the Collateral Source Rule and Economic Damages

      I. Introduction When the Patient Protection and Affordable Care Act (ACA) [1] was signed into law on March 23, 2010, it appeared that injury victims and advocates had dodged a potential bullet. The ...

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    • U.S. Supreme Court Expands Rights

      Whether you agree or disagree with last week's rulings, there is no doubt that the U.S. Supreme Court expanded the rights of many U.S. citizens by helping to ensure the availability of health care to ...

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    • Rourke & Blumenthal Calls on Hospitals to Start Protecting Mothers

      The United States is the most dangerous place in the developed world to give birth. The fact that women who give birth in the United States are three to five times more likely to die than in countries ...

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    • Over 2,000 Eggs & Embryos Damaged After Temperature Error in Fertility Clinic

      Nearly 2,000 frozen eggs and embryos stored at University Hospitals Ahuja Medical Center in Cleveland may not be usable. This is after temperatures in a storage bank recently rose too high to keep the ...

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    • Children with Birth Injuries & Cost of Raising Them

      If your child has been born with a birth injury , you must be aware that raising them will be far more expensive than raising a child without a birth injury. Medical insurance and coverage will only ...

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    • Long-Term Effects of Brain Injuries

      Traumatic brain injury (TBI) is often catastrophic and life-altering, resulting in long-term consequences. Although the effects are quite difficult to predict, there is a high likelihood of some type ...

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    • The Cost of a Brain Injury

      Traumatic brain injuries (TBI) are one of the most severe wounds a person can suffer and often require extensive or even lifelong medical care. The Centers for Disease Control and Prevention (CDC) ...

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    • Traumatic Brain Injury Information You Should Know

      According to information and statistics gathered by the Centers for Disease Control and Prevention (CDC), around 2 million Americans will suffer a traumatic brain injury ( TBI ) each year. Half of ...

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    • Uninsured Motorist & Underinsured Motorist Coverage

      Uninsured motorist (UM) and underinsured motorist (UIM) insurance coverage can provide much-needed security to accident victims in a number of situations when the at-fault driver’s insurance is ...

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    • What Happens if Your Uber Driver Gets Into a Crash?

      Many people use Uber for their transportation needs, but few have probably given much thought about what happens if their Uber driver is involved in a crash. This scenario presents a number of ...

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    • Self-Driving Car Kills Woman in Arizona

      A woman pedestrian was struck and killed by a self-driving Uber car on Sunday night in Tempe, Arizona. This is believed to be the first fatality caused by a self-driving car. Of particular interest is ...

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    • An Attack on Children

      In our last blog, we told you that proposed H.R. 1215, if passed by Congress and signed into law by the President, would prevent victims of medical negligence, including infants and children, from ...

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    • Judge Allows Class Action Against State Farm for Secret Involvement in Supreme Court Race

      A common complaint that we hear from people involved in car accidents is that the insurance company is using aftermarket or generic parts to repair their vehicle. For good reason, many people feel ...

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    • Ohio Court Orders DuPont to Pay Millions in Teflon Cancer Case

      An Ohio man has recently been awarded a jury verdict victory against DuPont after he sued them for causing his testicular cancer. The man’s lawsuit claimed that DuPont’s negligence and that of its ...

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    • Arbitration Clauses: The Golden Ticket for Corporations

      Grab a copy of a contract you have recently gotten from a business or corporation, and give it a quick look. Do you notice anything wrong? Probably hard to say, since most corporate contracts are ...

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    • Widow Takes L Brands to Court over Stock

      Kenneth Breckler lived a remarkable life that wove deeply into the fabric of central Ohio. Kenneth graduated from St. Mary's High School in German Village before attending the Ohio State University, ...

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    • Dwindling Damage Caps

      As we have previously addressed on the blog , legislatively adopted caps on damages in civil lawsuits can have a devastating impact when a victim of negligence seeks to obtain fair compensation for ...

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    • The Danger of Damage Caps

      Product liability law has long served a warning system alerting consumers to dangerous products and initiating necessary changes in various industries. When an individual is seriously hurt by a flawed ...

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    • Undermining the Jury...

      The American jury system is the greatest form of justice ever devised by mankind. In fact, juries are probably the most democratic aspect of our Constitution. There is no other part of our ...

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    • Automotive Seat Failures May Put Children at Risk

      It is common advice to new parents that the best place for a young child is in the back seat of a vehicle. However, many adults may not know that placing children behind an occupied seat may place ...

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    • Another Drive Death Caused by Defective Takata Airbag in Ford Ranger

      South Carolina resident Joel Knight was killed in late December 2015 when his defective Takata airbag exploded into shrapnel after he crashed into wandering cattle. The Ford Ranger he was driving at ...

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    • Product Liability and Car Accidents

      Car accidents always involve two more drivers, right? Not necessarily. When car manufacturers fail to maintain product standards and let defective or otherwise dangerous parts hit the market, they put ...

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  • FAQ
    • Help Bring Back Justice for the Common People

      For nearly 20 years, the Ohio Supreme Court has been packed with Justices who believe that it is most important to rule in favor of big corporations, pharmaceutical companies, and insurance companies. ...

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    • When Can I Sue for Medical Malpractice?

      Numerous studies conducted and collected by the Centers for Disease Control and Prevention (CDC) have determined that, year-over-year, about one-third of all deaths in United States will occur in some ...

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    • Traumatic Brain Injury Information You Should Know

      According to information and statistics gathered by the Centers for Disease Control and Prevention (CDC), around 2 million Americans will suffer a traumatic brain injury ( TBI ) each year. Half of ...

      Read More
    • F.D.A. Investigates Link Between Sleep Drugs and Car Accidents the Following Morning

      CAUTION: SLEEP AIDS AND OTHER NIGHTTIME MEDICATIONS MAY MAKE DRIVING THE NEXT DAY DANGEROUS Every night, millions of Americans take sleep aids like Ambien to help them go to sleep and millions more ...

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    • Truckers Resist Rules on Sleep

      This recent article from the New York Times http://www.nytimes.com/2014/06/17/business/truckers-resist-rules-on-sleep-despite-risks-of-drowsy-driving.html?module=Search&mabReward=relbias%3Aw&_r=0 ...

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    • Ohio Supreme Court reaffirms "Discovery Rule," allows CTE case brought by former Notre Dame football player to proceed

      One key issue for those harmed by the wrongful conduct of others to keep in mind is the impact that a statute of limitations can have on his or her case. These laws dictate the time window injured ...

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    • Help Bring Back Justice for the Common People

      For nearly 20 years, the Ohio Supreme Court has been packed with Justices who believe that it is most important to rule in favor of big corporations, pharmaceutical companies, and insurance companies. ...

      Read More
    • Rourke & Blumenthal Speaks Out on Behalf of Sexual Assault Victim

      A mental health worker accused of sexually assaulting a young boy has a long, troubled history with children. In June, 33-year-old Matthew Gatton turned himself into Westerville Police after being ...

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    • Arbitration Clauses: The Golden Ticket for Corporations

      Grab a copy of a contract you have recently gotten from a business or corporation, and give it a quick look. Do you notice anything wrong? Probably hard to say, since most corporate contracts are ...

      Read More
    • Beware of Mandatory Arbitration Agreements

      Terms and Conditions Contracts. You know, the kind that we all "sign" almost daily by clicking "yes" when we shop online, sign up for a new credit card, download software, or enter into a cell phone ...

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    • Forced Arbitration -- Here is how it hurts you...

      Most people have never heard of forced arbitration. Yet nearly everyone has entered into contracts or agreements that contain forced arbitration clauses in the fine print, such as credit card ...

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    • Sleeping Fan's Lawsuit Against MLB is a Snoozer...

      By now you have probably heard about the lawsuit filed by the fan who was caught sleeping during a Yankees-Red Sox game. If not, here is a Yahoo Article about the lawsuit. ...

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    • GM Recalls More than 4 Million Vehicles Due to Software Bug

      General Motors (GM) is joining the unfortunate trend of auto part failures and defects leading to large scale recalls. A “rarely occurring” software bug can switch off the safety features of several ...

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    • Documents Show General Motors Kept Silent on Fatal Crashes

      Documents obtained by the New York Times show that General Motors remained silent and was intentionally misleading regarding the sudden power loss defect in its vehicles that caused many fatal crashes ...

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    • General Motors Hid Critical Safety Information

      One of the best parts of being a trial lawyer is the ability to bring about positive safety changes which can save lives. Product defect cases are probably some of the best cases to influence change ...

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    • When Should You Hire a Personal Injury Lawyer?

      After being injured in any type of motor vehicle crash , one of the first questions that will come to your mind will be, “Should I hire a personal injury lawyer?” Hiring an attorney is an important ...

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    • A Car Insurance Tip from an Injury Lawyer

      One of the main goals of our blog is to provide people with quick access to useful legal information. Probably one of the most common tips that I give people related to insurance is to strongly ...

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    • Bicycle Dooring Accidents

      If you were riding your bicycle in Ohio and suffered an injury by a car door being opened, you may be wondering about your legal rights. These types of bicycle accidents often occur on roadway ...

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    • Rourke & Blumenthal Speaks Out on Behalf of Sexual Assault Victim

      A mental health worker accused of sexually assaulting a young boy has a long, troubled history with children. In June, 33-year-old Matthew Gatton turned himself into Westerville Police after being ...

      Read More
    • Five Victims of the Ohio State Fair Fire Ball Disaster Speak Out

      The attorneys at Rourke & Blumenthal are proud to be a part of the legal team representing the five most severely injured victims of the Ohio State Fair Fire Ball disaster. Specifically, we represent ...

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    • Is Texting & Driving Illegal in Ohio?

      Like other states throughout the nation, Ohio has laws in place that make texting while driving illegal for all ages. Drivers under 18 years old – also known as novice drivers – are prohibited from ...

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    • A Car Insurance Tip from an Injury Lawyer

      One of the main goals of our blog is to provide people with quick access to useful legal information. Probably one of the most common tips that I give people related to insurance is to strongly ...

      Read More
    • Great News for Ohio's Children!

      After compelling testimony by parents of children whose lives literally depend on benefits from the Ohio Bureau of Children with Medical Handicaps (BCMH) and hundreds of calls and emails from ...

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    • Things Insurance Adjusters Don't Tell You

      Anybody who has gone through the personal injury claims process will likely tell you that dealing with insurance adjusters can be incredibly frustrating. Not only is the paperwork confusing, but ...

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    • Rourke & Blumenthal Calls on Hospitals to Start Protecting Mothers

      The United States is the most dangerous place in the developed world to give birth. The fact that women who give birth in the United States are three to five times more likely to die than in countries ...

      Read More
    • Experts say there isn't a medical malpractice crisis

      There has been a lot of talk since the election about what will become of the Affordable Care Act (ACA) with the new Trump administration and Republican control of the Congress. Top Republicans are ...

      Read More
    • Hierarchy in Hospitals Causes Medical Malpractice, Not Prevents It

      Hospitals typically operate under an unofficial hierarchy of medical staff. Surgeons and doctors are placed at the top of the pyramid, with nurses, support staff, clerks, and orderlies down towards ...

      Read More
    • Experts say there isn't a medical malpractice crisis

      There has been a lot of talk since the election about what will become of the Affordable Care Act (ACA) with the new Trump administration and Republican control of the Congress. Top Republicans are ...

      Read More
    • Hierarchy in Hospitals Causes Medical Malpractice, Not Prevents It

      Hospitals typically operate under an unofficial hierarchy of medical staff. Surgeons and doctors are placed at the top of the pyramid, with nurses, support staff, clerks, and orderlies down towards ...

      Read More
    • Doctors That Cause Medical Malpractice More Likely to Repeat Errors

      By studying thousands medical malpractice settlements that were paid to plaintiffs between 2005 and 2014, the New England Journal of Medicine uncovered one unsettling truth: a slim percentage of ...

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    • Nursing Home Abuse Lawsuits No Longer Need to Go Into Arbitration

      For more than a decade, nursing homes and assisted living facilities have been using mandatory arbitration clauses to hide potential lawsuits behind closed doors. Rather than allowing a dispute to go ...

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    • Recall of Adult Portable Bed Handles

      The Consumer Product Safety Commission has announced that adult portable bed handles manufactured by Bed Handles Inc. have been recalled due to entrapment and strangulation hazards. The bed handles ...

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    • Fire Ball Tragedy Makes Unfairness of Ohio Law Clear

      On August 6, 2017, Netherlands based KMG, the manufacturer of the Fire Ball ride that catastrophically failed, causing a death and several severe injuries, posted on its Facebook page that it has ...

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    • Great News for Ohio's Children!

      After compelling testimony by parents of children whose lives literally depend on benefits from the Ohio Bureau of Children with Medical Handicaps (BCMH) and hundreds of calls and emails from ...

      Read More
    • The Importance of Registering to Vote

      As legal practitioners, we at Rourke and Blumenthal have a keen interest in ensuring only the most qualified judges and leaders are elected to office. This will not happen unless our fellow Ohioans ...

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    • Recovering Pain & Suffering Damages in Injury Claims

      When you’ve been injured in an accident, the effects are usually far deeper than what the eye can see. Some people live with life-long psychological trauma and emotional effects that can impact every ...

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    • Common Symptoms of a Spinal Cord Injury

      Impacts from car accidents or tumbles from slip and fall accidents can seem to be quite minor initially but there may be a much more serious spinal cord injury going mostly unnoticed. If you are ...

      Read More
    • Developments in Medicine for Paralysis Patients

      Rourke & Blumenthal has represented many clients over the years who have suffered horrific injuries, including paralysis. Part of our job in these cases is to work with top notch doctors to develop a ...

      Read More
    • How to be a Patient Advocate for Your Loved One

      Imagine yourself in a situation where a family member or loved one has fallen critically ill and is looking at a prolonged hospitalization. The outcome is uncertain. The doctors may not even have a ...

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    • Why are Doctor Sex Abuse Cases So Difficult to Discover?

      In a groundbreaking investigation, The Atlanta Journal-Constitution (AJC) researched more than 100,000 medical records, documents, medical board orders, and other related reports to determine how many ...

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    • What are the Basic Requirements to File a Medical Malpractice Claim?

      The consequences of being hurt by your doctor, physician, pharmacist , or another medical professional is not something you are going to have to prove to yourself, but you will need to prove it to the ...

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    • When Should You Hire a Personal Injury Lawyer?

      After being injured in any type of motor vehicle crash , one of the first questions that will come to your mind will be, “Should I hire a personal injury lawyer?” Hiring an attorney is an important ...

      Read More
    • How to Keep Motorcyclists Safe on the Road

      At Rourke & Blumenthal , we know firsthand the devastation of motorcycle crashes and how the behaviors of other drivers on the road can cause them. While we cannot predict how others will drive, we ...

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    • Bicycle Dooring Accidents

      If you were riding your bicycle in Ohio and suffered an injury by a car door being opened, you may be wondering about your legal rights. These types of bicycle accidents often occur on roadway ...

      Read More
    • Preexisting Injuries in Personal Injury Cases

      Accidents can happen at any time. In fact, some people have probably had a few accidents and suffered multiple injuries at some point in their lives. But does having a preexisting condition or injury ...

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    • Too Little Too Late: Bayer Announces it Will End Essure Sales in the United States

      On July 20, 2018, Bayer announced it will be discontinuing the sale of the Essure birth control implant by the end of the year. All we can say at Rourke & Blumenthal is ‘what took you so long?’ Since ...

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    • Contaminated Devices Putting Open-Heart Surgery Patients at Risk

      People who have had open heart surgery since January 1, 2012 may be at risk of potentially deadly infections. The Centers for Disease Control and Prevention (CDC) has issued a health alert notice ...

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    • 8 Million Cuisinart Food Processors Recalled After Blades Chip in Food

      If you own a Cuisinart food processor that you bought between July 1996 and December 2015, don’t use it until you read this blog. Following a voluntary recall from product manufacturer Conair on ...

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    • Undermining the Jury...

      The American jury system is the greatest form of justice ever devised by mankind. In fact, juries are probably the most democratic aspect of our Constitution. There is no other part of our ...

      Read More
    • Fire Ball Tragedy Makes Unfairness of Ohio Law Clear

      On August 6, 2017, Netherlands based KMG, the manufacturer of the Fire Ball ride that catastrophically failed, causing a death and several severe injuries, posted on its Facebook page that it has ...

      Read More
    • Automotive Seat Failures May Put Children at Risk

      It is common advice to new parents that the best place for a young child is in the back seat of a vehicle. However, many adults may not know that placing children behind an occupied seat may place ...

      Read More
    • Traumatic Brain Injury Information You Should Know

      According to information and statistics gathered by the Centers for Disease Control and Prevention (CDC), around 2 million Americans will suffer a traumatic brain injury ( TBI ) each year. Half of ...

      Read More
    • 5 Common Holiday Accidents and How to Avoid Them

      The holiday season is finally upon us. While most people are preparing to spend time with family and friends, finalizing travel plans, shopping for gifts, and festively decorating their homes, it is ...

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    • 3 Tips for an Injury-Free Winter

      The winter months typically bring a noticeable spike in the number of personal injury claims. Car accidents and slip and fall accidents are more likely to occur during this time of year, making it ...

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    • Common Symptoms of a Spinal Cord Injury

      Impacts from car accidents or tumbles from slip and fall accidents can seem to be quite minor initially but there may be a much more serious spinal cord injury going mostly unnoticed. If you are ...

      Read More
    • New Law Helps Victims Against Their Own Insurance Companies

      The rights of Ohio citizens harmed by the negligence of others to obtain due compensation for their injuries have been dwindling over the course of the past two decades. Tort reform measures such as ...

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    • Subrogation Nation

      A personal injury lawyer from Rourke and Blumenthal explains why Ohio accident victims should understand insurance subrogation. John Smith is in a car crash caused by an uninsured driver . John is ...

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    • Rourke & Blumenthal Attorneys Recognized by Super Lawyers

      Rourke and Blumenthal is proud to announce that Mike Rourke , Ken Blumenthal , Rob Miller and Tim Mahler have all been recognized by Super Lawyers for excellence in the practice of law. Mike Rourke, ...

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    • Ohio Supreme Court Backs Damage Caps, Even in Child Sex Abuse Cases

      A recent affirmation from the Ohio Supreme Court is catching national attention due to its impact on a child sex abuse case. Several years after a 15-year old girl was raped by her pastor, an injury ...

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    • Ohio Supreme Court to hear appeal by victim in church sexual abuse case

      The Ohio Supreme Court will hear oral arguments on December 15, 2015 in the victim's appeal of Simpkins v. Grace Brethren Church , a civil case centered on the repeated sexual assault of a young girl ...

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    • Developments in Medicine for Paralysis Patients

      Rourke & Blumenthal has represented many clients over the years who have suffered horrific injuries, including paralysis. Part of our job in these cases is to work with top notch doctors to develop a ...

      Read More
    • Protect Against Government Intrusion on Your Rights

      The right to a trial by jury is one of the most sacred rights provided to us by the Constitution. Rourke & Blumenthal has always believed that a jury of our peers should decide a dispute after hearing ...

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    • Ohio Tort Reform Used to Protect a Rapist

      Our blog has dedicated a number of posts to the inherent unfairness created by the damage cap provisions included as part of “tort reform” legislation in the early 2000’s. These limits on noneconomic ...

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    • Breakdown of Federal Trucking Regulations

      Accidents involving massive commercial trucks are among the most fatal on the road. Average automobiles may be unable to withstand the power, weight, and momentum of a semi-truck. To decrease the ...

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    • Speed Limiters on Commercial Trucks Will Save Lives, Concludes Study

      Virginia Tech Transportation Institute (VTTI) and the American Transportation Research Institute (ATRI) have been looking at data old and new to determine if speed limiters in commercial trucks could ...

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    • How Truck Accident Cases Vary From Car Accident Claims

      Truck accidents and car accidents may both include motor vehicles but the claims or lawsuits that surround them can vary significantly. In particular, evidence necessary to win a case and liability – ...

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    • Ken Blumenthal Secures Large Settlement in Medical Malpractice Case

      Rourke and Blumenthal are pleased to announce that Attorney Kenneth S. Blumenthal has recently closed a successful medical malpractice case for our client, resulting in a settlement of $800,000. The ...

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    • Standing Up to Medical Errors in America

      Many would be shocked to read this statistic: nearly 200,000 Americans die each year due to medical errors . This is the 3 rd leading cause of death in the United States, following heart disease and ...

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    • R&B Obtains a $1.3 million Verdict in Death Case

      The attorneys at Rourke and Blumenthal have obtained a $1.3 million verdict in a Hamilton County medical malpractice/wrongful death case. The case, Peters, et al. v. Drosick, et al. , stems from the ...

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