Class Action Article

  • Physiomesh Hernia Mesh Lawyers: Physiomesh Hernia Mesh lawyers are filing Hernia Mesh lawsuits for your failed Physiomesh used to repair your hernia. Ethicon voluntarily withdrew the Physiomesh from the  market in May of 2016  after independent studies revealed high rates...

Class Action News

  • Stryker Femoral Heads Hip Replacement Lawyers: Stryker V40 Taper Hip Replacement Lawyers Stryker Hip Replacement Lawyers Hip Implant lawyers are filing hip replacement lawsuits for V40 Femoral head failure in the Stryker Hip Implant. In August 2016, Stryker contacted implanting physic...

Drug Class Actions

  • Taxotere Lawyers for Permanent Hair Loss: Taxotere Baldness Lawyers For  Permanent Hair Loss Lawsuits Have you received Taxotere for breast cancer? Taxotere can result in hair loss or baldness  that is permanent. Taxotere  is a chemotherapy drug used for the treatment of breas...

Medical Device Lawsuits

  • File An IVC Filter Lawsuit: Our IVC Filter lawyers are filing IVC Filter lawsuits for injury and Death from a fractured migrating IVC Filter part. The IVC Filters, also known as blood clot filters, Blood Clot Capture Filters and Inferior Vena Cava Filters, are implant...

EL Faro Lawyers File Survivor Lawsuits For Victims

Wrongful Death Of The El Faro Crew Will the  company contend that DOHSA provides the exclusive remedy by which the survivors can have recovery against it for the wrongful death of their husbands? In other cases  the Supreme Court reversed the decision of the appellate court and remanded for further proceedings. Because the fatalities underlying this suit did not arise from an accident in the area covered by the Outer Continental Shelf Lands Act, 43 U.S.C.S. § 1331 et seq., but rather occurred on the high seas, DOHSA controlled. Section 7 of DOHSA acted as a jurisdictional saving clause, and not as a guarantee of the applicability of state substantive law to wrongful deaths on the high seas. On that basis, it was determined that the relevant state wrongful death statutes were preempted by DOHSA where DOHSA applied. Two Laws Apply The families of crew members could sue the El Faro owner TOTE Maritime under two different federal laws. Both  the Jones Act and the Death on the High Seas Act can apply.  Jones Act Lawsuit Under the Jones Act a plaintiff must prove negligence on the part of an employer or because of the unseaworthy condition of the ship. In Order To Proceed Relatives, including spouses and parents of  crew members must  first go to the probate court in the location which the crew member lived and file a petition to become the personal representative of the deceased. Probate judges most often accept letters sent by the U.S. Coast Guard stating their loved ones’ remains were not recovered as proof of death, Welte said. The court then issues a declaration of death, after which, a lawsuit can be filed. This lawsuit comes under Maritime injury law and is not a typical personal injury-wrongful death lawsuit. If you lost a loved one in the El Faro sinking you will need to hire a lawyer experienced in Maritime injury law.