Wrongful Death

The Battle for Data: How Courts are Tackling the Discoverability of Cell Phones in Litigation

Published on: March 31, 2021 | by Hollis Wright

by HWC Partner Michael Eldridge

Over the past two decades, the cell phone has evolved into a vital extension of our daily lives. The smartphone is now how we respond to emails, listen to music, surf the Internet, take photographs, buy groceries, make dinner reservations, and much, much more. All this use creates an enormous amount of data about us. What most of us might not realize, however, is that all of this forensic evidence is stored right inside our device.

In recent years, parties in litigation regarding motor vehicle collisions have battled over the discoverability of this forensic evidence. The battle centers on two competing interests. The need to uncover relevant evidence versus a person’s right to privacy. As it relates to the former, it is unquestionable that cell phone evidence could lead to the discovery of important evidence. According to the nonpartisan Pew Research Center, as of early 2018, 95% of adults in the United States owned a cell phone,¹ 77% of which owned a smartphone.² What has grown alongside these astonishing ownership rates is device capabilities. Smartphones today have what seems like infinite capabilities, which creates an infinite number of distractions. According to the National Safety Council, 25% of highway crashes in the United States are caused by distractions from the use of cellular phones and/or smart devices.³

Proton Pump Inhibitor (PPI) Claims Granted Multidistrict Litigation (MDL)

Published on: August 10, 2017 | by Hollis Wright

The U.S. Judicial Panel (JPML), a separate body within the Federal Court System, has granted the plaintiff’s second motion for consolidating Proton Pump Inhibitor (PPI) drug claims to Multidistrict Litigation (MDL). This allows the plaintiffs to consolidate the cases that allege PPI drugs caused kidney disease in those who used them. The benefit for plaintiffs is that the consolidated action will expedite the overall process, prevent duplicate discovery, and reduce a backlog in the court system.

The PPI drugs at issue include four prescription drugs: Prilosec, Nexium, Protonix, and Dexilant; and three over-the-counter drugs: Prilosec OTC, Prevacid 24-hour, and Nexium 24-hour. Plaintiff’s allege these PPIs cause kidney injuries, which include acute interstitial nephritis, chronic kidney disease, and end-stage renal disease. This type of drug first received FDA approval in 1989.

The suits, citing a host of studies, claim the manufacturers of the PPI drugs (the defendants) should be held liable and accountable for the damage caused to patients while taking said drugs. Furthermore, the defendants should take financial responsibility for failing to warn consumers of the potential health issues related to PPIs.

Fires and Burn Injuries

Published on: March 9, 2017 | by Hollis Wright

Fires are a leading cause of burn injuries, death and property damage in the United States and in the world. According to the World Health Organization, some 265,000 people die worldwide due to fire-related incidents. Lower-income areas are more prone to fire accidents, injuries and deaths than higher-income demographics. In the same vain, lower-income countries see far more fire-related deaths than the United States.

The American Burn Association in 2016 recorded 486,000 burn incidents in the United States that required medical attention, 3,275 of which resulted in fire or smoke inhalation deaths. Some 40,000 Americans are hospitalized each year due to burn injuries, 30,000 of those are admitted to specialized burn units. Most burns, a whopping 73 percent, in the U.S. result from in-home accidents. And while most burns are a result of fire or flame, many occur due to scalding, contact, chemicals, and electrical episodes.

If you are burned, the American Burn Association indicates the following:

Can you be liable for texting the driver of a vehicle?

Published on: June 7, 2016 | by Hollis Wright

Everyone has seen the advertising campaigns geared against texting and driving. Moreover, numerous states have enacted legislation which makes it illegal to text on your phone while you drive. While those ads and laws have certainly helped curb distracted driving on our roads, is their focus too limited? Should we consider not only the conduct of the person receiving the text, but also the conduct of the person sending the text?

The Ruling

In a recent opinion from the New Jersey Court of Appeals, three judges agreed with the general proposition that you can be liable if you text someone who you know is driving a vehicle and that person is subsequently distracted and gets into a wreck. In September 2009 a young man was driving down the road as he and his girlfriend were exchanging text messages. The plaintiffs, a married couple, were driving in the opposite direction on their motorcycle. As the young man drove down the road, he became distracted from the flurry of text messages and he allowed his truck to drift across the double center line and hit the plaintiffs’ motorcycle head-on. Seventeen seconds elapsed from when the young man received the last text message until he dialed 911 to report the incident.