Michael Phelan and Jonathan Petty | Virginia Trial Attorneys

Legal Examiner Blog

Americans’ rights under attack

March 13 / 2017, by Michael Phelan
Posted in Legal Examiner

Have you ever read the Seventh Amendment to the Constitution?  It says “the right of trial by jury shall be preserved.” (emphasis added).  Wouldn’t it be great if our elected officials were as concerned with preserving consumers’ Constitutional right to […] Continue reading

Facts about E-Cigarette Explosions

February 09 / 2017, by Michael Phelan
Posted in Legal Examiner

E-cigarettes or electronic vaporizers are battery-powered devices that simulate tobacco smoking by producing a heated vapor. According to an October 2014 article by the U.S. Fire Administration entitled, <em>Electronic Cigarette Fires and Explosions</em>, E-cigarettes were first patented in 2003 and […] Continue reading

E-Cigarette Explosions

December 22 / 2016, by Michael Phelan
Posted in Legal Examiner

According to the U.S. Food and Drug Administration, at least 66 e-cigarette batteries have exploded since 2015. The FDA is currently reviewing e-cigarette explosions, but has yet to take action. Recently, New York Senator, Chuck Schumer, asked the FDA and […] Continue reading

Stryker Hip Recall

December 20 / 2016, by Michael Phelan
Posted in Legal Examiner

Why is the Stryker V40 femoral head subject to Recall and Hazard Alert? Stryker LFIT Anatomic CoCr V40 femoral heads are modular components  used in total hip replacement surgeries.  This product is the subject of recall and hazard alert because […] Continue reading

Stockert 3T Heater-Cooler Device – Infectious Diseases

December 13 / 2016, by Michael Phelan
Posted in Legal Examiner

The Stockert 3T heater-cooler device, which is used to regulate body temperature during certain surgeries, has been linked to a dangerous microorganism that can cause infections and death. The Stockert 3T heater-cooler system is used to regulate a patient’s body […] Continue reading

Justice Against Sponsors of Terrorism Act (JASTA)

September 28 / 2016, by Michael Phelan
Posted in Legal Examiner

The Senate voted overwhelmingly today to override President Obama’s veto of JASTA. Senators voted 97-1 to override the veto.  The lone “no” vote was cast by Harry Reid.  The House vote on the president’s veto is expected later today.  If […] Continue reading

Almost 100 Hepatitis A Cases Linked to Tropical Smoothie

September 09 / 2016, by Michael Phelan
Posted in Legal Examiner

The number of hepatitis A cases linked to contaminated frozen strawberries served by Tropical Smoothie Cafe’ seems to grow daily.  The number is now up to 100, with at least 80 Virginia residents reported to have contracted hepatitis A after […] Continue reading

55 Cases of Hepatitis A in VA Linked to Tropical Smoothie

September 01 / 2016, by Michael Phelan
Posted in Legal Examiner

The Virginia Department of Health confirmed Wednesday that 55 Virginia residents have tested positive for hepatitis A associated with the contaminated <a href=”http://www.richmond.com/news/virginia/article_1f7797f0-e31e-56c0-9e67-1d5f490a0abc.html”>Tropical Smoothie Café</a> strawberries from Egypt, including six from the Central Region, which includes Richmond. An official with […] Continue reading

Why are E-Cigarettes Blowing Up?

July 29 / 2016, by Michael Phelan
Posted in Legal Examiner

Before any of you vaping fanatics get all fired up (pun intended) about this post, watch this You Tube video – <a href=”https://www.youtube.com/watch?v=k1LjSuq0rk8″>E-Cigarette Explodes in Man’s Pocket</a>. The poor guy is simply trying to pay for something at the Shell […] Continue reading

Virginia now has a Discovery Rule for Medical Device Cases

July 28 / 2016, by Michael Phelan
Posted in Legal Examiner

“In products liability actions against parties other than health care providers…for injury to the person resulting from or arising as a result of the implantation of any medical device, [the cause of action shall be deemed to accrue] when the person knew or should have known of the injury and its causal connection to the device.” Continue reading