Frischhertz & Impastato New Orleans Personal Injury Lawyers | Metairie Car Accident Attorney2026-05-19T20:47:02Zhttps://www.frischhertzlaw.com/feed/atom/WordPressOn Behalf of Frischhertz & Impastato<![CDATA[Medical device recalls explained: What recalls mean, how they are classified, and what patients should do]]>https://www.frischhertzlaw.com/?p=500012026-05-19T20:47:02Z2026-05-19T20:47:02Z of a medical device recall can cause alarm. Many recalls involve labeling updates, software or targeted device corrections. A recall does not automatically mean a device caused harm but it does signal that a manufacturer or the FDA identified a problem that needs action to reduce risk.
What a medical device recall means
An FDA “recall” covers a range of actions: removing a product from the market, correcting it in the field, updating instructions or adding warnings. Some notices involve implants, home-use devices, hospital equipment, test kits or device software. The key is the risk assessment behind the recall, not the word itself.
Class I: reasonable probability of serious injury or death
Class II: temporary or medically reversible harm potential, serious harm possibility
Class III: unlikely to cause harm, product violates FDA rules
These focus on health risk.
Why recalls happen, common triggers
Recalls often start with complaints, adverse event reports, inspection findings, postmarket studies or internal quality testing. Common triggers include:
Design flaws causing breakage, overheating, inaccurate readings, unexpected drug delivery
Sterility failures, packaging defects, contamination, expiration dating errors
Labeling issues such as wrong instructions, missing warnings, incorrect compatibility lists
These issues can affect performance, safety or clinical decisions. Some problems require a return or involve a clinic visit for reprogramming or replacement while others require patient monitoring only.
What patients, caregivers should do after a recall notice
Do not panic. Do act promptly. A recall notice should trigger a structured response. The following list can help you address the issue:
Confirm the exact product: brand, model, lot number, serial number
Follow the manufacturer instructions in the notice, then contact the prescribing clinician
Do not stop essential therapy without medical guidance, especially implants, cardiac devices, insulin pumps
Ask for specific risk guidance: symptoms to watch, alternative options, replacement timeline
These steps protect health, preserve accurate records and reduce confusion during follow-up care.Medical device recalls reflect risk management, not automatic catastrophe. Understanding FDA recall classes, recognizing common triggers, taking disciplined next steps can help patients and caregivers respond confidently and coordinate safely with clinicians.]]>On Behalf of Frischhertz & Impastato<![CDATA[Who pays after a dockworker suffers a brain injury?]]>https://www.frischhertzlaw.com/?p=500002026-05-12T15:59:19Z2026-05-12T15:59:19ZA dock accident can change a family’s life before the shift is over. A worker may fall from equipment, get struck by cargo or suffer a violent blow during loading operations. When that injury affects the brain, the question is not just how the accident happened. It is also how the worker will pay for care, missed income and the long road ahead.
For many dockworkers, the answer may start with federal maritime law.
Why dockworker brain injuries are different
A traumatic brain injury can affect memory, balance, speech, mood, concentration and the ability to work. The Centers for Disease Control and Prevention lists symptoms such as headaches, dizziness, balance problems, vision problems, confusion, memory problems and changes in mood or sleep. That matters because a brain injury may not look obvious at first. A worker may seem alert after the accident but struggle days later with headaches, light sensitivity or confusion. Those symptoms can make it harder to return to a job that involves heavy equipment, moving cargo, heights or fast decisions.For dockworkers in New Orleans and nearby ports, the legal path often depends on where the accident occurred and the type of maritime work the person performed.
The Longshore Act may cover medical care and wages
Many dockworkers, longshoremen and harbor workers may fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The U.S. Department of Labor explains that this law provides medical benefits, wage compensation and rehabilitation services for covered employees injured during maritime work on navigable waters or in adjoining areas, provided they meet specific “status” and “situs” requirements. This can include workers hurt while loading, unloading, repairing or building vessels in areas connected to navigable waters. The details matter, though. A worker’s job duties and accident location determine whether the Longshore Act applies.That distinction matters because dockworkers, longshoremen, harbor workers and vessel crew members may have different rights after a maritime injury. A longshoreman injured on a dock may have a claim under the LHWCA, while a seaman hurt on a vessel may have remedies under the Jones Act.
Other parties may also share responsibility
Longshore benefits may not be the only possible source of recovery. In some cases, another company may have helped create the danger. That could include a vessel owner, equipment contractor, cargo company or another business working at the port.Possible safety problems may include:
Unsafe cargo handling
Defective equipment
Poor lighting
Missing warnings
Slippery walking surfaces
Bad communication between crews
These facts can matter because brain injury costs often go beyond the first hospital visit. A worker may need neurological care, therapy, medication, vocational support and help with daily life.
A serious injury needs early documentation
After a brain injury, records can become just as important as memory. Medical notes, witness names, incident reports, photos and employment records can help show what happened and how the injury changed the worker’s life.Dockworkers are used to pushing through pain. With a head injury, waiting can make both health and legal issues harder. Getting medical care, reporting symptoms clearly and preserving accident details can help protect the worker’s options while the family focuses on recovery.]]>On Behalf of Frischhertz & Impastato<![CDATA[Can you still sue if a restaurant offers a refund?]]>https://www.frischhertzlaw.com/?p=499992026-04-20T09:30:48Z2026-04-20T09:30:48ZProtecting your rights in Louisiana
Some businesses push for quick closure. They might ask you to sign a waiver or give a recorded statement and it is best to stay calm while you protect your family. Before you sign anything, pause and think through your full medical picture. Consider that symptoms evolve over days and lab tests often take time to reveal the specific bacteria.
In Louisiana, you must act with the law in mind. Recent changes to state law now give you a longer window. You generally have two years from the date of the incident to file a lawsuit. This deadline remains strict. If you wait too long, you lose your right to seek justice forever.
Steps to take after a severe illness
If the restaurant or insurer contacts you, follow these steps to keep your options open:
Ask for every offer and term in writing
Decline recorded statements until you speak with a lawyer
Keep your receipts and photos of the food
Save all medical records and bills from the hospital
Report the incident to the Louisiana Department of Health
These actions ensure you have the evidence needed to prove the restaurant caused your illness.
Why documentation matters for your family
Big restaurant groups follow formal safety rules. The Louisiana Department of Health reviews food handling and sanitation. When a business fails these rules, internal reports often exist. You do not need to argue with staff about those records. Instead, you can document what happened. Your legal team will request the files the right way.
Remember that a gift card cannot pay hospital bills. You must put your health first. Food quality must stay consistent for everyone. Your family deserves more than a quick offer that closes the door on your recovery. Having a legal professional to discuss your specific situation will save your life before time runs out.]]>On Behalf of Frischhertz & Impastato<![CDATA[Can a household product defect lead to a wrongful death claim?]]>https://www.frischhertzlaw.com/?p=499982026-03-26T14:00:34Z2026-03-26T14:00:34ZHow Louisiana defines dangerous products
State law requires you to prove the product was "unreasonably dangerous." You must show the item had a specific flaw that made it unsafe during "reasonably anticipated use." In Louisiana, this means proving the manufacturer failed in one of four specific areas:
Composition or manufacture: The specific item had a mistake that made it different from identical products off the line.
Design defects: A safer alternative design existed that would have prevented the tragedy.
Inadequate warning: The company failed to provide clear labels about known dangers or proper usage.
Breach of express warranty: The product did not live up to a specific, written promise the manufacturer made about safety or performance.
These categories represent the only legal pathways to hold a manufacturer liable. Proving these flaws requires technical evidence and a deep understanding of state-specific legal hurdles.
Searching for answers after an accident
Government agencies like the Consumer Product Safety Commission track thousands of deaths linked to defective products. Reports show that even "trusted" brands put flawed items on the market. When a family member dies, the lack of corporate accountability only increases the pain.
The legal process addresses this by gathering evidence of the specific defect. This work includes:
Preserving evidence: Experts examine the product's remains for evidence of mechanical or electrical failures.
Researching history: Investigators review company records for previous safety complaints or internal test failures.
Testing alternatives: Engineers verify if a safer design was available at the time of manufacture.
Monitoring deadlines: Lawyers ensure you file your claim within Louisiana's strict one-year "prescriptive period."
Uncovering these facts helps ensure that other families do not suffer the same fate. Successful claims also allow eligible survivors, typically spouses, children or parents, to recover costs for medical bills and funeral expenses.
Skilled legal guidance is vital
Product liability cases involve complex rules that often favor large corporations with deep pockets. These companies hire teams of lawyers to argue that the user, not the product, caused the accident. Because the LPLA is the "exclusive remedy" in Louisiana, you cannot use general negligence claims to win your case.
Skilled personal injury attorneys work with specialized experts to provide your family with the resources to stand up to a manufacturer and seek a fair outcome. Hiring an experienced attorney who understands these complicated statutes is the only way to level the playing field.]]>On Behalf of Frischhertz & Impastato<![CDATA[3 common types of injuries in the maritime industry]]>https://www.frischhertzlaw.com/?p=499962026-03-12T00:52:15Z2026-03-12T00:40:48ZBurn injuries
A seaman can suffer from a serious burn injury when their skin gets exposed on hot fluid, steam, chemicals and fire. These types of workplace accidents can arise from cleaning high-temperature tanks, working in machinery spaces and mishandling flammable materials.
Burn injuries are painful and may come with swelling, blisters, skin color changes and peeling.
Back injuries
Navigating at sea means working under extreme weather conditions. Wet or oily decks, uneven surfaces and loose equipment are common surface hazards that can cause slipping and tripping accidents.
When a seaman falls hard on their back, it can cause muscle strains and sprains, spinal fractures, herniated discs or paralysis.
Repetitive motion disorders (RMD)
Seamen can develop RMDs from performing repetitive motions of labor such as handling vibrating tools, lifting heavy objects and continuous pulling and pushing. Depending on the level of overexertion, RMDs can cause short-term or long-term damage to the soft tissues in their bodies and compression of nerves.
How seamen can seek compensation for their injuries
Under the Jones Act, seamen who are injured on seagoing vessels from an act of negligence may file a legal claim for their medical bills, lost wages (past and future) and pain and suffering. However, a key component of their claims process includes showing that their employer’s negligence played a minor role in their accident.
By reporting their injury and collecting evidence, they can file a lawsuit within the three-year deadline and pursue the compensation that they deserve.]]>On Behalf of Frischhertz & Impastato<![CDATA[Do maritime laws apply to inland water injuries?]]>https://www.frischhertzlaw.com/?p=499942026-02-06T15:36:49Z2026-02-06T14:38:55ZWhen maritime law applies on inland waters
Maritime law does not stop at the shoreline. It focuses on the type of work you perform and your role on the job, not just where the injury occurred. Inland marine workers may qualify for maritime protections because their jobs support vessel operations and navigation. Maritime law may apply to inland water injuries when:
You spend a significant amount of time working on a vessel
The vessel operates on navigable inland waters such as rivers or canals
Your duties support the vessel’s purpose or daily operation
The injury happens during vessel-related work
Rivers and inland waterways play a major role in Gulf Coast commerce. Tugboats, barges and work vessels move cargo through these routes every day. If you were injured in one of these environments, maritime law may still apply even if you never go offshore. This distinction matters because maritime claims can offer different protections than state workers’ compensation systems.
How inland maritime claims differ
Inland maritime claims differ from land-based injury claims because they focus on a worker’s connection to a vessel rather than the job site alone. State workers’ compensation usually limits benefits and offers only partial wage replacement, even when an injury affects long-term earning ability. Maritime claims place greater weight on how an injury affects your ability to earn a living on the water.
These claims look closely at the your role and vessel involvement, along with the employer’s safety practices. When an injury ends a maritime career, maritime law allows consideration of long-term financial and work-related impact in ways land-based systems may not.
Employers and insurers may dispute whether maritime law applies to an inland injury. Clear records showing vessel work and job responsibilities help establish the proper legal framework.
What injured inland workers should know
Getting an injury on inland waters does not automatically place a worker outside maritime law. What matters is how your work connects to vessel operations, not just the location of the accident.
Different laws offer different protections, and early assumptions about which one applies can limit available benefits. Legal guidance can help make sense of the options after a serious injury. Understanding how maritime law views inland work can help you and your family move forward with clearer expectations.]]>On Behalf of Frischhertz & Impastato<![CDATA[2 common injuries seen in serious truck accidents]]>https://www.frischhertzlaw.com/?p=499932026-01-15T07:06:17Z2026-01-15T07:06:17ZHow internal damage can affect your body
The sheer force of a truck collision can cause devastating harm to your body, even when there are no visible wounds on the outside. Medical professionals call this blunt force trauma, which occurs when your body strikes objects, is compressed by safety gear or experiences rapid deceleration.
Your internal organs are particularly vulnerable in high-speed accidents.. The liver, spleen, kidneys and lungs can all suffer tears, bruising or rupture.
But one of the most dangerous aspects of internal injuries is that symptoms may not appear immediately. You might feel fine after an accident, only to develop serious complications hours or even days later.
Why burn injuries can be so devastating
Burn injuries in truck accidents can occur in the following ways:
Thermal burns happen when you come into contact with flames, hot metal or scalding fluids released during a crash.
Chemical burns may result if the truck was carrying hazardous materials that leak onto your skin.
Electrical burns can occur if you come into direct contact with live wires or energized truck components exposed during the collision.
The American Burn Association (ABA) reports that motor vehicle fires account for approximately 680 fire-related deaths each year, and many more survivors face months or years of recovery. Burns from truck accidents tend to be especially severe because victims may become trapped in their vehicles or be unable to escape quickly due to other injuries.
What legal actions you can take
Louisiana law allows individuals injured by another party's negligence to seek compensation from multiple parties, including the truck driver, trucking company, cargo loaders or vehicle manufacturers.
It is important to understand that direct action limits generally prevent you from naming the insurance company directly in your lawsuit. Instead, you must bring your claim against the at-fault parties themselves.
When pursuing a claim, you may recover damages for medical expenses, lost wages and pain and suffering. The state now follows a pure comparative fault system, meaning that you can still receive compensation even if you share responsibility for the crash. However, this is only as long as you are 50% or less at fault.
Additionally, under the state's No Pay, No Play law, if you were driving without valid liability insurance at the time of the crash, you may be prohibited from collecting the first $100,000 of your injury and property damage claims.
The state typically allows two years from the date of an accident to file a personal injury lawsuit. Acting promptly can help preserve critical evidence such as driver logs, maintenance records and electronic data from the truck itself.]]>On Behalf of Frischhertz & Impastato<![CDATA[Severe injury from a crash with an uninsured driver: What to know]]>https://www.frischhertzlaw.com/?p=499902026-01-13T09:55:58Z2026-01-13T09:55:58ZWhat uninsured motorist coverage does after a serious crash
When the at-fault driver has no insurance, the injured party isn’t left wondering how they will pay for their recovery. The claim usually moves to their own auto policy through uninsured motorist coverage, also known as UM coverage. UM coverage steps into the place of the missing liability policy.
It can provide compensation tied directly to the crash, such as:
Medical treatment, surgery and rehabilitation costs
Lost wages and reduced future earning ability
Pain and suffering related to the injuries
Long-term care needs caused by permanent harm
UM coverage applies only if it exists on the policy and if the injured person follows specific notice and claim requirements. Even then, insurance companies review these claims closely, especially when injuries involve lasting disability.
What happens next when injuries are catastrophic
When injuries are severe, UM coverage becomes the main source of compensation. Because these claims involve the injured person’s own insurer, many expect easy cooperation. In reality, catastrophic injury claims receive intense scrutiny.
Insurers analyze medical records, treatment timing and how injuries affect daily life and future work. Brain injuries, spinal damage and permanent impairments raise concerns about long-term costs. As a result, insurers may question the extent of injuries or argue that some symptoms came from another cause.
Clear medical documentation and early action help show how the crash caused the harm and why UM coverage should apply. Without a strong connection between the accident and the injuries, insurers may limit or deny compensation even when coverage exists.
What injured drivers should understand
A crash with an uninsured driver does not mean zero compensation. In severe injury cases, compensation often comes from the injured person’s uninsured motorist coverage rather than the at-fault driver. These claims work differently than minor accident cases and require careful timing, strong medical documentation and a clear connection between the crash and the injuries.
Understanding this early helps injured people protect their recovery, their income and their family’s stability while avoiding missteps that can reduce the value of a serious injury claim.]]>On Behalf of Frischhertz & Impastato<![CDATA[How do offshore injury cases differ from onshore cases?]]>https://www.frischhertzlaw.com/?p=499882025-12-15T10:13:38Z2025-12-15T10:09:01ZIf you work along Louisiana’s coast or in the Gulf, the laws that may protect you after an injury can depend heavily on where the accident occurs and the type of work you do. Each system has different rules for liability, compensation and filing claims, which may influence what you could recover.
What federal laws protect offshore workers?
Offshore injuries usually involve two main federal laws: the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).The Jones Act generally protects seamen who spend a substantial amount of their working time—often at least 30% on a vessel in navigation. Unlike standard workers’ compensation, the law may allow qualifying you to seek compensation if their employer’s negligence contributed to their injury.If you do not meet the criteria to be considered a seaman, the LHWCA may cover you. Shipbuilders, dockworkers, harbor employees, shoreside workers and stevedores often fall under this law. The coverage may also extend to injuries that occur while you work on a vessel or offshore, even if you do not qualify as a seaman.
What types of offshore accidents might qualify under the LHWCA?
The LHWCA can cover a range of incidents, including:
Shipbuilding and repair accidents
Loading or unloading cargo or equipment
Slip or fall accidents on docks or vessels
Machinery and heavy equipment accidents
Injuries from defective tools or products
Construction accidents near maritime areas
The law may also cover occupational diseases linked to hazardous exposures. You usually need to file a claim within one year for traumatic injuries. For occupational diseases, the law may allow up to two years from the date you recognize the connection between your illness and your work.Liability under the LHWCA is generally limited to your employer, meaning you may not sue them for negligence. However, claims against third parties, such as vessel owners, might be possible if their actions contributed to the injury. The LHWCA can provide medical care, lost wages and rehabilitation, though the compensation may differ from what the Jones Act allows.
How are onshore injuries handled under Louisiana law?
For injuries that occur on land, Louisiana’s workers’ compensation system typically applies. It provides medical and wage benefits without requiring proof of fault. Like the LHWCA, onshore employees often cannot sue their employer directly for negligence.
Protecting your recovery options
Staying informed about federal and state protections can make a significant difference in what maritime injury compensation you may receive. Considering your work location, job duties and timing of the injury can help you with the claims process more confidently and avoid unnecessary setbacks.]]>On Behalf of Frischhertz & Impastato<![CDATA[How prescription medicine can cause health issues in New Orleans]]>https://www.frischhertzlaw.com/?p=499872025-11-27T07:58:04Z2025-11-27T07:58:04ZImagine taking your prescribed medication as directed, expecting to feel better. Instead, you experience troubling symptoms that leave you worse off than before. You trust medications to heal you, not harm you. However, defective medication can cause serious health problems instead of providing relief.
If this happens, you deserve compensation for your suffering. Fortunately, New Orleans law protects you when pharmaceutical companies fail to deliver safe products. To seek justice, you first need to understand what makes a medicine defective.
Identifying defective medications
A defective drug fails to meet safety standards in its design, manufacturing or labeling. When any of these elements falls short, the medication then becomes dangerous rather than helpful. They can cause adverse health conditions by introducing harmful substances into your body or failing to work as originally intended. Its effects usually manifest when you feel your condition getting worse or you develop entirely new health problems. These reactions often occur because the pills you took did not perform the way it is supposed to. However, defective medications do not only manifest in their failure to work. Rather, there are a lot of specific ways that a medicine can be defective.
Common types of defect in medicines
Understanding the different ways a medication can be defective can help you recognize what went wrong in your medication. Pharmaceuticals usually become defective through various manufacturing and design faults. Here are the most common types you can encounter:
Counterfeit products: Fake medications usually contain harmful or ineffective substances instead of the proper ingredients.
Product contamination: This is when dangerous elements enter the medication during the manufacturing process.
Defective components: This happens when the medicine’s design or formulation itself creates inherent safety problems.
Packaging mix-ups: Wrong medications ending up in your prescription bottle can put you at risk.
Questionable stability: This usually happens if the compound breaks down or degrades before its prescribed expiration date.
Labeling concerns: Missing or inadequate warnings and serious side effects also makes a drug dangerous.
Recognizing which of the defects harmed you is the first step towards taking action and protecting yourself. After that, you would then need to prove how it caused you harm.
Proving defective medications
Filing a claim against responsible pharmaceutical manufacturers may feel overwhelming especially when you are suffering from adverse health issues. This is where an attorney comes into the picture. A professional legal counsel can help you document your condition. They can help you collect medical records, expert testimony and connect the defective drug to your injuries. With proper legal support, you can pursue compensation for the unexpected suffering you endured. If you suspect that a defective medication is harming your health, consulting with an attorney experienced in personal injury can help you reclaim your health and your future. ]]>