SC Supreme Court Looks at FDA Preemption-Contact Lens Attorney

In the recent South Carolina Supreme Court decision,Weston v. Kim’s Dollar Store, the Court gave a textual read to the federal statute expressly preempting certain drug and medical device torts.  In that case, a young lady bought a pair of color contacts without a prescription from Kim’s Dollar Store and shortly thereafter lost sight in one eye.  Blindness from a color contact; can you imagine?

The statute in question is as follows:

“[N]o State or political subdivision of a State may establish or continue with respect to a device intended for human use any requirement—
(1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and
(2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this chapter.

The Court basically ruled that the words stand for themselves, that any common law rule of tort that would be different from or would add to the federal drug laws is preempted, and not much further.  The application of this rule was sent down to the trial court.

Read the whole opinion below the fold.

South Carolina Contact Lens Attorneys

If you or someone you know has been injured by a contact lens or any other medical device, you need legal help as you may be entitled to recovery against the product’s manufacturer.  Call the product liability attorneys of Reeves, Aiken & Hightower at 877-374-5999 for that legal help.  We have the experience to get you the best result in your situation.

Read more →

Police Car Chase Ends With Crash–SC Accident Attorneys

A police chase ensued Wednesday afternoon after three enforcemenet agencies joined together to chased the unnamed individual. The chase ended with a collission in Columbia Park that afternoon.

The facts surrounding the case are as follows: an officer patrolling a neighborhood in connection with a pattern of recent car break-ins, attempted to initiate a traffic stop on a Jeep Cherokee when the suspect sped away.  It was during the chase that the suspect sideswiped another vehicle near Ginny Lane and US 378.

The car that was hit during the crash was damaged, but fortunately, no one was in the car at the time of the collision.  After crashing into the car, the suspect took off.

Police car chases are becoming more common and, with increasing speeds and recklessness, more dangerous to the public. Many police departments have adopted new rules for when their officers are permitted to continue chase and when they must break off pursuit. The risks of causing accidents like the one in this case are too great. In this instance, the car was simply parked. But who knows what could have happened if a family had been sitting in the vehicle.

South Carolina Car Accident Attorneys

If an accident happens in your life through no fault of your own, call the experienced car accident attorneys of Reeves, Aiken & Hightower LLP. Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives.

Troopers and Coroner Continue Investigation on Killed Pedestrian–SC Accident Attorneys

The South Carolina Highway Patrol troopers are investigating a collision that occurred sometime after 1:00 a.m. last Wednesday on Houcks Gin Road, about 2.6 miles east of the town of Cameron.  The incident left one victim, a pedestrian, who unfortunately died early Thursday morning due to the collision.

The Calhoun County Coroner will be conducting an autopsy to determine the exact cause of death.

Investigators have not yet identified the type of vehicle that hit the pedestrian or which direction it was traveling, but are currently working diligently to resolve the case.

South Carolina  Car Accident Attorneys

If the unthinkable happens in your life, call the experienced car attorneys of Reeves, Aiken & Hightower LLP. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives. Hire the best car accidentattorneys with whom you have the most confidence in!