Wrongful Death: Pursuing Legal Action

Wrongful Death: Pursuing Legal Action

Jul 26

It may be that very few situations can match the devastation caused by the sudden death of a loved one. The pain caused by such an even can become even more compounded if it was caused by the negligence or wrongful action of another party. Cases of wrongful death are undoubtedly difficult to bear, filled with days of grief and hardship.

Fortunately, those caught in such a situation can pursue legal action against the party responsible for their loved one’s sudden death. Devastated families can pursue a wrongful death claim as a way to pursue justice and compensation for the avoidable death of their loved one. Cases where a victim dies in an accident proven to be caused by another party’s negligent or reckless behavior can be subjected to a civil lawsuit. Here, the family left behind by the victim can pursue compensation for damages they have incurred due to the tragic incident. According to the website of The Law Offices of Portale Law, the compensation awarded to them following proper proceedings can be used to mitigate medical expenses, funeral costs, and the loss of lifetime earnings.

Wrongful death claims are usually pursued against another individual or a particular entity. In car accidents, for example, grieving families can pursue legal action against the driver found to be at fault for the crash. Meanwhile, incidents of medical malpractice will find hospitals and the staff in their employ to be accountable. Regardless of the particular situation, it’s important to point out that most states recognize a statute of limitations for wrongful death cases. This means that families are given only a limited period of time to seek justice through a civil case. Typically, cases of wrongful death will need to be tried within a period of two-years, although statute of limitations differs depending on state laws.

How Does PCB Exposure Affect Children?

How Does PCB Exposure Affect Children?

May 03

The widespread use of polychlorinated biphenyls or PCBs during the 20th century left devastating effects that continue to be felt today. Aside from the fact that the chemicals once used as coolants for industrial and commercial applications have severely polluted a number of American cities, toxic Monsanto PCBs also pose significant health risks.

According to the Agency for Toxic Substances and Disease Registry, PCBs entered the air, water, and soil of areas where it had been manufactured, used, and disposed. Inadvertently, this contamination spread through the organisms living in these areas and eventually worked its way up the food chain. Today, individuals can be exposed to PCBs through eating contaminated fish, meat, and dairy products, drinking from contaminated water sources, as well as breathing in air from affected areas. People can also be exposed to PCBs through the use of old electrical devices and appliances.

Children are among the groups most vulnerable to PCB exposure. The threat of exposure for them starts early on, when a pregnant woman consumes contaminated food or is exposed to PCBs in her workplace. According to several studies, pregnant women who have consumed PCB contaminated fish gave birth to babies that weighed less compared to women who didn’t eat contaminated fish. Another study showed that babies born by these women showed abnormal responses to tests measuring infant behavior. The researchers seem to have found that these babies had problems with motor skills and short-term memory that persisted for the next few years. Other studies also suggest that PCB exposure during or after pregnancy caused babies to have issues with their immune system. Aside from prenatal exposure, babies can also come into contact with PCBs through their mother’s breast milk.

The Agency for Toxic Substances and Disease Registry also point out that definitive data on the effect of PCBs to older children are yet to be gathered. For now, the scientific community can only assume that PCB exposure can pose the same health risks in children as it does in adults. Aside from being classified as a probable human carcinogen, PCBs have been found to affect the nervous, reproductive, endocrine, and immune systems of humans and animals.

What is Workers’ Compensation?

What is Workers’ Compensation?

May 02

Worker’s compensation is the primary safety net for employees that endure injuries while on the job. It is a procedure that outlines the necessary steps a business must take to ensure that an injured employee receives adequate financial compensation. This compensation could be for lost wages or medical bills acquired from the workplace injury.

Filing for workers’ compensation is similar to filing for any other insurance claim. The request for benefits is not a lawsuit against the employee’s company. States outline specific obligations that companies have when their employee is injured on the job. This most often includes reimbursement for medical care, temporary disability, permanent disability, or rehabilitation.

Medical care includes any medical expenses that an employee may require to treat their injury. Most workers’ compensation includes access to the company physician for up to 30 days. After this, the injured party may choose to use their own doctor. Often, workers’ compensation even includes round trip mileage to the hospital to receive treatment or medication.

More serious injuries may require temporary or permanent disability leave. When an accident results in a physical injury that inhibits an employee from working, they may be entitled to a fraction of their lost wages while they recover. When the injury is severe enough to completely remove the employee from working or competing for jobs in the work force, they may be entitled to significant financial reward. Permanent disability payment takes into consideration an employee’s occupation, age, extent of injury, and wages at the time of impairment.

Vocational rehabilitation is another option for employees with debilitating injuries. Some workers’ compensation programs will include aid in finding a replacement job. This may include financial assistance during the time of unemployment, similar to temporary disability payments.

Workers’ compensation is a necessary financial aid that injured employees rely on during their time of need. If your employer is wrongfully denying access to your workers’ compensation after sustaining an injury at work, contact a personal injury lawyer in your area to discuss your legal options.

Birth Defects: Possible Consequences of Zofran

Birth Defects: Possible Consequences of Zofran

Feb 02

Several illnesses and treatments can cause severe nausea, which can be dangerous as this could lead to dangerous levels of dehydration. Zofran is often prescribed by physicians everywhere in order to alleviate the nausea from patients. People who suffer from cancer and are treated with chemotherapy are often recommended this particular drug in order to soothe their nausea.

This is important as those who are ill need to be able to keep food and water down instead of retching it all up. This can be especially beneficial for pregnant women as they are quite prone to bouts of morning sickness during the duration of their pregnancy. Continuous nausea can be dangerous for the baby, which is why drugs like Zofran are often recommended in order to calm the gastrointestinal organs from the sickness.

However, there is some new evidence that links Zofran with certain birth defects, if the medication is consumed by pregnant women, especially if it is within the early development stages of the fetus in question. The child could be born with certain physical defects that are warranted immediately surgical correction.

Citing the website of Williams Kherkher, some of these defects linked to having been caused by Zofran are cleft lip and palate, as well as congenital heart defect. These can be dangerous, especially once growing up, as it automatically hinders some children from being able to do normal day-to-day activities, or even affect them psychologically, if the defect is found to be ubiquitous on a surface-level, such as that of cleft lip and palate, and that might lead to bullying or some other peer-related emotional trauma.

Medical situations such as this, especially if caused by an outer party, must be investigated at once. If you or someone you know has suffered these kinds of circumstances, it is advisable that professional help in the field of law is taken into consideration, in order for your case to be properly represented in a court of law.

Bankruptcy: Giving You Room to Breathe

Bankruptcy: Giving You Room to Breathe

Jan 14

Financial troubles got you down? Well, you’re not alone. Most Americans will be faced with some form of difficulty of this nature in at least one point of their lives. It can be as a result of student loans or credit card debts or mortgages – the circumstances are different every single time but the problem is always the same. And sometimes, it gets to the point when it all just gets too much but you dread to think of bankruptcy as a possible solution. It has received quite the bad reputation – often paired with images of desolation and complete failure. Nothing could be farther from the truth. Sometimes, it is even filing for bankruptcy that will allow for you to break the chains of debt, sending you into the blissful state of financial freedom.

Talking to a bankruptcy lawyer about your situation can be a difficult conversation. It is important to note, however, that the lawyer you are talking to could have very well experienced similar financial troubles of their own. This adds to more than just invaluable knowledge of the law but also creates the sympathetic binding that allows for you to find some peace that this is a person who can understand the hardship you are going through. A lawyer who knows what it’s like can go above and beyond properly representing you when you file for bankruptcy.

The website of bankruptcy lawyer Erin B. Shank states that the problems of those who are contemplating on filing for bankruptcy are often beyond stressed and emotionally drained out. Overwhelming credit can mean getting hounded by the people you owe money to and there is already strain and fear that can be suffocating when dealing with financial matters such as this. It is perfectly normal to feel this way – and it might be an even better reason for you to try and consult with a legal expert on whether or not filing for bankruptcy could be an option that saves you all that heartache.

DUI Charges

DUI Charges

Dec 08

Driving under the influence (DUI), also called driving while intoxicated (DWI) in some states, is a major offense all across the United States. Federal and local government continue in their efforts to make it very clear to all motorists that violation of the anti-drunk-driving law means heavy fines, a jail term, suspension of driving privileges (from about a month to a year), mandatory participation in an alcohol and drug education class (or DUI School) and community service.

Records from the National Highway Traffic Safety Administration (NHTSA) show that drunk-driving is one of the major causes of motor vehicle accidents on US roads and highways. Every year millions of arrests involving drunk drivers are reported to the NHTSA; this includes reports on the thousands of injuries and fatalities both of the drunk driving and/or their innocent victim. The high number of those getting hurt in alcohol-related accidents is more than enough reason for the federal and local governments to carry out a stricter campaign that will enable them to apprehend DUI offenders. This stricter campaign includes check points for sobriety tests and increased visibility of traffic enforcers.

In all US states, the limit of blood alcohol concentration (BAC) level is 0.08%, This means that anyone caught with a BAC level of 0.08% or greater will be charged with either a DUI misdemeanor or felony (depending on the number of offenses made, or if there was an accident where someone got injured or killed).

Besides the harsh punishments awaiting those charged or convicted of DUI, there are many other very unfavorable effects (of the charge or conviction) awaiting the offender. A number of these include:

  • Higher car insurance premiums, which can last up to three years
  • Negative effect divorce proceeding, especially on custody or visitation rights
  • Restrictions on international travel
  • Difficulty in acquiring or renewing a commercial or professional driver’s license

One very informative website on DUI, especially for military men and women, is www.flahertydefensefirm.com/practice-areas/military-arrests/.

Looking for Lawv

Looking for Lawv

Sep 20

You’ve been hurt in the past. It happens to everyone. Things are going along just peachy and then disaster strikes. You’re left battered and defeated and all you can do is ask yourself “Why?” You’re left all alone to reassemble the shattered remains of what your life used to be, vowing to never blindly trust another human being with the intimate moments of your life. Despite all this, the only thing you want is someone to lift your heart and gently whisper “Everything is going to be OK.”

After such life-changing events it can be difficult to find someone that can you help you recover from such a vulnerable state. Why bother bouncing from place to place looking for “the one” when the world is a void and all life is a vain and selfish attempt to fill that void? People search and search for years and never find what they’re looking for.

This does not have to be you.

The person you need will light your way through the darkness. He or she will talk to you. He or she will make an effort to understand your problems and find their solutions. He or she will file paperwork on your behalf.

After being physically devastated, it can be incredibly helpful to seek a lawyer. Your lawyer will know the best course of action to take to help you recover both physically and emotionally. Here’s to a long and successful relationship!

The Legal Options of Those Harmed by Xarelto

The Legal Options of Those Harmed by Xarelto

Sep 08

Use of prescription drugs for serious health conditions has always been part of the medical treatments that millions of Americans undergo every year. The vital needs for safe and effective medications that will help treat and prevent worsening illnesses, and keep people healthy, only increase the challenge and responsibility that drug manufacturers are faced with.

There are prescription drugs, however, that have failed to deliver the results expected by the US Food and Drug Administration, consumer watchdog organizations and the patients who use them. Consider it failure (on the part of the manufacturer) to subject the drug to comprehensive tests or to include in the drug’s label the risks associated with using it; or use of the drug can cause unfavorable reactions with the other medications a patient is taking, and so forth. The bottom line is, even if a certain drug has been rigorously tested and proven safe and effective, once it is proven that it causes adverse effects, then the FDA’s, doctors’ and patients’ attitude towards it are sure to change.

One serious health condition that millions of Americans are suffering from is blood clotting. Since blood clots can be lodged in arteries to block the supply of blood to vital organs, such as the lung or the brain, it could pose great danger and even cause death. To prevent the blood from pooling inside blood vessels or arteries, anticoagulant or blood-thinning drugs have been formulated.

Beginning in 1954, the anticoagulant drug that has been regularly prescribed to individuals was Warfarin. Its major competitor, Pradaxa, was approved by the FDA in 2010; the approval of Xarelto in 2011, however, snatched the major market share from both.

Xarelto, a product of Bayer Health Care and Janssen Pharmaceuticals (a subsidiary of Johnson & Johnson), was approved by the FDA as a blood thinning drug for individuals recuperating from a knee or hip replacement surgery. This approval was later extended by the FDA to include patients suffering from: deep vein thrombosis (DVT), which is blood clotting in deep veins, typically in the legs; pulmonary embolism, which is the formation of blood clot in the lungs; and, atrial fibrillation or irregular heartbeat.

Medical literature, however, shows reports of excessive bleeding as a common and very serious side-effect of modern anticoagulants, such as Pradaxa and Xarelto. Xarelto, though, caused a more serious bleeding situation and worse, no antidote or reversal agent has been made available (by its manufacturers) to prevent it, making it a life-threatening case for those affected.

Besides uncontrolled bleeding, Xarelto has also been reported as causing other serious side-effects, including epidural hematoma, brain hemorrhage, stroke, frequent nosebleeds, and many others. Stopping the use of Xarelto to avoid any of these severe effects may prove dangerous too, though, as this could cause the formation of blood clots.

There are many things that those taking and harmed by Xarelto need to understand. These include the drug’s history, the drug’s ingredients and side-effects, and the legal options of patients harmed through use of the drug.

Paxil Lawsuit

Paxil Lawsuit

Aug 25

Paxil is among the most effective and selective of all SSRIs (selective serotonin reuptake inhibitors) on the market. It is prescribed to help ease the symptoms of major depression, panic and anxiety disorders, and a host of other mood and behavioral disorders. It helps boost moods by stabilizing the chemicals in the brain, maintaining the positive and optimistic equilibrium while easing the negative feelings of the patients. Despite the benefits of taking Paxil, many patients have reportedly suffered from severe side effects that have taken over their lives while they were on the medication.

The manufacturer of Paxil, GlaxoSmithKline, has regarded their antidepressant drug as better than other antidepressants in the market, boasting of lower chances of side effects. Many patients claim that they were not informed about the severe withdrawal problems, as GlaxoSmithKline promoted their product as non-habit forming. The manufacturers have also settled lawsuits for suicide and suicide attempts by patients using them. They have also settled claims of “being negligently failing to warn” a pregnant patient of the health risks to the infant which lead to the baby developing critical health defects.

There have been about 5,000 people in the United States that has filed lawsuits against GlaxoSmithKline for misrepresenting Paxil and poorly educating doctors and patients about their side effects. Most of these lawsuits are because of the withdrawal issues, suicides, and birth defects that Paxil users have suffered from. Because of these rising lawsuits, GlaxoSmithKline has been fined for mislabeling, repackaging, withholding vital Paxil information, and unlawfully promoting the use of Paxil to children without FDA approval. The FDA has already required the manufacturers of Paxil to put a black-box warning (the highest and most serious warning placed on the labels of a prescription medication) to ensure that patients are informed about the adverse side effects and to understand the risks they will be up against.

The Deadly Effects of Prozac

The Deadly Effects of Prozac

Jul 16

Although it’s widely accepted that antidepressants come with minor side effects such as headache, sleepiness, insomnia, or sexual dysfunction, many fail to recognize that in rare cases, the drug can be fatal.

Otherwise nonviolent individuals—especially teenagers or young adults under 24—may experience waves of unprecedented violence while under the effects of serotonin re-uptake inhibitors such as Prozac.

In 2011, Canadian judge Robert Heinrich found a 16-year-old boy not guilty of murdering his friend by stabbing him once in the chest, entirely unprovoked. He ruled that since the teenager showed no signs of violence now, that the medicine caused his actions. The incident occurred in 2009.

The boy had been taking Prozac for three months, and had allegedly become more impulsive, experiencing wild mood swings that even led him to consider suicide. When the parents notified the high school student’s psychiatrists of his fantasies of violence, they doubled his dosage. The murder occurred just over two weeks later.

The child has never given a reason for his murder. Prozac more commonly been associated with suicidal thoughts rather than murder.

In 2009, a marine on Prozac committed suicide. He had allegedly been drinking regularly with his prescription, which may have contributed to his suicide. The soldier, Charles Edward Dane, punched a police officer during his DUI arrest and was consequently incarcerated for two weeks.

During his time in jail, was cut off from his prescription. When he returned, he was prescribed double the dosage. He shot himself two days later. Dane’s family believes he coped with trauma from being deployed in Iraq with alcoholism which contributed to his suicide, although he was never diagnosed with Post-Traumatic Stress Disorder.

If you or a loved one have been experiencing suicidal thoughts or violent tendencies while on Prozac, it’s recommended to share these thoughts with the psychiatrist who prescribed the medication.

In addition to potentially wreaking havoc on a person’s neural chemistry, Prozac has been unexpectedly linked to certain birth defects.