Adverse side effects of powerful drugs are something that people who have no other treatment options have to accept. They make this choice when they consult with their doctors and decide to go ahead with treatment. They take the risk of adverse effects because of the benefits.
However, when crucial information is withheld that could have affected this choice, this is negligence. If the doctor fails to explain it in full to the patient, it is medical malpractice. If the drug company suppresses information from both the doctors and the patients, it is product liability.
In far too many cases, drug companies withhold information that may affect their sales. In the case of Risperdal (risperidone), an atypical antipsychotic that appeared to be safe even for children diagnosed with autism, schizophrenia, or bipolar disorder, the knot in the wood was gynecomastia. According to the website of Risperdal lawyers of Williams Kherkher, gynecomastia is the abnormal development of male breasts.
It appeared that Riperdal could cause gynecomastia in young boys. Granted that Risperdal is effective in controlling the symptoms of approved mental disorders, parents may have thought twice about putting their young son on a drug that could have undesirable long-term effects. Other treatments available could get the job done well enough without these effects.
The big mistake of drug maker Janssen Pharmaceuticals (a division of Johnson & Johnson) is that it suppressed this information from the Food and Drug Administration (FDA), doctors, and patients. When the connection was made, and the courts imposed fines on Janssen and J&J, it opened the floodgates for civil lawsuits.
The first case that went to trial for the allegation that Janssen willfully withheld information about the causative link between gynecomastia and Risperdal was filed in Philadelphia. The patient, Austin Pledger, first started taking Risperdal in 2002 for autism when he was 7 years old. The now-20-year-old has 46 DD breasts. The jury found Janssen and J&J liable for damages to the tune of $2.5 million. The drug maker is expected to appeal.
If you can relate in a meaningful way with the plight of Austin Pledger, then you may also be eligible to sue Janssen and J&J. Contact an aggressive Risperdal lawyer in your area to advise you. You may also be the first in your state to make it to trial.Read More
Accidents happen every single day – but you never quite expect it on a cruise ship.
A cruise ship, by design, is meant to make people free from all the stress that regular life brings forth. A vacation aboard a cruise ship is often coveted by many as the idea of exploring the seas, inhaling that fresh sea breeze, spending time with one’s friends and family is extremely ideal. That is why, according to thevuccilawgroup.com, every precaution should be taken upon constructing a cruise ship and must also be well equipped with safety paraphernalia, should there be an emergency.
Can you imagine a medical mishap happening while you are nautical miles away from shore and proper medication? What if you experience an accident while aboard the ship – like a broken bone or have a sudden stroke – and the crew was insufficiently staffed with the proper materials to care for such an incident? A lot people do not understand that they have certain rights and privileges following an incident like this – and even when they do, there are times that the victim either contacts the wrong sort of help or acts far, far too soon. Many cruise lines get away with negligence by pleading a lack of reported incident, or something of the rather. There is (rather, there can) always be something.
That is why it is of the utmost importance to get competent capable help, in order to make sure that your case is properly represented but you are also given only the best kind of compensation and medical treatment available. After all, a cruise is meant to relax you and not add on to the stress you already have. Accidents can often result into disabilities or disfigurements, which could result into you not being able to work for a prolonged period of time. This could mean lost wages or even the loss of the job itself. Allow for specialized legal practitioners to handle such a case like this and allow for yourself to recover, rest, and relax – as you should have been allowed to do.Read More
If Kylie Jenner thought she could forget about a car accident that happened more than a year ago which apparently had no earmarks of being the harbinger of trouble, she’s wrong.
The 17-year-old member of the Keeping up with the Kardashians reality show recently received notice that she, together with her mother, was being sued by one of the other parties involved in a three-car fender bender that occurred in August 2013. The plaintiff claimed that she had sustained serious injuries in the incident, although police records indicate no injuries or illegal acts in the Calabasas accident report on that date.
The plaintiff’s suit alleged that Kylie was driving at an unsafe speed and that her mother, who was the registered owner of the vehicle, was irresponsible for letting an incompetent driver behind the wheel. Although the lawsuit took a while to get filed, it is well within the statute of limitations for a negligent personal injury case in California, which is two years from the time of the incident.
The statute of limitations is perhaps the most important technical factor in filing a personal injury lawsuit for a negligent car accident, or any civil lawsuit for that matter. Because civil cases are not always a crime (although some are), it is important that you are aware about what the time limits are for your particular case. Jeff Sampson is an authority on the subject. Gathering the information and documentation for a civil case can take a lot of time, but it isn’t always necessary to have everything ready to file a suit, if only to avoid the statute of limitations running out. If that happens, no matter how solid a case is, there will be no way that you can make a claim.
A car accident lawyer will definitely know the statute of limitations in the relevant state, as well as other things that you will need to know about filing a lawsuit. If you believe you have a valid claim for a car accident personal injury case, consult with a lawyer as soon as possible to help you get the wheels moving.Read More
A great majority of personal injuries are the result of car crashes. Despite the security that auto insurance can provide, hiring an Oklahoma personal injury lawyer may still be necessary. The need to hire a lawyer to help with the legal proceedings stems from the fact that there is a lot at stake following a car crash that resulted in injuries. Having a lawyer would make it easier to present your case and negotiate a fair settlement.
It is the responsibility of the injured party to prove the extent of the injury. This can mean providing the lawyer with documents such as medical records and police reports. It is likewise important to present the medical bills, wage stubs (to prove the loss of wages due to the injury), photos of the scene, information on the other driver (name, address, insurance company, and phone numbers), and even photos of the injuries sustained. These will be presented in court and will be the basis on the amount of compensation that will be awarded. Despite appearing to be uninjured after an accident, it is still important to go to a doctor to ensure that there is no physical damage, since not all injuries exhibit themselves immediately. Whiplash is one such injury.
Many personal injury lawyers offer free consultation, and would only get paid after the case has been settled. Consulting with a lawyer would help you determine the extent of the compensation as well as help in the negotiation to arrive in a fair settlement agreement. If the injuries are serious and you are required to stay in the hospital, the lawyer will be the one who will gather the necessary evidence and present your case in court as your legal representation. It is important to not immediately sign or accept any settlement unless your lawyer have properly evaluated the extent of the injuries and damages.Read More
If you’re like most people, you are not that familiar with lawsuits. You may ask yourself what you need to do in order to go through with one, and not have the information you need to go forward. That’s why this article is here, to help you figure out what must be done. Keep reading for some great tips.
Before you commit to a personal injury lawyer, sit down for an initial consultation with them and have them break down what they will do for you. Many law firms will do this for free. According to the website of Morris James, LLP, the object when choosing a personal injury lawyer is for you to feel comfortable with them, especially since you are probably dealing with a sensitive matter. Being comfortable with your attorney and the kind of person he or she is can help the case move along more smoothly.
At your first meeting with your personal injury lawyer, bring anything that you think is relevant to your case. For example, if the police were involved, bring a copy of their report. If you have spoken with your insurance company, bring any notes that detail what happened with them. All of this information will help your attorney start piecing together your case.
Many lawyers use flashy advertisements to mask their inability to win cases. Not only do they have poor reputations, how can you know who they truly are? Always have a face to face meeting before hiring a lawyer.
Never move your vehicle if you were involved in an accident, unless instructed to by a police officer. This may result in damages worsening and could make the other person less liable for the state of your vehicle. The exception should only be happening amid a busy street.
Going through a lawsuit is not always easy, but that’s why you need to be vigilant about the steps you can take along the way. Hopefully the tips in this article are going to help you do all you need so that you are successful with your case. Keep this article with you so you can refer to it often.Read More
Water in the US is generally hard, meaning that it contains significant amounts of metal ions such as calcium and magnesium. States with the “hardest” water with more than 1,000 ppm (parts per million) include Texas, Kansas, and California. That’s all well and good, but what does it really mean when one has hard water in the home? Is it a health hazard?
The minerals that are in water are (usually) natural occurring, and sometimes an area may have particularly rich deposits of these minerals, which gets into the water and thus into homes. Extensive studies into the health effects of hard water per se shows no indications that it is harmful to the human body, and there is evidence that reasonably hard water may actually have health benefits.
Health effects notwithstanding, hard water has a peculiar taste and smell that most people find distasteful, and can alter the taste of food and drinks. In areas where the water has excessive amounts of calcium and magnesium, this is can be too much of a good thing.
Hard water can also be actively harmful in other ways, specifically in depositing residue on clothes and glass surfaces as well as clogging water pipes. As illustrated on the website of American Water, this can have serious financial consequences, especially when clogged water pipes lead to damage to appliances such as the water heater. Even if no appliances ate damaged, the pipes themselves gradually become useless and will eventually have to be replaced.
Homes in areas such as Austin in Texas know firsthand how bad it can get, and yet a surprising number of people have never considered the obvious solution to this problem: water softeners. It can treat the hard water before it gets into the pipes, thus preventing the cumulative effects in the first place. Contact a reputable water treatment company in your area to get a free water test and a quote for what your home needs to be hard water-free.Read More
Paying taxes often results in mental anguish, but when mental anguish is the reason for additional taxes, that is just too ironical for words.
The awards given in a personal injury lawsuit are in several categories. All personal injury cases sue for economic damages such as actual expenses for medical care, property damage, loss of income, or anything else that are measurable in financial terms. Some states limit personal injury awards to these damages, while others allow non-economic awards also known as punitive damages, typically imposed on the defendant as punishment for the wrongful act. These include pain and suffering, and mental anguish, although some impose a cap on the amounts. These are psychological components that usually accompany physical trauma, although even without physical trauma there can be mental anguish i.e. defamation.
When claiming for mental anguish, it is important to note that there is a tax consequence for mental anguish that is independent of or separate from physical injury. For example, if false statements affected an individual’s reputation that affected personal relationships on top of a decline in professional standing that had a financial consequence, the mental anguish from the loss of friendship or affection may be considered compensable. However, such compensation would be taxable under federal law.
However, if the mental anguish is tied in with a physical injury such as the loss of a limb, then it would not be taxable. Awards for physical injuries are generally tax-exempt, while mental injuries are not unless it is proven to be inextricable linked or inseparable to the physical harm sustained. When seeking to claim punitive damages for mental anguish or other mental injuries, it is important to insist to the lawyer that this be tied in with a physical injury if it is at all possible. An experienced personal injury lawyer would know how this can be done.Read More
Most people believe that assault is actual physical harm inflicted on someone, but in general just the threat of harm can be considered criminal assault. It is one of the few criminal offenses for which a person can be charged with little or no evidence. By definition, anyone can state that they had been threatened with bodily harm, and this could be grounds for an arrest of the accused. Criminal assault can be a misdemeanor or felony depending on the circumstances of the incident. For example, simple assault such as swinging a bat but not making actual contact is a misdemeanor while aggravated assault, where actual physical harm occurs usually with a deadly weapon, is a felony.
State law dictates what constitutes criminal assault within its jurisdiction, so what may be criminal assault in one state may not be in another state. It is important when being accused of criminal assault that you retain a lawyer who has an in-depth knowledge of state law as well as an active practice in the jurisdiction. Criminal defense lawyers and state prosecutors in the same jurisdiction tend to know each other as well as other officers of the court, which can make your defense go more smoothly than if you bring in an outsider, no matter how experienced or knowledgeable.
The usual companion of assault is battery, which is the attempted or actual intentional or negligent infliction of bodily harm. In general, it follows that a charge of battery also includes assault, but a charge of assault does not necessarily include battery. Battery may also be classified as a misdemeanor or felony.
Because little evidence is required for a charge of assault, a conviction or dismissal boils down to how good the defense lawyer is in handling the case. It may not even get to a trial if the defense can provide a good reason for the case to be dismissed i.e. an alibi that proves the defendant could not possibly have been present at the time of the alleged incident to do the assault.Read More
Driving under the influence (DUI) is the term generally used for drunk driving charges, but in some states that is a term reserved for underage defendants i.e. below the age of 21. For adult defendants who are impaired while driving, the term used is driving while intoxicated (DWI). A DWI is considered a serious offense and carries escalating penalties that are currently the toughest in the state’s history. This can be quite a scary experience, especially for first timers.
Typically, a first-time drunk driving charge is a misdemeanor, which typically can be labeled a Class B misdemeanor. This can mean 180 days in prison, suspension of driving privileges for a year, and a possible fine of up to $2,000, plus an annual surcharge of $1,000 for the next three years. If the blood alcohol content (BAC) level is 0.16 or more, which is at least double the legal limit, the surcharge becomes $2,000.
Repeat offenders start racking up points where a second DWI charge within 10 years of the first offense is a Class A misdemeanor (up to 1 year in jail, 2 years licenses suspension, $4,000 in fines, $1,500 to $2,000 annual surcharge) and a third instances is a felony. A felony DWI is already in the big leagues right up there with sexual and felony theft offenses. It is not unusual for a conviction to mean 10 years in prison. For drivers who are charged with a DWI with a minor goes straight to felony territory, and those driving a commercial vehicle carriers with a BAC of .04 or over will get their drivers license suspended for a minimum of a year, depending on what they are carrying.
Perhaps more importantly, especially for first time offenders, is that a DWI conviction means a criminal record that they will carry with them like a ball and chain for the rest of their lives. This should be avoided as much as possible. Contact a DWI lawyer in the area immediately after being charged and say nothing until you have had a chance to consult with one another. This will prevent you from saying anything that may incriminate you or otherwise damage your case.Read More
The devastation of Hurricane Sandy is still fresh in many people’s minds, especially for those who have lost their homes. In order to move forward and start anew, many victims of Hurricane Sandy has filed for homeowner’s insurance claims hoping to receive some financial support, however many of these insurance claims have been denied. Being denied of a homeowner’s insurance can cause a big complication in your life, and the sad part of it is since insurance companies are also a business, they could have a varied reason for denying your claim. In order to ensure that your homeowner’s insurance claim will not be denied, here are some things that you should check:
- There are insurance plans that does not cover for damages caused by damages, therefore make sure that your insurance plan has this policy. In cases of hurricanes, the insurance company can deny your claim by arguing floods, tidal threats, and waves as reasons.
- Insurance companies can use the excuse of “unsafe conditions” as argument in denying your homeowner’s insurance claim. They can state that your home’s location is already in a high-risk area, therefore you either pay for a higher insurance premium or your house may not be covered by the insurance despite being damaged by the hurricane.
- Unpaid premiums can also be used by insurance companies as reason to deny a claim. Make sure you are up to date with your insurance premium payments, otherwise they can use it as a threat to deny your insurance claims despite having paid properly in the past years.
The website of Williams Kherkher says that individuals should not easily accept a denied claim from their insurance companies without question. You could request for a reason for the denial, recheck your insurance policy if the reason is applicable, or get legal counsel. If you think the insurance claim is significant enough, it would be better to go to court in order to receive your insurance claim.Read More