Month: April 2012

Breaking News Dangerous Drugs In Texas Can’t Be Part of Malpractice Lawsuit If Generic Drugs San Antonio

When generic drugs first became available in the 1980s, patients everywhere celebrated due to the drastically lower prices. What consumers didn’t know was that, in choosing generic drugs over brand name versions, they were giving up their right to receive damages should they suffer from injuries due to ingesting generic drugs.

According to a recent article in the New York Times, while patients who became ill after taking brand name dangerous drugs can win a malpractice lawsuit, those who take generic drugs cannot. The reason goes back to a Supreme Court decision which stated that, since generic drugs do not have control over what is listed on their labels, they cannot be sued for medical malpractice. Even cases involving drugs that necessitated amputations due to gangrene and major surgeries to address debilitating gastrointestinal problems, the prescription injury victims who were given generic forms of the drug had their cases dismissed.

San Antonio attorney at The Herrera Law Firm, Inc. know that some Texas medical malpractice cases involve generic drugs and are working hard to fight for the rights of their dangerous drug lawsuit clients.

In the article, the significant inequity of patients filing medical malpractice lawsuits is evident. “Your pharmacists aren’t telling you, hey, when we fill this with your generic, you are giving up all of your legal remedies,” said Michael Johnson, a lawyer who represented Gladys Mensing, one of the patients who sued generic drug companies in last year’s Supreme Court case, Pliva v. Mensing. “You have a disparate impact between one class of people and another.”

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Legal News W Va Woman Fights to Collect $10 Million from Debt Collectors – ABC News

Source : ABC News

In a twist of irony, a West Virginia woman is trying to collect money from a collection agency. Diana Mey, of Wheeling, W. Va., won the largest judgment ever against an abusive debt collection company — more than $10 million.

“I’m a mom, and I’m a housewife, and I’m an accidental activist,” Mey said.

From her small-town home base in Wheeling, Mey went after a debt collection empire that hounds people nationwide and won. But she still hasn’t received any money.

“I don’t know that I’ll ever collect a dime, but if I can get their operation shut down, that would make me very happy.”
See: Bankruptcy Lawyer West Virginia

Mey wrote RFA a cease and desist letter, telling the company not to contact her anymore, and sent it certified mail. Postal records show exactly when RFA signed for it. Precisely 23 minutes later, Mey started getting mysterious hang-up calls that showed up on her caller ID as coming from her local county government.

“So I called the number back and it was the sheriff’s department. And I asked if someone there was trying to reach me. And they said, no – nobody there was trying to reach me,” Mey said.

After two days of hang-up calls from that sheriff’s department number, Mey picked up another one with that same caller ID. The man on the line repeatedly called her a vulgar name for the female anatomy. He described violent sexual acts he would like to subject her to and asked if she liked to be “gang banged.”

“I was so frightened. I felt violated, but then I realized, you know, I’m taping this call,.” Mey said. “I pulled myself together and I thought, I can get through this. Just keep on talking buddy because we’re gonna get plenty of your voice on tape.”

The verbal assault went on for nearly two minutes before the man hung up.

You see, Diana Mey has battled big companies over intrusive phone calls before. In 1999, she won a class action lawsuit against a major telemarketer whose salesmen kept calling people, even when asked to stop. People magazine named her one of the “Most Intriguing People of the Year.” That’s why Mey has recorded her phone calls ever since.

Mey says it took her a year to find attorneys who would sue on her behalf. Wheeling lawyers Martin Sheehan and Patrick Cassidy took the case knowing they would probably never get paid.

“Yes, I like to make money, ” Sheehan said, “but at some level there’s something so atrocious you have to let people come into your office and say — that’s wrong and I’m going to do something about it.”

Last May, Mey sued RFA for harassment and illegal collection practices. In August, RFA’s lawyer failed to show up in court, so Mey testified unopposed. The judge called RFA’s actions “malicious” and ruled that all of the allegations were true. And then he awarded that record judgment of $10,860,000.

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Legal News Defective Children’s Products and Dangerous Toys Can Cause Child Injuries

When our child has a birthday, family members and friends always have the best intentions when they bring a gift for occasion. Unfortunately, though, parents can’t be too careful about safety and must examine anything given to the birthday boy or girl, before the child is allowed to play with it, right down to the packaging.

Dangerous children’s products have the potential to cause serious child injury, even wrongful death, whether it’s something they’ll play with at home or if it’s for a favorite sport or other outdoor activity. It’s hard to imagine that a present as seemingly harmless as a doll, a board game, building blocks, miniature cars, or even art supplies could be dangerous toys but, depending on where an item was made, the materials involved and how it was packaged, even the most basic of kids’ playthings can pose a risk to youngsters. See personal injury attorneys san antonio

In some cases, there may be toy choking hazards, such as when small parts can be pulled off of a doll, toy car, toy truck, dress up costumes, toy musical instruments or toy construction sets. Other toy choking dangers include small board game pieces, puzzle pieces, girls’ jewelry, crayons, pen caps and marbles. With kids, there is almost no limit to the ways they could be injured by a defective children’s product, and San Antonio, Texas personal injury lawyers, Herrera Law Firm, see every type of child toy injury.

Even children’s products designed to keep kids safe may actually injure them, including bicycle helmets, booster seats, car seats, playpens, safety gates and pool floatation devices. Likewise, practical basics such as cribs, strollers and high chairs can pose dangers such as defective straps, buckles, latches, wheels or trays.

Standard playground equipment, especially things like climbing gyms and trampolines, can result in fractures, broken bones, slip and fall accidents or, in the case of a severe defective toy injury, traumatic brain injury.

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LawWireNews Think motorcycle riders are to blame for their accidents

By LawWireNews Legal Marketing For Lawyers
Imagine that you’re riding your motorcycle and approaching an intersection. You see a car heading toward your from the opposite direction. Suddenly, the driver turns left and into your right-of-way. You apply the brakes and put the bike down. The car drives off and you are seriously injured through no fault of your own.

It sounds like a clear case of negligence, with the driver of the passenger vehicle being at fault. The insurance company, however, may take a different approach to the motorcycle accident. An adjuster may try to argue that you were somehow at fault. See Motorcycle Accident Attorney Hartford Ct

It’s a common misconception that most motorcycle accidents are due to aggressive riding by the motorcyclist. The unfair stereotype people have of motorcycle riders is that they are reckless speed demons. The insurance companies are aware of this misconception and will try to use it against the rider who is filing a claim.

Hartford motorcycle accident lawyers at the Law Offices of Mark E. Salomone & Morelli in Connecticut have experience representing clients injured in motorcycle wrecks. In many cases, the motorcycle collision occurred because the car driver or truck driver did not see the motorcycle. Sometimes a small motorcycle is hidden in a blind spot as it approaches a larger vehicle. At night, a motorcycle may be harder to see than a passenger vehicle. It’s crucial that drivers carefully check their blind spots or survey the intersection before turning onto a road or merging.

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