Greenville Personal Injury Lawyer - General Personal Injury

FDA Warns About Fentanyl Again

Jenny Albano — Sat, 22 Dec 2007 17:45:00 GMT

The FDA warned, for the second time in two years, that improper use of the fentanyl patch, a painkiller, is still claiming lives. Some of the deaths were due to doctors prescribing the patch to the wrong patients.

The drug is supposed to be used for chronic pain for patients who are used to narcotics, but some doctors were prescribing the drug to patients with headaches or for post-surgery pain. Patients are also accidentally overdosing from the drug by using it incorrectly; some patients put on more than one patch, change them too often, or get them too hot.

The FDA first warned about improper use of the patches in 2005, when it announced it was investigating 120 deaths among users. The agency didn't immediately say how many more deaths it had learned of since that warning. But the FDA said Friday it had ordered makers of all fentanyl patches to create special "medication guides" for patients that spell out the dangers of overdoses and improper use in easy-to-understand language.

Some of the warning include: the patch can cause trouble breathing, the patch is only for round-the-clock moderate to severe pain, the patch should not be the first narcotic a patient takes, do not do anything that would increase your heat, etc.

For more information on this subject, please refer to our section on FDA and Prescription Drugs.

Originally posted at InjuryBoard by Jenny Albano

Elimination of Contingent Fees: A Threat to Democracy

Ric Davis — Thu, 26 Jul 2007 11:37:47 GMT

Contingent fees continue to stir great controversy especially in class action cases, mass torts, and medical malpractice lawsuits. The controversy most recently gained national attention when President Bush banned contingency fees in cases filed by the U.S Government. Federal judges have called contingent fees "grotesque" and plaintiffs claim they will be denied access to the courts without them. The debate remains lively among plaintiff and defense lawyers, academics, the judiciary, insurance companies, the Chamber of Commerce and the general public. Recent legislation and efforts to amend state constitutions to limit contingent fees have been successful. Is there a problem with contingent fees?

Do plaintiff's lawyers reap a windfall when enormous fees are awarded? What are the real risks undertaken by plaintiff's counsel and does the risk justify the reward? Are contingent fee awards out of whack? Who will benefit or suffer if they are restricted or eliminated?

These issues will be discussed at the ABA Convention in August in San Francisco. The contingent fee system has been in place for over 200 years and is a pillar of our system of justice. While the debate should be healthy, ultimately policy makers need to remember that without access to our judicial system, our system of justice which is synonymous with freedom and democracy will cease to exist.

Originally posted at InjuryBoard by Ric Davis

Confidence Restored in Jury System

Josh Christian — Wed, 25 Jul 2007 12:32:38 GMT

This week in South Carolina the jury system established by our founding fathers once again has proven its self to be a successful tool for justice. In two separate cases, juries in Marion County and Spartanburg County, have restored confidence in the jury system by delivering justice to injured plaintiffs.

In Marion County a injured plaintiff sought damages for injuries which they received in an automobile collision. Although the insurance company refused to fairly compensate the injured person (who had approximately $3,500.00 in medical bills) a jury, who viewed all the evidence, decided that their community would lose accountability for wrongs caused by others if they did not return a verdict for the plaintiff, which they did in the amount of $27,000.00.

Similarly, in Spartanburg County, when Allstate refused to properly evaluate and compensate an injured person, who was hit by a drunk driver, the jury decided that Allstate was wrong and that the injured person needed to be compensated. The jury likely determined that in failing to properly compensate the injured person the community would suffer the loss of accountability and justice and rendered a verdict in the amount of $85,000.00.

Thanks to the men and women who serve on juries like these wrong doers are held accountable and the insurance industry is held accountable to their insureds.

Originally posted at InjuryBoard by Josh Christian

Tort Reform Funded by Big Tobacco

Ric Davis — Fri, 20 Jul 2007 16:47:16 GMT

About a decade ago, the folks at the Center for Media and Democracy decided to delve into front groups that parade as citizen initiatives. Their Source Watch is one great resource. Just look at "tort reform" Their documents show the early reach of Tobacco Giant Philip Morris in the creation of the Institute for Legal Reform, today the premier organization that has helped further the so-called tort-reform movement.

The U.S. Chamber of Commerce created the Institute and so far has spent about $200 million convincing average citizens that "greedy trial lawyers" are ruining their lives, their savings and their doctor's lives. They have craftily used phony front groups.

But Source Watch tells us that central to the early Philip Morris' efforts was secrecy. Internal documents show that in order to be effective, media activities promoting tort reform, "must not be linked to the tobacco industry." And on page 6 of this internal memo, that trial lawyers would be targeted and woven into all media efforts. CMD is a non-profit that not only could use your attention, but also your support. I believe they are a great and much needed resource in these shady times.

Originally posted at InjuryBoard by Ric Davis

Access to Civil Justice Will Motivate Voters

Ric Davis — Sun, 15 Jul 2007 17:40:10 GMT

A national poll of 2008 voters by Peter D. Hart Research Associates, Inc. reveals voters have anxiety concerning corporate misconduct. There is large support among voters for a strong civil justice system to ensure corporate accountability and fairness. A memo summarizing the poll's findings concludes:

Americans are deeply worried about their nation's future, and concern about corporate misconduct is a major source of their anxiety. "Worried swing voters," who see corporate irresponsibility as a central problem, may play a pivotal role in the 2008 election.

Voters support the civil justice system as an important remedy for corporate misconduct, and reject legal "reforms" that restrict plaintiffs' ability to hold corporations accountable and obtain fair restitution.

Voters will support candidates who defend the civil system over candidates who assail "frivolous lawsuits" and advocate "tort reform." Pro-civil justice candidates not only command overwhelming support from swing voters, but also appeal to significant blocks of Republicans.
"This poll demonstrates overwhelming voter support for a civil justice system ensuring that those who have been injured by the wrongdoing or negligence of others can receive justice and fair compensation - even when taking on the most powerful interests," said American Association for Justice CEO Jon Haber. "It shows wide support among voters for a vital civil justice system continuing to provide a level playing field for people to hold corporations accountable when they seek to evade responsibility for their misconduct.

Originally posted at InjuryBoard by Ric Davis

Defective Defibrillators(2)

Josh Christian — Thu, 12 Jul 2007 17:46:59 GMT

Guidant defibrillators have been the causeof many innocent victims serious health problems and even death. A recent article discusses the new development in these product liability lawsuits.

As is pointed out in this article the manufacturers of the defibrillators were more interested in profits than in those who were trusting them with their lives.

The Guidant story is a sorry example of a corporation seemingly overtaken by greed, growth and a bottom-line mentality at the expense of thousands of Americans believing that their Guidant defibrillator, or pacemaker, would be their ticket to better health, rather than a threat to their well being.

It is expected that more lawsuits will follow.

Originally posted at InjuryBoard by Josh Christian

Allstate Insurance Company Driven by Greed

Ric Davis — Sat, 30 Jun 2007 15:56:12 GMT

Allstate Insurance Co.'s phenomenal growth in profits is directly tied to its drastic reduction in claims payments: The insurer offers paltry sums for legitimate claims, counting on its customers' unwillingness to slog through drawn-out litigation. That's no dark secret or allegation. It's a company policy called "Claims Core Process Redesign," devised by powerhouse corporate consultants McKinsey & Co. Its bland-sounding name hides a relentless drive to maximize shareholder profits at the expense of Allstate's customers.

Insurance companies regularly plead poverty, blaming trial lawyers, natural disasters, and even their own policyholders for their allegedly falling fortunes. But a look at their ledgers shows they are misleading the public. The industry's profits are skyrocketing, its executives are getting huge bonuses, and earnings have hit record heights--all while these companies deny coverage to their own customers for everything from Katrina damage to car crashes.

Originally posted at InjuryBoard by Ric Davis

Protection From Identity Theft

Ric Davis — Fri, 29 Jun 2007 09:39:58 GMT

Since identity theft is of concern, it's important to remember that there are steps you can take to minimize the risk and help protect your privacy and identity. Shred documents containing your personal information before
discarding them. Secure your personal information at home and at work. Before disclosing any personal information, make sure you know why it is required and how it will be used.

Obtain your credit report from each of the three major credit bureaus once every 6-12 months and review them for accuracy. (You can get a free copy of your credit report each year at www.annualcreditreport.com). Use caution when responding to e-mails requesting personal information. When in doubt, contact the sender of the request through a known, secure channel (phone number on back of credit card or a known website address).

Here are few other suggestions to consider which may protect you from this modern day scourge:

1. The next time you order checks have only your initials (instead of first name) and last name put on them. If someone takes your checkbook, they will not know if you sign your checks with just your initials or your first name, but your bank will know how you sign your checks.

2. Do not sign the back of your credit cards. Instead, put "PHOTO ID REQUIRED."

3. When you are writing checks to pay on your credit card accounts, DO NOT put the complete account number on the "For" line. Instead, just put the last four numbers. The credit card company knows the rest of the number, and anyone who might be handling your check as it passes through all the check-processing channels will not have access to it.

4. Put your work phone # on your checks instead of your home phone. If you have a PO Box, use that instead of your home address. If you do not have a PO Box, use your work address. Never have your Social Security number printed on your checks. You can add it if it is necessary. However, if you have it printed, anyone can get it.

5. Place the contents of your wallet on a photocopy machine. Do both sides of each license, credit card, etc. You will know what you had in your wallet and all of the account numbers and phone numbers to call and cancel. Keep the photocopy in a safe place. Also carry a photocopy of your passport when traveling either here or abroad.

6. When you check out of a hotel that uses cards for keys (and they all seem to do that now), do not turn the "keys" in. Take them with you and destroy them. Those little cards have on them all of the information you gave the hotel, including address and credit card numbers and expiration dates. Someone with a card reader, or employee of the hotel, can access all that information with no problem whatsoever.

If you are the victim of identity theft, outlined below are some steps to take to limit the damage :

1. We have all been told we should cancel our credit cards immediately. However, the key is having the toll free numbers and your card numbers handy so you know whom to call. Keep those where you can find them.

2. File a police report immediately in the jurisdiction where your credit cards, etc., were stolen. This proves to credit providers you were diligent, and this is a first step toward an investigation (if there ever is one).

3. Call the three national credit reporting organizations immediately to place a fraud alert on your name and Social Security number. The alert means any company that checks your credit knows your information was stolen, and they have to contact you by phone to authorize new credit. There will be records of all the credit checks initiated by the thieves' purchases.

Listed below are the numbers you need to contact in the event that your wallet or identity is stolen:

1.) Equifax: 1-800-525-6285
2.) Experian (formerly TRW): 1-888-397-3742
3.) Trans Union: 1-800-680-7289
4.) Social Security Administration (fraud line): 1-800-269-0271

Originally posted at InjuryBoard by Ric Davis

Judge Sets Reduced Award in Vioxx Case

Harold Christian — Tue, 12 Jun 2007 14:14:16 GMT

Last year a jury awarded a Plaintiff 51 million dollars in damages against Merck because it's Vioxx painkiller was blamed for the heart attack of a former FBI agent. As reported in the New York Times, Judge E. Fallon, who is a federal district judge in the District Court of New Orleans and is responsible for overseeing all Vioxx litigation in federal courts, had previously granted a new trial to Merck, but instead awarded 1.6 million dollars for the Plaintiff. The award that the Judge issued for the FBI agent includes $600,000 in compensatory damages and $1,000,000 in punitive damages. Merck had sought to have the entire verdict thrown out.

The Merck drug company manufactured a drug which was designed as a painkiller, and more specifically to combat arthritic conditions. Sadly, Merck placed this drug on the market without adequate testing, and also, without disclosing to the FDA that persons who took this drug on tests, had a higher incidence of heart attacks and strokes. Presently there are 27,000 lawsuits pending against Merck for claims of personal injury for this defective and hazardous drug.

In a related matter, a woman who blamed Vioxx as the cause of the heart attack that killed her husband, will be facing a third trial. Recenlty, the federal judge who oversees her case, ordered a third trial. The new trial is based on the fact that a cardiologist who had testified for Merck misrepresented his qualifications in the second trial which was held last year. Unfortunately, jurors in that trial had ruled in favor of Merck and against Mrs. Plunckett, whose first husband had died of a heart attack after taking Vioxx for less than a month. The first trial was held in Houston and had ended in a jury deadlock 8 to 1 in Merck's favor.

At this juncture Merck is vigorously contesting the wrongful death and personal injury lawsuits that have been filed because Vioxx caused heart attacks and stokes to persons who unsuspectingly took their painkiller, Vioxx. Merck's strategy at this point is to use their great wealth to outspend lawyers who represent the victims of this dangerous and defective drug.

Originally posted at InjuryBoard by Harold Christian

Defective Product May Cause Autism

Josh Christian — Tue, 12 Jun 2007 13:02:14 GMT

The US Court of Federal Claims will hear testimony today that a defective product may cause autism. Several thousand parents of autistic children will be presenting their testimony and evidence to a Federal Claims Court so that they may be compensated for defective vaccinations which have caused the lives of their children to be torn apart by autism.

Fortunately there appears to be compensation on the horizon for these families, however, unfortunately it appears that legislation was passed to protect the drug manufacturers who produce these vaccines.

The first of what eventually could be nine test cases from those claims is the subject of the hearing opening Monday in the U.S. Court of Federal Claims. Three special masters appointed by the court will preside over the hearing, expected to last through June 29.
The court is being asked to decide whether there is a link between autism and childhood vaccines. If it finds one exists, the families could be eligible for compensation under the Vaccine Injury Compensation Fund, a program established by Congress to ensure an adequate supply of vaccines by safeguarding manufacturers from lawsuits. Under the program, people injured by vaccines receive compensation through a special trust fund.

More cases are expected to be heard through out the following months.

Originally posted at InjuryBoard by Josh Christian