Yet another wonder drug by big drug companies is about to be brought to its knees for allegations of misrepresentation and failure to warn. This time, oral anticoagulant Xarelto of the direct Factor Xa (10-a) inhibitor class is taking center stage.
A woman in Kentucky named Virginia Stuntebeck filed a lawsuit suit against Xarelto US distributor Johnson & Johnson and manufacturer Bayer AG in federal court on February 18, 2014. In June, the federal judge remanded the case to Philadelphia Court of Common Pleas.
Xarelto (rivaroxaban) was approved in July 2011 by the Food and Drug Administration for the prevention of blood clotting in patients with atrial fibrillation (irregular heartbeat), a condition in which the blood can pool in the heart and form clots which may cause pulmonary embolism or stroke. A further approval for treatment of deep vein thrombosis (DVT) was granted in November 2011. However, the FDA has refused multiple times to approve its use as a treatment for acute coronary syndrome, perhaps in response to the growing number of complaints being reported.
The main allegation in the Stuntebeck case was that the drug was too dangerous to be sold. It was filed directly after the Pennsylvania Supreme Court ruled that drug companies can be held liable for marketing pharmaceuticals that were inherently too risky to use. Stuntebeck was prescribed with Xarelto in June 2012 to manage her atrial fibrillation, and had to be rushed to the hospital for uncontrollable gastrointestinal bleeding in February 2013.
According to the website of xarelto lawsuit lawyers Williams Kherkher, 72 Xarelto-related deaths have been reported by Bayer for the first half of 2013 alone, compared to the 58 reported for 2012. If you suspect that serious injuries you have sustained may have been due to Xarelto, do not hesitate to contact a defective drugs lawyer in your area to find out if you are eligible for compensation.
Failure of a female’s pelvic muscles to support her bladder and urethra usually results to stress urinary incontinence (SUI) and then to unrestrained outflow of bowel or urine. (The bladder is a sac where urine is stored, while the urethra is the tube where the urine flows and released out of the body.
Stress urinary incontinence (SUI) is usually treated by having tissues sewn to provide support to the collapsed organ; these tissues are taken from the patients themselves. This procedure, though, usually requires another surgery, called hysterectomy which, in the past, has shown a high rate of failure.
The introduction of the Transvaginal/Vaginal Mesh in 1996, after the US Food and Drug Administration approved it for treating SUI cases, may have been a timely solution to doctor’s and patients’ need at the time. It was, then, manufactured by Boston Scientific and named ProteGen vaginal cling. This medical device is intended to provide added support to damaged or weakened tissue and most of those available for use are either manufactured from animal tissue or synthetic material.
The synthetic material used to produce the mesh can either be made from knitted or non-knitted sheet forms ; it may also be absorbable or non-absorbable (sometimes, both absorbable and non-absorbable materials are combined to produce one type of mesh).
In October of 2008 and then again in July of 2011, warnings were released by the FDA concerning the product’s safety. In a span of only three years, from January 1, 2008 to Dec. 31, 2010, as many as 2,874 complication cases involving vaginal mesh implants were reported to the FDA. 1,503 of these reports were about pelvic organ prolapsed complications; the remaining 1371 was about stress urinary incontinence treatment or repair.
Vaginal mesh implants are introduced as low-risk surgeries. Manufacturers of the mesh products, though, will not be able to deny the clear evidences of complications that have resulted due to the use of the product. A few of these complications are organ bleeding and perforation, vaginal scarring and shrinkage, infections, and mesh erosion. Because of these factors, many injured women have filed vaginal mesh lawsuits in order to seek compensation for the complications associated with their failed mesh implants.
If you have suffered because of a vaginal mesh implant, make sure to contact a personal injury lawyer today. An attorney will be able to help you through your case, guiding you through this difficult time.
Everyday, as soon as you wake up and turn on the TV, you get bombarded with negative news – this is how majority of Americans begin their day. Unless you have the ability to never allow these negative messages to linger in your sub-consciousness and ruin your day, then your day will definitely be ruined.
Barbara L. Fredrickson, Ph.D., one of the best academicians in the fields of positive psychology, affective science, and social psychology says that positive emotions can change one’s perspective on life, improve decision making, boost one’s performance and productivity and attain greater success during negotiations.
In her book titled “Positivity,” she offers some really valuable information on how one can have and maintain positive emotions. These include practicing gratitude, being kind, connecting well with others, spending time to appreciate nature, and learning how to savor even the smallest good things in life.
It is inevitable that all songwriters will experience the dreaded writers block at some point in their creative career. However, it is important to distinguish writers block from just knowing when to take a step back.
Different artists work best under different circumstances. You may be the type to sit down and crank out a song in one sitting, or you may be the type who needs inspiration to flow to you in due time. It is important that you know which style you are so that you are able to produce your best material.
If you try to force the music, then you won’t get the results you truly want. At the same time, if you are the kind who waits for the inspiration to hit you at random times, then be prepared for that. Always carry a notebook with you so that you don’t forget a great thought.
This quote from Albert Einstein is great in understanding why your individual writing style/talent is truly important for your success:
“Everybody is a genius. But, if you judge a fish on its ability to climb a tree, it’ll spend its whole life believing that it is stupid.”
One of the most serious types of personal injury is that which is inflicted to the brain as this can lead to disability, unconsciousness, comatose, amnesia, or death. Personal injury is harm committed against a person due to another individual’s negligent or careless behavior. Though it is usually physical, it nevertheless affects the victim mentally and emotionally. A personal injury may also be accidental or intentional in nature.
The causes of personal injury range from simple accidents, like a slip and fall, to severe motor vehicular accidents (on land, air or at sea); it can also result from medical errors, defective products or exposure to hazardous materials while at work. While some personal injuries can be severe, resulting to the victim’s prolonged disability which, in turn, results to financial loses and costly medical treatment, others can lead to the victim’s untimely death. Under the law, victims of personal injury have the right to receive compensation from the liable party (whether this be an individual, a business firm or a governmental entity) to cover their present and future damages.
Brain injury, otherwise known as intracranial or traumatic brain injury (TBI), is a very serious personal injury caused by a strong jolt or very violent blow to one’s head. This usually occurs during a car accident, fall, violence, explosive blast or sporting accident. The Centers for Disease Control and Prevention (CDC), more than 1 million Americans are treated for brain injuries every year – about 50,000 of them die.
The website of the San Diego maritime lawyers of Ritter & Associates, gives the same statistics and further adds diving and swimming accidents, criminal acts and amusement park ride accidents to the list of causes of brain injury.
Car accident, however, is the major cause of this type of injury. Despite the safety features of a car and the careful observance of traffic rules by some drivers, the negligence of some manufacturers, which result to a car’s poor design and materials, or the recklessness of some drivers, can render futile all observance for safety and cause an accident that can severely injure or kill others – an alarming fact written in an article posted in the website of Habush Habush & Rottier S.C. ®.
Though many states vary in some of the factors that will help determine child custody in the event of divorce or legal separation, one underlying principle that serves as a constant guide in every decision is the child’s best interest. It is only after determining who gets custody that another important issue would need settlement – visitation rights.
In a divorce case, visitation right is awarded to the non-custodial parent. The details of this right, according to the Marshall & Taylor Law Firm, P.C., may be arrived at through “private agreement between the parents, mediation or filing a complaint to be settled by trial.” Whether agreed upon by both parents or pronounced by the court, a detailed visitation schedule (which states the regularity of visits, the exact schedule of picking up and returning the child to the custodial parent, as well as vacation and/or holiday schedules), which will work best for the child and the parents, will have to be made.
It is only upon the determination that the non-custodial parent is unfit to be with the child can the court deny such parent the right to enjoy time with his/her child. By unfit, it is meant that the parent concerned has been proven to be an illegal drug user, an alcoholic and/or verbally or physically abusive. In the event when visitation right has been awarded, such decision may be changed only if the visiting parent is found to fail consistently in following the schedule of visitation or in returning the child (to the custodial parent) at the agreed time; teaching the child illegal or immoral acts and being convicted of a crime (this does not included parents with a prison record, though) are also grounds for the modification of the decision.
Determining who gets child custody and who is given visitation rights are often so hard since many divorcing parents cannot agree on these two divorce-related issues. This is a fact confirmed by Frisco divorce attorneys of Alexander & Associates in an article in their firm’s website; the article goes on to say that the complexities surrounding the divorce issue may eventually be clarified, finally leading to a settlement agreeable to both parents, by seeking legal assistance which will also help ensure that your rights are defended without compromising your child’s best interest.
The National Highway Traffic Safety Administration identifies drunk-driving as one of the major causes of car accidents in the United States. It is primarily due to this that all of the nation’s 50 states have ruled it as a crime to drive while intoxicated, more specifically, to drive with a 0.08% blood alcohol concentration (BAC).
Though punishment may vary from one state to another, these are nonetheless harsh to discourage anyone from violating the law. Austin DWI attorney Ian Inglis states in an article posted in their website that driving under the influence of intoxicants is considered a crime and is punishable by suspension of license and driving privileges, probation and fines.
The punishments imposed on those convicted of DUI or DWI in state of Rhode Island are not less harsh either. DWI attorneys at The Law Offices of Matthew T. Marin, Esq., Inc. state on their website that a conviction can result in community service, imprisonment, fines plus “the the installation of an ignition interlock device” (a device that is capable of analyzing a driver’s breath; it automatically disables the ignition upon detection of alcohol) inside the offender’s vehicle.
An ignition interlock is a device that is required in 45 states; these states allow certain offenders to continue driving, but only if the device has been installed in their vehicle. Individuals caught with a 0.08% or higher BAC level can be convicted of DWI – driving while intoxicated / DUI – driving under the influence / OVI – operating a vehicle under the influence / OWI – operating while impaired (term/s used to refer to the crime depends on which state you are convicted). Making matters worse for the apprehended driver, confiscation of his/her driver’s license when he/she fails (or refuses to undergo) a chemical test is allowed in many states through a procedure called the administrative license suspension.
The National Highway Traffic Safety Administration or NHTSA has never fallen short in its efforts to remind all drivers about the necessity of observing traffic rules and responsible driving. Regardless of the type of vehicle you drive, the NHTSA has specific advertisements and programs which are intended to give you whatever information (regarding road safety) you need to know.
Obviously, millions of vehicular accidents can be blamed on drivers. As NHTSA’s records show, the most common causes of road accidents are drunk-driving, driver error (such as failure to use the seatbelt of signal lights), (over or under) speeding and reckless driving. The website of Pohl & Berk, LLP, based on the so many auto accident cases they have handled and defended well, confirms the fact that no matter how carefully you follow traffic rules there are just some drivers who do not have the same amount of care, being more pre-occupied with their interests than with the safety of all others.
But let us set aside such issues for now and face another fact – that there are many other instances when the cause of the accident is beyond the control of the driver. Some of these can be blamed on the manufacturers of cars and car parts, where low-quality materials are used, while promising great performance just to ensure salability.
Though manufacturers may affect only those who patronize their products and put to risk only these certain few (and their victims) while on the road, there is another factor which directly affects all motorists, putting not just a few, but everybody’s life in danger – road hazards or highway defects.
When a driver violates safety traffic rules, the government’s traffic authorities catches and charges them with the appropriate cases; when manufacturers sell parts that fail industry and government standards, they are charged with product liability (if these parts become the reason for an accident). But when the problem concerns highway defects or road hazards (like roadway debris, potholes, uneven pavement, missing road signs, damaged or missing guardrail), which can very well result to major accidents and severe injuries, who will run after the government, where the responsibility of ensuring the construction of good roads, maintaining the roads’ safeness and displaying of road warning signs where appropriate, lies?
The Law Offices of Mark T. Lassiter, which continue in its defense of so many clients who are victims of accident-related injuries, have witnessed how victims undergo the physical, emotional (and even financial) sufferings caused by their injuries. Regardless of who’s at fault – a private individual, a firm or a governmental entity, once injuries are sustained, the liable party will have to do justice; such is what the requires and the law excuses no one.
The annual number of workplace accidents (in the US) that result in injuries dramatically increased during the early 20th century, prompting the government to enact laws intended to ensure financial assistance to injured workers.
One of these laws is the workers’ compensation benefit of 1908, which was a big boost, especially to workers in the construction industry – people who suffered some of the most severe work-related injuries. This benefit, which was required by law on many employers all across the US, included medical care, payment for lost wages, death benefit and specific loss benefits (paid to those suffering from permanent or severe facial neck or head deformity). The website of Scudder & Hedrick, PLLC, states that loss of function of even one body part due to work, even if the loss is not total, also legally entitles the injured worker to receive compensation. Loss of function of a body part includes loss of sense of sight or hearing, or loss of the functioning of the leg, hand, foot, toe, finger, hand or thumb. While the usual amount of compensation is about 2/3 of the employee’s wages, its duration will depend on the particular body part that was injured and the severity of the injury.
Thus, the actual primary aim of the workers’ compensation benefit was to help injured workers financially until the time they are able to return to work. But there have been instances when the injury sustained by the employee renders him/her permanently disabled. In such cases, the benefits may be paid to the employee in lump sum form (the injured employee’s medical records, the cost of future medical treatment and getting temporary employment elsewhere despite the injury, are also considered in the determination of the amount of compensation).
If the injury will obviously no longer enable the employee to return to his/her previous work, then it would be part of the insurance company’s lawyer’s job to help the injured find alternative work which he/she will be able to perform well. Observing extra caution regarding this may be necessary as assisting you in finding another job may just be a tactic to keep the insurance company from paying the full amount of compensation.
You have shown your commitment in serving your company, despite hazard to your safety and health, without hesitation or delay; in the event of an injury it is only right that your company express its gratitude by awarding you full compensation for your injuries. Sadly, the workers’ compensation claims can be difficult to apply for correctly. A Massachusetts personal injury attorney can help you understand the process and the methods by which these applications are submitted.