Archive for April, 2012
News Texas Dangerous Drugs That Are Generic Make Malpractice Lawsuit Unlikely to Succeed 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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Source : ABC News
It is illegal for debt collectors to make empty threats about serving people with a lawsuit or seizing their home. And it was especially galling to Mey, who says she is debt-free.
“They threatened to take legal action against our property and it wasn’t even our debt,” Mey said.
Millions of Americans are victims of this kind of mistaken debtor identity, partly because of a new breed of collectors called “debt buyers.” They purchase old debts for pennies that the original creditors have given up on and then try to collect them for a big profit. Critics say debt buyers sometimes use outrageous tactics to get the money where others have failed. RFA is a debt buyer.
See: Bankruptcy Lawyer NC
Mey said she immediately called 911 to report that someone had threatened to sexually assault her. She says she was terrified because she believed the call was from a local number. Mey said she then bolted the door and got her husband’s gun out of the dresser and hung it on the bedpost in her bedroom.
When “Nightline” went to RFA’s Orange County, Calif., office to ask about the case, it was abandoned. RFA is actually a fictitious business name for a company called Global AG, LLC. Records show it is just one of several collection companies run by the same people that often change names and move. “Nightline” also visited other offices registered to people named in Mey’s suit, but employees refused to talk and asked us to leave.
RFA’s lawyer later told “Nightline” that RFA made the first collection call to Mey, but denies making the second, obscene call. He said he was speaking on behalf of company principals Thai Han, Jim Phelps and Stewart Phillips.
“My clients say it is not their policy to engage in conduct that violates the law,” he said. He characterized the $10 million judgment as “unfair.”
As for Diana Mey, she says she knows she may never be able to collect the money, but that her lawsuit still serves a purpose.
“I hope that it sends a message to other debt collectors out there that you have to follow the law,” she said. “Because if you don’t, there are going to be people out there that are going to stand up against you.”
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 attorney corpus Christi
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.
The San Antonio attorney at The Herrera Law Firm, Inc. urge drivers to keep an eye on motorcyclists, who are vulnerable to serious injuries in wrecks.
The Texas Department of Transportation reports that 87 percent of motorcycle accidents result in injuries or death to the rider. People on motorcycles are five times more likely to sustain injuries and 25 times more likely to die in a wreck than people in cars, according to the National Highway Traffic Safety Administration. Read the rest of this entry »