Manufacturers are Ultimately Liable for Injuries Resulting from their Defective Medications

In 2005, the National Electronic Injury Surveillance System of the U.S. Consumer Product Safety Commission (CPSC) reported 202,300 injuries and 20 deaths involving children 15 years old and below. These injuries and death are all toy-related.

Defects are not only found in toys. There are as many harmful defects as the number of the kinds of products available in the market, including vehicles, food and pharmaceutical products. With regard to food, an instance of food poisoning occurred in 2011; this was the listeriosis outbreak. Its effect was immediate, causing infection in 146 people, 30 deaths and 1 miscarriage – all those affected were from 28 different states.

Another type of harmful product is defective drugs, especially prescription drugs, which are formulated to serve as safe and effective treatment to serious health conditions. However, instead of delivering the cure they are intended to provide, many of them cause adverse effects that cause harm in patients and/or further worsen patients’ original health complaints.

Before being introduced into the market, a drug needs to be approved by the U.S. Food and Drug Administration first. Before approval by the FDA, however, the drug’s manufacturer first needs to show proofs that the drug has been tested and proven safe and effective for patient use.

Despite the extensive research and tests conducted by pharmaceutical experts, many drugs still get reported to the FDA as increasing the risk of the development of more serious illnesses or causing death in some of those who use them; hundreds of prescription drugs have been linked to either of the two or both. This may be due to either of these two reasons: first, since the drug companies are the ones sponsoring the tests conducted on their medical products, some keep the negative results detected from the medicine and submit only the positive outcome of the tests to the FDA. Second, despite the real effectiveness and safeness of the medicine, the patient’s immune system may not be strong enough to fight possible drug side-effects, or the patient may have a medical health condition or is taking another medication, causing the drug from working safely and effective in him/her. This is why it is important that doctors explain to their patients everything concerning the drug that they prescribe; about the drug’s possible effects and what health condition and which medication will not work well with it.

The Amerio Law says, “Hundreds of new drugs and medical products are approved by the Food and Drug Administration in the United States every year. In turn, they are utilized by thousands of patients suffering from a variety of ailments or medical issues. Sometimes, a drug or medical product is released to the public, and it is later found to be dangerous or defective, thus causing serious injuries… even death in some cases.

While many drugs have dangerous side effects, others have the potential to cause much more serious, long-term personal injury. Although the FDA plays a regulatory role in approving and monitoring their safety after approval of a drug, the manufacturer is ultimately liable for any injuries resulting from their medications… and they MUST be held accountable!”

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Bait-and-Switch as Business Fraud in Retail

Business fraud is a serious case, but individuals and businesses alike have been defrauded continuously in Houston. The guilty parties tend to overlook the possible consequences because of the economic gains in engaging in such an act. But at the end of the day, they are most likely causing damages to the other party. So they should be afraid that the other party will act immediately against them.

Bait-and-switch is one of the common forms of business fraud in retail. It happens when the merchant “baits” customers for products or services. When the customer finally goes to the store, he finds the product or service disappointing because 1: it is not available, or 2: it does not live up to what has been advertised. The merchant then introduces a similar product or service to force the customer to “switch” into it.

The merchant can gain significant revenue because of this tactic, but it does not change the fact that the merchant has committed false advertising and could be held liable for it. If you are a customer who has become a victim of the bait-and-switch scam, you can file a lawsuit against the merchant.

If you are a business, the lawsuit could even be more serious. If your product or service has been used as a “bait” for customers, you can file a case of trademark infringement. The loss of possible revenue and other damages to your property are also legitimate reasons to make your case even stronger.

According to an informative article in the website of Houston deceptive trade practices lawyers, there is a good chance to hold the merchant accountable, especially if there is proof that the merchant has intentionally and disingenuously represented itself as a means to deceive you or deprive you of your property.

The fact that business fraud continues to exist is proof that businesses are not afraid enough of the consequences. As a victim of fraud, you should be assertive and fight against the guilty parties. If all of the victims continue to fight for what is right, we are moving one step closer into a world free of business fraud such as bait-and-switch operations.

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Employment Law 101: Wrongful Termination and “Employment-at-Will” Contracts

In some ways, the U.S. marketplace has yet to fully recover from the instability it experienced in the past decade. This is evident in the fact that there are still a good number of people that are having a difficult time with finding employment opportunities. As of September 2016, the U.S. unemployment rate is at 5 percent. While this is certainly an improvement compared to the last five years, there’s still plenty of room for improvements to be made. As such, it’s completely understandable why many workers jump at the chance to secure a job—even if it comes with certain costs.

In most states across America, workers are employed under what is called an “employment-at-will” contract. According to the Leichter Employment Law Firm, being an at-will employee means that employers are to issue a termination without giving prior notice as long as the reasons are legitimate and lawful. Unfortunately, many employers tend to abuse the leeway provided by such a contract. In some cases, employees do not receive appropriate notice for their termination. This is when wrongful termination happens. When an employee is suddenly let go of their jobs without any discernable explanation, it can typically be due to violations in fair labor practices. Wrongful termination includes the firing of employees based on discriminatory acts against their race, gender, religion, or health status. It can also be done as retaliation against employees who might have, for example, gone ahead to lodge a complaint against a supervisor’s continued harassment.

Employment-at-will contracts also go both ways. While employers are allowed to terminate a working relationship with an employee at any given time with appropriate reason, the same thing can also be done by the other party. Still, for many employees, it seems that at-will contracts only benefit employers as it allows them to work around specific fair labor practices regulations. With this in mind, employees in these situations shouldn’t hesitate to consult with a legal professional to learn more about how they can lodge official complaints against their wrongful termination.

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Why Do Dogs Bite – Warning Signs and Prevention

Dogs are man’s best friend. They will protect you, remain loyal, give companionship, and others. They are sweet and cuddly as a pet. However, when provoked or for other reasons, dogs can also be your worst enemy. According to the website of Bruner Law Firm, the owner of the dog has a legal obligation to restrain the dog. Have you ever wondered why dogs bite?

Dogs will not bite just because they want to. There are several reasons they do so. While they have the ability to inhibit themselves from biting, they bite when their restrain for biting is exceeded. Here are the reasons dogs will bite:

1. Dogs bite in order to protect their territory. This is true when a stranger tries to approach their owner or the home of their masters.

2. Dogs bite when they are provoked. For example, when you take something away from them or when you step over the dog. The behavior of individuals around them can provoke the dog to bite.

3. The dog is either injured or sick.

4. The dog gets overly excited while engaging in rough play with a child

5. For pregnant dogs, they will bite if someone tries to take their puppies away

6. They are just having a bad day

Warning Signs

The good news is that there are warning signs that the dog will send you if they will bite. Some of the common indicators include the following:

  • Direct eye contact
  • Growling, snapping, and showing of teeth
  • Wagging of tail. Some tail wags indicates that the dog is a little bit hesitant and may want to bite you. If the tail is wagging slightly, that is a sign that they are ready to bite you.
  • Turning their heads away from you or getting up and moving away
  • Scratching, biting, or licking themselves
  • Yawning

Preventing Dogs From Biting

According to a report by the American Veterinary Medical Association, Task Force on Canine Aggression and Human-Canine Interactions, there are five factors that can determine whether a dog will bite.

1. Breed of the parents. Aggression is built-in in certain breeds of dogs and this helps determine whether the dog will bite.
2. Socialization. By training the dog to feel comfortable in different situations, you can prevent them from biting.
3. Training. If the dog was trained to be aggressive to people, this can be a danger. But poor or no training at all can also be bad.
4. Health. When the dog is injured, sick, or in pain, it can be a stimuli for biting.
5. Behavior of the victim. If the people around the dog provokes them to bite.

Understanding warning signs can help prevent dogs from biting.

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Abuse and Neglect in Nursing Homes: Continuously Threatening the Well-being of Senior Residents

According to the American Association for Justice, about 90% of nursing home facilities do not have enough qualified nurses and trained personnel who can provide residents with the quality care they need and which these very nursing facilities actually advertise and promise.

Nursing home facilities, also called Skilled Nursing Facility, Nursing Center, Convalescent Care or Long Term Care Facility, are designed for those who require round the clock custodial and skilled nursing care; these include adults (usually those aged 65 and above), physically or mentally incapacitated individuals, people who are ill and in need of rehabilitative therapy, and those suffering from Alzheimer’s disease. Since these individuals are no longer capable of performing even the basic activities in daily living, trained facility staff members are tasked to provide them custodial care, which includes feeding, bathing, dressing and toileting.

According to the Centers for Disease Control and Prevention (CDC), as of February of 2015, about 1.4 million residents are housed in 15,700 nursing homes facilities located in different parts of the US. Despite the need to house their elder loved one in a nursing home and despite the thousands of nursing facilities in each state, though, many families are unsure about which facility they should actually choose due to the widespread cases of neglect and abuse that cause residents more suffering, including physical injuries, emotional trauma, humiliation, self-pity, hatred, despair, and so forth.

In a study conducted by a staff from the Special Investigations Division of the House Government Reform Committee, it is shown that from January 1999 to January 2001, 9,000 instances of abuse in 5,283 nursing home facilities were committed. Some of these abuses or lack of care included inadequate medical care, inadequate sanitation and hygiene, and acts that resulted to dehydration, untreated bedsores, preventable accidents, and malnutrition. But besides physical abuse, residents were also subjected to other forms of unjust treatments, including financial abuse, emotional abuse, verbal abuse and, the most degrading of all, sexual abuse.

Despite the Nursing Home Reform Act that was enacted by the US Congress in 1987, which mandated the provision of services and activities that are gird towards the attainment or maintenance of the “highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care,” nursing home abuses and acts of neglect still continue to happen.

An abuse, as defined under Federal nursing home regulations, is any form of act that results to intimidation, unreasonable confinement, physical harm and/or mental anguish, and which purposely inflicts injury, or deprives care or service. Neglect, on the other hand, refers to any form of failure to provide a resident with the required care and service that will ensure ease of pain or freedom from harm, or failure to assist a resident during potentially dangerous situations which may result to harm or anxiety. Acts of neglect may by intentional or non-intentional.

According to the website of the Karlin, Fleisher & Falkenberg law firm, a family that entrusts its loved one to a nursing facility has every reason to believe that he or she would only be treated with dignity and compassion throughout the duration of his or her stay. Failure to provide this dignified and compassionate treatment, which nursing homes promise to provide, much more subject an elder resident to abusive and neglectful treatment, gives the resident and his or her family the right to take action against the guilty party to hold them responsible.

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Potential Birth Related Brain Injuries

There was a period when pregnancy was like a death sentence. There was a chance that is 50-50 that the caretaker the youngster, or equally will die during childbirth. This is because traditionally, a female gave beginning at home of course, if she was really fortunate, would have a midwife in presence who’d learn more than the mother about this, however, not significantly. Deaths also occurred since cleanliness wasn’t a top precedence back in the afternoon, so what the injury of labor did not do, a disease could complete.

Obviously, these specific things are no longer accurate, the numbers are way lower and while parents and kids still expire from the problems of labor. A qualified obstetrician could be in general to assist using a supply, and their palms are washed by everyone before performing the deed. Nevertheless, you can still find instances when beginning injuries arise that could end in lifelong or death health issues for the kid.

Based on the internet site of the Driscoll Firm, a large number (2 out of 1000 live births) of youngsters existing together with the features of cerebral palsy (CP) afterbirth. The data shows that a significant number could possibly be due to medical negligence while the exact cause of neonatal CP isn’t identified.

CP is just a generator development issue in which the afflicted may have in controlling their activities modest to severe trouble, with respect to CP present’s kind. These experiencing CP’s worse types would need special attention throughout their lives and would be incompetent at caring for themselves.

At-birth onset of CP may be due to several elements, such as an intrauterine infection’s reputation or lead exposure of mom. However, it can be feasible the CP come for the child’s head before from an inadequate movement of oxygen, after the stresses of childbirth, and during. Medical neglect kicks in if the physician fails to follow treatment that is common to clear the air passage of the newborn quickly upon distribution, causing CP advancement.

Contact an individual injury lawyer in the region in receiving payment for such scenarios, specializing if your kid has endured beginning incidents as a result of neglect or mess of a health career. You will need all of the support you will get to provide on your child that is sad. Should you live in your kid as well as the East Texas area is actually a prey of delivery incidents, subsequently contacting a Fort Worth Injury Lawyer will be the next best step in understanding more regarding the next lawful methods to get.

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Motorcycle Accidents: Common Causes

The Insurance Institute for Highway Safety or IIHS says that motorcycle accidents lead to more fatalities compared to accidents involving regular passenger cars. The reason as to why motorcycles are more susceptible to dangerous accidents is easy to surmise. Unlike drivers and passengers riding inside a car, motorcycle riders aren’t protected by anything else other than the safety equipment that they’re wearing.

Despite these risks, there are still ways that motorcycle riders can’t reduce the possibility of facing the potential dangers common to the vehicles they are operating. By learning more about the common causes of motorcycle accidents, riders can do what they can to avoid any unwanted outcomes. Any personal injury lawyer in TN has probably seen the severe effects of motorcycle accidents and would know that the following are just some of the incidents that they can learn more about to prevent possible accidents.

Sudden stop collisions are a lot more dangerous for motorcycles that it is for regular passenger cars. When another vehicle rear ends a motorcycle, the force can cause the cyclist to fall to the ground. Another common cause of major motorcycle accidents is the size of the vehicle in question. This makes riders more vulnerable to blind spots of other vehicles.

Something else that should be kept in mind is the condition of the road when operating a motorcycle. For example, slippery roads can cause a motorcycle to skid off the road and crash somewhere else. Likewise, mechanical defects and malfunctions can also cause a motorcycle to veer out of the control of the cyclist.

Lastly, motorcycle riders should be on the lookout for open car doors they might crash into. These types of collisions are particularly common in residential streets where other drivers might leave their car doors open for a while.

Even while fatalities are tragically a common outcome in motorcycle accidents, some riders are fortunate enough to survive the crash. Still, they are still left with severe injuries that will take a long time to recover from. As a motorcycle rider, it is important to stay safe and protect yourself from injury.

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PCBs Explained

PCBs or polychlorinated biphenyls is a group of 209 man-made organic compounds. It has two benzene rings (biphenyl) to which are attached chlorine atoms. The different PCBs are distinguished by the number of chlorine atoms attached, which is anywhere from 1 to 10. About 130 of the 209 possible congeners have commercial applications, although in the US, 98% of commercially produced PCBs are confined to just seven congeners.

PCBs are extremely useful because they are heat resistant, non-conductive, and stable compounds. They are useful as coolant and insulating fluids. The most common industrial use for PCBs is in transformers and capacitors. PCBs are also added to paints, cements, electrical wiring, PVC coating, pesticides, flame retardants, hydraulic fluid, and sealants for a variety of reasons. The compound is produced under various trade names. Monsanto PCBs go by the name of Aroclor, and Monsanto Company is the only US producer of PCBs in the US.

PCBs are extremely useful across many industries, including paper production and medical equipment. It is unfortunate that the properties that make it so useful are the same properties that make it highly toxic to the environment, animal life, and humans.

PCBs do not exist in nature. Prior to its discovery in 1881 by German scientists, there was no PCB detectable in the environment. However, once it escapes into the soil, water, and air, it does not degrade on its own. The worst thing is it permeates into the tissue of fish and other animals, which then moves up the food chain. Studies have shown that it causes cancer in lab animals, and is probably carcinogenic to humans.

It is extremely difficult and expensive to manage PCB contamination. Wastes containing PCBs dumped in landfills and rivers in the 1930s are still detectable today despite massive efforts to eradicate them. Fish from certain rivers are no longer safe to eat, and residents near rivers and landfills are at high risk of developing health complications from PCB exposure by simply breathing.

The problem of PCB is on a global scale. The most badly hit cities in the US are currently struggling with clean up operations. It will take time and it will take money. It is hoped that there is enough of both to keep PCB levels down to manageable levels.

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Permanent Injury Caused by GranuFlo

GranuFlo was introduced as a dialysis drug for kidney failure in the 1940’s, quickly becoming a much needed and widely used medical option for individuals suffering from kidney damage. Recently, however, the U.S. Food and Drug Administration issued a Class 1 recall on the drug. According to the website of Williams Kherkher, an anonymous person sent in an internal document from Fresenius, the drug manufacturer, that linked GranuFlo with up to 941 cases of cardiac arrest.

Out of the 400,000 Americans receiving dialysis treatment, Fresenius Medical Care serves more than one third of them. The released report showed that patients with higher levels of bicarbonate, the substance GranuFlo administers to the dialysis patient, were six times more likely to suffer cardiac attacks than those with lower levels. It is reported that up to 30 percent of patients exhibited a bicarbonate level that was too high.

The increased bicarbonate in the bloodstream caused by GranuFlo causes the pH levels to become too acidic, leading to metabolic alkalosis. Metabolic alkalosis is a serious side effect of GranuFlo that can lead to significant health problems such as heart arrhythmias, comas, heart attacks, or death.

The accusation that Fresenius was aware of the potential health risks associated with its product would mean the company is responsible for the wrongful deaths of its clients. The website of Franklin, Wisconsin personal injury lawyers defines wrongful death as the loss a person dude to the irresponsible or reckless actions of another party.

If you or a loved one has suffered due to Fresenius and its product GranuFlo, consult a personal injury attorney in your state to discuss legal options and compensation.

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The Pros and Cons of Selling Your Mineral Rights

The United States of America is the only country that allows for the ownership and selling of mineral rights by individuals. If an individual owns property and did not previously convey mineral rights to another person, they own the rights. This is an asset that many people choose to lease or sell in order to be financially awarded for a resource they otherwise of little use for. However, there are several factors to consider in choosing between leasing or selling mineral rights.

Leasing mineral rights involves an oil and gas company offering financial compensation upfront and providing royalties for the resources the land produces over the time of the contract. These payments can fluctuate over time depending on the production yield of the land.

The Pros of Leasing:

  • Retention of ownership of the rights
  • Bonus payments for signing a leasing contract
  • Continuous royalty payments

The Cons of Leasing:

  • Risky

There’s substantial risk involved in leasing mineral rights. The oil company controls when drilling occurs and there is no guarantee that the land will be fruitful in minerals. Oil and gas prices may also fluctuate and effect royalty payments.

Selling mineral rights is less risky than leasing mineral rights. The simpler process involves the oil and gas company evaluating the property and potential yield before making an offer.

The Pros of Selling:

  • Money on the spot
  • Less risk
  • Little paperwork

The Cons of Selling:

  • No more rights
  • No continued payments

Selling your mineral rights will give you a large lump of cash. There is no risk assumed to you as would be the case when leasing mineral rights. If the land does not produce as the oil and gas company hoped, the repercussions are not the seller’s responsibility. However, if the land is profitable, the lump sum received may be less than if the seller had leased and received royalties.

According to the website of The Mineral Auction, other pros of selling to consider include capitalizing on the current boom in oil, favorable tax savings, and a strong investment in non-depleting assets. If you are interested in leasing or selling your mineral rights, contact a mineral broker in your state.

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