The Scarsdale Daily Voice

Scarsdale, New York

Victims of GranuFlo File Lawsuit

March 22nd, 2013

Personal injury lawyers handling medical malpractice lawsuits understand the plight of patients who are made to suffer additional illnesses as a result of side effects of medications prescribed to them. Besides the unexpected bodily, emotional, and mental anguish caused by these side effects, those who are injured or made ill by a medical product often have to cope with substantial financial consequences, as well.

GranuFlo, a dry acid product used to cleanse the bloodstream of damaging substances during kidney dialysis, is known to cause severe side effects in some patients, including stroke, risk of heart attack or, worst of all, sudden death. When the kidneys no longer function well, compounds that can help eliminate acids and other harmful matter in the bloodstream become highly essential. Though GranuFlo seemed to have done the job of cleansing the kidney, the complications it causes have been found to be excessively dangerous. And worse, despite the continuous increase in health problems this product showed from 2004 – 2011, Fresenius Medical Care, its manufacturer, ignored all these and still continued to aggressively market the product.

In 2010, approximately 941 (from 667 clinics owned and managed by Fresenius) patients suffered unexpected heart attacks during dialysis treatment using GranuFlo. Detailed information regarding the incidents and the risks associated with the use of the product was compiled and distributed by Fresenius, but only to its own clinics, excluding all other dialysis clinics across the US in the list of recipients. Cessation of the use of the product probably started only on March 29, 2012, after the US Food and Drug Administration issued a Class 1 recall, the most serious form of recall the FDA can issue.

It seems that Fresenius chose to ignore the obvious and severe complications GranuFlo is associated with, in spite of ample evidence of these problems. But whether their actions were intentional or not, the fact remains that lives have been severely affected, and Fresenius is legally responsible for the consequences.

If you or anyone you know has suffered or is suffering due to this product from Fresenius Medical Care, which was declared effectively safe, you should know that a GranuFlo lawsuit may be the best means available to help you get the compensation you deserve for your damages. There are GranuFlo lawsuit lawyers who will exercise total dedication in representing you and in fighting for your rights. Do not hesitate; call a lawyer today.

What Airplane Accident Victims Should Know

March 18th, 2013

You may hear other people saying that accidents are inevitable and that they are bound to happen. This may be true, but only if people choose not to care for the safety of others. Thus, if you are ever involved in an accident and sustain an injury, due to another person’s recklessness or carelessness, then, under the law, you are entitled to pursue compensation from the liable party for your financial losses, such as lost salary and injury-related expenses, including medical treatment.

According to http://www.jeffsampsonlaw.com, these injuries don’t just cause bodily harm; they may also result in mental or emotional anguish suffered by the victim. The amount of compensation a victim of personal injury may be entitled to receive will depend on different factors, like the nature of the injury (that is, temporary or permanent), cost of medical treatment, and amount of losses in salary.

There are many different ways through which you can sustain a personal injury; one of these ways, wherein your personal injury attorney can very effectively represent you, is airplane accidents.  Accidents, such as these, can be caused by pilot error, mechanical defect or malfunction, airline liability or negligence, air traffic controller error, and pilot intoxication.

Although airplanes are a fast and convenient means of transportation, they are also potentially extremely dangerous if they are involved in an accident. Due to the severe nature of these types of accidents, serious, permanent injury or even death is often a result.

Regardless of the type of injury an injury victim sustains, one thing holds true – that he or she can (and ought to) receive compensation. For more information on effective training for airplane pilots, click here.

 

The Phases of Divorce and Other Important Issues

March 15th, 2013

Though divorce may be the best option to end a turbulent and unhappy marriage, this complex process is often stressful, frustrating, and overwhelming, even in the best of circumstances. Depending on the type of settlement spouses want to pursue, a divorce case can last between a couple of weeks to more than a year. A divorce settled amicably, that is uncontested, can be the shortest, easiest, and least expensive; however, many couples find they cannot agree on a number of important issues, including:

  • Division of marital assets and debts
  • Alimony or Spouse support
  • Child custody and child support
  • Child visitation

When a couple cannot reach an agreement on these or other issues, they will likely have to seek a contested divorce. In doing so, they may have to go through the following steps:

  • Meeting with a divorce attorney – Selecting the lawyer who you believe can best represent you, doing interviews with him or her, and providing him or her with all the information (about marital properties and children) necessary for your case
  • Divorce petition served to your spouse – Serving the divorce petition to your spouse (through mail, by a deputy sheriff, or personally) may be done after it has been filed with the court
  • Your spouse responds to the petition – Your spouse is given about 30 days to respond to the petition (a law common to most states). His or her option not to respond will earn you a default judgment of divorce; by responding, your divorce case will go to the nest stages: discovery and settlement
  • Discovery – This is the phase where issues about income, marital assets, and custody are brought into the open, as well as other issues relevant to the case
  • Settlement – Prior to the final court schedule, spouses will be asked by the judge to reach an agreement. The discovery stage continues if agreement is not reached; this is followed by the scheduling of the case for divorce court
  • Trial – The phase for presenting or cross-examining witnesses
  • Post – Trial Motion –30 days is usually allotted for the defendant to file for relief from the judge’s signed final order. Another 30 days is given for the other party to respond to this motion
  • Appeals – This is resorted to only if the post-trial motion has been denied

While every divorce does not go through all or most of these steps, it is possible, depending on a couple’s circumstances and each person’s wishes or needs.

karenalexanderlegal.com

 

Proving a Medical Malpractice Claim

March 6th, 2013

Medical malpractice is the name given to the actions of a doctor who injures a patient as a result of a failure to perform his or her duties with the degree of competence that is expected of professionals in the unforgiving field of medicine. When doctors make mistakes, they can have severe, sometimes life threatening, consequences on their patients. Doctors can actually be held accountable for these injurious mistakes through medical malpractice claims. There is a lot that must go into filing and proving these claims, however.

medical mistakeOne of the first things that must be proven in a medical malpractice suit is that the doctor being accused of mistreating a patient was actually rendering medical services to him or her. If the accused doctor can prove he or she wasn’t the plaintiff’s acting physician, the case will be thrown out. This is the easiest part of any malpractice case.

The most difficult part is proving that the doctor behaved negligently. To do this, most claimants call on the expertise of other medical professionals in hopes of illustrating that their doctor failed to provide the level of care that a typical  doctor would reasonably supply under similar circumstances. If the doctor’s treatment method was reasonable and careful, it will be incredibly difficult to prove malpractice.

However, if it is determined that the doctor was negligent, the next step to proving malpractice is proving that the doctor’s negligence and mistakes directly led to the injury sustained by the patient. This is challenging because the vast majority of people don’t go to the doctor unless something is wrong with them to begin with. It can be difficult to determine the root of an injury, but it is possible.

Medical malpractice lawsuits offer the victims of irresponsible doctors an opportunity to recover compensation for the high costs of the detrimental treatment they received as well as any further treatment they may require as a result.

How to Handle a Wrongful Death Lawsuit

March 1st, 2013

Suffering the loss of a loved one can be a devastating experience regardless of the circumstances. However, it can be doubly painful to know that the cause of their death was negligence or the carelessness of others. Filing a wrongful death lawsuit is one way to help deal with the financial troubles as well as the emotional trauma that the death has caused to a family. A wrongful death lawyer would help in assisting you in getting the necessary compensation.

Not everyone can file for a wrongful death suit. As any wrongful death lawyer can tell you, only certain people have the right to file for compensation for a wrongful death suit, such as:

  1. Immediate family members – namely the parents, spouses, children, and legally acknowledged adopted children. They are the most accepted claimants for wrongful death suits, accepted by every state.
  2. Distant family members – brothers, sisters, and even grandparents are allowed in some states to file wrongful death suits.
  3. Financial dependents – some states allow people who are affected by the death to file for a wrongful death suit (even if they are not married or blood-relatives) if they can prove the death has caused them financial strain.
  4. Parents of a deceased child – for instances where medical malpractice caused the death of a newborn child, parents can file a wrongful death suit against the medical professional or the hospital itself.

While trying to cope with the consequences of a loved one’s loss, the last thing most people want to think about is financial issues. However, particularly when the cause of such a tragic loss was another person’s irresponsible behavior, it may be necessary to consider these things in order to get the compensation necessary to pay for funeral costs, medical bills, and other consequences of a loved one’s loss.

There is a lot to prepare after a loved one’s death, which are difficult in and of themselves. Funeral preparations, informing the deceased’s friends and family, going through his or her belongings, finding a new home for pets, and other post-death things that need to be tended to can take a lot out of a person, so adding a lawsuit on top of it can be unfathomable. However, the lawsuit should be begun as soon as possible, as there is only a limited time to file.

News On Topiramate and Its Effects

February 22nd, 2013

On March 4, 2011, the US Food and Drug Administration warned the public of the grave complications Topiramate can have when taken during pregnancy. Listed under the brand Topomax, the prescription drug Topiramate effectively reduces the likelihood of epileptic seizures and migraine attacks. FDA studies, however, have shown that it increases risk of injury to a fetus, potentially resulting in birth defects like Hypospadias, a condition in which the urethra, the tube through which urine is drained from the bladder, is found at the underside of the male organ instead of at its tip.

If you have taken Topiramate during your pregnancy and have given birth to a baby with a physical deformity, you should considering contacting an attorney and allow him or her to study your case. If your child’s defect is determined to have been caused by Topiramate, then under the law you are allowed to file a claim against this product’s manufacturer and receive compensation for the damages you and, especially, your child have gone through. Though neither a Topamax lawsuit nor any amount of compensation will ever erase the marks of injury, your child may, at least, be able to have the financial security that is necessary to afford surgical procedures and further medical treatments.

First introduced in the market by Johnson & Johnson in 1996, Topiramate proved to be an effective prescription drug, providing epileptics and those suffering from migraines their needed relief. The drug also seemed to have worked where all other medications failed. It was manufactured in two different forms: pill and powder (allowing it to be mixed in food easily). To reduce seizures and migraine attacks, Topiramate suppressed all seizure or pain-causing signals coming from the nerves. Despite being an effective treatment for its intended conditions, however, the effects of Topiramate can be devastating for families.

Though the FDA never banned the prescription, sale, or use of Topiramate, it advised medical authorities and professionals to observe extreme care when prescribing the drug, especially to pregnant women, suggesting that it may only be recommend to expecting mothers if its benefits undoubtedly outweigh the risks.

 

Asset Division in a Divorce

February 9th, 2013

There are many different phases of a divorce, and one of the most important ones for the divorcing couple to be aware of is the way the marriage’s assets are going to be divided.

property divisionA divorce court’s goal when determining how these assets will be split among the former spouses is to do so evenly. The rules the court will use to determine fairness vary from state to state. A majority of states use an “equitable distribution” model. Equitable distribution divides the assets of a marriage based on an array of factors that include debts, parental responsibilities, and earning potential. Therefore, assets acquired during the marriage will not necessarily be evenly distributed.

The other model, used by nine states, is “community property,” in which the division of assets begins at 50-50. The idea is that the each member of the marriage has an equal stake in all of the assets and debts acquired during its course. These are divided evenly, so if one spouse runs up a great deal of debt, the other person may have to pay a portion of it.

The end of a marriage is always a difficult time for everyone involved, but having an understanding of how property division works can reduce the odds of further unpleasant surprises.

Filing for Social Security Disability Payments

January 20th, 2013

People who are victims of accidents due to another person’s negligence are eligible for compensation while they are in treatment in and out of the hospital and while they are unable to work. While this can be a great help to people who don’t have enough to pay for hospitalization and treatments, there are certain injuries that can put a person out of work for a very long time, which can eventually deplete their savings and put them and their families in danger.

Many suggest that when a person injured in a work-related accident has become unable to work for more than a year or if the nature of that individual’s work has caused the person to contract a serious illness, he or she may be eligible for Social Security Disability Benefits, such as SSDI. When such a circumstance occurs, it is vital for the victim to file for these financial benefits as soon as possible in order to acquire basic support while they are unable to work.

The complexity of filing for Social Security Disability payments and benefits can cause a lot of people to have their payments delayed, while some are even denied the benefits they deserve. Therefore, it is vital to know how to proceed beforehand in order to have your basic support through Social Security in order to help you get back on your feet again after an accident.

There are certain factors that will be taken into account before you are able to acquire disability benefits after your accident. Talking with personal injury lawyers who have extensive knowledge about these things and how they work can greatly increase your chances of getting the necessary benefits. When you are already suffering from a disability caused by a workplace accident due to another person’s carelessness, troubling yourself with processing all the paperwork for Social Security disability benefits is the last thing you should have to worry about. As such, it would be better to get help from professionals who know how this process works so you can focus on recovering from your injury.