• lawyer

    Posted on August 25th, 2011

    Written by

    Darvocet and Darvon Lawsuits Centralized in Federal Court in Kentucky

    A judicial panel has decided that Darvon/Darvocet lawsuits will be consolidated for purposes of discovery.  The lawsuits will be part of multidistrict litigation, and will be centralized in federal court in Kentucky.

    At least 17 Darvon/Darvocet lawsuits will be transferred to the multidistrict litigation in the U.S. District Court for the Eastern District of Kentucky, and any new lawsuits filed will also be transferred there.  As part of discovery, Darvocet lawyers will research several issues – whether propoxyphene-containing medications like Darvon and Darvocet have defects that may be dangerous, and whether the defendants – Eli Lilly in the case of Darvon, and Xanodyne in the case of Darvocet – were aware of the dangerous side effects from the use of these medications.

    The defendants had argued against consolidation of all the lawsuits, saying that pretrial proceedings would likely focus on each individual plaintiff’s health.  However, the panel disagreed with the defendants, saying that the benefits of having multidistrict litigation outweigh the differences in individual cases.

    The move to centralize all Darvocet/Darvon lawsuits into single multidistrict litigation began in December 2010.  The petition was filed soon after a recall of all propoxyphene-containing painkillers.  The recall included both Darvocet and Darvocet as well as the generic versions.  The recall was announced in November 2010, when the Food and Drug Administration concluded that the use of propoxyphene-containing medications like Darvon and Darvocet increased the risk of cardiac disorders including cardiac arrhythmias or change in cardiac rhythm, tachycardia, ventricular fibrillation and myocardial infarction.

    The Food and Drug Administration panel that investigated the side effects of Darvon/Darvocet, also concluded that the side effects included suicidal fantasies, suicide risks, seizures and addiction.  Until the recall was announced, the FDA had received more than 3,000 reports of serious side effects resulting from Darvocet use.

    Share
  • lawyer, Personal Injury

    Posted on July 8th, 2011

    Written by

    Los Angeles Motorcyclist Killed in Accident

    A Los Angeles motorcyclist was killed in an accident near Point Mugu State Beach earlier this week. According to the California Highway Patrol, the 22-year-old motorcyclist was riding on Pacific Coast Highway on the 4th of July, when a car pulled out of a beach parking lot and into the path of the motorcycle.  The motorcyclist hit the driver’s side of the car, and was thrown off.  He sustained serious injuries, and was rushed to the hospital.  However, he later succumbed to his injuries.

    The victim was part of a group of motorcyclists that had been headed back to Los Angeles from Fillmore.  The California Highway Patrol does not believe that alcohol or drug use was involved in this accident.

    However, this accident illustrates to Los Angeles motorcycle accident lawyers the dangers to motorcyclists when they are struck by cars that are pulling out of parking lots or garages.  These kinds of accidents occur more often during summer when there are more motorists on the road.  A motorcyclist can be taken completely unawares when a car backs out into the rider’s path.

    This is the reason why Los Angeles motorcycle accident attorneys always advise that motorists look out for motorcyclists when they are pulling out of a parking lot.  Motorcycles can be easy to miss, and can easily fall in a vehicle’s blind spots, which is why a motorist must be extra careful.

    A motorcyclist’s risk of an accident always increases during summer, when sharing the streets with more drivers on the road.  It’s not hard to see why summer is one of the most dangerous times for motorcyclists.  Many of these are inexperienced teenage and young drivers, vacationers, or people generally distracted by their summer plans.

    Share
  • Bankruptcy & Debt Collection

    Posted on July 3rd, 2011

    Written by

    Nurserymen’s Exchange Files for Chapter 11 Bankruptcy

    Plant wholesaler Nurserymen’s Exchange has filed for Chapter 11 bankruptcy protection.  The petition will be heard in the Northern District of California Bankruptcy Court.  Nurserymen’s Exchange is also announcing the sale of 28 acres of land as part of its efforts to restructure the finances of the company.

    The reason for the bankruptcy is lowered consumer spending due to the recession, which has affected people’s disposable incomes.  The company believes that the sale of the 28 acres of land will result in revenues of $8 million which will be used to pay down debt.  The company has been in the process of making changes to its management, and last year fired more than 100 of its 300 workers.

    Chapter 11 bankruptcy is designed to help a business reorganize its debt, allowing the business to continue operations.

    Continued operations however, may be subject to review by a court-appointed trustee.  It is the role of the trustee to make the business more efficient, and see that the creditors are paid.   The business will be required to furnish a profit and loss statement and other financial documentation every month.

    Los Angeles business bankruptcy lawyers often recommend Chapter 11 bankruptcy filing in cases where a company has significant goodwill, which the company could lose by going out of business.  Also, the court will give a business time of several months to begin paying its creditors.  That automatically means improved cash flow into the business.

    Share
  • Personal Injury

    Posted on June 27th, 2011

    Written by

    Lowering Blood Alcohol Limit Would Reduce Accidents

    The current .08% maximum blood-alcohol limit followed in California and across the country do not really protect against severely injurious accidents.  According to a new study, the risk of an accident involving serious injuries increases even when a person is driving with minimal traces of alcohol in his system.

    The researchers, who analyzed accident records between 1994 and 2008 from the Fatality Analysis Reporting System, compared accidents on the basis of the severity of the injuries.  They found that accidents in which persons were driving even with the barest minimum alcohol in their system, resulted in injuries that were more serious compared to accidents in which alcohol was not a factor.  In fact, the increase in the severity of injuries was as much as 36.6% compared to when a person was not driving with any alcohol in the blood.

    For Los Angeles traffic accident attorneys, it’s easy to pinpoint the reasons for this increased risk of serious injuries when an accident involves a drunk motorist.  For one thing, drunk drivers are almost always reckless and most drunk driving accidents also involve speeding and aggressive driving.  These accidents are typically high-impact accidents that lead to the most catastrophic injuries.

    Additionally, drunk drivers are less likely to wear seat belts.  Further, they’re less likely to ensure that the other occupants of the vehicle are safely buckled in.  During an accident, these persons may be at risk of ejection, causing serious injuries.   In a traffic accident, drunk drivers are much more likely to be the motorist driving the striking vehicle.

    The researchers have one piece of advice for drivers – If you plan to drink, don’t make plans to drive at all.  Researchers are hoping that their study will coax legislators to review the minimum DUI standards around the country and lower these further.

    Share
  • Personal Injury

    Posted on May 17th, 2011

    Written by

    Right-Of-Way Motorcycle Safety Tips for Motorists

    One of the biggest factors in motorcycle accidents that Los Angeles motorcycle accident attorneys notice is failure by motorists to yield right-of-way to motorcyclists.  The California Department of Motor Vehicles recommends the following tips for motorists to share the roads safely with motorcycles:

    • When you’re about to change lanes or enter a thoroughfare, check carefully for motorcyclists.  It’s easy to miss a motorcycle because of its narrow frame, and a motorcycle can easily be hidden in your blind spot.  This is why it’s important that you make an effort to look specifically for these vehicles.
    • Allow an adequate following distance between your vehicle and the motorcycle.  Ideally, you should allow a 4-second stopping distance between your car and a motorcycle.  Remember, motorcycles can come to a stop much quicker than your car can, and you run a high risk of hitting the motorcycle if you are tailgating it.
    • If you’re sharing a lane with a motorcycle, never pass the motorcycle in the same lane.
    • Before you make a turn, look carefully for motorcyclists.
    • If you see a motorcyclist, gauge the speed of the motorcycle carefully before turning.
    • When parking, look out for motorcyclists when you open the door.
    • Lane sharing with motorcyclists is not illegal in California, but that doesn’t mean that it’s safe.  Allow motorcyclists a full-lane width for maximum safety.

    Motorcyclists can do their part to prevent motorcycle fatalities and injuries every year by bringing defective road conditions to the attention of the authorities.  Remember, motorcyclists are at a much higher risk of accidents when they run into roads with bumpy surfaces, potholes,  gravel, pavement seams and other defective road conditions.

    Share
  • Estate Planning & Probate

    Posted on April 28th, 2011

    Written by

    Why You May Need a Probate Cash Loan

    It can be exciting when your name comes up as the heir of an estate, but can be equally frustrating when you learn that the process of receiving an inheritance can take a much longer time than you were aware of.  A probate cash loan advance can help.

    Most estates must go through a probate process, or the process through which the property and other assets of the deceased are passed on to the heirs.   Once the estate files for probate, it kicks in a long process that involves several hearings.  There are notices and letters to be sent to creditors as well as letters sent to the Department of Health Services Estate Inventory and Appraisement.

    This process isn’t as simple as it appears.  Even if the deceased left a will, making all his inheritance plans clear, and even if there aren’t too many heirs involved, the probate process can still take several months to complete.  On an average, a probate process could take between 18 and 24 months to complete.  You could be looking at an extra-lengthy probate procedure if your case is complicated and involves several heirs, disputed assets and other complexities.

    During this period of time, you may be left with no access to your inheritance to meet expenses.  A private cash loan advance can help you meet your financial expenses during the probate process.  The cash loan is easy to obtain. You can use this cash loan for any number of purposes:

    • You can pay your bills.
    • You can pay off your mortgage.
    • You can use the probate cash loan to pay off debts that have piled up.

    Traditional lending establishments do not provide loans on your inheritance.  These loans are seen as risky, and only a firm that specializes in probate cash advances can offer an inheritance cash loan.

    There are limitations on the size of the loan you are eligible for.  For instance, you may not be eligible to receive the entire inheritance amount.  However, you would be eligible to receive a percentage of the inheritance amount as a loan.

     

    Share
  • Personal Injury

    Posted on April 27th, 2011

    Written by

    Research into Treatment of Traumatic Eye Injury

    The fragile optical nerve, which is attached to the back of the eye, is a critical component in facilitating human vision.  Typically, this nerve is loosely tethered to the eye, and can withstand some amount of movement in the head and eyes.  However, during an accident, or other kinds of trauma when there is a head injury, there can be enough damage to the optic nerve to cause inflammation.  Such inflammation can ultimately lead to blindness.  A group of researchers is now looking at ways to limit the extent of damage, and treat a traumatic eye injury.

    For too long, there have been very limited treatment options for persons with traumatic optic nerve injury.  Most treatment options for people with such injuries have involved the use of steroids.   Research into such treatment has been fairly limited, but now researchers at the Georgia Health Sciences University hope to change all that.   The treatment that the researchers are looking at involves encouraging the nerve’s natural ability to combat inflammation.

    During an optic nerve injury, the body automatically produces adenosine in response to the injury.  This adenosine can help reduce the amount of inflammation at the site.  However, when inflammation occurs, the body also conversely triggers the degradation of an enzyme that helps synthesize the adenosine.  The researchers are looking at introducing an agonist that can encourage the adenosine in its inflammation-combating activities, in order to contain eye damage.

    Los Angeles car accident lawyers know that loss of vision often has some of the most devastating impact on a person’s life.  A person with even moderate eye injuries may not be able to return to a full-time job, and may need extensive therapy and rehab as well as aids to help with daily routine activities.  Such persons may be looking at not just immediate medical expenses and financial difficulties because of lost wages, but also long-term financial difficulties because of lost future income, and additional medical costs.

    Research into Treatment of Traumatic Eye Injury

    Kornberg

    http://news.georgiahealth.edu/archives/3655

    The fragile optical nerve, which is attached to the back of the eye, is a critical component in facilitating human vision. Typically, this nerve is loosely tethered to the eye, and can withstand some amount of movement in the head and eyes. However, during an accident, or other kinds of trauma when there is a head injury, there can be enough damage to the optic nerve to cause inflammation. Such inflammation can ultimately lead to blindness. A group of researchers is now looking at ways to limit the extent of damage, and treat a traumatic eye injury.

    For too long, there have been very limited treatment options for persons with traumatic optic nerve injury. Most treatment options for people with such injuries have involved the use of steroids. Research into such treatment has been fairly limited, but now researchers at the Georgia Health Sciences University hope to change all that. The treatment that the researchers are looking at involves encouraging the nerve’s natural ability to combat inflammation.

    During an optic nerve injury, the body automatically produces adenosine in response to the injury. This adenosine can help reduce the amount of inflammation at the site. However, when inflammation occurs, the body also conversely triggers the degradation of an enzyme that helps synthesize the adenosine. The researchers are looking at introducing an agonist that can encourage the adenosine in its inflammation-combating activities, in order to contain eye damage.

    California car accident lawyers know that loss of vision often has some of the most devastating impact on a person’s life. A person with even moderate eye injuries may not be able to return to a full-time job, and may need extensive therapy and rehab as well as aids to help with daily routine activities. Such persons may be looking at not just immediate medical expenses and financial difficulties because of lost wages, but also long-term financial difficulties because of lost future income, and additional medical costs.

    Share
  • Personal Injury

    Posted on April 5th, 2011

    Written by

    Truck Maintenance Failures Can Increase Accident Risks

    Much attention has been focused recently on the issue of driver fatigue as a factor in 18-wheeler accidents.  However, many accidents are caused because of negligent or inadequate maintenance of 18-wheelers, and this issue barely gets the attention it deserves.

    The average truck is under immense pressure as it travels on miles of highway, hauling tens of thousands of pounds of cargo.  This means that an 18-wheeler may be susceptible to severe wear and tear.  Signs of wear and tear can be seen especially quickly in the tires and wheels, which are the only component of the tractor-trailer in direct contract with the road.  Other components including brake systems and steering system can also wear out over a period of time.  In order to ensure the safety of truckers and others on the roadway, it’s important that the truck be put through a periodic maintenance schedule to ensure that it’s operating safely.

    Many accidents are the result of defective wheels, tires, malfunctioning brakes and safety belts, and problems with the steering wheel mechanism.  That’s the reason why one of the duties of a commercial truck driver is to conduct a complete pre-trip inspection before he begins driving for the day.  This inspection must include a once over of the engine compartment, a cabin check and an engine check as well as a overall external inspection of the truck.  All details of the inspection must be recorded in the log of the truck driver’s vehicle.  If any component needs repairs, then these must be repaired, and this must be mentioned in the vehicle log too.  If repairs are needed, and have not been performed, then the driver is responsible for making sure that these repairs are performed before he sets out.

    If you have been involved in a truck accident that is related to maintenance failures, it is essential to begin filing a truck accident claim as quickly as possible.  That’s because a trucking company will only maintain the driver’s logs for about six months.  Without access to driver logs, it will be more challenging for your Los Angeles truck accident lawyer to prove your claim.

    Share
  • Malpractice Lawyers

    Posted on February 16th, 2011

    Written by

    Increase in Childbirth Deaths Related to Regional Anesthetics

    Most C-section deliveries in the United States are conducted under regional anesthesia, but a new study shows that the number of deaths associated with the use of regional anesthesia have actually increased, even as the overall number of maternal childbirth deaths has dropped sharply over the past few decades.

    The study, which focused on maternal deaths between 1979 and 2002, which is the last year for which statistics are available, found that deaths during childbirth for any kind of anesthesia, dropped sharply over this period of time. Between 1979 and 1990, there were three deaths for every million live births, and those numbers had dropped to just over one death for every million live births between 1991 and 2002.

    However, even as the number of anesthesia-related childbirth deaths declined, there was a discernible increase in the number of deaths linked to C-sections using regional anesthesia. Between 1991 and 1996, there were 2.5 maternal deaths for every million C-sections, and that number had increased to 3.8 maternal deaths for every million C-sections by 1997 to 2002.

    The increase is substantial enough to worry California medical malpractice attorneys and obstetricians. So, why has the number of regional anesthesia-related deaths increased when all other types of maternal childbirth deaths have declined? One theory is that medical professionals have become too focused on preventing deaths from general anesthesia, which is typically considered riskier and more dangerous. Back in the 70s and 80s, women were up to 17 times more times more likely to die after being administered general anesthesia. Too much focus on preventing deaths related to general anesthesia has probably contributed to a lack of attention to preventing deaths from regional anesthesia. Besides, medical malpractice claims related to regional anesthesia-related deaths seem to point to a lack of resuscitation in equipment in delivery rooms and other such external factors as the cause of these deaths.

    Share
  • Personal Injury

    Posted on January 4th, 2011

    Written by

    Fewer Drug Approvals in 2010 Due to Safety Concerns

    The Food and Drug Administration has been the subject of great criticism from California pharmaceutical liability attorneys because of its lax approval procedures. The concern over super-quick approvals of drugs that are not 100% safe for American consumers is probably the reason for the reduced number of drug approvals issued in 2010 by the agency.

    In 2010, just 21 new drugs were approved by the FDA, the lowest number since 2007. According to estimates based on the FDA database, the 21 drug approval tally is down from 25 approvals in 2009 and 24 in 2008.

    To California personal injury attorneys this may be an indication that the agency is now being much more cautious with its approvals, and is less likely to speed up drug approvals. Much of the criticism leveled against the federal agency has to do its approval processes, especially the controversial 510(k) approval process. Under this process, drugs or medical devices that are sufficiently similar to drugs or medical devices in the market, can be approved quicker, bypassing many of the normal rules and procedures.

    The rule has been severely misused by pharmaceutical companies and medical device makers, and has been the subject of severe criticism. In fact, California injury attorneys have called for a complete revocation of the rule and new rules requiring all pharmaceutical companies and medical device makers to go through the regular process before getting their devices and drugs approved.

    The rush to approve a drug so it can be released into the market as quickly as possible has often meant severe patient injuries, side effects, complications and even death. The agency’s new cautious approach, if true, is a welcome change from its attitude in the past.

    Share
  • Older Posts Yeah! There are more posts, check them out.