Napoli Bern Ripka, LLP Blog
Seroquel, also known as Quetiapine, is a drug that is used to treat schizophrenia and other psychotic disorders. Seroquel, manufactured by Astra-Zeneca Pharmaceuticals, was approved by the FDA in 1997. Seroquel was also used to control bipolar disorders as well as hallucinations, delusions, and hostility that were effects of having this disorder. After use of the drug, it was found that it produced some common negative side effects including nausea, vomiting, dizziness, constipation, weight gain, and fatigue.
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Advanced technology has taken hold of our world, turned it upside down, and inside out. With all of the new technologies streaming through our nation, in it no wonder why the United States is one of the most technologically advanced countries in the world. The advances and efficiencies that have come about from new inventions, theories, modifications, and plans have allowed some of the most effective devices to be used by the public. What I am talking about is specifically is navigation system that are used in cars by the driver. When a driver is playing with the address or whatever on the Navigation screen, they are diverting their eyes away from the road and on the device.
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It all started with a batch of Salmonella tainted peanut better, which was found in ConAgra the producer of Peter Pan and Great Value peanut butter. A class action suit was being put together and was brought to court, in which the judge determined that filing a class action suit would not be the most efficient way to distribute compensation because there are two different classes of people involved with the litigation. The first group consisted of people who bought the peanut butter containing salmonella bacterium, and the second group is those who got sick or died from consuming the tainted peanut butter. The judge rules for ConAgra to pay $33million dollars to Peter Pan retailers and consumers would be a far more efficient settlement than continuing on with a class action suit.
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United Airlines has asked that the Air Line Pilots Association to stop from supporting its pilots to participate in an illegal and disorderly sickout, or protest against United’s plan to cut its pilots in an effort to reduce expenses. United Airlines brought this suit up with the U.S, District Court in Chicago. United Airlines’ claimed that the Air Line Pilots Association Union and four specific pilots had violated the Federal Labor Law that forbids transportation workers from performing work slowdowns. Pilots and flight attendants work on a pay system that is determined from the length of the trip, in which employees can gain more revenue if there is some type of hold up. Due to some of United’s workers deliberate slow downs, United was forced to delay and or cancel over 300 flights occurring in the last two weeks in July. These cancellations amount up to a big sum of lost revenue. Specifically, the cancellations cost upwards to a multiple of millions of dollars, a tainted reputation, and the interference of over 30,000 passengers travel plans.
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In 2009, no longer will New York allow a personal injury or wrongful death insurer to file to claim coverage because of a late notice. This new rule will stand despite the fact or not if the insurer experienced harm by the postponement. Governor David Paterson signed the bill that also permits an injured party to seek a judgment for either personal injury or wrongful death. This would allow the petitioner to determine if the extent of the insurance coverage would be worth pursing. Those who opposed the bill said, “it will somewhat level the playing field between insurers and consumers when insures fail to file claims for injuries deemed late for coverage.” This latest law will not allow insurers to disclaim coverage for claims that are past their term, however if they can prove that they were “materially prejudiced” by the postponement they may be able to get out of the new law.
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Let’s face it, auto accidents that happen New York City are a pain. If even the slightest fender bender happens in the Lincoln tunnel or on the George Washington Bridge, the whole city is paused, frozen in time. People get so flustered and panicked leaving them sitting in their cars for hours at a time. Due to the large amount of cars, busses, and trains leaving the city everyday, can cause for chaos. However, New York City has continued to thrive despite these events happening, and will continue to do so in the future. There is no doubt that these auto accidents will intimidate commuters and travelers alike so much as to stop them from going into the city all together. People in New York City take auto accidents in stride, and just chalk them up to everyday occurrences that are very common. However prevalent this type of thinking is, auto accidents in the city do cause millions of damage every year.
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Over the past year we have been seeing an increase in gas, oil, and medical malpractice insurance. However, the latter may be seeing a trend in the opposite direction. ProMutual Group of Pennsylvania announced that there would be a decrease in it rates. An approximate 6% decrease has been issued to individual practitioners and surgeons. This drop in the rate applies to the base rate, which is constant throughout their medical industry that will be applied as of the first of July for both renewed and existing policies.
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Many deaths have been attributed to taking medication that end up causing more harm then good. A multitude of drugs used in surgeries, procedures, and those taken on a daily basis have affected the lives of our family and friends. Influence from the pharmaceutical companies on doctors, nurses, and medical institutions play such a big role in deterring what kind of drug you are administered, its ridiculous. Incentives such as lavish meals, vacations, and other types of luxurious are handed to medical professionals to makes sure that they prescribe certain drugs. These “certain drugs’ cost the consumer and arm and a leg, and they pay it because they trust their doctors. The other half of the time patients have no idea what kind o drug they are administered, such as in surgeries. This leads us to the example of a drug called Trasylol that was predominately used in heart surgeries.
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The vagueness of immigration reorganization and the mounting confidence of immigration law enforcement continue to aggravate growers, labor lobbyists believed this month. Despite the current condition of the economy and the rising price of oil, the one thing that farmers are not going to be worrying about is the availability of Labor. However, this could turn out to not to be a good thing. The reason for the aboundant amount of workers in the agriculture industry is because workers were formerly employed by contractors building houses and office parks. However due to the slumping housing market in our nation, these workers have returned to agricultural work.
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It’s that time of year again, summer. The days are longer, the sun is brighter, and unfortunately the number of personal injuries is also greater. The kids are out of school and people are taking off for vacations all over the world. It seems as though this time of year for relaxing and taking a load off. However, the abundance of sunshine and time is not the only thing we should be focusing on. There are things we should be aware of in the summer months that might be more dangerous than we think. Here are some following tips to think of when you are soaking in the summer sun.
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If you, a family member, or friend recently bought pet food and or treat products after March 16, 2007, that your pet consumed, you might be legible to join the class action product liability suit. The settlement known as, Pet Food Products Liability Litigation, MDL Docket No. 1850, Civil Action No. 07-2867, is with persons that distributed, handled, purchased for resale, supplied, manufactured, sold, or offered for sale. This includes pet food and or treat products for pets that may have contained contaminated wheat gluten or rice protein concentrate. These products were recalled beginning in March 2007, and any company or person who has sold these products after the recall is liable for the consequences.
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From staged auto accidents to the sale of fake medicare cards, insurance fraud is an increasing problem across the state and country. Napoli Bern Ripka would like to shed light on this crime that is estimated to cost the average family an additional $300 per year in increased premiums .Insurance fraud can be committed against policyholders or insurance companies. It occurs when a person intentionally deceives another about an insurance matter to receive money or other benefits to which they are not otherwise entitled. Since insurance companies divide the costs of claims among policyholders, fraudulent claims force increased premium costs for all policyholders.
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Brenda Schenk, a resident of Henrietta New York, was awarded $17 million in damages for past and future injuries, pain, and suffering. This incident unfortunately happened as Schenk was anticipating the birth of her child. Strong Memorial Hospital was deemed liable for medical malpractice involving the poor decision making regarding Schenk. Schenk had a kidney and pancreas transplant in 1995 for her type 1 diabetes treatment. Once Schenk gained control of her treatment, she got pregnant in 2003 with the go ahead from doctors. This was the fatal mistake that cost the hospital $17 million in damages and their reputation of practicing medical malpractice. The medical malpractice suit alleged doctors failed to plan properly for her pregnancy and neglected to notice that they had cut the connection between her pancreas and bladder during a Caesarean delivery, causing pancreatic fluid and urine to leak into her abdominal cavity.
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It all started 2 years ago when Merck & Co. started administering Gardasil, a cervical-cancer vaccine, to girls and women. Over 8,000 adverse reactions have been recorded by the Federal health officials. Gardasil was licensed by the Food and Drug Administration in June 2006 for females ages 9 to 26. Sold worldwide, it's been given to more than 8 million US girls and women, Merck says. The vaccine is aimed at warding off strains of the human papillomavirus, or HPV, which can lead to cancer. The vaccinations cost a total $360. Securities and Exchange Commission documents show Merck made $1.5 billion in Gardasil sales last year. However, Gardasil has produced such bad reactions in girls and women who have taken the drug, that it has been linked to 18 deaths. Schools have been administering the drug, saying that it protects girls from cervical cancer. However, there have been cases reported of pancreatitis, immune system disorders, lethargy, paralysis, seizures and brain damage after receiving the shot. Most of these cases have been seen in teenage girls due to the high push for schools to administer it. The most common side effect of Gardasil is fainting. In which Merck spokeswoman Kelley Dougherty said the company "actively monitors" reports of side effects. The Vaccine Adverse Event Reporting System, run by the FDA and the Centers for Disease Control and Prevention, has collected thousands of reports of health problems after Gardasil shots. Of these fatalities they included a heart rhythm disorder, severe allergic reactions, and d the 10 confirmed deaths, there was no common thread and that Gardasil was not to blame. "An event report does not mean that a causal relationship between an event and vaccination has been established - just that the event occurred after vaccination," she said. A Post analysis of adverse- event reports filed through April 30 found that about 20 percent followed injections of Gardasil, plus up to seven other vaccines at the same time - including shots to prevent flu, chicken pox, hepatitis and tetanus. Almost 6,300 cases involved Gardasil alone. Under a federal law passed in the late 1980s, victims of vaccines may file a claim under the Vaccine Injury Compensation Program, but cannot sue the pharmaceutical. Administration of Gardasil in schools makes for parents, teachers, and students alike to think that the drug is safe. Since Gardasil has been in the market it has been linked to over a dozen deaths and many serious illnesses. Victims of this drug is mainly teenage girls that given the drug to prevent cervical cancer. It is affecting the lives of these girls and their families to the point. If you or a loved one has been harmed by a medical error contact a malpractice lawyer at Napoli, Bern, Ripka. We will evaluate your situation, recommend the actions to take, and help you obtain the compensation you need and deserve. We will also help you make a difference for future patients. Napoli Bern Ripka LLP is an experienced firm in the medical negligence field and can provide you with the right information on how to proceed with your case. If you or a loved one have suffered as a result of Gardasil side effects such as kidney failure, heart attack, or stroke you may be entitled to compensation.For more information about the full article click here, and don’t forget to check out the blogs for a more in depth look. @import url(/includes/dss.css);
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As this time of year rolls around, celebrators who set out to have a good time enjoying the 4th of July festivities end up becoming injured by fireworks. Hospitals, clinics and other medical facilities treated more than 21,000 injuries related to fireworks in 2007, according to statistics from the U.S. Consumer Product Safety Commission cited in a news release from the American Academy of Orthopaedic Surgeons. Children and teens younger than 17 years old sustained 11,000 of those injuries. Most of the cases that occur on the 4th of July tend to be burn victims, Dr. Bill Hampton, an emergency room physician at Holy Family Memorial Medical Center. Bottle rockets are notorious for eye injuries because injuries can come from bending over them or from throwing them at each other. Besides causing personal injury, use of fireworks also can lead to fires. Deputy Chief Gregg Kadow of the Manitowoc Fire Department said in a news release more fires are reported on July 4 than any other day, and half are the result of fireworks. Citing statistics from the National Fire Protection Association, he said fireworks caused more than 1,800 structure fires and 700 vehicle fires in the latest reporting period. It is inevitable that people are going to be playing with fireworks; therefore it should be reinforced that the handling should be made by parents and adults. Adults who are going to light fireworks need to be aware of what they have and how it will react, said Two Rivers Fire Chief Kevin Timm. They should light fireworks on blacktop or concrete, not grass, and make sure the device is stable, so it won't topple over. It may be tempting to try to relight fireworks that don't go off the first time, but that's asking for trouble, according to the experts. The Consumer Product Safety Commission and National Council on Fireworks Safety advise people never to reignite fireworks that malfunction. Here are some recommendations to practice when dealing with fireworks: Always read and follow label directions, have an adult present, buy from reliable fireworks sellers, ignite outdoors, have water handy, never experiment or attempt to make your own fireworks, light one at a time, never give to small children, store in a cool, dry place, never throw fireworks at another person, never carry fireworks in your pocket, never shoot them in metal or glass containers, & dispose of properly.Every year more than 90,000 people die in an unintentional injury in the United States. The injury, whether intentional or not, may either be physical or emotional that arises from many different circumstances. Even when taking such precautions injury resulting from fireworks does occur and can cause devastating injuries. Personal injury lawsuits can get lengthy and become costly therefore it’s crucial to hire an attorney that knows the industry well. Personal injury lawyers, Napoli Bern Ripka, have the experience necessary to take your case forward and enable you to understand how to proceed. They have access to the top resources needed to get the settlement you deserve, not what is offered. For the full article on Fireworks click here@import url(/includes/dss.css);
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Convicted killer, Scott Peterson, will be held in trial again over the wrongful death of his wife Lacey Peterson and his unborn son Connor. His former in-laws are seeking a multimillion-dollar civil judgment against him.
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The Guidant Ancure system is a blood vessel graft that is used to repair an abdominal aneurism. An Aneurysm is a diseased or weakened section of the artery wall that tends to balloon or bulge due to arterial blood pressure (defined by the FDA). It is used instead of the more invasive open surgery in patients who have an abdominal aortic aneurysm and whose anatomy is not suited for the use of the single tube or bifurcated endograft device. The Ancure device, as part as the Ancure Endograft System, was suspended in 2001 by its manufacturer Guidant. Ancure is a synthetic graft device that is used to repair abdominal aortic aneurysms. The device was suspended due to the fact that Guidant admitted to making false statements to the FDA and not submitting required reports of injuries that occurred in patients who received the Ancure device. Injuries occurring with the Ancure device include leaks, aneurysms, and ruptures which resulted in extended hospitalizations, additional surgeries, and sometimes death.
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With less people driving on the road, accidents are going to occur less frequently. Due to the increasing rise in cost of gas, a toll is being taken on the U.S. economy. However, auto insurance companies are the ones who are reaping the rewards. Less people driving on the roads will cause fewer accidents; therefore boosting auto insurance earnings.
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Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others that make their product available to the public are held responsible for the injuries that their products cause. A products liability claim is based on the following causes of action: design defect, manufacturing defect, & failure to warn. Common cases in product liability include pharmaceutical, tires, automobiles, trucks, children’s products, aviation components, medical devices, forklifts, all-terrain vehicles, military equipment and railroad equipment. Whether it was the Firestone Tire recall to numerous toy recalls, these defective products cause many injuries that involve serious medical problems and fatalities.
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Every year more than 90,000 people die in an unintentional injury in the United States. The injury, whether intentional or not, may either be physical or emotional that arises from many different circumstances. Some of the most common types of personal injury cases include road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. When the accident was at the fault of another due to negligence on their behalf, compensation may be entitled to the victim.
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When there are flaws in a medical device’s design and/or manufacturing, it can cause injury and even death. A patient looks to these medical devices for help, but in some cases the devices end up hurting rather than helping. The FDA is responsible for the approval and oversight of these devices, and when flaws arise, major problems arise as well. When a patient with a heart murmur is relying on their pacemaker to keep them alive, the workings of the device is crucial to the life of the patient. What would happen if a pacemaker stopped working and left the patient without the support that they needed? In a situation like this, it is important to have a lawyer that has the experience in dealing with large insurance companies, corporations, and the government.
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Due to over 6 million occupational work related injuries in one year alone, there is a great need for increased regulation. Labor law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Occupational health and safety issues are most prevalent in blue collar workers; however there has been a rise in white collar worker disputes as well. Labor law is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. With all of these regulations set in place you would think officials have a good grasp on the matter. However, due to substandard equipment, poor safety procedure, and a lack of proper training, detrimental accidents occur in the workplace are leaving employees injured and out of work.
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Auto Accidents
Auto accidents can be cause by a multitude of reasons, including intoxication, operator error, or poor eye sight. When an auto accident is caused by negligence, determining rewards is based on proving who was at fault and battling against insurance companies. In some cases the person found negligent may not have the insurance needed top take care of the victims medical bills, pain & suffering, and out of work expenses. An auto injury lawyer is needed to get what you deserve, not what the other party offers.
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Prescription drugs that are recalled by the FDA pose a lot of questions such as: why was the drug approved in the first place, why was it taken off the market, and for how long did the FDA know about the side effects? If the FDA approves a product that is later recalled because of ill side effects with use of the product, consequences should be warranted. When buying a product that is approved by the FDA, a consumer should have peace and mind. This is not the case when the popular drug Fen-Phen was approved by the FDA then later found to cause valvular heart damage and a deadly condition known as primary pulmonary hypertension (PPH). Fen-Phen was used by many consumers as an appetite suppressant. Fen-Phen was very popular as a health kick invaded the United States in which people were trying to live a healthier lifestyle. However after using the product they did not end up any healthier, what they ended up with was severe medical problems.
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The increasing rate of prescription drug use among today’s society calls for a closer look into what doctors are prescribing. Drug counselors across the nation are hearing more stories about teenage pill popping parties. Mixing prescription drugs can cause for many visits to the emergency room. The reason for the popularity in this type of drug use is because it is easy to obtain and is a more socially acceptable way of getting high than taking street drugs. The increasing availability to obtain these prescription drugs is a big reason for their abuse.
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The recent crane accident in New York City is just one example of negligence that unfortunately occurs all the time. In this case as well as other fatal accidents such as: a car or motorcycle accident, drowning, negligence in a nursing home, death by a drunk driver, or an accidental death by a gun, it is best to take legal action as soon as possible. We know that this can be a difficult subject to talk about, however to help these types of situations to occur less in the future, it is imperative for the public to learn from others mistakes.
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