Low-T Therapy is not for Everyone

Posted by on May 3, 2014 in Medical Tests, Product Liability

Hormone replacement therapy (HRT), which is normally associated with women who are suffering through the effects of menopause or other health conditions that result in hormonal imbalance, is a risky proposition for either gender. The mechanism and effects of HRT is not well understood, which is why some doctors decline to put their patients on it until more is known.

But to hear the marketing pitch of drug companies to men who find themselves more interested in sleeping rather than sleeping with someone, Low-T medications is the easy solution for low libido and energy. Low-T therapy is not a magic pill and it definitely isn’t safe for everyone. This is the thinking that has landed a lot of men who believed the hype in trouble with their health, and fueled the recent momentum in testosterone supplement lawsuits. There are cases where Low-T therapy has had a beneficial effect on a patient, but there are no guarantees that it will not make bad to worse.

Although the products in question, specifically Androgel which is manufactured and marketed by Abbvie Inc., have been green-lighted by the Food and Drug Administration (FDA), the regulatory agency emphasizes that the approval was contingent on a finding that the low levels of testosterone is due to injury or health disorder. But the FDA is nevertheless currently conducting a review of these Low-T supplements.

The defendants in ongoing Low-T lawsuits, meanwhile, insist that the health risks of using the products are included in the warning label. It is suggested that the labels need to emphasize these dangers more strongly to prevent harm to at-risk patients. Ongoing studies outside of the FDA investigation are also looking at other health effects that these supplements may have.

If you have been prescribed with Low-T supplements which you believe may have caused your current cardiac problems, you should find a lawyer in your area with experience in handling product liability cases. Pursuing a case against a drug company is always an iffy situation; you want to deal with a law firm with an established reputation for getting results.

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Proving the Case: Going Beyond the Law

Posted by on Nov 24, 2013 in Criminal Defense

Knowing and proving are often two different things. One may know the law but may not be able to prove its relevance in a particular case.

In the US, the prosecution has the burden of proof in a criminal or civil charge. All the criminal defense lawyer has to do is to disprove the evidence against the defendant, or to introduce reasonable doubt. In jurisprudence, the reasonable doubt standard in the jury system is actually instructions to members of that jury that as reasonable people they must believe in the guilt of the defendant beyond a reasonable doubt. This may seem like a very vague and highly subjective standard, which is why in most cases brought before the jury or judge, it is important that the lawyer on either side is able to present their arguments persuasively and convincingly.

It is not enough that the lawyer knows the law and how it applies to a case; the jury or the judge must understand and see it in the same way as well. This is not to say that lawyers have to deliberately mislead; rather, they need to be able to make the jury members or judge see the case from a particular perspective.

While perhaps not as dramatically portrayed as on television, in a real court case the bare facts of the case in point can take on a radically different meaning depending on how it is presented. The defense lawyer has to be able to find a plausible explanation for the facts as they appear to the advantage of the defendant. This is not to say that the prosecution’s interpretation of it is wrong; it merely suggests that another explanation is possible. And this introduces reasonable doubt.

In a court case, it is important that the lawyer establishes a relationship with the client, the jury and the court officers in order to determine the right approach to a particular case. As pointed out by a co-counsel of Bryan Bleibdrey on the website of The Woodland’s based BB Law Group PLLC, his interaction with the client and his cross examination of witnesses helped to prove the case in point.

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Additional Violations of Intuitive while already in the midst of Crisis

Posted by on Oct 21, 2013 in Medical Tests, Personal Injury, Product Liability

Negative press release, denial of insurance firms to cover robotic surgeries, increase in the number of lawsuits and decrease in demand have all resulted to a quite significant drop in Intuitive Surgical Inc.’s projected shares and sales for 2013.

But probably worse than all those stipulated above is the US Food and Drug Administration’s July 16, 2013, warning letter to Intuitive, due to the latter’s failure to inform the FDA about the communication it sent only to a few medical providers. This warning, which the FDA declared was due to Intuitive’s violation of a federal rule, comes in the midst of lawsuits and product recall that the company is facing.

A number of the violations Intuitive is guilty of include failure of Intuitive to notify the FDA regarding:

  • The robot’s damaged tips, which could definitely injure patients
  • Problems during thyroid surgeries (worse, da Vinci has no clearance to perform this type of surgery)
  • Concerns on the proper flushing and inspection of cannulas
  • Use of the device in surgeries involving children

These issues stem from accusations that the company’s da Vinci surgical robot is dangerous. In the hands of improperly trained surgeons, errors can lead to lifestyle changing injuries in patients who were expecting minimally-invasive procedures with quick recovery times. On top of the challenges Intuitive is facing from the FDA, it is also facing many surgical robot lawsuits.

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A New Painless and More Effective Way to Test for Tuberculosis

Posted by on Sep 3, 2013 in Medical Tests

A new patch designed with small biodegradable needles able to penetrate the skin provides a more convenient and precise way to check for tuberculosis. Compared to the usual hypodermic needles, this patch is easier and much simpler to use, less painful, and has the potential to be more effective, especially where children, who fear needles, are concerned.

While using a hypodermic needle may result to a failed test if the needle is inserted at an incorrect angle or if the solution to check for the disease is injected too shallow or too deep into one’s skin, the patch, which uses micro-needles are guaranteed to deliver results.

Microneedles are actually the latest painless alternatives to hypodermic needles in injecting drugs into the body. These are made from synthetic polymers, metals and silicon and, recently, from natural, eco-friendly materials, like silk and chitin, which are taken from the hard outer shells of certain crustaceans and insects. The tips of these micro-needles are coated with protein derivative, which is actually a necessity when testing for tuberculosis.

Using the patch is just like using a bandage, which may be placed either on an arm or leg. Once applied, the tiny needles create small holes on the skin as the medicine coated on each needle is diffused into the body. With this patch millions of US residents who get a tuberculosis skin test will get the result they want fast and easy. This is also because the micro-needle test leaves a little room for user error.

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Wrongful Death from Explosion Accidents

Posted by on Jul 19, 2013 in Explosion Victims, Personal Injury, Wrongful Death

A wrongful death suit can be a hard thing to process, since there are many things to consider such as who really caused the injuries and other factors that played a part in the death. There are many ways a wrongful death claim can be put filed: fatal accidents, medical malpractice, and product liability cases. When a person dies because of the legal fault of another, then it can be taken as ground for a wrongful death lawsuit.

Among the most dangerous situation a person can be in is being involved in an explosion. According to the Williams Kherkher, fires and explosions can bring about severe burns and it can be a very traumatic experience, and people who suffered from serious burns or injuries from fires and explosions can die. Unfortunately, explosions due to natural gas or propane are common and occur frequently. Explosions, combined with fire and carbon monoxide poisoning, are leading causes of death. Some other causes are faulty installations and product malfunctions.

One such incident of wrongful death due to gas explosion is the case of a certain Megan Cramer, a waitress working at JJ restaurant at Kansas. Heartland Midwest, along with 5 other defendants in the lawsuit, has been operating in an area near the restaurant when they hit an existing gas line. The JJ restaurant where Megan Cramer worked was destroyed by the gas line explosion, killing her and injuring 15 other people. Claims of slow response to the gas leak and the failing to request for identification of the buried gas pipeline has been cited as causes for the accident and eventual death.

Explosions can happen anywhere, even at the comfort and safety of your home. Household chemicals, machines that use gasoline, and even electrical wiring can cause a fire or explosion. It is always better to be on the safe side. No amount of compensation can bring back the life of a loved one.

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Keep Your Fingers! Know These Defective Snow Blowers

Posted by on Jul 17, 2013 in Personal Injury, Product Liability

Winter can bring out a lot of joy in many people, but not all. Snow accumulated on the street or on the lawn would mean cleaning up the area, and it can be difficult feat to manage. Fortunately, snow throwers and snow blowers help in clearing snow. However, all is not well. What you need is know that snow blowers can pose a risk to you if they are not used properly or if they are defective.

The Consumer Product Safety Commission (CPSC) has issued a warning against using certain snow blowers and snow throwers. Even Habush Habush & Rottier S.C. agrees that they pose the risk of severe injuries such as finger amputations, lacerations, burns, and infections that could potentially prove fatal if not treated quickly or properly. Some of the defective snow blowers or snow throwers that have been recalled from the market are:

  1. Honda models HS622, HS724, HS928, HS1132, HS1336i, HSM1336i. They have been known to have gasoline leaks which could lead to burns or severe injuries if the gas ignites.
  2. Briggs and Stratton Corp. has recalled their Ariens Sno-Thro models because of the machine’s carburetor bowl nut lets which has the potential to let gas escape the unit, posing fire hazards. The operator also at risk of losing limbs when clearing the discharge chute.
  3. MTD Product Inc. recalled their snow blowers because of defective wheel-rims that explode and break out.
  4. A certain manufacturer of Toro snow blowers have been recalled because of their unit’s carburetor needle’s possible corrosion leading to dangers of fire.

Aside from being a necessity during winter seasons, these machines are also easy to buy since they can be found in just about any home improvement stores or major chains such as Sears and Kmart. Even with the product recall, there are still those who are using the machines and end up being injured (some with broken bones and deep lacerations). The most in danger are those who are unaware of the risks that these snow blowers and snow throwers can inflict them. It is always best to stay on the safe side: read, understand and follow the instructions, keep hands and feet away from any moving parts, don’t leave it running in an enclosed area, and always practice safe use.

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Early Detection Key to Treating Cancer

Posted by on Jul 16, 2013 in Personal Injury

Nothing provokes visceral emotional response like being diagnosed with cancer does. It is a startlingly common disease. Approximately 1 in every 4 people in America are diagnosed with some form of cancer with about 60 percent of these diagnoses proving fatal. The sad part is that not all types of cancers can be treated, and most of the treatable ones depend on early detection to keep the disease in check. It is vital to diagnose the disease as early as possible before it can get out of hand.

The rise of many cancer patients have been due to delayed cancer diagnosis. According to the website of Pohl & Berk, LLP, doctors or physicians have allowed the progression of cancer in their patients because they have failed to perform certain examinations or tests necessary to eventually determine and treat the disease. Most doctors often believe their patients are merely suffering from simple symptoms that can be treated with an easy prescription. Negligence on their part has caused a lot of people to suffer from the disease, and has caused patients to suffer from more pain and suffering.

There are also instances where initial examinations and tests do not show signs of cancer, causing the doctor to disregard the symptoms. Other symptoms are usually disregarded as from “benign” causes, even when these symptoms require further examinations. If they do treat the symptoms, they treat them as the disease and not as part of another disease. Doctors also rely on less definitive means of diagnostics which can be interpreted incorrectly. Another practice is to not have any follow-up examinations after having one negative result.

The U.S. healthcare system is not always effective and doesn’t always work for everyone. A lot of patients get little of the doctor’s time, if ever at all. Nevertheless, this does not mean you have to suffer from a delayed diagnosis; negligence or drawbacks from the systems or doctors are reasons enough to file a medical malpractice lawsuit.

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Protecting Yourself from Sexual Assault

Posted by on Jul 14, 2013 in Personal Injury, Sexual Assault

When we say “sexual assault” most of us often think of rape; however sexual assault can be more than that. Any kind of sexual contact which involves force, intimidation, or coercion also falls into this category. Sexual assault can happen to just about anyone – it does not consider age, race, social status, or even gender. In these dangerous times, there are ways that we can help prevent and protect ourselves from any form of sexual assault.

Starting with your home, avoid sleeping with your windows open (especially if you are alone in your house). Be aware of the possibility of being attacked even inside your own home, so therefore have a plan on how to fight any intruders and what to do when you are assaulted. Don’t just let anyone inside your home, and make sure the emergency police numbers are on speed dial. Lastly, install protective measures (such as closed-circuit television, approved bars on gates or windows, alarms, etc) in order to detect any intruders that may come into your home. If that seems like too much, having a pet for a lookout can be a great security measure. It also helps to have your home well lit.

When you are outside your home, it helps to double-up on your safety measures. Become more aware of your surroundings; know who is there with you or if someone is following for some time. Avoid walking, driving or parking on poorly-lighted places, and control your alcohol intake during parties or going out. Walk with confidence and be assertive (it makes you look stronger) and establish your personal space. Keep your things close to you, and most importantly trust your instincts. If you think you are in danger or are not comfortable with a certain place, situation, or person, then it is best to leave.

Sexual assault can be a very damaging and traumatic experience. The website of Habush Habush & Rottier S.C. says that even though taking legal action against the perpetrator can be a very intimidating step, it is important for your well-being that you do. There is nothing to be ashamed or feel guilty of as a victim of sexual assault. Those feelings should fall on the criminal. Sexual assault is a grave crime that should never go unpunished.

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Filing a Child Injury Lawsuit

Posted by on Jul 13, 2013 in Personal Injury

It can be hard for any parent to see their child or children being involved in an accident, particularly if their child or children are innocent. If the parents (or legal guardian) would like pursue a lawsuit against the ones at-fault for the injuries or damages that has been done, it may help to have legal representation.

The first thing parents (or guardians) should understand that children under 18 years of age are considered minor in the eyes of the law. This means they can’t file a lawsuit by themselves, thus the court can appoint the guardian or parent to file the lawsuit in behalf of the child/children. To begin the lawsuit, the parent or guardian should submit a petition to the court. If conflict should arise (such as the parent has caused the accident, or has a part to play in the injuries attained by the child/children) the court can appoint another person to represent the welfare of the child/children.

In a lawsuit, the plaintiff is the victim of the accident (or the ones who have filed the lawsuit). In this case technically, the parents or guardian are the plaintiff, and the defendant is the one who is being sued. It is the plaintiff’s job to personally give or provide a copy of the summons and complaint to the defendant. There are times where the case can be settled outside of court, but if both parties do not agree on the settlement, then the lawsuit proceeds to court.

Additional documents are then filed in court. These documents are filed in court with a fee to be paid to the clerk. The summons is sent to the person/persons responsible for the accident, damages, and injuries suffered by the victim, and the other party is given a certain amount of time to answer the summons. A complaint is the document that gives the necessary facts of the accident, and supports the cause of action. The complaint gives the specific details of all the reasons for the lawsuit.

Just like in adult personal injury lawsuits, there are statutes of limitations; however, for a child or children, these statutes of limitations are delayed. The court will wait until the child reaches the legal age of 18 years old , and then the child/children has three years to either settle the claim or pursue the lawsuit.

When filing a lawsuit, it’s important to seek the assistance of a lawyer. Lawyers are trained in the legal process and know what kinds of roadblocks to expect and how to get around them. They are familiar with law and how to prove injuries based on what is required of the law. Their knowledge can be instrumental in getting a lawsuit filed on time and with sufficient evidence to make a strong case. This can be the difference between success and failure.

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Joplin, MO Cracks Down on Car Accidents

Posted by on Jul 11, 2013 in Car Accidents, Personal Injury

Joplin is a city in Missouri with a population of 49,526 (2011 estimate). The recent devastation of the 2011 tornado that claimed 161 lives has made Joplin authorities determined not to add to the body count by tightening regulations on preventable car accidents.

One of the preventive measures employed by the Joplin Police Department is to establish a checkpoint for impaired drivers or those driving while intoxicated (DWI) over the March 29, 2013 weekend. The project was aimed at making Joplin residents aware of the consequences of impaired driving. DWI is the cause of nearly one-third of traffic accident fatalities in Missouri on average; that number for 2011 was 218, with a further 867 sustaining serious injuries. DWI in Missouri carries fines, license suspension, jail time and other undesirable consequences such as felony record for repeat offenders.

Another preventive measure was the “Click It or Ticket” campaign, which imposed fines for drivers and passengers who were not using their seatbelts. About 70% of all car accident fatalities in Missouri had been unbuckled, which approaches the state average seatbelt use of 79%, 6 points below the national average. The campaign ran from May 20 to June 3, 2013.

The need for catching DWI drivers before they do any harm and the wisdom of using seatbelts was tragically illustrated in a traffic accident that occurred in Joplin on May 30, right in the middle of the Click It campaign. A vehicle travelling erratically just past midnight rolled over as it hit the curb, killing the unrestrained female passenger and seriously injuring the driver. Further investigations will reveal if the driver had indeed been intoxicated as initial reports indicate. The Joplin-based driver is being charged with involuntary manslaughter, and may also be facing a civil lawsuit for wrongful death.

If you are ever involved in a car crash in Joplin in the near future due to negligence or recklessness of other, it is not due to any lack of preventive measures by the authorities. Consult with a Joplin personal injury attorney and help drive home a point.

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