We trust our physicians to prescribe us with only the best medications; ones that will cause little to no ill side effects and help us recover in a timely fashion. However, often due to no fault of our doctors, even FDA approved medications are found to be defective, resulting in personal injury and the wrongful death of its victims.

Defective drugs cause the death of thousands each year and the serious injury of close to half a million. Manufacturers claim to spend large amounts of money to test these drugs, so how do they make it onto the marketplace? The answer is sometimes negligence and sometimes deliberate deception on the part of the behemoth pharmaceutical companies:

· A drug is not thoroughly tested

· Unsuspected side effects occur

· Test results are overlooked

· Test results are concealed

· Important questions are not asked, sometimes deliberately

· Prescribed for the wrong reasons

What Drug Categories Are Defective?

Drugs are designed to aid us in recovery or allow us to lead healthier lives, but there are defective drugs found in every drug category.

· Erectile dysfunction drugs such as Viagra have been found to cause a drop in blood pressure and NAION, which is a loss of vision

· Diet drugs often cause more harm than good in countless ways

· Hormone drugs cause tragic complications such as stroke, blood clots and death

· Anti-depressants such as Paxil have been linked to an increase in suicide and birth defects

· Pain killers like OxyContin are highly addictive and subject to abuse

This is not to say that every drug in every category is defective though. But you should give great consideration to possible risks and unforeseen side effects before taking a new prescription drug that will supposedly better your quality of life.

Recent Drug Recalls

While you are eligible for compensation for past defective drugs, it’s the most recent recalls that should signal an alarm bell if you or a loved one had been prescribed to them.

Some recent drug recalls are:

· Heparin–improper labeling and defective manufacturing procedures led to dozens of injuries and deaths as a result of this blood thinner

· Digitek–insufficient quality control led to pills being released with twice the effective dose of this heart arrhythmia medication

· Trasylol–an anti-hemorrhagic drug, this medication is highly toxic to the liver and may have led to as many as 1000 deaths a month at the height of its popularity

· Vioxx – The biggest recall in recent memory was due to Vioxx. Designed to treat acute and chronic pain, arthritis sufferers raved about its benefits. In the years following its approval in 1999, studies found that Vioxx increased the risk of heart attack and stroke

· Fen-phen – A diet drug also known as Redux or Pondimin, Fen-phen was recalled in 1997 due to an increased risk of developing PPH, which can lead to higher blood pressure and heart failure

· Rezulin – An anti-inflammatory that has been found to cause hepatitis

· Baycol – 52 fatal cases of renal failure have been linked to Baycol, which was used to lower cholesterol

· Phenylpropanolamine – An appetite suppressant that has caused strokes and is used in the manufacturing of methamphetamine

Have You Been The Victim of Defective Drugs?

It’s a tragedy that even with oversight from the FDA that defective prescription drugs still leak through and seriously harm or kill its victims.

Patricia Woloch
http://www.articlesbase.com/medicine-articles/defective-drugs-better-quality-of-life-or-lies-693862.html

1. Are you a moron?

2. What’s the matter? Need glasses?

3. That was one of the stupidest maneuvers in the history of mankind.

4. Did you just wake up today and say to yourself, I think I’ll run over a bicyclist?

5. What do you have, mush for brains?

6. Never graduated from drivers education class, did you?

7. They teach you that in Iowa?

8. Ever hear of a bike lane?

9. Ever hear of looking before you run over someone?

10. What, you have the IQ of lint?

Here are ten additional tips of advice to follow if you have been in an accident. You can also learn more about how to handle a bicycle accident in Corona, or any city, by calling the Law Offices of R. Sebastian Gibson, or by visiting our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you

Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good bicycle accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good bicycle accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good bicycle accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most bicycle accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you’ve had a bicycle accident in Corona, Ontario, Rancho Cucamonga, Corona, Temecula, Murrieta, Riverside, San Bernardino, Moreno Valley, Fontana, Palmdale, Victorville, Hesperia, or anywhere in Southern California, we have the knowledge and resources to be your Corona Bicycle Accident Lawyer and your Ontario Bicycle Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

R. Sebastian Gibson
http://www.articlesbase.com/personal-injury-articles/corona-bicycle-accident-lawyers-top-ten-things-you-wish-youd-said-to-the-person-who-hit-you-after-a-bicycle-accident-626857.html

Determining where to go after the diagnosis of Mesothelioma can be about as conflicting as how it happened to you in the first place. Mesothelioma is an equal opportunity disease, afflicting anyone who has a long history of asbestos exposure. Just because you may or may not have worked directly with asbestos doesn’t mean that you weren’t placed at risk.

Adults who had a parent who worked in a high risk environment are now developing Mesothelioma. As children they hugged their parents as they came in through the door, and the chronic exposure was enough to entice Mesothelioma into action. Children’s bodies are far more sensitive to these types of risk factors.

While your head is spinning with the factors that presented you with Mesothelioma in the first place, whether it was work environment or disaster related or parental hugs that landed you here, it is imperative to act quickly to find yourself the best medical care possible. Unfortunately that typically means finding the best Mesothelioma lawyer as soon as possible as well. Companies are less than forthright about their own culpability in Mesothelioma cases and often insurance companies are looking to find another avenue of fault.

Mesothelioma doctors estimate that the death rate from this horrid disease will peak within the present decade. It has been expected that there will be cases of Mesothelioma well into the next one hundred years since legislation does not currently require tight enough restrictions on asbestos. Mesothelioma doctors have found that nearly three times as many men contract Mesothelioma as women, but there has been no determination as to why this is the case. Some link higher rates of Mesothelioma rates in men to the past standard for working women, and fewer women were once exposed. Mesothelioma doctors state that there is no significant difference in the death rate of Mesothelioma victims when determining gender based factors.

Mesothelioma requires a specialist, and often the medical expenses associated with Mesothelioma are higher than exorbitant. It often requires a competent Mesothelioma lawyer to be able to assist victims in attaining medical funds which are rightfully theirs not to mention money toward living expenses, and compensation for the wrongdoing of American big business.

Mesothelioma patients who undergo complete mind, body, spirit treatments do better than those who only undergo treatment that focuses only on killing cancer cells. Mind, body, spirit treatment is typically a misunderstood approach. It simply means that there is more than just chemical warfare waged on the body. It means that nutrition, physical therapies, counseling, focus groups, stress management, and all forms of health are focused on to encourage the patient to have the best possible outcome.

Mesothelioma is a disease with the capability to wipe people out emotionally just as easily as it can physically. Research has proven that Mesothelioma patients who adhere to whole-istici approaches to their treatment have a higher success rate at either surviving the disease or living a higher quality of life for longer than originally anticipated.

There are many decisions that need to be made in a short amount time when diagnosed with Mesothelioma. Mesothelioma settlements can take a long time to reach and lawsuits involving Mesothelioma do not necessarily happen within appropriate timeframes. Patients often find themselves in the painful position of having to retain a Mesothelioma lawyer in effect to fight on their behalf after they are gone in the hopes that the family they left behind will be financially compensated. It is not terribly uncommon for a Mesothelioma lawsuit to transform itself into a Mesothelioma wrongful death suit.

Mesothelioma lawyers should also be able to speak on your behalf should you no longer be able to present yourself for any required hearings or testimony. Some Mesothelioma lawyers will accept power of attorney and attempt to counsel between the family and medical professionals in an attempt to do what is right for the Mesothelioma victim.

There are no guarantees that the best doctors with the best approaches can successfully treat Mesothelioma. There are numerous factors that go into this low survival rate disease. However, finding top notch Mesothelioma doctors who understand the importance of holistic practices, nutritional therapies, stress therapies, and various forms of alternative treatments to use in conjunction with aggressive conventional treatments can seriously alter a Mesothelioma patient’s chances of survival.

Nick Johnson
http://www.articlesbase.com/law-articles/steps-to-surviving-mesothelioma-119651.html

Power, Rogers & Smith Personal Injury Attorneys
http://www.prslaw.com/ Our top-notch legal team has been winning multi-million dollar verdicts and settlements for our clients for over a quarter of a century. Our record of success is the result of the high quality of our attorneys. Every accident attorney at Power, Rogers & Smith has a tremendous breadth and depth of knowledge when it comes to Chicago accident law and procedure. Our wins have come in various personal injury and wrongful death cases including but not limited to automotive accidents, medical malpractice, product liability, construction injuries as well as airplane and train accidents. From the negotiating table to the courtroom, our law firm is recognized by the media, our peers and our satisfied clients as Chicagos leader for serious injuries and wrongful death cases. Our injury attorneys in Chicago fight for justice one case at a time.

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John Ritter’s widow….After Ritter died, Yasbeck filed a $67 million wrongful death lawsuit against Providence Saint Joseph Medical Center and several doctors who treated her husband, alleging they misdiagnosed his condition and that contributed to his death. The case is due to go to trial in early February 2008. Several of the defendants have settled out of court for a total of $14 million, including Providence St. Joseph, which settled for $9.4 million.

We don’t have the facts ~ so we can’t really judge.

The amounts are high, but we are talking lost earning potential here and John Ritter was an icon who could have worked and demanded a very hefty salary.

According to Statistics Canada, ‘truck driver’ is the most common occupation of Canadian men. More than 250,000 Canadians make their living as truck drivers.

More than 269,000 commercial trucks cross the Manitoba/US border every year, exporting and importing billions of dollars of goods. Eighty percent of goods traded between Manitoba and the U.S. are shipped by truck and, together, the two countries trade over $300 billion worth of goods each year. Approximately every three seconds, a truck crosses the border. Overall, the trucking industry contributes $890 million of Manitoba’s GDP.

Each week, more than 612,000 trucks travel across Canada’s major highways.

The Emerson-Pembina border is the second busiest international border crossing point in Western Canada. Of Canada’s twenty-five largest for-hire trucking employers, five are headquartered in Winnipeg. The number of Manitoba’s for-hire trucking companies increased by 65% from 1990 to 1999, while rail lines continued to suffer.

Interestingly, commercial trucks are involved in just 2.4% of all motor vehicle accidents; tractor trailers in less than 3%. In more than 70% of all accidents involving trucks, the driver was not responsible for the accident. And while trucks are 3 times less likely to be involved in an accident than automobiles, the injuries caused from truck/car accidents are generally far more severe, given the immense weight of most trucks and tractor-trailers as compared to cars. The death toll is also higher.

If a loved one is killed after a collision with a large truck, the surviving family has the right to receive compensation for financial losses, medical expenses, and death and burial expenses. When such a tragedy occurs, an experienced Vancouver wrongful death lawyer can help you seek restitution for the wrong.  Although money can never make up for the loss of a loved one, it can help your family make ends meet in that person’s absence and ensure your children have what they need for their future.

When filing a truck collision claim, the negligent driver is the primary defendant. Depending on the circumstances, the trucking company who owns the vehicle may be liable, as well as any third-party manufacturer of defective vehicle parts that may have contributed to the accident. Trucks are required to operate under specific regulations to accommodate the dangers of the road, including restrictions caused by the vehicle’s height and type of cargo. Trucks are also subject to strict maintenance and upkeep codes.  If any of these regulations are broken, truck drivers and operating companies may face severe penalties.

If a loved one is injured in an accident with a truck, you need to prove negligence on the part of the truck driver. This is likely not something you can accomplish alone. A highly experienced truck accident lawyer has numerous resources available to investigate the accident and gather the necessary evidence to prove your case and win the compensation you deserve.

Patricia Woloch
http://www.articlesbase.com/personal-injury-articles/truck-accident-statistics-701397.html

Of the three forms of Mesothelioma, Pericardial, Peritoneal, and Pleural, there is no way to determine which is the most aggressive or the most destructive or the most vicious form of Mesothelioma. Pleural Mesothelioma, which attacks the lining of the lungs, is the most often diagnosed. Peritoneal Mesothelioma is when it attacks the lining which encases the internal organs. Pericardial Mesothelioma is Mesothelioma of the lining of the heart.

Mesothelioma is a rare, aggressive, deadly form of cancer that is only known to be cause via exposure to asbestos. Asbestos related illnesses can take anywhere form ten to forty years before announcing themselves with symptoms of illness. Pericardial Mesothelioma often presents with symptoms which include shortness of breath, chest pain, heart palpitations and a persistent cough.

Mesothelioma is a form of cancer, and the treatment options available for patients are like any other form of cancer. The problem with that is that most patients do not respond as well as most other forms of cancer. Mesothelioma victims typically only survive maybe two years after diagnosis, with others not surviving nearly that long.

Pericardial Mesothelioma can be treated with chemotherapy, radiation treatments, palliative therapies, and surgical procedures. Each treatment option presents its own set of negative side effects which may or may not complicate the symptoms of it.

When treating Pericardial Mesothelioma with chemotherapy, a chemical concoction known to kill Mesothelioma cancer cells is introduced into the body. This chemical cocktail then attacks the cancer cells which are causing the Mesothelioma. The chemicals also tend to strip away the body’s immune system. Treating Mesothelioma with chemotherapy is also known to cause severe nausea, vomiting, weight loss, the loss of hair, fatigue, and sometimes mood alterations which lead to irritability.

Treating Mesothelioma with chemotherapy often does not prove to be aggressive enough, and radiation therapy is also introduced into the treatment regimen. Radiation therapy is the directed attack of radiation into the affected area in hopes of killing the Mesothelioma cancer cells. Radiation therapies are also known to weaken the immune system and create fatigue and illness. Often using chemotherapy in tandem with radiation therapy leads to destroying what quality of life the Mesothelioma patient has left without successful results.

Surgery is not a treatment option for Pericardial Mesothelioma. Pericardial Mesothelioma is very difficult to treat because it has been deemed unbeneficial to attempt to remove the cancer from the heart. Pericardial Mesothelioma patients do not qualify for heart transplants because there is a great risk of cancerous cells being spread throughout the additional mesothelium. Most Pericardial Mesothelioma patients do not live long enough to wait out a transplant list even if their overall health qualifies to be on the list in the first place, which unfortunately is very rare with Pericardial Mesothelioma.

Pericardial Mesothelioma is the rarest form of it. It is difficult to diagnose and even more difficult to treat. Pericardial Mesothelioma is often not diagnosed until treatment options are severely limited.

There are alternative options for treating Mesothelioma in conjunction with traditional methods, such as nutritional and lifestyle therapies, counseling, massage therapies, and holistic approaches to dealing with the vigorous side effects of the traditional treatment options. Alternative therapies and treatments have mostly only been effective in alleviated the discomfort and depression that is typically associated with Mesothelioma and its variable treatments.

The deadly nature of Pericardial Mesothelioma is grounds for a wrongful death lawsuit. Mesothelioma is the result of negligent exposure to asbestos. The long term exposure to asbestos creates the malignant cells in the protective lining of the internal organs, which over the course of decades, causes it. Mesothelioma in any form is typically deadly with a remarkably low survival rate.

The fact that companies who were responsible for the asbestos exposure were completely aware of the health threat which they were introducing to their employees makes it that much more deplorable. Victims and their families are well within their rights to file lawsuits to provide for their medical expenses, receive compensation for their pain and suffering, and to provide a secure financial future for their families. Mesothelioma wrongful death lawsuits are one of the only ways available to hold big business accountable for their blatant neglect. Many victims consider their lawsuits as part of their overall Mesothelioma treatment plan, allowing them to reclaim their dignity and have their voices heard. The crime of asbestos exposure should come with much more severe penalties, but for now the only recourse that victims have is th filing of Mesothelioma and wrongful death lawsuits.

Nick Johnson
http://www.articlesbase.com/law-articles/pericardial-mesothelioma-and-modern-forms-of-treatment-119675.html

Client testimonial of Ruth, mother of wrongful death auto accident victim in Michigan. She discusses Michigan Auto Law and Steve Gursten, Michigan Lawyer of the Year – and how their warmth and expertise ensured the best possible outcome for her family following their tragedy. http://www.michiganautolaw.com

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The Supreme Court of Virginia, in recently deciding the case of Perreault v. The Free Lance Star, 276 Va. 375, 666 S.E.2d 352 (2008), has significantly affected the application of confidential settlement terms in wrongful death claims that will culminate in the filing of a written petition stating the relevant terms, with the Release attached, and a file that will remain open for all the world to see.

All medical malpractice defendants or potential defendants, as well as their respective insurance carriers, want the settlements of claims to remain confidential. For the individual healthcare providers, confidentiality helps to protect their good name and limits the ability of other potential claimants to find and pursue a target with a proven willingness to settle. For the insurance carriers, an added benefit is the restriction on the ability of claimants’ counsel to research the settlement proclivities of any individual carrier.

Because of the nature of the claims at issue, the statutory law of Virginia requires that a Court approve settlements in which the claim is brought for wrongful death, and authorizes approval of such claims brought by a person under a disability. Specifically, as part of the determination of the General Assembly to protect the beneficiaries to the Estate of a wrongful death Decedent-to ensure that all proper beneficiaries are aware of the claim and settlement, and to ensure that claims are not improvidently or hastily settled-Virginia Code – 8.01-55 requires Court approval of the compromise. Because persons under a legal “disability” (i.e., minors, prisoners, or persons under a mental or other incapacity) are deemed incapable of contracting, and to promote oversight of such settlements, Virginia Code – 8.01-424 authorizes Courts to approve such settlements. Such Court approval carries with it potential viewing by the public eye.

In 1988, the Supreme Court of Virginia held in Shenandoah Publishing House, Inc. v. Fanning that the statutory law of the Commonwealth creates a rebuttable presumption of openness to the public of judicial records of civil proceedings. The underlying issue had been whether the trial Court should have entered a protective order sealing various pieces of information and data, as well as the final order approving the settlement of the wrongful death claim that had been brought. The Court tipped the balance in favor of “a societal interest in learning whether compromise settlements are equitable and whether the courts are administering properly the powers conferred upon them” and against the risks of potential damage to professional reputation, emotional damage, or financial harm.

After the decision of the Supreme Court, courts throughout the Commonwealth varied in their application of Shenandoah Publishing. In some courts, the order approving a wrongful death settlement would be sealed from public view-as long as no one objected. In other courts, the Judge would require that the order remain unsealed. In still other courts, the order might remain unsealed, but the precise terms of the settlement might not be made a part of that unsealed order. This last option became less frequent after the Supreme Court decided the 1995 case of Ramey v. Bobbitt, in which the Court held that, to be binding, a Release had to be made part of a wrongful death settlement approved by a court. In a nutshell, the potential viability of confidentiality had remained murky. Regrettably, the Supreme Court of Virginia recently brought clarity to the issue — at the cost of a large measure of the confidentiality that has traditionally been a part of the settlement of medical malpractice claims.

The Supreme Court of Virginia acted in the case of Perreault v. The Free Lance Star, which involved the approval by the Spotsylvania Circuit Court of the settlement of four separate wrongful death claims. The financial terms in each matter were kept private in sealed versions of the petitions (unsealed versions were redacted such that the financial terms were obscured). The Supreme Court of Virginia applied Code – 8.01-55, Shenandoah Publishing, and Ramey, and held that court approval of a wrongful death claim requires the filing of a written petition that contains the complete and unredacted terms of the compromise settlement. Thus, the file must remain open and must contain a written petition containing all required information, including the financial terms. The case has several significant implications.

Going into the future, it is clear that your bought-and-paid-for confidentiality provision is effective only as to the parties to the immediate proceeding. Because that is the official interpretation of the law, arguably, parties interested in the terms of previous wrongful death settlements (e.g., newspapers or claimants’ counsel) may petition the approving Courts to unseal the relevant pleadings. Also, these principles are likely to be applied to the settlements of claims brought by persons under a disability. The premium that you should be willing to pay for confidentiality and your piece of mind have both just decreased.

Lawrence J. Reaves
http://www.articlesbase.com/law-articles/clarity-to-the-point-of-transparency-how-confidential-will-your-next-settlement-be-751988.html

My dad was getting divorced the day after he had his car accident. He died 4 days later due to negligence at the hospital. We are looking at pursuing a wrongful death lawsuit. My dad and his wife had been separated for 1 1/2 years and did not live together. She isn’t my real mom. I have general power of attorney and healthcare power of attorney on my dad. I’m also the executor and beneficiary of his estate. Do I have to let the former spouse know about the wrongful death lawsuit?? She is legally crazy. Multiple personalities and bipolar disorder. I don’t want her knowing any of these because she’ll try and get her dirty hands on everything she can.

Rules on this vary form state to state. You better get an answer from a lawyer in your state before you do anything. If she has a valid claim to any part of your husband’s estate (some states require a certain portion to go to the wife) and you bypass her, it would really, really suck to be you. She could have a claim to you for both her portion AND punitive damages.

In any case, you should look at getting a lawyer for the suit. It needs to be investigated, and evidence needs to be preserved. (It has a way of vanishing, if you know what I mean!)

Also, if the accident was the fault of another driver, you will also have a case against him or her.