Subsys Spray’s Fatal Effect

Posted by on Oct 21, 2016 in Subsys Spray Lawsuit | 0 comments

Since its introduction in 2012, the U.S. Food and Drug Administration’s (FDA’s) Adverse Events Reporting System has listed 203 deaths linked to Subsys. During the first half of 2015 alone, Subsys-related deaths has continued to accelerating, registering as many as 52 deaths.

Subsys is the first and only sublingual spray that contains fentanyl, an extremely powerful opioid painkiller with a strength that is 80 to 100 times greater than morphine. It is produced by Insys Therapeutics, Inc., and was approved by the FDA to manage intense and rapid flare-ups of pain (due to cancer) in adults who are opioid tolerant. By working in the brain to change how the body feels and responds to pain, Subsys is able to effectively provide relief within just five minutes after spraying it under the tongue.

The risk of abuse, addiction and overdose makes Subsys a dangerous and deadly drug to children and all other individuals who are not opioid tolerant. Despite the dangers associated with the use of this drug, Insys Therapeutics is said to have aggressively marketed it for off-label use – a marketing strategy that the federal law strictly prohibits drug companies from ever doing (doctors may, however, prescribe drugs for off-label use).

Besides overdose, abuse, misuse and addiction, Subsys has also been found to cause other side-effects, which include nausea, vomiting, somnolence, constipation,respiratory depression (which can lead to apnea),circulatory depression, hypotension, shock, slow heart rate, feeling like passing out, and fatal breathing problems.

Due to the dangers associated with the use of Subsys, it is made available only through a certified pharmacy and under a special program, called the Transmucosal Immediate-Release Fentanyl (TIRF) REMS Access program. Those who need to get Subsys, even healthcare providers, must first register under this program.

As explained by a Subsys spray death lawyer, victims of accidental overdose caused by fentanyl products, like Subsys, may be eligible to file a lawsuit against this drug’s manufacturer, or the healthcare provider that prescribed this drug.

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An Overview of Vehicular Assault

Posted by on Aug 21, 2016 in Car Accidents | 0 comments

Driving under the influence or DUI by itself already carries stiff penalties and serious punishments. When the drunk driver causes serious harm or injury to another driver, his charges could escalate to vehicular assault. The website of Horst Law reveals that such offenses may carry a mandatory minimum sentence of two years or up to a maximum of 12 years. This will depend on the number of DUI charges the driver has on their record.

Depending on the state where the offense happened, vehicular assault may either be a felony or misdemeanor. If the accident caused bodily harm to the other driver, they would be charged with felony and may face several years prison sentence aside from paying stiff fines. For more severe consequences, the charge may be reduced to misdemeanor. Regardless of whether the charge is a misdemeanor or felony, the defendant may be sentenced to jail time.

In some states, a DUI driver may be charged with first, second, or third degree vehicular assault. The first degree charge is considered as felony and second and third degree as misdemeanors. Everything will depend on the circumstances and seriousness of the injury incurred by the other driver. A driver who commits reckless driving or who has a BAC of more than 0.18 is guilty of first degree vehicular assault if someone was seriously injured.

If the charge is felony, the driver can be sentenced with probation or imprisonment of more than five years. For misdemeanor, the sentence ranges from probation or imprisonment or one to two years. The punishment will depend on current state laws and other circumstances such as seriousness of injuries, the number of people who got injured, the ages of the injured, and the criminal record of the defendant.

Lastly, a driver charged with vehicular assault is considered as a threat to the safety of other drivers, vehicular assault may also include temporary suspension of the driver’s license. In order to have their license reinstated, the driver may be required to take remedial classes or pay certain fines.

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Georgia Truck Accident Lawsuits

Posted by on May 15, 2016 in Car Accidents | 0 comments

A log truck that overturned and sent logs to block off Newton Road in Albany, Georgia on Feb. 22, 2016 resulted in one man sustaining critical wounds and getting brought to the Tallahassee Memorial Hospital in Florida via helicopter.

According to Georgia State Patrol Trooper Robert Snyder, the truck rocked up on its side through the curve with all the weight bearing on that side, causing the right front tire to burst and the rim to bite down into the asphalt, thereby pushing the truck off the road and scattering its load of logs all across the road.

The website of Ausband & Dumont says that as much as there had been incidents when a truck accident is caused by the negligence and irresponsibility of a truck driver, there are also times when the driver is blameless, and that the accident is caused not because of any wrongdoing on his part. There can be instances when other people may be to blame for the truck accident that transpired; for instance, people who are employed by the truck company who should have been responsible for inspecting and repairing the truck as needed before it makes its journey on the road and may have neglected to do so. The truck’s load may have been improperly positioned on the truck, or the truck may have been manufactured with defective lights, brakes, tires, among others.

In a truck accident lawsuit, a plaintiff, with the help of his legal counsel, should properly identify the proper parties to sue; it is the common mistake of a new plaintiff without prior experience when it comes to litigating truck accident cases to immediately sue the truck driver for the accident. While in most cases, this is the correct action to take, sometimes other parties should also be lodged a lawsuit as well, such as the manufacturer of the truck, mechanics and maintenance companies, the trucking company, the parts companies, among others.

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Why Should You Have Car Insurance?

Posted by on Dec 4, 2015 in Car Insurance | 0 comments

Ever wonder who pays to get a personal injury claim resulting from an automobile wreck? A lot of people understand that auto insurance is required by law for anyone who wants to drive; for the fixing of an automobile, it pays at precisely the same it when it gets ruined. What many people don’t understand is that it is also the automobile insurance company by way of the third-party liability (TPL) protection (also needed by regulation in many states) which usually pays for any awards in a personal damage match. For this reason defendants such cases are so well -represented; it’s generally the insurer which pays for the attorneys.

Nonetheless, in circumstances where motorists are convicted of driving under the influence (DUI), driving uninsured, driving with no permit, or with a lot more than three traffic infractions, they get their licence suspended and many insurance firms will decline to supply protection, anyhow. It is because drivers signify a high-risk population, along with the tables signify that such clients are not unlikely to cost the company more money than carry it in. With no valid driver’s licence and basic insurance, a person can not lawfully drive in the U.S.

But there is a method to get all these individuals a particular kind of insurance, but it will require an SR-22 filing. In line with the website of Insure on the Spot, the SR-22 is a form that an insurance company sends the Secretary of State certifying that the particular person has the necessary insurance to operate a vehicle legally in a specific state, such as Illinois or Indiana, that your insurance provider ensures. The SR 22 certificate is, in addition, a prerequisite for the raising of a suspended license in most states.

The SR 22 insurance may not be cheap to-boot and is typically hard to get, but the level of difficulty and cost changes according to the insurance carrier. When looking for SR-22 insurance, request charges and the level of support in the insurance companies offering it in the applicable state to comparison shop prior to making a choice.

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How Organic (or Eco-Friendly) Dog Food Saves the Planet

Posted by on Aug 12, 2015 in Animals | 0 comments

There has been a recent insistence on going organic when it comes to food, and this is inextricably linked to promoting health. But the concept of “organic” does not exist in a vacuum. It is not merely a product that springs out of nowhere and has no history behind it. Going organic is essentially a process of going back to nature and promoting eco-friendly practices. This way of thinking applies seamlessly to organic dog food as it does to organic human food.

Dog on the waterDomestic dogs mimic the human diet inasmuch as there is a need for a prescribed mix of protein (preferably animal-sourced), fats and carbohydrates to keep healthy. So if you follow this thinking, dogs benefit from agricultural industries the same way as humans do. If organic food products are preferred, this encourages more industries to utilize organic methods of production. This in turn will lead to saving the planet from the effects of environmental hazards.

The rationale behind this reasoning is the nature of organic methods of doing anything. Absolutely no synthetic fertilizers, pesticides, herbicides, and growth or prophylactic hormones are used in connection with any agricultural process. This ensures that the fruits, vegetables, grains and meat that are produced did not contribute to the inadvertent pollution of the soil, water and air, and that the products are likewise free of toxic residues.

When dog food is labeled “organic” in the US, it means that at least 95% of the ingredients used are organic. Check out the nutritional label and the recurrence of the word organic is sure to be prodigious. The use of the term “organic” is strictly regulated by the Food and Drug Administration, so consumers can be sure that it is what it says it is. And because organic dog food is made of organic ingredients, it is logically eco-friendly and helps save the planet.

It should be noted, however, that “all-natural” and “natural” is not the same as “organic.” The term “natural” is not regulated as the term “organic” is, so dog food manufacturers can use it with impunity with no fear of reprisals. Organic dog food is among the most expensive in the market, but it is well worth it. It is not only dog-healthy, it is earth-friendly.

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Hospital Negligence: Naming the Hospital as Defendant

Posted by on Apr 15, 2015 in Hospital Lawsuits | 0 comments

“Respondeat superior,” a Latin phrase which means, “let the master or superior answer,” refers to the legal responsibility imputed on employers for the harmful or injurious mistakes committed by their employees while performing their job; it is otherwise called “vicarious liability.”

This legal terminology is often applied in medical malpractice lawsuits (especially one based on hospital negligence), wherein the hospital, instead of the doctor, a nurse, or a medical technician or staff, is named as defendant. This move is resorted to by many legal experts due to the amount of compensation sought by the victim; an amount which the medical personnel may not have, but which the hospital’s insurance carrier can surely afford. But more than just the compensation is the message that needs to be raised to the hospital’s owner/s and managers: ensure the provision of quality care to prevent other patients from suffering from injurious mistakes.

Medical malpractice resulting to hospital negligence is one of the most alarming realities in the US. In 1999, the Institute of Medicine published a report titled, “To Err Is Human.” It basically laid down a comprehensive strategy that is hoped to significantly reduce preventable medical errors which, the report claimed, caused the death of as many as 98,000 people every year. Instead of declining, though, the number of deaths only almost doubled as the Office of Inspector General for Health and Human Services stated in 2010 that as many as 180,000 patients in Medicare alone die every year due to bad hospital care.

The most alarming news, however, came in 2013 after the Journal of Patient Safety published a study, which said that patient death due to medical errors number between 210,000 and 440,000 each year. This number makes totally preventable medical errors as 2013’s third-leading cause of death in the US, behind heart disease and cancer – the same conclusion arrived at by the Journal of the American Medical Association (JAMA).

A hospital can be accused of negligence through many different ways, including, but not limited to, its failure to:

  • Make sure that it hires educated, properly trained and licensed staff
  • Ascertain that its independent contractors or non-employees, such as an attending physician, possess proper credentials
  • Have enough nurses, technicians and other staff which will ensure provision of proper and timely care to patients
  • Keep patient records properly, resulting to mix up or loss of important records

All these negligent acts can very well result to: a nurse giving the patient the wrong medicine or incorrect dose of medicine; overworked and fatigued nurses and other medical staff due to working much longer than they are supposed to; a nurse or a medical personnel failing to follow treatment instructions; a doctor providing medical treatment that results to infection; a medical staff giving medication that causes severe allergic reactions; failure to treat wounds properly; performing surgery on the wrong patient; amputating, or operating on, the wrong body part, and so forth.

Injuries due to hospital negligence do not only cause in patients additional health damages but also additional costly medical treatment, prolonged disability, a longer period away from work which, in turn, results to loss of wages.

Tennessee personal injury attorneys often understand that erroneous medical treatments can cause life-changing consequences in the lives of innocent patients and their families. Seeking justice, which includes receiving compensation that should cover all present and future damages resulting from the erroneous treatments, requires the help of a seasoned personal injury lawyer, who is capable of a thorough, objective and intelligent review of patients’ specific cases and the possible consequences of filing a civil lawsuit.

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Probate Litigation: Aftermath of Loss

Posted by on Feb 11, 2015 in Law | 0 comments

Dealing with the loss of a loved one is never an easy circumstance and more often than not, complications will arise. This is true especially if the deceased had left behind a hefty sum of belongings and estates that is to be distributed among his or her trustees in the event of their passing. However, there are some beneficiaries who may opt to have the will contested, therefore calling for a probate litigation. Some might opt to prove that the will had not be written or signed while the person was of sound mind while some might believe the will to be as legitimate as claimed to be.

According to the website from the law offices and Peck Ritchey, LLC, there are a variety of reasons as to why anyone would want to contest a will and file for a litigation; it is these minor subtleties that make every case of this nature so complex. Cases of this nature are hardly ever straightforward due to the circumstances and can be cause for more strain for yourself and for your family. Though the equation remains the same but the procedure is tedious and the variables required are incredibly difficult to acquire and prove.

If you were to acquire the help of professional attorneys who specialize in probate law, it could save you a lot of stress and effort that is certainly better aimed towards recovery from the grief. A legal team that already specializes in legal issues of a similar kind already know what to do and how to deal with it, allowing for you to rest well while knowing that your case is being represented by the best kind of people. The services you might want to acquire are those of professionals who will be with you every step of the way.

It is never easy to deal with a situation like this – but it can be made easier, so long as you know who to ask for help.

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Traffic Violations on Steroids

Posted by on Nov 10, 2014 in Car Accidents | 0 comments

Most people have had a traffic ticket issued to them at least once in their life, and in general they are minor offenses payable with a fine and perhaps costing you some points on your driving record which will drive your insurance premiums up or get your license suspended. Some examples of civil traffic violations include:

  • Driving on the sidewalk
  • Expired driver’s license less than six months
  • Expired registration
  • Ignoring traffic control signals
  • Running a red light
  • Simple speeding
  • Tailgating

Getting any of these violations sucks and can be expensive but for all that they are civil rather than criminal violations, so you will not need a criminal defense lawyer. Nevertheless, you can certainly challenge the ticket in court with the help of a lawyer if you believe it was unjustified, and you may even get your case dismissed. In some cases, you may be given the option to attend traffic school to avoid the fines and the points on your record.

However, there are certain traffic violations that are much more serious than going 5 miles over the speed limit, or which Florida statutes consider criminal, and for these you will need a lawyer. According to the website of the Flaherty Defense Firm, these criminal violations can be charged as misdemeanors or felonies, depending on the circumstances. These include but not limited to:

  • Driving under the influence (DUI)
  • Driving without a license or with a suspended or revoked license
  • Leaving the scene of an accident

Even having too many unresolved traffic tickets or being a habitual traffic violator can elevate your case to criminal court. For these types of offenses, fines or traffic school are not the only things you could be facing but prison time and license suspension as well. If you fail to show up for court, you will only make things worse for yourself. Retaining a criminal defense lawyer for these types of cases will relieve you not only of worry but the necessity of making court appearances and applying for the reinstatement of your driving privileges, even if only on a limited basis.

Traffic laws can be confusing, so even if you believe you know how to handle it, it would not be a good idea especially for serious traffic violations. Don’t take your chances; hire a competent lawyer to handle your case for the best possible results.

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Why Every Driver Needs Personal Injury Protection

Posted by on Aug 21, 2014 in Law | 0 comments

There are a number of different things you need to know about personal injury law if you’re about to be going to court. It is important that you do many things from day one and that you have access to the right personal injury lawyer. Keep reading to learn more about all of this.

When choosing a personal injury lawyer, pay special attention to the size of their firm. Generally, larger firms mean that more than one lawyer may work on your case. These are usually Associate Attorneys who are trying to gain some legal experience, while having a senior attorney oversee and make the final decisions. Smaller firms can usually provide better management by having fewer people working on a case. Feel free to ask if other attorneys will be working on your case in any firm you’re interested in.

Many lawyers try to explain the basics of how a personal injury case is evaluated to their clients. According to the website of Tennessee attorneys Pohl & Berk, LLP , they are mainly evaluated on three principles: liability, damages, and collectability. Liability refers to how bad the action is, the evidence, and the facts of the case. Damages refers to the seriousness of the injuries and the opinions of witnesses and medical staff. Collectability refers to insurance coverage, policies, and assets and how much money the case may be able to bring in.

The faster you can get to trial, the better. While you’re injured, it is likely you are not bringing in as much income as you did before the accident, or even any at all. How can you pay your bills? The faster your trial is over, the sooner you’ll get your money. With a fast trial, your injuries would also be in evidence in court, meaning you can appeal to the judge and jury’s sympathy from a stronger position.

Hopefully you’re now better prepared to find the right personal injury lawyer and have everything ready when it’s your day in court. You need to remember everything you’ve read so that you can be able to win your case. Stay on your toes, and go ahead and get started now.

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DUI Charge: The Punishment and Chain of Limitations and Inconveniences it Results To

Posted by on Mar 19, 2014 in Uncategorized | 0 comments

Driving under the influence (DUI) or driving while intoxicated (DWI) is a major offense in all 50 states. And the US Federal government, as well as local governments, has and continues to make it clear to all motorists that anyone caught violating the anti-drunk-driving law will be dealt with, with hefty fines and stricter punishment, which can include time in jail, suspension of driving privileges from one month to one year, and mandatory participation in an alcohol and drug education class (or DUI School).

According to the National Highway Traffic Safety Administration (NHTSA), drunk-driving is one of the major causes of motor vehicle accidents in the US. This means vehicles, regardless of size, such as motorcycles, cars, vans, SUVs and trucks (from light trucks to 18-wheelers).

Annually, millions of arrests, involving drunk drivers are recorded and with these are thousands of injuries plus, at least, 10,000 fatalities – more than enough reason for the government to conduct a stricter campaign to catch DUI offenders. This stricter campaign explains the increased visibility of traffic enforcers and the setting of check points for sobriety tests.

One of the disappointing facts about DUI is that many of those who are caught are first time offenders; individuals whose real fault may only probably be lapse in mental judgment. Meaning, people who just wanted to spend fun, relaxing time with friends, during weekends the holiday season or special occasions, and then decide to drive on the way home, becoming mindless of the DUI law.

The only problem is, such individuals also forget that driving while drunk make them threats to road safety, even without intending to be. Only after getting caught do they realize the great blunder that they have committed.

The present limit of blood alcohol concentration (BAC) level in all states is 0.08% – that means about 4 bottles of beer consumed within an hour. In 2013, the NHTSA made a move to still lower BAC to 0.05%, to keep roads still safer against possible violators.

Offenders, first time offenders, especially, should know that being charged with a DUI crime, or any kind of crime, for that matter, leads not only to fines and punishments, but to a chain of limitations and inconveniences as well. Some of these include:

  • Higher car insurance premiums that can extend to three years
  • Negative effect on custody or visitation rights
  • International travel restrictions
  • Difficulty in maintaining commercial or professional driver’s license
  • Losing current job and difficulty in finding another
  • Difficulty in finding an apartment to live in
  • Difficulty in renting a car

Saving yourself from all the undesirable consequences of a criminal charge makes having a top caliber lawyer, to defend you, a necessity. Thus, make sure that you find a really good attorney, for not everyone is as good in defending client’s interests and rights as others.

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