Personal Injury

Lead: The Equal Opportunity Toxin

May 29th, 2007 by LawGuru Staff

  • What is Lead Poisoning?Lead poisoning, also known as saturnism, plumbism or painter’s colic, is caused by increased blood lead levels as a result of exposure to lead in the environment. Lead is a neurotoxic metallic element that can be absorbed by the body, usually through the lungs and stomach. When too much lead accumulates in the body, lead poisoning can occur. Generally, it happens slowly, resulting from the gradual accumulation of lead in bone and tissue after repeated exposure. Kids are especially vulnerable and are known to absorb 50% of a lead ingestion while adults absorb only 10%. Although lead is no longer used in paints, gasoline, water pipes and other products, some lead-based products still exist and may pose a health hazard. In addition, lead has staying power and much lead remains in the environment years after its initial use.
  • What are the dangers of Lead Poisoning?Left untreated, lead poisoning can damage many internal organs, including the kidneys, nervous system and brain. Because of the possibility of permanent impairment, lead poisoning is especially dangerous for infants and children younger than 7 years. The earlier that treatment is sought, the greater the possibility of reducing damage.
    A common misconception is that lead poisoning affects only the urban poor. While exposure risk is higher in deteriorating inner-city neighborhoods, this disease has been known to affect all socio-economic groups. Upper and middle-class children can become exposed to lead dust during renovations of older homes. Exposure to even low levels of lead can cause damage over time, especially in children.
    Complications resulting from lead poisoning differ in children and adults and should therefore be addressed separately. The primary known risks to children are: poor muscle coordination; learning disabilities; nervous system and kidney damage; decreased muscle and bone growth; speech, language and behavior problems; and hearing damage. The primary known risks to adults are: pregnancy complications, including miscarriage, preterm delivery and stillbirth; damage to sperm-producing organs in men; memory and concentration problems; high blood pressure; digestive problems; nerve disorders; muscle and joint pain; and cataracts.

  • Legal IssuesMillions upon millions have been affected by lead poisoning. Many suffer permanent injuries and require ongoing medical treatment. Lawsuits are often brought by lawyers on behalf of children who have sustained lead poisoning from lead paint. Fortunately, jurisdictions often have a very long statute of limitations for lawsuits filed by children, some lasting five, ten, or even twenty years. This means that even if a child sustained lead poisoning up to twenty years ago, the attorney representing him would still be able file a law suit against the landlord or builder.The liability resulting from lawsuits brought by the families of the men and women who have suffered deadly side effects from this terrible affliction is in the hundreds of millions of dollars.

  • Your RightsIf you believe you’ve suffered health problems due to lead poisoning, you may be entitled to damages. To determine your rights, you should contact a personal injury attorney specializing in these types of cases. You can search the LawGuru Attorney Directory for a personal injury lawyer in your area. Or, if you have additional questions about lead poisoning and your situation, you can ask a free question of the LawGuru Attorney Network in our Knowledge Base.

    • Posted in Personal Injury | No Comments »

    Ephedra: Chinese Medicine or International Killer?

    May 29th, 2007 by Keith Tutera

  • What is Ephedra Ephedra (Chinese: ma huang) is an alkaloid chemical compound traditionally obtained from the plant Ephedra sinica, an Asian evergreen shrub. Its principal derivative, ephedrine, has many of the characteristics of an amphetamine and has been used as a decongestant and for temporary relief of shortness of breath caused by asthma, nasal decongestant, and minor eye irritation. In traditional Chinese medicine it is used for asthma, hay fever, and even the common cold.
    Ephedra in its “natural” form is often sold as a major ingredient in dietary supplements. People have taken such dietary supplements containing ephedra in the hopes that it will boost energy, help them lose weight, or enhance their athletic performance.
  • What are the dangers of Ephedra? In April of 2004, Ephedra was banned by the FDA because it was found unsafe to use. The amphetamine-like stimulant, which speeds the heart rate and constricts blood vessels, has been found to produce the following adverse reactions in its users: strokes, heart attacks, vomiting, psychiatric symptoms such as anxiety and change in mood, autonomic hyperactivity, palpitations, paranoid psychosis, depression, convulsions, coma, fever, vomiting, hypertension, seizures, respiratory depression and death. It has also been found to increase the risk of nausea 2-3 times more than a placebo.
  • Legal Issues Ephedra has now been linked to hundreds of deaths, including that of Baltimore Orioles pitching prospect Steve Bechler. Many others suffer permanent injuries and require ongoing medical treatment.The liability resulting from lawsuits brought by the families of the men and women who have suffered deadly side effects from this terrible drug against companies like Metabolife who make products containing Ephedra has reached the tens of millions of dollars and is climbing fast.

  • Your Rights If you believe you’ve suffered cardiovascular problems or other harmful side effects due to Ephedra, you may be entitled to damages. To determine your rights, you should contact a personal injury attorney specializing in Ephedra related cases. You can search the LawGuru Attorney Directoryfor a personal injury lawyer in your area. Or, if you have additional questions about Ephedra and your situation, you can ask a free question of the LawGuru Attorney Network in our Knowledge Base.

    • Posted in Personal Injury, Product Liability | No Comments »

    Paxil: The Depressing Antidepressant?

    May 29th, 2007 by LawGuru Staff

  • What is Paxil?Paxil, manufactured by GlaxoSmithKline, is one of several selective serotonin reuptake inhibitors (SSRIs) on the market. Paxil is prescribed for depression, generalized anxiety disorder, panic disorder, obsessive compulsive disorder, post traumatic stress disorder, and social anxiety disorder. The idea behind Paxil is that it increases levels of serotonin in the spaces between brain cells thereby allowing more efficient transmission of electrical signals to the brain, which result in a patient’s increased sense of mental happiness.
  • What are the dangers of Paxil?Several studies have found that SSRI drugs have serious side effects, but that Paxil has a greater risk of side effects than other SSRIs. Paxil has been the subject of FDA warnings on suicide in children and adolescents and for the danger of birth defects. A recent study has even attributed a new form of birth defect to Paxil.The list of side effects that have been found to be associated with Paxil are incredibly numerous. Some of the most common are: restlessness, irregular heartbeat, sweating, depression, anxiety, muscle pain, irritability, irregular orgasm, aggression, and suicidal attempts. It has also been discovered that Paxil and other SSRIs can cause a condition called akathisia (severe inner restlessness) that in turn is associated with suicidal tendencies, as evidenced by its inclusion into American Psychiatric Association’s bible, the Diagnostic and Statistical Manual of Mental Disorders, or DSM IV.

  • Legal IssuesGlaxoSmithKline (GSK) has been sued not only by individuals seeking personal injury claims, but also by the state of New York, which alleged that the company concertedly hid studies that reflect badly on the drug and furthermore has accused Glaxo officials of misrepresenting data. New York’s attorney general Eliot Spitzer has taken the case to the New York Supreme Court.The liability resulting from lawsuits brought by the families of the men and women who have suffered deadly side effects from Paxil has reached the tens of millions of dollars.

  • Your RightsIf you believe you’ve suffered any of the aforementioned harmful side effects due to Paxil, you may be entitled to damages. To determine your rights, you should contact a personal injury attorney specializing in Paxil related cases. You can search the LawGuru Attorney Directory for a personal injury lawyer in your area. Or, if you have additional questions about Paxil and your situation, you can ask a free question of the LawGuru Attorney Network in our Knowledge Base.

    • Posted in Personal Injury, Product Liability | 1 Comment »

    Vioxx: From the Shelf to the Senate Floor

    May 29th, 2007 by LawGuru Staff

  • What is Vioxx?Vioxx, generic name rofecoxib, is a COX-2 selective nonsteroidal anti-inflammatory drug (NSAID). Vioxx is a prescription medicine prescribed primarily to reduce acute pain in adults, inflammation and stiffness caused by osteoarthritis, painful menstrual cycles, rheumatoid arthritis and certain forms of juvenile rheumatoid arthritis, and to treat migraines.
  • What are the dangers of Vioxx?On October 1, 2004 Vioxx was voluntarily taken off the market in the largest prescription drug withdrawal in history. A study found it doubled the risk of having heart attack or stroke. Moreover, Vioxx has also been linked with several other deadly side effects, including nonbacterial meningitis, kidney damage, severe intestinal damage, angina, ulcerations, internal bleeding blood clots, and toxic epidermal necrolysis (TEN), a fatal skin disease.
  • Legal IssuesThe first Vioxx-related personal injury lawsuit against Merck ended on Aug. 19, 2005, when a Texas jury found Merck liable for the 2001 death of a man who had taken the medication and awarded $253.5 million in compensatory and punitive damages to his widow.Since then, many lawsuits have been filed against Merck. Several scientists testifying before the Senate Finance Committee provided substantial evidence that the drug company Merck and the US Food and Drug Administration (FDA) knew of dangerous safety concerns years before the drug Vioxx was withdrawn from the market. A large ripple effect has ocurred, as many no longer trust the FDA, believing that the FDA has gotten too close to drug companies and are unable to act on behalf of the public at large.The liability resulting from lawsuits brought by the families of the men and women who have suffered deadly side effects from this terrible drug has reached several hundred million dollars.

    If you believe you’ve suffered cardiovascular problems or other harmful side effects due to Vioxx, you may be entitled to damages. You can look for an attorney here:

  • Your Rights If you believe you’ve suffered cardiovascular problems or other harmful side effects due to Vioxx, you may be entitled to damages. To determine your rights, you should contact a personal injury attorney specializing in Vioxx related cases. You can search the LawGuru Attorney Directoryfor a personal injury lawyer in your area. Or, if you have additional questions about Vioxx and your situation, you can ask a free question of the LawGuru Attorney Network in our Knowledge Base.

    • Posted in Personal Injury, Product Liability | No Comments »

    Mesothelioma - Your Risks & Rights

    April 12th, 2007 by LawGuru Staff

  • What is Mesothelioma? Mesothelioma is a rare cancer that is almost always caused by exposure to asbestos fibers. There are various types of mesothelioma, all of which are fatal and for which there is no cure. Some of the symptoms include: shortness of breath, coughing/wheezing, chest pain, weight loss, abdominal swelling, jaundice, cachexia, bowel obstruction, blood clotting abnormalities, anemia, trouble swallowing, swelling of the neck and face, fever, blood clots, and ascites.
  • What causes Mesothelioma? The primary risk factor for malignant mesothelioma is contact with asbestos. A history of asbestos exposure exists in almost all reported cases. The most common method of exposure is via inhalation. Asbestos fibers are inhaled and then end up in small air passages, eventually reaching the lining of the lungs. The malignant cells grow in the mesothelium, a protective lining that covers the lungs, along with most of the body’s other internal organs. Asbestos particles can also be ingested. If swallowed, the fibers are implanted in the peritoneum, the lining of the abdominal cavity where they cause peritoneal mesothelioma. A third and even less common site of the cancer may be the pericardium, a sac that surrounds the heart.Although mesothelioma is not contagious, it is worth noting that people can carry the asbestos particles onto their clothing, thus becoming de facto carriers of the carcinogen. Many a loved one has become infected by washing the clothes of a family member who worked with asbestos, or by using asbestos cement products in home renovation.
  • Legal IssuesThe first lawsuits against asbestos manufacturers were in 1929. Since then, many lawsuits have been filed against asbestos manufacturers and employers, for neglecting to implement safety measures after the links between asbestos, asbestosis, and mesothelioma became known. The vast majority of people afflicted with malignant mesothelioma have contracted the disease while working on their job sites, even though simple measures could have been taken to prevent this. The American Cancer Society estimates this number at approximately 8 million people in the United States.The liability resulting from lawsuits brought by the families of the men and women who have suffered this terrible disease has reached billions of dollars.
  • Your RightsIf you believe you’ve been injured due to asbestos exposure, you may be entitled to damages. To determine your rights, you should contact a personal injury attorney specializing in asbestos related cases. You can search the LawGuru Attorney Directory for a personal injury lawyer in your area at http://www.lawguru.com/cgi/bbs/user/browseAtty.cgi. Or, if you have additional questions about mesothelioma and your situation, you can ask a free question of the LawGuru Attorney Network in our Knowledge Base at http://www.lawguru.com/cgi/bbs/user/submit.cgi.

    • Posted in Personal Injury | No Comments »

    Documenting Your Client’s Personal Injury Insurance Claim

    November 12th, 2004 by Daniel G. Baldyga

    YOUR CLIENTS PERSONAL INJURY INSURANCE CLAIM

    ~ DOCUMENTING THEIR DISABILITY ~

    PLUS SOME INSIGHTS INTO MEDICAL REIMBURSEMENTS
    By: Dan Baldyga

    The best judge of Total Disability and/or Partial Disability is “Ole” Doc Comfort your clients attending physician. The Medical Report he executes for the insurance company you’re battling with, Rock Solid Insurance Corporation, should always contain his comments regarding the nature of their disability. His diagnosis will be crucial to I. M. Smart, the adjuster assigned to handle the claim, because it will detail the duration of their “Pain and Suffering“. In addition it will also prove the time they lost from work as being legitimate.

    When settlement time arrives, Smart will form a healthy portion of his evaluation based on the documented proof of the length of time of each of the following two elements: “Total” and “Partial” disability - - the both of which will indicate how much they restricted their inability to work and also their social activities.

    YOU MUST CONSIDER ALL THE POSSIBLE OPTIONS FOR MEDICAL REIMBURSEMENTS: Be aware you may be able to collect from their own motor vehicle insurance carrier (via “Medical Payments” coverage) plus you may also be able to collect from your clients health insurance policy or plan.

    Yes, Rock Solid Insurance, in a clear case of liability (and as part of its settlement) will pay your clients medical bills. BUT HOW ABOUT THEIR OWN MOTOR VEHICLE POLICY’S MEDICAL PAYMENTS COVERAGE? You must ask your client to read their motor vehicle accident policy carefully. It may provide them with coverage up to certain limits (one or two thousand dollars - - some are often a lot higher) for all the medical bills they had as a result of the accident - - regardless of who was at fault!

    “Med Pay” is a separate part of their policy, which they pay extra for, but it’s definitely worth it. Since they’re shelling out money for this extra coverage they should consider taking advantage of what it offers.

    The following people are usually covered under the Med-Pay provisions: Your client or any relative who lives with them (when driving or riding in the vehicle) plus anybody else who is driving with their permission (and also their invited “guests”) who happen to be riding along with them in the car.

    It may state in their policy that their insurance company has a right to recover the amount of the Medical Payments made to them should they (later-on-down-that-often-very-loooong-rocky-road) get paid for their loss by Rock Solid. But, even if they don’t, they’ll still be paid for their medical bills under the Medical Payments (Med-Pay) Coverage of their motor vehicle insurance policy without having to pay their insurance company back.

    It’s usually a practical move, to elect to file a claim with their own auto insurance company (under the Med-Pay Coverage) so your client will be confident all their medical bills are paid in time.

    ***** ***** ***** *****

    THEIR OWN HEALTH INSURANCE POLICY/PLAN: There’s another possible medical bill coverage for the accident - - and that’s their Health Insurance policy or whatever Health Plan they may have. If the Med-Pay provisions of their motor vehicle policy state that they must be paid back, should you collect from Rock Solid, you may find it more advantageous to file a claim under their Health Insurance policy or some other Health Plan.

    HOWEVER: You or they should check the wording in those policies very closely because they may NOT require you to pay them back for the medical payments they’ve made to your client- - even if you collect for their loss from The Rock Solid Insurance Corporation !

    There’s nothing wrong or immoral about collecting money from more than one source for the same medical bills. Tell your client to think of it like a Life Insurance Policy. If an individual is paying premiums for three $10.000 Life Insurance Policies and they pass away, is the love-of-their-life (as the named beneficiary) entitled to $10,000 or $30,000? Indeed, because the premiums were paid on all three, that individual is entitled to a payment of $10,000 times three, or $30,000.

    BY THE WAY: If Adjuster Smart happens to ask you if your client may have any such options, don’t tell him. Whatever other insurance coverage’s they have is their own business! It has absolutely nothing to do with the value of their claim, how much money they should be paid for their “Pain and Suffering”, nor (ever) - - any other portion of their loss.

    NEVER FORGET: Your client has already paid for these types of coverage and they’re entitled to be paid under all their options for reimbursements - - even if that means they’re paid by multiple sources for the same bills !

    ***** ***** ***** *****

    DISCLAIMER: The only purpose of this article “YOUR CLIENTS PERSONAL INJURY INSURANCE CLAIM ~ DOCUMENTING THEIR DISABILITY ~ PLUS SOME INSIGHTS INTO MEDICAL REIMBURSEMENTS” is intended for information only. Neither Dan Baldyga nor LAWGURU.COM make any guarantee of any kind whatsoever; NOR to they purport to engage in rendering ay professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Wherever such professional help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain said services.

    Dan Baldyga’s third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com. This book explains, in simple language, “How To” handle a motor vehicle accident claim so they won’t be taken advantage of. It also contains BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA will explain how to determine the value of the “Pain and Suffering” you endured - - because of your motor vehicle accident injury!

    Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved
    Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation. From 1951 thru 1955 he worked his way through college employed by a Springfield, Massachusetts detective agency, where his assignments included insurance fraud, missing persons, financial and background investigations and undercover operations. He specialized in representing major New England insurance companies, for whom he collected evidence in the inquiry of automobile accidents.

    Upon graduation from American International College in 1955, where he had a scholarship and played varsity football quarterback for 4 years, Baldyga was drafted into the United States Navy where he was assigned to a “Special Unit” in Criminal Investigations. His primary duty was to travel throughout the Midwest, determining negligence and bringing to a conclusion those accident cases involving government motor vehicles. After a year he was transferred to the Orient where he worked on serious and highly complicated criminal cases.

    In 1958 after serving in the Navy, he entered the world of insurance claims, where he began as an Adjuster, was promoted to Supervisor, and then to Claims Manager for 35 years. He then spent another five years of his career assisting company attorneys at court trials.

    In 1968, Baldyga wrote the ground-breaking HOW TO SETTLE YOUR OWN INSURANCE CLAIM, published by Macmillan. This revolutionary concept created a heated debate within both the insurance and legal industries — because it revealed, the deep secrets surrounding the settlement of motor vehicle accident claims. This had never been done before!

    Baldyga appeared on over 100 regional and national television and radio talk shows throughout the United States including the Mike Douglas Show where he made the observation, “Insurance is an ultra-conservative industry that breeds unimaginative, narrow minded men”. It took a wealth of twisting and turning to dodge the bullets fired at him from both the insurance industry and his Home Office. His innovative book sold over 200,000 copies.

    His later publications also include the 1983 novel A SAILOR REMEMBERS and his second “How To” insurance claim book, SECRETS NEVER TOLD was released in 1998. Over the past decade his insurance claim articles have been published in dozens of national magazines, newsletters and e-zines reaching millions of readers.

    Upon his retirement, Baldyga decided that it was time to publish the definitive guide concerning motor vehicle accident personal injury claims.

    After examining mountains of statistics and confidential reports, he has created BASE (The Baldyga Auto Accident Settlement Evaluation Formula). Experts have called this personal injury evaluation method “Amazing” and “Revolutionary.” THE BASE FORMULA is ingenious, yet matter-of-fact, simple, yet accurate, and eliminates the mystery of how to place a monetary value on “Pain and Suffering” !

    His new book, which goes into specific detail regarding The BASE Formula, AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at either of his 2 his web sites: http://www.caraccidentclaims.com OR http://www.autoaccidentclaims.com

    Once again Dan Baldyga has broken new ground in the normally dormant, unchanging landscape of motor vehicle accident insurance claims!

    Posted in Miscellaneous Legal Topics, Personal Injury | No Comments »