fighting big pharma drug injury cases

Fighting Big Pharma: Drug Injury Cases

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Too often do new medications get found out for being incredibly dangerous, and it’s usually a little too late. Drug companies continue to leave consumers uninformed about potentially fatal side effects, simply because it would “hurt the brand.”Unfortunately, even after thousands of patients file lawsuits against these big pharma companies, for the injuries and medical complications they suffered from taking the drugs they manufacture, medications still remain on the market.

Drug manufacturers pay off lawsuits with ease because of the billions of dollars they rake in from unknowing victims. They overprice their drugs so that they can earn an abundance of profit, regardless of how broke people become overpaying for medication, some of which people need to live.

This is a sad but true part of our society today,and the ignorance is killing millions of people. Hopefully, some action is taken against big pharma soon. Johnson & Johnson is one of the companies that was involved in lawsuits over drug injury cases. These cases were over the medication Invokana and talcum powder made by Johnson & Johnson.

Invokana Lawsuit

Invokana is an oral medication for adult-onset diabetes. Taking this medication comes with tons of possible side effects, some less common than others. The so-called “rare” side effects of Invokana have occurred in a great deal of people, resulting in more than 1,100 lawsuits filed against the manufacturer, Johnson & Johnson.

Below is just a short list out of the very extensive number of side effects. To see the complete list of side effects, click here.

Invokana Side Effects:

  • Bladder pain
  • Painful urination
  • Discharge with strong odor from the genitals (in men and women)
  • Pain during sexual intercourse
  • Loss of appetite
  • Side pain
  • Troubled breathing
  • Blurred vision
  • Confusion
  • Depression
  • Nightmares
  • Seizures
  • Loss of consciousness
  • Increased sensitivity of the skin to sunlight

Even more symptoms can occur when taking Invokana at the same time as Metformin. Patients commonly take these simultaneously since Metformin helps with high blood pressure in people who have type 2 diabetes. However, doing so can cause Fournier’s gangrene, diabetic ketoacidosis, kidney failure, or a doubled risk for lower-limb amputation.

Metformin alone has side effects like nausea, vomiting, upset stomach, diarrhea, and weakness; when combined with Invokana, it becomes much more lethal. Johnson & Johnson did not warn patients of these severe side effects, which is the main reason for the lawsuits against them.

Diabetic Ketoacidosis

This condition is caused by Metformin and Invokana’s effects on insulin in the body. During Diabetic Ketoacidosis, the body produces high levels of blood acids called ketones.It also starts to burn fat extremely quickly. It may not sound serious, but it is actually very fatal. Diabetic Ketoacidosis is caused by the body’s inability to produce enough insulin.

Indications of Diabetic Ketoacidosis:

  • Excessive thirst
  • Frequent urination
  • Shortness of breath
  • Vomiting
  • Fatigue
  • Confusion
  • Food intolerance
  • Very high blood sugar

Lower-Limb Amputations

People with type 2 diabetes are already at risk for poor circulation and nerve damage in feet, which sometimes leads to a necessary amputation. This risk factor is doubled when taking Invokana. Many patients found that their symptoms associated with diabetes became much worse after taking Invokana, and nerve damage in their feet progressed much faster than before they were on it.

They were not aware of this issue when they started the medication because no warning had been released yet by the FDA.

Once the risks became clear, the FDA made a requirement for a black box warning on the packaging for Invokana that shows the severe side effects but did not take it off the market. Most people would agree when I say they should have, especially because of how fatal it can be.

Patients took Invokanaand Metformin because they were told it would help them when, in reality, it took their life.

Johnson & Johnson Lawsuit

The company Johnson & Johnson was involved in lawsuits other than the ones concerning Invokana. It was discovered that some of their body powders and shower-to-shower products contained asbestos. You might have heard of the cancer-causing agents that are in asbestos because of the ceiling tiles in old houses that contain it. Talcum powder contains it as well.

Asbestos in talcum powder can cause lung cancer if you breathe it in, or ovarian cancer in women who have previously used it on their genitals on a regular basis. This problem includes a cancer risk for children since talcum powder is an ingredient in Johnson & Johnson’s body powder.

The company, Johnson & Johnson was aware of the cancer-causing ingredients in their products from the beginning but did nothing about it and most certainly didn’t tell consumers.

During one of the Johnson & Johnson lawsuits in St. Louis, Missouri in July of 2018, the jury found the company liable for more than $4.69 billion in compensatory and punitive damages on behalf of 22 plaintiffs. Other lawsuits against them came from multiple different states and even from federal courts. Some of the settlements and verdicts are still being determined today.

Should You File a Lawsuit?

If you had a lower-limb amputation or developed Fournier’s gangrene as a result of Invokana, or if you were diagnosed with cancer after using products made by Johnson & Johnson, consider consulting a lawyer for compensation. They will be able to evaluate your situation and determine whether or not a lawsuit would be possible.

Drug companies have plenty of funds for skilled lawyers, so you need to make sure you have a chance going up against them. If you succeed, you could possibly get compensation for medical bills, lost income, pain and suffering, and punitive damages.

There are tons of lawyers to choose from for either of these lawsuits. Try finding one in your area, for convenience.

internet law is there such a thing

Internet Law – Is There Such a Thing?

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Who regulates the internet and is there really such a thing as “Internet Law”? These are perhaps two of the most important questions of our time, considering the fact that we live in the digital age where almost all our lives are online.

What Is Internet Law?

As the term would suggest, internet law refers to the legal principles and legislation that govern the use of the internet. Internet law is also commonly referred to as cyber law. Unlike most other areas of the law, however, internet law can’t simply be identified as a single field of practice. This is mostly because of the fact that the internet is so vast and pervades international boundaries and borderlines.

As such, what is referred to as internet law or cyber law in many countries tends to incorporate as well as apply principles borrowed from several legislative fields such as “Privacy Laws” and “Contract Laws” all of which pre-date the internet.

Internet law, therefore, could include a wide number of areas ranging from:

  • Online privacy laws
  • Laws governing cryptocurrency
  • Laws governing various Internet Service Providers
  • Copyright laws
  • Laws governing the creation and use of websites
  • Laws governing the use of social media platforms

Due to the fact that the internet is constantly growing and evolving; as well as the fact that it encompasses the entire globe, the laws surrounding its governance and use cannot simply be informed from a singular common law or precedent. Judges adjudicating any internet related dispute must often rely on a host of other related laws to resolve the cases brought before them.

What About the Internet Privacy Act?

The “Internet Privacy Act” is just as complicated and as ever-evolving as general internet privacy rules or internet laws. The internet privacy act is broad legislation that seeks to help protect privacy and provide security for the personal data of every internet user. The act seeks to regulate the factors, techniques and technologies used in protecting private and sensitive communications and data between users.

Because e-commerce is the way of the future, this act seeks to help regulate the sharing of personal data such as credit card numbers, home addresses, phone numbers and emails by both private citizens and big corporations who need this data to conduct business. The Internet Privacy Act varies from country to country, but the gist of it all is that big corporations must do everything in their power to protect your data from would-be identity thieves. The act allows you to sue any corporation in breach of this responsibility if you can prove it!

What Areas Do the Laws of the Internet Govern?

As already mentioned, the laws of the internet or cyber law cover a wide area and serve a variety of purposes. There are some internet laws such as employee personal information protection laws that are enacted to protect people from falling prey to unscrupulous companies that would gather their personal information and share them with marketing firms or identity thieves. Others still, create rules on how people can use the internet and how they relate to one another while on the service.

There are some major areas that are more commonly used and wide spread across the globe. These cyber law areas include:

Fraud

Thanks to huge e-commerce companies such as Amazon and eBay, more and more people are doing their shopping and banking online. These consumers rely on cyber laws to protect them from identity thieves or from suffering unfortunate mishaps such as credit card theft and other financially-related crimes.

Identity thieves are liable to facing state or even federal criminal charges just as major e-commerce companies can face civil action lawsuits brought against them by victims of identity theft if the breach was on the side of the company in question. There are cyber lawyers who work to represent such matters and individuals just as there are cyber lawyers who work to defend companies running their businesses online.

Defamation

The internet has given millions of people a voice where there was none. While this is a good thing, it can also be a bad thing as some people use this platform to spread lies about others for whatever reason. When someone publically makes statements about another person’s character or behavior online, those statements can cross over to defamation.

Defamation laws carry over to the internet to protect people from such statements. Whenever someone makes a false statement about you online and that statement hurts your business or your personal reputation, you can sue that person for defamation.

Copyright

Just because something is online does not mean that you can claim it and profit from it as your own creative work. The internet made it extremely easy for people to profit from the work of others without necessarily giving credit to the originator. Copyright laws exist to protect creatives from people who would readily use and profit from their works illegally.

Harassment and Stalking

Cyberbullying has taken harassment and stalking tendencies into the digital world. Whenever a person harasses you online by making threatening statements repeatedly, those statements could be in breach of both civil and criminal laws pertaining to harassment and stalking.

As such, you can sue that person. Data on the internet is indelible, so you can use this electronic data as evidence to prove that someone violated a restraining order or committed an act of harassment or stalking online.

Other related laws include:

  • Freedom of speech
  • Contract and employment laws
  • Trade secret laws

All of these laws can, in one way or another, fall under internet laws. Lawyers and judges have to use their knowledge of everyday laws and translate that into the digital world and see where each sector applies. That is why internet laws cannot be defined on a singular premise.

lawyers who specialize in helping veterans

Lawyers Who Specialize in Helping Veterans

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After a while, fighting in the military can take a toll on your mental health. Some soldiers decide to stay in the military for as long as they are allowed, while others get a few years under their belt and then they are finished. Either path is respectable.However, the type of discharge you receive can have an enormous impact on your life after returning home.

Certain types of discharge will come as a burden and will give you more negative feelings about serving, rather than the proud feelings you should be having. Some veterans miss out on important job opportunities because of a dishonorable discharge.

For example, if you received an honorable discharge from the military, you will have access to all of the veterans benefits available, such as education and health benefits. But if you received a discharge status that falls under the dishonorable or “other than honorable” categories, then you won’t be able to use these benefits. It’ll seem like you never served in the military, and life will be hard. This is partially why so many vets are homeless.

Types of military discharge:

  • Honorable discharge
  • General discharge under honorable conditions
  • Other Than Honorable discharge (OTH)
  • Bad conduct discharge
  • Dishonorable discharge
  • Entry-level separation
  • Medical separation
  • Separation for convenience of the government

Military Discharge Upgrade

Under certain circumstances, you apply for a military discharge upgrade. To qualify for a military discharge upgrade, you must be able to show that your discharge was connected to one of the following:

  • Mental health condition, like PTSD
  • Traumatic brain injury (TBI)
  • Sexual assault or harassment during military service
  • Sexual orientation

To upgrade your military discharge, you will need a veterans lawyer to represent you. They will provide you with all of the information you need for an upgrade and help assemble your case. Some military discharge upgrades require you to present a case to a military review board, like if you received an OTH discharge (Other Than Honorable) for a positive urinalysis test or if you found an error on your discharge report. Your case needs to convince this review board to upgrade your discharge status.

Your lawyer should build this case for you and will assemble a memorandum that is presented to the board for consideration. Marks on your military record will play a big part in their verdict, and any prior misconduct will most likely make you unable to upgrade your military discharge.

For a step-by-step guide to your military discharge upgrade, take this questionnaire made by the US Department of Veterans Affairs. Click here to get started.

Free Lawyers for Veterans

The VA can help you with free legal assistance. Click here to see a list of VA legal service clinics in your area.

The ABA (American Bar Association) also has a Veterans Legal Services Initiative that can help you find pro bono legal resources. They can also help provide your family with legal support. Click here to see how they can help.

What to Look for in a Veterans Lawyer

No matter what type of veterans lawyer you’re looking for, they need to have:

  • VA-accreditation
  • Several years of experience representing veterans
  • Recently attended veterans law training (within the past year)

Otherwise, you will have littleto no success in attempting to upgrade your discharge status.

NOVA ( the National Organization of Veterans Advocates) has an online directory of attorneys that are accredited by the VA. This should make finding one easy and straightforward. Veterans lawyers aren’t even added the NOVA directory until they have been a member of NOVA for at least a year.

Click here to view the NOVA directory.

How Much Will a Veterans Lawyer Cost You?

The fees charged by a veterans lawyer will be different with each lawyer since attorneys are permitted to set their own fees for discharge upgrades. They can also charge you money before they start working on your case.

Success With Military Discharge Upgrade

Some military discharge upgrade cases go really well, some do not, and others just take time and effort.

The Hartford Courant did an article on a veteran named Stephen Kennedy, from Connecticut. He won an eight-year legal battle over his military discharge and successfully upgraded it to honorable. Before his case ended, he didn’t have access to veterans education benefits but is now able to take advantage of those resources.

After leaving the army, he graduated from the University of Massachusetts, but he lost an estimated amount of $90,000 in education grants because of his less than honorable discharge. After winning his case, he can now try to obtain compensation for these grants under the federal GI bill.This shows you how much your life can improve from a discharge upgrade.

Other Types of Veterans Lawyers

Veterans lawyers can help with more than just discharge upgrades. They can also aid you in obtaining benefits for disabilities that you received while serving in the military as well as help you reduce or eliminate criminal charges.

Veterans Disability Lawyer

If you are having trouble receiving VA disability benefits after filing a claim, a veterans disability lawyer can help you change or get a better result from the VA. It’s not always necessary to hire a lawyer for this process; they’re usually only needed if you were denied for disability or if you’re not pleased with the VA’s response to your claim.

Remember: your veterans disability lawyer is not allowed to ask you for payment for helping you file the initial disability claim; they can only request money for further casework.

Click here to learn how to file a VA disability claim or to track the current status of the one you have already submitted.

Use the NOVA directory link above to find a veterans disability lawyer near you.

Criminal Lawyers for Veterans

Some military criminal cases can be fought if you have a mental illness or if you were wrongfully accused of a crime. Use the NOVA directory to find a VA-accredited lawyer to help you build a defense or to make a plea agreement.

social media cell phones and the law

Social Media, Cell Phones and the Law

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Social media and cell phones are useful tools for social and business connections, communication,education, brand exposure, and advertisement. It’s very difficult to be successful in this world without using them at some point. There’s nothing wrong with taking full advantage of their capabilities and using them to your benefit. However, it’s important to learn and follow the laws that apply to social media and cell phones since they have a direct impact on you and so that you will be aware if someone is trying to take advantage of you or illegally invade your privacy.

The government imposed restrictions on how much of your personal data they can access. You also don’t want to break a law you weren’t aware of unintentionally. This is why it’s crucial to stay informed on recent laws on social media and cell phones. Always cooperate when law enforcement needs to access your data on either one.

Social Media

social media

Almost everything in society today either relies on or has some correlation with social media. The biggest talked about issue with social media is a violation of privacy. Consumer have great concerns about the amount of personal information and data that companies and government agencies possess; especially after the information released by Edward Snowden about the CIA’s spying capabilities.

There’s a lot of debate as to what the definition of a privacy violation on social media is, and you may have seen the series of questions that Congress asked Mark Zuckerberg (the founder of Facebook) about how much personal data Facebook collects from its users. To most people, this is, toan extent, a privacy issue. But to others, it’s necessary to make their social media experience more personalized.

Advertisement agencies use internet cookies and third-party providers to collect a basic gathering of your preferences and dislikes, for more successful advertising and marketing. This process is unavoidable, but it can be regulated to an extent. The laws become very tricky because there’s not always a clear idea of how much search data they collect from you on a day-to-day basis.

Social Media Privacy Laws

Privacy laws on social media usually depend on the state you’re in. Click here to view the social media privacy laws by state. Some states have social media laws that apply to employers; other states’ laws apply to educational institutions or even landlords. These laws continue to change and improve as social media has an increasing impact on them. Because of social media’s influence, the laws have had to change dramatically to accommodate for it.

New laws governing internet privacy laws are being enacted all the time. In 2012, legislation was put into place that prevents employers from requesting passwords to personal Internet accounts to get or keep a job. Other social media privacy bills are being created all the time but rarely go through to become a law.

Law Enforcement

Law enforcement everywhere is becoming increasingly aware of how they can use social media to solve crimes, find missing people, and to catch runaway fugitives. Resource officers in schools use it to intervene in underage drinking and drug operations that happen on campus. It has been aneffective way to keep young adults and teenagers away from things that could ruin their life forever.

Kids may not be old enough to be formally charged with substance and paraphernalia possession, but they can be disciplined accordingly and taught a lesson on why they shouldn’t become involved with such things.

The IACP (International Association of Chiefs of Police) created a Center for Social Media for the purpose of building the capacity of law enforcement to use social media to prevent and solve crimes.

How Law Enforcement Uses Cell Phone Records

Cell phones, just like social media, can be used for solving and preventing crimes. In some instances, the police or federal government agencies request a subpoena for obtaining someone’s personal cell phone records and data, whether it’s to intervene in that person’s crime or to catch someone who committed a crime against them.

Probable cause is an absolute requirement for the granting of a subpoena or warrant. This is because the fourth amendment protects your “personal space” from government intrusion, including on your cell phone. There is an exception in the event of a crime or other legal justification. Sometimes the need for a warrant isn’t necessary by going through a third-party source, but this isn’t standard procedure and can only be under certain circumstances.

Upon cell phone warrant or subpoena approval, an officer is allowed to recover data and history from your phone, aka your cell phone records. Cell phone records show your complete cell phone history, which consists of all recent connections and contacts – phone calls, texts, and pictures. If they have your physical phone in hand and have a search warrant, they can also view your most recent search history on your internet browser.

Cell Phone Tracking

Cell phone records aren’t the only useful resource for law enforcement during investigations. Sometimes in hasty situations, they might need to track a cell phone number. This is a much faster process than warrant application and approval, especially since almost a third of US states have no laws against cell phone tracking.

Cell Phone Laws by State

The requirements to obtain a warrant for a cell phone search or location tracking vary by state. Not all states require a warrant to track a cell phone number, Texas, for example, does not. Click here to view the cell phone laws by state.

You will see that some states are a lot stricter on their regulations compared to the other states. In most locations, the cell phone tracking process in inherently easy for police officers. As long as you’re not breaking the law, this should not have a negative impact on you. If it does, you can take it to a lawyer to get their opinion on the possibility of police harassment or stalking.

what does an immigration lawyer do

What Does an Immigration Lawyer Do?

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People have moved to the United States for several reasons, including to join their families, to seek safety and refuge from war, natural disasters, violence, and to work. When they do make the move, there are several forms that they will run into to stay, work, or live in the United States.

Immigration Lawyers

Compared to other lawyers, the role of immigration lawyers is unique. Many immigration lawyers spend their hours helping persons who are having trouble dealing with the requirements of immigration.

Immigration lawyers are typically considered a counselor or advisor to foreign citizens, immigrants, and illegal aliens who must interact with the US immigration authorities. Immigration lawyers provide guidance and advice on matters such as deportation issues, green cards, naturalization and citizenship, and employment for those who are not citizens.

Immigration lawyers don’t spend a lot of their time handling civil disputes in court. Instead, they work as mediators between immigration authorities and clients such as the United States Citizenship and Immigration Services (USCIS).

Immigration lawyers, unlike other lawyers, don’t find themselves standing before immigration judges. They only do so if a client has to go before the immigration court for a hearing. Several immigration lawyers also deal with matters involving the interaction between criminal and immigration laws.

With all of the immigration reform going on, it’s important to discuss your options with an immigration lawyer so that you know what forms and visas you need to file out to work or live in the United States. They can also help you check on your immigration status during the entire process.

There are several things that an immigration lawyer can do for you, including helping you with:

N-400 Form

Form N-400 – Application for Naturalization – is a government form that is used by green card holders who are ready to apply for citizenship after meeting eligibility requirements. Filling out this form is the first step to becoming an American citizen.

Only those who have satisfied eligibility requirements for naturalization can file form N-400. In general, you must have had a green card for five years (three if you’re married to a US citizen) and at least 18 years old – unless you’re applying based on qualifying military service.

i765 and H1B Visa

The Form i765 is a request for an Employment Authorization Document, more commonly known as a work permit. You will need to fill this form out if you’ll be in the United States temporarily and need a job.

This is not the same thing as a green card! A green card is evidence of your status as a Lawful Permanent Resident. You can get an Employment Authorization Document while you’re waiting for your green card, but it only permits you to work short-term or seasonal jobs.

An H1B visa is an employment-based, non-immigrant visa for temporary workers. To be eligible for this visa, you must have had an employer offer you a job in the US, and then you can apply for your H1B visa with the US Immigration Department.

The H1B visa is valid for three years and can be extended up to six years. There are several H1B visa requirements you must meet before you are eligible for one:

  1. You must have a bachelor’s degree or master’s degree (or the foreign equivalent).This can be bypassed with at least 12 years of specialized work experience
  2. The degree requirement for the job is typical of the job.For instance, an M.D. for a surgeon
  3. The work must be one that requires a professional in a specialty occupation
  4. You must possess deep knowledge in the required field
  5. The employer must demonstrate the lack of qualified US applicants for the position

Green Card Renewal

US green cards are identity cards that are given to lawful permanent residents. Those who have green cards are allowed to emigrate to the United States and stay there as long as they like – it’s a basic requirement for moving to the United States.

In the past, green cards didn’t need to be renewed, but with new immigration reform laws, they now do. To renew your green card, you should submit a renewal application within six months leading up to your green card expiration; this gives the USCIS time to process your application.

To renew your green card, you must submit the form I-90. An immigration lawyer can help you fill out this form.

Student Visa

A student visa is an endorsement that is added to a passport that governments issue to a student who is enrolled at qualified educational institutions. Student visas don’t require the holder to obtain citizenship and are available to prospective students who are seeking higher education in another country. They last as long as you’re in school, typically four years, after that you need to apply for citizenship or leave the United States.

Asylum

The asylum definition is “the protection granted by a nation to someone who has left their native country as a political refugee.” Every year people come to the US seeking asylum for fear of persecution based on race, religion, nationality, and political opinion.

When found eligible for asylum, you may be allowed to stay in the United States. To apply for asylum, form I-589 must be filed within one year of arrival to the United States. This form is also known as the Application for Asylum and Withholding Removal and there is no fee to do this.

As you can see, there are many things that immigration lawyers can help you with – especially when it comes down to all of the forms that you might encounter. No matter your problem, if you reach out to an immigration lawyer, they’ll be able to help you figure out how to resolve the issue.

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what is bankruptcy

What Is Bankruptcy?

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Bankruptcy is a legal term for when a business or person is unable to repay their outstanding debts. The goal behind this is to give people a second chance and to help them start fresh.

Bankruptcy is typically seen as a “last solution” that is normally associated with failing businesses that are forced to shut down. It has, however, has become more common because of the need to increase debt to survive.

There are three different types of Bankruptcy:

Chapter 7 Bankruptcy

In exchange for clearing qualifying debt, you must agree to take and liquidate some of your property to pay back the outstanding debt. However, there are pieces of exempt property that are protected under state law.

This type of bankruptcy will give you a brand-new start because you’ll get many debts – including, medical bills, personal loans, and credit card balances – wiped clean without having to repay anything. However, it won’t get rid of all of your debt. Some debts remain after your file for bankruptcy until you pay them off. Some examples include child support, income taxes, and student loan debt.

Chapter 11 Bankruptcy

Chapter 11, bankruptcy is primarily known as an option for businesses. With Chapter 11, businesses can restructure their debts and potentially save themselves from having to go out of business – this happened during the Sears bankruptcy. When a business files for Chapter 11, they will still have the same responsibilities of operating a business but will also have to work with a trustee to plan for the reorganization of their debts.

Most businesses will shy away from Chapter 11 bankruptcy because it’s risky, expensive, complex, and time-consuming.

Chapter 13 Bankruptcy

This type of bankruptcy reorganizes debt for individuals. Although you get to keep your property, you have to pay back creditors the value of any nonexempt assets as part of a three- to five-year Chapter 13 bankruptcy payment plan as well as any additional discretionary income.

To be eligible for this type of bankruptcy, you need to have a reliable source of income to repay a portion of your debt.

How Much Does It Cost to File Bankruptcy?

Bankruptcy is not a cheap option, and you probably won’t find any assistance when it comes to paying off it off.

Each type of bankruptcy comes with a different filing fee – for instance, $335 for Chapter 7. Then you’ll also have your credit counseling fee, which can cost around $50 to start, and then you’ll have your overall legal fees which can cost thousands of dollars. You will then also have to pay for your debtor education course; this can range from $50 to $100.

With all of this in mind, bankruptcy can range from a few hundred dollars to a few thousand dollars depending on what you’re filing and if you use a bankruptcy lawyer or not.

Filing for Bankruptcy

The first thing that you need to do before filing for bankruptcy is to figure out if it’s the right thing for you to do. It’s a big undertaking, so you have to ask yourself, “Should I file for bankruptcy?”

There are several other questions that you can ask yourself to make sure that you’re making the right call, including: “How long will I have to repay my debts for? Am I seriously unable to make the payments? Am I able to gather all necessary documents and information? Does the existing debt outweigh the consequences?

Filers of bankruptcy will want to find a bankruptcy lawyer. While you can file for certain types of bankruptcy without one, it’s likely that you’ll be financially vulnerable. So, finding someone who understands bankruptcy can help guide you through the various intricacies of filing.

What Happens When You File for Bankruptcy?

After filing for bankruptcy, you get put on an “automatic stay.” An automatic stay puts a block on your debt to prevent creditors from trying to collect on the debt. While the stay in place, they aren’t able to take money out of your bank account, take money out of your paychecks, or go after any of your secured assets.

You will also have to attenda couple of classes. You are required by the government to attend credit counseling 180 days before you file for bankruptcy, and then you’ll need to attend a debtor education class after if you want your debts to be discharged.

A couple of weeks after filling, you have to go to a “creditors meeting,” which is a U.S. bankruptcy court meeting where you, any creditors and your trustee get together to discuss the situation. During this meeting, you’ll be asked questions about your financial situation and decision to file bankruptcy.

Then your assets are liquidated if you’re filing Chapter 7, you get a repayment plan with Chapter 13, and the “Best Interests Test” for Chapter 11.

Your Credit After Bankruptcy

In general, your credit will plummet after bankruptcy, and the higher your score, the more it’ll fall. So, how long does bankruptcy stay on your credit report? It depends on which type of bankruptcy you’re filing. Chapter 7 and 11 stays on your credit score for ten years, and Chapter 13 can stay on it for seven.

To rebuild your credit after bankruptcy, you might want to consider credit cards. Opening credit cards after bankruptcy is a great way rebuild your credit score; this will give you a second chance to rebuild your credit and show that you’re able to take on credit after everything that has happened.

The best type of credit card to go with is a secured card. Remember that you will probably be denied credit cards until your bankruptcy has been cleared from your credit report – even for a secured card, however, there are some cases where you’ll be able to get a credit card before your bankruptcy is discharged.

Keep in mind that any credit cards that you get post-bankruptcy will be limited and will require high annual percentage rates and annual fees.

who is responsible when a medical device fails

Who’s Responsible When a Medical Device Fails?

Legal AssistantMass Torts, Personal Injury Law, Personal Injury Lawyers, Resources Leave a Comment

It’s always tragic when a loved one passes away or is seriously injured due to a faulty medical device. It’s especially angering when that person’s family finds out that it could’ve been prevented by the company who manufactures that medical device.

The FDA does its best to recall these medical devices, but that usually only occurs after several patients have already suffered injuries from it. It also can take many years to get a case built against one of these medical device manufacturing companies, and in that waiting period, more people get hurt. .

Three of the biggest medical device lawsuit cases that occurred were for IVC filters, a hernia mesh, and Essure birth control. In all three lawsuits, thousands of patients were paid compensation for medical bills, and for the pain their medical device caused them.

In the case of a medical device failing, it’s almost always at the fault of the company who makes the device itself. It is rarely because of a mistake made by the surgeon. Sometimes the device can even be fixed or put back into place after complications occur; othertimes, the patient’s pain is endless.

IVC Filter Lawsuits

An IVC filter is a medical device that is placed in the patient’s vena cava (the largest vein in the body) to prevent blood clots from entering their lungs. IVC filters are made by a couple ofdifferent companies and have worked for some patients, but the majority had complications after the filter broke or became dislodged.

The broken IVC then passed to other places in the patient’s body, and sometimes even entered into other vital organs, which caused even more complications. Some of the side effects of this were severe abdominal pain, heart attacks, leg pain, and hospitalization, along with many other common symptoms.

The malfunctions associated with IVC filters caused over 9,000 patients to file lawsuits, and that was just by 2018, the number has since increased. Before these IVC filter lawsuits, there was a long period of time that passed, during which the FDA released many cautionary statements as well as a final warning.

After that, it started to become apparent that patients were never adequately informed of the huge risk for malfunction and breakage of the device upon receiving it; and that’s when the lawsuits started.

These are just a few of the FDA statements that werereleased about IVC filters:

  1. The Greenfield vena cava filter produced by Boston Scientific is recalled (2005)
  2. Advisory letter recommending the removal of IVC filters from patients as soon as possible (2010)
  3. IVC filter manufactured by Cordis Corporation is recalled (2013)
  4. Warning letter to C. R. Bard, Inc. for failure to properly warn patients of IVC filter dangers

As you can see, these FDA statements plus several more were released over at least the last10 years. Most of the lawsuits didn’t occur or settle until just recently or in the last 2 years.

IVC Filter Lawsuit Settlement Amounts

The patients who sued IVC Filter makers such as C. R. Bard, Cook Medical, and Boston Scientific, received massive payouts for their pain suffered from the medical device failure.

Top settlement payouts:

  1. $3.6 million awarded to the plaintiff – March 2018, Arizona
  2. $1.2 million – May 2018, Texas
  3. $3 million – February 2019, Indiana

Hernia Mesh Complications and Recall

A Hernia Mesh is a surgical mesh insert that supports damaged tissue caused by a hernia. It’s a quick fix to the problem, but it’s been the cause of a lot of complications in patients. Shortly after receiving a Hernia Mesh, some patients were hospitalized and reported complaints of:

  1. Pain
  2. Infection
  3. Hernia reoccurrence
  4. Obstruction in the large or small intestine
  5. Fluid buildup
  6. Bleeding
  7. Abnormal connection between organs

The Hernia Mesh not only caused complications, but it was also discovered that the material used to make some of them are unsafe for humans, which is a serious problem since they are surgically placed inside peoples’ bodies.

The FDA ended up recalling most Hernia Mesh devices. Some recalls were as early as 2005. The most significant Hernia Mesh recalls were for the: Composix Kugel Mesh, Ethicon Proceed Surgical Mesh, C-QuR V-pack Mesh, Ethicon Physiomesh Flexible Composite Mesh, and Versatex Monofilament Mesh.

Hernia Mesh Lawsuit

Suffering patients took action and sued the companies who make these medical devices. They were quite successful; over 50,000 Hernia Mesh lawsuits were settled by device manufacturers, and they had to pay out close to $1.1 billion.

Essure Birth Control Lawsuit

Essure is a type of permanent birth control implant made by Bayer that can be used as an alternative to a tubal ligation. The implant is surgically placed in the woman’s fallopian tubes and over the first three months, a barrier made of scar tissue forms which will prevent egg fertilization.

Many women saw this type of birth control as a great choice since there are no hormones involves, which usually would cause mood swings and weight gain.

However, since its creation, the FDA has released information on serious complications that occurred in Essure patients.

These complications caused intense and sometimes irreversible side effects in some women and lawsuits were taken up against Bayer, who makes Essure. There have been more than 3,700 lawsuits filed in not just the US, but in Canada and Brazil as well. Brazil even suspended the device from its market completely.

Complications Caused by Essure Birth Control:

  1. Abdominal pain
  2. Perforation of the uterus or fallopian tubes
  3. Unintended pregnancy
  4. Allergic reaction
  5. Hair loss

Final Thoughts

When filing any kind of claim when a medical device fails, it is important to ensure that you include all the potential defendants in the claim. These defendants include the manufacturer of the medical device that failed, the testing laboratory, the medical sales representative, the doctor, the hospital or clinic, and even the retail supplier – anyone that could have had any part in the failed medical device.

how to find the best criminal defense attorney

How to Find the Best Criminal Defense Attorney

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Most people don’t have the name and number of a criminal defense attorney in their contact list – unless they are personal friends.

Most people don’t have to worry about getting arrested. In the rare event that you have been charged with a crime or arrested, you’ll need a criminal defense attorney to help you out. A good criminal defense attorney will explain your rights during the criminal process from start to finish. Having this knowledge can help make the difference between a dismissal, plea bargain, or a jail sentence.

Below you’ll find important information that you’ll need to know before hiring a criminal defense lawyer.

Why You Need a Criminal Defense Attorney

Being charged or arrested for a crime is a serious matter. If you are facing criminal charges, you are at the risk of severe penalties and consequences, such as having a criminal record and jail time, among other things. While some legal matters can be handled alone, having a qualified criminal defense lawyer can help protect your rights and secure the best possible outcome for your case.

If you’re facing criminal charges, a criminal defense attorney can help you understand:

  • The nature of the charges filed
  • Any available defenses
  • What plea bargains might be offered
  • What is expected after conviction or trial

Civil vs. Criminal Court Cases

The United States court system is divided into two different sectors: criminal and civil justice systems.

In the criminal court, it’s the government who is bringing the charges against a defendant. In a civil court, it’s a citizen bringing a case against another citizen. Criminal court cases and civil court cases have different burdens of proof, punishments, and laws that they must adhere to.

For instance, a person in a criminal court case has the possible punishment of going to prison, in a civil court case this punishment isn’t available.

There are some cases when civil court cases follow criminal court cases, such as police misconduct and wrongful death cases.

Picking the Best Criminal Defense Attorney

There are over one million active attorneys in the United States. So, how do you go about picking the best criminal defense attorney when there are so many to choose from? Below you’ll find a list of six tips to help you pick the best attorney for you.

Find the Best Criminal Defense Attorney for Your Needs

Choosing a lawyer isn’t always about picking the best criminal defense lawyer. While you want to find a good lawyer, you also need to find someone who is the best for you and your needs.

You want to find an attorney whom you can understand – someone that talks your language and takes time to explain your options. Try to look for a criminal defense attorney who will act as an advisor and whom you feel comfortable with.

It’s also important to find someone who has a good grasp on criminal defense law and how best to win cases.

Find an Attorney with the Right Experience

Not all criminal defense attorneys specialize in the same sector of the law. Some specialize in driving under the influence (DUI) and others who specialize in murder – so you need to find one who is educated in line with your needs.

For instance, if you are being tried for a violent crime, you don’t want to hire a DUI lawyer. This is because DUI lawyers are trained to deal with DUI cases, so they might not be able to do much for you in any other type of criminal case.

If you need a DUI lawyer, you want to find someone near you – think, “Where can I find the best DUI lawyer near me?” There are plenty of attorneys nearby who are always willing to take on your case and help you win.

Check Their Team

Criminal defense attorneys don’t prep cases by themselves; they have a team of people who help them out. Check to see whether they have an administrative team; or paralegals and other Houston criminal defense attorneys backing up your attorney.

This is incredibly important because what happens if your attorney gets sick. Will he have another person from his team to step in and take over? Will they be prepared for the job? Ask to meet the other team members and ask them about their skills and experience. You want a team that can handle anything that is thrown at them.

Check References

Find a great criminal defense lawyer, and you’ll find a reputation to match. When searching for a criminal lawyer, a great starting point is asking associates and friends for recommendations – then ask for references and talk with previous clients if you can.

Great lawyers have a reputation within their profession, so we recommend asking other lawyers to recommend criminal defense attorneys. You don’t need to ask a criminal lawyer for recommendations; anyone in the law field will be able to help you find a good criminal defense lawyer.

Find Someone Who Is Confident but Doesn’t Give Guarantees

You want a criminal attorney who is confident that they will be able to build the strongest case for you. An air of confidence if a desirable trait in a lawyer but be skeptical of any lawyer who tries to guarantee you a certain result.

The law isn’t predictable; even the best lawyer can’t predict the exact outcome of a case. Don’t hire a lawyer who promises to get you the best result.

Take Your Time and Choose Carefully

Facing criminal charges can feel daunting, but you can find a criminal defense attorney who can help you get through the charges. You might even be able to find the best help to get the best outcome of your case – they might even be able to get you an expunged record (your arrest and conviction records are sealed).

Getting the best criminal lawyer is going to take time, and it’s important to spend time and effort to research your options to select the right lawyer for you.

If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question. 

legal ramifications after a plant explosion

Legal Ramifications After a Plant Explosion

Legal AssistantPersonal Injury Law, Personal Injury Lawyers, Resources Leave a Comment

Plant explosions have great consequences, both for communities and workers. Texas is home to several plants and refineries that hold the potential to inflict property damage or serious injuries if chemicals aren’t handled diligently and safely.

A great example of this is the Chernobyl meltdown, the most infamous industrial accident in history, is still being studied 30 years after the accident. This was a nuclear power plant that was running under close supervision when one person made a mistake and caused an explosion that killed and injured thousands of people.

While not every plant explosion has nuclear implications, all plant explosions have serious health risks to workers.

Chemical Plant Explosions

Many things cancause a chemical plant explosion; however, human error is accountable for most explosions. Human error also counts for the most explosions that happen immediately, but it is also a big factor when it comes to long-term explosion causation.

Explosions happen because of multiple events; for instance, when inadequate training, low safety standards, and poor maintenance are mingled together, disasters can happen.

Chemical plant operators are obligated to ensure the safety policies in place meet Occupational Safety and Health Administration, or OSHA, standards and that every employee is adequately trained in all safety procedures. However, there are OSHA reports that show that chemical plant operators can fail to follow this protocol.

In March 2019, a Texas chemical plant had an explosion that burned for three days. It is said that the company responsible for the chemical plant explosion could be facing charges for violating its federal operating permit under the Clean Air Act for unlawful use of chemicals. This is just one example of what could happen if a chemical plant were to explode.

Fertilizer Plant Explosion

The Arkema chemical plant in Crosby, Texas is a great example of a fertilizer plant explosion. The reason that this explosion happened was because of Hurricane Harvey, which caused flooding in the plant that killed the electricity supply, back up generator, and, therefore, critical refrigeration.

Most of the products made in this plant, namely organic peroxides, are extremely flammable and burn if they aren’t stored at low temperatures – this is why, without cooling technology, the chemical reaction blast happened.

Because of this explosion, cops, and EMTs who were on site after the impact are still feeling the effects of the blast. They are experiencing headaches that won’t go away, fluid in their lungs, and decreased respiratory capacity.

All of this could have been avoided had the company agreed to make lists of their stored chemicals, informed emergency responders about the inherent risks of anything processed or stored on site, and to develop emergency plans.

Gas Plant Explosion

A gas explosion happens when there is a gas leak combined with an ignition source. There are a variety of explosive gases, including butane, propane, natural gas, and methane – all of these gases are used for heating purposes. This is similarto what happens during a pipeline explosion.

Over the years, thousands of people have been injured or killed in gas explosions. If you or someone you know sustained an injury from a gas explosion, there are legal ramifications that you can go through to get the compensation that you deserve.

These types of lawsuits are complex, but if you find the right lawyer who understands the gas and propane industry, you’ll be all set.

Refinery Explosion

Refinery explosions are among the most devastating accidents that occur. This is because of the chemicals involved in refining; they often have a very volatile nature – combined with complex processes prone to human error – mistakes can lead to tragic accidents.

The most famous refinery explosion in recent history, the Texas City Refinery Explosion in 2005, resulted in 15 deaths and over 170 injuries. The Texas City Refinery Explosion occurred because of a hydrocarbon vapor cloud was ignited and violently exploded, this all took place in a distillation tower that became over pressurized.

This could’ve been prevented had workers been more diligent in keeping the pressure in the distillation tower stable; it was a human error that caused serious damage. This is why regulations are in place, to prevent refinery explosions from happening because of common human error.

Oil Rig Explosion

Drilling for oil is dangerous; workers are exerting astronomical pressure on the earth’s foundation, using a ton of pressure and power to drill and extract the planet’s natural resources deep within the ground. It doesn’t matter if it’s happening on the Gulf or in the oilfields of West Texas, oil rig workers are among the most skilled and most at-risk workers in the nation.

Rig workers and oil companies take extreme precautions during all parts of the drilling process to avoid disaster. One mistake or one missed safety procedure can lead to a catastrophic blowout. Unfortunately, some oil rig companies decide to cut corners to save money and time. In doing so, they are putting the lives of their workers at risk.

Fires and explosions happen that happen on oil rigs are some of the most devasting types of offshore accidents to happen. The injuries workers sustain from oil rig explosions result in long-term consequences for their families and themselves.

Final Thoughts

There are many types of plant explosions (i.e., power plant explosion or refinery explosion) and all of them have the power of causing injury and death to workers and community members. No matter what type of explosion you’re dealing with, it’s in your best interests to talk to a lawyer who specializes in plant explosions to figure out the best course of action for you.

You could start by talking with a lawyer about your problem, for instance, if you were injured in an explosion or suffered long-term health impacts due to chemical exposure caused by an explosion, to find out if you have a case. Then they can help you figure out your next plan of action and get you the settlement that you deserve.

sex crimes and the catholic church

Sex Crimes and the Catholic Church

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Just recently, it has become more apparent just how serious the sex crimes and abuse cases against the Catholic church are. Since the public eye has turned onto priests in the Catholic church, multiple churches across the US and in many other countries have brought to light countless sexual abuse allegations and records against priests.

These sexual abuse allegations not only occurred by were set aside with no further action.A church in Texas even released a sickening amount of almost 300 names, some of which came from church records that are nearly eight decades old.

In any other setting, a sex crime would be taken much more seriously and would almost certainly put the accused on trial. This begs the question of where the “separation of church and state” stands. The church should not be allowed to hide the occurrence of situations like this; however, changes are already being made.

Changes Made by Pope Francis

Noone is completely sure why it has taken so long to take action against these offenses, but thankfully, due to pressure from the public,Pope Francis is doing something about it now. Just this year, the Pope put into effect the first law against sexual abuse in the Catholic church. This law requires the officials of all Roman Catholic churches to report cases of clergy sexual abuse to their superiors. It also places a limit on how long an investigation into a sexual abuse claim can go on. An investigation must come to a reasonable conclusion within 90 days of the initial accusation.

Previously, the Catholic churches had no procedure put into place for sex abuse crimes. Verbal accusations were simply set aside and went unnoticed in smaller Catholic churches.

USC Gynecologist Lawsuit

The Catholic church isn’t the only instance of a massive amount of sexual abuse claims becoming exposed in a short amount of time.

You may have heard of the USC gynecologist lawsuit that was all over the news for a while. If you don’t know much about it, here’s a little summary -Dr George Tyndall was a gynecologist at the University of Southern California who became the accused in a sexual abuse lawsuit that stated he had sexually abused or harassed at least 200 female students over years of work.

The biggest problem, in this case, was that the school hid years of student complaints about him and took no further action. If things were different, they could’ve prevented him from harming any more women and possibly put him in jail for the victims he already hurt up to that point. The USC president, C. L. Max Nikias, agreed to step down due to this concealment.

Both the Catholic church and USC hid sexual abuse claims from the public and from the law itself. This seems to be the case with most sexual abuse cases, but the norm is starting to change for the better.

Sex Abuse

Sex abuse crimes are a serious criminal offense and cause significant mental problems in the victim. It can cause anxiety, PTSD, flashbacks, depression, and in some cases, suicide. Unfortunately, sexual abuse happens all the time, usually in the least expected places.

You might think that the Catholic church would be the last place for sexual abuse to occur, but it’s probably the most common. People overlook other people or places that they consider safe in their mind when, in reality, anyone could be dangerous, especially if you don’t know them personally. Never put your child in the hands of someone you just met unless someone close to you can 100% vouch for them.

Definition of Sexual Abuse

According to the Merriam-Webster Dictionary of Law, “sexual abuse” is defined as:

  1. “The infliction of sexual contact upon a person by forcible compulsion”
  2. In the case of adolescents, it is: “the engaging in sexual contact with a person who is below a specified age or who is incapable of giving consent…”

Sexual Abuse Lawyers

If you think you’ve been the victim of sexual abuse, don’t be afraid to get legal help. There are many resources you can reach out to that will help you mentally recover from the experience and to press charges against the assailant. You might try setting up an appointment with a therapist as well as with a sexual abuse lawyer. Use the resource links at the bottom of this article to help you find the right people.

Never stay in contact with the person who sexually abused you. You should also consider getting a restraining order against them even if you were unable to get them incarcerated. A sexual abuse lawyer will also help with the restraining order process. It is usually easy and straightforward to get a restraining order since it simply prevents further contact between the accused and the accuser.

Statutes of Limitations on Sexual Abuse

The statutes of limitations on sexual abuse go by state. Click here to access a state law database for information on the statutes of limitations in your state. To use the database, you will have to select your state and the box marked “sex crimes: definitions and penalties”.

Connecticut’s statute of limitations on sexual abuse, for example, depends on three things:

  1. Particular crime charged
  2. Whether the victim was a minor
  3. If there was DNA evidence present

Helpful Resources for Victims of Sexual Abuse:

Taken from the Rape, Abuse & Incest National Network (RAINN)

Suicide Hotline

If you are a victim that is struggling with depression and/or suicidal thoughts due to sexual abuse or assault, don’t suppress your feelings, reach out for help.

Call the National Suicide Prevention Lifeline: 1-800-273-8255 to talk to someone because doing anything drastic.