Texas Lawyers Blog

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The Texas Lawyers Blog provides useful information on the law and Texas lawyers. For more information on this Blog or a legal topic, please feel free to submit an inquiry or send an e-mail message to blog@texaslawyers.com

Saturday, January 22, 2011

Passenger Van Rollover Lawsuits (Church, School & Tourist Vans) and NHTSA Passenger Van Safety Warnings

15-Passenger Van Rollover Crash Lawsuit Information, Defective Passenger Van Accident Lawsuit Information, Deadly Van Rollover Crash Lawsuit Informant, Defective Fifteen Passenger Van Lawsuit Information, Fatal Passenger Van Accident Lawsuit Information, and Fatal Van Rollover Lawsuit Information by Texas Deadly Van Rollover Lawyer Jason S. Coomer

Fatal passenger van rollover crashes have put the safety of 15-passenger vans in the news and have caused the National Highway Traffic Safety Administration (NHTSA) to issue new safety warnings to churches, charter companies, schools, tourist companies, and other users of passenger vans.  These deadly passenger van accidents include a recent New York fatal church van accident and a recent Georgia fatal church van accident.  The deadly van accidents involved 15-passenger vans that rolled over and resulted in 10 deaths.  Additionally, two fatal passenger van accidents in Canada have led to passenger van lawsuits in Canada and calls for 15-passenger vans to stop being used in schools to transport children.  In the United States the National Highway Traffic Safety Administration has urged users of 15-passenger vans to take specific steps to keep occupants safe including not using fifteen passenger vans to transport groups of school children to events on a regular basis.

Defective Van Rollover Crash Lawsuit Information, Defective Van Crash Automobile Lawsuit Information, Deadly Van Rollover Crash Lawsuit Informant, Defective Fifteen Passenger Van Lawsuit Information, Fatal Passenger Van Accident Lawsuit Information, and Fatal Van Rollover Lawsuit Information

Fifteen-passenger vans were originally designed to haul cargo, not human passengers and as such, 15-passenger vans lack basic safety features that are standard in other vehicles.  In fact, studies have show that fifteen-passenger vans are inheritantly unstable and unsafe thus fifteen-passenger vans are more likely to rollover during a crash, tire blow out, or negligent driving  These 15-passenger vans are also three times more likely to flip and roll when they are fully loaded.   Fifteen-passenger vans have been labeled "death traps on wheels" by the Safety Forum, a U.S. consumer watchdog agency. 

Some consider these 15 passenger vans to be rolling death traps and unsuitable for human transport as these vehicles were originally designed as cargo vans and have not been fitted with the standard safety features and emergency-handling characteristics of cars, minivans and school buses.  Federal law prohibits the use of 15 passenger vans for regular school related transport of high school age and younger students.  

Ford is the subject of 15-passenger van lawsuits in Canada arising out of multiple fatal crashes that have taken the lives of several people.  For more information Ford Van Lawsuits, please go to the following web page, Ford Rollover Crash Lawsuits and Defective Vehicle Lawsuits.  Chrysler is also the subject of a deadly 15-passenger van lawsuit in the United States.  For more information on Fatal Passenger Van Rollover Lawsuits, please go to the following web page, Passenger Van Rollover Lawsuits (Church, School & Tourist Vans).

Monday, January 17, 2011

Drug Safety Fraud Whistleblower Lawsuit Information by Drug Calibration Fraud Whistleblower and Drug Quality Assurance Whistleblower Lawyer Jason S. Coomer

Drug Safety Fraud Whistleblower Lawsuit Information, Adulterated Drug Whistleblower Lawsuit Information, Contaminated Drug Whistleblower Lawsuit Information, Drug Quality Assurance Whistleblower Lawsuit Information, and Drug Calibration Fraud Whistleblower Lawsuit Information by Drug Safety Fraud Whistleblower, Contaminated Drug Whistleblower, Adulterated Drug Whistleblower, Drug Calibration Fraud Whistleblower, and Pharmaceutical Quality Assurance Whistleblower Lawyer Jason S. Coomer

Drug Safety Fraud Whistleblower Lawsuits, Drug Calibration Fraud Whistleblower Lawsuits, and Contaminated Drug Whistleblower Lawsuits are becoming more common as Pharmaceutical Quality Assurance Managers, Drug Calibration Specialists, and other Drug Safety Whistleblowers are stepping forward to blow the whistle on adulterated drugs, contaminated drugs, and poorly calibrated drugs that threaten the health and lives of children, women, and men that are taking the drugs. 
Pharmaceutical Quality Assurance Fraud Whistleblower Lawsuits, Drug Safety Fraud Whistleblower Lawsuits, Adulterated Drug Whistleblower Lawsuits, Contaminated Drug Whistleblower Lawsuits, and Pharmaceutical Drug Calibration Fraud Whistleblower Lawsuits

It is extremely important that pharmaceutical whistleblowers including Drug Quality Assurance Whistleblowers, Drug Calibration Whistleblowers, and other Drug Safety Whistleblowers continue to step forward to blow the whistle on adulterated drugs that threaten the health and safety of the people taking medications.  Because of the serious potential danger to the public including men, women, and children that can be caused by giving contaminated drugs or improperly calibrated drugs, it is vitally important that whistleblowers help make sure that drugs are properly calibrated and not contaminated.  Further, it is clear that the government will not tolerate any lapses in safety standards from pharmaceutical manufacturers. 

Increased enforcement by FDA and the offer of large economic incentives to contaminated adulterated drug whistleblowers will expose pharmaceutical fraud that attempts to hide drug safety and quality violations. As such, it is important for pharmaceutical drug safety whistleblowers to not delay in coming forward with a False Claim Act Qui Tam Action as the first whistleblower to file is eligible to be a relator and may make a large recovery for exposing the drug safety fraud.  Additionally, when the fraudulent scheme is exposed, the people that kept the fraud secret can sometimes be found liable for criminal activity for not exposing the drug safety fraud that was being committed and be held liable for continuing criminal activity.

There are several keys to a successful False Claims Act Qui Tam Whistleblower action including 1) obtaining original and specialized information of the fraud, 2) being the first to file regarding the specific fraud, and 3) protecting the whistleblower for retaliation.  Pharmaceutical whistleblowers including Drug Quality Assurance Whistleblowers, Drug Calibration Whistleblowers, and other Drug Safety Whistleblowers that timely and properly blow the whistle on defective and dangerous drugs, may receive a large amount of money for being the first to properly report fraudulent disregard for safety standards and pharmaceutical policies that hide adulterated drugs.   

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Pharmaceutical Quality Assurance Whistleblower Lawsuit Information, Drug Safety Whistleblower Lawsuit Information, Adulterated Drug Whistleblower Lawsuit Information, Contaminated Drug Whistleblower Lawsuit Information, and Pharmaceutical Drug Calibration Whistleblower Qui Tam Lawsuit Information by Drug Quality Whistleblower, Contaminated Drug Whistleblower, Adulterated Drug Whistleblower, and Pharmaceutical Quality Assurance Whistleblower Lawyer
Health Care Fraud costs United States Tax Payers approximately $90 billion each year through Medicare, Medicaid, and other government health care programs.  Because the Medicare budget, the Medicaid Budget, the VA Budget, the TRICARE Budget, Medicaid Fraud, and Medicare Fraud are continuing to increase each year, it is vitally important that Medicare Fraud Whistleblower Lawsuits, Medicare Fraud Upcoding Fraud Whistleblower Lawsuits, Medicare Medicaid Fraud Hospital Whistleblower Lawsuits, Hospice Medicare Fraud Whistleblower Lawsuits, CHIP Fraud & Medicaid Fraud Whistleblower Lawsuits, and Medicare Medicaid Fraud Nursing Home Whistleblower Lawsuits continue to step forward and blow the whistle on health care fraud. 

If you are aware of a large health care company, financial institute, drug company, defense contractor, government contractor, or individual that is defrauding the United States Government out of millions or billions of dollars, it is important that you are the first to step forward with evidence of the fraud to report the fraud.  It is also important to understand potential whistleblower protections under the False Claims Act and to discuss with an attorney how to prepare for potential retaliation or aggressive attacks by the employer or contractor.  For more information on this topic please go to the following web page on False Claims Act Lawsuit Whistleblower Protections.  

Saturday, January 8, 2011

Asbestos Cancer Mesothelioma Lawsuit Information by Texas Asbestos Cancer Mesothelioma Lawyer

Asbestos Cancer Mesothelioma Lawsuit Information, Asbestos Exposure Lawsuit Information, Asbestos Cancer Lawsuit Information, and Mesothelioma Lawsuit Information by Texas Asbestos Exposure Lawyer, Asbestos Cancer Lawyer, and Asbestos Mesothelioma Lawyer Jason S. Coomer

When a family member has been diagnosed with Mesothelioma or other asbestos cancer, it is often not realized that the disease was probably caused by asbestos exposure.   Dealing with the health needs of your loved one become a top priority and it is often not realized that the Mesothelioma and other asbestos cancers was probably caused by a work environment, work clothes bringing home asbestos  fibers to family members, or asbestos in a living environment. Families of those that have suffered from Mesothelioma and other Asbestos Cancers often need assistance in locating Asbestos Cancer Mesothelioma Lawsuit Information, Asbestos Exposure Lawsuit Information, Asbestos Cancer Lawsuit Information, and Mesothelioma Lawsuit Information to determine what needs to be done to seek compensation for the illness or death of their loved ones.  

Asbestos Mesothelioma Lawsuit Information and Asbestos Cancer Lawsuit Information


Exposure to Asbestos products has been scientifically linked to several forms of asbestos cancer including mesothelioma.  These asbestos cancers all too often result in a painful death for the person that was exposed to asbestos products and asbestos fibers.  Despite knowledge of the dangers of asbestos products, many corporations have sold and used asbestos products as well as many other corporations have failed to use proper asbestos abatement procedures to remove asbestos from buildings.  Far too many businesses have made the decision that making more money through selling, using, or improperly removing asbestos products is more important than the health and lives of workers and there families. 

It is in these instances where the law needs to step in and make businesses that sell dangerous asbestos products, manufacture dangerous asbestos products, or intentionally fail to adhere to proper asbestos abatement procedures.

Asbestos Exposure of Families, Asbestos Fibers at Home, Asbestos Secondary Exposure Lawsuits by Texas Mesothelioma Asbestos Family Exposure Lawyer

Many families in the 1950s, 1960s, and 1970s were supported by workers that were exposed to high levels of asbestos fibers.  Many of these workers unknowingly brought asbestos fibers and asbestos dust home exposing their wives and families to toxic dust fibers that were inhaled.  These  family exposure lawsuits and secondary exposure lawsuits are becoming more common along the Houston Ship Channel area as well as other industrial areas throughout the United States as more and more wives and widows of asbestos workers  as well as children of asbestos workers are now coming down with mesothelioma, asbestos cancer, and other asbestos diseases.  If you are the spouse or family member of an asbestos worker and are experiencing severe symptoms including the following symptoms, you should be screened for asbestos diseases:

1) Shortness of breath, wheezing, or hoarseness.
2) A persistent cough that gets worse over time.
3) Blood in the sputum (fluid) coughed up.
4) Pain or tightening in the chest.
5) Difficulty swallowing.
6) Swelling of the neck or face.
7) Loss of appetite.
8) Weight loss.
9) Fatigue or anemia.
10) Fever, night sweat

 Asbestos Exposure Lawsuit Information Including Demolition Asbestos Lawsuit Information & Construction Worker Lawsuit Information

Today despite being better regulated over 1 million employees in construction and general industry face significant asbestos exposure on the job.  Many of these exposures occur in the construction industry, particularly during the removal of asbestos products in the renovation or demolition process.  Numerous construction workers are now dismantling many of the buildings and refineries that were built with asbestos products.  These workers are often not given proper respiratory protection and sustain heavy primary exposure from the demolition of buildings that cause asbestos fibers to be knocked into the air.  Many of these construction workers and abatement workers will have mesothelioma and other asbestos diseases in the future. Employees are also likely to be exposed during the manufacture of asbestos products (such as textiles, friction products, insulation, and other building materials) and during automotive brake and clutch repair work.

Mesothelioma Lawsuit Information and Asbestos Exposure Lawsuit Information

Mesothelioma is a form of cancer caused by asbestos exposure in which malignant (cancerous) cells are found in the mesothelium.   The mesothelium is a membrane that covers and protects most of the internal organs of the body. It is composed of two layers of cells: One layer immediately surrounds the organ; the other forms a sac around it. The mesothelium produces a lubricating fluid that is released between these layers, allowing moving organs. 

Mesothelioma (cancer of the mesothelium) is a disease in which cells of the mesothelium become abnormal and divide without control or order. They can invade and damage nearby tissues and organs. Cancer cells can also metastasize (spread) from their original site to other parts of the body. Most cases of mesothelioma begin in the pleura or peritoneum. The pleura is the outer lining of the lungs and chest cavity.  Mesothelioma may also occur in the peritoneum (the lining of the abdominal cavity), the pericardium (a sac that surrounds the heart), or the layer surrounding reproductive organs.

Most people who develop mesothelioma have inhaled asbestos particles either through occupational exposure or have been exposed to asbestos dust and fibre in other ways, such as by washing the clothes of a family member who worked with asbestos, or by home renovation using asbestos cement products. Unlike lung cancer, there is no association between mesothelioma and smoking.

Mesothelioma is a relatively rare form of cancer, but reported incidence rates have increased in the past 20 years. Incidence of malignant mesothelioma currently ranges from about 7 to 40 per 1,000,000 in industrialized Western nations, depending on the amount of asbestos products used in the society.  The incidence is expected to continue increase in many parts of the world as asbestos products become more common. Mesothelioma occurs more often in men than in women and risk increases with age, but this disease can appear in either men or women at any age.

In the United States between 1939 and 1980, approximately 30 million people were occupationally exposed to asbestos in the United States. Between 1970 and 1990, there was a large increase in the diagnosis of pleural mesothelioma in asbestos workers and their families. Though many asbestos exposure mesothelioma cases have been misdiagnosed as adenocarcinoma of the lung or other diseases, it is clear that the incidence of mesothelioma increases with use of asbestos products.

In addition to mesothelioma, exposure to asbestos increases the risk of lung cancer, asbestosis (a noncancerous, chronic lung ailment), and other cancers, such as those of the larynx and kidney.


Symptoms of Mesothelioma  (Mesothelioma Lawsuit Information)


Symptoms of mesothelioma can appear 20 to 50 years after exposure to asbestos. These symptoms include shortness of breath, chronic cough, coughing up blood, night sweats, and pain in the chest due to an accumulation of fluid in the pleural space are often symptoms of pleural mesothelioma.  Symptoms of peritoneal mesothelioma include weight loss and cachexia, abdominal swelling and pain due to ascites (a buildup of fluid in the abdominal cavity). Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.
Mesothelioma can affect several areas of the body and can cause the following symptoms:
  • chest wall pain
  • pleural effusion, or fluid surrounding the lung
  • shortness of breath
  • fatigue or anemia
  • wheezing, hoarseness, or cough
  • blood in the sputum (fluid) coughed up
  • abdominal pain
  • ascites, or an abnormal buildup of fluid in the abdomen
  • a mass in the abdomen
  • problems with bowel function
  • weight loss
  • blood clots in the veins, which may cause thrombophlebitis
  • disseminated intravascular coagulation, a disorder causing severe bleeding in many body organs
  • jaundice, or yellowing of the eyes and skin
  • low blood sugar level
  • pleural effusion
  • pulmonary emboli, or blood clots in the arteries of the lungs
  • severe ascites
Shortness of breath and pain in the chest from accumulation of fluid in the pleura are often symptoms of pleural mesothelioma. Symptoms of peritoneal mesothelioma include weight loss and abdominal pain and swelling due to a buildup of fluid in the abdomen. Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the mesothelioma cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.

Many of the above symptoms may be caused by mesothelioma or by other, less serious conditions. It is important to see a doctor about any of these symptoms. Only a doctor can make a diagnosis.  Please read below for information on the diagnosis of mesothelioma.

Diagnosis of Mesothelioma (Mesothelioma Lawsuit Information)

Diagnosing mesothelioma begins with a review of the patient's medical history to determine if the patient has had exposure to asbestos. A physical examination also performed, followed by chest X-ray and often lung function tests. The X-ray is used to determine if there is any pleural thickening that is commonly seen after asbestos exposure.  If there is pleural thickening it increases suspicion of a diagnoses of mesothelioma.

A CAT scan or an MRI and cytology is then done to determine if a large amount of fluid and or abnormal cells are present.  To study the pleural fluid a pleural tap or chest drain is done, in ascites with an paracentesis or ascitic drain and in a pericardial effusion with pericardiocentesis. If cytology is positive or a plaque is regarded as suspicious, a biopsy is needed to confirm a diagnosis of mesothelioma.

The biopsy is performed by a surgeon or a medical oncologist (a doctor who specializes in diagnosing and treating cancer).  This surgeon or oncologist removes a sample of tissue for examination under a microscope by a pathologist. A biopsy may be done in different ways, depending on where the abnormal area is located. If the cancer is in the chest, the doctor may perform a thoracoscopy. In this procedure, the doctor makes a small cut through the chest wall and puts a thin, lighted tube called a thoracoscope into the chest between two ribs. Thoracoscopy allows the doctor to look inside the chest and obtain tissue samples. If the cancer is in the abdomen, the doctor may perform a peritoneoscopy. To obtain tissue for examination, the doctor makes a small opening in the abdomen and inserts a special instrument called a peritoneoscope into the abdominal cavity. If these procedures do not yield enough tissue, more extensive diagnostic surgery may be necessary.
If the diagnosis is mesothelioma, the doctor will want to learn the stage (or extent) of the disease. Staging involves more tests in a careful attempt to find out whether the cancer has spread and, if so, to which parts of the body. Knowing the stage of the disease helps the doctor plan treatment.

Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.

Mesothelioma Treatment (Mesothelioma Lawsuit Information)

Treatment for mesothelioma vary depending on the location of the cancer, the stage of the disease, and the patient’s age and general health. Some of the more common treatment options include surgery, radiation therapy, chemotherapy, and drainage of fluid.

Surgery is a common treatment for mesothelioma. The doctor may remove abnormal or cancerous tissue and some of the tissue around it. For cancer of the pleura (pleural mesothelioma), a lung may be removed in an operation called a pneumonectomy. Radiation therapy, also called radiotherapy, involves the use of high-energy rays to kill cancer cells and shrink tumors. Radiation therapy affects the cancer cells only in the treated area. Chemotherapy is the use of drugs to kill cancer cells throughout the body. 

To relieve symptoms and control pain, the doctor may use a needle or a thin tube to drain fluid that has built up in the chest or abdomen. The procedure for removing fluid from the chest is called thoracentesis. Removal of fluid from the abdomen is called paracentesis. Drugs may be given through a tube in the chest to prevent more fluid from accumulating. It is common to use surgery, radiation therapy, chemotherapy, and fluid drainage to relieve symptoms and treat mesothelioma.

Texas Asbestos Cancer Mesothelioma Lawyer (Asbestos Mesothelioma Lawsuit Information)

As a Texas Mesothelioma Lawyer, Jason Coomer commonly works with other Asbestos Mesothelioma Lawyers on cases throughout the United States and believes that it is important that families that have lost loved ones to Mesothelioma should stand up an be heard regarding the dangers of asbestos and asbestos products.   For more information on Asbestos Cancer Mesothelioma Lawsuits, please feel free to follow this link Asbestos Cancer Mesothelioma Lawsuit Information.
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Wednesday, January 5, 2011

Fatal Heart Attack Darvocet Lawsuits, Propoxyphene Cardiac Arrest and Abnormal Heart Rhythm Lawsuits, Deadly Darvocet Overdose Lawsuits, and other Propoxyphene Cardiac Toxicity Lawsuits

Darvocet Heart Attack Lawsuits, Darvon Cardiac Arrest Toxicity Lawsuits, Darvocet Heart Abnormal Rhythm Lawsuits, Darvocet Deadly Overdose Lawsuits,  Propoxyphene Painkiller Cardiac Blackout Lawsuits, and Propoxyphene Painkiller Overdose Lawsuits by Texas Darvon and Darvocet Heart Damage and Fatal Heart Attack Lawyer Jason S. Coomer

Fatal Heart Attack Darvocet Lawsuits, Propoxyphene Cardiac Arrest and Abnormal Heart Rhythm Lawsuits,  Deadly Darvocet Overdose Lawsuits, and other Propoxyphene Cardiac Toxicity Lawsuits can arise when a person suffers an accumulated cardiac toxicity from a propoxyphene drug such as Darvocet or Darvon, and then suffers an abnormal heart rhythm that causes death, heart damage, or other serious health problems.  If you or a loved one is taking Darvocet, Darvon, or other Propoxyphene painkiller, it is important to contact your doctor to determine how new safety concerns regarding propoxyphene drugs may impact you or your loved one. 

Darvocet Fatal Overdoses, Darvon Deadly Overdoses, and Propoxyphene Painkiller Overdoses Combined with Questions as to Propoxyphene Effectiveness Lead to Europe and UK Banning Propoxyphene and the FDA Issuing Box Warnings

The U.S. Food and Drug Administration (FDA) has called for a boxed warning of overdose risk on packages of Darvon, Darvocet and other painkillers containing the drug propoxyphene.  The drugs have not been withdrawn from the market like they have been in Europe and the UK, but the FDA has warned that Darvocet-N, Darvon, and other  painkillers containing the drug propoxyphene have been linked to fatal overdoses.  

Prior to the FDA box warnings, in the United States there were an estimated over 10 million Americans taking Darvocet and other propoxyphene painkillers with tens of millions prescriptions being written each year.  Darvon, Darvocet, and other brand/generic drugs containing propoxyphene are painkillers from the 1950s that have a long history of safety concerns.  Based on growing scientific research  propoxyophene drugs cause accumulated heart toxicity, heart problems, and cardiac side effects including abnormal and fatal heart rhythm abnormalities.

The Public Citizen’s Health Research Group has long been pushing for the U.S. Food & Drug Administration to ban Darvon (generic: propoxyphene) and Darvocet (generic: propoxyphene and acetaminophen ) due to evidence goes back more than 30 years which indicates that propoxyphene is not very effective as a pain relieving drug and is toxic at doses not much higher than the recommended dose.  Strong scientific research indicates that Darvon and Darvocet cause a heart toxic metabolite to accumulate in the body.  This heart toxic metabolite combined with limited effectiveness in relieving pain and the addictive nature of the propoxyphene drugs may have caused many thousands of U.S. deaths since 1981, a large proportion of these deaths were likely caused by cardiac toxicity.  Cardiac toxicity can cause the interruption of electrical conduction in the heart, ventricular fibrillation, cardiac arrest, cardiac blackouts, and other heart problems.

Researchers know that ventricular fibrillation occurs when the heart’s electrical system malfunctions, the electrical signals that control the pumping of the heart become rapid and chaotic causing the lower chambers of the heart to quiver instead of contract. Those chambers can no longer pump blood to the rest of the body, which leads to sudden cardiac death without defibrillation - a successful emergency shock to jump start the heart back into a regular beat.

This fatal cardiac toxicity may occur in patients that use the propoxyphene drugs with a small multiple of the normal therapeutic dose.  Thus, a proportion of cardiac toxicity fatalities may have been caused by inadvertent overdose in an effort to relieve pain.  Recent studies have indicated that there is a confirmed link between propoxyphene and over 10,000 confirmed deaths and 2,110 reported accidental deaths since the early 1980’s.
 
Darvocet-N is a prescription medicine that contains two medicines: propoxyphene and acetaminophen. Darvocet-N is used to relieve mild to moderate pain. Darvocet-N is a federally controlled substance (C-IV) because it is a strong opioid pain medicine that can be abused by people who abuse prescription medicines or street drugs.

The U.S. Food and Drug Administration (FDA) has received requests to remove the propoxyphene drugs from the market since 1978, but has previously determined the benefits outweighed the risks. More recently a FDA advisory committee recommended banning the drug, but decided instead to issue strong warnings and require the company to do a new safety study.  As such, the FDA has called for a boxed warning of overdose risk on packages of Darvon, Darvocet and other painkillers containing the drug propoxyphene. The medicines that contain propoxyphene can cause serious side effects, including: Overdoses by accident or on purpose (intentional overdose).

Overdoses with Darvocet-N may happen when it is taken by itself, or with alcohol or other medicines that can also decrease your breathing and make you very sleepy. Death can happen within 1 hour of taking an overdose of Darvocet-N. Many of the deaths that happen in people who take Darvocet-N happen in those who have emotional problems, have thoughts of suicide or attempted suicide, or also take antidepressants, sedatives, tranquilizers, muscle relaxants, or other medicines that affect your breathing and make you very sleepy.

The FDA notified healthcare professionals that it is taking several actions to reduce the risk of overdose in patients using pain medications that contain propoxyphene because of data linking propoxyphene and fatal overdoses. The agency will require manufacturers of propoxyphene-containing products to strengthen the label, including the boxed warning, emphasizing the potential for overdose when using these products and to provide a medication guide to patients stressing the importance of using the drugs as directed. The FDA is also requiring a new safety study assessing unanswered questions about the effects of propoxyphene on the heart at higher than recommended doses. Findings from this study, as well as other data, could lead to additional regulatory action. To further evaluate the safety of propoxyphene, the FDA plans to work with several groups including the Centers for Medicare & Medicaid Services and the Veterans Health Administration to study how often the elderly are prescribed propoxyphene instead of other pain relievers and the difference in the safety profiles of propoxyphene compared to other drugs. 

Pharmaceutical Companies Often Choose Profits Over Safety Leading to Serious Health Problems and Death for People that Take Medications including Pushing Dangerous Drugs for Off-Label Uses and Hiding Information on the Dangers of a Particular Drug

All too often big drug companies and others in the pharmaceutical industry begin to value money and profits over the health of the consumer.  When this happens these pharmaceutical companies can deceptively market drugs or hide known dangers of dangerous drugs.  In the case of Darvon, Darvocet and other painkillers containing the drug propoxyphene, the drug producers may have used deceptive information to push their drugs and made hundreds of millions of dollars from continuing to manufacture, market, and sell these drugs with limited effectiveness and known safety concerns. 

The Pharmaceutical industry or "Big Pharma" has become extremely rich and powerful over the last decade as the industry has changed the way drugs are regulated and marketed in the United States and throughout the World. It is estimated that the drug industry will have drug sales of over $300 Billion in the United States in 2010 and over $750 Billion Worldwide. These revenues are over twice what they were 10 years ago.

The main reasons for this rapid growth are that the drug industry has been able to put their own people in top positions in the United States Food and Drug Administration to change regulations to relax the drug approval process, been able to help push through Medicare D (a major giveaway to the drug companies that increased government purchasing of drugs & limited competition), and been more aggressively marketing their drugs including off-label marketing regardless of dangers or effectiveness of the drug.

For more information on dangerous drug lawsuits, feel free to click on the following links: Paxil Infant Death, Birth Injury, and Birth Defect Lawsuits Isotretinoin and Accutane Inflammatory Bowel Disease (IBD) Lawsuits, Reglan Tardive Dyskinesia Lawsuits, Defective Birth Control (Yaz, Yasmine, & Ocella) Lawsuits, Avandia Lawsuits Chantix Suicide Lawsuits, Ketek Lawsuits, Gadolinium Contrast Dye Lawsuits, Antidepressant (SSRI) drug Lawsuits, Infant Heart Defect Lawsuits and Paxil Birth Injury Lawsuits, Accutane Ulcerative Colitis Lawsuits (Acne Drug Ulcerative Colitis Lawsuits),and Paroxetine, Seroxat, and Paxil Persistent Pulmonary Hypertension Lawsuits. For more information on Off-label Marketing Lawsuits, please feel free to click on the following link Off-label Marketing Whistleblower Lawsuits.

 Darvocet Heart Attack Lawyer, Darvon Cardiac Arrest Toxicity Lawyer, Darvocet Heart Abnormal Rhythm Lawyer, Darvocet Deadly Overdose Lawyer,  Propoxyphene Painkiller Cardiac Blackout Lawyer, and Propoxyphene Painkiller Overdose Lawyer  (Darvon, Darvocet and Propoxyphene Heart Damage and Fatal Heart Attack Lawsuits)


Texas Darvocet, Darvon, Propoxyphene, and other dangerous drugs Attorney Jason Coomer commonly writes about off-label marketing of drugs as well as dangerous drug lawsuits.  For more information on Darvon, Darvocet and Propoxyphene Heart Damage and Fatal Heart Attack Lawsuits, please click on the following link Darvocet Heart Damage Lawsuits and Darvocet Heart Attack Lawsuits.

Saturday, January 1, 2011

Securities Fraud Whistleblower Bounty Actions and Financial Fraud Whistleblower Lawsuits Provide Economic Incentives to Crack Down on Securities Fraud, Derivative Fraud, Commodity Fraud, and other Financial Fraud

Financial Fraud Whistleblower Lawsuits, Securities Fraud Whistleblower Bounty Actions, SEC Whistleblower Incentive Program Claims, Derivative Fraud Bounty Actions, & Dodd-Frank Act Financial Fraud Whistleblower Bounty Actions Provide Economic Incentives for Wall Street Fraud and Financial Fraud Whistleblowers by Texas Securities, Commodity, and Financial Fraud Whistleblower Lawyer Jason Coomer


Providing economic incentives to Medicare Fraud Whistleblowers, Medicaid Fraud Whistleblowers, and Defense Fraud Whistleblowers has created Billions of Dollars in recoveries to the federal government and has helped reduce health care fraud.  Recent changes in the law are now using the power of the free market and economic incentives to crack down on financial fraud including securities fraud, stimulus fraud, derivative fraud, investment fraud, and commodities fraud.  By offering large economic incentives to highly sophisticated investors and other financial fraud whistleblowers that understand complex investment fraud financial scams,  the government is hoping that private citizens with a deep understanding of and knowledge of financial fraud will help stop several types of financial fraud.
SEC Securities Fraud Whistleblower Lawsuits, CFTC Commodity Fraud Whistleblower Lawsuits, SEC Whistleblower Incentive Program Claims, Financial Fraud Derivatives Bounty Actions, Dodd-Frank Act Financial Fraud Whistleblower Bounty Actions, & other Financial Fraud Claims, Actions, and Lawsuits
The federal government is offering financial incentives to securities fraud whistleblowers, commodity fraud whistleblowers, stimulus fraud whistleblowers, and other financial fraud whistleblowers to step up and blow the whistle on Securities and Exchange Commission SEC violations, Commodity Future Trading Commission CFTC violations, derivative fraud, and other forms of financial fraud.  Recent legislation not only strengthens existing qui tam and whistleblower protection laws, but also creates new whistleblower bounties that can be collected by whistleblowers that properly report SEC violations, financial fraud, securities fraud, commodities fraud, and stimulus fraud. 
  
Dodd-Frank Wall Street Reform and Consumer Protection Act Created the SEC Incentive Program Allowing New Whistleblower Bounty Provisions that allows Qualified Financial Fraud Whistleblowers, Securities Fraud Whistleblowers, and SEC Violation Whistleblowers to Collect Rewards for SEC Bounty Claims

In July 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law which includes significant new financial fraud bounty whistleblower provisions.  These provisions create economic incentives for SEC violation whistleblowers and other financial fraud whistleblowers with "original information" of SEC violations and financial fraud to blow the on large scale financial fraud and SEC violations.  

These SEC bounty claims must be brought voluntarily under the SEC Bounty Programs by one or more individuals.  The whistleblower or whistleblowers must be a natural person or natural persons, companies or other entity is not eligible to be financial fraud bounty whistleblowers.  Successful SEC violation bounty whistleblowers and financial fraud whistleblowers can collect financial rewards for whistleblower bounty actions that result in the imposition of monetary sanctions of greater than $1 million dollars.  This new financial fraud SEC bounty program is called the "Securities Whistleblower Incentives and Protection". 

Through SEC Whistleblower Bounty Actions the SEC will award between ten percent and thirty percent of the money collected to a qualified whistleblower who voluntarily provides the SEC with original information about a violation of the securities laws that leads to a successful enforcement of an action brought by the SEC that results in monetary sanctions exceeding $1,000,000.00.  

So long as the financial fraud whistleblower or financial fraud whistleblowers base their claims on "original information", any person (not just an employee or insider) may file a SEC financial fraud bounty claim.  Further, if the financial fraud whistleblower is represented by an attorney, the whistleblower may file the financial fraud bounty claim anonymously.  However, before the financial fraud bounty award is paid, the whistleblower's identity shall be revealed to the SEC and SEC shall be provided information about the whistleblower that it requests. 

SEC Securities Fraud Whistleblower Lawsuits, Dodd-Frank Act Financial Fraud Whistleblower Bounty Actions, CFTC Commodity Fraud Whistleblower Lawsuits, SEC Whistleblower Incentive Program Claims, Financial Fraud Derivatives Bounty Actions, & Financial Fraud False Claims Act Whistleblower Lawsuits

Financial Fraud Whistleblower Lawsuits, Securities Fraud Whistleblower Lawsuits, Commodity Fraud Whistleblower Lawsuits, Stimulus Fraud Whistleblower Lawsuits, and SEC Violation Whistleblower Lawsuits will become more common with the enactment of laws like the Dodd-Frank Wall Street Reform and Consumer Protection Act that create bounties that can be collected by whistleblowers that properly report SEC violations, financial fraud, securities fraud, commodities fraud, and stimulus fraud that result in monetary sanctions over one million dollars ($1,000,000.00).  The SEC can award the whistleblower up to 30% of the money collected.

SEC fines like the $550 million dollar fine that Goldman Sachs agreed to pay in 2010 to settle a civil suit over a package of mortgage-backed securities designed by a hedge fund which was shorting the housing market, the $50 million dollar SEC fine of GE for accounting misdeeds when General Electric broke rules and defrauded investors, and the SEC fines to Citigroup Inc. and Putnam Investments for $20 million and $40 million, for alleged concealing from customers the fact that brokers were paid to recommend certain mutual funds, creating a conflict of interest are examples of financial fraud that Congress is hoping financial fraud whistleblowers will come forward and expose.

By creating whistleblower bounties for investors and people with specific information of financial fraud, it is expected that hard to detect financial fraud including derivative market fraud and investment fraud will be exposed to help regulate the financial market and prevent large investment corporations, banks, hedge funds, and other large corporations from committing financial fraud of billions of dollars.

Stimulus Fraud Lawsuits, Financial Fraud Qui Tam Lawsuits, and the Fraud Enforcement and Recovery Act of 2009 (May 2009)

In May 2009, the Fraud Enforcement and Recovery Act of 2009 was signed into law which makes important amendments to the country's most important tool for fighting fraud, the False Claims Act.  This new Federal False Claim Act Legislation will protect hundreds of billions spent on government programs from fraud and government waste and expand the ability of whistleblowers to collect compensation.

This Act amends the False Claims Act to: (1) expand liability under such Act for making false or fraudulent claims to the federal government; and (2) apply liability under such Act for presenting a false or fraudulent claim for payment or approval (currently limited to such a claim presented to an officer or employee of the federal government). Requires persons who violate such Act to reimburse the federal government for the costs of a civil action to recover penalties or damages.  The Act also modifies and expands provisions of the False Claims Act relating to intervention by the federal government in civil actions for false claims, sharing of information by the Attorney General with a claimant, retaliatory relief, and service upon state or local authorities in sealed cases.

The Act also redefines "claim" to include claims submitted "to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government's behalf or to advance a Government program or interest."  This language makes explicit the ability of Government and whistleblowers to pursue subcontractors and grantees.  This expansion will create potential liability to health care providers and other businesses that contract with government programs including Medicaid and Medicare.

The Act also redefines "obligation" to include "an established duty, whether or not fixed," arising from a variety of relationships, and specifically includes obligations "arising from statute or regulation, or from the retention of any overpayment."  This change allows the government and whistleblower to pursue violations of regulatory statutes with penalty provisions as False Claims Act Case and pursue false documents which are "material to an obligation to pay or transmit money...to the Government" regardless of whether a false claim has been submitted.  For example, a government contractor who backdates records to support a claim already submitted could be liable under this expansion.

The Act also expand the anti-retaliation provisions from only employees to include "contractors and agents" who "act to stop one or more violations."  This expanded protection could extend to contractors in government-funded managed care plans who take action to stop false reporting or illegal denial of service by the plan.

These expansions to the Federal False Claims Act should increase the number of Federal False Claims Act Lawsuits and allow the Federal Government to crack down on fraud and wasteful spending as well as recoup money that has been fraudulently obtained.

The Fraud Enforcement and Recovery Act also expands federal fraud laws to encompass independent mortgage companies, which are not currently covered by antifraud statutes that apply to traditional banks. Such independent mortgage companies originated approximately half of all subprime loans in 2005 and 2006. The bill defines a financial institution that will be covered by the fraud statutes as any business that finances or refinances mortgages. The Act expands the mortgage-related violations that are subject to both criminal and civil punishments. Additionally, the legislation makes it a crime to appraise a property falsely, an effort to prevent the purposeful inflation of home value appraisals that contributed to the housing bubble and the resulting housing crisis.

The Fraud Enforcement and Recovery Act strengthens protections against attempts to defraud the federal government, particularly through the Troubled Asset Relief Program and the economic stimulus package; expands the financial instruments that are covered by the securities fraud statute; and clarifies a money laundering statute. The Act provides $490 billion in spending for investigation and prosecution of mortgage fraud, securities fraud, and fraud cases involving federal economic assistance.

American Recovery and Reinvestment Act of 2009 (February 2009)

In February 2009, the American Recovery and Reinvestment Act of 2009 was signed into law which includes significant new whistleblower provisions. Section 1553 of the Act prohibits any private employer or state or local government that receives any funds pursuant to the Act from retaliating against an employee who discloses, internally or externally, information that the employee reasonably believes constitutes evidence of one or more of a number of specified improper uses of stimulus funds, including gross mismanagement of an agency contract or grant, gross waste of covered funds, or an abuse of authority related to the implementation or use of covered funds. Section 1553 establishes procedures and damage remedies that are similar in some ways to those with which many employers are familiar under Section 806 of the Sarbanes-Oxley Act ("SOX"), but its whistleblower provisions go beyond the whistleblower protections of SOX in several respects.

TARP Fraud Whistleblower Lawsuits, Bail Out Fraud Whistleblower Lawsuits, Financial Fraud Federal False Claims Act Lawsuits, and Stimulus Fraud Qui Tam Whistleblower Lawsuits

Many financial fraud whistleblower lawsuits may include also include elements of stimulus fraud whistleblower qui tam lawsuits or other Federal False Claims Act Lawsuits.  This potential Financial Fraud Actions under the Federal False Claims Act may allow a stimulus fraud whistleblower or other financial fraud whistleblower to potentially collect a large recovery for blowing the whistle on financial fraud. 

The Troubled Asset Relief Program (TARP) is a $700 Billion Bail Out of the troubled United States Banking and Credit System.  It was designed to unfreeze the credit market and enable the government to purchase residential and commercial mortgage assets, including whole loans and securities.  Unfortunately, after it was announced numerous Corporate interests began scheming on how to get as much of the Bail Out money as possible and use the money not for its intended purpose, but to enrich the corporations, shareholders, and CEOs that were able to get a portion of the money.

If you are aware of a corporation, CEO, or individual that has fraudulently obtained Bail Out money or intentionally used this money contrary to its intended purpose, there may be a viable Qui Tam Claim that would allow you not only to recoup government money for U.S. taxpayers, but also collect a portion of that money for yourself. 

Economic Incentives for Whistleblowers Lawsuits, Government Fraud Lawsuits, and Qui Tam Lawsuits Are One of the Least Expensive and Most Effective Mean of Preventing Fraud

When a government imposes a penalty, for the doing or not doing an act, and gives that penalty in part to whistleblowers that will sue for the same, and the other part of the recovery goes to the government, and makes it recoverable by action, such actions are called "qui tam actions", the plaintiff is suing on their own behalf as well for the government and taxpayers.

Qui tam provisions of the False Claims Act are based on the theory that one of the least expensive and most effective means of preventing frauds on taxpayers and the government is to make the perpetrators of government fraud liable to actions by private persons acting under the strong stimulus of personal ill will or the hope of gain.

The strong public policy behind creating an economic gain for whistleblowers is that  the government would be significantly less likely to learn of the allegations of fraud, but for persons in certain positions with specialized knowledge of fraud that has been committed. Congress has made it clear that creating this economic incentive is beneficial not only for the government, taxpayers, and the realtor, but is an efficient method of regulating government to prevent fraud and fraudulent schemes.

The central purpose of the qui tam provisions of the False Claims Act is to set up incentives to supplement government regulation and enforcement by encouraging whistleblowers with specialized knowledge of fraud going on in the government to blow the whistle on the crime.

The whistleblower's share of recovery is a maximum of 30 percent and the government's prior knowledge of fraud now does not necessarily bar a whistleblower from collecting lost revenue. If the government takes over the lawsuit, the relator can "continue as a party to the action." The defendant is also required to pay for the relator's attorney fees. The whistleblower is also protected from retaliatory actions by his or her employer. As a result a 1986 amendment to the False Claims Act, qui tam lawsuits have increased dramatically.   Though the amendment was first made for corrupt defense contractors, the amendment has uncovered billions of dollars in health care fraud and will probably apply to fraudulently obtained TARP and Bail Out Funds. 

Securities and Exchange Commission SEC Violation Whistleblower Lawsuit, Dodd-Frank Act Financial Fraud Whistleblower Bounty Lawsuit, SEC Whistleblower Incentive Program Lawsuit, SEC Violation Lawsuit, Financial Fraud False Claims Act Whistleblower Lawsuit, Securities Fraud Action, Commodity Fraud Action, and SEC Fraud Qui Tam Whistleblower Lawsuit

Through Federal False Claims Act Whistleblower Lawsuits, Qui Tam Lawsuits, and other Government Fraud Lawsuits, billions of dollars have been recovered from fraudulent government contractors and corporations that have committed fraud and stolen large amounts of money from the government and taxpayers.

It is extremely important that Whistleblowers continue to expose fraudulent billing practices and unnecessary treatments that cost billions of dollars.   For more information on Whistleblower Lawsuits, please feel free to follow the these linkes: Medicare Fraud Whistleblower Lawsuits, Defense Contractor Fraud Whistleblower Lawsuits, Stimulus Fraud Whistleblower Lawsuits, Health Care Fraud lawsuit, Medicare and Medicaid Fraud Lawsuits, Defense Contract Fraud Lawsuits, Government Contractor Fraud Whistleblower Lawsuits, or Dentist CHIP Fraud Lawsuits and Dental Medicaid Billing Fraud Lawsuits.  For more information on Financial Fraud Whistleblower Lawsuits including Securities Fraud, Derivatives Fraud, Investment Fraud, and Commodity Fraud following the following link on Securities Fraud Whistleblower Bounty Actions & Financial Fraud Whistleblower Lawsuits.

Sunday, December 26, 2010

Austin Texas Will Probate Lawsuits, Texas Contested and Uncontested Probate Lawsuits, Travis County Will Lawsuits, and other Texas Inheritance Lawsuits by Austin Texas Will Probate Lawyer Jason S. Coomer

Texas Contested Probate Lawsuits, Austin Texas Will Probate Lawsuits, Texas Estate Fraud Lawsuits, Travis County Will Lawsuits, and other Texas Inheritance Lawsuits by Austin Texas Will Probate Lawyer Lawyer Jason S. Coomer

After the loss of a loved one, it is often difficult to know what to do and how to handle estate matters.  Many times a Will needs to be taken through the probate process and the guidance of an experienced Austin Will Probate Lawyer will be extremely helpful in reviewing the Will to make sure it is valid and there are no major issues in taking it through probate lawsuit.  In handling Texas Will Probate Lawsuits and Texas Suits to Determine Heirship Lawsuits, a Texas Probate Lawyer will often prepare the Application, Proof of Death, Oath, Judgment, Witness Statements, Publications, Notices, Debt Issues, and Inventory.  The Texas Will Probate Lawyer will also work with the Probate Court to make sure that all the documents are in order as well as set up the Probate hearing and accompany the Executor through the Probate hearing in front of the Judge. 


 
Texas Uncontested Will Lawsuits, Austin Will Probate Lawsuits, Williamson County Will Probate Lawsuits, Hays County Will Probate Lawsuits, Bastrop County Will Probate Lawsuits, Bexar County Will Probate Lawsuits, and Central Texas Uncontested Inheritance Lawsuits

Most probate proceedings are uncontested as the decedent had a valid Will that clearly stated how their possessions are to be divided after their death or they have died without a Will and the intestate law of Texas is clear as to how the decedent's property will be distributed.  These Texas Uncontested Probate Lawsuits are not always simple as many times it can be a difficult process gathering assets and determining the valid debts of an estate or locating long lost heirs that have lost contact with their family.

It is often beneficial to contact a Texas Probate Lawyer to assist with any Texas Probate Lawsuit to better understand how the Texas Probate Courts work and Texas Probate Law. For more information on Texas Uncontested Probate Law, feel free to go to the following web pages:  Austin Will Probate Lawsuits, Central Texas Probate Lawsuits, Texas Intestate Lawsuits, and Austin Texas Inheritance Lawsuits.
 
Texas Contest Probate Lawsuits, Texas Executor Fraud Lawsuits, Texas Administrator Fraud Lawsuits, Texas Will Contest Lawsuits, Texas Forged Will Lawsuits, Texas Probate Fraud Lawsuits, Texas Estate Fraud Lawsuits, and Texas Inheritance Fraud Lawsuits

Unfortunately, there are people out there that will commit fraud and other wrongful acts to steal inheritance from others.  Some of these people will forge and create fraudulent Wills, destroy valid Wills, or just go to a recently deceased person's house and start taking things.   Whether these people are family members, step relatives, or opportunists, it is important to have Texas Inheritance Fraud Lawyer that can help rightful heirs and beneficiaries prove that inheritance fraud has occurred and seek compensation for the theft.

A Will Contest occurs when there is something wrong with a Will. There are several reasons that a Will may be contested including 1) the Will was written under the influence from another person, 2) the Decedent was not of sound mind when the Will was written, 3) the Will is a forged or fraudulent document, 4) the Will is not up to date and leaves out children or does not take into account a divorce or remarriage, 5) the Will was not witnessed or signed correctly, and 6) the Will was improperly done and does not comply with Texas law.

In some instances the Testator did not have actual "testamentary capacity" or "testamentary intent" to draft a proper Will. In such a situation the Will is not valid and interested parties including a beneficiary or heir that was disinherited or lost inheritance through the invalid Will can contest the Will as being invalid.  In other instances a Will was executed under undue influence and not the last wishes of the Testator.

The Texas Probate Code gives interested persons two years after a Will has been admitted to probate to institute a suit to contest a Will. There are two exceptions to this rule that can extend this statute of limitations beyond two years. These exceptions include 1) contests based upon forgery or fraud or 2) contests brought on behalf of an incapacitated person (such as a minor) who recovers capacity.

In addition to Texas Will Fraud Lawsuits and Texas Will Contest Lawsuits, there are several other types of contested probate lawsuits including Texas Executor Fraud Lawsuits, Texas Trustee Fraud Lawsuits, Texas Guardian Fraud Lawsuits, Texas Administrator Fraud Lawsuits, & Texas Estate Fraud Lawsuits.

Under Texas law, an Executor of an estate has to take an oath to fulfill the wishes of the decedent's Will.  Failure to properly comply with the Will and violating the oath of the executor can result in a breach of fiduciary duty lawsuit against the executor for negligently or fraudulently failing to comply with a decedent's wishes or Texas law.

Executors that commit fraud on an estate or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts.  If you are a beneficiary of a Will and an executor has negligently lost or intentionally stolen estate property, it is important to hire a Texas Estate Lawyer or Texas Fraudulent Executor Lawyer that can help the rightful beneficiaries seek compensation for theft of estate assets or negligence committed by an executor.

Administrators like Executors have a duty under Texas probate law to properly manage and distribute the assets of an estate.  Administrators have to take an oath to fulfill Texas law in managing an estate.  Failure to comply with Texas probate law and the mismanagement of an estate can result in a breach of fiduciary duty lawsuit against the administrator for failure to comply with the decedent's wishes.

Administrators that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts.  If you are an heir or beneficiary of a estate that has been mismanaged, it is important to hire a Texas Negligent or Fraudulent Administrator Lawyer that can help rightful heirs and beneficiaries seek compensation for theft or negligence by an administrator.
  
For more information on Texas Contested Probate Lawsuits, Texas Contested Will Lawsuits, Texas Inheritance Fraud Lawsuits, and other Texas Contested Estate Lawsuits, feel free to go to the following web page on Texas Will Contest Lawsuits, Texas Forged Will Lawsuits, Texas Probate Fraud Lawsuits, Texas Estate Fraud Lawsuits, Texas Will Probate Lawsuits, Texas Suits to Declare Heirs and Texas Inheritance Fraud Lawsuits.

Tuesday, December 21, 2010

Shareholder Investment Fraud Lawsuits, Minority Shareholder Investment Fraud Lawsuits, Accredited Investor Investment Fraud Lawsuits, Shareholder Suppression Lawsuits, and Business Misrepresentation Lawsuits

Shareholder Investment Fraud Lawsuits, Minority Shareholder Investment Fraud Lawsuits, Accredited Investor Investment Fraud Lawsuits, Shareholder Suppression Lawsuits, and Business Misrepresentation Lawsuits
by Texas Shareholder Investment Fraud Lawyer Jason S. Coomer
Business fraud and negligent misrepresentation cost investors, shareholders, and  businesses and individuals Billions of Dollars each year.  Shareholder investment fraud lawsuits, minority shareholder lawsuits, shareholder suppression lawsuits, and other business misrepresentation and fraud lawsuits allow investors and shareholders to seek back large sums of money that have been wrongfully taken from them.
  
Shareholder Investment Fraud Lawsuits, Minority Shareholder Investment Fraud Lawsuits, Accredited Investor Investment Fraud Lawsuits, Shareholder Suppression Lawsuits, and Business Misrepresentation Lawsuits

Since the 1980s, the deregulation of investment markets and decreased SEC enforcement, have come large investor fraud schemes that have fraudulently taken Billions of dollars from consumer and business investors.  Many businesses have set up elaborate investment scams that have taken advantage of high end investors, accredited investors, business investors, and individual investors. 

During this era of deregulation many safe guards were removed, but even more rules and safe guards were not adhered to when these fraudulent businesses lured investors into fraudulent and risky investments.  Understanding SEC rules on what should have been disclosed during investment negotiations as well as who may be a potential defendant for failing to properly disclose necessary information or intentionally misleading investors about an investment are crucial in determining if a shareholder or investor has a viable shareholder investment fraud lawsuit, minority shareholder lawsuit, shareholder suppression lawsuit, or other business misrepresentation and fraud lawsuit.

Further, in determining who is a viable defendant for a potential shareholder investment fraud lawsuit, minority shareholder lawsuit, shareholder suppression lawsuit, or other business misrepresentation and fraud lawsuit, it is important to understand the fiduciary duties owed by corporate officers, the board of directors, investment firms, brokers, financial planners, real estate professionals, lawyers, and other business professionals.  Understanding these duties can often help determine if there is a viable party to seek compensation from after a large investment was lost or stolen.

Shareholder Suppression Lawsuits, Corporate Malfeasance Lawsuits, Breach of Fiduciary Duty Lawsuits, and Shareholder Actions Lawsuits

Unfortunately, majority shareholders sometimes wrongfully and fraudulently use their controlling interest in a company for their own benefit at the expense of minority shareholders.  When a majority shareholder uses corporate malfeasance and breach of fiduciary duties, the minority shareholder may have a viable shareholder suppression lawsuit against the majority shareholders.  

In any Shareholder Suppression Lawsuit, Corporate Malfeasance Lawsuit, or Breach of Fiduciary Duty Lawsuit, it is important to understand the rights, fiduciary duties, and responsibilities of the majority shareholders, board of directors, managing partners, corporate officers, corporate counsel, chief financial officers, and managers.  It is also important to obtain as much evidence of the malfeasance, self dealing, fraud against shareholders, wrongful suppression, embezzlement, or other bad acts as possible prior to the start of litigation.  In many of these cases, once litigation has begun, obtaining evidence of the unlawful and bad acts are difficult and heated battles as many documents begin to disappear and proving spoliation becomes a key issue.  The term spoliation broadly refers to the intentional, reckless, or negligent destruction, loss, material alteration or obstruction of evidence that is relevant to litigation.

 Texas Negligent Misrepresentation Lawsuits and Texas Fraudulent Misrepresentation Lawsuits

Texas has business tort laws against both fraudulent and negligent misrepresentation that can be brought against businesses and individuals that make misrepresentations that cause significant damages.  Under Texas negligent misrepresentation law, a business or individual "who, in the course of his business, profession or employment, or in any transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information."  described by the Restatement (Second) of Torts Sec. 522. See Federal Land Bank Ass’n of Tyler v. Sloane, 825 S.W.2d 439, 442 (Tex. 1991).

In moving forward on a Texas Fraudulent or Negligent Misrepresentation Lawsuit against a corporation, partnership, limited liability company, professional corporation, individual or other business, it is important to have an experienced business litigation lawyer or business litigation team that is able to review and prosecute your Texas Misrepresentation Lawsuit.

 Accredited Investor Fraud Lawsuits, Federal Investment Fraud Lawsuits, Texas Investment Fraud Lawsuits, Shareholder Investor Lawsuits, and Business Misrepresentation Lawsuits


Accredited Investors are commonly the targets of investment fraud schemes.  This is because under the Securities Act of 1933, a company that offers or sells its securities must register the securities with the SEC or find an exemption from the registration requirements. The Act provides companies with a number of exemptions. For some of the exemptions, such as rules 505 and 506 of Regulation D, a company may sell its securities to what are known as "accredited investors."

By targeting Accredited Investors, some companies and their lawyers are able to exempt themselves from disclosure rules.  When investing as an accredited investor, it is often a good idea to have an attorney assist you prior to making a substantial investment.  Additionally, if you have already made a substantial investment and suspect foul play, it is important to make sure that you are aware of your rights and how to seek information on your investment.
 
Texas Shareholder Investment Fraud Lawsuits, Texsa Minority Shareholder Investment Fraud Lawsuits, Texas Accredited Investor Investment Fraud Lawsuits, Texas Shareholder Suppression Lawsuits, Texas Business Fraud Litigation Lawsuits, Texas Business Fraud Lawsuits, and Texas Business Fraud Litigation Teams

For more information on Texas Shareholder Investment Fraud Lawsuits, Texsa Minority Shareholder Investment Fraud Lawsuits, Texas Accredited Investor Investment Fraud Lawsuits, Texas Shareholder Suppression Lawsuits, Texas Business Fraud Litigation Lawsuits, Texas Business Fraud Lawsuits, and Texas Business Fraud Litigation Teams, please feel free to go to the following web page on Shareholder Investment Fraud Lawsuits, Minority Shareholder Investment Fraud Lawsuits, Accredited Investor Investment Fraud Lawsuits, Shareholder Suppression Lawsuits, and Texas Business Fraud Litigation.

Sunday, December 12, 2010

Off Label Drug Marketing Fraud Whistleblower Lawsuits, Pharmaceutical Marketing Fraud Illegal Kickback Lawsuits, and Pharmaceutical Defective Drug Fraudulent Marketing Physician Whistleblower Lawsuits

Off Label Drug Marketing Fraud Whistleblower Lawsuits, Pharmaceutical Marketing Fraud Illegal Kickback Lawsuits, and Pharmaceutical Defective Drug Fraudulent Marketing Physician Whistleblower Lawsuits (Off Label Marketing and Pharmaceutical Whistleblower False Claims Act Law Suits)


Through Whistle Blower Lawsuits, Qui Tam Lawsuits, and other Health Care Fraud Lawsuits, hundreds of billions of dollars have been recovered from dishonest pharmaceutical companies, marketing executives, health insurance companies, health providers, individuals and organizations that have committed health care fraud and stolen large amounts of money from the government.

Some of these pharmaceutical marketing fraud scams include providing false information about drugs and medications to push important doctors to help a drug get added to formularies and become the treatment standard for off label treatments despite the fact that the drug or medication is not approved for such indications.  These elaborate schemes can cause chairs of committees and other prominent physicians to approve medications based on false information.  For more information on Medicare Pharmaceutical Marketing Fraud and Off Label Whistleblower Lawsuits, please go to the following web page on Medicare Pharmaceutical Marketing Fraud and Off Label Whistleblower Lawsuit Web Page

Further, some of these drug marketing scams include elaborate illegal kickback and bribe scenarios where physicians are handsomely rewarded for helping a drug become a standard of care in the local medical community and to get a specific drug on formularies.  For more information on Pharmaceutical Illegal Kickback and Bribe Whistleblower Lawsuits, please go to the following web page on Pharmaceutical Illegal Kickback and Bribe Whistleblower Lawsuits.

Pharmaceutical Quality Assurance Whistleblower Lawsuits, Drug Safety Whistleblower Lawsuits, Adulterated Drug Whistleblower Lawsuits, Contaminated Drug Whistleblower Lawsuits, and Pharmaceutical Drug Calibration Whistleblower Qui Tam Lawsuits

Pharmaceutical Quality Assurance Whistleblower Lawsuits, Drug Safety Whistleblower Lawsuits, Adulterated Drug Whistleblower Lawsuits, Contaminated Drug Whistleblower Lawsuits, and Pharmaceutical Drug Calibration Whistleblower Qui Tam Lawsuits (Drug Quality, Contaminated Drug, Adulterated Drug, and Pharmaceutical Quality Assurance Whistleblower False Claims Act Lawyer)

Pharmaceutical Quality Assurance Managers, Drug Calibration Whistleblowers, and other Drug Safety Whistleblowers are stepping forward to blow the whistle on adulterated drugs, contaminated drugs, and poorly calibrated drugs that threaten the health and lives of children, women, and men that are taking the drugs.  Because of the danger of giving defective drugs to the sick and injured, it is extremely important that pharmaceutical whistleblowers continue to step forward to blow the whistle on drugs that threaten the health and safety of the people taking these drugs.  It is clear that the government will not tolerate any lapses in safety standards for pharmaceutical manufacturers and pharmaceutical whistleblowers that blow the whistle on defective and dangerous drugs, may receive a large amount of money for properly reporting fraudulent disregard for safety standards.    

Saturday, December 11, 2010

Fatal Fire Lawsuits, Fatal House Fire Lawsuits, Serious Burn Lawsuits, Fire Death Lawsuits, and Smoke Inhalation Lawsuits

Fatal House Fire Lawsuits, Serious Burn Lawsuits, Fatal Burn Lawsuits, Water Heater and Gas Explosion Lawsuits, House Fire Lawsuits, Texas Serious Burn Lawsuits, Texas Fatal Fire Lawsuits, Defective Gas Can Lawsuits, Smoke Inhalation Death Lawsuits, and Fire Death Lawsuits
by Texas Serious Burn, House Fire, and Fatal Fire Lawyer Jason S. Coomer
Fatal fire lawsuits, serious burn lawsuits, and smoke inhalation lawsuits are some of the most difficult cases to handle because of the devastation that a house fire, fatal fire, or severe burn can cause.  Representing clients that have had loved ones burn to death,  loved ones die of smoke inhalation, themselves been severely burned and required skin harvesting & grafting, been severely injured, and/or have lost their home and everything in it, requires not only an understanding of the damages and devastation that they have suffered, but also experience in investigating the cause of the fire or explosion as well as proving how the fire was caused and what damages caused the fire.  

Fatal Fire Lawsuits, Fatal House Fire Lawsuits, Serious Burn Lawsuits and Smoke Inhalation Lawsuits

In the United States, each year over 30,000 people are killed or seriously injured by fire and smoke inhalation.  Many of these fires are the result of negligence or defective products, that could have been easily prevented.   In  handling Fatal Fire Lawsuits, Fatal House Fire Lawsuits, Serious Burn Lawsuits, and Smoke Inhalation Lawsuits, it is important to remember that a fatal house fire or serious burn fire can be the result of defective products, careless workers, negligent property owners, defective water heaters, defective gas cans, failure of products to have child proofing, defective wiring, defective appliances, negligence maintenance, and many other negligent actions.  To determine the cause of the fire and/or explosion, it is important to speak with witnesses and fire investigators as well as to obtain any photos or video of the fire and any and all documents related to fire.    

After a fatal fire, house fire, smoke inhalation fire, or other fire that has caused a death, serious burns, injuries, or significant property damage, it is often a good idea to have an experienced fire lawyer investigate a potential fatal house fire lawsuit, serious burn lawsuit, defective smoke detector lawsuit, gas explosion lawsuit, apartment fire lawsuit, smoke inhalation lawsuit, and/or a work place fire lawsuit to make sure that those responsible for the fire pay for the damages that they have caused.


Fatal House Fire Lawsuits, Serious Burn Lawsuits, Gas Can Fire Lawsuits, Water Heater Explosion Lawsuits, House Fire Lawsuits, Texas Serious Burn Lawsuits, Texas Fatal Fire Lawsuits, Defective Gas Can Lawsuits, Defective Gas Container Lawsuits, and House Explosion Lawsuits

It is important to remember that a fatal house fire or serious burn fire can be the result of defective products, careless workers, negligent property owners, defective water heaters, defective gas cans, failure of products to have child proofing, defective wiring, defective appliances, negligence maintenance, and many other negligent actions.  To determine the cause of the fire and/or explosion, it is important to speak with witnesses and fire investigators as well as to obtain any photos or video of the fire and any and all documents related to fire.    

One common cause of fatal house fires are defective products including defective water heaters and defective gas cans. Some gas containers and gas cans can be unreasonably dangerous and defectively designed resulting fatal fires, fires that cause serious burns and catastrophic injuries, house fires that destroy homes, and other fires that cause serious injury, death, and/or damage to property.  Some of these defective gas containers and gas cans do not contain a safety device known as a flame arrester which can prevent a flashback of the flames into a gas can or gas container.  This flame arrester can prevent a gas can explosion that can cause a person to be burned to death or suffer serious and disfiguring burns.   

Other safety features for gas cans and gas containers include child resistant caps and closures to reduce the risk of spills.  By including flame arrestors, child resistant caps, adequate warnings, and other safety features in gasoline cans and gasoline containers, many home fires, fatal fires, and other fires can be prevented. For more information on gas can lawsuits, gas container lawsuits, defective gasoline container lawsuits, defective gasoline container lawsuits, please go to the following web page on Gas Can Fire Lawsuits and Gas Container Fire Lawsuits.

There are many other defective products that can cause house fires and home explosions including defective appliances and defective vehicles.  When investigating a Fatal House Fire or Explosion, it is important to make sure a thorough investigation of all potential causes is made.  For more information on Fatal House Fire Lawsuits and Fatal Home Gas Explosion Lawsuits, please go to the following web page on Fatal House Fire Lawsuits, Fire Death Lawsuits, and Serious Burn Lawsuits.