Medical Mistake Infant Death Lawsuits, Birth Injury Lawsuits, & Birth Defect Lawsuits by Texas Infant Death and Birth Injury Lawyer Jason S. Coomer

Medical Mistake Infant Death Lawsuits, Medical Error Birth Injury Lawsuits, Brachial Plexus Birth Injury Lawsuits, Medical Malpractice Lack of Oxygen Lawsuits, Fatal Physician Mistake Lawsuits, Doctor Error Infant Death Lawsuits, Infant Hypoxia Lawsuits, Cerebral Palsy Birth Injury Lawsuits, and Drug Birth Defect Lawsuits by Texas Infant Death and Birth Injury Lawyer Jason S. Coomer

Medical mistake infant death lawsuits, birth injury lawsuits, and birth defect lawsuits are some of the most difficult types of Medical Malpractice Lawsuits to handle because of the emotion that goes along with them.  Parents who should be celebrating the birth of a new child, are often caught off guard when their child dies during or shortly after birth or is born with severe disabilities.  It is often all the parents can do to grieve their loss or take care of their new child.  Many don't realize that someone may be responsible for their child's death, birth injury or birth defect.

Infant Brain Injury Lawsuits and Causes of Hypoxia During Birth (Infant Death and Birth Injury Hypoxia Brain Damage Lawsuits)

Several reasons can cause an unborn child to suffer hypoxia resulting in a brain injury  during the birthing process including a difficult labor, unreasonable delay in performing a C-section, delay in delivering an extremely large baby, gestational diabetes in the mother, failure to properly and timely resuscitate the baby, maternal or fetal bleeding complications, excessive administration of Pitocin, and placenta previa. It is important during any birth to have medical professionals that are able to protect the safety of the mother and child by not allowing any of these factors to become a problem. If problems arise and these difficulties occur during the birth of your child and the child sustains a brain injury, you may want to contact a Birth Injury Lawyer with the skill and dedication to help you get the compensation. 

For more information on Lack of Oxygen Infant Death Lawsuits, Medical Mistake Brain Damage Lawsuits, and other Lack of Oxygen Hypoxia Lawsuits, please go to our Lack of Oxygen Infant Death Lawsuit, Medical Mistake Brain Damage Lawsuit, and other Lack of Oxygen Hypoxia Lawsuit Page.

Cerebral Palsy Birth Injury Lawsuits

"Cerebral" refers to the brain and "palsy" to muscle weakness/poor control. Cerebral palsy itself is not progressive, but is a developmental problem that can occur during fetal development, the birthing process, or infancy.  Once a child has cerebral palsy, the child will not get worse over time, however, conditions such as muscle spasticity can develop which may get better or worse over time. Although cerebral palsy is not "curable", training and therapy treatments can help improve function.  For more information on Cerebral Palsy Birth Injury Lawsuits go to our Cerebral Palsy Birth Injury Lawsuit Information Page.

Brachial Plexus Birth Injury Lawsuits

Brachial Plexus Injuries occur when the brachial plexus, a network of nerves between the neck and shoulder, is damaged. Because the brachial plexus conducts nerve signals from the spinal cord to the arm and hand, when it is damaged impairment of the arm and hand can occur causing a limp arm. The brachial plexus is a network of nerves formed by fibers located between the shoulder and the neck. Most brachial plexus injuries happen during birth when excessive lateral traction is applied to the fetal neck region during a vaginal birth and a traumatic stretching of the brachial plexus occurs causing damages to the nerves.  Brachial plexus injuries are more common in infants that are larger than average in size as they have more trouble moving through the birth canal.  For more information on Brachial Plexus Birth Injury Lawsuits including Erb's Palsy Birth Injury Lawsuits, please go to our Erb's Palsy and Brachial Plexus Birth Injury Lawsuit Page. 

Medication Birth Defect Lawsuits

Several medications, products, and drugs have been linked to birth defects.  Some of these medication and products have ample warnings that warn pregnant women to avoid taking these products while they are pregnant, however, some manufacturers have hidden the real dangers of their product in order to sell more of their product and value profits over healthy babies.  For these manufacturers, they may have short term profits, but over the long term they will suffer for the long term birth defects that they have caused.  Some medications that have been linked to birth defects include Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs).  Women that have taken SSRIs after the 20th week of pregnancy have a 6-fold increased risk of developing persistent pulmonary hypertension, a life-threatening lung disorder.  Infants with persistent pulmonary hypertension have abnormal blood flow through the heart and lungs and do not get enough oxygen to their bodies and may become very sick or die.  For more information on Paxil Infant Heart Defect Lawsuits & Birth Injury Lawsuits and Selective Serotonin Reuptake Inhibitor Antidepressant Birth Defect Lawsuits, please go to our Paxil Infant Heart Defect Lawsuit and Infant Birth Injury Lawsuit Page and SSRI Birth Defect Lawsuits Information Page.

Medical Mistake Infant Death Lawsuits, Medical Error Birth Injury Lawsuits, Brachial Plexus Birth Injury Lawsuits, Medical Malpractice Lack of Oxygen Lawsuits, Fatal Physician Mistake Lawsuits, Doctor Error Infant Death Lawsuits, Infant Hypoxia Lawsuits, Cerebral Palsy Birth Injury Lawsuits, and Drug Birth Defect Lawsuits

For more information on Medical Mistake Infant Death Lawsuits, Medical Error Birth Injury Lawsuits, Birth Doctor Mistake Brachial Lawsuits, Medical Malpractice Failure to Monitor Lack of Oxygen Lawsuits, Fatal Hospital Mistake Lawsuits, Federal Tort Claims Act Medical Negligence Cerebral Palsy Birth Injury Lawsuits and other Infant Death or Birth Injury Lawsuits, please go to the following webpage Medical Mistake Infant Death, Birth Injury, and Birth Defect Lawsuits.

Austin Guardianship Lawsuits, Travis County Guardianship Applications, Austin Guardianship Contests, and Travis County Competence Lawsuits by Austin Guardianship Lawyer Jason S. Coomer

Austin Guardianship Lawsuits, Travis County Guardianship Applications, Austin Guardianship Contests, Travis County Competence Lawsuits, and Austin Alleged and Proposed Ward Hearings
by Austin Guardianship Lawyer Jason S. Coomer

 

Guardianship lawsuits or lawsuits to determine competence are becoming more common as more and more elderly people are becoming unable to take care of themselves and their finances.  When a person becomes unable to take care of themselves, a danger to themselves, a danger to others, or cannot handle their finances, they will often need a guardian to take care of them and their estate.  

Texas Application for Guardianship, Protecting Incapacitated Persons, and Obtaining Guardianship for a Person and for their Estate

It can be a difficult or easy decision to file an application of guardianship for a loved one depending on your circumstances.  If your loved one is obviously a danger to themselves and is unable to handle their one finances, it is often best to work with an Austin Guardianship Lawyer and the person's family and friends to protect them from the potential dangers of harming themselves as well as to protect them from people and businesses that might try to take their money.

One of the first steps in moving forward with an application of guardianship is to get your loved one to a doctor.  Having a medical doctor examine the person and determine if they are competent is an important first step to determine if the potential ward's condition is reversible and to what extent incompetence has occurred. 

If the proposed ward will not see a medical doctor, it may be necessary to file an Application for Guardianship to get the person the medical treatment that they need.  If they do see a medical doctor and the condition is not reversible as well as is severe, it also may be necessary to file an Application for Guardianship.

Typically, a Texas Probate Court will look to alternative less drastic measures to avoid a guardianship or making someone a ward.  This is because a guardianship takes a person's rights away including use of their finances and decisions on their daily care.  An Application for a Guardianship should only be filed to further a person's best interests. 

Incapacitated Persons Lawsuits, Austin Guardianship Lawsuits, Travis County Guardianship Applications, Austin Guardianship Contests, Travis County Competence Lawsuits, and Austin Alleged and Proposed Ward Hearings

According to the Texas Probate Code Section 601 (14), there are three types of incapacitated people that need guardians.  The first is a minor which includes those under 18 years of age that have not been emancipated.  The second are adults who because of a physical or mental condition, are substantially unable to provide food, clothing, or shelter for themselves, to care for their own physical health, or to manage the individual's own financial affairs.  The third are people that must have a guardian appointed to receive funds due the person from any governmental sources.

A person is determined to be "incapacitated" upon a finding by a court that the person lacks the capacity to do some, but not necessarily all, or the tasks necessary to care for himself or herself or to manage his or her property.

 

A court may appoint a guardian with full authority over an incapacitated person or may grant a guardian limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the person. If the person is not a minor, the court may not use age as the sole factor in determining whether to appoint a guardian for the person. In creating a guardianship that gives a guardian limited power or authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person.

 

Setting Up A Guardianship & Filing an Application for Guardianship

 

An Application for Guardianship can be filed by any person that does not have an adverse interest to the proposed ward. This rule is to make it easy for a good Samaritan to help a person that is unable to help themselves, but to prevent people from attempting to take control over people that they owe money to or are fighting in a court battle. Most applications for guardianships are filed and determined in a county court or probate court, however, the determination can be transferred to District Court.  To have a guardian appointed the applicants must have a medical report from a doctor that states that the proposed ward is substantially unable to take care of themselves.  This medical report can be obtained prior to the application or as part of the court's determination.

 

Drive By Guardianships & the Race to the Court House

 

A proceeding for the appointment of a guardian for the person or estate, or both, of an incapacitated person shall be brought 1) in the county in which the proposed ward resides, or 2 ) is located on the date the application is filed or 3) in the county in which the principal estate of the proposed ward is located. If there are multiple counties where the application for a guardianship can be heard, then the place where the first application is filed controls. Combining this rule with 2) above, we have instances where a family member is brought for a visit for the purpose of filing for an application to get the proceeding in a local court. This can be convenient, but also can create races to the court house for different family members.

 Austin Guardianship Lawyer, Travis County Guardianship Application Lawyer, Austin Guardianship Contest Lawyer, Travis County Competence Lawyer, and Austin Alleged and Proposed Ward Hearing Lawyer

When a person becomes unable to take care of themselves, a danger to themselves, a danger to others, or cannot handle their finances, they will often need a guardian to take care of them and their estate.  For more information on Austin and Travis County Guardian and Guardianship matters, please go to the following web page: Austin Guardianship Lawsuits Applications and Contests and Guardianship and Trust Fraud & Negligence Lawsuits.

Infant Heart Defect Lawsuits, SSRI PPHN Lawsuits, and Paxil Lawsuits by Texas Infant Heart Defect Lawyer Jason S. Coomer

Infant Heart Defect Lawsuits, Paxil Heart Defect Lawsuits, Paxil Heart Birth Injury Lawsuits, Paxil Infant Heart Valve Lawsuits, Seroxat Infant Development Lawsuits, & Paxil Heart Defect Lawsuits by Texas Infant Heart Defect Lawyer Jason S. Coomer

Mothers that have taken Paxil while pregnant should be aware that the drug Paxil has been linked to an increased number of birth defects and birth injuries in children of mothers that took Paxil they were pregnant.  These heart defects, birth injuries, and birth defects include Persistent Pulmonary Hypertension (PPHN) lung damage, heart valve defects, ventricular valve defects, abnormal cranial shaped heads, pulmonary failure and other birth injuries.   

Infant Birth Injury Lawsuits, Infant Heart Defect Lawsuits, Child Heart Defect Lawsuits, Paxil Infant Heart Problem Lawsuits, Paxil Infant Heart Valve Lawsuits, and other Birth Defect Lawsuits

Avoidable birth defects are one of the most devastating problems that can occur to a family and a new baby.  Parents who should be celebrating the birth of a new child, are often caught off guard when their child is born with severe disabilities and often  do not realize that someone may be responsible for the birth injury or defect including drug manufacturers that hid information about medications that can cause birth defects.  The family is typically busy taking care of the child with the serious health problems and often does not know that the birth defect was preventable.  When they discover the probable cause of the preventable birth defect they are often filled with anger and rage.  To find out that their child will have permanent health problems or that they lost their baby because a drug company hid research and did not provide an adequate warning of a product's safety can be extremely difficult.

FDA Advising of Risk of Birth Defects (including Heart Defects) with Paxil Agency Requiring Updated Product Labeling

In 2005, the Food and Drug Administration alerted health care professionals and patients about early results of new studies for Paxil (paroxetine) suggesting that the drug increases the risk for birth defects, particularly heart defects, when women take it during the first three months of pregnancy. Paxil is approved for the treatment of depression and several other psychiatric disorders. FDA is currently gathering additional data and waiting for the final results of the recent studies in order to better understand the higher risk for birth defects that has been seen with Paxil.

FDA is advising health care professionals to discuss the potential risk of birth defects with patients taking Paxil who plan to become pregnant or are in their first three months of pregnancy. Health care professionals should consider discontinuing Paxil (and switching to another antidepressant if indicated) in these patients. In some patients, the benefits of continuing Paxil may be greater than the potential risk to the fetus. FDA is advising health care professionals not to prescribe Paxil in women who are in the first three months of pregnancy or are planning pregnancy, unless other treatment options are not appropriate.

FDA is advising patients that this drug should usually not be taken during pregnancy, but for some women who have already been taking Paxil, the benefits of continuing may be greater than the potential risk to the fetus. Women taking Paxil who are pregnant or plan to become pregnant should talk to their physicians about the potential risks of taking the drug during pregnancy. Women taking Paxil should not stop taking it without first talking with their physician.

The early results of two studies showed that women who took Paxil during the first three months of pregnancy were about one and a half to two times as likely to have a baby with a heart defect as women who received other antidepressants or women in the general population. Most of the heart defects reported in these studies were atrial and ventricular septal defects (holes in the walls of the chambers of the heart). In general, these types of defects range in severity from those that are minor and may resolve without treatment to those that cause serious symptoms and may need to be repaired surgically.

In one of the studies, the risk of heart defects in babies whose mothers had taken Paxil early in pregnancy was about 2 percent, compared to a 1 percent risk in the whole population. In the other study, the risk of heart defects in babies whose mothers had taken Paxil in the first three months of pregnancy was 1.5 percent, compared to 1 percent in babies whose mothers had taken other antidepressants in the first three months of pregnancy.

FDA has asked the manufacturer, Glaxo Smith Kline (GSK), to change the pregnancy category from C to D, a stronger warning. Category D means that studies in pregnant women (controlled or observational) have demonstrated a risk to the fetus. However, the benefits of therapy may outweigh the potential risks to the fetus.

Based on results of the preliminary data, GSK updated the drug's labeling in September 2005 to add data from one study. As additional data have become available, the label has now been changed to reflect the latest data from the two studies and to change the pregnancy category.

 Paroxetine, Seroxat, and Paxil Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs) PPHN Birth Defect Lawsuits

Paroxetine (trade names Seroxat, Paxil) is a selective serotonin reuptake inhibitor (SSRI) antidepressant that has been linked to birth defects and birth injuries including Persistent Pulmonary Hypertension (PPHN), Paxil Heart Defects, Paxil Lung Damage, and Paxil Cranial Defects.

Paroxetine (trade names Seroxat, Paxil) is a selective serotonin reuptake inhibitor (SSRI) antidepressant that has been linked to birth defects including Persistent Pulmonary Hypertension (PPHN), heart, lung, abdominal and cranial defects.  Women that have taken Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs) after the 20th week of pregnancy have a 6-fold increased risk of having their child develop persistent pulmonary hypertension, a life-threatening lung disorder.  Infants with persistent pulmonary hypertension have abnormal blood flow through the heart and lungs and do not get enough oxygen to their bodies and may become very sick or die. 

The SSRIs antidepressants that have been linked to persistent pulmonary hypertension (PPHN) include Paxil by GlaxoSmithKline, Zoloft marketed by Pfizer; Prozac sold by Eli Lilly; Celexa and Lexapro by Forest Laboratories, Effexor marketed by Wyeth, Luvox by Solvay, and the generic makers of these drugs include Barr Pharmaceuticals, Ranbaxy Labs and Genpharm.

Infants born with PPHN often require mechanical assistance to breath and even worse about 10% to 20% of the infants do not survive even when they receive treatment. The PPHN babies that do survive often experience developmental delays, brain abnormalities and hearing loss, experts say.

Other birth defects that have been associated with SSRIs include Anencephaly, a neural tube defect where much of the brain does not develop; Craniosynostosis, an abnormality in which connections of the skull bones close prematurely; and Heart birth defects including septal defects and ventricular defects.

SSRIs have not only been associated to birth defects, but have been associated with increased risk of suicide.  For more information on suicide claims from antidepressants, please see our antidepressant suicide claim information page. 

Paroxetine, Seroxat, and Paxil Failure to Warn Birth Defect Lawsuits

In 2009, a jury awarded a family $2.5 million in a lawsuit filed against the makers of Paxil that alleged the drug was responsible for a young boy's birth defects. The lawsuit claimed that the family's young child suffered from birth defects, including two holes in his heart, which required surgery.  In the wake of this verdict, GlaxoSmithKline has offered to settle many Paxil lawsuits.

Other medications, products, and drugs have also been linked to birth defects and some are the subject of lawsuits.  Some of these medication and products have ample warnings that warn pregnant women to avoid taking these products while they are pregnant, however, some manufacturers have hidden the real dangers of their product in order to sell more of their product and value profits over healthy babies.  For these manufacturers, they may have short term profits, but over the long term they will suffer for the long term birth defects that they have caused.

For more information on Infant Heart Defect Lawsuits, Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs) PPHN Birth Defect Lawsuits, and Paxil Lawsuits, please go to the following web pages: Infant Heart Defect Lawsuits and Paxil Birth Injury Lawsuits and Paroxetine, Seroxat, and Paxil Persistent Pulmonary Hypertension Lawsuits

Defective Seat Beat Lawsuits and Failed Safety Belt Webbing Lawsuits by Texas Defective Safety Belt Lawyer Jason S. Coomer

Defective Seat Belt Lawsuits, Defective Safety Belt and Shoulder Strap Lawsuits, Deadly Vehicle Accident Lawsuits, Texas Deadly Defective Seatbelt Lawsuits, and Defective Safety Restraint Design Lawsuits by Texas Defective Seatbelt Lawyer Jason S. Coomer

Defective seat belts, failed seat backs, defective safety designs, defective safety belt webbing, defective airbags and or other crashworthiness defects in automobiles can turn a simple automobile accident into a fatal automobile collision, deadly car wreck, or catastrophic injury crash.  In designing automobiles, manufacturers know that it is important to design vehicles with safety features that protect occupants.  A manufacturer's failure to design a safe vehicles that are crashworthy and designed to protect vehicle occupants, can result in a vehicle crash that injures or kills drivers and vehicle passengers.  

Automobile Accident Defective Safety Belt Lawsuits, Automobile Seatbelt Failure Crash Lawsuits, Automobile Wreck Defective Shoulder Belt Lawsuits and Fatal Automobile Collision Defective Safety Restraint Device Lawsuits (Texas Defective Seatbelt and Safety Restraint Device Lawyer)

Defective Safety Belts, Shoulder Belts, and other restraining safety devices in an automobile can cause catastrophic injuries or even death to a driver or passengers during an automobile crash. Because seatbelts have a variety of moving parts, it is important to understand how the moving parts work and if each of the parts are working correctly when investigating a defective seat belt fatal accident or defective seatbelt catastrophic injury car crash.  This investigation should look at the overall design of the restraint devices in the vehicle and compare it to the injuries sustained by the driver and passengers as well as determine if any individual part of each safety belt, should belt, child safety seat, airbag, and other safety devices were working properly. Typically, defective seatbelt lawsuits and defective safety restraint device lawsuits can be broken down into many categories of defects. 

Automobile Accident Defective Safety Belt Latch Lawsuits, Automobile Seatbelt Latch Failure Crash Lawsuits, Automobile Wreck Defective Shoulder Belt Latch Lawsuits and Fatal Automobile Collision Defective Safety Restraint Latch Device Lawsuits (Texas Defective Seatbelt Latch and Safety Restraint Latch Device Lawyer)

One such category of defective safety belt and defective seatbelt lawsuits are defective seat belt latch lawsuits, defective shoulder strap latch lawsuits, and defective safety restraint latch lawsuits.  In investigating a defective seatbelt latch lawsuit, the defective seatbelt latch lawyer should remember that a seatbelt latch should never unlatch inadvertently. The only time it should unlatch is when the user chooses to unlatch it by pushing whatever apparatus is required to disengage the latch. 

Sometimes a buckle will disengage on its own. Sometimes a latch plate will never securely lock into the buckle and will pull out with little or no effort. These are just two examples of some of the more common latch defects. Inertial unlatching, inadvertent unlatching and false latching are the most commonly encountered latch defects. Inertial unlatching is a situation in which a latch plate will release out of the buckle during a collision. This is commonly a result of an external force applied to certain components of the seatbelt. Allegations of inertial unlatching have been around since the 1970s and were dismissed by car manufacturers. Subsequently, evidence of inertial unlatching has made it a real issue and a viable defect claim. This defect has been identified in seatbelt systems in which the buckle is housed in a rigid stock secured to the vehicle’s frame. With force to the bottom of the stock, the latchplate can be released from the buckle. That is not the only way inertial unlatching can occur. Investigate the possibility of inertial unlatching when considering a failed seatbelt case.

Inadvertent unlatching can be caused by flying debris or flailing limbs contacting the buckle release button during a rollover or other collision. When a foreseeable accident occurs, there is often flying debris throughout the vehicle, and occupants’ limbs are prone to flailing. These scenarios are foreseeable in a collision and seatbelt buckles are intended to stay latched even in the presence of flying debris contacting the buckle release button. Some buckles are better than others at withstanding contact from flying debris. Chrysler’s Generation 3 seatbelt buckles that were installed in many Chrysler products from 1993-2003 were especially susceptible to inadvertent unlatching. If there is a basis for believing that your occupant was belted before the accident but during the accident scenario became unbuckled, investigate the possibility of inadvertent unlatching. False-latching occurs when the latch plate looks, feels and sounds like it is secured in the buckle but is not securely locked in place. Chrysler’s Generation 3 seatbelt buckles that were installed in many Chrysler products from 1993-2003 were especially susceptible to false-latching due to the spacing and structure of their buckles. These buckles were laid out in a way that a user could fully insert the latch plate into the buckle but miss the entire locking mechanism and therefore, never secure the buckle.

A post collision analysis of the buckle can often indicate if false-latching is a concern. When a seatbelt latch fails it is possible the police report will state, and may be corroborated by first responders and witnesses, that the occupant was not wearing a seatbelt. As discussed above, latches can fail and occupants can appear no longer belted after an accident. Thoroughly analyze the seatbelts and interview all witnesses to see if there is any evidence of usage and/or the possibility of the seatbelt failing. 

Automobile Accident Defective Safety Belt Spooling Lawsuits, Automobile Seatbelt Spooling Failure Crash Lawsuits, Automobile Wreck Defective Shoulder Belt Spooling Lawsuits and Fatal Automobile Collision Defective Safety Restraint Spooling Device Lawsuits (Texas Defective Spooling Seatbelt and Safety Restraint Device Lawyer)

Another category of defective safety belt and defective seatbelt lawsuits are defective seatbelt spooling lawsuits, defective shoulder strap spooling lawsuits, and defective safety restraint spooling lawsuits.  In investigating a defective seatbelt spooling lawsuit, the defective seatbelt spooling lawyer should remember that a seatbelt retractor device should keep the driver and passengers in a vehicle properly restrained during a collision.  The seatbelt retractor should lock the seatbelt and hold the driver and passengers in place preventing them from hitting the windshield or other parts of the inside of the vehicle that could cause serious injury or death.  In order words a proper functioning retractor should not release excess slack during a collision allowing the occupants to move and potentially suffer serious or fatal injuries. 

Seatbelt and safety belt spooling occurs when an excess amount of webbing is introduced into a seatbelt during a collision or rollover event because of a defect in the retractor device. When a defective retractor fails to properly lock, excessive seatbelt webbing can be released out of the defective retractor and results in excess seatbelt webbing or slack in the seatbelt that can prevent the driver or passengers from being safely held in place causing a catastrophic or fatal injury in what should have been an injury free collision.

Seatbelt spooling can happen for many reasons. Regardless of the reason, the seatbelt should not spool-out and fail to keep a driver or passenger properly restrained during a collision or rollover event. If in post-collision the post accident investigation, the seatbelt is found with excess slack in the belt, it is important to carefully consider and analyze the possibility of a spooling defect. Also, if a driver or passenger hit the windshield or appears to have moved a lot when they should have been properly restrained, it is important to consider the possibility of spooling and a defective seatbelt retractor device.

Through pictures or post-collision vehicle inspections, the presence of too much webbing in the belt can often be identified. The defective retractor device often cannot be identified by a cursory examination of the vehicle wreckage, but typically is only identified by experienced defective seatbelt spooling lawyers and the use of defective seatbelt spooling experts. Even if it can be determined that spooling happened, it often takes an experienced defective seatbelt lawyer or expert to determine the cause of the defective seatbelt retractor. Sometimes a seatbelt will spool-out simply as a result of the retractor failing to lock up during a collision. Please keep in mind that retractors are designed to be triggered by certain events. They are created to lock up when there is force applied in one direction or another. For example, a retractor obviously should lock with the force of a high-speed front-end collision.  In the front-end collision, a secure shoulder belt should restrain the driver and passengers in the seats and prevent injurious contacts with the steering wheel and windshield. In front-end collision cases, defective spooling causing a slack or loosely fitting shoulder belt could fail to hold a driver or passenger in their seat and allow them to be thrown into the steering wheel, windshield, or other parts of the interior of a vehicle.

A defective retractor can also fail to lock during a rollover collision, allowing to excess webbing to be introduced into the seatbelts and allowing drivers and passengers to be thrown free during the rollover. Traditional seatbelt systems have been typically ill-equipped to account for the vehicle dynamics of a rollover. In a rollover, however, seatbelts are critical in limiting occupant excursion. Occupant excursion is the extent to which the driver's and passenger's bodies move out of their original seating position during a collision event. Typically, the greater the excursion, the greater the chance of injury. Many retractors, by design, let out excess slack during a rollover because the mechanism for locking the retractor is ineffective while the vehicle is rolling. Instead of staying locked through the entirety of a rollover event, some seatbelt retractors will lock and unlock as the vertical and horizontal forces on the vehicle change. Retractors should stay locked during the entirety of a collision.

A retractor staying locked throughout a rollover is essential to limiting occupant excursion. When investigating and pleading a design defect seatbelt case, always be current on what safer alternative designs were available when the vehicle was manufactured. There are multiple safer alternative designs on the market that can alleviate spooling. Some automobile manufacturers incorporate more than one retractor into their seatbelt systems in case one fails. Rollover fired seatbelt pretensioners were developed in the past ten years to address many of the retractor issues related to rollovers. They are activated when a rollover is sensed and automatically pull in and lock the seatbelt. Seat integrated, or All-Belts to Seats, systems are systems where the seatbelt housing is located in the seat and not the B-Pillar. Also, Web-Grabbers help alleviate the chances of spooling. All of these are safer alternative designs that help to significantly reduce occupant excursion in a collision event. When investigating a design defect seatbelt case, determine what safer alternative designs were economically and technologically feasible at the time the vehicle was manufactured. Retractors can fail to lock because of a variety of defects including design defects and manufacturing defects. 

Automobile Accident Defective Safety Belt Webbing Lawsuits, Automobile Seatbelt Webbing Failure Crash Lawsuits, Automobile Wreck Defective Shoulder Belt Webbing Lawsuits and Fatal Automobile Collision Defective Safety Restraint Webbing Device Lawsuits (Texas Defective Webbing Seatbelt and Safety Restraint Device Lawyer)

Another category of defective safety belt and defective seatbelt lawsuits are defective seatbelt webbing lawsuits, defective shoulder strap webbing lawsuits, and defective webbing manufacturing lawsuits.  In investigating a defective seatbelt webbing lawsuit, the defective seatbelt webbing lawyer should remember that seatbelt webbing should not break or come apart in most vehicle collisions.  Seatbelt webbing that has broken has probably been cut or was the result of a seatbelt manufacturing defect.  In order words seatbelt webbing should not rip or tear apart during a collision allowing the occupants to move and potentially suffer serious or fatal injuries.

The presence of ripped or torn safety belt webbing should raise a red flag that there may be a defect or manufacturing flaw in the safety belt webbing.  When the seatbelt tears or is ripped in half during an accident, something has probably gone terribly wrong. Seat belt webbing is designed to withstand the forces of most survivable collisions without ripping or tearing. Torn or ripped seatbelt webbing might occur because of a defect or manufacturing flaw in the webbing itself, such as material or weaving deficiencies.  Ripped or torn webbing might also be the consequence of some other type of automobile defect including defective spooling, defective detractor, or defective safety design. 

Automobile Accident Defective Safety Restraint Design Lawsuits, Automobile Seatbelt Design Crash Lawsuits, Automobile Wreck Defective Shoulder Belt Design Lawsuits and Fatal Automobile Collision Defective Safety Restraint Design Lawsuits (Texas Defective Seatbelt and Safety Restraint Device Design Lawyer)

Another category of defective safety belt and defective seatbelt lawsuits are defective seatbelt design lawsuits, defective shoulder strap design lawsuits, and defective safety restraint design lawsuits.  In investigating a defective seatbelt design lawsuit, the defective safety design lawyer should remember that a seatbelt retractor device should keep the driver and passengers in a vehicle properly restrained during a collision.  The seatbelt retractor should lock the seatbelt and hold the driver and passengers in place preventing them from hitting the windshield or other parts of the inside of the vehicle that could cause serious injury or death.  In order words a proper functioning retractor should not release excess slack during a collision allowing the occupants to move and potentially suffer serious or fatal injuries. 

Also, sometimes simply the geometry, or layout, of the seatbelt system is such that it will necessarily allow occupant excursion during a crash and render the restraint system ineffective. For  a seatbelt system to be effective, it is important that the seatbelts work in conjunction with the vehicle's seats and surrounding structure.  If the seatbelt safety restrain system is not compatible with the interior of the vehicle or there are other defects in the vehicle including defective airbags, defective seats, or a defective roof, the crashworthiness of the vehicle may be defective and cause drivers or passengers to be injured or killed due to a combination of vehicle failures.

Additionally, defective automatic seatbelt design systems and defective automatic door lock systems can cause dangers if they release during a collision.  For example an automatic seatbelt and door lock system can cause restraints to be released and doors to be opened during a rollover accident. This could cause the driver and passengers to be thrown around inside the vehicle or even out of the vehicle. 

Automobile Accident Crashworthiness Defective Air Bag Lawsuits and Fatal Automobile Collision Crashworthiness Defective Air Bag Lawsuits (Automobile Defective Airbag Product Liability Lawsuits)

Defective Air Bag Claims may arise out of serious automobile accidents where a defective air bag was the cause of death or a catastrophic injury.  An air bag injury may result when an air bag deploys at low impact or no impact. The defective airbag will deploy at tremendous force which is necessary to protect passengers from  forward momentum of a high-speed crash. However, if the air bag deploys At low speed, deployment can snap the head and neck back severely, resulting in spinal damage, brain injury and soft tissue damage. Facial lacerations and even broken bones in the face are also common. Sometimes air bags fail to deploy when they should, resulting in chest, head, face and or neck injury as the body is propelled against the dashboard, windshield or seatback. For more information on Texas Defective Airbag Lawsuits, please go to the following web page on Texas Defective Airbag Lawyer.

Catastrophic Injury Defective Seat Belt Lawsuits, Single Vehicle Accident Lawsuits, Deadly Defective Seatbelt Lawsuits, Defective Restraint Design Lawsuits, Fatal One Automobile Crash Lawsuits, and Catastrophic Injury & Deadly Defective Shoulder Strap Lawsuits (Texas Defective Restraint and Safety Belt Lawsuits)

For more information on defective seat belt lawsuits, failed seat back lawsuits, defective safety design lawsuits, defective safety belt webbing lawsuits, defective airbag lawsuits and other automobile defective crashworthiness lawsuits, feel free to follow the links in this post.  This post was written by Texas Defective Seat Belt Fatal Accident Lawyer, Jason Coomer, who works on Texas Defective Seatbelt Lawsuits involving serious injuries and fatal automobile collisions all over the State of Texas and throughout the United States.  In working on Texas Fatal Seatbelt Crash Law Suits, Jason Coomer commonly works with other Texas Fatal Defective Seat Belt Rollover Accident Lawyers throughout Texas and the United States including Houston Fatal Defective Safety Belt Collision Lawyers, Dallas Fatal Defective Seat Belt Rollover Lawyers, El Paso Defective Safety Restraint Fatal Accident Lawyers, and San Antonio Defective Safety Belt Design Serious Burn and Death Accident Lawyers.

Failed Hip Surgery Lawsuits and Failed Hip Implant Lawsuits by Texas Failed Hip Surgery Lawyer Jason S. Coomer

Failed Hip Surgery Medical Malpractice Lawsuits, Defective Hip Implant Lawsuits, Implantable Hip Failure Lawsuits, and Failed Hip Surgery Resulting in Permanent Disability and Paralysis Lawsuits by Texas Failed Hip Surgery Product Liability, Medical Negligence, & Defective Product Lawyer, Jason Coomer 

Failed hip replacement surgery can cause severe pain, catastrophic injuries, physical impairment, and the need for additional hip replacement surgery.  Failed hip replacement surgery can be caused by medical negligence or defective hip implants including Zimmer Cups, Trident Hemispherical Cups, Trident PSL Cups, DePuy ASR Hip Resurfacing Systems, and Depuy ASR XL Acetabular Systems.  Regardless, as to whether the failed hip replacement surgery lawsuit is caused by  a defective cup or implant, and/or medical negligence a failed hip replacement lawsuit  can take significant resources to investigate and litigate.  When investigating these potential failed hip replacement surgery lawsuits, it is important to know what implant has been used as well as to obtain medical records of the surgery.

Hip Replacement Surgery including Total Joint Replacement Surgery, Total Hip Replacement Surgery, and Surgery

Hip replacement surgery, also called total hip arthroplasty, involves removing a diseased or broken hip joint and replacing it with an artificial joint, called a prosthesis. Hip prostheses commonly consist of a ball component, made of metal or ceramic, and a socket, which has an insert or liner made of plastic, ceramic or metal. The implants used in hip replacement are or should be biocompatible (meaning they're designed to be accepted by your body) and made to resist corrosion, degradation and wear. 

Hip replacement surgery is typically used for people with hip joint damage from arthritis or a serious injury.  Followed by rehabilitation, hip replacement surgery can relieve pain and restore range of motion and function of the hip joint.  However, it should be understood that Hip Replacement Surgery is an invasive and serious medical procedure that can be extremely hard on a person and will require significant time to recover.  It is important that a person seeking a hip replacement consult with one or more medical doctors that they trust to determine if they are healthy enough to undergo hip replacement surgery.  

As a total hip joint replacement replaces the ends of both bones in a damaged hip joint to create new joint surfaces and a total hip replacement surgery replaces the upper end of the thighbone (femur) with a metal ball and resurfaces the hip socket in the pelvic bone with a metal shell and plastic liner, it is essential that the hip implants are biocompatible and are correctly made to resist corrosion, degradation, and wear as well as to work well without rubbing. 

After a person has gone through an extensive hip surgery including the lengthy recovery and process, it can be very upsetting to learn that the manufacturer incorrectly made the implant so that it will have to removed and the person will have to undergo the hip replacement surgery again requiring more recovery, missed time from work, and missed time from family and normal functioning.

Defective Hip Implant Devices Lead to Failed Hip Replacement Surgery and Patients suffering Pain, Impairment, and Mental Anguish as well as having to have Second Hip Replacement Surgery to Repair the Problem

Failed hip implant surgery including defective hip implants have been becoming more and more common.   Some hip implant medical devices that have been the subject of failed hip surgery lawsuits, recalls, or FDA actions include the Zimmer Durom Cup, the Stryker Corp. Trident Hemispherical and Trident PSL cups, DePuy ASR Hip Resurfacing Systems, and Depuy ASR XL Acetabular Systems.  Through failed hip replacement lawsuits many patients are alleging that defective hip implants including defective Zimmer Cups, Trident Hemispherical and PSL Cups, or DePuy Orthopaedics Inc. ASR Hip Resurfacing System and the ASR XL Acetabular Systems have caused them pain, suffering, impairment, and the need for additional hip replacement surgeries.

The Zimmer Durom Cup has been implanted into over 12,000 people and is primarily used in Total Hip Replacement surgeries.  In July 2008 sales of the Zimmer Durom Cup were suspended by Zimmer, after reports that the cup was defective and failed to bond in many patients.  This failure to bond caused these patients to have to undergo painful revision hip surgeries.

The Food and Drug Administration (FDA), has warned the Stryker Corporation about the Trident Hemispherical and Trident PSL cups that have "failed to function" as well as about hip implant components with "poor fixation"  These cup or failed implant have also required painful revision hip surgeries. The latest warning letter released by the FDA indicated that the Stryker Corporation received multiple complaints from 2005 through 2007 involving devices that failed to work and hip implant components that had bad fixation. Some hip implant failures have required that hip implant patients undergo a follow up surgery to fix the problem with the first hip implant surgery.  These problems in addition to the failure to function and poor fixation include the issue of terrible squeaking noises coming from the hip implant. 

In August, 2010, DePuy Orthopaedics Inc. announced that it would be recalling two hip replacement products, the ASR Hip Resurfacing System and the ASR XL Acetabular System, after receiving new data which indicated that more patients than expected experienced pain and other symptoms which required a revision surgery following the initial hip replacement procedure.  The patients with with DePuy ASR and ASR XL metal-on-metal hip implants have experienced loosening and dislocation of the device resulting in the need for early revision surgery and/or the release of metal debris causing muscle and soft tissue damage.

The FDA has warned manufacturers of hip implants that the recurrence of squeaking noises of hip implants with ceramic bearing components have resulted in revision surgeries due to implant failures (fractures, pain, wear particles, and fragments) and many patients have and are expected to experience problems including Hip Pain and may require additional hip implant surgery to repair the defective hip implant devices.

In reviewing a potential failed hip replacement surgery medical negligence lawsuits and failed hip replacement defective hip implant lawsuits, it is extremely helpful to know what type of hip implant was implanted into the patient, when the hip implant occurred, if a second hip replacement surgery was needed or will be needed, when the hip implant began to malfunction, and what problems the defective hip implant caused.  It is also helpful to be able to review the medical records of the surgery.  For more information on potential defective hip implant lawsuits or failed hip replacement surgery medical negligence lawsuits, feel free to e-mail Texas Failed Hip Implant Surgery Lawyer, Jason S. Coomer.

Regardless, as to whether the failed hip replacement surgery was caused by a defective Zimmer Cup, defective Trident Hemispherical Cup, defective Trident PSL Cup, defective DePuy Orthopaedics Inc. ASR Hip Resurfacing Systemt, defective DePuy ASR XL Acetabular System, and/or negligent surgeon, it is extremely frustrating to a person that has had a failed hip replacement surgery to learn that they are going to have to undergo a second hip replacement surgery because of a product defect, manufacturing defect, or negligence.

Defective Hip Implant Device Lawsuits, Texas Failed Hip Replacement Surgery Lawsuits, and Depuy ASR Hip Resurfacing System Lawsuits, & Back Surgery Lawsuits

For more information on failed hip replacement surgery lawsuits including a defective Zimmer Cup lawsuit, defective Trident Hemispherical Cup lawsuit, defective Trident PSL Cup Lawsuit, defective DePuy Orthopaedics Inc. ASR Hip Resurfacing System lawsuit, defective DePuy ASR XL Acetabular System lawsuit, and/or a medical negligence hip replacement lawsuit, feel free to follow the following links Failed Hip Surgery Lawsuits, Texas Fail Hip Replacement Lawsuits, and Defective Hip Implant Lawsuits or Depuy Failed Hip Implant Lawsuits & ASR Hip Resurfacing System Lawsuits.

Texas Single Vehicle Accident Lawsuits and Texas Deadly One Vehicle Crash Lawsuits

Texas Single Vehicle Accident Lawsuits, Texas One Car Crash Lawsuits, Texas Defective Tire Lawsuits, Texas Road Construction Defect Lawsuits, Texas Defective Airbag Lawsuits, Texas Defective Safety Belt Lawsuits, and other Texas Deadly One Vehicle Crash Lawsuits by Texas Serious Injury and Deadly One Vehicle Crash Lawyer, Jason Coomer

 

One car crashes, SUV rollover accidents, truck wrecks and other one vehicle automobile accidents can be caused by defective highway construction, defective tires that blowout, negligent vehicle maintenance, and other  vehicle defects.  Additionally, a non-injury low impact collision can be turned into a deadly crash or a serious injury crash when a vehicle has defective airbags, defective seat belts, or other defective vehicle crashworthiness safety problems.  Understanding the factors that have caused a single vehicle crash or injuries caused by the single vehicle crash, are key to investigating a single vehicle crash lawsuit.

After a car crash, truck wreck, SUV rollover, or other single vehicle accident that caused the driver or a passenger to suffer catastrophic injuries or deadly injuries, it is important that the single vehicle automobile accident is properly investigated to determine the cause of the accident and as to if defective crashworthiness of the vehicle may have played a roll in the death or the catastrophic injuries suffered in the accident. 

A key to investigating the single vehicle serious injury or deadly crash is to preserve the evidence of the wreck including the vehicle evidence and evidence from the scene of the accident.  As such, it is very important to make sure that the vehicle wreckage is secured and able to be investigated.  It is also important to have an investigator go to the accident scene after the crash.  It is usually best to have someone go to the accident site as soon as possible after the accident to take photos of any potential road construction hazards that may have caused the single vehicle accident and gather evidence.  However, as single vehicle accidents typically occur  unexpectedly it is often difficult to get an investigator to an accident scene within minutes of the single vehicle accident.

For more information on this topic feel free to go to the following web pages on Texas Defective Seat Belt Lawsuits, Texas Defective Air Bag Lawsuits, Texas Defective Crashworthiness Lawsuits, Texas One Car Crash Lawsuits and Single Vehicle Accident Lawsuits, and Truck, SUV, & Car Accident Investigation Center. 

Medicare Billing Fraud Whistleblower Lawsuits by Texas Medicare Billing Fraud Whistleblower Lawyer Jason S. Coomer

Medicare Payment Fraud Whistleblower Lawsuits, Texas Medicare Payment Fraud Lawsuits, Texas Medicare Billing Fraud Lawsuits, and Medicare Billing Fraud Whistleblower Lawsuits (Texas Medicare Billing Fraud Whistleblower Lawyer Jason S. Coomer) 

Medicare billing fraud is costing the United States an estimated one hundred billion dollars ($100,000,000,000.00) each year and with approximately 7,000 new people gaining Medicare benefits each day, it is predicted to continue to increase.  To combat Medicare Billing Fraud and Medicare Payment Fraud, the United States government has amended the Federal False Claims Act to encourage more Medicare Fraud whistleblowers to step up and blow the whistle on Medicare Fraud.  Medicare Billing Fraud Whistleblowers and Medicare Payment Fraud Whistleblowers that are the original source of specialized knowledge of Medicare Fraud can make substantial recoveries if they are the first to file a successful qui tam claim under the Federal False Claims Act.   

Medicare Payment Fraud Whistleblower Lawsuits, False Coding Lawsuits, Upcoding Lawsuits, and Medicare Billing Fraud Whistleblower Lawsuits

Medicare Billing Fraud Whistleblowers and Medicare Payment Fraud Whistleblowers that provide original source information of schemes to fraudulently bill for medical services or medical products and fraudulently take Medicare payments from our United States government including upcoding, double billing, bill padding, unbundling, and charging for services never provided may recover a portion of the proceeds recovered on the government's behalf.  Since 1986, relators have recovered over $1 billion for helping expose fraud against the United States government.    

To be a Medicare Billing Fraud Whistleblower or a Medicare Payment Fraud Whistleblower, you need to have evidence of original source information of Medicare fraud.  Medical professionals, accountants, benefit coordinators, coding specialists, financial officers, hospital administrators, nurses, medical doctors, and health care administrators often become aware of Medicare Billing Fraud and Medicare Payment Fraud including upcoding, double billing, bill padding, unbundling, and charging for services never provided.

 Medicare Billing Fraud Crackdown Leads to Arrests of Health Care Executives

It is important to blow the whistle on known fraud and not get caught as one of the accomplices.  As the Department of Justice expands Medicare Billing Fraud Crackdowns, it becomes more important for those that are aware of Medicare Billing Fraud and Medicare Payment Fraud Schemes to come forward before the Medicare Fraud Rings are exposed and Health Care Executives start blaming each other and turning on each other to reduce their own potential criminal liability.

Medicare Fraud Strike Force Operations Lead to Charges Against 32 Doctors and Health Care Executives for More Than $16 Million in Alleged False Billing in Houston Early Morning Takedown Leads to Arrests in Houston, New York, Boston and Louisiana

WASHINGTON – Thirty-two people have been indicted for schemes to submit more than $16 million in false Medicare claims in the continuing operation of the Medicare Fraud Strike Force in Houston, Deputy Attorney General David W. Ogden and Deputy Secretary Bill Corr of the Department of Health and Human Services (HHS) announced today. The Strike Force in Houston is the fourth phase of a targeted criminal, civil and administrative effort against individuals and health care companies that fraudulently bill the Medicare program.

Remember Medicare Billing Fraud Whistleblowers and Medicare Payment Fraud Whistleblowers not only can avoid potential criminal liability if they expose Medicare Billing Fraud Schemes, but can get an economic incentive for exposing Medicare Billing Fraud, if they are an original source with special knowledge of fraud and are the first to file, they receive a portion of the money that the government recovers.  Depending on the extent of the fraud, qui tam recoveries for the government can be in the billions of dollars and whistleblower recoveries can be in the hundreds of millions of dollars.

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.  

Original and Specialized Information of Medicare Billing Fraud or Medicare Payment Fraud is Essential for a Medicare Billing Fraud Whistleblower Lawsuit or a Medicare Payment Fraud Whistleblower Lawsuit

As insiders it is common for a variety of health care professionals, health care executives, and health care administrators to have specialized knowledge of Medicare Billing Fraud or Medicare Payment Fraud.  As such, it is important for these health care administration whistleblowers and health care executive to obtain and preserve evidence of the Medicare fraud.  Whether this evidence is in e-mail messages, memos, accounting documents, coding instructions, recordings, or other documents, it is important for the whistleblower to have evidence of the Medicare fraud.  It is also often helpful to have fellow whistleblowers that can help build the Medicare Billing Fraud or Medicare Payment Fraud case. 

Being the First to File on the Medicare Billing Fraud Scheme is Essential for Recovery Under the False Claims Act and can Prevent Potential Criminal Liability

It is also essential 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 make a large recovery for exposing the 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 fraud that was being committed and further be held liable for continuing criminal activity.

Health Care Medicare Billing Fraud Whistleblower Protection, Medicare Payment Fraud Whistleblower Protection, and other Medicare Fraud False Claims Act Whistleblower Protections

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.  

Medicare Payment Fraud Whistleblower Lawyers, Texas Medicare Payment Fraud Lawyers, Texas Medicare Billing Fraud Lawyers, and Medicare Billing Fraud Whistleblower Lawyers

It is important for Medicare Billing Fraud Whistleblowers including hospital administrators, nursing home administrators, medical equipment suppliers, health care executives, physical therapists, nurses, doctors, health care administrators, hospice workers, pharmacists, benefit coordinators, health system executives and other health care professionals to come forward and  blow the whistle on Medicare Billing Fraud.  If you are aware of a large health care company or individual that is defrauding the United States Government out of millions or billions of dollars, it is important to understand how the False Claims Act works and how to gather evidence of the Medicare Billing Fraud.  For more information on this topic, please go to the following web page on Medicare Billing Fraud Whistleblower Lawsuits and Medicare Payment Fraud Lawsuits by Texas Medicare Billing Fraud Lawyer, Jason S. Coomer.

 

Government Contractor Fraud Qui Tam Whistleblower Lawsuit Information (False Claims Act Whistleblower Qui Tam Action Information)

For more information on Medicare Billing Fraud, Tricare Billing Fraud, Medicaid Billing Fraud, Defense Contractor Fraud, Off Label Fraud, Road Construction Fraud, and other types of False Claims Act Whistleblower Claims, please go to the Qui Tam, Whistleblower, and Federal Federal False Claims Act Information Center.

Drug Representative Whistleblower Lawyer Marketing Executive & Sales Rep Whistleblower Lawsuits

Drug Representative Qui Tam Whistleblower Lawsuits, Pharmaceutical Representative False Claims Act Lawsuits, and Drug Representative False Claims Act Protections (Texas Drug Representative Whistleblower False Claims Act Lawyer Jason S. Coomer) 

Drug, pharmaceutical, and medical device representatives can often be the original source of specialized knowledge of Medicare marketing fraud that can result in a successful qui tam claim under the Federal False Claims Act.  A successful Medicare false claims act qui tam claim can not only result in a significant recovery for the drug representative whistleblower, pharmaceutical representative whistleblower, or medical device representative whistleblower, but can result in uncovering Medicare fraud, Medicaid fraud, Tricare fraud, and/or VA fraud that could result in millions or billions of dollars being recovered or saved by taxpayers. 

Pharmaceutical Representative Whistleblower Lawsuits, Medical Device Representative Whistleblower Lawsuits, Drug Marketing Executive Whistleblower Lawsuits, and Medicare Marketing Fraud Lawsuits

Pharmaceutical representative whistleblowers, medical device sales representative whistleblowers, and drug marketing executive whistleblowers are stepping up and exposing Medicare marketing fraud that is costing taxpayers billions.  The economic incentive for these pharmaceutical representative whistleblowers, medical device sale representative whistleblowers, and drug marketing executive whistleblowers is that if they are an original source with special knowledge of fraud and are the first to file, they receive a portion of the money that the government recovers.  Depending on the extent of the fraud, qui tam recoveries for the government can be in the billions of dollars and whistleblower recoveries can be in the hundreds of millions of dollars.

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 from retaliation.  

Original and Specialized Information of Fraud is Essential for Pharmaceutical Representative Whistleblower Lawsuits, Medical Device Sales Representative Whistleblower Lawsuits, Drug Marketing Whistleblower Lawsuits, and Medicare Marketing Fraud Lawsuits

As insiders, it is common for pharmaceutical representative whistleblowers, medical device sales representative whistleblowers, drug marketing representative whistleblowers, and other marketing executives to have specialized knowledge of marketing fraud and fraudulent marketing schemes.  As such, it is important for the pharmaceutical representative whistleblower, medical device sales representative whistleblower, drug marketing representative whistleblower, or other marketing executive whistleblower to obtain and preserve evidence of the marketing fraud.  Whether this evidence is in e-mail messages, memos, marketing plans, marketing materials, recordings, or other documents, it is important for the whistleblower to have evidence of the marketing fraud to present.  It is also often helpful to have fellow whistleblowers that can help build the Medicare Fraud or Off-Label Marketing Fraud case. 

Being the First to File on the Fraud is Essential for Recovery Under the False Claims Act and can Prevent Potential Criminal Liability in Pharmaceutical Representative Medicare Fraud, Medical Device Sales Representative Medicare Fraud, Drug Marketing Medicare Fraud, and other Medicare Marketing Fraud Lawsuits

It is also essential 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 make a large recovery for exposing the 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 fraud that was being committed and further be held liable for continuing criminal activity.

Pharmaceutical Representative Whistleblower Protection, Medical Device Sales Representative Whistleblower Protection, Drug Marketing Whistleblower Protection, and Medicare Marketing Fraud False Claims Act Whistleblower Protections

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.  

Drug Representative Off Label Drug Marketing Medicare Fraud Lawyer, Pharmaceutical Representative Medicare Marketing Fraud Lawyer, and Pharmaceutical Representative Whistleblower Qui Tam Lawyer (Off Label Marketing and Pharmaceutical Whistleblower False Claims Act Law Suits)

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

It is extremely important that pharmaceutical representative whistleblowers, medical device sales representative whistleblowers, and marketing executive whistleblowers continue to expose fraudulent marketing practices, billing practices, and unnecessary treatments that cost hundreds of billions of dollars.   A Medicare Marketing Fraud Whistleblower Lawyer can greatly assist the potential whistleblower by  helping avoid potential pitfalls in incorrectly reporting the fraud as well as helping prepare the evidence and the whistleblower for what is needed in a Medicare Pharmaceutical False Claims Act Lawsuit, Pharmaceutical Medicare Marketing Fraud Whistleblower Lawsuit, Medicare Medical Product Marketing Fraud Qui Tam Whistleblower Lawsuit, or other Medicare Health Care Fraud Whistleblower Lawsuit. 

For more information on pharmaceutical representative whistleblower lawsuits, medical device sales representative whistleblower lawsuits, and drug marketing executive whistleblower lawsuits, please feel free to go to the following webpage Drug Representative Whistleblower Lawyer Marketing Executive & Sales Rep Whistleblower Lawsuits.

Texas Oil Royalty Inheritance Probate Lawsuits, Trust Lawsuits, and Intestate Proceedings

Texas Oil Royalty Inheritance Lawsuits, Texas Mineral Interest Probate Lawsuits, Texas Mineral Interest & Oil Royalty Trustee Fraud Lawsuits, and Texas Oil and Gas Probate Lawsuits

Texas is a rich state for oil and gas production.  Since the Lucas No. 1 started spurting gas and oil on January 10, 1901, many gushers and rich oil wells have made oil and gas a main part of the Texas economy.  Throughout the 20th Century, the Texas economy moved from its rural, agricultural roots into the petroleum and industrial age.  Many Texas families became extremely wealthy through their oil royalties and mineral interests making millions and hundreds of millions of dollars.

Currently, about 2/3 of the 254 counties in Texas produce oil and there are vast amounts of wealth being made on the hundreds of millions of barrels of oil and vast amounts of gas that are produced in Texas each year.  Keeping track of who inherits this wealth and who are the rightful beneficiaries of royalties, leasing contracts, and mineral rights can often be complicated as mineral rights and royalty interests don't always transfer with surface rights.  Families and family trust funds can sometime lose vast amounts of wealth when negligent or fraudulent trustees, administrators, guardians, or executors fail to comply with their fiduciary duty.

 Texas Mineral Interest & Oil Royalty Rights can be Complicated to Track and can be Lost if Trustees, Executors, and Guardians Are Not Honest

Historically, land was transferred among owners with the mineral interests and royalty rights co-mingled with the surface rights. In Texas, through originally the power that controlled Texas lands originally held all mineral interests unless specifically granted to someone, the State granted surface land owners mineral rights in their land through constitutional provisions in 1866. 

This transfer made many families rich as the demand for oil and gas has increased from the late 19th Century to the present.  As oil and gas production began and expanded in Texas and throughout the United States, mineral rights started to be viewed and transferred independently of the surface rights.

According to Texas property law, two different forms of rights exist in real property including surface rights and mineral rights. Surface rights refer to any structure erected above the surface or sub-surface structures that do not exceed a certain depth, as well as rights to use all surface property surrounding structures in accordance with state, federal, and local law. Mineral rights refer to mineral substances below a certain depth and the way in which they are preserved, explored or extracted. These mineral substances can include natural gas, oil, or any other substance in common use today that can be mined or otherwise extracted from below the surface.

If mineral rights are severed from the surface rights, the process of separating mineral rights from the surface rights can be confusing and cause wealth to be lost.  In situations where mineral interests have been severed from the surface rights, a new and separate chain of title for the minerals begins and must be kept track of and properly recorded.  Failure to keep track of mineral interests can result in the loss of the mineral interest and loss of oil and gas royalties.

The danger of losing mineral interests including oil and gas royalties is especially dangerous when family trust funds are transferred through trusts.  One of the advantages of a trust is that it can pass property including mineral interests without going through the formal probate process.  Unfortunately, when property passes through a trust instead of the probate process, it can also create opportunities for a dishonest trustee to steal trust property as well as a negligent trustee to lose trust property as there is often less oversight than in the probate process.   

 Texas Mineral Interest Intestate Law, Texas Oil Royal Inheritance Lawsuit, and Texas Real Estate Inheritance Lawsuits & Options?  

 

Determining who inherits a person's property and possessions under Texas intestate law (died without a Will), often depends on whether the person was married at the time of their death and the relatives that the person leaves behind.  Marriage can be a complicating factor in determining inheritance under Texas law because intestate inheritance is based on the nature of the property as either community property or  separate property as well as the make up of the decedent's family including children and surviving heirs.  For more information on Texas Inheritance of Oil Royalties, Mineral Interests, and Real Estate please go to the following Web Page on Texas Heirship Laws and Determining Heirs when no Valid Will exists.

Texas Mineral Interest Will Probate Law Suits, Texas Oil Royalty Breach of Fiduciary Duty Executor Fraud Lawsuits, and Texas Real Estate Will Lawsuits

After a person dies, the Will and a death certificate need to be filed in the probate court or county court where the decedent resided when they died.  After both the Will and Death Certificate are filed with the proper court, a hearing has to held where the death of the decedent is proven, the Will is to be determined to be valid, and the executor is sworn in and appointed. 

This process is called probate a Will.  It is often helpful to have a probate lawyer assist at the executor at court in proving that the decedent actually died, the Will is valid, and the executor is qualified and able to serve as the executor.  Once the Will is probated and the executor is appointed the probate attorney assists in making sure that proper notices are given to creditors, locating assets, and preparing an inventory which needs to be filed with the court.   For more information on Texas Will Probate Proceedings feel free to go to our web page on Austin Will Probate Lawyer.

Texas Mineral Interest Will Contest Law Suits, Texas Oil Royalty Will Contest Lawsuits, and Texas Real Estate Will Contest Lawsuits

 

A Will Contest occurs when there is something wrong with a Will.  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.  For more information on Will Contests go to our web page on Texas Will Contest Lawsuits.

Texas Real Estate Trust Fraud Lawyer, Texas Mineral Interest Trustee Fraud Lawsuits, and Texas Negligent Trustee Oil Royalty Lawyers (Breach of Fiduciary Duty Lawsuits)

 

Trustees have a duty to provide an accurate accounting of property that is put in their safekeeping.  Failure of a trustee to prudently invest property or take care of these assets can lead to a breach of fiduciary lawsuit.  Unfortunately, there are trustees that will commit fraud and other wrongful acts to steal money from trusts and rightful beneficiaries.  Some of these banks and other trustees will take money that does not belong to them and treat it as their own.   Whether these negligent or fraudulent trustee are banks, family members, step relatives, or opportunists, it is important to have a Texas Trust Fraud Lawyer that can help seek compensation for the theft or negligent management of Trust Assets.

 

For more information on Texas Breach of Fiduciary Duty Trustee Lawsuits please go to our web page on Texas Trust Fund Fraud and Trustee Breach of Fiduciary Duty Lawsuits.

Texas Oil Royalty Inheritance Lawsuits, Texas Mineral Interest Probate Lawsuits, Texas Mineral Interest & Oil Royalty Trustee Fraud Lawsuits, and Texas Oil and Gas Probate Lawsuits

For more information on protecting Family Oil Royalty Inheritance or Reclaiming Oil Royal Inheritance, please feel free to go to the following webpage on Texas Oil Royalty Inheritance Lawsuits, Texas Mineral Interest Trustee Fraud Lawsuits, and Texas Real Estate Intestate Proceedings.

Whistleblower Protection Under the Federal False Claims Act and other federal statutes

Whistleblower Protection Laws

Whistleblower protection laws serve to prevent an employer from engaging in retaliatory conduct (making disparaging and defamatory comments, demoting whistleblowers, casting whistleblowers as troublemakers, suspending suspected whistleblowers, reducing or cutting pay, transferring the whistleblower, denying the whistleblower promotions, denying the whistleblower benefits, terminating the whistleblower on false charges, unlawfully releasing personal information about the whistleblower, isolating the whistleblower from other employees or information, and threatening the whistleblower) against an individual that has blown the whistle on fraudulent conduct and unlawful conduct including False Claims Act Lawsuits.

There are a variety of types of whistleblower protection statutes that may apply to a particular whistleblower action.  The main goal of these statutes is to offer protection to heroes and whistleblowers that are strong and brave enough to stand up to corporations and senior executives that are fraudulently stealing from the United States government, state government, or local governments or intentionally violating health and safety laws.   

Whistleblower Protection Under the Federal False Claims Act

The Federal False Claims Act has strong whistleblower protection provisions that protect Qui Tam False Claims Act whistleblowers from retaliatory actions by violators of the Federal False Claims Act.

Under Section 3730(h) of the False Claims Act, "[a]ny employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this section, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this section, shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An employee may bring an action in the appropriate district court of the United States for the relief provided in this subsection."

As such, any employer that discharges, demotes, harasses, or otherwise discriminates against a Federal False Claims Act Whistleblower because of lawful acts by the employee in furtherance of an action under the Federal False Claims Act can be liable to that Federal False Claims Act whistleblower for reinstatement, double back pay, and compensation for any special damages including litigation costs and reasonable attorneys' fees. 

Fraud Enforcement and Recovery Act of 2009 Expanded Whistleblower Protections to Include Subcontractors and Grantees (May 2009)

In May 2009, the Fraud Enforcement and Recovery Act of 2009 was signed into law which made important amendments to the Federal False Claim Act.  Included in these Amendments, the Act 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 that commit Medicare Fraud and other forms of Health Care Fraud against the United States Government.  It should also extend False Claim Act whistleblower protections to employees of health care providers that are subcontractors receiving Medicare benefits or grantees of federal government grants.

The Act also expands 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, allow the Federal Government to crack down on fraud and wasteful spending as well as recoup money that has been fraudulently obtained, and help protect False Claims Act Whistleblowers from unlawful retaliatory actions.

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.

Whistleblower Protection Laws

For more information on whistleblower protection laws under the Federal False Claims Act and other federal statutes, feel free to go to the following webpage on Federal False Claims Act Whistleblower Protection.