Understanding Texas Civil Law After a Fatal or Catastrophic Injury Drunk Driver Collision

Understanding Texas Civil Law After a Fatal or Catastrophic Injury Drunk Driver Collision by Texas Lawyer Jason S. Coomer

Every year thousands of Texans are killed or seriously injured by the negligence of drunk drivers, intoxicated drivers, and drivers under the influence of drugs or alcohol. Many of the people that are killed by drunk and intoxicated drivers, leave behind spouses, parents, children, and other loved ones that are devastated by their loss. This article is designed to provide general information regarding Texas law to families that have lost a loved one in a fatal drunk driver collision or have had a loved one permanently injured through the wrongful actions of a drunk driver. For specific information on particular case, it is important to contact an experienced Texas lawyer familiar with fatal accidents, catastrophic injury crashes, and drunk driver collisions.

The Grieving Process: Aftermath of a Fatal Collision

Losing a loved one is one is one of the most difficult experiences that a person can go through. This is especially true when the loss is a result of a sudden, accidental, unexpected or traumatic death. This sudden loss can shatter the world as we know it and make us realize that life is not always fair and leave us feeling shaken, unsure and vulnerable.

The grief response following sudden loss is often intensified since there is little to no opportunity to prepare for the loss, say good-bye, finish unfinished business or prepare for bereavement. Families and friends are suddenly forced to face the loss of a loved one instantaneously and without warning. This type of loss can generate intense grief responses such as shock, anger, guilt, sudden depression, despair and hopelessness.

Along with the primary loss of the person, families and loved ones may experience concurrent crises and multiple secondary losses: lost income, loss of home, loss of social status. The role the loved one held in the family is gone. It takes time for the family to reorganize. Family may be left feeling in a state of perpetual disarray with a lingering sense of unease and disorganization. Marital and other family relationships can become strained. Additionally, there are other immediate issues that come up including dealing with funeral arrangements, probate issues, medical expenses, pending criminal charges against the drunk driver, and the loss of income. These issues can often prevent a person from seeking assistance in investigating and potentially filing a wrongful death and survival action civil lawsuit against the drunk driver.

Texas Fatal Injury Law Suits and Claims: Texas Survival Action Claims, Texas Insurance Claims, and Texas Wrongful Death Claims

Under Texas law, Parents, Children, and Spouses of persons killed by drunk drivers have potential wrongful death claims against the drunk driver that killed their mother, father, husband, wife, son, or daughter. Through these wrongful death lawsuits and survival actions the relatives of a person killed by a drunk driver can often recover from the drunk driver's insurance company, the drunk driver, parent that provided alcohol to minors that were driving, or the bar where the drunk was drinking.

The Wrongful Death Claim seeks money compensation for the parents, spouse and children of the decedent based on a variety of factors including:

- Loss of love, companionship, comfort, assistance, protection, affection or care
- Loss of financial support
- Lost benefits, such as insurance, from the death
- Loss of inheritance from an untimely death

It is however important to realize that there is a two year statute of limitation on these wrongful death lawsuits. Though it is often difficult to deal with the loss of a loved one immediately after losing the person, it is extremely important not to wait beyond two year to act or the cause of action may be lost.

Also under Texas law, the estate of the person that was killed has a potential claim called a "survival action". The survival action are claims for what the decedent would have recovered had the person survived the accident. These claims travel through the decedent's estate and either go to their heirs or beneficiaries depending if the person had done any estate planning. These damages include:

- Expenses associated with the death including funeral costs
- Medical expenses prior to the death
- Pain and suffering associated with the untimely death

In addition to seeking compensation from defendants responsible for the accidental death of a loved one, insurance can often provide compensation for the loss of a loved one. Accidental Death Policies, Life Insurance Policies, Homeowners Insurance, General Commercial Insurance Policies, UM policies, and Automobile Accident Liability Policies are all types of insurance that can compensate widows and Texas families for the accidental death of a loved one in a drunk driver accident. Most insurance policies must be triggered within a certain time of the death or injury and will not be automatically triggered. A formal demand typically must be made to trigger these insurance policies.

The Grieving Process: Aftermath of a Catastrophic Injury Collision

In addition to losing a loved one, a catastrophic injury caused by drunk driver collision can also shatter the world of a family as we know it. Having a loved one suffer severe brain damage, loss of use of their arms or legs, suffering severe back injuries, or suffering multiple bone fractures can create large medical expenses, the need for 24 hour in home nursing care, lost income, end of a career, loss of a care taker, and many other damages that can dramatically change a family's world.

Not only does the family have to deal with the loss of their world, they also need to focus on preparing and rebuilding their lives. In these situations, it can also be difficult to find the time and energy to find a good Texas lawyer that can assist the family in investigating and potentially filing a catastrophic injury lawsuit.

Texas Catastrophic Injury Law Suits and Claims: Texas Minors' Claims, Texas Parents' Claims, and Texas Insurance Claims

There are also several different types of compensation that may be available under Texas law and insurance coverage to people injured in a vehicle collision. One of the most misunderstood claims in that of minors. When a minor is severely injured in a collision both the minor and the minor's parents or guardians may have claims under Texas law for different types of damages. While the minor's claims typically exist until two years after the minor's 18th birthday, the parent's claims for the medical expenses typically only are viable for two years after the statute of limitations. It is important to discuss these potential claims and any other potential claims that may exist under Texas law or insurance policies with an experienced Texas lawyer that understands catastrophic injury cases.

Avoiding Opportunists and Vultures

Unfortunately, after a fatal or catastrophic injury crash, numerous unethical people will often contact families to take advantage of the situation. From case runners working for chiropractors and unethical lawyers to insurance adjusters looking to avoid liability, families of those killed or severely injured are too often the target of opportunists that will start contacting a family after collision. Most troubling are those that show up or call after a collision.

In dealing with these opportunists, it is important not to sign away any rights or give a recorded statement until you have had the opportunity to speak with an experienced catastrophic injury or fatal collision lawyer.

Boating and Driving Under the Influence is against Texas Law

Driving on our roads is a necessary risk we all have to take, but driving becomes increasingly dangerous with drunk drivers are carelessly and recklessly driving on our roads. In Texas, there are laws against drunk driving and driving under the influence of drugs or alcohol, but too many drivers do not respect these laws and recklessly drive causing many automobile collisions.

Under Texas law, a driver is considered drunk or under the influence if they do not have the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body or if they have a blood alcohol concentration of over .08. And it is against Texas law for drunk drivers to operate motor vehicles, water craft, and air craft. If the drunk driver causes an automobile accident or boating accident that causes serious injuries or death, they can be charged under Texas law with intoxication assault or intoxication manslaughter both serious felonies.

Texas Fraternity Hazing & Night Club Law Suits

Fatal DWI Automobile Accidents can also be caused by businesses and fraternities that knowingly serve patrons too much alcohol. There are many bars, night clubs, party hosts, and restaurants that serve customers that have already drunk too much alcohol. Under Texas law a bar, night club, or restaurant that serves a drunk person alcohol can be held liable if they let that intoxicated person drive and the intoxicated person causes a serious or fatal automobile accident. For more information on Texas Dram Shop lawsuits, go to our page on Texas Dram Shop Claims.

Texas Drunk Driver Wrongful Death Lawsuits and
Texas Wrongful Death Claims

Texas DWI Accident Lawyer Jason Coomer works with district attorneys to make sure that drunk drivers that cause serious accidents are prosecuted as well as seeks compensation for the families that have lost loved ones due to drunk drivers.

He has also worked hard to prevent future fatal accidents and make sure that fatal accidents do not occur in the same manner. Through his efforts, policies and safety regulations throughout North America have been changed to make work places safer. He has also worked hard to obtain compensation for those left behind including reimbursement for medical bills, funeral costs, lost future earnings, pain & suffering, and other damages suffered.

Whether a person is accidentally killed by a hazardous defect or the carelessness of another, individuals often need assistance in dealing with and seeking just compensation from insurance companies and large corporations. Corporations that carelessly kill a person will all too often spend a lot of money fighting the claim instead of compensating the family for the loss and fixing the problem. Unfortunately, insurance companies are often the same way. Having an experienced wrongful death attorney on your side can force large corporations and insurance companies to do the right thing and value life and safety above profits.

If you have lost a loved one and that loved one was killed through the negligence of a drunk driver, feel free to go to the website of the Law Offices of Jason S. Coomer.

Asbestos Exposure Lawsuits, Secondary Exposure Lawsuits, Asbestos Cancer Lawsuits, and Mesothelioma Lawsuits by Texas Mesothelioma Lawyer

Information on Mesothelioma and Asbestos Exposure

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.

If someone you know has mesothelioma or other form of cancer related to Asbestos exposure it is important that they get the best medical care that they can find and that the source of their exposure is stopped. If you have any questions feel free to send an e-mail to Texas Asbestos Mesothelioma Lawyer, Jason Coomer.

Asbestos Secondary Exposure Lawsuits by Mesothelioma Secondary 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 secondary exposure claims 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 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

Diagnosis of Mesothelioma

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.

If someone you know has mesothelioma or other form of cancer related to Asbestos exposure it is important that they get the best medical care that they can find and that the source of their exposure is stopped. If you have any questions feel free to send an e-mail to Texas Asbestos Mesothelioma Lawyer, Jason Coomer.

Other Asbestos Primary Exposure Worker & Construction Worker Claims

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.

Asbestos Secondary Exposure is Still Occurring

The families and spouses of these hardworking construction workers that are tearing down asbestos filled buildings, refineries, and manufacturing plants are still receiving asbestos exposure from construction and demolition companies that do not take proper asbestos abatement procedures. Wives and children of these construction workers greet their hard working husbands and fathers at home and unknowingly receive exposure to high levels of asbestos fibers that can cause mesothelioma and asbestos diseases later in life.

Symptoms of Mesothelioma

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.

If someone you know has mesothelioma or other form of cancer related to Asbestos exposure it is important that they get the best medical care that they can find and that the source of their exposure is stopped. If you have any questions feel free to send an e-mail to Texas Asbestos Mesothelioma Lawyer, Jason Coomer.

Mesothelioma Treatment

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.

If someone you know has mesothelioma or other form of cancer related to Asbestos exposure it is important that they get the best medical care that they can find and that the source of their exposure is stopped. If you have any questions feel free to send an e-mail to Texas Asbestos Mesothelioma Lawyer, Jason Coomer

Asbestos Cancer Lawsuits, Mesothelioma Lawsuits, and Mesothelioma Seconday Exposure Lawsuits handled by Texas Asbestos Lawyers and other Mesothelioma Lawyers

As a Texas Mesothelioma Lawyer, Jason Coomer commonly works with other Asbesto Mesothelioma Lawyers on cases throughout the United States. He handles mesothelioma lawsuits, asbestos cancer lawsuits, and asbestos exposure lawsuits including asbestos product dumping lawsuits, asbestos secondary exposure lawsuits, asbestos death lawsuits, asbestos premises liability lawsuits, asbestos negligence abatement lawsuits, asbestos non-subscriber lawsuits, and other asbestos exposure lawsuits that have caused mesothelioma or other asbestos cancer.

He has worked on a wide variety of asbestos cases and has had the opportunity to work with and against some excellent asbestos mesothelioma lawyers including Dallas Mesothelioma Lawyers, Houston Asbestos Mesothelioma Lawyers, San Antonio Mesothelioma Lawyers, and Austin Mesothelioma Lawyers. He prides himself on working hard for his clients.

For more information on this topic please go to the following webpage Asbestos Exposure Lawsuits, Asbestos Secondary Exposure Lawsuits, Asbestos Cancer Lawsuits, and Mesothelioma Lawsuits by Texas Asbestos Mesothelioma Lawyer Jason S. Coomer

Federal Spending, Government Fraud Lawsuits, Federal False Claims Lawsuits, False Certification Claims Lawsuits, and Qui Tam Lawsuits

Federal Spending, Government Fraud Lawsuits, Federal False Claims Lawsuits, False Certification Claims Lawsuits, and Qui Tam Lawsuits

Over the past several years spending by the Federal government has increased substantially including Medicare and Health Care Spending, Defense Spending, Public Works Spending, Bailout Spending, Road Construction Spending, Local Government Spending, and Public Health Spending. For more information on Federal government spending, please go to the following web pages on Federal government spending Fedspending.org, Stimulus Plan, USASpending.gov, and Recovery.gov.

With the sharp increase in Federal Government Spending has come unethical wrongdoers, that have committed fraud, made false claims, and submitted false certifications in order to steal millions and even billions of dollars from the United States Government. To prevent theft and fraud, the government has recently enacted regulation that expands the Federal False Claims Act and expands protections for whistleblowers. This expansion of the Federal False Claims Act was intended to encourage whistleblowers to step forward and blow the whistle on fraud against the government to which they have specialized knowledge and are the original source. The expansion also provides new protections to protect whistleblowers from retaliation for filing false claims act claims.

Under the Federal False Claims Act, fraudulent or false claims by persons or corporations made for payment or approval by the United States Government can be the basis of relator qui tam claims in which the relator or whistleblower can obtain a portion of the money recovered by the government for exposing the fraud. Whistleblowers have successfully helped the United States Government recover Billions of Dollars for wrongdoers. Some common area of fraud against the United States Government include government contractors seeking payment for services not provided; government contractors over billing and double billing; health care providers seeking Medicare reimbursement for services not provided or upcoded services; Pharmaceutical companies seeking Medicare payments for off-label drugs, patent fraud, defective vaccine fraud, or poor quality goods; defense contractors seeking payment for poor quality products, defective weapons, or not provide services; road contractors falsely certifying services completed or hours worked; TARP recipients making false statements to obtain TARP funds; and subcontractors falsely certifying services or goods were provided when they were not.

Many other forms of fraud that can lead to successful qui tam claims also exist. The key is to obtain evidence of a fraudulent act or false certification that has been made for the purpose of obtaining money from the United States government. To be a successful qui tam claim the relator must be the original source with specialized knowledge of the fraud.

Federal False Claim Act Whistleblower Lawyers and Federal False Claims Act Fraud Lawsuits (Qui Tam Lawyers & Relator Claims)

If you are aware of Medicare Fraud, Defense Contractor Fraud, Stimulus Fraud, Government Contractor Fraud, or other government fraud and are the original source with special knowledge of fraud, it is important to step forward and become a whistleblower and an American Hero. For more information on specific types of Federal False Claims Act Whistleblower Lawsuits or False Certification Whistleblower Lawsuits feel free to go to the following web pages: Federal False Certification Whistleblower Lawsuits, Health Care Fraud lawsuit, Medicare and Medicaid Fraud Lawsuit, Defense Contract Fraud Lawsuit, and Government Fraud Lawsuits.

Texas Probate Law, Inheritance, and Out of State Relatives

Texas Will Probate Lawyer and Texas Estate Lawyer for Out of State Relatives

Many families have spread out throughout the United States and around the World. For many families, gone is the time where several generations live with in a few miles of each other in the same town, city, or county. This disbursement of families throughout the United States and the World can make if difficult when a family member in Texas passes away.

For the family member that lives out of state and has never been through the Texas probate process, Texas Probate Law and Texas Probate Courts can be overwhelming. At a time when they want to grieve the loss of their loved one, they are forced to deal with difficult issues including:

1) Who should be in control of their loved ones' estate?
2) What needs to be done to have an administrator or executor appointed?
3) What is probate & non-probate property?
4) What should be done to protect estate property?
5) How does someone probate a Will?
6) How should estate property be transferred to beneficiaries? Can it be sold?

It is often helpful to speak with and hire a Texas probate lawyer to help take care of many of the probate issues. A Texas probate lawyer can help "out of town" relatives through the probate process and taking care of the ir loved ones' estate. This is extremely helpful when relatives and loved ones want to focus on the grieving process instead of learning Texas Probate Law and navigating Texas Probate Courts.

Locating Unclaimed Texas Wealth, Estate Assets, and Non-Probate Assets (Real Estate, Oil Interests, Bank Accounts, & Stock)

In addition to what is inherited, there is a significant amount of unclaimed wealth including bank accounts, houses, oil interests, safety deposit boxes, stocks, and other wealth that is forgotten about. In our modern society families don't always live close and some wealth is lost or forgotten. Death or incapacity is not always anticipated and many people will unfortunately loose track of stocks, bank accounts, oil interests, and other wealth. It is a good idea to keep a safety deposit box with an inventory of all your assets and have people that you trust that can get access to your safety deposit box should something happen to you.

It is also becoming more common for family members not living close to a recently deceased relative to not know how to handle a probate matter or have enough money to clear title to property. In these instances it is good to locate a local attorney that can assist in appraising an estate including real estate and houses to determine if it would be beneficial to probate an estate or to determine the most efficient method to clear title to property.

Locating Unclaimed Texas Wealth, Estate Assets, and Non-Probate Assets (Real Estate, Oil Interests, Bank Accounts, & Stock)

In addition to what is inherited, there is a significant amount of unclaimed wealth including bank accounts, houses, oil interests, safety deposit boxes, stocks, and other wealth that is forgotten about. In our modern society families don't always live close and some wealth is lost or forgotten. Death or incapacity is not always anticipated and many people will unfortunately loose track of stocks, bank accounts, oil interests, and other wealth. It is a good idea to keep a safety deposit box with an inventory of all your assets and have people that you trust that can get access to your safety deposit box should something happen to you.

It is also becoming more common for family members not living close to a recently deceased relative to not know how to handle a probate matter or have enough money to clear title to property. In these instances it is good to locate a local attorney that can assist in appraising an estate including real estate and houses to determine if it would be beneficial to probate an estate or to determine the most efficient method to clear title to property.

Austin Texas Inheritance Lawyer, Jason Coomer helps families evaluate the estates of their lost loved ones to determine if a full probate is necessary and if so if the probate is economically feasible.

Austin Texas Estate, Probate, and Inheritance Lawyer

Austin Texas Probate Lawyer Jason Coomer handles Texas Probate matters including probating Wills, helping Executors, drafting Wills, contesting Wills, filing Suits to Determine Rightful Heirs of property and estates, filing Small Estate Affidavits, filing Affidavits of Heirship, filing Applications for Guardianships, fighting Involuntary Guardianships, filing Guardianship Reports, filing breach of fiduciary duty claims, estate planning, and clearing title to property & assets.

Texas Will Contest Lawyer, Texas Will Probate Lawyer, and Texas Estate Lawyer Handles Probate and Estate Matters for Out of State Beneficiaries and Heirs as well as Grieving Loved Ones
(Texas Will Contest, Estate, and Probate Lawyer Jason Coomer)

Texas Will Contest, Will Probate, and Estate Lawyer Jason Coomer represents heirs, family members, and beneficiaries including those from out of state that need to have a Will probated, a Will contested, or an Estate taken through probate. He probates Wills and contests Wills in the Austin Area including Travis County, Williamson County, Bexar County, and Hays County as well as works with other Texas probate lawyers across Texas including Dallas, Houston, San Antonio, Fort Worth, Dallas County, Harris County, Fort Bend County, and Tarrant County.

For more information on this Austin Texas Estate Lawyer for an Austin Texas Will Probate or Travis County Estate Matter, feel free to go to the following web page, Austin Texas Will Probate and Estate Lawyer.

Off-Label Drug Marketing and Off-Label Pharmaceutical Marketing Medicare Fraud Lawsuits

Off-Label Drug Marketing and Off-Label Pharmaceutical Marketing Medicare Fraud Lawsuits

Off-label marketing is the practice of pharmaceutical marketing professionals creating financial incentives and pressuring doctors to prescribe pharmaceuticals for an unapproved uses. In the United States, the Food and Drug Administration Center for Drug Evaluation and Research (CDER) reviews a company's New Drug Application (NDA) for data from clinical trials to see if the results support the drug for a specific use or indication. If satisfied that the drug is safe and effective, the drug's manufacturer and the FDA agree on specific language describing dosage, route of administration, and other information to be included on the drug's label. More detail is included in the drug's package insert.

The Federal Food Drug and Cosmetic Act (”FDCA”), provides a specific regulation process for the approval of new drugs and new drug formulations intended to be marketed for use in interstate commerce. Under the FDCA, a new drug product cannot be marketed unless the FDA approves the product and determines that it is safe and effective for its intended use. When the FDA approves a drug, it approves the drug only for the particular use for which it was tested, but after the drug is approved for a particular use, the FDCA does not regulate how the drug may be prescribed by doctors. Thus, a drug that has been tested and approved by the FDA for one use only can also be prescribed by a physician for another use, known as off-label. Though physicians may prescribe drugs for off-label usage, the FDA prohibits drug manufacturers from marketing or promoting a drug for a use that the FDA has not approved.

In the past ten years some pharmaceutical marketing departments have found it extremely profitable to market their drug for non-FDA approved uses. The FDA's inability to regulate physicians allowed the drug company marketing departments and drug representatives to set up elaborate schemes to encourage physicians to prescribe drugs for off-label uses including misleading doctors as to the efficacy of a drug for a particular treatment and forms of kickbacks including vacations, conferences, initial free samples, hiring physician's families.

Penalties for Off-Label Drug Marketing and Whistleblower Rewards for Stopping Off-Label Pharmaceutical Marketing

Pfizer has paid a total of $2.75 billion in off-label penalties since 2004 which is a little more than 1 percent of the company’s revenue of $245 billion from 2004 to 2008.

JUSTICE DEPARTMENT ANNOUNCES LARGEST HEALTH CARE FRAUD SETTLEMENT IN ITS HISTORY

Pfizer To Pay $2.3 Billion For Fraudulent Marketing

WASHINGTON – American pharmaceutical giant Pfizer Inc. and its subsidiary Pharmacia & Upjohn Company Inc. (hereinafter together “Pfizer”) have agreed to pay $2.3 billion, the largest health care fraud settlement in the history of the Department of Justice, to resolve criminal and civil liability arising from the illegal promotion of certain pharmaceutical products, the Justice Department announced today.

Pharmacia & Upjohn Company has agreed to plead guilty to a felony violation of the Food, Drug and Cosmetic Act for misbranding Bextra with the intent to defraud or mislead. Bextra is an anti-inflammatory drug that Pfizer pulled from the market in 2005. Under the provisions of the Food, Drug and Cosmetic Act, a company must specify the intended uses of a product in its new drug application to FDA. Once approved, the drug may not be marketed or promoted for so-called “off-label” uses – i.e., any use not specified in an application and approved by FDA. Pfizer promoted the sale of Bextra for several uses and dosages that the FDA specifically declined to approve due to safety concerns. The company will pay a criminal fine of $1.195 billion, the largest criminal fine ever imposed in the United States for any matter. Pharmacia & Upjohn will also forfeit $105 million, for a total criminal resolution of $1.3 billion.

In addition, Pfizer has agreed to pay $1 billion to resolve allegations under the civil False Claims Act that the company illegally promoted four drugs – Bextra; Geodon, an anti-psychotic drug; Zyvox, an antibiotic; and Lyrica, an anti-epileptic drug – and caused false claims to be submitted to government health care programs for uses that were not medically accepted indications and therefore not covered by those programs. The civil settlement also resolves allegations that Pfizer paid kickbacks to health care providers to induce them to prescribe these, as well as other, drugs. The federal share of the civil settlement is $668,514,830 and the state Medicaid share of the civil settlement is $331,485,170. This is the largest civil fraud settlement in history against a pharmaceutical company.

Pharmaceutical Marketing Executives, Drug Representatives, Lawyers, Hospital Administrators, Health Care Professionals, Accountants, Benefit Coordinators, Drug Representatives, Marketing Professionals, Physicians as Health Care Fraud and Qui Tam Whistleblowers Are Stepping Forward to File Health Care Billing Fraud Law Suits (Off-Label Pharmaceutical Whistleblower Qui Tam Law Suits)

Through Whistleblower Lawsuits, Qui Tam Lawsuits, and other Health Care Fraud Lawsuits, hundreds of billions of dollars have been recovered from individuals and organizations that have committed health care fraud and stolen large amounts of money from the government. It is extremely important that Whistleblowers continue to expose fraud schemes, off-label marketing schemes, illegal kickbacks, fraudulent billing practices and unnecessary treatments that cost hundreds of billions of dollars. For more information on this topic including Off-Label Drug Medicare Fraud Lawyers, go to the following web page Off-Label Pharmaceutical Medicare Fraud Whistleblower Lawsuits.

Reglan Tardive Dyskinesia Lawsuits and GERD Treatment Lawsuits

Reglan Tardive Dyskinesia Neurological Disorder Lawsuits
(GERD and GER Drug Reaction Lawyer)

Tardive dyskinesia is a neurological disorder that exhibits itself through repetitive, involuntary, & purposeless movements like grimacing; tongue protrusion; lip smacking, puckering & pursing; and rapid eye blinking. Victims of tardive dyskinesia also can exhibit rapid & involuntary movements of the arms and legs. The neurological disorder can be caused by Reglan Tablets, Reglan Oral Disintegrating Tablets, Metoclopramide Oral Solution, and Reglan Injections.

Reglan Tardive Dyskinesia Lawsuits (GER and GERD Malpractice Lawsuits)

Gastroesophageal reflux disease (GERD) is a more serious form of gastroesophageal reflux (GER), which is common. GER occurs when the lower esophageal sphincter (LES) opens spontaneously, for varying periods of time, or does not close properly and stomach contents rise up into the esophagus. GER is also called acid reflux or acid regurgitation, because digestive juices—called acids—rise up with the food.

When acid reflux occurs, food or fluid can be tasted in the back of the mouth. When refluxed stomach acid touches the lining of the esophagus it may cause a burning sensation in the chest or throat called heartburn or acid indigestion. Occasional GER is common and does not necessarily mean one has GERD. Persistent reflux that occurs more than twice a week is considered GERD, and it can eventually lead to more serious health problems. People of all ages can have GERD.

An estimated two-thirds of all infants suffer from GER, though the pathological condition called GERD (gastroesophageal reflux disease) affects approximately only one in 300 babies.

Reglan is a neuroleptic medication used to treat gastrointestinal problems that have had many cases of Tardive Dyskinesia reported in response to it. Reglan is supposed to increase the stomach and small intestine contractions to help the passage of food. As every medication, Reglan has side effects associated to it and some of them are very serious. In February 1996, the FDA warned that Reglan causes an increased risk of Parkinsonism.

Reglan is a dopamine antagonist that increases lower esophageal sphincter pressure and improves gastrointestinal emptying. The FDA approved Reglan, which is manufactured by Baxter Healthcare Corporation, for short-term treatment (between 4 and 12 weeks) of these conditions only after conservative methods of treatment have failed. However, it is common that patients are prescribed Reglan for longer than 12 weeks, which is against FDA recommendations.

This is problematic because prolonged use of Reglan can cause Tardive Dyskinesia, a serious and often irreversible movement disorder. Infants who are given Reglan appear to be at an even greater risk for this serious drug side effect.

The symptoms a person can experience from Tardive Dyskinesia can vary from mild barely noticeable facial ticks and involuntary movements to severe problems. Severe cases of Tardive Dyskinesia can have a significant impact on a person's life disabling them from normal functioning. Severe facial ticks and involuntary body movements can be extremely embarrassing cause a person to withdraw from social interactions.

FDA Requires Boxed Warning for Reglan and other Metoclopramide Containing Drugs (Tardive Dyskinesia GER and GERD Lawsuits)

On February 26, 2009, the U.S. Food and Drug Administration announced that manufacturers of metoclopramide, a drug used to treat gastrointestinal disorders, must add a boxed warning to their drug labels about the risk of its long-term or high-dose use. Chronic use of metoclopramide has been linked to tardive dyskinesia, which may include involuntary and repetitive movements of the body, even after the drugs are no longer taken.

Reglan Tardive Dyskinesia Neurological Disorder Lawsuits
(GERD and GER Drug Reaction Reglan Lawyer)

For more information on how the use of metoclopramide and Reglan have been linked to tardive dyskinesia and other causes of Tardive Dyskinesia, please go to the following website, Reglan Tardive Dyskinesia Lawsuits, Gastroenterologist malpractice Lawsuits, and GERD/GER Drug Reaction Neurological Disorder Lawsuits.

Neurontin Suicide Lawsuits, Gabapentin Off-Label Use Lawsuits and Neurontin Attempted Suicide Lawsuits

Neurontin Suicide Lawsuits (Off-label Gabapentin Suicide Lawyer)

Gabapentin (brand name Neurontin) is a GABA analogue. It was originally developed for the treatment of epilepsy, but has been aggressively marketed for many off-label uses including to relieve pain, migraine headaches, neuropathic pain, nystagmus, Complex Regional Pain Syndrome, mood-stabilizing treatment for bipolar disorder, menopausal hot flashes, and idiopathic subjective tinnitus. The FDA has issued a warning of an increased risk of suicidal thoughts and behaviors in patients taking gabapentin.

Neurontin FDA Actions and Warnings (Gabapentin Suicide Lawsuits)

The U.S. Food and Drug Administration (FDA) has issued a warning of an increased risk of suicidal thoughts and behaviors in patients taking gabapentin. An independent analysis by the FDA showed that anticonvulsant drugs, including gabapentin, can increase suicidal thoughts in patients. The approved label for Neurontin now includes a warning about an increased risk of suicidal thoughts or actions and a guide to help patients understand this risk.

Off-Label Marketing Claims and Off-Label Marketing Lawsuits

The Federal Food Drug and Cosmetic Act (”FDCA”), provides a systematic scheme for the approval of new drugs and new drug formulations intended to be marketed for use in interstate commerce. Under the FDCA, a new drug product cannot be marketed unless the FDA approves the product and determines that it is safe and effective for its intended use. When the FDA approves a drug, it approves the drug only for the particular use for which it was tested, but after the drug is approved for a particular use, the FDCA does not regulate how the drug may be prescribed. Thus, a drug that has been tested and approved for one use only can also be prescribed by a physician for another use, known as “off-label.”

Though physicians may prescribe drugs for off-label usage, the FDA prohibits drug manufacturers from marketing or promoting a drug for a use that the FDA has not approved. A manufacturer illegally “misbrands” a drug if the drug’s labeling includes information about its unapproved uses. A drug is deemed misbranded unless its labeling bears adequate directions for use. The courts have agreed with the FDA that the FDCA requires information not only on how a product is to be used (e.g. dosage and administration), but also on all the intended uses of the product. Oral statements and materials presented at industry-support scientific and educational activities may provide evidence of a product’s intended use. If these statements or materials promote a use that is inconsistent with the product’s approved labeling, the product is misbranded under the FDCA for failure to bear labeling with adequate directions for all intended uses.

Gabapentin (brand name Neurontin) has been aggressively marketed for many off-label uses including to relieve pain, migraine headaches, neuropathic pain, nystagmus, Complex Regional Pain Syndrome, mood-stabilizing treatment for bipolar disorder, menopausal hot flashes, and idiopathic subjective tinnitus. This off-label marketing for Neurontin is a serious problem in that the FDA has issued a warning of an increased risk of suicidal thoughts and behaviors in patients taking Neurotin.

It is estimated that over 90 percent of Pfizer's revenue from Neurontin which is in the billions of dollars is from off-label use.

FDA Requires Warnings about Risk of Suicidal Thoughts and Behavior for Antiepileptic Medications

In December 2008, the U.S. Food and Drug Administration announced it will require the manufacturers of antiepileptic drugs to add to these products' prescribing information, or labeling, a warning that their use increases risk of suicidal thoughts and behaviors (suicidality). The action includes all antiepileptic drugs including those used to treat psychiatric disorders, migraine headaches and other conditions, as well as epilepsy.

The FDA is also requiring the manufacturers to submit for each of these products a Risk Evaluation and Mitigation Strategy, including a Medication Guide for patients. Medication Guides are manufacturer-developed handouts that are given to patients, their families and caregivers when a medicine is dispensed. The guides will contain FDA-approved information about the risks of suicidal thoughts and behaviors associated with the class of antiepileptic medications.

"Patients being treated with antiepileptic drugs for any indication should be monitored for the emergence or worsening of depression, suicidal thoughts or behavior, or any unusual changes in mood or behavior," said Russell Katz, M.D., director of the Division of Neurology Products in the FDA's Center for Drug Evaluation and Research. " Patients who are currently taking an antiepileptic medicine should not make any treatment changes without talking to their health care professional."

The FDA today also disseminated information to the public about the risks associated with antiepileptic medications by issuing a public health advisory and an information alert to health care professionals. Health care professionals should notify patients, their families, and caregivers of the potential for an increase in the risk of suicidal thoughts or behaviors so that patients may be closely observed.

The FDA's actions are based on the agency's review of 199 clinical trials of 11 antiepileptic drugs which showed that patients receiving antiepileptic drugs had almost twice the risk of suicidal behavior or thoughts (0.43 percent) compared to patients receiving a placebo (0.24 percent). This difference was about one additional case of suicidal thoughts or behaviors for every 500 patients treated with antiepileptic drugs instead of placebo.

Four of the patients who were randomized to receive one of the antiepileptic drugs committed suicide, whereas none of the patients in the placebo group did. Results were insufficient for any conclusion to be drawn about the drugs' effects on completed suicides. The biological reasons for the increase in the risk for suicidal thoughts and behavior observed in patients being treated with antiepileptic drugs are unknown.

The FDA alerted health care professionals in January 2008 that clinical trials of drugs to treat epilepsy showed increased risk of suicidal thoughts and actions. In July 2008, the FDA held a public meeting to discuss the data with a committee of independent advisors. At that meeting the committee agreed with the FDA's findings that there is an increased risk of suicidality with the analyzed antiepileptic drugs, and that appropriate warnings should extend to the whole class of medications. The panel also considered whether the drugs should be labeled with a boxed warning, the FDA's strongest warning. The advisers recommended against a boxed warning and instead recommended that a warning of a different type be added to the labeling and that a Medication Guide be developed.

Acting under the authorities of the Food and Drug Administration Amendments Act of 2007 (FDAAA), the FDA is requiring manufacturers of antiepileptic drugs to submit to the agency new labeling within 30 days, or provide a reason why they do not believe such labeling changes are necessary. In cases of non-compliance, FDAAA provides strict timelines for resolving the issue and allows the agency to initiate an enforcement action if necessary.

Neurontin Suicide Lawsuits, Gabapentin Attempted Suicide Lawsuits, and Neurontin Off-label Use Suicide Lawsuits

For more information on this topic, please go to the following web page on Neurontin Off-label Use Suicide and Attempted Suicide Lawsuits.

YAZ and Yasmin Birth Control Medication Lawsuits

Birth Control Medication Lawsuits (Yaz, Yasmin, and Ocella Birth Control Drug Lawsuits)

YAZ, Ocella, and Yasmin are oral contraceptives that produced over $1 Billion in sales in the United States and $1.8 Billion worldwide in 2008. These birth control pills are oral contraceptives that have been heavily marketed by Bayer HealthCare Pharmaceuticals, Inc., however, the FDA has found that past marketing campaigns were misleading as it minimized the potential health risks that have been associated with these oral contraceptives. These health risks include sudden death, cardiovascular problems, blood clots, heart attacks, stokes, and gallbladder disease.

Yaz, Yasmin, and Ocella Birth Control Medications Contain Drospirenone (DRSP) that has been Associated with Serious Health Risks

YAZ and Yasmin are combined oral contraceptive (COC) pills that contain ethinylestradiol (EE) and drospirenone (DRSP). These birth control medications are manufactured by Bayer HealthCare Pharmaceuticals, Inc., while Ocella is the generic equivalent of Yasmin that is manufactured by Barr Laboratories. Each of these birth control medications contain ethinyl estradiol and the new "fourth generation" progestin drospirenone (DRSP). Drospirenone is known for increasing the risk for hyperkalemia and these DRSP oral contraceptives have been associated with adverse health effects such as Death, Deep Vein Thrombosis (DVT), Pulmonary Embolism (PE), Strokes, Heart Attacks, Gallbladder Disease, and other health problems.

YAZ Marketing Campaign Created Annual Revenues of over $600 Million, but Overstated Drug Benefits and Understated Drug Dangers

The FDA has found that Bayer's marketing campaign that was directed at young women for the birth control drug, YAZ, was misleading. The misleading marketing campaign allowed YAZ to become the best-selling oral contraception pill in the United States with annual sales revenue of over $600 million in 2008, but understated the birth control medications' health risks.

Through the efforts of the FDA and several states' Attorney Generals, the manufacturer and marketer of the oral contraceptive YAZ was required to run a $20 million advertising campaign for the purpose of correcting previous YAZ marketing statements and will be required to submit all future YAZ ads for the next six (6) years to the FDA for screening.

The YAZ ads allegedly overstated the pill's ability to improve women’s moods and clear up acne, while not fully warning of the drug's potential serious side effect health risks including Death, Deep Vein Thrombosis (DVT), Pulmonary Embolism (PE), Strokes, Heart Attacks, Gallbladder Disease, and other health problems.

Recent FDA and Attorney Generals Take Action to Correct the YAZ Marketing Campaign Making Sure Bayer Does Not Understate Drug Dangers and Risks

In October 2008, the FDA took action against Bayer sending a warning letter to Bayer saying that two television ads overstated the drug’s benefits while understating its risks. The FDA warning letter stated that two 60 second direct to consumer broadcast television advertisements entitled "Not Gonna Take it" and "Balloons" submitted by Bayer HealthCare Pharmaceuticals, Inc. were "misleading because they broaden the drug's indication, overstate the efficacy of YAZ, and minimize serious risks associated with the use of the drug". Further, that these televisions advertisements "misbrand the drug in violation of the Federal Food, Drug, and Cosmetic Act".

The FDA had approved YAZ as a birth control pill that has a side benefit in treating a very specific mood-related psychological problem called "premenstrual dysphoric disorder" and improving moderate acne, however, Bayer overstated the drug's efficacy and minimized its potential dangers.

FDA Action against Yasmin for Minimizing Health Risks in 2003 Suggests Bayer May Have Had Prior Knowledge of Misleading Marketing that Minimized YAZ Health Risks

The contraceptive medication, YAZ, closely resembles another birth control medication, Yasmin. Both drugs contain contain ethinyl estradiol and the "fourth generation" progestin drospirenone (DRSP). Yasmin has been the subject of a similar FDA warning letter in 2003 that warned the manufacturer and marketer that their marketing advertisements were understating potential health risks and overstating the benefits of the birth control medication. At that time Yasmin was manufactured and marketed by Berlex Laboratories.

In 2006, Bayer HealthCare Pharmaceuticals, Inc. acquired Berlex Laboratories. Bayer now markets both oral contraceptives, YAZ and Yasmin which had sales of about $1.8 Billion in 2008.

Health Risks Related to the Oral Birth Control Mediations
Yaz, Yasmin, and Ocella

YAZ, Yasmin, and Ocella contain drospirenone (DRSP), a synthetic progestational compound that can cause serious side effects and has been associated with serious health problems including formation of dangerous blood clots, strokes, pulmonary embolisms (PE), gallbladder disease, deep vein thrombosis (DVT), heart attacks, and sudden death. Yaz and Yasmin are combined oral contraceptive (COC) pills that contain ethinylestradiol (EE) and drospirenone (DRSP). Both have been linked to blood clots and cardiovascular events as well as other serious health risks.

While it has long been known that taking a combined oral contraceptive (COC) pill with a combination of estrogen and a progestin hormone can increase the risk of stroke and blood clots in the legs and lungs, the health risks of newer synthetic should have been deceptively marketed as having less health risks with other benefits that the contraceptives do not have.

In October 2008, the Food and Drug Administration (FDA), concerned with the improper advertising of the YAZ/Yasmin/Ocella birth control drugs, issued a warning letter to the Bayer Corporation to cease unlawful promotion. Also, women who have taken these popular oral contraceptives reported serious side effects, including blood clots, stroke, gallbladder complications and heart attack as a result of taking the drugs.

It is thought that these birth control medications contain hormones the effect cholesterol metabolism and excretion into the gallbladder thereby affecting the cholesterol concentration and crystallization of bile acids in the secretions leading to gall stones as well as can lead to clots, strokes, or heart attacks.

For more information on YAZ/Yasmin/Ocella birth control drug Lawsuits, please go to the following YAZ Yasmin Ocella Lawsuit Website.

Medicaid and Medicare Upcoding & Fraud Whistleblower Lawsuits

Medicaid and Medicare Upcoding and Fraud Whistleblower Lawsuits (Upcoding Qui Tam Claims, Mischarging for Services Claims, Double Billing Qui Tam Claims, Illegal Kickback Qui Tam Claims, & Other Medical Service Provider Fraud Claims)

Healthcare fraud costs taxpayers an estimated $100 billion each year. Illegal Kickbacks, Upcoding, Double Billing, False Coding, and fraudulent mischarging of health care services are just a few ways that fraudulent medical providers are able to defraud Medicare, Tricare, the Veterans' Administration (VA), and other government services out of billions of dollars. Heroes including health care administrators, doctors, nurses, and therapists are stepping forward and blowing the whistle on Tricare, the Veterans' Administration (VA), and Medicare billing fraud including manipulation of outlier payments to Medicare, kickbacks, upcoding, or bill padding. If you are a healthcare professional that is aware of fraud, please become a Tricare, Veterans' Administration (VA), Medicaid, or Medicare Whistleblower.

Health Care Fraud Upcoding Whistleblower Law Suits (Medicare, VA, and Tricare Upcoding Qui Tam Whistleblower Claims)

Upcoding occurs when a medical service provider intentionally and fraudulently upcodes services to obtain a higher reimbursement than one that is entitled to for the service that was actually provided. In both the Medicare and Medicaid systems a set of billing codes is used by healthcare providers to bill for services. These codes are known as the Healthcare Common Procedure Coding System (HCPCS). A service provider that intentionally uses a higher paying code to fraudulently reflect that a more expensive procedure or device was involved in the patient’s treatment than actually was used or was necessary. A pattern of intentional upcoding treatment can result in large profits for the healthcare provider, but also cost taxpayers millions of dollars.

Upcoding fraud is typically hard to catch without the help of persons with inside information because that Healthcare Common Procedure Coding System (HCPCS) codes are billed electronically and can easily slip through the system. Therefore unless the upcoding is caught through a random audit (approximately 2% of the claims per year are audited), it is up to insiders, informants, heroes, and health care professionals to catch fraudulent upcoding.

Another type of coding fraud is “unbundling”, where bundled related procedures or composite lab tests are run together, but billed separately by the lab or healthcare provider to obtain more compensation. These types of billing fraud also allow healthcare providers and labs to make higher profits by bilking Medicare, Medicaid, and taxpayers out of millions of dollars. These unbundling fraud schemes are also hard to detect without someone that is familiar with the codes and billing.

Qui Tam Whistleblower Plaintiffs have received over $1 Billion in Awards of the over $12 Billion in Recoveries for Exposing Fraud Against the United States Government (Qui Tam Plaintiff Whistleblower Claims)

Medicaid, Tricare, Veterans Administration, Hospice, and Medicare Whistleblowers that provide original source information of schemes to fraudulently take money 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.

Below is an excerpt from the False Claims Act explaining what types of awards qui tam whistleblowers may recover for being the "original source" of information that is used to successfully expose fraud against Medicaid, Tricare, Veterans Administration, Hospice, Medicare, or another subdivision of the United States Government and recover money from the parties committing the fraud.

(d) AWARD TO QUI TAM PLAINTIFF

(1) If the Government proceeds with an action brought by a person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government [General] Accounting Office report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.

(2) If the Government does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.

Since amendments were made to the Federal False Claims Act in 1986, citizens that have filed suits on behalf of the federal government against government contractors that have participated in defrauding the government have regained over $12 Billion for taxpayers as well as have collected over $1 Billion in qui tam whistleblower awards.

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

For more information on Medicare Fraud, Tricare Fraud, Medicaid 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 or the following webpage on Medicaid and Medicare Upcoding & Fraud Whistleblower Lawsuits (Upcoding Qui Tam Claims, Mischarging for Services Claims, Double Billing Qui Tam Claims, Illegal Kickback Qui Tam Claims, & Other Medical Service Provider Fraud Claims) .

Texas Birth Injury, Small Child Injury, and Birth Defect Lawsuits

Texas Birth Injury Lawsuits, Texas Primary Pulmonary Hypertension PPH Lawsuits, Texas Infant Traumatic Injury Lawsuits, and Texas Small Child Traumatic Injury Lawsuits (Birth Injury and Birth Defect Lawsuits)

Avoidable birth injuries, birth defects, fatal accidents, and traumatic injuries are some of the most devastating problems that can occur to a parent, family, and/or a small child. Parents and family who should be celebrating the life of their new child, are often caught off guard when their child is taken from them, born with severe disabilities, or suffers significant injuries in an avoidable accident. After a death, accident, or discovery of a birth defect, the family is often busy taking care of the child with the serious health problems or grieving their loss, and often does not have the time or energy to seek compensation from or battle the party or parties that caused the death, birth defect or accident.

Texas Birth Injury Hypoxia Brain Damage Lawsuits
(Causes of Hypoxia During Birth)

Several types of accidents and negligent actions 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 Texas Birth Injury Lawyer with the skill and dedication to help you get the compensation.

Texas 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.

Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs)
Birth Defect Claims and PPH and PPHN Lawsuits

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 their child 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. 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.

Lamictal Birth Defect Claims

Lamictal is a drug used to treat bipolar episodes and the most serious forms of epileptic seizures. Unfortunately, there is now an association between pregnant women taking Lamictal in there first three months of pregnancy and their children being born with a cleft palate or lip.

Cerebral Palsy Medical Negligence Lawsuits, Texas Medical Negligence Lawsuits, and Federal Tort Claims Act Negligence 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.

The term "cerebral palsy" refers to any one of a number of neurological disorders that appear in infancy or early childhood and permanently affect body movement and muscle coordination. Even though cerebral palsy affects muscle movement, it isn’t caused by problems in the muscles or nerves. It is caused by abnormalities or damage in parts of the brain that control muscle movements. The majority of children with cerebral palsy are born with it, although it may not be detected until months or years later. The early signs of cerebral palsy usually appear before a child reaches 3 years of age. The most common symptoms are a lack of muscle coordination when performing voluntary movements (ataxia); stiff or tight muscles and exaggerated reflexes (spasticity); walking with one foot or leg dragging; walking on the toes, a crouched gait, or a “scissored” gait; and muscle tone that is either too stiff or too floppy. A small number of children have cerebral palsy as the result of brain damage in the first few months or years of life, brain infections such as bacterial meningitis or viral encephalitis, or head injury from a motor vehicle accident, a fall, or child abuse.

Cerebral Palsy usually occurs during fetal development, but can occur before, during, or shortly after birth; or during infancy. The faulty development or damage to motor areas in the brain disrupts the brain's ability to adequately control movement and posture. Symptoms of Cerebral Palsy can range in severity. Medical mistakes during the labor and delivery process are to blame for thousands of children with Cerebral Palsy. Unfortunately, many parents don't realize that their healthcare provider might be to blame for their child's Cerebral Palsy.

Causes of Serious Brain Injuries and Brain Damage (Traumatic Brain Damage Lawsuits)

Serious brain injuries can occur through traumatic impact to the head caused by an automobile accident, serious fall, falling object, construction accident, accidental gun shot, boating accident, or a vicious attack. Severe trauma to the head can cause the brain to move inside the skull and injure the brain. The skull typically protects the brain from injury, but because the inside of the skull is rough a traumatic event that causes the brain to move or to swell inside the skull can cause the brain to press up against the skull and cause serious brain damage.

Texas Infant Brain Injury, Child Head Injury, and Hypoxia (Medication Interaction, Carbon Monoxide, and Drowning Victim) Lawyer

Brain injuries including Hypoxia can be caused by several factors including a traumatic injury, lack of oxygen, drowning, carbon monoxide poisoning, smoke inhalation, or drug interactions. If you or a loved one have suffered a serious brain injury or brain damage, the most important thing you can do is to find a good medical doctor to assess the injury so you know what you are dealing with and how to best treat the injury.

Federal Tort Medical Malpractice Claims Act, Product Liability, Traumatic Injury, and Texas Medical Negligence Birth Defect Lawsuits

Federal Tort Claims Act Medical Negligence Lawsuits, SSRI Antidepressant PPH Product Liability Lawsuits, Texas Traumatic Injury to an Infant, and Texas Medical Malpractice Birth Defect Lawsuits are some of the most complicated types of cases in the practice of law. For more information on these types of cases, please go to the following webpage on Texas Birth Injury, Texas Small Child Injury Lawsuits, and Texas Birth Defect Lawsuits.