Texas Lawyers Blog

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

Saturday, September 11, 2010

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.


Saturday, August 28, 2010

Drug & Medical Device Marketing Executives and Fraud Schemes Target Medical Doctors with False Information to Increase Sales of Unsafe Drugs and Medical Products for Profits and Medicare Payments

Drug Company and Medical Device Company Marketing Fraud and Schemes Target Physicians with False Information to Promote Dangerous and Unsafe Drugs and Medical Devices   (Off Label Marketing and Pharmaceutical Whistleblower False Claims Act Lawyer Jason Coomer)

Medicare marketing fraud including medical device Medicare marketing fraud and drug company Medicare marketing fraud is increasing as medical device and pharmaceutical executives and representatives use fraudulent schemes and marketing techniques to manipulate doctors, surgeons, pharmacists, and other health care providers.  These fraudulent marketing schemes are designed to increase the use of off label marketing of medications and the use or over use of unsafe medical devices and drugs to obtain Medicare payments.   
 
Pharmaceutical Marketing Representatives and Medical Device Marketing Representatives often Combine Free Gifts, Lunches, Dinners, and Drinks with Biased and/or Fraudulent Research to Encourage Medicare Off-label Drug Use and Over Prescribing of Medical Devices or Drugs

Pharmaceutical representatives, medical device marketing representatives, and marketing fraud are manipulating physicians to use more expensive and less safe drugs and medical devices.  From providing false information to using young attractive and charismatic drug representatives and free gifts, drug companies and medical device companies are using advanced drug marketing schemes and techniques to push physicians to use new drugs and products to obtain as much Medicare money as possible.  When these marketing techniques are used to push a dangerous drug or to push a drug or medical device for off-label purposes, it can be dangerous for the patient's health as well as can be the basis for a qui tam lawsuit or other lawsuit if the Medicare Marketing Fraud can be documented.

Free gifts, lunches, dinners, and drug samples from drug companies are common place in the World of the successful physician.  Sales people and marketing representatives commonly seek to use free meals, drinks, marketing giveaways, and drug samples, to obtain the attention of a medical doctor and these free gifts can often influence a physician to use a new, more expensive, and less safe drug.  A recent article, Prescribing Under the Influence By E. Haavi Morreim, thoughtfully discusses the potential influence direct or indirect that free meals and gifts from drug representatives and medical device representatives can have on physicians.  These freebies combined with false marketing materials on a drug or medical device can often manipulate a medical doctor into prescribing drugs for off-label purposes, using an inferior or unsafe produce, or over prescribing a drug or medical device.

Pharmaceutical Marketing Executives and Medical Device Marketing Executives often use Attractive and Charismatic Marketing Representatives with Advanced Fraudulent Marketing Scripts to Encourage Medicare Fraud Including Off-label Drug Use and Over Prescribing of Medical Devices

Another technique that drug companies use to push their new drugs and implants include hiring attractive and charismatic drug representatives to push physicians through an advanced script that falsely presents a new medication or medical device as better and more safe than it actually is.  The drug representatives are usually highly articulate and are able to use the skewed research from the drug marketing departments combined with befriending or flirting with the physician to push the doctor to use their company's new product regardless of safety or expense.

These advanced fraudulent scripts are often presented as well accepted scientific research including cites or references from authentic sounding publications.  They are also often well thought out by drug marketing executives and medical device marketing executives then given to and rehearsed by the  attractive and charismatic drug representatives or medical device representative for the sole purpose of manipulating the medical doctor into prescribing more of the drug for off-label purposes or the medical device.

Pharmaceutical Marketing Executives and Medical Device Marketing Executives often use Medical Doctor Profiling to Manipulate Physicians into Prescribing Off-label Drug Use and Over Prescribing of Unsafe Medical Devices for Medicare Patients

Through experience the drug marketing departments have also devised Medical Doctor Profiling schemes that they can use to determine what best motivates a particular physician and use this information combined with advanced marketing techniques to manipulate the physician without the medical doctor even realizing that they are being manipulated.  These techniques include understanding that some medical doctors are research oriented while others are politically motivated, financially motivated, career motivated, or relationally motivated.  By understanding a medical doctor's predispositions, interests, and motivations, a drug marketing department or medical device marketing department can use or manipulate a medical doctor based on their profiled information.  Examples of these drug marketing department and medical device marketing department profiling and manipulations include:

Research Motivated Medical Doctor - The Marketing Departments will often create research with skewed data from the drug company to push the research motivated physician that relies strongly on science and research to make their decisions.  The marketing representatives will also often invite the research motivated physician to publish in selected publications or to speak at sponsored medical conferences.     

Politically and Career Motivated Medical Doctor - Marketing Departments will often create professional and social events, activities, and opportunities to advance the physician's ability to expand their political activities and career. 

Relationally Motivated Medical Doctor - Drug marketing departments will not only find marketing representatives that are attractive and charismatic, but will also find drug representative with similar interests as well as hire family members or friends of the relationally motivated physician.

The above techniques and many more are all methods that drug marketing departments and medical device marketing executives use to gain the attention of and influence on medical doctors.  These marketing techniques combined with fraudulent marketing research and other fraudulent practices can often work to manipulate a medical doctor into prescribing drugs for off label purposes as well as using unsafe medical devices or over using medical devices.

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 Whistle Blowers continue to expose fraudulent marketing practices, billing practices and unnecessary treatments that cost hundreds of billions of dollars.   

Health Care Fraud  and Pharmaceutical Off Label Fraud Law Suits (Fraud Costs Tax Payers and Consumers Hundreds of Billions of Dollars)

Health Care Expenses in the United States have increased to be over Two Trillion ($2,000,000,000,000.00) Dollars each year.  This amount continues to rise as pharmaceutical companies have made large profits.  One of the reasons that the pharmaceutical companies are making such large profits is that they have begun aggressive marketing campaigns that not only promote drugs for the medication's intended purpose, but aggressive push doctors to prescribe drugs for off label purposes. 

From a taxpayer stand point, health care fraud costs taxpayers between $60 billion and $100 billion each year.  This cost increases dramatically when you include other forms of health care fraud including insurance fraud and fraud on patients.
 
For more information on Medicare Fraud False Claims Act Lawsuits and other Qui Tam Lawsuits, please go to the following web pages Qui Tam, Whistleblower, Medicare Fraud, and Federal Federal False Claims Act Information Center or Drug & Medical Device Marketing Fraud Medicare Qui Tam Lawsuits.

Friday, August 27, 2010

Defective Tire Blow Out Lawsuits and Defective Tire Tread Lawsuits

Defective Tire Rollover Lawsuits, Fatal Defective Tire Blow Out Lawsuits, Deadly Defective Tire Tread Lawsuits, Defective Automobile Roof Design Lawsuits, and Fatal Automobile Accident Rollover Lawsuits by Defective Tire Rollover Automobile Crash Lawyer Jason S. Coomer 

Defective tire blow out automobile product liability lawsuits include defective tire blowout lawsuits, defective tire rollover lawsuits, tire defect rollover lawsuits, tire defect blowout lawsuits, defective tread lawsuits, defective tire tread lawsuits, and defective rollover design lawsuits.  Unfortunately, tire defects can cause blowout rollover accidents that can often be deadly and kill vehicle occupants including drivers and passengers.    

Vehicle and Tire Manufacturers have known for decades that defective tires and tread defects can cause a blow out that can result in a deadly crash or a fatal roll over accident.  This is especially true in the summer months when paved roads, streets, and highways can become extremely hot. 

Tire defect lawsuits are a special subgroup of automotive products liability lawsuits and fatal rollover accident lawsuits. This is because tire defect blow out lawsuits provide an independent product liability cause of action against the tire manufacturer as well as tire replacement centers. But, if the defective tires are original equipment on a vehicle, a fatal or deadly tire blow out lawsuit may also create a viable defective blowout lawsuit against the vehicle manufacturer. The Ford/Firestone litigation of a few years back brought the issue of tire defects into the forefront of public knowledge. Until then, people did not know a tire could just fail and blow out in the normal course of use.

The Ford/Firestone litigation was based on claims of design defects in the Firestone tires. The majority of tire cases before and after the Ford/Firestone litigation are based on claims of manufacturing and design defects that caused catastrophic injury and fatal blow out tire rollover accidents. A tire defect, oftentimes referred to as a tire delamination or tire detread, usually involves the bottom layer of steel belts separating from the second layer of steel belts and outside tread sometimes causing the defective tire to come apart and blowout.  When this delamination or detreading occurs it is common to find a large strip of tread, and sometimes accompanying smaller pieces, separating from the tire while in use.  This separation will often identify a tire delamination.

A delamination will significantly decrease a person’s ability to control the vehicle and will sometimes result in an accident. It is common for people to refer to these tire events as “blowouts.” A blowout is a sudden loss in air pressure. A tire delamination does not necessarily entail the loss of air pressure. Sometimes the tire will lose the tread but retain its air pressure through the entire accident sequence.

After a blowout or other fatal tire defect accident it is important to investigate the tires and their condition to determine if a tire defect, delamination, or detread was the cause of action accident or rollover. Are there large pieces of treads missing? Do the tires have air pressure or will they still hold air? How are old the tires (determined by the DOT number)? The tire and all tread pieces should be quickly secured and stored in a climate controlled area.

Also in investigating a catastrophic injury or deadly tire defect accident, it is important to speak with the occupants of the vehicle and any potential witness to determine if a blow out or tire detread occurred. A classic scenario in a tire delamination is testimony from passengers in the vehicle that a loud banging or slapping noise in the wheel-well of the tire that failed occurred immediately before losing control of the vehicle. This indicates that the tread was coming off and hitting the wheel well as the tire rotated. Also, in investigating a defective tire crash it is important to ask the occupants about how the car felt and acted during and after the tire event.

In addition to the products claim against the tire manufacturer, the prudent defective tire blow out accident lawyer should also investigate the possibility of a negligence claim against the entities that maintained or installed the tire. The negligence claim can stem from an improper tire size, rim size or tire/rim combination. It can also be based on an entity’s failure to inform a customer of signs of impending failure of a tire. Tire cases are uniquely technical in terms of the chemistry and other science involved. These are expert intensive cases. Only an expert will be able to make a proper determination on why, and if, the tire failed.  It is therefore important to have the vehicle and tire to examine, speak to all important witnesses, as well as obtain a complete vehicle history when investigating a defective tire blow out or detread accident lawsuit.

Investigating Fatal Tire Defect Collisions, Deadly Tire Blow Out Crashes, and Commercial Vehicle Crashes Typically Requires Preservation of Evidence and Discovery Requests for Important Records

Investigating a deadly crash, fatal collision, catastrophic injury car wreck, truck collision, or commercial vehicle accident usually requires preserving evidence and seeking records from the police, wreckage yard, black box experts, trucking company, defendant driver, truck driver, and insurance company to determine what caused the accident.  For more information on preservation of evidence and obtaining important records & evidence relating to a fatal, catastrophic injury, defective airbag, or truck collision, please go to the following web page Accident Investigation web page.

Additionally, automobile and car wrecks that kill people including fatal crashes and deadly impact collisions commonly require a lawyer that is familiar in handling wrongful death lawsuits and survival action lawsuits.  In thoroughly investigating the death of a loved one, it is important to understand the potential different types of compensation that can be obtained through the Texas legal system and insurance policies.  Under Texas law there are two main types of death actions, there is the wrongful death claim that is available to the spouse, parents, and children of a person that has been wrongfully killed by the negligent actions of another. There is also a survival action that  passes through the decedent's estate and allows the heirs or beneficiaries of a decedent to seek compensation.  The Wrongful Death Lawsuit 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

The survival action lawsuit 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

Feel free to go to the following web page for more information on investigating and pursuing fatal and deadly crash lawsuits.
 
Automobile Accident Defective Crashworthiness Product Liability Lawsuits and The Crashworthiness Doctrine under Texas Law and Federal Law
Defective Automobile Accident Lawsuit Crashworthiness cases involve claims that a design defect caused or enhanced the injuries of a vehicle’s occupants during an automobile crash. To identify a crashworthiness claim, one must examine the interplay among the circumstances of the accident, the performance of the vehicle during the accident, and the injuries suffered. Such defects may cause a minor injury automobile collision to become a fatal automobile collision or cause enhanced injuries by failing to provide suitable protection from injury or death in foreseeable automobile accidents. Crashworthiness lawsuits have taken many forms, both in Texas litigation and throughout state and federal courts.
For more about the Crashworthiness Doctrine, please go to the following web page with information on the United States Federal and Texas Crashworthiness Doctrine.

  United States and Texas Catastrophic Injury and Fatal Tire Tread Defect Crash Lawyers and Deadly Defective Tire Blowout Accident Lawyers (Product Liability Defective Tire Tread Blowout Lawsuits)

For more information on Defective Tire Blowout Fatal Accident Lawsuits, Texas Fatal Rollover and Defective Tire Tread Lawsuits, Texas Tire Defect Blowout Crash Law Suits, and other Fatal Defective Tire Detread Wreck Lawsuits, please go to the following web page on Fatal Tire  Tread Defect Blowout Accident Lawsuits and Catastrophic Injury Defective Tire Blow Out Automobile Accident Lawsuits.

Defective Cold Therapy Unit Nerve Damage Lawsuits and Defective Cold Treatment Frost Bite Lawsuits

Defective Cold Therapy Unit Nerve Damage Lawsuits, Defective Cold Treatment Frost Bite Lawsuits, Defective Ice Therapy System Lawsuits, and Defective Cryotherapy Machine Nerve Damage Product Liability Lawsuits by Texas Defective Product Lawyer Jason S. Coomer
 
Defective products including Cold Therapy Units, Ice Systems, Cold Treatment Machines, and other Cryotherapy Devices can cause significant injuries including nerve damage, tissue damage, childbain, frostbite, immersion syndrome, hypoxia, and infarction necrosis.  The failure of many of these cryotherapy, ice, therapy and cold therapy devices is that they do not have proper temperature selection or time controls,  emergency shut off switches,  or warning alarms as well as do not provide adequate warnings of potential dangers or instructions for safe use.  These ice, cryotherapy, and cold therapy device defects can create dangerous situations for people including people recovering from surgery that are using the devices.  In selecting a Ice Therapy, Cryotherapy, or Cold Therapy Device, it is important to check with your doctor about the best cryotherapy system, unit, machine, or device, and be aware of the potential dangers of overuse or extended use including nerve damage, tissue damage, childbain, frostbite, immersion syndrome, hypoxia, and infarction necrosis

Cold Therapy Nerve Damage Lawsuits, Cryotherapy Recirculating Ice Cooler Frostbite Lawsuits, and Cryotherapy Hypoxia, Nerve Damage, or Immersion Syndrome Product Liability Lawsuits  

Cold therapy devices (aka cryotherapy devices) are commonly used to reduce swelling after surgery by cooling a swollen and inflamed area of the body.  These cryotherapy devices are typically filled with ice water and a pump circulates cold water to a pad that is fixed to the swollen and inflamed area.

The problem or defect with some of these cold therapy devices is that it is often difficult for patients and consumers to determine if a recirculating ice cooler is too cold or if the defective cryotherapy device has been used to long. Desensitization from surgery or the initial injury often can mask the patient's sensitivity to cold and create a situation where the recirculating ice cooler, ice machine, or defective cold therapy device is used too long or at too high of levels causing the patient to suffer serious injuries including including nerve damage, tissue damage, childbain, frostbite, immersion syndrome, hypoxia, and infarction necrosis.  Patients that have suffered injuries such as including nerve damage, tissue damage, childbain, frostbite, immersion syndrome, hypoxia, and/or infarction necrosis should immediately contact their health care provider.

Some of the problems associated with some defective cold therapy devices and defective cryotherapy devices are that the defective cold therapy device or cryotherapy device did not have proper automatic alarms or shut off information or  come with adequate cold therapy warnings or instructions including the following product defects and inadequate warnings.
  • The defective cold therapy device did not come with a cryotherapy shut off alarm that warns users of potential dangers of prolonged use or dangerous temperature settings.
  • The defective cold therapy device or cryotherapy device did not have an automatic off mechanism that prevents extreme temperature settings or cryotherapy over use.
  • The defective cold therapy device or cryotherapy device did not come with instructions or warnings on selecting temperature settings or dangerous temperature settings.
  • The defective cold therapy device or cryotherapy device did not come with instructions, warnings, or recommendation as to length of time for proper cold therapy treatment or use.
  • The defective cold therapy device or cryotherapy device did not come with instructions or warnings concerning running too long or too cold.
As with any product, especially, products designed for post surgery patients, it is important for cold therapy or cryotherapy devices to have adequate safety features to protect post surgery patients and prevent serious injuries such as nerve damage, tissue damage, childbain, frostbite, immersion syndrome, hypoxia, and/or infarction necrosis. Further, it is also important that cryotherapy devices and cold therapy devices do not fail to warn cold therapy patients and cryotherapy patients of important health risks involved with long term use, unsupervised, unmonitored use, or extreme temperature use of ice cold therapy machines.

Extended use, extreme temperature use, unsupervised use, unmonitored use and prolonged use of these cold therapy and cryotherapy defective devices can cause serious injuries to both the skin and nerves resulting in skin damage, permanent nerve damage, chronic pain, nerve damage, tissue damage, childbain, frostbite, immersion syndrome, hypoxia, infarction necrosis, Complex Regional Pain Syndrome (CRPS), CRPS 1 (chronic nerve disorder in the arms or legs after a minor injury), CRPS 2 (caused by an injury to the nerve), Reflex Sympathetic Dystrophy (RSD), Reflex Sympathetic, Dystrophy Syndrome (RSDS), Complex Regional Pain Syndrome, Shoulder-Hand Syndrome, Causalgia, Sudeck’s Atrophy.

Cold Therapy Devices, Cryotherapy Devices, Ice Therapy Devices, Cold Therapy Systems, Cold Therapy Machines, Cold Therapy Units, Cryotherapy Machines, and Cryotherapy Units  

If your doctor has recommended the use of a ice, cryotherapy, or cold therapy system, device, machine, or unit for yourself or a loved one after surgery, it is important that everyone including the patient, doctor, and people helping the patient understand how to use the ice, cold therapy, or cryotherapy system, device, machine, or unit that has been selected as well as the potential dangers of over use, extreme temperature use, or prolonged use including skin damage, permanent nerve damage, chronic pain, nerve damage, tissue damage, childbain, frostbite, immersion syndrome, hypoxia, infarction necrosis, Complex Regional Pain Syndrome (CRPS), CRPS 1 (chronic nerve disorder in the arms or legs after a minor injury), CRPS 2 (caused by an injury to the nerve), Reflex Sympathetic Dystrophy (RSD), Reflex Sympathetic, Dystrophy Syndrome (RSDS), Complex Regional Pain Syndrome, Shoulder-Hand Syndrome, Causalgia, Sudeck’s Atrophy.

FDA Adverse Reaction Cold Therapy System 

FDA: Adverse Reaction Model Number 10B Event Date 11/02/2005 Event Type Injury Patient Outcome Required Intervention; Disability Event Description

"Ebice 10b cold therapy system was used following 2005 and 2006 podiatric surgical procedures performed for left foot problems and tarsal tunnel syndrome. The patient claims she has suffered cold thermal injury to the ankle, permanent nerve damage, chronic pain and rsd syndrome."
Manufacturer Narrative
"Although the unit was not returned for evaluation, the instructions for use was reviewed. Exerts taken from the ifu: read all instructions before using ebice. A licensed health care practitioner must determine the appropriate treatment setting and the length of treatment for each patient. Individual sensitivity to a cryotherapy application varies. It is important to periodically check the color and sensitivity of the skin at the treatment site. The patient should be instructed that if the skin appears discolored or feels numb, immediately discontinue the cold therapy treatment and notify your health care practitioner. Cooling for one hour at a water temperature of 30 - 48 deg f may induce redness and edema that last for 24 hours after exposure. Some individuals are allergic to cold, reacting with hives, joint pain and swelling. When cryotherapy is selected as a treatment modality, close monitoring of the patient's response to the cryotherapy treatment is critical. Water cycling adjustments or discontinuation of the treatment may be required if a patient demonstrates a localized hypothermia reaction. With a sudden sharp and persistent drop in temperature, vasoconstriction and increased viscosity of the blood in a local area may cause ischemic injury and degenerative changes in peripheral nerves. Localized reaction to cold may include childbain, frostbite or immersion syndrome. Prolonged tissues hypoxia and infarction necrosis of the affected tissue may develop. Vascular injury and edema become more evident as the temperature returns to normal." 

Product Liability Claims (Dangerous Drug Claims)

Dangerous and defective medical product lawsuits have become more common as the medical device and pharmaceutical industry has become more powerful.  With large medical device and drug companies seeking to sell more and more drugs and medical devices, some dangerous and defective medical devices and drugs have been pushed on the public.  It is important when using any medical device and taking any drug to make sure that you and your doctor understand potential benefits and dangers of the product as well as stay alert to any side effects or health issues that may arise from using the drug or medical device


Defective Cold Therapy Unit Nerve Damage Lawyers, Defective Cold Treatment Device Frost Bite Lawyers, Defective Ice Therapy System Lawyers, and Cryotherapy Machine Nerve Damage Product Liability Lawyers (Defective Ice Therapy, Cryotherapy, Cold Therapy Nerve Damage Product Lawsuits)

For more information on Defective Cold Therapy Unit, Defective Ice Therapy Device, and Defective Cryotherapy Product Liability Lawsuits, please go to the following web page Defective Cold Therapy Machine Nerve Damage Lawsuits, Defective Ice Therapy Unit Frostbite Lawsuits, and Defective Cryotherapy Device Complex Regional Pain Syndrome Product Liability Lawsuits.

Saturday, August 14, 2010

United States and Mexico Bus Wrecks: Texas Serious Injury and Fatal Bus Accident Lawsuits

Texas Bus Company Accident Law Suits, Texas Charter Bus Lawsuits, Texas Bus Company Poor Maintenance Accident Lawsuits, and Texas Bus Driver Negligence Collision Lawsuits (Texas, Arkansas, Louisiana, Colorado, Oklahoma, and Mexico Fatal Bus Wrecks)

Catastrophic Injury and Fatal Bus Accident Lawsuits can be caused by a variety of reasons including negligent maintenance of buses, negligent bus drivers, over worked bus drivers, poor hiring of bus company drivers or employees, old bus fleets, or poor bus company policies and procedures.  In investigating or litigating a serious injury or fatal bus accident lawsuit, it is important to understand what caused the bus wreck and who the potential defendants are.  These issues not only help determine how to prevent future bus crashes, but also are determinative in where to file a potential bus collision lawsuit and what compensation may be available for those seriously injured in a bus collision or the family of a person killed in a deadly bus accident.
There are numerous Texas bus companies that provide bus and shuttle services that charter buses and provide bus travel through the states of Texas, Arkansas, Louisiana, Colorado,  Oklahoma, and  other parts of the United States as well as into Mexico.  Some of the bus companies that provide  bus transportation  and shuttle services in Texas and the surrounding states include: Arrow Trailways of Texas, Star Shuttle; Charter, River City Coaches, Lone Star Bus Lines Inc. Trailways, Greyhound Lines Inc., El Expresso Bus Company/A Coach USA Co., Eagle Tours Inc., Daisy Tours/Conventions San Antonio, Coach USA/Gray Line of San Antonio & Austin, Coach USA Inc., Coach USA Houston/Gray Line of Houston, Coach USA Dallas, Central West of Texas Inc., Central Texas Trails Inc., ACH Travel & Tours Inc.,Valley Transit, Greyhound Mexico (a Mexican subsidiary of Greyhound), and Autobuses Americanos.

Jurisdiction for Serious Injury and Deadly Bus Crashes in Texas, Arkansas, Louisiana, Colorado,  Oklahoma, and  other parts of the United States as well as Mexico may be in Texas Courts 

Potential deadly bus accident defendants that are Texas Bus Companies or run bus services through Texas can often be held liable in Texas courts for deadly bus crashes even if the deadly bus wreck occurred in Arkansas, Louisiana, Colorado,  Oklahoma, and other parts of the United States or in Mexico  This is important as victims of serious bus crashes and their bus collision attorneys often need to know where a potential catastrophic injury or fatal bus wreck lawsuit should or can be filed.

Texas Bus Company Crash Law Suits, Mexico Charter Bus Collision Lawsuits, Texas Shuttle Lawsuits, Texas Bus Company Poor Maintenance Accident Lawsuits, and Texas Bus Driver Negligence Collision Lawsuits

Most of the above bus and shuttle services provide safe travel for their passengers, but occasionally a negligent driver or negligent maintenance workers on the buses or shuttles will cause serious accidents or collisions that result in bus passengers or shuttle passengers suffering catastrophic injuries or deadly injuries. In these situations, it is important to thoroughly investigate the cause of the bus or shuttle accident to determine the cause of the shuttle or bus collision.  Not only is it important to determine the cause of the shuttle or bus accident for any potential bus accident or shuttle accident lawsuit, but also to make sure that similar fatal bus accidents, catastrophic injury bus accidents, fatal shuttle accidents, or catastrophic injury bus accidents do not happen again.

Because of the large sizes of buses and shuttles, it is extremely important that they be well maintained and operated safely.  Safe operation of buses not only is important to protect the shuttle and bus passengers, but also other drivers and vehicle passengers on roads and highways as well as pedestrians, bicyclists, runners, and people on a motorcycle or in a much smaller vehicle.  The damage that a large out of control bus can do to a person including a bus passenger, bus driver, shuttle passenger, cyclist, pedestrian, or passengers in other vehicles can cause serious injuries, catastrophic damages, and even death.

Because of the large potential damages and injuries that a shuttle or bus accident can cause, bus and shuttle charter companies are required to carry insurance to cover potential damages that they could cause in a bus or shuttle accident.  As such, it is important to have a Texas Shuttle or Bus Accident Lawyer that is able to understand different potential insurance coverages as well as how to deal with insurance adjusters and how to litigate a catastrophic injury or fatal bus accident law suit.

Texas Bus Pedestrian Collision Lawsuits, Texas Bus Motorcycle Wreck Lawsuits, Texas Bus Scooter Crash Lawsuits, and Texas Bus Bike Accident Lawsuits

A bus accident can be a devastating and life changing event, this is especially true if the bus hits a pedestrian, bicyclist, motorcycle, or a much smaller vehicle.  The damage that a large out of control bus can do to a person or other vehicle can cause serious injuries, catastrophic damages, and even death.
As many bus accidents involve private and governmental entities that own or control the bus, it is important to have a Texas Bus Accident Lawyer that is able to determine the correct way to investigate and litigate a serious injury or deadly bus crash lawsuit.  It is important to understand the notice periods, government bureaucrats, insurance adjusters, and risk departments, as well as the law, rules, and regulations regarding a bus wreck lawsuit and a bus accident claim.

   United States, Mexico, and Texas Catastrophic Injury and Fatal Shuttle and Bus Accident Lawyers for Texas Serious Injury and Deadly Bus Crash Lawsuits

As a Texas Shuttle and Bus Accident Lawyer, Jason Coomer, works on Texas Bus Accident Lawsuits involving serious injuries and fatal bus accidents all over the State of Texas and throughout the United States.  In working on Texas Bus Wreck Law Suits, Jason Coomer commonly works with other Texas Shuttle and Bus Accident Lawyers throughout Texas including Houston Fatal Bus Collision Lawyers, Dallas Fatal Bus  Wreck Lawyers, El Paso Bus Crash Lawyers, and San Antonio Bus Collision Lawyers. 
In working with other Fatal Shuttle and Deadly Bus Accident Lawyers, he is able to more efficiently investigate and litigate catastrophic injury and fatal shuttle and bus accident lawsuits.  

Texas Automobile Accident Lawyers & Deadly Car Wreck Lawsuits

Fatal and serious injury bus and automobile accident law suits need to be investigated and it is usually necessary to have an experienced Texas fatal automobile accident lawyer to file the law suit and litigate the fatal automobile accident claim.  The Texas automobile accident lawyer will have to investigate the claim, gather information, and prove liability, causation, and damages.  Automobile Accident Law Suits including Texas Bus Collision Lawsuits commonly have strict notice periods that need to be adhered to and will require a thorough accident investigation as well as an experienced negotiator to deal with the insurance company or risk manager that is handling the case.  These can be extremely difficult for a grieving family. 

Likewise people that are seriously injured in automobile accidents, typically need to be focusing on healing and their health.  The last thing they need to do is to be interrogated by an insurance adjuster regarding the automobile accident. Unfortunately, it is extremely common to have insurance adjusters contact people injured in an automobile accident to obtain evidence to dispute liability.  Many of these recorded statements are taken when the injured person is still hurt and on medication.  If you have been seriously injured in an automobile accident, it is often a good idea to speak to an automobile accident lawyer prior to agreeing to give a recorded statement.

Texas Bus Accident Lawsuits and Texas Bus and Shuttle Collision Lawyers

If you have been seriously injured by in a Bus Crash, it is important to seek medical help to determine how to treat the head trauma, back herniations, broken bones, or injuries you have suffered. It is then a good idea to contact the authorities and/or explore a possible law suit to make sure that the wrongful act or reckless bus driver can be removed from the road.  Texans do not need dangerous bus drivers or negligent bus drivers making our roads, streets, and highways more dangerous.  Large buses that weigh several tons are dangerous enough when driven safely and when they are well maintained.  Be careful out there and avoid being the victim of a bus accident or a serious bus collision.

For more information on a Texas Shuttle and Bus Accident Lawsuit or other vehicle collision lawsuit, please feel free to go to the following web page: Texas Shuttle and Bus Accident Lawsuit.

Tuesday, August 3, 2010

Traumatic Back Injury Lawsuits including Spinal Cord Injury Lawsuits as well as Crushed Disc, Bulged Disc, and Herniated Disc Lawsuits

Texas Traumatic Back Injury Lawsuits including Spinal Cord Injury Lawsuits as well as Crushed Disc, Bulged Disc, and Herniated Disc Lawsuits


Back and spinal injuries are some of the most difficult and life changing traumatic injuries that a person can suffer. Many types of traumatic accidents can cause a serious back injury that can cause significant pain as well as permanent physical impairment to a person. These back and spinal cord injuries can not only require significant and expensive medical treatment, but can also change a person's day to day life as well as end a person's career.

Treatment for Spinal Cord and Back Injuries include Cervical Decompression and Fusion Surgery, Lumbar Decompression and Fusion Surgery, Injections, Physical Therapy, and Spinal Implants 

The human body has remarkable healing potential. Combining determination, proper medical attention, knowledge about an injury, and focus on the healing process can greatly help most injuries. Hiring a lawyer to battle the insurance companies and responsible parties will allow the injured person to focus on the healing process.

After a person has suffered a traumatic spinal cord injury or other serious back injury including a severed spinal cord, broken vertebrae, crushed discs, herniated discs, or a bulged discs; the most important thing you can do is to find a good medical doctor to assess the injury so that the injured person and their family knows their options and how to best treat the injury. From physical therapy and steroid injections to back surgeries (lumbar diskectomy, cervical fusion, and other lumbar or cervical procedures), there are many different ways to treat a back injury and it is important to know what will work best for you.

Fortunately, medical science has come a long way in treating back injuries and spinal cord injuries. Good neurosurgeons and orthopedic surgeons can often perform back surgery that can help severe spinal cord and back injuries.

Some types of back and neck surgery include:

Artificial Disc Replacement - is a procedure that involves replacing a painful disc that is causing chronic back pain with an artificial disc that provides pain relief without compromising the spine's natural anatomical structure.

Cervical Spinal Fusion - uses a bone graft in the cervical or neck/upper back to stop the motion at a painful vertebral segment for the purpose of decreasing pain generated from the damaged part of the cervical back, upper back, or neck.

Cervical Decompression Surgery - Decompression surgery involves removing a small portion of the bone over the nerve root and/or disc material from under the nerve root to relieve pinching of the nerve and provide more room for the nerve to heal. Depending on the patient's condition including cervical impingement an Ananterior Cervical Decompression Surgery (Discectomy), a Posterior Cervical Decompression and Fusion Surgery (Microdiscectomy), or a combination of operating from the front and back of the patient may be used.

Cervical Decompression and Fusion Surgery - Decompression surgery involves removing a small portion of the bone over the nerve root and/or disc material from under the nerve root to relieve pinching of the nerve and provide more room for the nerve to heal. The decompression surgery will sometimes de-stabilize the spine and create the need for a fusion to add stability. In these cases spinal instrumentation (such as a small plate) can also be used to help add stability to the spinal construct. Depending on the patient's cervical impingement an Ananterior Cervical Decompression Surgery (Discectomy) or a Posterior Cervical Decompression (Microdiscectomy) and Fusion Surgery (Discectomy) or a combination of operating from the front and back of the patient may be used.

Lumbar Spinal Fusion - uses a bone graft in the lumbar or lower part of a person's back to stop the motion at a painful vertebral segment for the purpose of decreasing pain generated from the damaged part of the lumbar or lower back.

Lumbar Decompression Surgery (Laminectomy) - Decompression surgery involves removing a small portion of the bone over the nerve root and/or disc material from under the nerve root to relieve pinching of the nerve and provide more room for the nerve to heal.

Lumbar Decompression and Fusion Surgery - The decompression and fusion surgeries are often used together because decompression surgery involves removing a small portion of the bone over the nerve root and/or disc material from under the nerve root to relieve pinching of the nerve and provide more room for the nerve to heal. Thus, decompression surgery or a laminectomy will sometimes de-stabilize the spine and create the need for a fusion to add stability. In these cases spinal instrumentation (such as a small plate) can also be used to help add stability to the spinal construct.

In addition to the above back surgeries, there are numerous implants and spinal devices as well as injections that can help people recover from back and spinal cord injuries. These procedures and devices can reduce pain cause by back injuries as well as help reduce impairment. However, it is extremely important when considering back surgery or other spinal procedures to make sure that you have a competent doctor and medical staff that you trust. A failed back surgery or defective medical device can cause more impairment, pain, and health problems than none at all. It is important to understand the risks of any back surgery or medical treatment.


An Injured Person and their Family Should Focus on Healing after a Catastrophic Back Injury and Spinal Cord Injury, While Their Lawyer Litigates the Catastrophic Back Injury and Spinal Cord Injury Lawsuit with the Insurance Company and Large Corporation


The second step after suffering a serious back or spinal cord injury is to determine how to pay for the necessary medical treatment and if it is necessary to hire an attorney to thoroughly investigate 1) the accident that caused the injury, 2) all potentially responsible parties, and 3) what type of insurance coverage may apply.  This investigation may become complicated if a lawsuit is necessary. 

There are many types of traumatic back injury and spinal cord injury lawsuits including bike and cycling accident lawsuits, truck collision lawsuits, drunk driver lawsuits, bus accident lawsuits, pedestrian crosswalk accident lawsuits, helicopter crash lawsuits, medical malpractice lawsuits, premises liability lawsuits, motorcycle Accident lawsuits, catastrophic injury construction accident lawsuits, home accident lawsuits, defective product lawsuits, trucking accident lawsuits serious fall lawsuits, dangerous condition lawsuits, taxi cab accident lawsuits, trench collapse and excavator accident lawsuits, watercraft and jet ski accident lawsuits, road construction accident lawsuits (improper warning or barricade), and automobile accident lawsuits.  He also handles traumatic brain injury lawsuits and fatal accident lawsuits including accidental death lawsuits, fatal DWI lawsuit, workplace death & injury lawsuits, and wrongful death and survival actions.

It is important to hire an attorney that is interested in helping seriously injured individuals and their families recover compensation and assert their rights after an accident or crash. Whether a person is injured by a hazardous trap, falling object, helicopter crash, serious fall, dangerous defect, careless actions, or the negligence of another, individuals often need assistance from a Texas Catastrophic Back and Spinal Cord Injury Lawyer in dealing with and seeking money compensation from insurance companies and large corporations for the damages that they have suffered.

Texas Traumatic Back Injury Lawsuits including Spinal Cord Injury Lawsuits as well as Crushed Disc, Bulged Disc, and Herniated Disc Lawsuits

A serious back injury or spinal cord injury can cause extreme pain and paralysis requiring back surgery, physical therapy, home health care providers, and medical devices & equipment. Recovering from a back injury or spinal cord injury case take years and in many instances full impairment may never be obtained. In the more severe cases, the injured person may need help in their day to day life and may not be able to do many of things that they were able to do prior to the traumatic back injury or spinal cord injury.

For more information on Traumatic Back Injury and Spinal Cord Injury Lawsuits, please feel free to go to the following webpage on Traumatic Back Injury and Spinal Cord Injury Lawsuits.

 

Thursday, July 15, 2010

Isotretinoin and Accutane Inflammatory Bowel Disease (Ulcerative Colitis and Crohn's Disease) Lawsuits

Accutane Crohn's Disease Lawsuits, Accutane Ulcerative Colitis Lawsuits, and Accutane Inflammatory Bowel Disease (IBD) Lawsuits by Texas Accutane Lawyer Jason S. Coomer

Isotretinoin which is sold under several tradename including Accutane is an acne medication that is a synthetic form of Vitamin A.  The drug has been commonly sold and marketed to alleviate severe acne symptoms by inhibiting oil gland and cell growth. Scientific evidence has linked the acne drug, Isoterinoin and Accutane, to severe side effects including increased risk of severe digestive problems, inflammatory bowel disease (IBD), Ulcerative Colitis, and Crohn's Disease.

Accutane and Isotretinoin Digestive Disorder Lawsuits including Inflammatory Bowel Disease (IBD), Crohn's Disease, and Ulcerative Colitis
The digestive system provides our bodies with nourishment as well as gets rid of toxins that can cause health problems.  The digestive system includes the stomach, large and small intestines, and rectum.  It converts the foods we eat into nutrients and absorbs these nutrients into the bloodstream to fuel our bodies. We seldom appreciate the workings of our digestive system unless something goes wrong, as in the case of inflammatory bowel disease (IBD).

Inflammatory bowel disease (IBD) is a group of inflammatory conditions of the colon and small intestine that can cause significant health problems and can be extremely unpleasant and can cause disability. The major types of Inflammatory Bowel Disease IBD are Crohn's Disease and Ulcerative Colitis

Crohn's Disease is a form of inflammatory bowel disease (IBD). It usually affects the intestines, but may occur anywhere from the mouth to the end of the rectum (anus).  Crohn's Disease symptoms depend on what part of the gastrointestinal tract is affected. Symptoms range from mild to severe, and can come and go with periods of flare-ups. The main symptoms of Crohn's disease are cramps and abdominal pain, fever, fatigue, loss of appetite, pain with passing stool (tenesmus), persistent & watery diarrhea, and unintentional weight loss.  Other symptoms may include constipation, eye inflammation, fistulas (usually around the rectal area, may cause draining of pus, mucus, or stools), joint pain, liver inflammation, mouth ulcers, rectal bleeding and bloody stools, skin rash, and swollen gums.


Ulcerative colitis is a type of inflammatory bowel disease (IBD) that affects the large intestine (colon) and rectum.  Symptoms of Ulcerative Colitis can include abdominal pain and cramping that usually disappears after a bowel movement; abdominal sounds (a gurgling or splashing sound heard over the intestine); diarrhea, from only a few episodes to very often throughout the day (blood and mucus may be present); fever;  tenesmus (rectal pain); weight loss; gastrointestinal bleeding; joint pain; and nausea and vomiting.


Isotretinoin Acne Medication and Related Health Problems including Inflammatory Bowl Disease IBD, Crohn's Disease, and Ulcerative Colitis

The leading pharmaceutical manufacturers of the acne drug, Isotretinoin, have received billions in revenue from the sale of the acne drug, Isotretinoin and Accutane.  Isotretinoin is sold under several trade names including Accutane, Amnesteem, Claravis, Decutan, Isotane, Izotek, Oratane, Isotrex, Isotrexin, Sotret, Ratane, and Raccutane.  


Isotretinoin is a medication used for the treatment of severe acne. It was first developed to be used as a chemotherapy medication for the treatment of some forms of cancer.  It was later discovered that it was effective and treating severe acne.  Though Isotretinoin including Accutane was originally only meant for the treatment of severe acne, over time many dermatologists pushed by pharmaceutical marketing representatives began to prescribe the drug for mild cases. 

Isotretinoin including Accutane works by inhibiting the growth and reproduction of oil glands and cells. It depletes the body of molecules that hold water which help to keep skin, eyes, scalp, and joints well lubricated. Scientific research has determined that Isotretinoin including Accutane can cause several health problems including Crohn's Disease, irritable bowel disease, Ulcerative Colitis, depression, suicidal tendencies, birth defects, miscarriages, vision problems, ringing in the ear, psychosis, liver damage, heart attack, stroke, seizures, lowered white blood cell count, and inflammatory bowel disease.


Accutane FDA Action, Accutane Black Box Warning, and Accutane Lawsuits

The FDA has required a black box warning be put on all containers of Accutane, warning of all the known health risks associated with taking Isotretinoin including Accutane. A proper warning label notifying health care providers and users of a drug will typically protect a drug manufacturer from liability.  As such, it is thought that because Isotretinoin and Accutane had warnings about the drug potentially causing birth defects and warnings to patients and medical providers that women who are pregnant or about to get pregnant should not take the drug, it is thought that birth defect cases will probably not be viable against the makers of Accutane.

However, Plaintiffs that have suffered severe inflammatory bowel disease after taking Accutane and were taking the drug prior to the risk being added to the warning label may have viable claims.  This is because the drug manufacturer did not warn those outside the company of known serious risks of taking the drug.  Plaintiffs that have suffered inflammatory bowel disease (IBD) including Crohn’s Disease and Ulcerative Colitis and took Accutane prior to the warning label changes are expected to have viable cases because it is thought that some of the manufacturers of Isotretinoin hid known health risks of the drug from medical doctors and the public in order to increase their revenues and profits.

Additionally, there are potential off label marketing issues where patients were given Isotretinoin when they did not have severe acne.  These issue may impact the viability of potential cases if it is proven that the manufacturers provided false and misleading information to medical providers for the purpose of selling more of the drug.

Accutane Ulcerative Colitis Lawyers, Isotretinoin Crohn's Disease Lawyers, and Accutane Inflammatory Bowel Disease (IBD) Lawyers (Isotretinoin Ulcerative Colitis and Accutane Crohn's Disease Lawsuits)

For more information on Accutane Inflammatory Bowel Disease (IBD) Lawsuits and Accutane Inflammatory Bowel Disease (IBD) lawyers feel free to go to the following web page on Isotretinoin and Accutane Inflammatory Bowel Disease (IBD) Lawsuits.

Friday, July 9, 2010

Failed Back Surgery and Implantable Neurostimulation System Lawsuits

Neurostimulator Medical Malpractice Lawsuits, Neurostimulation Product Liability Lawsuits, Implantable Neurostimulation Systems Lawsuits, and Failed Back Surgery Resulting in Permanent Disability and Paralysis Lawsuits  by Texas Failed Back Surgery Product Liability, Medical Negligence, & Defective Product Lawyer, Jason Coomer

Failed back surgery including defective implantable neurostimulation  systems can cause catastrophic injuries and impairment.  These failed back surgery cases can be caused by defective spinal-devices or medical negligence, and can take significant resources to investigate and litigate a lawsuit.  When investigating these potential failed back surgery lawsuits, it is important to know what implant had been used as well as to obtain medical records of the surgery.

Implantable Neurostimulation System Lawsuits, Defective Spinal Implant Devices, and Failed Spinal Cord, Neck, & Back Surgery Lawsuits

Implantable Neurostimulation Systems have been used for a variety of types of chronic back pain situations including heriniated disks, postlaminectomy paid, Complex Reginal Pay Syndrome, unsuccessful disk surgery, Degenerative Disk Disease, and Failed Back Syndrome.  In fact, implantable neurostimulation systems and other spinal-devices are a huge business for the medical implant device industry including Medtronic, a leader in medical implantable devices.   Medtronic’s spinal-devices unit has about $3 billion in annual revenue from selling spinal devices including the Medtronic implantable neurostimulation system.  With this success, several other companies are developing similar implantable neurostimulation systems. 

The Medtronic implantable neurostimulation system is indicated for spinal cord stimulation (SCS) as an aid in the management of chronic, intractable pain of the trunk and/or limbs—including unilateral or bilateral pain associated with several different conditions.   Unfortunately, there are several claims that the implantable neurostimulation system has some defects that can cause serious health problems.

In reviewing failed back surgery implant cases, the failed back surgery lawyers have to determine if the implantable neurostimulation system was properly implanted by the spinal surgeon that implanted the spinal device as well as if the spinal device has some type of defect such as loose leads.  For more information on this topic, feel free to go to the following web page, Failed Back Surgery and Defective Implantable Neurostimulation System Lawsuits. 

Patients with Serious Back Injuries Including Severed Spinal Cords, Crushed Discs, Bulged Discs, and Herniated Discs when Seeking Pain Relief can sometimes Fall Victim to Defective Products, Negligent Health Care, and "For Profit" Medical Professionals Seeking to Increase Profits

The human spinal cord is basically a bundle of nerves which is surrounded by 33 bones or vertebrae.  Located between each vertebrae is a spinal disc which is a liquid filled disc shaped pouch.  These discs are stacked on top of one another and act as shock absorbers allowing the spine to flex, bend, and twist.  When functioning properly, the vertebrae and discs protect the spinal cord allow nerve impulses to travel from and to the brain to other parts of the body.  This allows us to experience sensations, move our bodies, and control many bodily functions.

Problems arise when the vertebrae, discs, or spinal cord are injured.  Broken vertebrae can damage and impinge on discs or the spinal cord causing extreme pain, numbness, and loss of control of bodily functions.  Back injuries can occur through traumatic events that result in paralysis.  Depending where and how severe the injury is will determine what type and how severe the paralysis is.   

The human body has remarkable healing potential.  Combining determination, proper medical attention, knowledge about an injury, and focus on the healing process can greatly help most injuries.  Hiring a lawyer to battle the insurance companies and responsible parties can allow the injured person to focus on the healing process.     

If you or a loved one have suffered a traumatic spinal cord injury or other serious back injury including a severed spinal cord, broken vertebrae, crushed discs, herniated discs, or a bulged discs; 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.  From physical therapy and steroid injections to back surgeries (lumbar diskectomy, cervical fusion, and other lumbar or cervical procedures), there are many different ways to treat a back injury and it is important to know what will work best for you.  

Unfortunately, there are also medical clinics, medical implant sales people, and doctors that are more interested in profit and their bottom line than what is best for a patient.  Some of these medical professionals carelessly cause painful and difficult conditions to become much worse by paralyzing patients that are seeking relief from pain.   

The "For Profit" System of Medicine Can Sometimes Cause Medical Negligence by Overworking Medical Professionals as well as Encouraging Clinics and Medical Providers to Maximize the Number of Surgeries and Procedures Performed Regardless of the Patient's Best Interest Resulting in Medical Malpractice Lawsuits

Unfortunately, medical mistakes happen when doctors and nurses get too busy, are understaffed, under the influence of drugs, are just not paying attention, or are encouraged to perform unnecessary procedures to make a profit.  As medical budgets go down and healing people becomes more of a "for profit" business, cost cutting measures are causing more medical mistakes and encouraging unnecessary procedures on those with good insurance.  Overworked surgeons, doctors, residents, and nurses are much more likely to make mistakes than well rested health care professionals.

Medical mistakes also happen more often when no one is watching.  It is extremely important when you are in the hospital to have someone that is with you and watching out for your well being.  This is especially true if you have an allergy to certain types of medicines.  Communication with your health care professionals is also important and can greatly limit medical mistakes.

Further complicated procedures such as spinal cord surgery require extremely competent surgeons that are on the top of their game to successfully complete.  A patient needs to be extremely careful when having spinal cord surgery to make sure that they have a good surgeon and everyone understands the risks of the procedure.  In some cases, even the best surgeons that do everything correctly will have bad results and the spinal cord surgery will fail.  However, at other times a defective product, a "for profit" surgeon or clinic, or a careless surgeon can cause a failed spinal cord surgery that will paralyze a patient for life.

Defective Implantable Neurostimulation System Lawyers, Medical Negligence Failed Back Surgery Lawyers, and Combination Failed Implantable Neurostimulation System Medical Negligence Spine Surgery Lawyers (Defective Implantable Neurostimulation System Medical Device and Medical Negligence Lawsuits)

As the economic pressures of the medical system keep pushing medical providers to become "for profit" and prioritize making money over the health of individual patients; unnecessary procedures, overworked staff, using defective products, and making mistakes will become more common and hurt people.  It is extremely important to thoroughly investigate any clinic, hospital, surgeon or other health care provider prior to having spinal surgery, or any other complicated procedure.  Please feel free to go to the following web pages for more information on Failed Back Surgery and Defective Implantable Neurostimulation System Lawsuits, Texas Medical Malpractice Lawsuits, and Federal Medical Malpractice Lawsuits.

Monday, July 5, 2010

Fatal Helicopter Accident Lawsuits, Fatal Air Ambulance Lawsuits, and Fatal Aircraft Maintenance Lawsuits

Fatal Helicopter Accident Lawsuits, Fatal Air Ambulance Lawsuits, Fatal Blackhawk Crash Lawsuits, Fatal Aircraft Maintenance Lawsuits, Fatal Product Liability Lawsuits, and Fatal Military Aircraft Lawsuits by Texas Fatal Helicopter Accident Lawyer Jason S. Coomer 

Faulty maintenance or manufacturing of a helicopter including both civilian helicopters and military helicopters can lead to fatal and catastrophic injuries.  Every year many service personnel and civilians are killed in helicopter accidents caused by negligent maintenance, faulty manufacturing, and/or pilot error.  In some of these fatal helicopter accidents, it is possible to seek compensation from the responsible and negligent parties that caused the fatal helicopter accident through a helicopter crash lawsuit.

Fatal Military Aircraft Accidents and Fatal Civilian Helicopter Accidents Should be Investigated to Determine the Cause and Prevent Future Accidents

Military Aircraft and Civilian Helicopter accidents that result in someone's death or catastrophic injuries should be properly investigated to determine what happened to cause the helicopter crash and to make sure that other people are not killed or injured in similar fatal accidents.  In addition to the National Transportation Safety Board, military, and police investigations, it can also be helpful to have a Fatal Helicopter Accident Law Firm investigate a fatal helicopter accident. The information obtained through these investigations as well as the military and police investigations can be extremely important in determining the cause of a fatal helicopter crash and making sure that other similar air craft accidents do not occur.  By performing an independent investigation in addition to the military and/or police investigation, there is an opportunity to make sure that important facts are not missed and that there is no cover up of important information.  

Overseas Fatal Military Aircraft Accident Lawsuits, Iraq Fatal Military Transport Accident Lawsuits, Afghanistan Fatal Combat Military Attack Helicopter Accident Lawsuits, and other Foreign Military Aircraft Accident Lawsuits

Fatal Military Aircraft Accidents that occur overseas including transport helicopter crashes, transport military air craft accidents, observation helicopters crashes, attack helicopter accidents, can sometimes be brought into the United States Judicial System, if the responsible parties are subject to United States jurisdiction.  Defective maintenance and servicing on helicopters and other military aircraft by negligent government contractors can sometimes create jurisdiction in Texas or other parts of the United States. 

Medical Transport Helicopter Crash Lawsuits, Air Ambulance Helicopter Accident Lawsuits, News Helicopter Crash Lawsuits, Helicopter Tour Accident Lawsuits, and other Helicopter Accident Lawsuits

Helicopter crashes can be caused by a variety of negligent actions including pilot error, negligent maintenance, defective equipment, and worn parts.  Whether the helicopter crash is caused by defective parts, negligent maintenance, pilot error, or other reason, the National Transportation Safety Board will investigate every civil aviation accident including helicopter crashes in the United States. 

By working with the National Transportation Safety Board and other accident investigators, Fatal Helicopter Accident Lawyers can often determine what caused a fatal helicopter crash and seek compensation from those whose negligence caused the deadly air crash.   

Defective Helicopter Lawsuits, Defective Helicopter Engine Lawsuits, Defective Helicopter Part Lawsuits, and Helicopter Manufacturer Product Liability Lawsuits

There are several manufacturers of helicopters, helicopter engines, and helicopter parts including Boeing (Boeing Vertol and McDonnell Douglas), Bell Helicopter, and Sikorsky Aircraft.  These helicopter parts and helicopter manufacturers can cause a fatal or catastrophic injury helicopter crash if they produce a defective helicopter or helicopter part.

For more information on Fatal Helicopter Crash Lawsuits and Fatal Helicopter Crash Lawyers, feel free to go to the following web page on Fatal Aircraft Crash and Helicopter Accident Lawsuits.