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

Sunday, June 2, 2013

Texas Shareholder Suppression Lawsuits: Majority Shareholders and Directors That Commit Corporate Malfeasance, Fraud, and Breach of Fiduciary Duty Can Often Be Held Liable Through Texas Shareholder Lawsuits by Texas Shareholder Suppression Lawyer Jason S. Coomer

Texas Shareholder Suppression Lawsuits: Majority Shareholders and Directors That Commit Corporate Malfeasance, Fraud, and Breach of Fiduciary Duty Can Often Be Held Liable Through Texas Shareholder Actions by Texas Shareholder Suppression Lawyer Jason S. Coomer

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

If you have a questions about a Texas shareholder suppression lawsuit or other Texas business fraud lawsuit, please feel free to send an e-mail to Texas Shareholder Suppression Lawyer Jason Coomer or go to the following web pages: Texas Shareholder Suppression Lawsuit Information and Texas Business Tort Lawsuit Information.    

Texas Business Litigation Understanding Rights, Duties, and The Importance of Evidence

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

Texas Business Torts and Unfair Competition

Unfortunately, some businesses face illegal challenges from businesses that commit unfair and illegal actions to steal business, trade secrets, intellectual property, and customers for the purpose of increasing their own profits and putting their competitors out of business.  This illegal competition, unfair competition, or corporate malfeasance can include theft of trade secrets, release of false press releases, use of short term predatory pricing, making demands of exclusive contracts from suppliers, forcing lenders to call in loans, stealing business & customers, hacking computers, infringing on intellectual property, and spreading false information in the business community.

If you are a Texas business owner and have been unfairly harmed by illegal and unfair business actions and are looking for a Texas Business Litigation Lawyer, feel free to send an e-mail message to Texas Illegal and Unfair Business Competition Lawyer Jason Coomer or use our online submission form.  As a Texas Illegal Business Competition Lawyer, he provides advice to Texas business owners concerning business torts including unfair competition lawsuits, intentional interference with business contracts, theft of trade secrets, and breach of contract claims.

Tuesday, May 28, 2013

Diabetes Drugs and Pancreatic Cancer: Incretin Mimetic Class Drugs May Cause An Increased Risk of Pancreatic Cancer by Diabetes Drug Cancer Lawyer Jason S. Coomer

Diabetes Drugs and Pancreatic Cancer: Incretin Mimetic Class Drugs May Cause An Increased Risk of Pancreatic Cancer by Diabetes Drug Cancer Lawyer Jason S. Coomer
 
Recent scientific studies have shown that some diabetes drugs in the incretin mimetic class may cause an increased health risk of pancreatic cancer and pancreatitis.  These incretin diabetes drugs include exenatide (Byetta, Bydureon), liraglutide (Victoza), sitagliptin (Januvia, Janumet, Janumet XR, Juvisync), saxagliptin (Onglyza, Kombiglyze XR), alogliptin (Nesina, Kazano, Oseni), and linagliptin (Tradjenta, Jentadueto). These drugs work by mimicking the incretin hormones that the body usually produces naturally to stimulate the release of insulin in response to a meal. They are used along with diet and exercise to lower blood sugar in adults with type 2 diabetes.  Many of these incretin diabetes drugs already include a black box warning regarding thyroid cancer risk, but evidence is growing that these drugs may also create an increased risk of pancreatic cancer.
 
If you have been taking a diabetes drug and have been diagnosed with Pancreatic Cancer or you have lost a loved one who was taking a diabetes drug and was diagnosed with pancreatic cancer, please report the adverse action to the prescribing medical doctor and FDA as soon as possible.   For more information on diabetes drug pancreatic cancer lawsuits, please feel free to send an e-mail message to Pancreatic Cancer Lawyer Jason Coomer or go to the following pages: Januvia, Janument, Victoza, Byetta, Onglyza, Bydureon, and diabetes drugs.  
 
 Diabetics Should Be Aware of Incretin Drug Pancreatic Cancer Health Risk
 
Diabetics who are taking incretin diabetes drugs including: Januvia, Janument, Victoza, Byetta, Onglyza, Tradjenta,  Oseni, and other diabetes drugs should be aware of the cancer health risks and discuss these potential health risks with their physicians.

Sunday, May 12, 2013

Bastrop Fire Lawsuits: Persons That Suffered Damages in the Bastrop Fire of 2011 Should be Aware of Upcoming Statutes of Limitations by Bastrop Fire Lawyer Jason Coomer

Bastrop Fire Lawyer: Persons That Suffered Damages Including Loss of Property Should Be Aware That The Statutes of Limitations For Some Bastrop Fire Lawsuit Claims Will Run in September 2013 by Bastrop Fire Lawyer Jason Coomer

In September 2011, the devastating Bastrop Fire caused about $250 million in damages destroying homes, businesses, and other property.  Under Texas law, persons that have suffered damages from a company's negligence typically have two years from the date of their loss to file a lawsuit or their claims are lost forever.  As such, many potential negligence claims will need to be filed by September 2013 or will be lost.  

If you have suffered damages from the Bastrop Fire and have specific questions, please feel free to  send an e-mail message to Austin Texas Bastrop Fire Lawyer Jason Coomer or go to the following web page on Bastrop Fire Lawsuit Information.

 
Residential Fires Can Cause Devastating Loss Including Loss of Life, Serious Injuries, Loss of Home, Loss of Business, Damage to Property, and Loss of Possesions

Recovering from a home fire, can be difficult.  Not only can there be the loss of life or serious injuries to deal with, but dealing with the loss of a home and a life time of possessions can be destabilizing resulting in delays in rebuilding.  It is often extremely difficult to clean up the charred remains of your home, then deal with the process of rebuilding and replacing everything. 

From the fire damage to smoke and fire suppression damage, residential fires typically require significant resources to clean up and rebuild the home.  As such, it can be extremely difficult to deal not only with the loss of life, injuries, and damages, but to also deal with the contractors, builders, insurance company, and other large companies to rebuild what they have lost and replace their losses.  For some, it is not until several months or years later that they are ready to deal with a potential lawsuit to seek compensation for their losses.    However, for those that wait too long, they can be barred from any recovery at all.

If you or a loved one have suffered serious injuries, lost a loved one in a residential fire, or have lost property from a fire, and have questions about seeking compensation, please feel free to send an e-mail message to Texas Residential Fire Lawyer, Jason S. Coomer or please go to the following web pages:

Thursday, May 2, 2013

Onglyza Pancreatic Cancer Risk: Persons Taking the Diabetes Drug Onglyza Should Be Aware of Increased Risk of Pancreatic Cancer by Onglyza Pancreatic Cancer Lawyer Jason S. Coomer

Onglyza Pancreatic Cancer Risk: Persons Taking the Diabetes Drug Onglyza Should Be Aware of the Increased Health Risk of Pancreatic Cancer That They May Face From Onglyza by Onglyza Pancreatic Cancer Lawyer Jason S. Coomer

Recent scientific studies have shown that several diabetes drugs including Onglyza may cause an increased risk of pancreatic cancer.  Persons taking Onglyza or saxagliptin should be aware of the potential danger of pancreatic cancer that they face and discuss the risks of this drug with their health care provider. If you have been taking the diabetes drug Onglyza and have been diagnosed with Pancreatic Cancer or you have lost a loved one from pancreatic cancer that was taking Onglyza, please report the adverse action to the prescribing medical doctor and FDA as soon as possible.  

For persons that have been diagnosed with pancreatic cancer or families that have a loved one that has been diagnosed with pancreatic cancer, please feel free to send an e-mail message to Onglyza Pancreatic Cancer Lawyer Jason Coomer.

 Onglyza (Saxagliptin) Is An Oral Diabetes Medication

Onglyza (saxagliptin) is a relatively new oral diabetes drug that is manufactured by Bristol-Myers Squibb and has been aggressively marketed and sold throughout the World.  This agressive marketing and sales has been extremely successful and Onglyza (saxagliptin) sales are one of the fastest growing diabetes drug sales in the World.  

Onglyza (saxagliptin) is an oral diabetes medicine that helps control blood sugar levels. It works by regulating the levels of insulin your body produces after eating.  Onglyza (saxagliptin) is for people with type 2 diabetes. Onglyza (saxagliptin) is sometimes used in combination with other diabetes medications.

For more information about Onglyza (saxagliptin) Pancreatic Cancer Lawsuits and reporting adverse events of Onglyza, please go to the following web page: Onglyza Pancreatic Cancer Lawsuit Information and Saxagliptin Pancreatic Cancer Lawsuit Information.

Monday, April 29, 2013

Whistleblower Reward Lawyer: International Whistleblower Rewards by Whistleblower Reward Lawyer Jason S. Coomer

Whistleblower Reward Lawyer: Whistleblowers that Expose International Bribes, Illegal Kickbacks, False SEC Reportings, Foreign Corrupt Practices Act Violations, and SEC Violations Can Receive Large Rewards by International Whistleblower Reward Lawyer Jason Coomer

Under the Foreign Corrupt Practices Act and the new SEC Whistleblower Incentive Program, whistleblowers with original and specialized knowledge and evidence of corporate bribery, illegal kickbacks, and other SEC violations are eligible to recover large economic awards.  By gathering this evidence and going through a lawyer, these whistleblowers can protect their identity through the process and potentially collect large rewards of 10% to 30% of the monetary sanctions imposed including disgorged funds.  If you are aware of an illegal bribe or illegal kickback that was used to secure a large contract or other FCPA or SEC violations and are interested in obtaining confidential information on a potential whistleblower reward lawsuit, please feel free to contact International Whistleblower Reward Lawyer Jason Coomer via e-mail message or use our submission form


Foreign Corrupt Practices Act Whistleblowers Can Obtain Large Rewards for Exposing International Bribes, Illegal Kickbacks, Slush Funds, and other Illegal Activities

 The Foreign Corrupt Practices Act and the new SEC Whistleblower Incentive Program work together to reward whistleblowers with original and specialized knowledge and evidence of international business corporate bribery and illegal kickbacks.  These new international business whistleblower reward laws are part of a worldwide movement to expose and punish government corruption such as contract bribes, illegal kickbacks, and large scale international fraud.  These Foreign Corrupt Practices Act should help prevent government corruption in many countries including Russia, China, Mexico, and Brazil.
For more information on this topic, please feel free to go to the following web page: International Business Bribery Whistleblower Reward Lawsuit Information.

Thursday, April 18, 2013

Texas Plant Explosion Lawyer Represents Families of Those Killed in Industrial Accidents by Texas Plant Explosion Lawyer Jason S. Coomer

Texas Fatal Plant Explosion Lawyer Represents Families of Those Killed in Plant Explosions, Refinery Explosions and Other Industrial Accidents by Texas Fatal Plant Explosion Lawyer and Texas Refinery Explosion Lawyer Jason S. Coomer

Plant explosions and other industrial accidents can cause catastrophic damages, severe injuries and even death.  A number of safety violations can cause a plant explosion including chemical releases, failure to provide proper maintenance, combustible dust, improperly trained staff, and old equipment.  After any fatal plant explosion, fatal refinery explosion, or other deadly industrial accident, a thorough investigation should be done to determine the cause and make sure that similar accidents do not occur in the future.

It should also be understood that people injured in or families that lose a loved one in a plant explosion, refinery explosion, or other industrial accident may have a claim against those responsible for the accident.  For more information on this topic, please feel free to contact Texas Plant Explosion Lawyer Jason S. Coomer via e-mail message or use this submission form.

Texas Plant Explosion Lawsuits, Texas Refinery Explosion Lawsuits, and Texas Industrial Accident Lawsuits Can Include Plant Explosions That Occurred in Texas or Plant Explosions That Occurred Elsewhere, But Were Caused By Negligence In Texas or by Texas Corporations

Industrial accidents and other mass tort claims including chemical plant explosions, chemical releases, refinery explosions, large warehouse fires, and pipeline explosions cause mass destruction including death, personal injuries, and significant damage.  Because of our global economy, these industrial accidents can take place any place in the United States or in the World, but be caused by greedy corporations and negligent people in Texas or other parts of the United States.  In many instances following a large industrial accident the families of the victims have a difficult time locating a Texas Industrial Accident Lawyer or United States Industrial Accident Lawyer to handle accidental death claims, personal injury claims, or property damage claims against Texas corporations or United States corporations that made negligent safety decisions.  By working with other Texas Industrial Accident Lawyers and United States Industrial Accident Lawyers, Jason Coomer is often able to assist people that have suffered the loss of family members, serious personal injuries, and significant property damage from large industrial accidents. 

Under Texas law those that make money and control heavy industries have a duty to be aware of potential dangers.  They also have a duty to actively work to minimize dangers that they are aware of that could kill, poison, burn, or injure people or cause significant damage to property.  Further, careless people or businesses that have made decisions to save money and these decisions have resulted in a catastrophic industrial accident should be held responsible for there actions.  Families, businesses, and communities that have suffered significant damages from large explosions, chemical spills, fires, train derailment, flooding, or other large industrial accident need to be compensated.  In some circumstances injured people, the family of a lost loved one, or a businesses can recover damages under Texas law.  

Texas Fatal Plant Explosion Lawsuits, Texas Fatal Refinery Explosion Lawsuits, and other Texas Deadly Industrial Accident Lawsuits

Texas Fatal Plant Explosion Lawsuits, Texas Fatal Refinery Explosion Lawsuits, and other Texas Fatal Industrial Accident Lawsuits include different types of potential death claims and different types of compensation that can be obtained through the Texas legal system.  It is important to properly investigate all potential death claims under Texas law.  

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. 

Texas Wrongful Death Claims Are a Type of Legal Claim That Can Be Filed In An Texas Accident Death Lawsuit by the Family of A Person Wrongfully Killed

The Texas 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

Texas Wrongful Death Claims are created by Texas law for the intentional or negligent killing of a person.  These claims are usually sought through filing a Texas Wrongful Death Lawsuit.

Texas Survival Actions or Texas Estate Claims Are a Type of Legal Claim That Can Be Filed In An Texas Accident Death Lawsuit by the Heirs or Beneficiaries of a Person Wrongfully Killed

Texas survival actions or Texas Estate claims 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
To obtain survival accident damages, it is typically necessary to file a probate lawsuit to establish an estate administrator or executor and to determine who a person's lawful heirs or beneficiaries were at the time they were wrongfully killed.

Texas Plant Explosion Lawsuit Information, Texas Refinery Explosion Lawsuit Information, and other Texas Industrial Accident Lawsuit Information
 
For more information on Texas Explosion Lawsuits, Texas Refinery Explosion Lawsuits, and Texas Industrial Accident Lawsuits, please feel free to send an e-mail message to Texas Plant Explosion Lawyer Jason Coomer or use this ubmission form.

Saturday, April 6, 2013

Texas Unclaimed Property Lawyer Represents Families, Heirs, and Beneficiaries Claim Unclaimed Property by Texas Unclaimed Property Lawyer Jason S. Coomer

Texas Estate Unclaimed Property Lawyer Represents Families, Heirs, and Beneficiaries Claim Life Insurance, Estate Property, Inheritance, Bank Accounts, Retirement Funds, and Other Unclaimed Property by Texas Unclaimed Property Lawyer Jason Coomer

The State of Texas is currently safekeeping over $2 billion in unclaimed property.  These assets include a vast amount of family inheritance that has been lost or unclaimed because of a person's death or incapacity.  This property often will require a probate administration and the assistance of a Texas probate lawyer to free help free the unclaimed property.

For more information on collection of unclaimed property, please feel free to send an e-mail message to Texas Unclaimed Property Lawyer, Jason Coomer.


Families Living Outside of Texas Can Often Hire a Texas Texas Estate Unclaimed Property Lawyer to Handle Most of the Probate Process to Claim Inheritance and Texas Unclaimed Property


It is becoming more common for family members not living close in proximity to a recently deceased relative to not know what is in the decedent's estate and not know how to clear title to their family members assets.  This distance and lack of knowledge will often result in inheritance including mineral interests, life insurance, bank accounts, retirement funds, houses, and royalties being lost to unclaimed property.  In instances where there are significant assets in a person's estate, it can often be a good idea to locate a local Texas probate attorney that can assist in collecting the estate assets and moving the estate including real estate, mineral interests, bank accounts, and houses through the probate process. 

Communication Can Often Help Prevent the Loss Of Inheritance

In our modern society when families can be spread out throughout the World and significant wealth can be lost, stolen, or forgotten.  It is often a good idea to keep a safety deposit box with an inventory of all your assets and have a person or people that you trust that can get access to your safety deposit box should something happen to you.  Though many people prefer to avoid envisioning a time when their may die or become incapacitated, it is often important to make plans prior to a crisis arises for you or your family.

Texas Estate Unclaimed Property Lawyer Represents Families, Heirs, and Beneficiaries Claim Life Insurance, Estate Property, Inheritance, Bank Accounts, Retirement Funds, and Other Unclaimed Property by Texas Unclaimed Property Lawyer Jason Coomer

For more information on collection of unclaimed property including Texas mineral interests, Texas royalty income, Texas unclaimed property, Texas bank accounts, Texas life insurance policies, and other Texas estate property, please feel free to follow this link to Claiming Texas Estate and Probate Unclaimed Property, Mineral Interests, and Royalty Information.  

Tuesday, March 19, 2013

Pancreatic Cancer and Diabetes Drugs: Large Profits Encourage Drug Companies To Sell Dangerous Diabetes Drugs by Pancreatic Cancer Diabetes Drug Lawyer

Pancreatic Cancer and Diabetes Drugs: The Diabetes Drug Market is Over $40 Billion Each Year and Growing Rapidly Encouraging Drug Companies To Push Dangerous Diabetes Drugs To Increase Profits by Pancreatic Cancer Diabetes Drug Lawyer Jason S. Coomer

More than 300 million people worldwide suffer from diabetes, including about 30 million Americans.  In 2010, the global prevalence of diabetes was estimated to have reached 285 million and is predicted to reach 438 million by 2030. The corresponding figures for North America were 37.4 million in 2010 and 53.2 million by 2030 and in Europe 55.2 million in 2010 and 66.2 million in 2030.  The global market for products in the management of diabetes currently stands at $41 billion and is on pace to grow to over $114 billion by 2018. As such, several drug companies are pushing hard to capture a large part of the profitable diabetes drug market regardless as to the safety of their drug.

Pancreatic Cancer and Diabetes Drugs: Several Different Types of Diabetes Drugs Have Been Shown To Cause An Increased Risk of Pancreatic Cancer

Recent scientific studies have shown that several diabetes drugs may cause an increased risk of pancreatic cancer.  People that are taking Onglyza, Tradjenta, Bydureon, Oseni, Byetta, Victoza, Januvia, or Janumet should be aware of the potential dangers of these drugs and should discuss the potential dangers of these drugs with their physician.  

If you have lost a loved one from Pancreatic Cancer who was taking a diabetes drug or you have been taking a diabetes drug and have been diagnosed with Pancreatic Cancer, please report the adverse action to the prescribing medical doctor and FDA as soon as possible.  Attorneys are in the process of filing and reviewing lawsuits where a person has developed pancreatic cancer after taking Onglyza, Tradjenta, Bydureon, Oseni, Byetta, Victoza, Januvia, and/or Janumet. For more information on this topic, please feel free to contact Diabetic Drug Pancreatic Cancer Lawyer, Jason S. Coomer or go to the following webpage: Pancreatic Cancer Lawsuit Information.

Pancreatic Cancer Detection: Understanding and Identifying Symptoms of Pancreatic Cancer Can Be Important In Early Detection and Treatment of Pancreatic Cancer Resulting in Higher Pancreatic Cancer Survival Rates

Symptoms of pancreatic cancer can include: dark urine and clay-colored stools, fatigue and weakness, jaundice (a yellow color in the skin, mucus membranes, or eyes), loss of appetite and weight loss, nausea and vomiting, pain or discomfort in the upper part of the belly or abdomen, back pain, blood clots, diarrhea, and indigestion.

Pancreatic cancer is often not detected early on and is often advanced when it is first found.  As such, ninety-five percent of the people diagnosed with this cancer will not be alive 5 years later.  Some patients have pancreatic cancer that can be surgically removed are cured. However, in more than 80% of patients the tumor has already spread and cannot be completely removed at the time of diagnosis.  In the few cases where pancreatic tumors can be removed by surgery. The standard surgical procedure to remove pancreatic tumors is called a Whipple procedure (pancreatoduodenectomy or pancreaticoduodenectomy). This surgery should be done by an experienced surgeon and at a medical center that performs the procedure often. Some studies suggest that the Whipple procedure is best performed at hospitals that do more than five of these surgeries per year.

When the tumor has not spread out of the pancreas, but cannot be removed, radiation therapy and chemotherapy together may be recommended. When the tumor has spread (metastasized) to other organs such as the liver, chemotherapy alone is usually used. The standard chemotherapy drug is gemcitabine, but other drugs may be used. Gemcitabine can help about 25% of patients.

Patients whose tumor cannot be totally removed, but who have a blockage of the tubes that transport bile (biliary obstruction) must have that blockage relieved. There are two approaches including surgery and placement of a tiny metal tube (biliary stent) during ERCP.

Managing pain and other symptoms is an important part of treating advanced pancreatic cancer. Palliative care tams and hospice can help with pain and symptom management, and provide psychological support for patients and their families during the illness.

Monday, March 18, 2013

Texas Real Estate Partitions Are Often Needed When Families Inherit Real Property by Texas Real Estate Partition Lawyer Jason S. Coomer

Texas Real Estate Partitions Are Often Needed When Families Inherit Real Property by Texas Real Estate Partition Lawyer Jason S. Coomer

Texas Real Estate Partitions are often needed when heirs, family members, and beneficiaries inherit Texas real estate and want to partition or divide the inherited real estate.  A Texas real partition lawsuit can force the division or sale of inherited real estate including: commercial buildings, farms, mineral interests, lake houses, ranches, condominiums, houses, or commercial property.  
 
For information on Texas Inheritance Real Estate Partition Lawsuits or Texas Probate Real Estate Forced Sale Lawsuits, please feel free to go to the follow webpage: Texas Real Estate Partition Lawsuit Information or please send an e-mail message to Texas Real Estate Partition Attorney Jason S. Coomer.  

What is a Texas Real Estate Partition (Partition in Kind v. Partition by Sale)
 
In simple terms a Texas real estate partition divides Texas real estate interests.  When real estate is a large tract of land and owned by several different owners, a partition may be done as a partition in kind by dividing the land into sections so each owner ends up with a separate, but equal portion of the real estate.  This partition process can be simple or complex depending on several factors including the type of real property that is being divided and the determination of the owners to litigate.  The goal in a partition is to make sure that the division or partition is fair among the owners.  

However, when the real estate is a house, building, or other unique real estate a partition may be impractical or impossible.  Some real property just cannot be divided by the owners including a house or building.  In dealing with such unique property, the partition may need to be a partition by sale.  A partition in kind is a division of the property itself, whereas partition by sale constitutes a forced sale of the land, followed by division of the profits thus realized among the owners of the real estate.  A common example of the partition by sale occurs when more than one person inherits a house or building.

When Does a Texas Real Estate Partition Lawsuit Typically Occur?
 
Texas real estate partition lawsuits commonly occur after heirs or beneficiaries inherit a house or other real estate.  In this situation, it is common for the heirs or beneficiaries to not be able to agree to whether to keep or sell the property.  In some instances all or some of the heirs or beneficiaries live out of state, or have their own homes and have no need for another house or additional real estate.  In other instances some of the heir or beneficiaries need cash and want to sell their interest.  In still other situations, one or more of the heirs or beneficiaries do not want to sell a family house or family real property, but cannot afford to purchase the other heir's interest in the house or other property.  In many of these situations, a real estate partition by sale may be necessary to sell or divide the inherited property. 

Wednesday, March 13, 2013

Defective Spinal Stimulators: Medtronic Stimulators and Boston Scientific Stimulators May Malfunction by Defective Spinal Stimulator Lawyer Jason S. Coomer

Defective Spinal Stimulators: Implantable Neurostimulation Systems Including Medtronic Spinal Stimulators and Boston Scientific Spinal Stimulators May Malfunction Requiring Removal or Replacement of the Device by Defective Spinal Stimulator Lawyer Jason S. Coomer

Defective Implantable Neurostimulation Systems have caused many people to suffer severe shocks, severe pain, and other significant health problems. Persons with or thinking about receiving a Boston Scientific spinal stimulator or Medtronic stimulator should speak with their health care provider about the potential health risks of having a spinal stimulator implanted in them as well as make sure that the device is being used for an FDA approved indication.

Persons that have experienced malfunctioning batteries and other problems with an implanted spinal stimulator, should consult their health care provider and make sure that any adverse health events from the implanted spinal stimulator are reported to the FDA. For more information on defective spinal stimulator lawsuits, please go to the following web page: Defective Implantable Neurostimulation  System Lawsuit Information or use our submission form to send an inquiry to Defective Spinal Stimulator Lawyer Jason Coomer.

FDA Action on Spinal Stimulators

The U.S. Food and Drug Administration (“FDA”) issues warning letters when it finds certain problems that it wants a company to fix.  In a letter dated July 17, 2012, the FDA issued a warning letter related to Medtronic’s process for handling complaints and stated that regulatory action might ensue should the manufacturer fail to address the agency’s request to take action.

The FDA is seeking information from persons that have experienced the following symptoms from stimulators:
  • Severe irritation and  burning at the battery site
  • An inability to control the stimulator (resulting in unwelcome jolts, pain, or temporary paralysis)
  • Severe burns while recharging the battery
  • Premature battery depletion
  • Bladder problems
  • Increased numbness
  • Lead migration and broken anchors
  • Partial paralysis
Removal of Defective Spinal Stimulators May Be The Basis for a Lawsuit 

In most cases, when a stimulator is found to be defective it must be removed. This surgery can be both costly and cause its own complications. Not only is there always a risk of infection with every surgery, but because the removal of a stimulator requires navigating delicate nerves in the spine, it is possible that nerves can be nicked or otherwise damages during the procedure leading to symptoms such as weakness, pain, or numbness in the body. In some cases, removal of the simulator can result in a leakage of spinal fluid from the epidural space, leading to severe and long-lasting headaches or feelings of fatigue which may heal on its own or may require its own surgery to repair.

Implantable Spinal-Devices Are a Multi-billion Dollar Industry and Two of Leading Manufacturers In the Industry Are Medtronic and Boston Scientific

Implantable Neurostimulation Systems and other spinal-devices are a huge business for the medical implant device industry.  The global market for spinal-devices is currently over $ 3 billion per year and is expected to increase to over $5 billion per year by 2018.

Neurostimulators 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. 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, because of the profits to be made from implanting a spinal stimulator, many people have received spinal stimulators for off-label or non-approved indications.  

Medical professionals that are aware of significant off-label use of spinal stimulators are encouraged to properly report any Medicare fraud or Medicaid fraud that may be occurring.  Please feel free to go to the following web page for information on Qui Tam Whistleblower Reward Lawsuits and Reporting Medicare Fraud.

Spinal Stimulator Lawsuit Information

In reviewing potential failed back surgery implant lawsuits, it is important to obtain copies of your medical records and to determine if the implantable neurostimulation system was properly implanted by the spinal surgeon or if the spinal stimulator was defective.  If the spinal stimulator was defective and has/had to be removed, it is important that the defective device is kept as potential evidence.  For more information on this topic, please feel free to go to the following web page, Failed Back Surgery and Defective Implantable Neurostimulation System Lawsuits.