Litigation

Multaq and Liver Damage? Update for April 2011

Posted on March 30, 2011
The U.S. Food and Drug Administration (FDA) is alerting healthcare professionals and patients about cases of rare, but severe liver injury, including two cases of acute liver failure leading to liver transplant in patients treated with the heart medication dronedarone (Multaq)...

Retinopathy of Prematurity: Is Treatment with Avastin an Option?

Posted on February 17, 2011
Image via WikipediaAn interesting read from the web this morning from the NEJM. Premature, low  birth weight babies face a minefield of issues when brought into the world. One of most serious issues is the propensity for retinal blood vessels to grow amuck in response to erratic biochemical signals; these vessels can bleed and scar, leading to retinopathy of prematurity (ROP) — a major cause of childhood blindness in the developed and developing worlds...

GA Bar Pres. - Slow Justice Takes an Economic Toll on GA Businesses

Posted on February 15, 2011
Court slowdowns cost Georgians jobs. That fact is part of a compelling read from current Georgia Bar President Lester Tate. He wrote to the Atlanta Journal Constitution the letter below. He confirms with real facts that cutting funding to the justice system, while flooding the courts in some states with foreclosure actions and collection lawsuits grinds the system to a halt...

First Darvocet Case Filed in Georgia State Court 1/7/11

Posted on January 07, 2011
Today attorneys Joe Fried and Mark Zamora filed a Darvocet personal injury case in State Court in Georgia. It alleges a heart injury, among other things. The allegations include negligence, strict liability, and breach of warranties, among others. In the negligence action, among several claims, Plaintiff alleges:   Each Defendant was also Negligent per se in that they violated the following federal safety regulations and laws, each of which was intended for the benefit of individual consumers such as the Plaintiff: Federal Food, Drug and Cosmetic Act, 21 U...

To access this complete feed in the blog feed reader login or register for free.

Lupron Legal

Posted on December 04, 2010
Lupron As Hormone Therapy Abbott Labs is the marker of Lupron, more commonly referred to as leuprolide. Lupron is supposed to help both men and women's sexual health, ailing in the treatment of prostate cancer for men and helping to combat endometriosis in women...

Advanced Bionics Announces Voluntary Recall of the HiRes 90K Cochlear Implant

Posted on November 27, 2010
Advanced Bionics has announced today that it has notified the US Food & Drug Administration (FDA) that it will voluntarily recall its HiRes 90K cochlear implant device and is retrieving all unimplanted devices in distribution.    This action is being taken in response to two confirmed instances where the product experienced a malfunction requiring explantation...

Well written Remand Order (USDCT)

Posted on November 20, 2010
Find it here:   http://www.slideshare.net/mzamoralaw/steele-remand-order-11th-circuitFrom the Order:   The question is whether a specific settlement demand, given all the evidence presented, established by a preponderance of that evidence that the amount in controversy exceeds $75,000...

Darvocet Recall: Claims, Injuries, and Lawsuits

Posted on November 20, 2010
The news is out, but what do people know about how the recall came to be? The consumer interest group Public Citizen filed a federal lawsuit last year against the U.S. Food and Drug Administration (FDA) claiming that the agency violated the law by failing to act on a petition filed in 2006, which urged the removal of Darvocet, Darvon and generic propoxyphene drugs from the market because they have been associated with over 2,000 accidental deaths, are physically addictive and are no more effective than other safer painkillers...

Darvon and Darvocet/Propoxyphene Recall News November 19, 2010

Posted on November 19, 2010
The FDA  has asked that propoxyphene, (brand names Darvon and Darvocet, Xanodyne Pharmaceuticals) be removed from the US market. The decision will also affect generic manufacturers and the makers of propoxyphene-containing products. The FDA has told medical professionals to stop prescribing propoxyphene...

Florida State Court Case Regarding Facebook/S.M. Discovery

Posted on October 12, 2010
35 Fla. L. Weekly D1018 is the cite: www.5dca.org/Opinions/Opin2010/050310/5D09-3828.op.pdf IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010 LORELL HOLLAND, Petitioner, v. Case No. 5D09-3828 KIMBERLY BARFIELD, as Personal Representative for the ESTATE OF BRANDON SCOTT LEDFORD, Respondent...

Recent Medicare Appellate Decision Worth a Read

Posted on October 12, 2010
    Bradley v. Sebelius – 11th Circuit Approves Equitable Distribution of a Settlement to Reduce Medicare Conditional Payment   In this very important decision, Bradley v. Sebelius, the 11th Circuit Court of Appeals approved a probate court's equitable distribution findings to reduce a Medicare conditional payment obligation...

Form: Order permitting Video in Courthouse

Posted on October 11, 2010
ORDER ALLOWING THOMAS AIMS TO ENTER THE FULTON COUNTY COURTHOUSE WITH VIDEO AND TELEVISION EQUIPMENT               Plaintiffs having moved for permission for [NAME] to enter the Fulton County Courthouse with audiovisual equipment at the jury trial of the above-captioned case,             IT IS HEREBY ORDERED that [NAME] be allowed to enter the Fulton County Courthouse with all televisions, video equipment, DVD players receivers, cables, computers and/or related materials which are necessary to play for the jury footage of video depositions which were previously taken in the above-captioned case...

Another Spoliation Letter

Posted on October 11, 2010
Working on a more general letter. Here is what we have had success with in our office:   I represent Mr. X, Representative Plaintiff in the above-styled matter. Contemporaneous with receipt of this letter your counsel has also been served with a draft of the Complaint (hereinafter the 'Complaint') which will be filed in the Superior Court of Red County...

Meridia Withdrawal News

Posted on October 11, 2010
From the FDA: AUDIENCE: Primary Care, Consumers ISSUE: Abbott Laboratories and FDA notified healthcare professionals and patients about the voluntary withdrawal of Meridia (sibutramine), an obesity drug, from the U.S. market because of clinical trial data indicating an increased risk of heart attack and stroke...

Independent Medical Examination

Posted on October 04, 2010
They call it an "independent medical examination."  Really, it is three lies for the price of one. You can't get a better deal at Walmart.  Because it is certainly not independent, there is no medical treatment involved, and there is little, if any, examining going on...

Retinopathy of Prematurity Study (ETROP), Key Study

Posted on September 08, 2010
My office has worked on cases involving ROP in young children. I get asked about what might be the best source for information and to me it's the ETROP study. At age 5 1/2 years, the oldest age for which follow-up data are available, children with threshold ROP who were enrolled in the Cryotherapy for Retinopathy of Prematurity (CRYO-ROP) -- Outcome Study showed fewer treated eyes (31...

Savannah - LNG Tankers in Streets are a bad idea

Posted on August 24, 2010
Recently a Liquid Natural Gas producer suggested it should be allowed to deliver LNG from Savannah, GA throughout the south, to include Atlanta. From Savannahnow.com: A new proposal from the operator of Elba Island, one of the largest importers of liquefied natural gas or LNG in the country, would have some of that natural gas stay in its liquid state and make the journey out of Elba by tanker truck...

Oil Spill Blog for Alabama and Georgia Debuts

Posted on June 25, 2010
Here is the link to the BP Oil Spill blog:  http://bp-oil-spill-lawyer.blogspot.com/ Lawyers who collaborate on this blog are the lead lawyers there -Ricky Kuykendall and Mark Zamora   

Alabama and Georgia: Law Blog Regarding Oil Spill Debuts

Posted on June 25, 2010
Here is the link to the BP Oil Spill blog:  http://bp-oil-spill-lawyer.blogspot.com/ or oil-spillattorneys.com Lawyers who collaborate on this blog are the lead lawyers there -Ricky Kuykendall and Mark Zamora       

FL Court: Commercial Fishermen Have Causes of Actions Based on Pollutants' Release

Posted on June 19, 2010
A recent Florida Supreme Court decision is especially timely given the man made catastrophe in the Gulf. The Court answered two certified questions:     DOES FLORIDA RECOGNIZE A COMMON LAW THEORY UNDER WHICH COMMERCIAL FISHERMEN CAN RECOVER FOR ECONOMIC LOSSES PROXIMATELY CAUSED BY THE NEGLIGENT RELEASE OF POLLUTANTS DESPITE THE FACT THAT THE FISHERMEN DO NOT OWN ANY PROPERTY DAMAGED BY THE POLLUTION?     DOES THE PRIVATE CAUSE OF ACTION RECOGNIZED IN SECTION 376...

Georgia: Oil Spill Lawyer Mark Zamora 404-451-7781: Making an Oil Spill Claim

Posted on June 02, 2010
Mark has grown up in the Gulf South, and he spends his time in its waters, near its waters, or in its waters.   The office gets many questions: Question: What legal options are available to individuals or businesses that are damaged by the oil spill in the Gulf of Mexico? Answer: There are two main avenues to recover monetary damages: through traditional state-law causes of action, such as negligence; and through the federal Oil Pollution Act of 1990 ('OPA')...

Oil Spill Lawyers Alabama/Georgia 5/22/10: Making a Claim (256-702-5005)

Posted on May 22, 2010
Alabama gulf coast lawyer Rick Kuykendall and Georgia lawyer Mark Zamora outline general information on making a claim under the Oil Spill Act:   Federal law allows people to make a claim now under the Oil Pollution Act. What are the particulars?     <b>What Claims May Be Submitted?</b> Claims can be submitted for a number of problems associated with either the oil spill or even the substantial threat of discharge of oil...

May 9, 2010: Alabama Oil Spill Lawsuits: 256-702-5005

Posted on May 09, 2010
Already there are as many as 24 federal lawsuits filed in Mobile.    The class-action complaints seek to represent a wide and overlapping cross-section of people and business interests -- from fishermen to beachside condominium owners and managers to restaurants to seafood processors...

Florida/Alabama Oil Spill Law Blog: http://oil-spillattorneys.com Debuts 5/6/10

Posted on May 06, 2010
Find it here.   oil-spillattorneys.com/   More of our information will be there.

Alabama/Louisiana Oil Spill: Complaint filed 5/6/10: United Comerical Fishermans Association v. BP and Others 256-702-5005

Posted on May 06, 2010
We're diligently working to protect those in the Commercial Fishing Industry as the man made calamity continues. I'm praying for  minor damage.   Here's part of the Motion filed today:  RKlaw/safety-motion-for-tro-00082468   PLAINTIFF'S SUPPLEMENTAL EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER NOW INTO COURT, through undersigned counsel, comes Plaintiff, George Barisich, individually and on behalf of the United Commercial Fisherman's Association, Inc...

Florida Oil Spill Lawsuit News May 4, 2010

Posted on May 04, 2010
From Kuykendall and Associates, 2013 1st Avenue North Birmingham, AL 35203-4140, (205) 252-6127:   Florida Gov. Charlie Crist said Tuesday it is "within the realm of possibility" that the state will sue BP PLC over any damage the Gulf oil spill causes...

5/3/2010: BP/Transocean/Halliburtion Oil Spill Update for Alabama

Posted on May 03, 2010
Alabama Gov. Bob Riley says most of the inflatable booms deployed to catch the oil spill are breaking down, forcing crews to rework their contingency plan. Riley said Sunday that 80 percent of the thousands of feet of booms the Coast Guard and other crews have laid down off the Alabama coast over the past three days have broken down in the bad weather...

May 3, 2010: BP Says "Misstep" in Waiver Language

Posted on May 03, 2010
BP  said on Monday that waiver clauses in contracts it offered to Alabama fishermen to help fight the Gulf of Mexico oil spill had drawn allegations that it was trying to buy them off to give up the right to sue the company. "That was an early misstep," BP Chief Executive Tony Hayward told National Public Radio, when asked about Alabama media reports about a waiver campaign...

Hurt by Ultimate Power Meal? 256-764-0095

Posted on May 03, 2010
Our office is investigating claims for those innocent people who used Null's Ultimate Power Meal/Power Meal, which it has been determined has excess calcium.  At least one person (Null) had  been ingesting 2 million international units of Vitamin D every day, 2,000 times the recommended dose and 1,000 times what the power meal was supposed to contain...

May 1, 2010 Alabama Oil Spill - BP at Bayou La Batre Meeting

Posted on May 02, 2010
On Saturday afternoon May 1, as the oil spill continued to work its way onto the northern Gulf Coast, BP held what it had said would be a public information meeting in the south Alabama fishing town of Bayou La Batre.     Those in attendance included town leaders, fishermen, local business owners and townspeople, all of whom are certain to be economically damaged by the oil slick now bearing down on the coastline...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.