Manufacturers are Liable for any Injury Caused by Their Drug

State and federal agencies help one another in ensuring the safety and well-being of all American citizens, especially in the area of healthcare. These agencies include:

The U.S. Food and Drug Administration, which sees to the safety and effectiveness of drugs before approving these for patient use;

The Division of Medication Error Prevention and Analysis (DMEPA), the branch of the Center for Drug Evaluation and Research (CDER) that is tasked to appraise reports on errors involving generic, over-the-counter, prescription and other types of drugs; and,

The Institute for Safe Medication Practices (ISMP) and the United States Pharmacopeia (USP), both of which work to minimize the risk of medication errors or ensure safety against medication errors.

Despite the standard pharmaceutical companies should comply with and the presence of these organizations, many kinds of drugs continue to cause adverse effects, harming patients rather than providing them the treatment they seek.

One of the possible reasons why some drugs turn out to be harmful is lack of proper tests on these. Before gaining approval from the U.S. Food and Drug Administration, pharmaceutical companies should test their drugs to fully determine their effectivity and safety. However, since these companies sponsor the tests on their own drugs, some are able to conceal from the FDA unfavorable results and submit only results that show their drug’s safety and effectivity.

Hundreds of drugs have already been issued a black box warning by the FDA (this type of warning is the most serious warning the FDA issues). Many others have been recalled by the FDA or have voluntarily been recalled by their manufacturers – but not after these have already been linked to serious harm or patient death. Due to adverse effects, thousands of medical malpractice lawsuits against drug manufacturers have and continue to be filed in courts every year. In fact, many of these lawsuits have caused manufacturers millions of dollars in settlement claims.

In one website with address,, there is an article that says, “Although pharmaceutical companies and drug manufacturers must undergo years of research and testing before their products reach consumers, unsafe drugs still find their way onto the market at alarming rates. Prescription and over-the-counter drugs frequently become available for consumption before their risks are properly understood, resulting in an increased health hazard that threatens public safety. Despite the Food and Drug Administration’s (FDA) mandatory regulations of drugs before they even hit the market, the availability of dangerous drugs remains prevalent.

Even worse, sometimes even if there is reliable proof that these dangerous drugs lead to serious medical complications, drug manufacturers will still market the drug and stifle warnings of its adverse effects to consumers. Dangerous drug lawyers believe deceiving consumers to make a profit is unconscionable, thus, they fight in behalf of those harmed to hold misleading drug manufacturers accountable for their personal injury.

A manufacturer is held liable for any injury caused by their drug, even if they were unaware of the drug’s danger. Some pharmaceutical products cause enough widespread injury that mass tort litigation is brought against responsible manufacturers.”

Difference Between Assault and Battery

Assault and battery are often associated with each other, so some of us think that they are somewhat the same. In a way, they are, because they essentially tackle threats of violence and physical altercations, that can lead to physical injury, emotional and psychological damage, and other inconveniences. But according to the website of Charleston personal injury lawyers, assault and battery are not exactly the same.

Assault happens when the conduct of another person gives you reasonable fear of bodily harm. For example, if a person threatens you of injury, and this person has the capability to actually execute it, he may be guilty of assault. The key here is knowing that the words the person uttered are not empty threats. They have the physical ability and the machinery to put the threats into action, putting you in a place of reasonable fear. This means that a person may be guilty of assault even though there is no physical contact yet.

For example, if a person throws a rock on you and he misses, he may be guilty of assault even though you are not hurt, because there is sufficient evidence for harm. If the rock hits you, the person may be charged with battery.

Battery happens when a person performs a violent act against you, regardless of the degree and force of the act. Examples of such violent acts are beating, using of dangerous objects that can cause injury, and using of weapons that can cause serious injury.

Below is the significant differences between assault and battery.

  • Assault does not require physical harm
  • Battery requires physical harm
  • A person who is guilty of assault is not necessarily charged with battery
  • A person who is guilty of battery is essentially guilty of assault as well
  • Assault may be hard to prove because it is not easy to provide evidence of threat
  • Battery may be easy to prove because of physical evidence
  • Battery often has a more severe punishment

The essential difference of assault and battery is the amount of contact between the assailant and the victim.

Laws Regulating Trucks and Truck Accidents

As they are larger than cars and other vehicles, accidents involving trucks will most likely be devastating. The website of Abel Law Firm reveals that driving 18-wheelers and other large trucks is a difficult and dangerous occupation. Weighing approximately 40 tons, it is no surprise that accidents involving them will result to serious injuries. Determining liability in trucking accidents is dependent on certain laws and regulations and they are the following:

1. State and Federal Laws

The two main Federal agencies that regulate the trucking industry are the US Department of Transportation (DoT) and the Federal Motor Carrier Safety Administration (FMSCA). The industry regulations are contained in Title 49 of the Code of Federal Regulations. Each state has its own department of transportation to control intra-state commercial trucking.

If the truck driver or company violated the regulations that apply to his work, they can be held liable for the injuries.

2. Licensing

Drivers of large trucks should abide by state statutes and case law on commercial drivers’ licensing. If the driver involved in an accident did not have the required license, you can have a case against them.

3. Rest for the Drivers

State and Federal laws also regulate the working hours of commercial truck drivers without taking a break or resting.

4. Maximum Weight Allowed

The maximum weight of a truck is also regulated depending on the size of the truck. Overloading the truck can be dangerous. Thus, during an accident, the load that the truck carries and when it was last weighted will play an important part in the investigation of the accident.

5. Quality Control

Commercial vehicles are regulated in both manufacturing and repairs to ensure that they pass quality control. If a defect in the truck caused your accident, then you may can hold the manufacturer, supplier, and repairer of the truck liable.

6. Hazardous Waste

The Office of Hazardous Materials Safety (OHMS) implements safety regulations for transporting hazardous materials. If these regulations are violated, you may hold the company and the driver liable for the violation.

Senior Population Continues to Increase

When our elderly loved ones are no longer capable of taking care of themselves and fulfilling their daily needs, it might be a good time to consider entering them into assisted living facilities. In those facilities, as said on, there is a care staff whose focus is to help the elders with their everyday tasks, such as bathing, eating, and dressing up. While you may be overwhelmed by the costs of assisted living, you should first take into consideration the best possible care that your loved one deserves to have. It is always of utmost importance to give the elders the best quality of assistance.

According to the Georgia Senior Living Association, the population of seniors that will need assisted care is increasing.

Assisted home facilities are equipped with materials that will suit the elders’ needs, which changes from time to time. They have amenities that are carefully made for elders who need extra assistance. A normal in-home care might not be able to provide that for your loved one.

Secondly, by moving your elder into assisted living, you will also be giving them the chance to be in a place with readily available medical care. Since the main focus of the facility is on the elderly, it will be easier for the staff to determine what is required and needed by the elder. Easy access to medical help is advantageous, especially in situations that needs immediate solution, which may not be possible if the elder remained at home without supervision.

Full-time and 24/7 assistance is also one of the best reasons why assisted living will suit your loved one, according to Elders who suffer from Alzheimer’s or dementia do not have to worry at night, since assisted homes are manned by a staff at all times.

Ultimately, there are benefits provided by the government that are only applicable to those who are living in assisted homes. Additionally, the family members will not need to go through a complicated process with these benefits, since most assisted homes provide financial specialists of their own, according to

You may be thinking of how all these would cost, but the endgame is to always make sure that your loved one is safe and is given the best possible care you can provide, so moving into assisted living may just be the solution to your problem.

Telling your customers when to renovate or extend

The dilemma of choosing between home extension and renovation can be tremendously confusing to your clients. According to the US Environmental Protection Agency, as an expert, you need to give them an objective view of which choice will benefit them the most. But you should be careful not to lead your clients to a decision that only you want and they don’t actually need. Remember, as experts, you need to leave your personal preferences at your doorsteps and think with your client’s mindset.

Contractors in the housing construction and design industry are welcoming changes very fast. For instance, the website of FollowUp Power says many contractors are now adapting online business solutions to streamline business-customer processes. But you should never put aside the power of personal interactions. In a dilemma as confusing as choosing between renovation and extension, what your customers really need is your presence. By paying them a visit and personally imparting your views, you are giving them the assurance that what they will be choosing is right.

When helping a client choose between extension and renovation, ask him these questions:

  • Do you want to just revamp the look and feel of your living space or increase your home value? House extensions add extra floor area to your living space, which increases the value of your home.
  • How much upsizing does your family need? To accommodate for a growing family, you may need to add an extra room, or convert your garage into an added living space. Help them assess whether renovation is enough to upsize space, or if adding extra square feet is necessary.
  • How much are you willing to spend? In most instances, choosing between renovation and house extension relies greatly on your client’s budget. Because renovations may only involve moving home furniture around, home extensions are larger endeavors that require bigger budget.
  • How long are you planning to stay? Sometimes, it is more practical to just renovate a house rather than create an additional space especially if you are constantly switching home address. Is your client required to move from one place to another because of his work? Does he feel that his family will be staying in the community for good? Probing about how long your client will stay would allow you to give sound home advice.

Depakote as a Possible Cause of Hydranencephaly

No specific study links Depakote to hydranencephaly. However, studies on the effects of valproic acid on the developing fetus strongly suggest that the drug may have caused at least some cases of hydranencephaly.

Hydranencephaly is a rare neural tube defect characterized by the absence of the cerebral hemispheres. In its place is a sac-like membrane containing cerebrospinal fluid. In most cases, the brain stem and basal ganglia are intact. Researchers believe that the condition develops when the fetal brain sustains damage after it has developed from blood flow interruption, resulting in cell death and the eventual resorption of necrotic tissue by the body. This may be due to a stroke, or the death of a twin in the womb. According to the website of Williams Kherkher, there is some speculation that Depakote may have something to do with it as mothers taking the drug since 1995 were unaware of the risks they were taking.

DNA damage to valproic acid exposure in utero is strongly indicated in a study on neural tube defects. Though this is mostly due to fetal exposure in the first trimester, it is possible that some children that managed to develop normally through their first trimester suffered a setback in the second and third trimester, at which point the developed brain is susceptible cell damage.

A majority of those with hydranencephaly do not survive their first year, although there are a few that do. The typical hydranencephalic baby looks just like any baby with a normally developed brain, and the condition may not be diagnosed for months, or misdiagnosed. As the baby grows, the symptoms of hydranencephaly may present as irritability, difficulty in sucking, and seizures. Many are visually and cognitively impaired, but most respond readily to stimuli.

Life care of a hydranencephalic child is challenging, but infinitely preferable to early death. If your child was born with a neural tube defect, it may be due to Depakote. Consult with an experienced dangerous drugs attorney in your area to learn more about Depakote and its side effects.

Methods of Taking Zofran

When prescribed Zofran, it is important to take it exactly as the doctor says. Williams Kherkher Zofran lawyers describe situations in which medicines like Zofran are useful; when patients experience nausea and vomiting as a result of chemotherapy, radiation, or surgery, Zofran can help. There are three ways to taking Zofran, including regular tablets, orally disintegrating tablets, and oral soluble film strips. A patient’s type of usage depends on doctor’s discretion, and each method is unique with guidelines on proper instructions of consumption.

There are two types of Zofran tablets: regular and orally disintegrating. While patients can take regular tablets with or without a full stomach, they should always be combined with a glass of water. Orally disintegrating tablets have more extensive instructions, and the mouth may perceive this type of tablet as somewhat foreign.

Orally disintegrating tablets should be kept in the pack until use. When prying the tablet out of the package, it is important to peel back the foil rather than push the tablet through. Then, the tablet is placed on the tongue whereupon it begins to dissolve. Patients can swallow throughout the process (without swallowing the tablet itself), or once the tablet is completely dissolved. Afterwards, the patient can drink a glass of water. Similar to orally disintegrating tablets are oral soluble films.These are ingested similarly to orally disintegrating tablets, with the only difference being film vs. tablet.

Lastly, Zofran can come in liquid form. This type of Zofran should be measured and taken with precise precautions, being sure to follow the doctor’s orders. Measuring with a medical dose-measuring item rather than a cooking table spoon will increase accuracy. These dose-measuring items are advisable to when taking the liquid form so no under-doses or overdoses are taken.

Each method of Zofran consumption relieves a patient of nausea and vomiting, however has to be under the correct circumstances to prevent potential problems from arising. A patient’s type of usage depends on doctor’s discretion, and each method is unique with guidelines on proper instructions of consumption that should be followed directly.

Unsecured Debts and Chapter 13 Bankruptcy

Filing for bankruptcy under Chapter 13 is not taken lightly. As pointed out on the website of Erin B. Shank, P.C., you will be obliged to attend credit counseling prior to filing, but this is a good thing. It basically means that you are willing to pay off your debts but are unable to do so fully under the present circumstances. This could mean that your income is low, your interest rates are high, or you simply have too much debt.

One of the major causes of the last reason can be attributed to unsecured debts, primarily credit card debts and student loans. Under Chapter 7, most or all of credit card debt is dischargeable, which is why many people would like to (but are ineligible) to file that type of bankruptcy. Student loans are nondischargeable (except in very few exceptions) under any type of bankruptcy, but under Chapter 13 bankruptcy, it is possible to discharge a good part of your credit card debts because it is considered a nonpriority debt.

A nonpriority unsecured debt is at the bottom of the list in most repayment plans under Chapter 13. The payment to these debts is based on whatever remains of the disposable income after secured debts and priority unsecured debts (child support, student loans, etc.) are paid in full. Disposable income is the difference between your income and reasonable family maintenance and support expenses. In many cases, there is nothing left to pay for these nonpriority debts which include but are not limited to credit card debt, utility bills, personal loans with no collateral, union dues, and selected tax debts.

Determining what part of the nonpriority debt you will include in the plan will depend primarily on two things: how much the creditor would have gotten under Chapter 7; and how much your disposable income is. However, the debtor must commit all disposable income to a repayment plan for at least three years for those whose income is below the median family income of the state and up to 5 years for those who earn more than the median.

To find out more about the consequences of filing for Chapter 13 bankruptcy in Texas, talk to an experienced bankruptcy lawyer in your county.

What Can You Do About Aviation Accidents?

2014 was not a kind year to those who have a fear of flying. There has been some devastating news as of current events on the aviation accidents that have resulted in one year alone. With one entire aircraft completely missing, one passenger plane shot down over war-torn Ukraine, and one ripped out of the sky, presumably by stormy weather – any and all fear of flying as a result of these incidents is more than justifiable. There is no repairing the hurt brought by these incidents and there is no replacing what so many families have lost due to these incidents.

It does not mean that those who have lost so much in an aviation accident are condemned to just mourn. It is the promise and responsibility of airlines and their crews to ensure maximum safety for its passengers. Should there be any injuries or fatalities as a result of negligence, it is well within the right of the bereaved to press charges or file a legal complaint against all those who are responsible for the accident. According to the website of Pohl & Berk LLP have said that there is very little that can be done to soften the blow that can only be the consequence of a plane crash or any other sort of aviation accident.

Sometimes, the fault is in the manufacturing of the aircraft itself or, as it has been reported in some cases, there have been pilots who were under the influence of alcohol when taking the wheel of the aircraft. There are probably a plethora of reasons as to why an aircraft would fail and cost so deplorably.

Every measure is taken in order to guarantee the safety of all those who board a plane and so the reason as for failure during flight is usually a result of negligence. This is an inexcusable reason. If you are looking for justice with regard to an aviation accident, it is advisable for you to seek legal counsel comprised of dedicated and intelligent professionals who can get you the result and recompense you deserve after what is certainly a trying time in your life.

Children and Car Accidents

The most tragic thing about preventable car accidents is when child passengers are involved. According to the Web-based Injury Statistics Query and Reporting System of the Centers for Disease Prevention and Control (CDC), car accident injuries are the top cause of death in children in the US. In 2011, 650 children 12 years old and below died and in excess of 148,000 were injured, and many of these injuries could have been prevented.

The CDC states that strapping children into age-appropriate safety equipment (car seats, booster seats, seat belts) reduced their risk of injury in case of an accident by as much as 71%. One-third of children who die in such incidents are not properly restrained.

According to the website of the The Benton Law Firm, physical injury is not the only consequence of children involved in serious car accidents. Many of these children suffer from posttraumatic stress disorder (PTSD); some are unable to go back into a vehicle without experiencing fear, a phobia that may persist into adulthood. As pointed out on the website of the Williams Kherkher Law Firm, the costs for medical treatment, rehabilitation, life care and psychiatric counseling of a seriously injured child can mount up alarmingly, especially if their injuries are permanently disabling.

Safety gear can only do so much to prevent injury to children in car accidents. In some cases, it is the negligent actions of third parties such as drunk driving, distracted driving, or speeding that lead to a child getting injured. A Fort Worth car accident lawyer would be better able to explain about negligence and their consequences.

If your child has suffered grievous harm in a negligent car accident, you have every right to demand compensation. Contact a personal injury lawyer in your area to find out if you have a case and how to file a lawsuit against the responsible parties.

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