Warning Not Enough to Avoid Liability?

Pharmaceutical companies have frequently been harangued in the past for their “failure to warn” about the risks involved in using their products even if they knew or should have known that the risk was there. The Food and Drug Administration (FDA) have required these companies to modify their warning labels to reflect these risks, which have provided a “cut off” for patients who may have suffered personal injury for using the product. After all, they’ve been warned.

That may no longer be enough for these drug companies to avoid liability.

A recent ruling by the Pennsylvania Supreme Court for dangerous drug products effectively elevated the liability threshold for drug companies regarding products that carry too high a risk of harm to be ever marketed in the first place. In other words, if a drug is deemed too dangerous, the drug company is liable for any harm that happens to its users even if the company clearly warned patients and doctors about the associated risks.

A Xarelto lawsuit is often associated with serious and uncontrollable bleeding that poses a risk to the health and life of the patient. Xarelto (rivaroxaban) is an anticoagulant of the class direct factor Xa (10-a) inhibitors or xabans, and like all blood thinners pose a risk of bleeding for its users. However, because Xarelto has no known reversal agent, its introduction into the market despite this lack may be interpreted by the courts as negligence based on the recent Pennsylvania ruling.

That is probably what Kentucky resident Virginia Stuntebeck was counting on when she filed a Xarelto lawsuit in Pennsylvania state court, naming Xarelto US distributor Janssen Ortho LLC and manufacturer Bayer Corp among others as defendants. Janssen had been served first, and the company succeeded in petitioning for a transfer of the case to federal court. However, the federal court promptly returned the case to Pennsylvania state court because Bayer is based in that state.

When and if the case finally makes it to trial, it is probable that there will be many more that had been filed in the meantime, which may mean that Janssen and Bayer may be in the bag for their dangerous drug. The payouts and settlements will probably be for hefty sums, but considering that Janssen has posted more than $800 million in sales in the US alone for 2013, they can probably afford it.

Tags

Related Posts

Share This

Choosing the Right Commercial Roofing Materials

The type of material used for commercial roofing will depend on several factors, including but not limited to the weather, type of roof, and the budget. A professional roofing contractor can recommend the best materials for each case. Below are the most common materials used in commercial buildings and in some instances for residential structures.

Asphalt Shingle

Comparatively inexpensive and simple to install, asphalt shingles are perhaps the most widely used roofing material in the US for both commercial and residential purposes and can last for up to 30 years. Laminated asphalt shingles come in various textures and colors and can last for up to 50 years.

Slate Shingle

A much more expensive and somewhat fragile alternative to asphalt shingles, slate shingles are chosen for the esthetic quality they add to any commercial or residential building. While they are breakable, slate shingles can last up to 100 years if they are properly installed by professional roofing contractors such as Black Slate Roofing, LLC.

Tile

Tiles are typically heavier than other roofing materials, and require more robust support. They can last up to 50 years before needing replacement.

Metal

Metal roofing materials are quite common as well, and are usually a more cost-effective alternative to shingle or tile roofing materials except for copper. It stands up well to extreme weather but is vulnerable to damage during hail events unless it is covered with a granulated layer. Typically, metal roofing will last up to 50 years.

BUR

Built-up roof or BUR consists of multiple layers of roof felts and bitumen, topped with a protective component such as a cap sheet, asphalt, or gravel. It is usually only used in commercial roofing.

EPDM

Typically used in commercial low-slope roofs, Ethylene Propylene Diene Monomer or EPDM is rubber and is comparatively inexpensive and easy to install. The expected lifespan of this material is between 12 and 25 years.

Modified Bitumen

Commercial roofs with a minimum slope of ¼ inch per horizontal foot can be made of modified bitumen, asphalt that has been chemically altered to acquire plastic properties. It works best in combination with BUR.

Single Ply

These are synthetic materials produced in smooth, flexible sheets that are ideal for a flat roof. It is not usually recommended for a roof with a slope of more than 2 inches per horizontal foot unless an adherent is applied.

Tags

Related Posts

Share This

The Tallest Mountains

In its competitive nature, mankind has sought to climb all the Earth’s tallest mountains. We have conquered Kilimanjaro, defeated Everest, and mounted McKinley. These are among the earth’s tallest mountains, but they are nothing when compared to the tallest known planetary mountain in the solar system: Mars’s Olympus Mons.

Olympus Mons measures 22 kilometers in height, more than double the height of Everest. It’s also a volcano that protrudes from the barren Martian landscape like an immense pimple, yearning to be popped.

Tags

Related Posts

Share This

Innovation and Skepticism

In the face of technological innovation, medical professionals must navigate a rapidly-changing environment regarding patient care. Doctors and surgeons have many treatment options at their disposal. In 2000, the first robotic surgical system, the da Vinci robot, was manufactured by Intuitive Surgical. This technological advancement provided doctors with yet another method with which to treat their patients.

Many doctors enjoy using the da Vinci robot because it allows them to perform with ease and precision while saving their energy. However, some doctors are more critical of the robot-assisted surgeries, preferring to perform traditional laparoscopic surgeries. According to the National Injury Law Center, critics of robot-assisted surgeries claim that the robot can’t detect and navigate the patients’ tissue with as much clarity and discernment as the surgeon alone. Doctors and surgeons have long since been accepting of medical and technological innovation as they prescribe patients pharmaceuticals and send digestive-tracking cameras through intestines. However, many doctors and researchers are concerned that reports about robot-assisted surgeries render the technology too risky to use on patients.

Though the vast majority of robot-assisted surgeries are performed successfully, critics argue that traditional surgeries can be performed just as successfully and with fewer margins for patient risk. Typically, researchers will find useful trends within medical reports, but researchers are having a difficult time drawing conclusions from robot-assisted surgery injury reports. In an interview with the New York Times, Doctor Martin Makary explained “we have this haphazard smattering of reports that relies on voluntary self-reporting with no oversight, no enforcement and no consequences.” This lack of methodical reporting isn’t useful in helping Intuitive Surgical refine the da Vinci robotic system, nor is it effective in helping surgeons know how to better treat their patients.

Tags

Related Posts

Share This

Income Tax Law

In any systemized society, tax is vital and has become the building block of civility. Income tax is a charge that government sets upon individuals, corporations, or any taxable unit (called taxpayers) and is then used as the government’s revenues. These taxes can vary depending on the profits or income of the taxpayer, and can also vary according to jurisdictions. Failure to pay taxes can render a person or corporation in danger of criminal charges, which can come with significant penalties, fines and even jail time.

The Internal Revenue Code has set forth the federal tax laws which the government follows. Tax laws in the United States are handled and enforced by the Internal Revenue Service (IRS), and these taxes are regulated by a tax rate. Direct taxes are taken from individuals and corporations. There are several situations, credits, and exemptions that can be applied to lower the amount of tax, and each taxpayer is generally responsible for filing their income tax returns.

Normally, tax is computed as the result of tax rate multiplied by the taxable income, however, deductions and tax rates can change depending on the status of the taxpayer upon the filing of the income tax returns. Tax rates generally increase as the taxable income also increases, also known as graduated rates and usually applies at a federal level. Because each jurisdictions have their own due dates and other administrative processes, it is the jurisdictions own responsibility to adjust the tax provided by the taxpayer.

Penalties are given to those who have failed to file tax returns, have filed them incorrectly, or were late in their filing. These penalties are usually based on the amount of tax stated as well as the degree of lateness. However, intentional failures (for example, tax fraud) have criminal charges and can cause loss or forfeiture of property. When these tax issues arise, the IRS and the Department of Justice takes over the case. People who are in trouble with the IRS should get help from a professional who is well-versed in tax law, such as an accountant or an attorney.

Tags

Related Posts

Share This

Will Drinking Beer Land You in the ER?

About a third of injury-related emergency room visits involve alcohol. A recent study shows that certain alcoholic drinks are more likely to be involved than others in these injuries. Johns Hopkins Hospital in Baltimore found that Budweiser, Steel Reserve, Colt 45, Bud Ice, and Bud Light were consumed most often by patients who ended up in the emergency room. Three of the named brands are malt liquors, which actually contain more alcohol than a regular beer. Although they account for less than 3% of actual beer consumption in the population, four malt liquors accounted for about half of the beer consumption of emergency room patients. This new study is the first to look at whether certain types of liquor or drink brands are overrepresented in cases of emergency room visits.

Injuries are the fourth-leading cause of death in the United States, and about 65% of these injuries are accidental, with alcohol playing a role in a large percentage of these unintentional injuries. People who drink are more likely to engage in risky behavior, be involved in auto accidents, and act impulsively. Previous studies found that this behavior led to emergency room admissions involving auto accidents, accidental drowning, falls, and homicides.

Tags

Related Posts

Share This

Breast Reconstruction after a Mastectomy

Breast cancer is one of those things that can greatly impact a person life, and overcoming it is one of life’s greatest accomplishments. For those who have suffered from it, or have loved ones who have, mastectomy is one of the ways to treat it. Mastectomy is an operation that removes the breast affected with cancer. After the surgery, the breast can be reconstructed through another surgery. Breast reconstruction is often the next step for women who have mastectomy.

Breast reconstruction is another surgery to help rebuild the shape of the breast that was removed because of the cancer. There are two ways this surgery will be performed: immediately after surgery or after the surgery. Immediate breast reconstruction is done after the mastectomy, while delayed breast reconstruction is done after the mastectomy wounds have healed.

Breasts can be rebuilt using three types of implants; saline, silicone or autologous tissues. Saline and silicone are artificial implants while autulogous tissues are tissues that can be taken from other parts of the patient’s body. Choosing which implant to use or when to have the breast reconstructive surgery done can all depend on the possibility of chemotherapy, the size and shape of the breast that was removed, the age and most especially the health of the patient. All these things are to be considered before having breast reconstruction and talking with the reconstructive surgeon and breast surgeon can help the patient choose which one is most beneficial.

As told on the website of Bergman Folkers Cosmetic Surgery, traumatic events such as breast cancer and the scars that come along with it can affect the patient’s life in many ways. Not only can these experiences affect the patient physically, but these serious disfigurements can give stress and emotional trauma to those who have them.

More and more women have been choosing to have breast reconstruction after mastectomy in order to have their life back to normal. Even famous Hollywood actress Angelina Jolie underwent double mastectomy and came out successful after her surgery. With the advancements of medical technologies, these serious physical disfigurements from diseases and injuries can be addressed so that life will continue the way it was, if not for the better.

Tags

Related Posts

Share This

Vandalism Crimes

Vandalism is one of the many offenses that fall into “criminal mischief” category. It is the act of intentionally destroying another person’s property. They may include breaking windows, graffiti, damage to other people’s vehicles, and even destroying a website. It is considered a crime because vandalism destroys public and private property, this accounting as being a threat to society. Vandalism is considered a malicious act with personal ill-will, even though it may not be necessary for the perpetrators to know who their victim (or victims) is.

There are other people who argue that vandalism is an “art”, however those who have committed the crime of vandalism are still liable for penalties that the law has made. It may be hard to determine vandalism because it covers a broad spectrum of activities, but for law enforcers, any act that generally includes willful behaviors intended to destroy, alter or deface a property (public or private) can be considered as vandalism. It should also be noted that any person can be charged with vandalism if they are caught with any means to commit the act (such as underage teenagers with spray paint at school or park, possessing glass cutter, drill bits, etc.)

There are laws that have been made to handle vandalism, and the severity of these laws each depend on the States they are in. These laws are generally made in order to protect and prevent destruction of public and private properties. They are also made to protect people against hate crimes or other negative behaviors against religious or minority groups, as in the past some vandals have committed the act to spread hate and misinformation.

As written in an article on the website of Austin lawyer Ian Inglis, there are certain places or properties that are especially protected against vandalism, and most of these places are public or owned by the government. Places such as those that offer telecommunication services, medical facilities, public transports facilities, and public utilities are all protected against vandalism. Vandalism is considered either a misdemeanor or a felony offense, and penalties include hefty fines, jail time and possibly both, depending on numerous factors.

Tags

Related Posts

Share This

Financial Assistance for Long-Term Disability in Illinois

Social Security Disability Insurance (SSDI) is the go-to financial assistance program if long-term disability is the problem. However, as correctly stated in the website of the Disparti Law Group in Chicago, it can be difficult to get past the Disability Determination Services (DDS) in Illinois if you have no idea what you are doing. Even if you do get approved on your first try, chances are the monthly benefits are less than what you expect or need. The DDS determines the monthly stipend given to each claimant.

According to the Illinois Department of Human Services where the DDS operates, the turnaround time for an SSDI application is 90 days. But less than 30% of those who make an application are approved, so that means 90 days with no financial assistance, and you have at least a 70% chance of being denied. There is an appeals process, but if you have to go all the way to the administrative law judge, you could be looking at a wait of 1.5 years on average. This means it could be more than 18 months, and that can be a severe hardship for some people, especially if you are not eligible to receive workers’ compensation benefits.

It should be noted that the Illinois DDS also processes Supplemental Security Income (SSI) claims for the disabled worker who does not qualify for SSDI, but again the process can be confusing. However, once you qualify for SSI, you may also qualify for the state supplemental payment (SSP) available to Illinois residents which makes up the difference between the monthly maintenance costs of your disability and the SSI payments.

It is important that you know your way around the SSDI and SSI programs so that you can apply successfully to receive benefits if you become disabled. With the help of an experienced SSDI lawyer, you have a better chance of getting approved as well as understand what benefits you can and should receive under state and federal statutes.

Tags

Related Posts

Share This

Illegal Drag Racing

Reckless driving is the leading causes of car accidents, accounting to more than one-third of the accidents that happened on the road. It is considered as a misdemeanor offence, and penalties for this type of offence may depend on the specifics of the offence and the law of the state that the offence has been committed. To be considered as reckless driving, the driver must have demonstrated an obvious disregard to the safety of property, animals and other people.

There are a number of activities that can account as reckless driving. In highways and speedways, one of the most dangerous things that can cause car accidents is drag racing. Drag racing is a competition between two cars from a designated point to the finish line. What makes the highways a good venue for these dangerous races is because most highways provide a straight line to race on, and usually competitors go for a quarter mile track. Most people engage in drag racing for different reasons such as fame, thrills, and coolness. Media also influence people to participate and view drag racing as a sport.

Speeding is one of the top concerns of drag-racing. Because you want to beat the other person to the finish line you tend to push the vehicle to its top speed, which can be dangerous particularly when there are other vehicles on the road as well. At top speed, a driver will have a harder time controlling the vehicle, given a smaller time to react, and increase the chances of severe injuries because of the impact. According to Pohl & Berk, LLP, serious injuries and even loss of life can occur when speeding accidents occur on a busy highway.

The penalties for drag racing on the highways, being a Class 1 misdemeanor, range from zero to six months in jail, fines of up to US$ 2, 500, possible driver’s license suspension, and even community service. Repeat offenders can even have more penalties. Every year, 3 million people get hurt in car accidents, and these injuries do not only involve physical injuries. Loss of employment, mental trauma, and even possible life-changing injuries can occur, therefore being a responsible motorist not only calls for responsible driving, but also reporting those who are negligent drivers.

Tags

Related Posts

Share This