Diagnosing Errors

Categories- Personal Injury Attorneys, Medical Malpractice, Car Accident Lawyer

Herrera Law Firm
111 Soledad Street, San Antonio, TX 78205
(210) 224-1054 ? http://www.herreralaw.com

When generic drugs first became available in the 1980s, patients everywhere celebrated due to the drastically lower prices. What consumers didn’t know was that, in choosing generic drugs over brand name versions, they were giving up their right to receive damages should they suffer from injuries due to ingesting generic drugs.

According to a recent article in the New York Times, while patients who became ill after taking brand name dangerous drugs can win a malpractice lawsuit, those who take generic drugs cannot. The reason goes back to a Supreme Court decision which stated that, since generic drugs do not have control over what is listed on their labels, they cannot be sued for medical malpractice. Even cases involving drugs that necessitated amputations due to gangrene and major surgeries to address debilitating gastrointestinal problems, the prescription injury victims who were given generic forms of the drug had their cases dismissed.

San Antonio lawyers at The Herrera Law Firm, Inc. know that some Texas medical malpractice cases involve generic drugs and are working hard to fight for the rights of their dangerous drug lawsuit clients.

In the article, the significant inequity of patients filing medical malpractice lawsuits is evident. “Your pharmacists aren’t telling you, hey, when we fill this with your generic, you are giving up all of your legal remedies,” said Michael Johnson, a lawyer who represented Gladys Mensing, one of the patients who sued generic drug companies in last year’s Supreme Court case, Pliva v. Mensing. “You have a disparate impact between one class of people and another.”

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Source : ABC News

In a twist of irony, a West Virginia woman is trying to collect money from a collection agency. Diana Mey, of Wheeling, W. Va., won the largest judgment ever against an abusive debt collection company — more than $10 million.

“I’m a mom, and I’m a housewife, and I’m an accidental activist,” Mey said.

From her small-town home base in Wheeling, Mey went after a debt collection empire that hounds people nationwide and won. But she still hasn’t received any money.

“I don’t know that I’ll ever collect a dime, but if I can get their operation shut down, that would make me very happy.”
See: Bankruptcy Lawyer West Virginia

At the time, Mey said she didn’t make a connection between that call and the collectors. But then she learned the call hadn’t come from the local sheriff’s office after all. The caller ID had been manipulated to look like it did, a practice called spoofing. That’s when she went online and discovered complaints about RFA debt collectors pretending to call from sheriff’s offices, including a male collector who called women vulgar names.

When “Nightline” went to RFA’s Orange County, Calif., office to ask about the case, it was abandoned. RFA is actually a fictitious business name for a company called Global AG, LLC. Records show it is just one of several collection companies run by the same people that often change names and move. “Nightline” also visited other offices registered to people named in Mey’s suit, but employees refused to talk and asked us to leave.

RFA’s lawyer later told “Nightline” that RFA made the first collection call to Mey, but denies making the second, obscene call. He said he was speaking on behalf of company principals Thai Han, Jim Phelps and Stewart Phillips.

“My clients say it is not their policy to engage in conduct that violates the law,” he said. He characterized the $10 million judgment as “unfair.”

As for Diana Mey, she says she knows she may never be able to collect the money, but that her lawsuit still serves a purpose.

“I hope that it sends a message to other debt collectors out there that you have to follow the law,” she said. “Because if you don’t, there are going to be people out there that are going to stand up against you.”

The San Antonio attorney at The Herrera Law Firm, Inc. urge drivers to keep an eye on motorcyclists, who are vulnerable to serious injuries in wrecks.

The Texas Department of Transportation reports that 87 percent of motorcycle accidents result in injuries or death to the rider. People on motorcycles are five times more likely to sustain injuries and 25 times more likely to die in a wreck than people in cars, according to the National Highway Traffic Safety Administration. Read the rest of this entry »

The N.C. Bar Association held its fifth annual 4ALL Statewide Service Day in March, and more than 460 attorneys from across the state worked together to field 8,648 calls over a 12-hour period. Each year, lawyers participating in the event generously volunteer their time to discuss a wide variety of legal issues with callers, providing general advice and guidance where possible.

The 4ALL Statewide Service Day aims to help those who would otherwise not seek legal advice, and to make them aware of the resources available to them to get the help they may need. This worthy program serves a real need, as many people just need a little guidance to point them in the right direction.

But sometimes, more than advice is needed. Those who have suffered a personal injury as a result of an accident or negligence may need experienced legal representation to fight for compensation that is provided under the law. See :
car accident attorney Charlotte, NC

When we speak with potential clients at the Law Offices of James Scott Farrin, sometimes we find that they are not seeking representation, but rather just want a little advice. However, after our attorneys have had a chance to talk with them about the particular aspects of their case and their rights under the law, we’ve found that by the end of the call, many are eager to be represented.

Before they call us, most clients have already discussed their claim with the insurance adjuster for the at-fault party in their accident, and they often believe their case to be a simple, straightforward matter that can be settled directly. When they call us to discuss their lingering concerns and receive their initial consultation with one of our attorneys, many of these people come to understand how complicated the process of seeking compensation for their injuries can become and how important it is to have a personal injury attorney working on their behalf. Insurance companies are working for their own interests – and they have teams of lawyers fighting to reduce or eliminate what they have to pay accident victims for their injuries. See Full Story

As a client, once you have completed your initial consultation, our North Carolina Board Certified Bankruptcy attorney will advise you on the next steps for filing bankruptcy in the state of North Carolina. You will be required to file your petition in the United Stated Bankruptcy Court in the district that has jurisdiction over you. In Raleigh, Cary, and surrounding areas, the court is the Eastern District of North Carolina. In Durham and surrounding areas just west of Durham, the court is the Middle District of North Carolina.

New bankruptcy rules require you to complete an approved credit-counseling course in the six months leading up to your filing. Options for this requirement will be discussed, such as the ability to complete the briefing online or over the phone. A general timeline for completing the bankruptcy process will also be presented, including the forms that need to be filed and schedules for hearings and judgments. Depending on the type of bankruptcy you file and the unique circumstances of your case, the timeline may be anywhere from a few months for a Chapter 7 filing or three to five years for a Chapter 13 filing. Our attorney will appear in court on your behalf and will negotiate with your creditors to relieve your debts.

Read How to File for Bankruptcy North Carolina

When our child has a birthday, family members and friends always have the best intentions when they bring a gift for occasion. Unfortunately, though, parents can’t be too careful about safety and must examine anything given to the birthday boy or girl, before the child is allowed to play with it, right down to the packaging.

Dangerous children’s products have the potential to cause serious child injury, even wrongful death, whether it’s something they’ll play with at home or if it’s for a favorite sport or other outdoor activity. It’s hard to imagine that a present as seemingly harmless as a doll, a board game, building blocks, miniature cars, or even art supplies could be dangerous toys but, depending on where an item was made, the materials involved and how it was packaged, even the most basic of kids’ playthings can pose a risk to youngsters. See personal injury attorney san antonio

In some cases, there may be toy choking hazards, such as when small parts can be pulled off of a doll, toy car, toy truck, dress up costumes, toy musical instruments or toy construction sets. Other toy choking dangers include small board game pieces, puzzle pieces, girls’ jewelry, crayons, pen caps and marbles. With kids, there is almost no limit to the ways they could be injured by a defective children’s product, and San Antonio, Texas personal injury lawyers, Herrera Law Firm, see every type of child toy injury.

Even children’s products designed to keep kids safe may actually injure them, including bicycle helmets, booster seats, car seats, playpens, safety gates and pool floatation devices. Likewise, practical basics such as cribs, strollers and high chairs can pose dangers such as defective straps, buckles, latches, wheels or trays.

Standard playground equipment, especially things like climbing gyms and trampolines, can result in fractures, broken bones, slip and fall accidents or, in the case of a severe defective toy injury, traumatic brain injury.

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Last week, a truck driver who was walking on a highway entrance ramp while on the job was hit by another driver and was taken to the hospital in critical condition.

The truck driver, an Apex man, was delivering a replacement cab to a transport truck that had broken down near the Jones Sausage Road interchange with I-40. As he was trying to cross the highway, the driver of a Mitsubishi struck him. See :
Types of Workers Compensation Benefits In NC

At the end of the day, the truck driver was still listed in critical condition.
No charges were filed against the driver of the Mitsubishi.

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Accidents such as these that occur on the job can lead to serious or even fatal injuries. Workers who are involved in these accidents may be entitled to compensation under the law for their injuries and other losses – even if no charges were filed in the case.

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Drivers and passengers in cars have safety features in place such as airbags and seatbelts to protect them. Bikers typically have nothing but their clothing and a helmet between them and the pavement. Bikers are 300 percent more likely to sustain a motorcycle injury than someone inside of a car in a crash, according to the National Highway Traffic Safety Administration (NHTSA). Motorcycle injuries can be catastrophic, ranging from back injuries to paralysis or traumatic brain injuries.

Unfortunately, insurance companies often try to shift blame to the motorcycle rider, even when a driver is clearly at fault. In many cases, we hear about drivers who fail to “see” the motorcyclist. Motorcycles have a right to share the road with other vehicles. See Motorcycle Accident Attorneys Sacramento Failing to see the biker is simply negligence. The driver needs to be held responsible. At the Law Offices of Freeman & Freeman, we’re dedicated to our clients and pursuing the maximum compensation allowed under state law.

The National Safety Council, a leader in promoting Graduated Driver Licensing (GDL) to reduce the number of crashes among teens, feels that it is important to regulate risky driving behavior and encourage the development of safe driving skills. In an aim to reduce the number of teen auto accidents, the NSC urges all states to adopt seven rules for teenage drivers:

– minimum age 16 for a learner’s permit

– six months before unsupervised driving

– minimum 30 hours supervised driving during learner’s stage

– intermediate licensing at 16? minimum

– intermediate night driving restriction beginning no later than 10 p.m.

– no more than one non-family passenger for intermediate drivers

– minimum age 17 for a full license.

If all states adopted these suggested rules, an estimated 2,000 lives could be saved each year nationwide. According to the National Safety Council, states with stronger, comprehensive Graduated Driver Licensing systems see a higher reduction in teen crashes.

In an effort to enhance safety on Pennsylvania roads, Governor Corbett and the Legislature recently agreed on changes to the Vehicle Code involving Graduated Driver Licensing requirements, passenger restrictions for junior drivers and passenger restraint laws. The new rules took effect on Dec. 27, 2011. The changes to the law were initiated to help junior drivers receive more comprehensive training, ease young driver distractions through limiting the number of passengers they may carry and to improve general highway safety.

If you or a loved one has been injured in an car accident, contact Metzger Wickersham. One of our Harrisburg car accident attorneys can answer your questions and take every step to ensure that your rights are protected

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