Personal Injury

How Anti-Nausea Drug Zofran Causes Birth Defects

Posted by on Mar 23, 2015 in Personal Injury | 0 comments

The drug Zofran, also referred to by its generic name Ondansetron, was originally approved by the Food and Drug Administration (FDA) to treat nausea and vomiting from surgical procedures and chemotherapy and other cancer medications. However, the drug’s manufacturer, GlaxoSmithKline, has been promoting its off-label use for pregnant women looking to alleviate symptoms caused by morning sickness.

Zofran works by inhibiting the transmission of serotonin, which is a substance responsible for triggering nausea and vomiting. While it proves to be an effective way to alleviate these symptoms, its use during pregnancy could lead to dangerous risks. In recent years, mothers have come forward and filed lawsuits claiming that the drug has caused birth defects in their children.

According to Zofran attorneys, there are two likely reasons why the drug could cause birth defects. One of the reasons is because Zofran works by altering the body’s natural production of serotonin. This classifies it as a serotonergic, sharing similar properties with drugs like Paxil and Zoloft which are known risks to fetal development. The Zofran attorneys also note that there have been studies that show the drug is a highly soluble in lipids. Compounds like these can pass through the woman’s placenta easily, possibly endangering the development of the fetus.

Pregnancy related sickness can be very difficult to deal with, and women should be able to take care of themselves while their bodies go through different changes. However, they must also be assured of the safety of their unborn child. While taking Zofran might help alleviate their symptoms, it also poses dangerous risks that would be difficult to gamble with.

If you suspect that Zofran might be the reason behind your child’s current health issues, it may be time to seek out legal counsel and gather necessary information Discuss your options with an experienced Zofran lawsuit attorney to learn more.

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Choosing the Right Personal Injury Lawyer

Posted by on Jan 11, 2015 in Personal Injury | 0 comments

It seems that anybody and everybody can sue everybody else for personal injury for almost anything in the US. This is because US tort laws are well developed in the country, designed to protect its citizens from wrongful acts of third parties. However, even though there are a huge number of personal injury lawsuits filed, most of them are dismissed or do not prosper in favor of the plaintiff. Some because the case has not merit, but quite a few because the case was not properly prepared or presented. This is why choosing the right personal injury lawyer is so important.

Do an online search for personal injury lawyers Indiana and you will be presented with more than a million results. The choices can be overwhelming, and it can be fatally easy to make the wrong one. Many law firms will assert this and promise that, but it all boils down to one thing: expertise. Without an experienced lawyer potential personal injury compensation can decrease dramatically. 

According to the website of Hankey Law Office P.C., personal injury law is complicated even when applied to a straightforward case where there is glaring evidence of negligence by a distinct third party; more so when the case is complicated with multiple defendants. There is also the problem of state-specific laws; not all lawyers will be as cognizant of the finer points of the law as they should be for maximum effectiveness in representation.

When choosing the right personal injury lawyer, you will want to check on how good the lawyer is. You can usually do this by looking into the type of cases they have handled, the outcome of these cases, and the qualifications of the lawyer.

When choosing a personal injury lawyer, don’t get carried away by the hype. Look at the track record and the cases they handle, and determine if they will be a right fit for you by scheduling an initial consultation. This is often for free and carries no commitments.

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Facts on Car Accidents

Posted by on Sep 1, 2013 in Car Accidents, Drunk Driving, Personal Injury | 1 comment

Compiling statistics on car accidents is a way of keeping track of whatever progress (or lack of) there is in improving road and driving safety in a particular at a specific time. For example, it can be deduced that there is no statistical difference in road safety between 2011 and 2012 because there was only 2.54% more crashes in 2012 than 2011, but it also meant that 11 more people are no longer walking around.

Statistics also show that a significantly higher number of persons were injured in 2012 compared to 2011 by 5.7% but that fewer people had a blood alcohol content (BAC) equal to or greater than .08 (3.95% decrease), and fewer people were killed from DUI car accidents (decrease of 6.53%). However, more people were injured in DUI car accidents (increase of 7.25%) and 1.98% more were convicted of driving under the influence (DUI) of which more than 75% male. The average BAC for those convicted of DUI was 0.1397 or approaching double the legal limit.

What do these numbers mean? Prospects of improved road safety are not good for a variety of reasons, although there seems to be some impact of the DUI awareness programs. Even though fewer people were killed, more people were injured, and the medical costs average to about $65,000 for each person involved in a crash.

Car accidents, whether fatal or resulting in injury, take a toll on everyone involved. Those who survive DUI or speeding car accidents but are seriously injured often find that their lives will never be the same again. They are not only faced with financial problems but also physical and emotional damages and scars. If this happens to you, it is important to document what you can at the scene of the accident, including taking down statements and taking photos. These will be all-important if you ever file a personal injury claim. If the at-fault driver is proven to have been negligent through DUI or reckless driving, you should contact a competent firm such as Habush Habush & Rottier S.C.® to attempt to get the compensation you need for your injuries from the individual or individuals responsible for your car accident.

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Assigning Fault in Bicycle Accidents

Posted by on Aug 29, 2013 in Bicycle Accidents, Personal Injury | 1 comment

It can be both difficult and frustrating to bring an action against a negligent motorist. The laws in some states are more restrictive than others to the plaintiffs, mostly because there are states that make use of a pure contributory negligence rule when determining if a plaintiff is or is not eligible for compensatory damages in cases of bicycle accidents.

Much like pedestrian accidents, bicycle accidents can happen out of the blue, and even if a car is not speeding, the damage can be devastating. The average number of people admitted for injuries due to bicycle accidents in the US a year is 500,000, and that is 2010, 618 people died. It is entirely possible that some bicycle accidents are partly the fault of the bicyclist, but in most cases the driver is mostly responsible. However, mostly responsible will not cut it.

Under the pure contributory negligence rule, if the plaintiff is in any way responsible for the accident, even to the smallest degree (1%), recovery of damages will not be happen. Some states have laws that require the plaintiff be completely fault-free, something that can be difficult to prove without the proper documentation such as witness accounts and maybe closed-circuit television (CCTV) footage, if available.

Of course, there are exceptions to this rule, but Massachusetts personal injury lawyers can navigate the complex shoals of the tort claim legal process. If you have sustained injuries or a family member died as a result of a bicycle accident, don’t attempt to file the case on your own. Have competent legal representation on your side; there are usually no up front fees for the good lawyers in the area, and the contingent fee is normally 20% of the award. Additionally, the knowledge of a trained and certified lawyer can do a lot to build a successful case that has better chances of reaching the stage where an award can be won.

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Pure Contributory Negligence and Pedestrian Accidents

Posted by on Aug 27, 2013 in Car Accidents, Pedestrian Accidents, Personal Injury | 0 comments

It is entirely possible that a person who goes out to buy bread may end up injured or dead because of the negligence of others. According to the website of the Ausband & Dumont, many motorists fail to observe the speed limit, protocol at intersections, stop and yield traffic signs, and crosswalks. It only takes one instance of being in the wrong place at the wrong time for life to take a wrong turn. Some drivers are not even aware of people they hit until the moment of impact, although this does not mean that the driver cannot be held liable. If the driver hit someone completely unawares, it’s because they should have probably been paying closer attention to their surroundings. People don’t seem to understand how dangerous driving is and often fail to pay the requisite amount of attention to the road.

In most states, a modified form of comparative negligence is observed in pedestrian accidents. This means that a pedestrian who is injured or dies as a result of a third party’s negligence at the wheel may file a personal injury or wrongful death suit (by a qualified relative) even if he or she is partly to blame as long as it is not more than 50 or 51 percent, depending on the state. Virginia and North, however, are two of the 5 states that use the pure contributory negligence rule in pedestrian accidents. This means that if the pedestrian is partly to blame i.e. not using a crosswalk even to the smallest degree, a civil tort claim will not be allowed and no awards will be forthcoming.

This may seem a little harsh, but that is the law in North Carolina and Virginia. However, there are exceptions to this rule such as the last, clear chance doctrine, and the process of filing a personal injury case for pedestrian accidents in general can be a difficult and complex process. This is especially true for Virginia and North Carolina where the burden of proof against the defendant is not on the plaintiff, but it has to be proven that the defendant was wholly responsible. This can be next to impossible without the assistance of aggressive and experienced legal representation conversant with the laws of both Virginia and North Carolina.

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