Risperdal Overprescribed to Children is Linked to Socio-economic Status

 Children diagnosed with attention-deficit/hyperactivity disorder (ADHD) and other disruptive behavior disorders, who are publicly insured by Medicaid, were typically prescribed Risperdal more often than those not in a lower income socio-economic group. Even though Risperdal was not approved by the United States Food and Drug Administration (FDA) for ADHD, it was prescribed for an average of 180 days to youth between the ages of two and seventeen who were on Medicaid. This group of adolescents was much greater than those not on a public insurance plan. In addition, a large group of these youth were at some point in foster care and due to their socio-economical status were provided Medicaid.

As a result, many of the boys prescribed Risperdal have developed breasts and in some cases required surgery to have the breasts removed.

Legal Commentary 

From a civil standpoint, our firm has represented numerous individuals and families who have become victim to Risperdal’s dangerous side effects and the following psychological trauma. If you or a loved one have taken Risperdal and have experienced abnormal breast growth or milk production we encourage you to consult with one of our Risperdal attorneys as soon as possible. A successful civil claim pursued against the responsible party will ensure the victims are not burdened with costly medical expenses, and will hopefully compensate them for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead Risperdal lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer with a focus on representing Risperdal victims and families harmed by dangerous treatments on a nationwide basis. Mr. Nachawati has resolved numerous cases through trial and settlement that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.​

Object Goes Through Windshield Critically Injuring Driver

Object Goes Through Windshield Critically Injuring Driver

On April 11, 2014, a Fort Worth SUV driver travelling on Interstate 35W north of Interstate 30 was critically injured when an unidentified object crashed through the front windshield. The SUV driver lost control and according to police hit another vehicle. The driver of the vehicle hit by the unknown object was hospitalized in critical condition.

In some cases, the object or objects that caused the accident may have come from road conditions or other vehicles on the road. Even though the National Highway Traffic Safety Administration has reported that the number of fatalities along America’s roads has declined accidents are still happening every day.

Legal Commentary

In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous victims and families who suffer from motor vehicle accidents. This driver and his family should consult with an attorney to file a suit against the responsible party. The victim and his family do not want to be burned by unexpected costly medical expenses or suffer from a loss of income. A successful civil claim will enable the victim and his family to cover any costs, or expenses. If you or a loved one was affected by this incident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author

Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in automobile accidents, workplace accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by mn@fnlawfirm.comor by calling 1.866.705.7584.

Injured by a Recalled Product?

You may have heard about the recent ignition switch recall by General Motors. http://www.gm.com/ignition-switch-recall.html. Such product recalls are not uncommon and the chances are that you have received a letter at some point in your life informing you that a product you have purchased has been recalled.

If you or someone you know has been injured by a recalled product, merely sending the product back for a replacement or refund is unlikely to be an adequate response. Rather, an individual injured by a recalled product is likely entitled to greater compensation under the law. This likelihood is particularly true because large corporations that produce defective products normally carry large insurance policies for the benefit of the consumers that their products might injure.

If you or someone you know has been injured by a recalled or defective product, you deserve to understand the full extent of your legal rights and the compensation you may be entitled to receive. In such cases, you may be subject to a pressing statute of limitations (the deadline to make a claim), or you may be at risk of losing evidence critical to your case; therefore, it is essential that you act quickly to preserve your rights. The attorneys at Fears | Nachawati are national leaders in product recall cases and will be happy to assist you. For a free attorney consultation, please call 1.866.705.7584 or send an email to mn@fnlawfirm.com.

The international aspect of personal injury law

Were you injured abroad by an American product? Or, were you in the United States when you were personally injured and now reside abroad? If either situation applies to you, you may be entitled to the benefit of an American court – even if you have never set foot inside the United States.

Under American law, it is necessary for a Defendant to be subject to the laws of the United States. Typically, this necessity merely requires that a company operate out of the United States. Thus, even if you are a foreign citizen you may have access to an American court to pursue your claim.

Why does this matter?
The U.S. Civil Justice System is unique in its openness to award personal injury victims full compensation. That is, unlike many other countries where recovery in personal injury lawsuits is restricted by law, the U.S. legal system believes in making an injured victim whole. Thus, you may be entitled to recover for past and future medical bills, past and future lost wages, past and future pain and suffering – to name just a few of the types of damages that are compensable under American law.

The attorneys at Fears | Nachawati are experienced at handling complex matters with an international element. While many firms shy away from tough cases, we do not, and we will be happy to discuss your possible personal injury claim, regardless of what region or time zone you are in. For a free attorney consultation, please call 1.866.705.7584. If you are abroad, a free Skype© call can be arranged as well. To do so, please email aennis@fnlawfirm.com and include a full description of the details of your possible case.

How long do I have to file a lawsuit and when is it too early to get an attorney?

In short, the answers are: It depends and it’s never too early to consider legal representation.

Each personal injury matter is subject to a statute of limitations. Essentially, this term means that you only have so long to file your case. In Texas, disputes are typically governed by a two-year statute of limitations. These two years begin when an individual is first injured. However, the location and nature of your injury can subject you to a longer or – more critically – a much shorter limitations period.

Even if you know you still have time left to file a lawsuit, you should not wait to consider getting legal representation.

While a good trial attorney is always prepared to go to court, many issues can be settled out of court without necessitating the cost and length of a trial. Ultimately, your attorney needs as much time to exhaust the available out of court remedies. Such remedies may include informal settlement negotiations, mediation, or arbitration. Each of these options may allow you to recover a greater portion of your settlement or award and do so quicker.

Therefore, in order to best preserve the full extent of your legal rights and to allow your attorney the most flexibility in pursuing your potential claim, you should contact an attorney at the earliest possible moment when you learn you might have grounds for a personal injury lawsuit. Otherwise, you may lose the opportunity to pursue your claim at all.

For a free attorney consultation to learn if you still may have a cause of action or if it is too late to pursue your claim, please call Fears | Nachawati at 1.866.705.7584 or send an email to mn@fnlawfirm.com.

Worker Injured from Fallen Roof at Apartment Construction Site

On Tuesday April 2, 2014 a collapsed roof injured a construction worker at an Irving apartment project construction site in the 700 block of Lake Carolyn Parkway and O’Connor Boulevard in Las Colinas. The worker had been working on part of the roof of a building that was four stories tall, when the roof all of a sudden collapsed for unknown reasons. The victim was taken to the hospital for treatment.

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous victims and families who suffer from workplace accident tragedies. This worker and his family should consult with an attorney to file a suit against the responsible party. The victim and his family do not want to be burned by unexpected costly medical expenses or suffer from a loss of income. A successful civil claim will enable the victim and his family to cover any costs, or expenses. If you or a loved one was affected by this incident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

$9 Billion dollar Verdict against Takeda and Eli Lilly in Actos Trial

Takeda Pharmaceuticals and Eli Lilly hit with a $9,000,000,000.00 billion dollar verdict arising from the sale and distribution of their defective drug, Actos.  Our Actos Lawyers are pleased with the outcome of this case tried by Mark Lanier and we congratulate him and his firm.  Pharmaceutical manufacturers need to be aware of the dangers posed by drugs distributed to consumers--and most importantly, patients need to be warned about these dangers.  

Legal Commentary 

The verdict is staggering and exemplifies what can happen to Corporations that place Profit over the safety of Patients.  The case was presented in part on a Failure to Warn theory, as the warning did not adequately inform users of the risk of developing Bladder Cancer arising from Actos use.  As an Actos lawyer, I believe Takeda should have warned about the danger of Actos induced bladder cancer as soon as they had a suspicion that it may harm consumers--this simply did not happen--and it should have.  As a result of this omission, Takeda and Eli Lilly, companies that manufactured, produced and distributed Actos were taken to task by this Jury and will pay for their wrongdoing by having to deal with a $9,000,000,000 verdict.  The consolidated Actos cases in Louisiana are In Re Actos (Pioglitazone) Products Liability Litigation, 11-md-02299. Allen’s case is Allen v. Takeda Pharmaceuticals North America Inc., 12-cv-00064, both in U.S. District Court, Western District of Louisiana (Lafayette).

About the Author

Majed Nachawati is a preeminent Actos Pharmaceutical Products Liability Lawyer with a focus on representing Actos victims and families harmed by dangerous implantations on a nationwide basis—especially the Actos device. Mr. Nachawati has resolved numerous cases through trials and settlements that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati has also been voted as one of only 500 lawyers as one of the Best Mass Tort Lawyers in Dallas by D Magazine. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.

 

Court Awards Linda Batiste $1.2 Million for Defective TVT-O Ethicon Johnson and Johnson Transvaginal Mesh Sling Device

Recently, the Texas Jury awarded Linda Batiste, a 64 year old nurse, received $1.2 million from the company Johnson & Johnson (JNJ). Batiste had the Tvt-Obturator (TVT-O) transvaginal mesh sling device (made by JNJ) implanted to treat stress urinary incontinence—a condition which involves involuntary urination. Batiste asserted that the mesh sling was defectively designed, and because of this failure to create an effective product she has suffered severe pelvic pain from the device eroding inside of her.

Ten of the 12 jurors agreed on the following points and awarded the following amounts respectively:

  • For “Physical Pain and mental anguish” the jury awarded $100,000
  • for “Physical pain and mental anguish that, in reasonable probability, Linda batiste will sustain in the future” the jury awarded $500,000
  • for physical impairment sustained in the past $0
  • for “Physical impairment that, in reasonable probability, Linda Batiste will sustain in the future” the jury awarded $400,000
  • for “Reasonable expenses of necessary medical care that, in reasonable probability, Linda Batiste will incur in the future” they awarded $200,000.

The verdict was not unanimous, but ultimately the ten jury members agreed that there was in fact a design defect of the TVT-O. In other words, this means there is a safer alternative design but the company failed to use the safer alternative for this product. While the jury rejected batiste’s claim that the Ethicon mesh didn’t provide sufficient warnings about the health risks of the device and declined to award punitive damages, Batiste was awarded a total of $1.2 million for her physical pain, impairment, and medical expenses.

JNJ has been involved in so many lawsuits regarding many of their Transvaginal mesh devices that in 2012 they decided to stop selling certain lines of the product. While this saved many victims from suffering from defective products, unfortunately the TVT-O, the brand Batiste suffers from, is still on the market. For more information here is a link to another article written on this lawsuit.

Legal Commentary
The complications caused by this device have left many women to suffer with horrid recoveries, large medical bills, lost wages, and ongoing pain. From a civil standpoint, our firm has represented numerous families who are the victims of the complications from the transvaginal mesh device. If you or a loved one has experienced any of these problems because of an implanted or removed transvaginal mesh, we encourage you to consult with one of our transvaginal mesh attorneys as soon as possible. A successful civil claim pursued against the responsible party will help compensate the victims for the costly medical expenses, and hopefully for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead TV Mesh lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer with a focus on representing transvaginal mesh victims and families harmed by dangerous implantations on a nationwide basis—especially the Transvaginal mesh device. Mr. Nachawati has resolved numerous cases through trials and settlements that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.

Picture from http://meshmedicaldevicenewsdesk.com/tag/linda-gross/

DePuy LPS Diaphyseal Sleeve Knee Implant Recall

In February the FDA officially announced a recall of the DePuy LPS (Limb Preservation System) Diaphyseal Sleeve knee implant. This product is used during the overall reconstructive knee surgery of the DePuy LPS knee system. The Diaphyseal Sleeve specifically is made by DePuy Orthopaedics which is a subsidiary of Johnson & Johnson. The system is used to aid in reconstructing severe defects of the soft tissue and bones. One of the connections in the device has been seen to fracture and fail because it cannot handle the stress during normal walking. This fracturing and failure has been seen to result in infection, loss of the limb, soft tissue damage, and in some cases even death.

Legal Commentary
From a civil standpoint, our firm has represented numerous victims and families who are victim to the dangerous or crippling effects of the DePuy LPS Diaphyseal Sleeve knee implant. If you or a loved one has experienced any of these problems because the implant, we encourage you to consult with one of our knee Implant attorneys as soon as possible. Although no amount of money can compensate for permanent physical damage, a successful civil claim pursued against the responsible party will ensure the victims and their families are not burdened with costly medical expenses and will hopefully help compensate them for their pain, suffering, and lost wages for time missed from work. Although no monetary amount can compensate for the death of a loved one, a successful claim could help the victims family pay for any final expenses and can lessen the burden during that trying time. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead hip implant lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer with a focus on representing knee implant victims and families harmed by dangerous implantations on a nationwide basis. Mr. Nachawati has resolved numerous cases through trials and settlements that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.

Mike Jensen Seriously Injured in Semi Rollover Accident

On Tuesday March 25th at approximately 5 a.m. a semi-truck accident resulted in the hospitalization of one of the drivers, Mike Jensen, age 68. The accident occurred on Interstate 35 at U.S. Route 380. The semi-rolled over and ended up blocking the highway after the driver of the semi swerved to avoid another semi that had been crossing both lanes of traffic. The driver Mike Jensen of Fort Worth was hospitalized at Denton Regional Medical Center to treat his serious injuries.

Legal Commentary
Unfortunately, motor vehicle accidents are quite common. In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous victims and their families who are affected by a motor vehicle accident. The victim Mike Jensen and his family should consult with an attorney to file a suit against the responsible party. A successful civil claim would enable the victims and the victims’ families to cover any needed medical expenses. A successful claim can also possibly cover any time lost from work or any pain and suffering caused by the injuries received from the accident. If you or a loved one was affected by this incident or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.