On December 15, Shipman & Wright, together with the Sparks Law Firm of Spartunburg, SC, settled premises liability case for the sum of $3.1 million in which their client was totally paralyzed as the result of a fall from a deck at a home located in Ocean Isle Beach, N.C. The case was filed in Brunswick County Superior Court against the owners of the home where the incident occurred, alleging that they had failed to properly maintain the deck. The case presented significant issues with insurance coverage, and the necessity for extensive discovery regarding all of the insurance available to the owners, given the significance of the injured man’s injuries and lost earning capacity.
A pres release regarding this matter is soon to follow.
Eighteen year old entrepreneur Jimmy Winkelman has ruffled the feathers of The North Face Apparel Corporation. Winkelman’s idea to parody the North Face brand by creating his own brand “The South Butt” has threatened North Face so much that they have filed a lawsuit against the company “The South Butt”.
The South Butt logo has block letters and a reverse emblem pointing south instead of north, very similar to the North Face emblem. The North Face tag line is “Never Stop Exploring” and The South Butt tag is “Never Stop Relaxing”. The South Butt offers basic clothing in various colors and sizes for both genders and can be found and purchased from the South Butt website.
While South Butt is an obvious spin off of the very successful North Face brand, it is an innocent small company started by an eighteen yr. old simply looking to pay off college. This parody brand should not be threatening to a large and ONCE reputable company. If anything, North Face should have been flattered by the brilliant yet simple idea of South Butt. North Face’s reaction with this "frivolous lawsuit", has done nothing more but bring negative attention their way, thrusting The South Butt company into the spotlight and spiking their sales. If you didn’t know about South Butt before, you do now.
Gary Shipman, managing partner, procures $300K in angel financing for bio-tech Trana Discovery and joins board
Trana Discovery, Inc., an infectious disease drug discovery technology company, today announced the completion of its Series A round of funding. To date, the company has raised $720,000 in angel funding to commercialize technology that helps to discover new drugs for the treatment of bacterial, viral, and fungal infectious diseases. With the addition of a recent $700,000 contract from the National Institute of Allergy and Infectious Diseases (NIAID) for the screening of 300,000 compounds at Southern Research, organizations and investors have invested over $1.4 million in the technology.
About Trana Discovery, Inc.
Trana Discovery, an anti-infective drug discovery technology company, helps its partners find new classes of drugs for the treatment of serious bacterial, viral, and fungal infectious diseases. Our proprietary assays identify compounds that work through a unique mechanism of action: inhibition of the target pathogen's ability to use transfer RNA (tRNA) essential for propagation. The use of high-throughput screening assays developed by Trana Discovery will reduce the cost and time for drug discovery. Our assays provide licensing opportunities for exclusive rights to new drug classes. Trana Discovery has licensed the patented technology emanating from 20 years of research conducted at North Carolina State University, and holds patents that expand on this core technology and its use in high throughput screening. The company is located in Cary, North Carolina. For more information, please visit www.tranadiscovery.com
Triangle Business Journal Article
Trana Discovery, Inc., an infectious disease drug discovery technology company, today announced the completion of its Series A round of funding. To date, the company has raised $720,000 in angel funding to commercialize technology that helps to discover new drugs for the treatment of bacterial, viral, and fungal infectious diseases. With the addition of a recent $700,000 contract from the National Institute of Allergy and Infectious Diseases (NIAID) for the screening of 300,000 compounds at Southern Research, organizations and investors have invested over $1.4 million in the technology.
Trana Discovery's screening assays identify compounds that work through a unique mechanism of action: inhibition of the target pathogen’s ability to use transfer RNA (tRNA) essential for propagation. Trana's HIV high-throughput screening (HTS) assay is capable of identifying compounds that interfere with the use of tRNA by the human immunodeficiency virus (HIV), the cause of AIDS. As the result of a successful pilot study, NIAID approved an additional $700,000 contract with Southern Research Institute in order to screen an additional 300,000 compounds and to conduct confirmatory testing of selected lead compounds. The use of Trana assays can provide licensing opportunities for exclusive rights to new drug classes and reduce the cost and time for drug discovery.
Trana engaged with Gary Shipman, managing partner of Shipman & Wright, LLP in forming Trana Discovery Ventures I, LLC, which led to the completion of the Series A investment round. As a result of the investment, Shipman will join Trana's Board of Directors.
"We are delighted to welcome Gary as a new board member,” said Steve Peterson, CEO of Trana Discovery. “He was instrumental in securing the funding that we believe will take us to a cash-positive position."
Peterson expects that future research and development will be funded from revenues generated through discovered compounds and technology license agreements.
"We saw the promise of Trana technology of opening entirely new classes of anti-infectives for various human pathogens," said Shipman, whose Wilmington, North Carolina-based law firm specializes in complex business litigation and placing private capital investments. "Like the people at Trana Discovery, we share a passion in helping mankind fight new and emerging diseases."
The technology applies to a broad spectrum of infectious diseases. An HTS assay for Staphylococcus aureus bacteria is currently under development. The company is investigating other prime disease targets for future assay developments and new applications of the technology.
Trana Discovery is seeking organizations interested in licensing lead compounds from its research. Also, the company is seeking organizations that hold collections of compounds ready to be screened for bioactivity against HIV, and compounds with known bioactivity against HIV but unknown mechanism of action to identify candidates for drug development. Organizations should contact Trana at info@tranadiscovery.com or call 866-390-3452 (toll free) or +1-919-342-6192.
About Trana Discovery, Inc.
Trana Discovery, an anti-infective drug discovery technology company, helps its partners find new classes of drugs for the treatment of serious bacterial, viral, and fungal infectious diseases. Our proprietary assays identify compounds that work through a unique mechanism of action: inhibition of the target pathogen's ability to use transfer RNA (tRNA) essential for propagation. The use of high-throughput screening assays developed by Trana Discovery will reduce the cost and time for drug discovery. Our assays provide licensing opportunities for exclusive rights to new drug classes. Trana Discovery has licensed the patented technology emanating from 20 years of research conducted at North Carolina State University, and holds patents that expand on this core technology and its use in high throughput screening. The company is located in Cary, North Carolina. For more information, please visit www.tranadiscovery.com
Triangle Business Journal Article
It is always good to be up-to-date with your current events. Sometimes it might directly affect you and your family’s health. Specifically between September 2008 and December 2009 over 700,000 Dayquil packages were produced with out a child safety precautions and warnings. According to CNN.com the packages lack the statement, "This package for households without young children" -- should be kept out of the reach of young children. If a child swallows several of the pills, the child could suffer "serious health problems or death.” Anyone who has a package with out the proper statements can contact Proctor and Gamble directly for instructions for a full refund.
http://www.cnn.com/2009/HEALTH/12/18/vicks.recall/index.html
http://www.cnn.com/2009/HEALTH/12/18/vicks.recall/index.html
A doctor’s negligent actions or failure to timely diagnose any health problem can result in the worst of outcomes. Unfortunately for one woman, her outcome was suffering a massive stoke leading to severe brain damage. If the doctor would have correctly read the MRI, they would have seen the need for immediate surgical treatment.
To read more on this story and other Delay in Diagnosis cases, follow this link to Shipman & Wright attorney Jean Martin’s injuryboard.com blog.
To read more on this story and other Delay in Diagnosis cases, follow this link to Shipman & Wright attorney Jean Martin’s injuryboard.com blog.
With recent cases surfacing it is believed that the over-the-counter drug St. John’s wort is linked with many damages including the onset of premature cataracts and possibly macular degeneration. The potential safety issue of St. John’s wort has people in the medical community as well as the legal community alarmed. We would like to take action and educate the public as much as possible. For your benefit, please visit the provided Injury Board website link to find the best resources on the connection of SJW and the potential serious harm it can cause.
Hendrick Automotive Group: Our attorneys are currently involved in a case pending in the Superior Court Division of Union County, North Carolina, File No. 04-CVS-2301, in which it is alleged that Hendrick is a tightly integrated chain of dealerships, owned, operated, controlled and managed through Hendrick Automotive Group and Hendrick Management Corporation (now known as Hendrick Management, L.L.C.) in which the North Carolina Hendrick automobile dealerships engaged in unfair and deceptive trade practices, which included "packing" and "stuffing" Hendrick Autoguard Car Care into consumer sales or lease transactions. This case recently obtained preliminary approval of a class settlement on behalf of certain persons that purchased or leased vehicles containing the exterior/interior product known as Car Care from 30 designated North Carolina dealerships from November 30, 2000 to November 30, 2004. For more information and to view a copy of the Press Release concerning the Settlement, please refer to our website under the Class Action section. The hearing on Final Approval of the settlement is scheduled February 5, 2010 at the Union County Courthouse in Monroe, North Carolina.
Zhu Zhu Pets are the hot item this holiday season. However, some safety experts warn that “Mr. Squiggles”, the stuffed hamster look-alike contains unsafe levels of tin and antimony. These findings are potentially harmful to the immune and nervous systems.
CBS, a consumer safety group, discovered the intense levels of both leads and encourages consumers to return the product as soon as possible. Cepia, LLC, the maker of the Zhu Zhu Pets, argue that their product is perfectly safe and that rumors surrounding their product were fabricated by a website. Cepi, claims to be conducting their own tests to follow up on the recent rumors of the dangerous metals found in the fur of Mr. Squiggles and assure consumers of their products safety.
As of today, reports have indicated that there will be no recall on “Mr. Squiggles” imported from China.
There is a thought that antibiotics are being over-prescribed, and as a result, our bodies are building up a tolerance to these powerful drugs. So what is the answer? Well, the pharmaceutical industry develops newer medications that are even more powerful. Unfortunately, as the number of prescriptions for antibiotics continues to increase, and the medications become stronger, people are experiencing worsening side effects.
Some of the new antibiotics have been linked to reports of tendonitis, tendon ruptures,tendon tears and other injuries. The antibiotic more closely linked to these injuries is Levaquin, manufactured by Johnson & Johnson. In July 2008, the FDA required a black box warning for Levaquin to advise of these injuries
These tears and ruptures occur in the Achilles tendon, rotator cuff, biceps and thumbs, particularly in adults over the age of 60 and those who are also taking corticosteroids.
Smokers seem to have two things in common, their addiction to cigarettes and the fact that they all seem to be “trying to quit.” Quitting cold turkey is not the most appealing technique to kick the habit, especially when smokers are provided with other “drugs” that will help them quit their addiction (sounds like a bit of an oxymoron, I know.) But some of the solution drugs can be just as dangerous as the problem drug itself, so what is an addict supposed to do?
Chantix a new drug that is suppose to help smokers quit smoking has taken a lot of heat lately about side effects that could be considered more harmful then the perceived benefits. The consumer reviews about this drug are highly polarized. They include statements from consumer who state, “I am an ex-smoker! I have gotten several of my friends trying it out, and all are reporting terrific results much like my own,” and others who feel far less excited about the drug stating, “The most unsettling thing about sleeping on Chantix is that I never felt like I was truly asleep. Some part of me remained on guard.” With the diverse consumer reviews it is only fair to look for the facts that have supporting evidence. The food and drug administration released a statement forcing Chantix to be packaged with a black box warning, the strongest warning label available. The FDA released this statement saying, “The warning will highlight the risk of serious mental health events including changes in behavior, depressed mood, hostility, and suicidal thoughts when taking these drugs.”
No matter the innocents or severity, at some point in time everyone faces addiction to something and because of this truth there seems to be a pill to fix almost anything. But sometimes the “fix it” drugs that sound too good to be true, ARE too good to be true.
http://www.huffingtonpost.com/2009/07/01/chantix-zyban-issued-suic_n_224217.html
Drivers will be fined $100 if caught text messaging while driving but if the vehicle is at a complete stop; the driver is permitted to text.
“The law was made to encourage safety while driving,” says Deputy Evan Luther with the New Hanover County Sheriff’s Office. Luther continues, “If you are driving a motor vehicle and you are texting and your attention is taken away from the operation and control of the vehicle – there’s room for error.”
While I appreciate legislations efforts to make the roads safer, I am confused as to how this law will actually be enforced. Even if the driver is not texting but simply making or receiving a call, which is still legal, the buttons on the phone will have to be pushed leaving the driver room for “error.” How will an officer be able to distinguish the difference between a driver texting and a driver simply dialing a number to make a call? Is the ticket disputable if the driver is wrongfully accused of texting? Will the driver have to hand over their phone to the officer to show as evidence if texting was actually taking place? The more logical step to remove distractions for drivers would be to prohibit ALL cell phone use while operating the vehicle, like New York and other states have already done.
Legislation has taken a step in the right direction but why such a small step? This law seems to have a lot of grey areas. With a law such as this one, why take a step in the right direction when you could easily take a leap?
Click here to view a list of 2009 Legislation laws
Royshekka Herring, a 27 year old woman was passed out at home, suffering from bleeding problems and nausea, when the American Medical Response (AMR) arrived, supposedly to her rescue. Once in the ambulance and in route to the hospital, Haszard, a paramedic in the ambulance sat himself next to Herring and proceeded to reach down her pants, assuming she was unconscious. When Herring screamed, Haszard responded by sticking her own hand down her pants in order to further sexually manipulate her. Upon entering the hospital Herring reported what had happened to the other paramedic. She was then verbally threatened by Haszard, and when she became upset, was restrained by security. The report was later given to police, and one was also filed with AMR. Herring now suffers from post-traumatic stress disorder among the problems she had upon entering the ambulance. On September 9, 2009 a case was settled for $3.25 million, in which Herring sued AMR, alleging it negligently failed to investigate three similar claims in which Haszard had sexually assaulted three other female patients and that AMR had permitted abuse of a vulnerable person.
In many states there are laws that guarantee the “right of the vulnerable person,” and in all states laws against sexual harassment. But how do you act against something that you are unaware of happening? If Herring had actually been passed out she may have never known what had happened to her and Haszard could continue as he had, sexually assaulting women in a very vulnerable state. Is it now up to employers, such as hospitals and companies that deliver medical attention, such as AMR, to set up video cameras in their ambulances? Or to guarantee background checks on employees? Or to monitor each employee through another means?
President Obama’s private dinner party last Tuesday became a larger event then he expected. Tareq and Michaele Salhi attended the event, but as reported from the secret service where not on the guest list. This is in spite of Michaele Salhi statement via her Facebook fan page she supposedly operates that, "I was honored to be invited to attend the First State Dinner hosted by President Obama & the First Lady to honor India." The means in which they were admitted into the event is still in question, but it is known that they had to pass through the same precautionary procedure just as every other guest did. In regards to the procedure they took to enter the dinner CNN reported saying, “The agents tasked with protecting the president "did not follow proper procedures," Secret Service agent Edwin Donovan said in a statement, but said the gatecrashers went through metal detectors "and other levels of security." This draws further questions as to who is at fault in this situation. If they were admitted at the faulty oversight of the security without any means of deception then they technically did not commit a crime from the present information available, but as stated from CNN national security contributor Fran Townsend, “If they lied to federal agents in order to get into the White House that is a federal crime”
With the Federal charges becoming a looming possibility this little stunt to find the lime light could be more then they desired, but as many reporters are uncovering they are no strangers to the court room. It is being discovered that the Salhi’s have dealt with civil actions suits and bankruptcy issue involving their winery.
The truth will always prevail, but it becomes more difficult to find the truth with the publicity fire burning strong. After the flashes die down, and due diligences is done the American public will be able to find out what truly happen. With that amount of time something more interesting will happen and the camera’s will have a new target, and by then will anyone really care what the truth is about the dinner party crashers?
Shipman & Wright, L.L.P. is looking for a rising senior at UNCW to join our firm’s marketing team in 2010. Over the past few months we have spent a considerable amount of time completely overhauling our marketing efforts and planning a massive marketing push in 2010. We felt that it would be more effective for our firm to step away from the “traditional” outbound marketing, which pushes messages out to the public and transition to inbound marketing, which pulls people in. Inbound marketing uses social networks such as Facebook, Twitter and Blogs, to offer the public useful information, resources and tools that will attract people to our business, while interacting and developing relationships with potential clients on the web.
The intern will report to the Director of Marketing, working in developing, maintaining and tracking our Web Marketing 2.0 and all inbound marketing efforts. This is a tremendous opportunity for a fantastic marketing internship. If you are interested in this internship please email the Director of Marketing, Rachael Wilson rwilson@shipmanlaw.com
Transvaginal mesh is a type of medical device that is used to treat Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI), both are conditions that commonly occur after childbirth and pregnancy. The transvaginal mesh/sling device is surgically implanted to treat these conditions.
The Food and Drug Administration (FDA) reported that over 1,000 incidents of potentially fatal complications have been associated with Transvaginal Mesh patches. Due to the rise in numbers of serious health issues associated with this device, in 2008 the FDA issued a public health notification warning the medical community of the problem. The most common serious injury reported from defective Transvaginal Mesh patches is the puncture of the bladder, intestines and bowels, as well as blood vessels in and around the vaginal wall.
Shipman & Wright is currently accepting cases of those who have suffered complications resulting from transvaginal mesh/sling implants. For further information please contact us to discuss your situation regarding the defective transvaginal mesh device.
In August of 2009, Shipman & Wright attorney, Jean Martin featured this issue on her InjuryBoard blog. view blog
In recent headlines, it was made public that 46 year old Rom Houben, of Brussels, Belgium “woke up” from a 23 year nightmare of being trapped in his paralysed body unable to respond but completely aware of what was going on around him.
Mr. Houben was involved in a car accident 26 years ago and up until 3 years ago he was thought to be in a vegetative state. New brain scanning technology discovered that not only was Mr. Houben’s brain functioning properly but it was almost operating normally the entire time.
When hearing this story, a phrase comes to mind that I have heard people say in moments they don’t think people are listening, “ I feel like I am standing in a crowded room, screaming at the top of my lungs and no one can hear me.” I can only imagine that this is similar to how Mr. Houben felt for 26 years. While family and friends would talk to him thinking he was unable to understand, he was listening. He couldn’t laugh, cry, smile or even just respond to the family and friends that were with him for the past 26 years but he was listening. Mr. Houben now communicates by using one finger to the touchscreen on his wheelchair. He is now able to speak out after so many years of silence or as he describes it, "Powerlessness. Utter powerlessness." http://www.theglobeandmail.com/news/world/thought-to-be-in-a-23-year-coma-belgian-man-heard-everything/article1374846/
A new study was published by Dr. Steven Laureys, a neurologist at the University of Liege in Belgium, that Mr. Houben could be only one of many misdiagnosed coma cases in the world. The study states that up to 40% of cases labeled vegatative state, when examined more closely are found to have at least some brain activity. With this new finding they have found that some cases with consciousness can be treated and considerable progress is being made.
Mr. Houben was involved in a car accident 26 years ago and up until 3 years ago he was thought to be in a vegetative state. New brain scanning technology discovered that not only was Mr. Houben’s brain functioning properly but it was almost operating normally the entire time.
When hearing this story, a phrase comes to mind that I have heard people say in moments they don’t think people are listening, “ I feel like I am standing in a crowded room, screaming at the top of my lungs and no one can hear me.” I can only imagine that this is similar to how Mr. Houben felt for 26 years. While family and friends would talk to him thinking he was unable to understand, he was listening. He couldn’t laugh, cry, smile or even just respond to the family and friends that were with him for the past 26 years but he was listening. Mr. Houben now communicates by using one finger to the touchscreen on his wheelchair. He is now able to speak out after so many years of silence or as he describes it, "Powerlessness. Utter powerlessness." http://www.theglobeandmail.com/news/world/thought-to-be-in-a-23-year-coma-belgian-man-heard-everything/article1374846/
A new study was published by Dr. Steven Laureys, a neurologist at the University of Liege in Belgium, that Mr. Houben could be only one of many misdiagnosed coma cases in the world. The study states that up to 40% of cases labeled vegatative state, when examined more closely are found to have at least some brain activity. With this new finding they have found that some cases with consciousness can be treated and considerable progress is being made.
After four infant fatalities and well over 100 injuries shared between the U.S. and Canada, the largest crib recall in U.S. history took place on November 23, 2009. Government safety regulators say more than 2.1 million drop side cribs made by Stork Craft Manufacturing are being recalled.
The drop side feature, which is a side that moves up and down on a crib, was designed for parents to lift their child out of the crib more easily. These Stork Craft Cribs, 150,000 with the Fisher Price logo on it, are known to have had problems with their hardware or assembly mistakes by the crib owner. If the drop side of the crib separates without being prompted the infant is at risk of getting their head caught between the mattress and the side railing.
Over 5 million cribs have been recalled over the past two years, by several different manufactures. With the recent crib recall the Consumer Product Safety Commission (CPSC) is considering banning all drop- down sides altogether.
For more information from the Consumer Product Safety Commission please visit http://www.cpsc.gov/cpscpub/prerel/prhtml10/10046.html
A recent case was just decided after 12 hours of deliberation by the jury. This case involves the death of a young baseball player from Miles City. He was a pitcher who was struck in the head by a ball that was hit. The family is suing on the grounds of “failure to warn.” They believe the bat company is at fault because they failed to provide appropriate warning labels on the bat. The basis of the argument was centralized on the reaction time allowed from contact to return. The contact to return time for this specific pitch was 378 milliseconds and the average time is 400 seconds. The jury found this in conjunction with the other evidence to be strong enough to find the bat company at fault for not providing enough warning for their product.
There is much discussion that this will be overturned once appealed. It is hard to believe without understanding all the evidence as to why the jury felt it necessary to find fault in the bat company when the product was used correctly and was operated for it’s purpose. There have been multiple comments made in regards to this decision that are all over the discussion boards. I am simply interested as to see how the appeal process goes.
The Senate passed without opposition a bill allowing for the extension of unemployment benefits for up to 20 weeks in states with 8.5percent and above. This has drastic effects for states like Georgia who have rates close to 10.1 percent. This allows them up to 99 weeks of benefits. With the common knowledge of 52 weeks in a year this is almost 2 years of benefits for someone who is claiming unemployment. Included in this bill, the Senate added an extension on the 8,000-tax cut for first time house buyers and 6,500 for “move up” buyers. These both had great intentions to boast the overall position of the economy, but the predicated outcome is controversial.
On one hand it is clear that the tax break for buying houses encourages aggregate spending and demand. It gives an incentive for people to buy and we all know that buying helps the economy grow. Thus causing constant economic activity and will have a positive on the overall wealth of the nation. On the other hand the unemployment extension raises some eyebrows. With in reason one can question that some may take advantage of the unemployment extension treating it as “paid vacation” until times runs out and the check stops automatically rolling in. The unemployment extension could very easily backfire by delaying the sense of urgency one has when having to search for another steady job to make ends meet.
Previously known as the “silent killer” ovarian cancer can go undiagnosed for months because the symptoms are not being investigated quickly enough. This delay in diagnosis is the part of the reason that ovarian cancer causes more deaths than any other gynecological cancer.
A study performed by the University of Bristol research team identified 7 symptoms that could indicate ovarian cancer in women. Out of those 7 symptoms there were 3 “red flag” symptoms that should prompt further investigation. Abdominal distension, urinary frequency and abdominal pain are the red flag symptoms thus making ovarian cancer not “silent,” just overlooked.
For more on ovarian cancer and the story of a women who lost her life because of negligent doctors and their failure to diagnose visit:
Statistics report that hospital, doctor offices and healthcare clinics average to about 4 million visits a year are due to intentional and unintentional drug overdose. Approximately 100,000 of those result in hospitalizations and its estimated up to half of those could be prevented. Dr. Margaret A. Hamburg, the agency commissioner has been reported saying, “ too many people suffer unnecessary injuries from avoidable medication misuse and because of this the FDA is launching the Safe Use Initiative to develop targeted solutions for reducing these injuries.”
To ensure safer use, the FDA has released new guidelines for companies that make or distribute over-the-counter medications. The guidelines include that medications come with dose delivery devices such as spoons, cups or droppers. The new dosage guidance is to aid in the confusion about how much of the drug an individual is to take, resulting in fewer accidental overdoses.
With the advent of the now world-famous phenomenon called the iPhone, a counter-culture was produced, with intentions of unlocking what the multi-billion dollar company, Apple, has worked to solely possess. In an article on CNN.com entitled, ‘Apple battles ‘jailbreakers’ over iPhone control,’ George Hotz who is an expert hacker of the iPhone by the age of 17 personifies this culture. Over the past 3 generations of the iPhone, Hotz has become an expert at cracking each new version iPhone so that he is able to do things that Apple never intended for the phone. He even has created his own hacker software, Blackra1N that can hack and unlock the iPhone in just two minutes, allowing any person with any server to use the phone. Some believe that it is Apple’s fault for signing a deal with AT&T and making it necessarily impossible for people with other providers to have an iPhone.
Regardless, the issues that arise are numerous. Are companies constantly faced with copyright issues and the protection of their International Property Rights despite its constant monitoring in legislation, due to the huge influx in technological advancement? Are consumers constantly left apart from corporate interests when they intentionally make agreements that guarantee their own profit and force consumers to change as a result (as the Apple and AT&T agreement has done to Verizon, Sprint, and other users)? Should people be held responsible for having the capacity to “jailbreak” these types of programs?
After the 27 million doses of the swine flu vaccine make their way across the country and into the immune systems of Americans, independent health advisers will begin to monitor the outcome. This group is a specially appointed working group that is part of the National Vaccine Program office. They are interested in seeing the outcome of so many people taking this vaccine. They know there is always the possibility of side effects with any vaccine. There is no such thing as a 100% safe vaccine, but the reason people still take them and the Center for Disease Control encourages people to take them is because the benefits far out way the risks. WebMD discuss some of the small side effects including a sore arm, headache, and a small fever, but each of these are a small percent of those who receive the vaccine and these symptoms do not often last long after the initial vaccine. Serious side effects are very slim including the 1 in million chance of having neurological damage. With these possibilities unlikely but apparent the CDC does not want normal diseases rates to be influenced by those caused by a vaccine these include 2,500 miscarriages that occur daily in the U.S. and 3,000 heart attacks, as reported by the The Lancet, British medical journal. No one is really able to know if these are due to vaccination or if they would have occurred despite the individual being vaccinated.
So what do we has citizens and consumers of this vaccine have on our side as protection if something goes wrong? Well the 2006 Public Readiness and Emergency Preparedness ACT (PREP ACT) has issued protection for vaccine manufactures and health officials, but in response congress enacted the Vaccine Injury Compensation Program (VCIP) in conjunction with the National Childhood Vaccine Injury Act of 1986 to help children and their families who are injured due to vaccinations. This is a no fault means alternative for compensation that some families find helpful. If you need advice about taking these actions you can always get helpful advice with your local attorney’s office.
http://www.webmd.com/cold-and-flu/features/is-the-h1n1-swine-flu-vaccine-safe
http://www.hrsa.gov/Vaccinecompensation/
Medical issues, even if covered by insurance can add up to be a very costly matter and the same goes with legal representation. In some cases medical situations are coupled with or followed by someone needing legal assistance. Not only do you pay for the initial medical procedure cost, medication cost, and hospital or doctor visits but there is an additional fee charged for searching, handling, copying, and mailing medical records to the patient or in some cases, the patients designated representative. This fee often varies between each hospital and is regulated differently in every state. Each state has a statue that will describe what the maximum fee charged and what records are associated.
It is important to be aware that a charge will be applied when obtaining your medical records. Especially in today’s economy, getting caught off guard by extra charges, even small ones, can make a big difference. Stay educated about the fee that is associated with your state so you know if your hospital has made a mistake when they charge you, there have been cases in the past where this has happened.
On top of expecting a fee for your documented medical history, you should also expect a little bit of a wait before you actually receive the records. For this reason it is always a good idea to know your medical status: this includes knowing your illness and which medication you are being prescribed and a timeline of illnesses and treatment. If you have a hard time retaining this information it would be a good idea to have your own personal copy of your medical records in case of an emergency.
To look up a specific statue and fee guideline for your state check out the link below for Lamb Law Firm: http://www.lamblawoffice.com/medical-records-copying-charges.html
To acquire your medical records you can talk to your main hospital and they should be able to help. If you have any trouble checks out this site to get some further information:
http://patients.about.com/od/yourmedicalrecords/a/getmedrecords.htm
It is important to be aware that a charge will be applied when obtaining your medical records. Especially in today’s economy, getting caught off guard by extra charges, even small ones, can make a big difference. Stay educated about the fee that is associated with your state so you know if your hospital has made a mistake when they charge you, there have been cases in the past where this has happened.
On top of expecting a fee for your documented medical history, you should also expect a little bit of a wait before you actually receive the records. For this reason it is always a good idea to know your medical status: this includes knowing your illness and which medication you are being prescribed and a timeline of illnesses and treatment. If you have a hard time retaining this information it would be a good idea to have your own personal copy of your medical records in case of an emergency.
To look up a specific statue and fee guideline for your state check out the link below for Lamb Law Firm: http://www.lamblawoffice.com/medical-records-copying-charges.html
To acquire your medical records you can talk to your main hospital and they should be able to help. If you have any trouble checks out this site to get some further information:
http://patients.about.com/od/yourmedicalrecords/a/getmedrecords.htm
The Medical Device Safety Act of 2009 would allow plaintiffs to move forward against manufacturers. Patients seeking healthcare deserve to be made fully aware of the benefits and the risks of medical devices. If Congress passes this bill, the companies that make medical devices will be held accountable if the message is not clearly conveyed.
Although several hearings have been held as Congress is considering the bill, the bill has not yet gone up for a vote, mainly because of the time spent on the current healthcare reform debates. But we need for our senators and congressional representatives to know that this legislation is vitally important to protect the rights of those harmed by defective medical devices. To ensure that protection, the bill must be passed. We are asking you to call or email your U.S. house representative and our two U.S. senators and urge them to vote for the passage of the Medical Device Safety Act of 2009. Share the stories of how you have been harmed by a defective medical device so that they can understand the true human impact of this bill. It needs to be understood that defective medical devices cause injury in every state and the victims rights to seek compensation needs the protection afforded by this legislation.
Implementing this legislation now will alleviate the possibility of being unprotected if you are injured in result to faulty equipment. It would be in your best interest to let your representatives and Senators know that you want this passed.
Andrea D. Townsend, NCCP
Shipman & Wright, L.L.P.
A new amendment was passed Saturday. The Stupak Amendment which Newsweek is quoted saying, “the amendment aims to prevent federal funds from being used to procure abortions, following current federal policy that bans Medicaid from offering elective abortions.” The article continues on saying that on most insurance claims it is almost impossible to separate federal funds and private funds. This will make it difficult to file an insurance claim to fund an abortion procedure.
It can only be speculated as to how this will affect many areas of society including the overall abortion rates, and crime rates.
By essentially making it harder to fund an abortion it should ultimately lessen the demand. As discussed in the novel “Freakanomics” economist have collected data and run analysis relating crime rates and abortion rates around 1973 when Roe v Wade was decided. There is data correlation to support the idea that the legalization of abortion lowered crimes rates. If this theory is upheld then with a lower demand to have an abortion we should see a rise in crime rates. This will ultimately have a large effect on the overall being of our society, and in it self is kind of ironic. The main argument for pro-life supporters is to save a life, but if the correlation is true are we just endangering the lives of others?
http://blog.newsweek.com/blogs/thegaggle/archive/2009/11/10/will-liberals-draw-the-line-on-abortion-probably-not.aspx
It can only be speculated as to how this will affect many areas of society including the overall abortion rates, and crime rates.
By essentially making it harder to fund an abortion it should ultimately lessen the demand. As discussed in the novel “Freakanomics” economist have collected data and run analysis relating crime rates and abortion rates around 1973 when Roe v Wade was decided. There is data correlation to support the idea that the legalization of abortion lowered crimes rates. If this theory is upheld then with a lower demand to have an abortion we should see a rise in crime rates. This will ultimately have a large effect on the overall being of our society, and in it self is kind of ironic. The main argument for pro-life supporters is to save a life, but if the correlation is true are we just endangering the lives of others?
http://blog.newsweek.com/blogs/thegaggle/archive/2009/11/10/will-liberals-draw-the-line-on-abortion-probably-not.aspx
Susan Galinis speaks out in efforts to warn other women who may be at risk due to taking Yaz birth control. Like many other cases that have recently surfaced, Susan suffered a stroke only a month after she started taking Yaz. Susan's life will never be the same.
Yaz birth control pills have been associated with high risk of blood clots. These pills are marketed to the younger population. A young lady recently contacted our firm because she has developed DVT (deep vein thrombosis – blood clot deep in the leg) after taking Yaz for 2 months – she had no problems on previous birth control pills. These pills are marketed to the younger population. It is unheard of to have 20-30 year olds developing blood clots.
Interesting article in the Greater Wilmington Business Journal about proposed new rules in mortgage lending. Though it is aimed primarily at residential mortgages, from the trend we have seen in our office, it looks like there could be forthcoming legislation on the commercial lending side as well
One of the new rules would require mortgage lenders to provide a comparison between the proposed loan offer and a standard 30-year fixed rate mortgage loan early on. "A problem we’ve had in the last decade is [borrowers are] not necessarily aware of what kind of loan or risk they are entering," Pearce said.
A recent decision from the Department of Justice will set precedent with their interpretation of the “Americans with Disability Act of 1990” to expand how Museums cater to the visually impaired. This will mean more then the usual handrails, bathroom room adjustments, and pamphlets. They are urging Museums to make adjustments so that the visually impaired patrons can be entertained from the entire Museum experience. This idea was presented when a patron filed a complaint following their visit to the Spy Museum in Washington, DC. The DC Spy Museum later settled a four-year investigation, and has already started renovations to improve the accessibility for their Blind patrons with 400,000-dollar adjustments.
Several other Museums are already doing above average efforts to meet the same standards. The precedent set by this decision will be one that will effect many organizations and business in the future.
Our firm has successfully prosecuted numerous actions against UBS related to auction rate securities. The goal is to recover damages for the failure of the market which essentially puts the purchasers in the position they would have been in had the market not failed, making the fair market value of the ARS substantially lower than the value at which they were purchased by the investor.
If you are a client of UBS, with depleted holdings of auction rate securities, call Shipman & Wright, L.L.P. to find out how you can be reimbursed for your losses.
Matt Buckmiller
Attorney
Shipman & Wright, L.L.P.
Yesterday, October 28, the U.S. Chamber held the 10th annual “Legal Reform Summit”- a day spent blaming the civil justice system for all the country’s hardships. The American Association for Justice has released a report entitled “They Knew and Failed To,”exposing corporations through several detailed examples of consumer products such as perscription drugs and medical devices that had known safety concerns within the company yet remained on the market.
Consumers are no longer surprised when they turn on the news to find another recall or product warning. Consumers would be surprised to find out that some corporations knew about the dangers of their products but thought the profit was more important, deciding to carelessly risk the lives of people and market the product anyway.
Through several true stories, non- oppinionated merely factual, the AAJ report “They Knew and Failed To,” discredits the Chamber and shames corporation after corporation. While the report creates awareness and raises red flags to consumers, it is unfortunate that there is no protection from becoming a victim. The Chamber’s “ Legal Reform Summit” is a day that fights the civil justice system that they claim works against the country and its economic success, while the Civil Justice System fights daily to hold the Chamber and countless corporations accountable for decades of wrongdoing.
North Carolina’s extended Statue of Repose has been in effect since October 1, 2009. The House Commerce Committee unanimously voted to extend the statue of repose. The amendment states that claims for defective products will be increased from six to twelve years for actions that accrue on or after October 1, 2009. Actions that accrued prior to October 1, 2009, the former statue of six years after the date of initial purchase or consumption will apply.
The six year statue of repose that North Carolina previously followed was the shortest period in the nation. This statue of repose barred a significant amount of claims, leaving many people without the compensation they deserved. The new twelve year statue of repose will positively impact many situations and North Carolina should expect to see a rise in defective product claims.
After much public scrutiny the FAA has revoked the Northwest Airlines pilots who flew 150 miles past their destination last week. The two pilots behind this incident were out of contact with air traffic controllers for 91 minutes, violating several safety regulations. Although this situation ended with a safe landing at the desired destination, the pilots who simply “lost track of time” put all 144 passengers on Northwest Flight 188 at risk.
Both pilots insist that their loss of contact with air traffic controllers and the “delay” of landing were in result to reviewing a flight crew schedule on their personal laptops.
Lonnie Heidtke of Chippewa Falls, Wis., a passenger of flight 188, thinks this is a harsh penalty for the two pilots. He is stated as saying “I feel that the FAA pulling their license seems a little severe, I guess. But the same time. I think they should not be flying airplanes at least for a while so they have an opportunity to think about this.”
It may be questionable if the FAA’s punishment for the two pilots are appropriate but the incident in its self has raised many questions. With a drastic increase in the amount of vehicle and train accidents caused by texting and cell phone use, the FAA has no choice but to take a closer look at what is happening behind the cockpit doors.
There are no federal rules for pilots banning the use of laptops or other electronic devices as long as the plane is flying above a certain altitude. However, pilots and aviation safety experts said this episode has caused the NTSB and the FAA to take a hard look at pilot’s use of personal electronic devices while operating a plane.
An Automobile accident can be very complicated. If you’re hurt and don’t know it at first the repercussions can be severe both on your body and any possible injury claims. That’s why you always need to go to the hospital and get checked out. Actually even more than that you need to go via EMS. Letting the ambulance take you assures there is no question as to your intentions. What is you intention? To get yourself checked out. Although you don’t feel any pain right away it could be because you are in shock. If the accident is not your fault the medical bills will be paid by the at-fault party’s insurance company. No matter how insignificant you might think your bumps and bruises are you always need to get checked out by a professional. This will ease your mind and to help support any possible claim for injuries related to the accident later on down the road. Having an attorney assist you through a claim can take the burden of keeping up with everything off you so you can focus on healing. Insurance companies need to see the progression of your treatment in a clear and logical manner in order to properly evaluate. The better the information is presented the better chance you have at obtaining a fair recovery in a reasonably quick manner.
New details of a fatal crash were released by a NHTSA report that triggered Toyota Motor Corp.’s largest recall. The Federal highway safety inspectors found that the Lexus ES 350 sedan involved in the fatal crash had a gas pedal design that could increase the risk of its being obstructed by a floor mat. Toyota stated “among the remedies it is considering in the current recall is an adjustment to the pedals or their design.”
According to the GAO, the FDA “has allowed drugs for cancer and other diseases to stay on the market even when follow-up studies showed they didn’t extend patients’ lives.” It is also said to be questionable if the FDA even performed follow-up studies on these drugs. The FDA’s 16 year accelerated approval program, was designed to allow drug makers to bring products to market sooner under the “strict” condition that they conduct follow-up studies. The GAO is critical of the FDA and their “so-called ‘accelerated approval program.” The GAO “identified several drugs still on the market that never lived up to their initial promise” and out of the 16 year program the FDA has “never once pulled a drug off the market due to missing or unimpressive follow-up data.”
Since the GAO has completed its reports, the FDA claims to have “overhauled [its] tracking system. Principal Deputy Commissioner Dr. Joshua Sharstein said that there is not a policy in place for the FDA to pull drugs off the market because “we don’t want to lock ourselves into a specific set of criteria.” Dr. Sharstein is also on record saying “the agency has a task force assigned to look at polices like drug withdrawals.”
On October 22, 2009 Gary Shipman was sworn in as a new member of the UNCW Board of Trustees. Gary Shipman states “I am deeply honored that the Governor has entrusted me with the obligations as a member of the Board of Trustees of my alma-mater. I am deeply passionate about UNC-W, and intend to contribute my efforts to insuring that this University maintains and surpasses its historical successes.”Gary Shipman joined by Susan Carter who was also sworn in as new member of the UNCW Board of Trustees by The Honorable Phyllis Gorham.
A woman driving her 1995 Pathfinder SUV was struck in the front left corner by another car traveling between 45 and 50 m.p.h. The impact pushed the left front tire through the firewall and crushed the vehicle’s foot well, floor pan, and toe board area.
The driver’s medical expenses totaled about $197,000 after suffering multiple fractures to both legs, requiring implantations of nails, screws, plates and rods. The driver and her husband sued the manufacturer of the SUV for the overly rigid design that permitted the force of impact to reach the drivers compartment. The plaintiffs alleged that the design should have permitted the front structure to yield upon impact. They also alleged that the manufacturer should have preformed testing to evaluate the potential risk from frontal- offset collisions.
The jury awarded about $2.2million, including $150,000 to the driver's husband for loss of consortium.
There was uproar concerning the courageous fight by Diana Levine, a musician from Vermont who lost her arm because of the drug Phenergan. Wyeth no longer sells Phenergan but many makers of generic drugs do. The Food and Drug Administration has since ordered a black box label to warn about the risks of IV push and Phenergan, also known as promethazine. This method of the "black box" warning is considered to be the strongest warning possible. When medical professionals see the "black box" it will clearly state that the preferred way to administer phenergan, also known as promethazine, is through intramuscular injection.
Knowing when a homeowner is eligible to qualify for another mortgage is important information for them to have before making any decisions. At this point in time, some homeowners see no other option but foreclosure, bankruptcy or considering a short sale of their property. Homeowners seeing this as a last resort- the effect these actions will have on their credit is a huge concern that will unquestionably cause even more problems for them in the future. A homeowner should be aware of all options in this process, including when they’re eligible to qualify for another mortgage. This might change what they see as a last resort.
As October comes to a close, the color pink will also start to fade. There is a tremendous amount of national and local support demonstrated throughout all of October for Breast Cancer Awareness month. From local organizations and businesses raising money for research to professional football teams incorporating pink into their uniforms, Breast Cancer Awareness is everywhere. For some of us the visible support shown on a daily basis will soon fade away until October of next year. For others, those that have survived, suffered or even experienced someone who lost the battle, Breast Cancer Awareness is an everyday topic.
All women have fear of falling victim to breast cancer, so when a drug is released that can reduce the odds it becomes an appealing preventative measure. According to a recently released study that reviews the risks and benefits of the drugs raloxifene or tamoxifen, it was found that when taken by women it can reduce their risk of developing invasive breast cancer up to half, but they may be at greater risk for potentially serious blood clots. Researches found that for every 1,000 women who take the medications each year, there are seven to ten fewer cases of breast cancer. While both medications increase the risk of blood clots, tamoxifen has a bigger risk out of the two drugs. Tamoxifen not only increases the risk of endometrial cancer and cata in the study it was said that for every 1,000 women who take tamoxifen each year, four to seven additional cases of blood clots occur.
Gov. Perdue Appoints Shipman to UNC-Wilmington Board of Trustees
RALEIGH – Gov. Bev Perdue has appointed Gary K. Shipman of Wilmington to the University of North Carolina at Wilmington Board of Trustees.
Shipman is a senior partner at Shipman and Wright, LLP. He is a member of North Carolina Advocates for Justice, North Carolina Bar Association, American Association for Justice, Supper Optimist Club, UNC-Wilmington Rebounders Club and ACCESS of Wilmington non-profit organization. Shipman received the Board Certified Civil Trial Specialist from National Board of Trial Advocacy. He is recognized as “The Best Lawyers in America” and “Super Lawyers” since 2005. Shipman received his bachelor’s degree in sociology from UNC-Wilmington and his law degree from Campbell University.
The board promotes the sound development of the institution within the functions prescribed for it, helping it to serve the State in a way that will complement the activities of the other institutions and aiding it to perform at a high level of excellence in every area of endeavor. The board has 13 members, each serving a four-year term. The governor appoints four members.
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