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
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