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2010-04-30T14:35:00.003-05:00

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2010-04-30T14:35:00.001-05:00

Hospital Whistleblowers and U.S. Department of Justice Recover Billions in Medicare Fraud

2010-04-26T14:59:00.008-05:00

Hospital Administrator Whistleblowers Identify Medicare Fraud & Recover Money

Hospital Administrators including medical billing specialists, medical coding specialists, accountants, benefit specialists, facility coding supervisors, CEOs, vice presidents, and managers have been stepping up with doctors, nurses, and patients to blow the whistle on Medicare Fraud. These Hospital Administrators, Nursing Home Administrators, and Hospice Coordinators have been working with Medicare Fraud Qui Tam Lawyers and the United States Department of Justice to recover Billions of dollars in illegal kickbacks, medical double billing fraud, medical coding fraud, medical supplemental outlier payment fraud, and other forms of Medicare fraud. These hospital whistleblowers not only have been able to save United States Tax Payers Billions, but those that are the original source with special knowledge of the fraud and were first to file lawsuits on the fraud have been able to collect millions of dollars as a relator under the Federal False Claims Act.

Federal False Claims Act Amendments Encourage Medicare Fraud Recoveries

Recent Amendments to the Federal False Claims Act have not only increased protections for whistleblowers, but have also expanded the Federal False Claims Act to include subcontractors. By expanding the protections for whistleblowers and the potential liability for those committing Medicare fraud, the Federal Government is attempting to encourage more whistleblowers including hospital administrators to come forward and help fight Medicare fraud. The ultimate goal is to work with knowledgeable health care professionals to help reduce and recover more of the approximately $100 Billion in Medicare and Medicaid fraud that occurs each year.

In increasing the amount of potential Medicare fraud cases, the United States government had enacted an amendment to the Act that redefines "claim" to include claims submitted "to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government's behalf or to advance a Government program or interest." This language makes explicit the ability of Government and whistleblowers to pursue subcontractors and grantees. This expansion will allow Hospital Administrators and other whistleblowers to potentially qualify as a relator and recover a portion of the recovered funds when turning in fraudulent health care providers and other businesses that contract with government programs.

Hospital Administrator Whistleblowers Have Specialized Knowledge

Because of the specialized knowledge that Hospital Network Administrators, Nursing Home Administrators, and other Health Care Professionals have regarding Medicare Coding, Outlier Payments, Medical Billing, Medicare Reimbursement, Medicaid Reimbursment, and Hospice Eligability, many are able to be the original source with special knowledge of fraud including Medicare Fraud, Tricare Fraud, VA Fraud, and Medicaid Fraud. This will allow many hospital administrators, nursing home administrators, and other health care professions that are the first to blow the whistle on Medicare Fraud, Medicaid Fraud, or other health care fraud to qualify as a relator and recover a portion of the recovered money.

For more information on Hospital Administrator Whistleblower Lawsuits, please feel free to go to the following web page, Hospital Administrator Whistleblower Medicare Fraud Lawsuits. This web page includes information on several recent lawsuits and settlements regarding Medicare and Health Care Fraud.

Antiepileptic Drug (AED) Topiramate andTopamax Suicide Lawsuits

2010-04-22T18:11:00.004-05:00

Antiepileptic Drug (AEDs), Anticonvulsant Drugs, and Topamax FDA Warnings and Safety Alerts (Topiramate Suicide Lawsuits)

On May 5, 2009, the FDA mandated a new warning for Topamax and all anticonvulsant drugs. The antiepileptic drug (AED) class label changes mandated that Topamax and all anticonvulsant drugs update product labeling to include a warning about an increased risk of suicidal thoughts or actions. Further, these manufacturers were directed to develop a Medication Guide to help patients understand the risk of suicidal thoughts or actions caused by the antiepileptic drugs. These changes affected all approved AEDs including Topamax except those indicated only for short-term use.

The FDA approved advice to be given to healthcare professionals is that "epilepsy and other illnesses for which antiepileptic drugs are prescribed are associated with an increased risk of suicidal thoughts and behavior. If suicidal thoughts or behavior emerge during treatment with AEDs, the prescriber should consider whether these symptoms may be related to the illness being treated. All patients who currently are taking or starting on any antiepileptic drug for any indication should be monitored for notable changes in behavior that could indicate the emergence or worsening of suicidal thoughts or behavior or depression."

Since the FDA issued safety alerts for the antiepileptic drugs on December 16, 2008 and January 31, 2008, the FDA has been working with the manufacturers of drugs in this class to better understand the suicidality risk. As described in the January 31, 2008, Information for Health Care Professionals Sheet on AEDS, eleven antiepileptic drugs were included in FDA’s original pooled analysis of placebo-controlled clinical studies in which these drugs were used to treat epilepsy as well as psychiatric disorders and other conditions. The increased risk of suicidal thoughts or behavior was generally consistent among the eleven drugs, with varying mechanisms of action and across a range of indications. This observation suggests that the risk applies to all antiepileptic drugs used for any indication.

Topamax Birth Defect Malformation Lawsuits and Cleft Lips or Palate Lawsuits (Topiramate Birth Defect Lawsuits)

The epilepsy and migraine drug Topamax has also been associated with an increased risk of birth defects for children of mothers that were taking the drug during pregnancy. Research studies have found that there are higher than expected rates of babies born with cleft lips, cleft palates, genital defects and other birth malformations when Topamax is used by women during pregnancy. Thus there is growing amounts of research that indicate that the use of the epilepsy and migraine drug, Topamax, either on its own or in combination with other epilepsy drugs, may increase the risk of birth defects when it is used during pregnancy.

Topamax and Topiramate FDA Approved Uses

Topamax (generic name: Topiramate) is an anticonvulsant drug also referred to as an antiepileptic drug (AED) that is produced by Ortho-McNeil Neurologics and Noramco, Inc., both divisions of Johnson & Johnson. Topamax was first approved by the Food and Drug Administration in 1996 to treat epilepsy. In 2010, Topamax is approved for use by itself or in combination with other meds to treat a variety of forms of epilepsy as well as to treat migraines.

Off-Label Uses of Topamax and Topiramate

The Federal Food Drug and Cosmetic Act (”FDCA”), provides a systematic scheme for the approval of new drugs and new drug formulations intended to be marketed for use in interstate commerce. Under the FDCA, a new drug product cannot be marketed unless the FDA approves the product and determines that it is safe and effective for its intended use. When the FDA approves a drug, it approves the drug only for the particular use for which it was tested, but after the drug is approved for a particular use, the FDCA does not regulate how the drug may be prescribed. Thus, a drug that has been tested and approved for one use only can also be prescribed by a physician for another use, known as “off-label.”

Though physicians may prescribe drugs for off-label usage, the FDA prohibits drug manufacturers from marketing or promoting a drug for a use that the FDA has not approved. A manufacturer illegally “misbrands” a drug if the drug’s labeling includes information about its unapproved uses. A drug is deemed misbranded unless its labeling bears adequate directions for use. The courts have agreed with the FDA that the FDCA requires information not only on how a product is to be used (e.g. dosage and administration), but also on all the intended uses of the product. Oral statements and materials presented at industry-support scientific and educational activities may provide evidence of a product’s intended use. If these statements or materials promote a use that is inconsistent with the product’s approved labeling, the product is misbranded under the FDCA for failure to bear labeling with adequate directions for all intended uses.

Topamax is also being marketed for several off-label uses. Some of the off-label uses of Topamax include for treatment of bipolar disorder, cluster headaches, eating disorders, obesity, fibromyalgia, depression, posttraumatic stress disorder (PTSD), alcoholism, sleep disorders, sleep-eating disorders, infantile spasms, autism, periventricular leukomalacia in preterm infants after an hypoxic-ischemic injury, essential tremor, bulimia nervosa, obsessive-compulsive disorder, smoking cessation, idiopathic intracranial hypertension, neuropathic pain, and cocaine dependence.

Topamax Suicide Lawsuits and Topiramate Suicide Lawyers

Topamax Topiramate Suicide Lawsuits are currently in the process of being filed in the United States. It is expected that several Topamax Suicide Lawsuits will be filed in 2010 and Multidistrict Litigation status will be sought by Topamax Lawyers. For more information on Topamax Lawyers and Lawsuits, please go to the following web page: Topamax Suicide Lawsuits Antiepileptic Drug Suicide Lawyer.

Drug Companies Aggressively Market Dangerous Drugs and Drugs for Off-Label Uses

2010-04-11T17:03:00.003-05:00

Economic Incentives for Drug Companies Lead to Aggressive Marketing of Defective & Ineffective Medications and Need for FDA Regulations, Checks on Drug Marketing, and Defective Drug Lawsuits

The Pharmaceutical industry or "Big Pharma" has become extremely rich and powerful over the last decade as the industry has changed the way drugs are regulated and marketed in the United States and throughout the World. It is estimated that the drug industry will have drug sales of over $300 Billion in the United States in 2010 and over $750 Billion Worldwide. These revenues are over twice what they were 10 years ago.

The main reasons for this rapid growth are that the drug industry has been able to put their own people in top positions in the United States Food and Drug Administration to change regulations to relax the drug approval process, been able to help push through Medicare D (a major giveaway to the drug companies that increased government purchasing of drugs & limited competition), and been more aggressively marketing their drugs including off-label marketing regardless of dangers or effectiveness of the drug.

This article is intended to help explain the economic incentives that are encouraging the pharmaceutical industry to aggressively push drugs for approved and off label uses regardless of the effectiveness or potential dangerous side effects of the drugs as well as explain why additional safe guards are needed to help protect consumers from dangerous drugs and to curtail the drug industry's aggressive pursuit of profits regardless of the potential dangers or effectiveness of specific drugs.

Significant Investments in Research and Development Create Economic Incentives for Pharmaceutical Companies to Aggressively Market Drugs Regardless of Effectiveness or Potential Dangers

Because of the significant cost of researching and developing a drug, pharmaceutical companies have tremendous investments in making sure that a drug is profitable regardless of the effectiveness or potential dangers of a drug. Pharmaceutical professionals that have spent years and significant resources developing a new drug often cannot afford to risk their careers and company's profitability by having a drug's approval delayed, a drug taken off the market, or a drug sent back for further research. These precautions though often safer for consumers could allow another drug company or pharmaceutical professional to develop a similar drug and steal the potential market or cause potential profits to be delayed. Thus, the significant investment that a drug company has in a particular drug combined with fierce competition and the need for short term profitability create a strong economic incentive for a drug company to aggressively push patenting, approval, and marketing of a drug regardless of its effectiveness or potential dangerous side effects.

Further, once a drug is approved for a specific use there is also tremendous economic pressure to start marketing and pushing a drug for off label uses to increase the drug's profitability regardless of effectiveness or potential dangers. Even in cases where one drug company has been warned by the FDA not to market a drug for off label uses, other companies have purchased the drug and found it more profitable at least in the short term to market the drug and later pay any fines and/or lawsuits (Yasmin and Yaz example).

These economic incentives have led to increased emphasis on marketing and promotions rather than more research and development. In fact, studies have shown that the drug industry is now spending more on marketing and promotions than it is on research and development of new drugs. This startling fact is contrary to the drug industry's argument that most of their large revenues are needed for research and development of new drugs and suggests that new regulations are needed for drug marketing as many drug companies have found it more profitable to aggressively market drugs rather than to develop new drugs and/or make sure their product is safe and effective.

Economic Incentives Have Created More Aggressive Marketing Departments that Push Drugs Through Advertising and Doctors Regardless of Effectiveness or Dangerous Side Effects

Drug company spending on sales and marketing has increased significantly over the past decade. This increased focus on aggressive marketing has led to increased sales of drugs and profits for the pharmaceutical industry, but has also caused a large increase in off label use of drugs as well as the use of drugs that can cause significant health problems or death.

In pushing their drugs to consumers, some pharmaceutical marketing departments have turned many doctors and health care providers into drug pushers through incentive based marketing, kick back programs, and propaganda given to the doctors to encourage off label use of drugs and a push towards the use of more drugs and more expensive drugs regardless of necessity or effectiveness. The marketing departments have also in some instances taken control of the FDA to hide negative information about potential dangers of some drugs. These actions allowed the drug companies to sell more drugs even when they had information that the drugs were dangerous and could cause death or serious injuries.

Because of the large profits that have been made or can be made by the drug companies, many pharmaceutical executives have been willing to risk large fines for illegal and deceptive practices including off-label marketing, misleading advertisements, and hiding known dangers of drugs because they know that the profits will be larger than the potential fines. Pfizer has paid a total of $2.75 billion in off-label penalties since 2004 which is a little more than 1 percent of the company’s revenue of $245 billion from 2004 to 2008. (Pfizer Broke the Law by Promoting Drugs for Unapproved Uses)

Off-Label Drug Marketing and Off-Label Pharmaceutical Marketing Medicare Fraud Lawsuits

Off-label marketing is the practice of pharmaceutical marketing professionals creating financial incentives and pressuring doctors to prescribe pharmaceuticals for unapproved uses. In the United States, the Food and Drug Administration Center for Drug Evaluation and Research (CDER) reviews a company's New Drug Application (NDA) for data from clinical trials to see if the results support the drug for a specific use or indication. If satisfied that the drug is safe and effective, the drug's manufacturer and the FDA agree on specific language describing dosage, route of administration, and other information to be included on the drug's label and package insert.

The Federal Food Drug and Cosmetic Act (”FDCA”), provides a specific regulation process for the approval of new drugs and new drug formulations intended to be marketed for use in interstate commerce. Under the FDCA, a new drug product cannot be marketed unless the FDA approves the product and determines that it is safe and effective for its intended use. When the FDA approves a drug, it approves the drug only for the particular use for which it was tested, but after the drug is approved for a particular use, the FDCA does not regulate how the drug may be prescribed by doctors. Thus, a drug that has been tested and approved by the FDA for one use only can also be prescribed by a physician for another use, known as off-label. Though physicians may prescribe drugs for off-label usage, the FDA prohibits drug manufacturers from marketing or promoting a drug for a use that the FDA has not approved.

In the past ten years some pharmaceutical marketing departments have found it extremely profitable to market their drug for non-FDA approved uses. The FDA's inability to regulate physicians allowed the drug company marketing departments and drug representatives to set up elaborate schemes to encourage physicians to prescribe drugs for off-label uses including misleading doctors as to the efficacy of a drug for a particular treatment and forms of kickbacks including vacations, conferences, initial free samples, hiring physician's families.

These marketing schemes have been very successful in increasing pharmaceutical profits, but have led to False Claims Act Off-Label Marketing Lawsuits by the United States Department of Justice and False Claims Act Lawyers. These Off-Label Marketing False Claims Act Lawsuits have led to Billions of Dollars in Civil and Criminal fines against large drug companies. However, because of the extremely large profits that have been and can be made by off-label marketing, there is an economic incentive to continue the practice.

Recent Letter from the FDA Expresses Outrage at Wrongful and Criminal Actions of some Top FDA Officials During the Bush Administration that Changed Regulatory Procedures and Rubber Stamped Ineffective and Dangerous Drugs

Recent allegations have been made that the United States Food and Drug Administration (FDA) under the Bush administration in many instances ignored science and did not protect consumers from known dangers from pharmaceutical drugs. A letter dated April 2, 2009 from the Department of Health and Human Services FDA, confirms that top FDA Officials were suppressing science and information that could have hurt profits for the pharmaceutical companies. These FDA officials, FDA attorneys, and lawyers from the pharmaceutical companies, were working together in an effort to use false data and suppressed data to not only sell more dangerous drugs and medical devices to consumers, but also were attempting to block consumers that were severely injured or families that lost a loved one from defectively dangerous drugs from seeking any recourse through the justice system.

Fortunately, brave whistleblowers including FDA physicians and scientists, public advocacy groups, and the press were able to shine a light on some of the serious wrongdoing done by top FDA officials resulting in the letter. The letter expressed the outrage of many FDA professionals and other whistleblowers that are trying to root out FDA managers that failed to protect consumers from dangerous drugs.

It appears that the FDA is in the process of rooting out industry insiders that have valued their careers and/or helping drug companies make more money over the health and safety of American consumers. However, the fact that corrupt officials loyal to the drug industry were able to hijack the FDA is troubling. These outrageous actions have led to a call for new regulations and prohibitions against a revolving door policy between the FDA and the drug industry.

Product Liability Litigation, Dangerous Drug Lawsuits, and Seeking Compensation for & Protecting Consumers

Medications can be extremely beneficial, but when they are used incorrectly, marketed for the wrong purpose, or dangerous side effects are hidden; defective drugs can cause serious problems and catastrophic damages. In our modern society, the pharmaceutical companies have become extremely rich and powerful. Arguably this pooling of resources into the pharmaceutical companies allows these large corporations to spend billions of dollars on developing new drugs, but also on aggressive marketing and lobbying. Therefore, checks are need on how the drug industry uses their massive resources and power including limits on drug marketing, lobbying, and their influence on FDA regulations.

Further, it is important that consumers that have lost a loved one or have been seriously injured by a drug which is known to be unsafe have recourse in the United States justice system. Like the Pinto cases from the 1970s, large companies that determine that it is more profitable to aggressively market unsafe and dangerous drugs and pay any fine than it is to develop new and better drugs need to be made to answer for the damages that they cause. Allowing consumers to seek recourse from drug companies that have caused devastating health problems and death is an important check on the aggressive pharmaceutical marketing of drugs including off-label marketing that is currently occurring.

Defective drug lawsuits fall into product liability law. Product Liability Lawsuits that stem from defective medications can be extremely complicated and expensive to develop. Many of these defective medication lawsuits have aspects of medicine, science, evidence, and law to investigate, examine, and prove. To successful pursue defective and dangerous drug litigation, it is common to hire multiple experts to prove that a medication is defective and that it caused harm to a particular person or particular group of people. For this reason many defective medication lawsuits require severe catastrophic damages and/or multiple injured parties to be viable.

Even when a dangerous medication has caused catastrophic damages to many people and families, it can be quite a fight to prove that a medication is defective. Fighting through industry produced research and discovering hidden adverse research can be difficult. This is because the product's manufacturer has typically invested a significant amount of money in designing the product, manufacturing the product, and marketing the product. For some dangerous drugs billions of dollars have been invested in designing, manufacturing, marketing, and distributing the defective drug. As such, everyone in the production and distribution lines have a stake in disproving that the medication is defective or dangerous.

Defective Drug Litigation, Bad Drug Lawsuits, and other Drug Product Liability Lawsuits (Texas Defective Drug Lawyer)

These highly profitable, but aggressive, misleading, and sometimes illegal marketing practices have brought crack downs by the United States Department of Justice, the Food and Drug Administration, and Product Liability Defective Drug Lawyers. For more information on some types of defective drug litigation that are now pending please feel free to click on the following links: Chantix Suicide Lawsuits, Reglan Tardive Dyskinesia Lawsuits, Defective Birth Control (Yaz, Yasmine, & Ocella) Lawsuits, Avandia Lawsuits, Vioxx Lawsuits, Ketek Lawsuits, Gadolinium Contrast Dye Lawsuits, Trasylol Lawsuits, Zyprexa Lawsuits, Antidepressant (SSRI) drug Lawsuits, and other defective drug and medication Lawsuits.

Reglan GERD Tardive Dyskinesia Lawsuits (Tardive Dyskinesia Neuroleptic Medication Lawsuits)

Reglan is a neuroleptic medication used to treat gastrointestinal problems that have had many cases of Tardive Dyskinesia reported in response to it. Reglan is supposed to increase the stomach and small intestine contractions to help the passage of food. As every medication, Reglan has side effects associated to it and some of them are very serious. In February 1996, the FDA warned that Reglan causes an increased risk of Parkinsonism.

Reglan is a dopamine antagonist that increases lower esophageal sphincter pressure and improves gastrointestinal emptying. The FDA approved Reglan, which is manufactured by Baxter Healthcare Corporation, for short-term treatment (between 4 and 12 weeks) of these conditions only after conservative methods of treatment have failed. However, it is common that patients are prescribed Reglan for longer than 12 weeks, which is against FDA recommendations.

This is problematic because prolonged use of Reglan can cause Tardive Dyskinesia, a serious and often irreversible movement disorder. Infants who are given Reglan appear to be at an even greater risk for this serious drug side effect.

The symptoms a person can experience from Tardive Dyskinesia can vary from mild barely noticeable facial ticks and involuntary movements to severe problems. Severe cases of Tardive Dyskinesia can have a significant impact on a person's life disabling them from normal functioning. Severe facial ticks and involuntary body movements can be extremely embarrassing cause a person to withdraw from social interactions.

For more information on Reglan and Tardive Dyskinesia, please go to the following Reglan Tardive Dyskinesia GERD Lawsuit Webpage.

Chantix Suicide Lawsuits (Chantix Suicide Litigation)

Chantix is a stop smoking aid or smoking cessation medication that has been linked to mood and behavior changes in people that use the drug. These behavior changes include suicidal behavior and suicidal idealation. These changes are especially problematic when Chantix is used in combination with alcohol.

Health care professionals, patients, patients' families, and caregivers should be alert to and monitor for changes in mood and behavior in patients treated with Chantix. Symptoms may include anxiety, nervousness, tension, depressed mood, unusual behaviors and thinking about or attempting suicide. In most cases, neuropsychiatric symptoms developed during Chantix treatment, but in others, symptoms developed following withdrawal of varenicline therapy.

Patients should immediately report changes in mood and behavior to their doctor.
Vivid, unusual, or strange dreams may occur while taking Chantix.
Patients taking Chantix may experience impairment of the ability to drive or operate heavy machinery.

FDA will continue to update health care professionals with new information from FDA's continuing review or if new information is received on Chantix and serious neuropsychiatric symptoms.

For more information on Chantix Suicide and Attempted Suicide Lawsuits, please go to the following Chantix Lawsuit Webpage.

Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs)
Birth Defect Lawsuits

Some medications that have been linked to birth defects include Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs). Women that have taken SSRIs after the 20th week of pregnancy have a 6-fold increased risk of developing persistent pulmonary hypertension, a life-threatening lung disorder. Infants with persistent pulmonary hypertension have abnormal blood flow through the heart and lungs and do not get enough oxygen to their bodies and may become very sick or die. For more information on Selective Serotonin Reuptake Inhibitor Antidepressant Birth Defect Claims, please go to our SSRI Birth Defect Claim Information Page.

The SSRIs antidepressants that have been linked to persistent pulmonary hypertension (PPHN) include Paxil by GlaxoSmithKline, Zoloft marketed by Pfizer; Prozac sold by Eli Lilly; Celexa and Lexapro by Forest Laboratories, Effexor marketed by Wyeth, Luvox by Solvay, and the generic makers of these drugs include Barr Pharmaceuticals, Ranbaxy Labs and Genpharm.

Infants born with PPHN often require mechanical assistance to breath and even worse about 10% to 20% of the infants do not survive even when they receive treatment. The PPHN babies that do survive often experience developmental delays, brain abnormalities and hearing loss, experts say.

For more information on PPHN, PPH and SSRI Birth Defect Lawsuits, please go to the following SSRI Antidepressant PPHN Birth Defect Lawsuit Webpage.

Birth Control Medication Lawsuits (Yaz, Yasmin, and Ocella Birth Control Drug Lawsuits)

YAZ, Ocella, and Yasmin are oral contraceptives that produced over $1 Billion in sales in the United States and $1.8 Billion worldwide in 2008. These birth control pills are oral contraceptives that have been heavily marketed by Bayer HealthCare Pharmaceuticals, Inc., however, the FDA has found that past marketing campaigns were misleading as it minimized the potential health risks that have been associated with these oral contraceptives. These health risks include sudden death, cardiovascular problems, blood clots, heart attacks, stokes, and gallbladder disease

YAZ and Yasmin are combined oral contraceptive (COC) pills that contain ethinylestradiol (EE) and drospirenone (DRSP). These birth control medications are manufactured by Bayer HealthCare Pharmaceuticals, Inc., while Ocella is the generic equivalent of Yasmin that is manufactured by Barr Laboratories. Each of these birth control medications contain ethinyl estradiol and the new "fourth generation" progestin drospirenone (DRSP). Drospirenone is known for increasing the risk for hyperkalemia and these DRSP oral contraceptives have been associated with adverse health effects such as Death, Deep Vein Thrombosis (DVT), Pulmonary Embolism (PE), Strokes, Heart Attacks, Gallbladder Disease, and other health problems.

For more information on Yaz, Ocella, and Yasmin Lawsuits, please go to the following Yaz, Ocella, and Yasmin Lawsuit Webpage.

Neurontin FDA Actions and Warnings (Gabapentin and Antiepileptic Drug Suicide Lawsuits)

In December 2008, the U.S. Food and Drug Administration announced it will require the manufacturers of antiepileptic drugs to add to these products' prescribing information, or labeling, a warning that their use increases risk of suicidal thoughts and behaviors (suicidality). The action includes all antiepileptic drugs including those used to treat psychiatric disorders, migraine headaches and other conditions, as well as epilepsy.

The FDA is also requiring the manufacturers to submit for each of these products a Risk Evaluation and Mitigation Strategy, including a Medication Guide for patients. Medication Guides are manufacturer-developed handouts that are given to patients, their families and caregivers when a medicine is dispensed. The guides will contain FDA-approved information about the risks of suicidal thoughts and behaviors associated with the class of antiepileptic medications.

"Patients being treated with antiepileptic drugs for any indication should be monitored for the emergence or worsening of depression, suicidal thoughts or behavior, or any unusual changes in mood or behavior," said Russell Katz, M.D., director of the Division of Neurology Products in the FDA's Center for Drug Evaluation and Research. " Patients who are currently taking an antiepileptic medicine should not make any treatment changes without talking to their health care professional."

The FDA today also disseminated information to the public about the risks associated with antiepileptic medications by issuing a public health advisory and an information alert to health care professionals. Health care professionals should notify patients, their families, and caregivers of the potential for an increase in the risk of suicidal thoughts or behaviors so that patients may be closely observed.

Gabapentin (brand name Neurontin) has been aggressively marketed for many off-label uses including to relieve pain, migraine headaches, neuropathic pain, nystagmus, Complex Regional Pain Syndrome, mood-stabilizing treatment for bipolar disorder, menopausal hot flashes, and idiopathic subjective tinnitus. This off-label marketing for Neurontin is a serious problem in that the FDA has issued a warning of an increased risk of suicidal thoughts and behaviors in patients taking Neurotin.

It is estimated that over 90 percent of Pfizer's revenue from Neurontin which is in the billions of dollars is from off-label use. Pfizer has paid a total of $2.75 billion in off-label penalties since 2004 which is a little more than 1 percent of the company’s revenue of $245 billion from 2004 to 2008. (Pfizer Broke the Law by Promoting Drugs for Unapproved Uses)

For more information on Neurontin and Antiepileptic Drug Suicide Lawsuits, please go to the following Neurontin, Off Label Marketing, and Antiepileptic Drug Suicide Lawsuit Webpage.

Fatal and Hypoxia Carbon Monoxide Poisoning Lawsuits

2010-03-30T16:15:00.003-05:00

Carbon Monoxide Gas (Fatal and Hypoxia Carbon Monoxide Poisoning Lawsuits)

Carbon Monoxide is a colorless, odorless, tasteless, and poisonous gas that is created be internal-combustion engines. Carbon Monoxide can be extremely dangerous and can cause death or serious injuries, if inhaled by people or animals. Dangerous conditions include a motor vehicle running in an enclosed area such as a garage, exhaust created by a boat, or a power generator running inside a home or garage. Because it is a colorless and odorless gas, it is not always apparent when carbon monoxide is present or may be a potential danger. The presence of carbon monoxide can sometimes be determined by the symptoms of carbon monoxide poisoning including headaches, fatigue, nausea and dizziness.

If carbon monoxide poisoning is not caught in its early stages it can lead to passing out, brain damage, and even death. Thus, it is extremely important to be aware of heaters, generators, water heaters, and other household appliances that can cause carbon monoxide poisoning. These if left on over night can incapacitate everyone in a home, tent, or cabin and prevent them from getting out of harm's way. Domestic carbon monoxide poisoning can be prevented by the use of household carbon monoxide detectors.

Carbon Monoxide Poisoning

Carbon monoxide poisoning occurs after people or animals inhale carbon monoxide gas. Carbon monoxide (CO) is a product of combustion of organic matter under conditions of restricted oxygen supply, which prevents complete oxidation to carbon dioxide (CO₂). Carbon monoxide is colorless, odorless, and tasteless, and is often difficult for people to detect.

Carbon monoxide is a significantly toxic gas with poisoning being the most common type of fatal poisoning in many countries. Symptoms of mild poisoning include headaches, fainting, and flu-like effects; larger exposures can lead to significant toxicity of the central nervous system and heart. Following a significant poisoning, cognitive impairments, apathy, depression, headaches and dizziness often occurs. Carbon monoxide can also have severe effects on the fetus of a pregnant woman.

The mechanisms by which carbon monoxide produces toxic effects are not yet fully understood, but hemoglobin, myoglobin, and mitochondrial cytochrome oxidase are thought to be compromised. Treatment largely consists of administering 100% oxygen or hyperbaric oxygen therapy.

Information on Carbon Monoxide Poisoning in the Work Place

Many businesses use ovens, forklifts, and other equipment that create carbon monoxide. These businesses if in a strip mall or other enclosed areas can cause carbon monoxide poisoning for neighboring businesses and employees. If you, your employees, or your customers are experiencing headaches, fatigue, nausea, and dizziness, you might want to test for carbon monoxide gas in your environment as well as investigate the use of any combustion engines or equipment that may create carbon monoxide gas as well as the ventilation system of your work place.

Smoke Inhalation Can Cause Serious Injuries and Death

Smoke inhalation from an accidental fire can cause difficulty breathing, carbon monoxide poisoning, and other toxic effects that can result in serious injuries or even death. Smoke inhalation occurs when a person breathes in smoke or the products of combustion during a fire. The fire not only uses the surrounding oxygen in the air taking the oxygen that humans need to breathe, but through burning or combustion (the rapid breakdown of a substance by heat) creates smoke which is a mixture of heated particles and gases that are created by burning.

It is impossible to predict the exact composition of smoke produced by a residential fire or industrial fire as every accident fire is different. The products being burned, the temperature of the fire, and the amount of oxygen available to the fire all make a difference in the type of smoke produced. This is especially true when furniture, appliances, and other items made up of plastic or other chemicals is burned. The resulting smoke can be filled with irritants or toxins and result in serious respiratory problems or even death.

Smoke inhalation can damage the body by simple asphyxiation (lack of oxygen), chemical irritation, chemical asphyxiation, or a combination of these. Combustion can use up the oxygen near the fire and lead to death when there is no oxygen for a person to breathe. Smoke itself can also contain products that do not cause direct harm to a person, but they take up the space that is needed for oxygen. Carbon dioxide acts in this way.

Combustion can also result in the formation of chemicals that cause direct injury when they contact the skin and mucous membranes. These substances disrupt the normal lining of the respiratory tract. This disruption can potentially cause swelling, airway collapse, and respiratory distress. Examples of chemical irritants found in smoke include sulfur dioxide, ammonia, hydrogen chloride, and chlorine.

A fire also can produce compounds that do damage by interfering with the body's oxygen use at a cellular level. Carbon monoxide, hydrogen cyanide, and hydrogen sulfide are all examples of chemicals produced in fires that interfere with the use of oxygen by the cell during the production of energy. If either the delivery of oxygen or the use of oxygen is inhibited, cells will die.

Symptoms and Treatment of Smoke Inhalation

Smoke inhalation can cause health problems that result in coughing, shortness of breath, hoarseness, headaches, changes in mental status, changes in skin coloration, and passing out.

The first step in treating a person suffering from smoke inhalation is to remove the person from the smoke-filled environment to a location with clean air. The second step is to start CPR and make sure that they are getting oxygen. Oxygen may be applied with a nose tube, mask, or through a tube down the throat. If the patient has signs and symptoms of upper airway problems (hoarseness), they will most likely be intubated. The doctor places a tube down the throat to keep the airway from closing due to swelling.

If the patient has respiratory distress or mental status changes, they may also be intubated to let the staff help with breathing, to suction off mucus, and keep the patient from choking on secretions. If the smoke inhalation is bad enough, a bronchoscopy may have to be done to directly look at the degree of damage done to the airways and to allow for suctioning of secretions and debris.

If the patient has carbon monoxide poisoning, the use of a hyperbaric chamber for hyberaric oxygenation may be considered. This treatment use compressed oxygen to help the person's blood gases return to normal. A complete blood count may also be done to determine if there are enough red blood cells to carry oxygen, enough white blood cells to fight infection, and enough platelets to ensure clotting can occur. Carboxyhemoglobin and methemoglobin levels are also typically measured in all smoke inhalation victims with respiratory distress, altered mental status, low blood pressure, seizures, fainting, and blood pH changes.

Carbon Monoxide Lawyers, Fatal Carbon Monoxide Lawsuits, Toxic Brain Injury Carbon Monoxide Lawsuits, and Deadly Carbon Monoxide Poisoning Lawyers

Fatal Carbon Monoxide Poisoning and Hypoxia Carbon Monoxide Poisoning from a defective product, work place, hotel, apartment, or home, can lead to a lawsuit against those that are responsible for the Carbon Monoxide Poisoning. For more information on a Fatal Carbon Monoxide Poisoning Lawsuit or Hypoxia Carbon Monoxide Poisoning Lawsuit, feel free to go to the following web page on Carbon Monoxide Lawsuits.

Texas Road Construction Accident Lawsuits, Texas Department of Transportation Lawsuits, Texas Warning Sign Lawsuits & Texas Faulty Barricade Lawsuits

2010-03-18T17:35:00.001-05:00

Texas Road Construction Accident Lawsuits

Road construction accidents can be caused by a variety of careless actions including a negligent road construction contractor that has misplaced warning signs; put up confusing warning signs; used faulty warning signs or warning markers; misplaced barricades or construction markers; allowed construction workers to park in dangerous locations; negligently used construction equipment; hired negligent or inattentive construction workers; left construction debris in the road, by the road, or in traffic; hired negligent engineers; failed to follow safety regulations; and/or has committed several other potential careless or negligent actions.

Investigating Texas Road Construction Accident Lawsuits

We have all seen road construction where debris is left in the road, misleading warning signs are placed incorrectly in the construction zone, warning markers are not used correctly, construction equipment is used unsafely, or construction workers are not following safe working procedures or are parking unsafely. These negligent road construction actions as well as other safety violations can create dangerous conditions for drivers and result in serious and fatal accidents.

Because of the complexity of Texas law and insurance policies, Texas road construction accident lawsuits often require an experienced Texas road construction accident lawyer as well as a road construction safety experts that are familiar with road construction accidents to perform a full investigation of the accident, potential violations by the road construction contractor or the Texas Department of Transportation, and the potential claims that the injured person or survivors may have against those responsible for causing the collision or accident.

Texas Fatal Drunk Driver Automobile Accident Lawsuits, Texas Catastrophic Injury Drunk Driver Accident Lawsuits, and Texas DWI Bar & Night Club Lawsuits

The combination of Alcohol and Road Construction on familiar roads or highways can also cause fatal collisions or catastrophic injury crashes. Fatal DWI Automobile Accidents can also be caused by businesses and fraternities that knowingly serve patrons too much alcohol. There are many bars, night clubs, party hosts, and restaurants that serve customers that are already drunk too much alcohol. Under Texas law a bar, night club, or restaurant that serves a drunk person alcohol can be held liable if they let that intoxicated person drive and the intoxicated person causes a serious or fatal automobile accident. For more information on Texas Dram Shop lawsuits, go to our page on Fatal Drunk Driver Collision Lawsuits and Texas Dram Shop Lawsuits.

Texas Motorcycle Accident Lawsuits and Texas Road Construction Motorcycle Accident Lawsuits

Every year tens of thousand of motorcycles invade the Texas Hill Country for the Republic of Texas Biker Rally. It is a great event with lots of fun, good music, and energy coming into the Texas. Austin Texas closes down several streets and most of the locals make room for the visiting bikers to parade up and down the streets of Austin. Many of Texans enjoy the variety of bikers and motorcycles cruising the streets of Austin. However, these bikers are sometime vulnerable to careless drivers and can suffer serious injuries if they are hit by a large truck, bus, or car. Even a careless move by another driver can throw off a biker to cause a serious crash.

These bikers are also vulnerable to negligent road construction including construction debris left in or near the road, misplaced warning signs, misplaced barriers, faulty lights, careless road workers, misuse of construction equipment, disappearing lanes of traffic, created blind spots, and other dangerous traps. For more information, please feel free to go to the following web pages on Texas motorcycle accident lawsuits

Texas Fatal Road Construction Accident Lawsuits and Texas Fatal Accidents

Texas Fatal Road Construction Accident Lawyer, Jason Coomer not only represents people that have lost family members and loved ones in fatal road construction accidents, but in represents families that have lost a family member in several different types of fatal accidents including smoke inhalation lawsuits, electrocution lawsuits, building & bridge collapse lawsuits, job accident death lawsuits, car crash death lawsuits, deadly truck collision lawsuits, accidental fatal shooting lawsuits, fatal drunk driver collision lawsuits, dangerous condition & fatal fall lawsuits, fatal explosion lawsuits, deadly fire lawsuits, motorcycle wreck lawsuits, fatal fall lawsuits, fatal medical malpractice doctor negligence lawsuits, automobile accident lawsuits, dangerous drug lawsuits, intentional tort lawsuits, hazing death lawsuits, and toxic exposure lawsuits. Jason Coomer represents the families of the deceased and asserts their rights after an accident, performing a full investigation of the accidental death to determine what happened and how to prevent any other accidental deaths from occurring in the same way.

For more information on types of cases handled by this Texas Law Firm, please go to the home page or practice areas page.

Texas Road Construction Accident Lawyer

Texas Road Construction Accident Lawyer, Jason S. Coomer, is an experienced Texas Fatal Collision and Catastrophic Injury Accident Lawyer that represents people that have been seriously injured and families that have lost loved ones in Texas road construction accidents and wrecks. His Law Firm investigates collisions and wrecks caused by negligent road construction contractors that have failed to follow road construction safety policies and rules resulting in serious automobile collisions and accidents.

For more information on Texas Road Construction Accident Lawsuits, feel free to go to the following web page on Texas Road Construction Accident Lawsuits by Texas Road Construction Accident Lawyer, Jason S. Coomer.

Defective Accelerators, Defective Brakes, and Defective Floor Mats Cause Accidents (Product Liability Lawsuits) by Texas Lawyer Jason S. Coomer

2010-02-22T17:16:00.003-06:00

Defective Automobile Lawsuits (Automobile Product Liability Lawyer)

Defective automobile product liability lawsuits include defective accelerator, defective floor mats, defective air bag, defective seat belts, defective brakes, defective tire, defective safety design, and rollover claims. As automobile accidents are one of the most common killers of people under the age of 65, it is important to drive a safe vehicle and feel confident that you and your family are in a safe automobile. Unfortunately, some automobile manufacturers place profits over safety in the production of vehicles and have hidden dangerous defects including defective accelerators, brakes, design, tires, and air bags.

Defective Accelerators, Defective Brakes, and Defective Floor Mats Cause Accidents (Product Liability Lawsuits)

The National Highway Traffic Safety Administration has announced it is opening a formal investigation of the Toyota Prius Hybrid model year 2010 to look into allegations of momentary loss of braking capability while traveling over an uneven road surface, pothole or bump. The agency received 124 reports from consumers, including four alleging that crashes occurred. Investigators have spoken with consumers and conducted pre-investigatory field work. “Safety is our top priority,” said Transportation Secretary Ray LaHood.

The National Highway Traffic Safety Administration (NHTSA) has also issued a consumer advisory on the recall of several models of Toyota vehicles and the Pontiac Vibe involving pedal entrapment and sticky accelerator pedals. In issuing this advisory, the National Highway Traffic Safety Administration (NHTSA) has confirmed 102 known incidents of 2004-2009 model year vehicles where the vehicles' accelerator and/or defective floor mats caused problems with the operation of the vehicle. A notice was posted on Toyota and Lexus’ web sites explaining to Toyota and Lexus owners that, “Recent events have prompted Toyota (and Lexus) to take a closer look at the potential for an accelerator pedal to get stuck in the full open position due to an unsecured or incompatible driver's floor mat. A stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop the vehicle, which could cause a crash, serious injury or death.” According to the NHTSA, 42 of the 102 known accidents involved a 2007 Lexus ES350. The confirmed events included a 4-person fatality crash in Santee, CA on August 28, 2009, involving a 2009 Lexus ES350 (a Lexus dealer loaner vehicle).

According to Sean Kane, an independent automotive safety expert and founder of Safety Research and Strategies, Inc. says that 19 deaths and 341 injuries can be attributed to 815 separate crashes involving Toyotas that had accelerated suddenly and unexpectedly. 2,262 incidents involving Unintended Acceleration have been reported since 1999.

Toyota Motor Corp’s recall of 3.8 million cars (the largest recall in company history) affects the Toyota Camry (2000-2010), Toyota Avalon (2005-2010), Toyota Prius (2004-2009), Toyota Tacoma (2005-2010), Toyota Tundra (2007-2010), Lexus ES 350 (2007-2010), Lexus IS 250 (2006-2010), and the Lexus IS 350 (2006-2010). A recall was issued in 2007 for an all-weather accessory floor mat sold for some 2007 and 2008 Lexus ES 350 and Toyota Camry models.

Secretary Ray LaHood of the National Highway Traffic Safety Administration made the following statement on the Toyota recalls: “I want to encourage owners of any recalled Toyota models to contact their local dealer and get their vehicles fixed as soon as possible. NHTSA will continue to hold Toyota’s feet to the fire to make sure that they are doing everything they have promised to make their vehicles safe. We will continue to investigate all possible causes of these safety issues.” Read NHTSA’s consumer advisory on the Toyota recalls from Monday below.

Owners of the recalled Toyota and Lexus vehicles should are advised to contact their Toyota and Lexus dealers as soon as possible for a safe replacement.

Defective Air Bag Claims (Product Liability Claims)

Defective Air Bag Claims may arise out of serious automobile accidents where a defective air bag was the cause of death or a catastrophic injury. An air bag injury may result when an air bag deploys at low impact or no impact. The defective airbag will deploy at tremendous force which is necessary to protect passengers from forward momentum of a high-speed crash. However, if the air bag deploys At low speed, deployment can snap the head and neck back severely, resulting in spinal damage, brain injury and soft tissue damage. Facial lacerations and even broken bones in the face are also common. Sometimes air bags fail to deploy when they should, resulting in chest, head, face and or neck injury as the body is propelled against the dashboard, windshield or seatback.

Defective Seat Belt Claims (Product Liability Claims)

Serious abdominal, head, neck, shoulder, facial and leg injuries are common results of seatbelt failure. The cause may be poor design of the seat latch, failure of the belt to catch when brakes are applied, poorly designed pressure points where the lap or shoulder harness cut into the body, or weakness or tears in the seat belt itself.

Defective Air Bag and Automobile Lawyers (Product Liability Claims)

Texas Defective Automobile lawyer, Jason S. Coomer, helps individuals that have been seriously injured and the families of people that have been killed as a result of defective air bags or a defective automobile. If you have a question about a defective air bag, defective accelerator, defective brake, or other defective automobile lawsuit, feel free to go to the following web page on defective automobile accident lawsuits.

Understanding Texas Civil Law After a Fatal or Catastrophic Injury Drunk Driver Collision

2010-01-18T10:38:00.002-06:00

Understanding Texas Civil Law After a Fatal or Catastrophic Injury Drunk Driver Collision by Texas Lawyer Jason S. Coomer

Every year thousands of Texans are killed or seriously injured by the negligence of drunk drivers, intoxicated drivers, and drivers under the influence of drugs or alcohol. Many of the people that are killed by drunk and intoxicated drivers, leave behind spouses, parents, children, and other loved ones that are devastated by their loss. This article is designed to provide general information regarding Texas law to families that have lost a loved one in a fatal drunk driver collision or have had a loved one permanently injured through the wrongful actions of a drunk driver. For specific information on particular case, it is important to contact an experienced Texas lawyer familiar with fatal accidents, catastrophic injury crashes, and drunk driver collisions.

The Grieving Process: Aftermath of a Fatal Collision

Losing a loved one is one is one of the most difficult experiences that a person can go through. This is especially true when the loss is a result of a sudden, accidental, unexpected or traumatic death. This sudden loss can shatter the world as we know it and make us realize that life is not always fair and leave us feeling shaken, unsure and vulnerable.

The grief response following sudden loss is often intensified since there is little to no opportunity to prepare for the loss, say good-bye, finish unfinished business or prepare for bereavement. Families and friends are suddenly forced to face the loss of a loved one instantaneously and without warning. This type of loss can generate intense grief responses such as shock, anger, guilt, sudden depression, despair and hopelessness.

Along with the primary loss of the person, families and loved ones may experience concurrent crises and multiple secondary losses: lost income, loss of home, loss of social status. The role the loved one held in the family is gone. It takes time for the family to reorganize. Family may be left feeling in a state of perpetual disarray with a lingering sense of unease and disorganization. Marital and other family relationships can become strained. Additionally, there are other immediate issues that come up including dealing with funeral arrangements, probate issues, medical expenses, pending criminal charges against the drunk driver, and the loss of income. These issues can often prevent a person from seeking assistance in investigating and potentially filing a wrongful death and survival action civil lawsuit against the drunk driver.

Texas Fatal Injury Law Suits and Claims: Texas Survival Action Claims, Texas Insurance Claims, and Texas Wrongful Death Claims

Under Texas law, Parents, Children, and Spouses of persons killed by drunk drivers have potential wrongful death claims against the drunk driver that killed their mother, father, husband, wife, son, or daughter. Through these wrongful death lawsuits and survival actions the relatives of a person killed by a drunk driver can often recover from the drunk driver's insurance company, the drunk driver, parent that provided alcohol to minors that were driving, or the bar where the drunk was drinking.

The Wrongful Death Claim seeks money compensation for the parents, spouse and children of the decedent based on a variety of factors including:

- Loss of love, companionship, comfort, assistance, protection, affection or care
- Loss of financial support
- Lost benefits, such as insurance, from the death
- Loss of inheritance from an untimely death

It is however important to realize that there is a two year statute of limitation on these wrongful death lawsuits. Though it is often difficult to deal with the loss of a loved one immediately after losing the person, it is extremely important not to wait beyond two year to act or the cause of action may be lost.

Also under Texas law, the estate of the person that was killed has a potential claim called a "survival action". The survival action are claims for what the decedent would have recovered had the person survived the accident. These claims travel through the decedent's estate and either go to their heirs or beneficiaries depending if the person had done any estate planning. These damages include:

- Expenses associated with the death including funeral costs
- Medical expenses prior to the death
- Pain and suffering associated with the untimely death

In addition to seeking compensation from defendants responsible for the accidental death of a loved one, insurance can often provide compensation for the loss of a loved one. Accidental Death Policies, Life Insurance Policies, Homeowners Insurance, General Commercial Insurance Policies, UM policies, and Automobile Accident Liability Policies are all types of insurance that can compensate widows and Texas families for the accidental death of a loved one in a drunk driver accident. Most insurance policies must be triggered within a certain time of the death or injury and will not be automatically triggered. A formal demand typically must be made to trigger these insurance policies.

The Grieving Process: Aftermath of a Catastrophic Injury Collision

In addition to losing a loved one, a catastrophic injury caused by drunk driver collision can also shatter the world of a family as we know it. Having a loved one suffer severe brain damage, loss of use of their arms or legs, suffering severe back injuries, or suffering multiple bone fractures can create large medical expenses, the need for 24 hour in home nursing care, lost income, end of a career, loss of a care taker, and many other damages that can dramatically change a family's world.

Not only does the family have to deal with the loss of their world, they also need to focus on preparing and rebuilding their lives. In these situations, it can also be difficult to find the time and energy to find a good Texas lawyer that can assist the family in investigating and potentially filing a catastrophic injury lawsuit.

Texas Catastrophic Injury Law Suits and Claims: Texas Minors' Claims, Texas Parents' Claims, and Texas Insurance Claims

There are also several different types of compensation that may be available under Texas law and insurance coverage to people injured in a vehicle collision. One of the most misunderstood claims in that of minors. When a minor is severely injured in a collision both the minor and the minor's parents or guardians may have claims under Texas law for different types of damages. While the minor's claims typically exist until two years after the minor's 18th birthday, the parent's claims for the medical expenses typically only are viable for two years after the statute of limitations. It is important to discuss these potential claims and any other potential claims that may exist under Texas law or insurance policies with an experienced Texas lawyer that understands catastrophic injury cases.

Avoiding Opportunists and Vultures

Unfortunately, after a fatal or catastrophic injury crash, numerous unethical people will often contact families to take advantage of the situation. From case runners working for chiropractors and unethical lawyers to insurance adjusters looking to avoid liability, families of those killed or severely injured are too often the target of opportunists that will start contacting a family after collision. Most troubling are those that show up or call after a collision.

In dealing with these opportunists, it is important not to sign away any rights or give a recorded statement until you have had the opportunity to speak with an experienced catastrophic injury or fatal collision lawyer.

Boating and Driving Under the Influence is against Texas Law

Driving on our roads is a necessary risk we all have to take, but driving becomes increasingly dangerous with drunk drivers are carelessly and recklessly driving on our roads. In Texas, there are laws against drunk driving and driving under the influence of drugs or alcohol, but too many drivers do not respect these laws and recklessly drive causing many automobile collisions.

Under Texas law, a driver is considered drunk or under the influence if they do not have the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body or if they have a blood alcohol concentration of over .08. And it is against Texas law for drunk drivers to operate motor vehicles, water craft, and air craft. If the drunk driver causes an automobile accident or boating accident that causes serious injuries or death, they can be charged under Texas law with intoxication assault or intoxication manslaughter both serious felonies.

Texas Fraternity Hazing & Night Club Law Suits

Fatal DWI Automobile Accidents can also be caused by businesses and fraternities that knowingly serve patrons too much alcohol. There are many bars, night clubs, party hosts, and restaurants that serve customers that have already drunk too much alcohol. Under Texas law a bar, night club, or restaurant that serves a drunk person alcohol can be held liable if they let that intoxicated person drive and the intoxicated person causes a serious or fatal automobile accident. For more information on Texas Dram Shop lawsuits, go to our page on Texas Dram Shop Claims.

Texas Drunk Driver Wrongful Death Lawsuits and
Texas Wrongful Death Claims

Texas DWI Accident Lawyer Jason Coomer works with district attorneys to make sure that drunk drivers that cause serious accidents are prosecuted as well as seeks compensation for the families that have lost loved ones due to drunk drivers.

He has also worked hard to prevent future fatal accidents and make sure that fatal accidents do not occur in the same manner. Through his efforts, policies and safety regulations throughout North America have been changed to make work places safer. He has also worked hard to obtain compensation for those left behind including reimbursement for medical bills, funeral costs, lost future earnings, pain & suffering, and other damages suffered.

Whether a person is accidentally killed by a hazardous defect or the carelessness of another, individuals often need assistance in dealing with and seeking just compensation from insurance companies and large corporations. Corporations that carelessly kill a person will all too often spend a lot of money fighting the claim instead of compensating the family for the loss and fixing the problem. Unfortunately, insurance companies are often the same way. Having an experienced wrongful death attorney on your side can force large corporations and insurance companies to do the right thing and value life and safety above profits.

If you have lost a loved one and that loved one was killed through the negligence of a drunk driver, feel free to go to the website of the Law Offices of Jason S. Coomer.

Asbestos Exposure Lawsuits, Secondary Exposure Lawsuits, Asbestos Cancer Lawsuits, and Mesothelioma Lawsuits by Texas Mesothelioma Lawyer

2010-01-11T09:08:00.007-06:00

Information on Mesothelioma and Asbestos Exposure

Mesothelioma is a form of cancer caused by asbestos exposure in which malignant (cancerous) cells are found in the mesothelium. The mesothelium is a membrane that covers and protects most of the internal organs of the body. It is composed of two layers of cells: One layer immediately surrounds the organ; the other forms a sac around it. The mesothelium produces a lubricating fluid that is released between these layers, allowing moving organs.

Mesothelioma (cancer of the mesothelium) is a disease in which cells of the mesothelium become abnormal and divide without control or order. They can invade and damage nearby tissues and organs. Cancer cells can also metastasize (spread) from their original site to other parts of the body. Most cases of mesothelioma begin in the pleura or peritoneum. The pleura is the outer lining of the lungs and chest cavity. Mesothelioma may also occur in the peritoneum (the lining of the abdominal cavity), the pericardium (a sac that surrounds the heart), or the layer surrounding reproductive organs.

Most people who develop mesothelioma have inhaled asbestos particles either through occupational exposure or have been exposed to asbestos dust and fibre in other ways, such as by washing the clothes of a family member who worked with asbestos, or by home renovation using asbestos cement products. Unlike lung cancer, there is no association between mesothelioma and smoking.

Mesothelioma is a relatively rare form of cancer, but reported incidence rates have increased in the past 20 years. Incidence of malignant mesothelioma currently ranges from about 7 to 40 per 1,000,000 in industrialized Western nations, depending on the amount of asbestos products used in the society. The incidence is expected to continue increase in many parts of the world as asbestos products become more common. Mesothelioma occurs more often in men than in women and risk increases with age, but this disease can appear in either men or women at any age.

In the United States between 1939 and 1980, approximately 30 million people were occupationally exposed to asbestos in the United States. Between 1970 and 1990, there was a large increase in the diagnosis of pleural mesothelioma in asbestos workers and their families. Though many asbestos exposure mesothelioma cases have been misdiagnosed as adenocarcinoma of the lung or other diseases, it is clear that the incidence of mesothelioma increases with use of asbestos products.

In addition to mesothelioma, exposure to asbestos increases the risk of lung cancer, asbestosis (a noncancerous, chronic lung ailment), and other cancers, such as those of the larynx and kidney.

If someone you know has mesothelioma or other form of cancer related to Asbestos exposure it is important that they get the best medical care that they can find and that the source of their exposure is stopped. If you have any questions feel free to send an e-mail to Texas Asbestos Mesothelioma Lawyer, Jason Coomer.

Asbestos Secondary Exposure Lawsuits by Mesothelioma Secondary Exposure Lawyer

Many families in the 1950s, 1960s, and 1970s were supported by workers that were exposed to high levels of asbestos fibers. Many of these workers unknowingly brought asbestos fibers and asbestos dust home exposing their wives and families to toxic dust fibers that were inhaled. These secondary exposure claims are becoming more common along the Houston Ship Channel area as well as other industrial areas throughout the United States as more and more wives and widows of asbestos workers are now coming down with mesothelioma, asbestos cancer, and other asbestos diseases. If you are the spouse or family member of an asbestos worker and are experiencing severe symptoms including the following symptoms, you should be screened for asbestos diseases:

1) Shortness of breath, wheezing, or hoarseness.
2) A persistent cough that gets worse over time.
3) Blood in the sputum (fluid) coughed up.
4) Pain or tightening in the chest.
5) Difficulty swallowing.
6) Swelling of the neck or face.
7) Loss of appetite.
8) Weight loss.
9) Fatigue or anemia.
10) Fever, night sweat

Diagnosis of Mesothelioma

Diagnosing mesothelioma begins with a review of the patient's medical history to determine if the patient has had exposure to asbestos. A physical examination also performed, followed by chest X-ray and often lung function tests. The X-ray is used to determine if there is any pleural thickening that is commonly seen after asbestos exposure. If there is pleural thickening it increases suspicion of a diagnoses of mesothelioma.

A CAT scan or an MRI and cytology is then done to determine if a large amount of fluid and or abnormal cells are present. To study the pleural fluid a pleural tap or chest drain is done, in ascites with an paracentesis or ascitic drain and in a pericardial effusion with pericardiocentesis. If cytology is positive or a plaque is regarded as suspicious, a biopsy is needed to confirm a diagnosis of mesothelioma.

The biopsy is performed by a surgeon or a medical oncologist (a doctor who specializes in diagnosing and treating cancer). This surgeon or oncologist removes a sample of tissue for examination under a microscope by a pathologist. A biopsy may be done in different ways, depending on where the abnormal area is located. If the cancer is in the chest, the doctor may perform a thoracoscopy. In this procedure, the doctor makes a small cut through the chest wall and puts a thin, lighted tube called a thoracoscope into the chest between two ribs. Thoracoscopy allows the doctor to look inside the chest and obtain tissue samples. If the cancer is in the abdomen, the doctor may perform a peritoneoscopy. To obtain tissue for examination, the doctor makes a small opening in the abdomen and inserts a special instrument called a peritoneoscope into the abdominal cavity. If these procedures do not yield enough tissue, more extensive diagnostic surgery may be necessary.

If the diagnosis is mesothelioma, the doctor will want to learn the stage (or extent) of the disease. Staging involves more tests in a careful attempt to find out whether the cancer has spread and, if so, to which parts of the body. Knowing the stage of the disease helps the doctor plan treatment.

Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.

Other Asbestos Primary Exposure Worker & Construction Worker Claims

Today despite being better regulated over 1 million employees in construction and general industry face significant asbestos exposure on the job. Many of these exposures occur in the construction industry, particularly during the removal of asbestos products in the renovation or demolition process. Numerous construction workers are now dismantling many of the buildings and refineries that were built with asbestos products. These workers are often not given proper respiratory protection and sustain heavy primary exposure from the demolition of buildings that cause asbestos fibers to be knocked into the air. Many of these construction workers and abatement workers will have mesothelioma and other asbestos diseases in the future. Employees are also likely to be exposed during the manufacture of asbestos products (such as textiles, friction products, insulation, and other building materials) and during automotive brake and clutch repair work.

Asbestos Secondary Exposure is Still Occurring

The families and spouses of these hardworking construction workers that are tearing down asbestos filled buildings, refineries, and manufacturing plants are still receiving asbestos exposure from construction and demolition companies that do not take proper asbestos abatement procedures. Wives and children of these construction workers greet their hard working husbands and fathers at home and unknowingly receive exposure to high levels of asbestos fibers that can cause mesothelioma and asbestos diseases later in life.

Symptoms of Mesothelioma

Symptoms of mesothelioma can appear 20 to 50 years after exposure to asbestos. These symptoms include shortness of breath, chronic cough, coughing up blood, night sweats, and pain in the chest due to an accumulation of fluid in the pleural space are often symptoms of pleural mesothelioma. Symptoms of peritoneal mesothelioma include weight loss and cachexia, abdominal swelling and pain due to ascites (a buildup of fluid in the abdominal cavity). Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.

Mesothelioma can affect several areas of the body and can cause the following symptoms:

chest wall pain
pleural effusion, or fluid surrounding the lung
shortness of breath
fatigue or anemia
wheezing, hoarseness, or cough
blood in the sputum (fluid) coughed up
abdominal pain
ascites, or an abnormal buildup of fluid in the abdomen
a mass in the abdomen
problems with bowel function
weight loss
blood clots in the veins, which may cause thrombophlebitis
disseminated intravascular coagulation, a disorder causing severe bleeding in many body organs
jaundice, or yellowing of the eyes and skin
low blood sugar level
pleural effusion
pulmonary emboli, or blood clots in the arteries of the lungs
severe ascites

Shortness of breath and pain in the chest from accumulation of fluid in the pleura are often symptoms of pleural mesothelioma. Symptoms of peritoneal mesothelioma include weight loss and abdominal pain and swelling due to a buildup of fluid in the abdomen. Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the mesothelioma cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.

Many of the above symptoms may be caused by mesothelioma or by other, less serious conditions. It is important to see a doctor about any of these symptoms. Only a doctor can make a diagnosis. Please read below for information on the diagnosis of mesothelioma.

Mesothelioma Treatment

Treatment for mesothelioma vary depending on the location of the cancer, the stage of the disease, and the patient’s age and general health. Some of the more common treatment options include surgery, radiation therapy, chemotherapy, and drainage of fluid.

Surgery is a common treatment for mesothelioma. The doctor may remove abnormal or cancerous tissue and some of the tissue around it. For cancer of the pleura (pleural mesothelioma), a lung may be removed in an operation called a pneumonectomy. Radiation therapy, also called radiotherapy, involves the use of high-energy rays to kill cancer cells and shrink tumors. Radiation therapy affects the cancer cells only in the treated area. Chemotherapy is the use of drugs to kill cancer cells throughout the body.

To relieve symptoms and control pain, the doctor may use a needle or a thin tube to drain fluid that has built up in the chest or abdomen. The procedure for removing fluid from the chest is called thoracentesis. Removal of fluid from the abdomen is called paracentesis. Drugs may be given through a tube in the chest to prevent more fluid from accumulating. It is common to use surgery, radiation therapy, chemotherapy, and fluid drainage to relieve symptoms and treat mesothelioma.

Asbestos Cancer Lawsuits, Mesothelioma Lawsuits, and Mesothelioma Seconday Exposure Lawsuits handled by Texas Asbestos Lawyers and other Mesothelioma Lawyers

As a Texas Mesothelioma Lawyer, Jason Coomer commonly works with other Asbesto Mesothelioma Lawyers on cases throughout the United States. He handles mesothelioma lawsuits, asbestos cancer lawsuits, and asbestos exposure lawsuits including asbestos product dumping lawsuits, asbestos secondary exposure lawsuits, asbestos death lawsuits, asbestos premises liability lawsuits, asbestos negligence abatement lawsuits, asbestos non-subscriber lawsuits, and other asbestos exposure lawsuits that have caused mesothelioma or other asbestos cancer.

He has worked on a wide variety of asbestos cases and has had the opportunity to work with and against some excellent asbestos mesothelioma lawyers including Dallas Mesothelioma Lawyers, Houston Asbestos Mesothelioma Lawyers, San Antonio Mesothelioma Lawyers, and Austin Mesothelioma Lawyers. He prides himself on working hard for his clients.

For more information on this topic please go to the following webpage Asbestos Exposure Lawsuits, Asbestos Secondary Exposure Lawsuits, Asbestos Cancer Lawsuits, and Mesothelioma Lawsuits by Texas Asbestos Mesothelioma Lawyer Jason S. Coomer

Federal Spending, Government Fraud Lawsuits, Federal False Claims Lawsuits, False Certification Claims Lawsuits, and Qui Tam Lawsuits

2010-01-04T11:28:00.002-06:00

Federal Spending, Government Fraud Lawsuits, Federal False Claims Lawsuits, False Certification Claims Lawsuits, and Qui Tam Lawsuits

Over the past several years spending by the Federal government has increased substantially including Medicare and Health Care Spending, Defense Spending, Public Works Spending, Bailout Spending, Road Construction Spending, Local Government Spending, and Public Health Spending. For more information on Federal government spending, please go to the following web pages on Federal government spending Fedspending.org, Stimulus Plan, USASpending.gov, and Recovery.gov.

With the sharp increase in Federal Government Spending has come unethical wrongdoers, that have committed fraud, made false claims, and submitted false certifications in order to steal millions and even billions of dollars from the United States Government. To prevent theft and fraud, the government has recently enacted regulation that expands the Federal False Claims Act and expands protections for whistleblowers. This expansion of the Federal False Claims Act was intended to encourage whistleblowers to step forward and blow the whistle on fraud against the government to which they have specialized knowledge and are the original source. The expansion also provides new protections to protect whistleblowers from retaliation for filing false claims act claims.

Under the Federal False Claims Act, fraudulent or false claims by persons or corporations made for payment or approval by the United States Government can be the basis of relator qui tam claims in which the relator or whistleblower can obtain a portion of the money recovered by the government for exposing the fraud. Whistleblowers have successfully helped the United States Government recover Billions of Dollars for wrongdoers. Some common area of fraud against the United States Government include government contractors seeking payment for services not provided; government contractors over billing and double billing; health care providers seeking Medicare reimbursement for services not provided or upcoded services; Pharmaceutical companies seeking Medicare payments for off-label drugs, patent fraud, defective vaccine fraud, or poor quality goods; defense contractors seeking payment for poor quality products, defective weapons, or not provide services; road contractors falsely certifying services completed or hours worked; TARP recipients making false statements to obtain TARP funds; and subcontractors falsely certifying services or goods were provided when they were not.

Many other forms of fraud that can lead to successful qui tam claims also exist. The key is to obtain evidence of a fraudulent act or false certification that has been made for the purpose of obtaining money from the United States government. To be a successful qui tam claim the relator must be the original source with specialized knowledge of the fraud.

Federal False Claim Act Whistleblower Lawyers and Federal False Claims Act Fraud Lawsuits (Qui Tam Lawyers & Relator Claims)

If you are aware of Medicare Fraud, Defense Contractor Fraud, Stimulus Fraud, Government Contractor Fraud, or other government fraud and are the original source with special knowledge of fraud, it is important to step forward and become a whistleblower and an American Hero. For more information on specific types of Federal False Claims Act Whistleblower Lawsuits or False Certification Whistleblower Lawsuits feel free to go to the following web pages: Federal False Certification Whistleblower Lawsuits, Health Care Fraud lawsuit, Medicare and Medicaid Fraud Lawsuit, Defense Contract Fraud Lawsuit, and Government Fraud Lawsuits.

Texas Probate Law, Inheritance, and Out of State Relatives

2009-12-28T21:48:00.004-06:00

Texas Will Probate Lawyer and Texas Estate Lawyer for Out of State Relatives

Many families have spread out throughout the United States and around the World. For many families, gone is the time where several generations live with in a few miles of each other in the same town, city, or county. This disbursement of families throughout the United States and the World can make if difficult when a family member in Texas passes away.

For the family member that lives out of state and has never been through the Texas probate process, Texas Probate Law and Texas Probate Courts can be overwhelming. At a time when they want to grieve the loss of their loved one, they are forced to deal with difficult issues including:

1) Who should be in control of their loved ones' estate?
2) What needs to be done to have an administrator or executor appointed?
3) What is probate & non-probate property?
4) What should be done to protect estate property?
5) How does someone probate a Will?
6) How should estate property be transferred to beneficiaries? Can it be sold?

It is often helpful to speak with and hire a Texas probate lawyer to help take care of many of the probate issues. A Texas probate lawyer can help "out of town" relatives through the probate process and taking care of the ir loved ones' estate. This is extremely helpful when relatives and loved ones want to focus on the grieving process instead of learning Texas Probate Law and navigating Texas Probate Courts.

Locating Unclaimed Texas Wealth, Estate Assets, and Non-Probate Assets (Real Estate, Oil Interests, Bank Accounts, & Stock)

In addition to what is inherited, there is a significant amount of unclaimed wealth including bank accounts, houses, oil interests, safety deposit boxes, stocks, and other wealth that is forgotten about. In our modern society families don't always live close and some wealth is lost or forgotten. Death or incapacity is not always anticipated and many people will unfortunately loose track of stocks, bank accounts, oil interests, and other wealth. It is a good idea to keep a safety deposit box with an inventory of all your assets and have people that you trust that can get access to your safety deposit box should something happen to you.

It is also becoming more common for family members not living close to a recently deceased relative to not know how to handle a probate matter or have enough money to clear title to property. In these instances it is good to locate a local attorney that can assist in appraising an estate including real estate and houses to determine if it would be beneficial to probate an estate or to determine the most efficient method to clear title to property.

Locating Unclaimed Texas Wealth, Estate Assets, and Non-Probate Assets (Real Estate, Oil Interests, Bank Accounts, & Stock)

Austin Texas Inheritance Lawyer, Jason Coomer helps families evaluate the estates of their lost loved ones to determine if a full probate is necessary and if so if the probate is economically feasible.

Austin Texas Estate, Probate, and Inheritance Lawyer

Austin Texas Probate Lawyer Jason Coomer handles Texas Probate matters including probating Wills, helping Executors, drafting Wills, contesting Wills, filing Suits to Determine Rightful Heirs of property and estates, filing Small Estate Affidavits, filing Affidavits of Heirship, filing Applications for Guardianships, fighting Involuntary Guardianships, filing Guardianship Reports, filing breach of fiduciary duty claims, estate planning, and clearing title to property & assets.

Texas Will Contest Lawyer, Texas Will Probate Lawyer, and Texas Estate Lawyer Handles Probate and Estate Matters for Out of State Beneficiaries and Heirs as well as Grieving Loved Ones
(Texas Will Contest, Estate, and Probate Lawyer Jason Coomer)

Texas Will Contest, Will Probate, and Estate Lawyer Jason Coomer represents heirs, family members, and beneficiaries including those from out of state that need to have a Will probated, a Will contested, or an Estate taken through probate. He probates Wills and contests Wills in the Austin Area including Travis County, Williamson County, Bexar County, and Hays County as well as works with other Texas probate lawyers across Texas including Dallas, Houston, San Antonio, Fort Worth, Dallas County, Harris County, Fort Bend County, and Tarrant County.

For more information on this Austin Texas Estate Lawyer for an Austin Texas Will Probate or Travis County Estate Matter, feel free to go to the following web page, Austin Texas Will Probate and Estate Lawyer.

Off-Label Drug Marketing and Off-Label Pharmaceutical Marketing Medicare Fraud Lawsuits

2009-12-14T23:53:00.007-06:00

Off-Label Drug Marketing and Off-Label Pharmaceutical Marketing Medicare Fraud Lawsuits

Off-label marketing is the practice of pharmaceutical marketing professionals creating financial incentives and pressuring doctors to prescribe pharmaceuticals for an unapproved uses. In the United States, the Food and Drug Administration Center for Drug Evaluation and Research (CDER) reviews a company's New Drug Application (NDA) for data from clinical trials to see if the results support the drug for a specific use or indication. If satisfied that the drug is safe and effective, the drug's manufacturer and the FDA agree on specific language describing dosage, route of administration, and other information to be included on the drug's label. More detail is included in the drug's package insert.

Penalties for Off-Label Drug Marketing and Whistleblower Rewards for Stopping Off-Label Pharmaceutical Marketing

Pfizer has paid a total of $2.75 billion in off-label penalties since 2004 which is a little more than 1 percent of the company’s revenue of $245 billion from 2004 to 2008.

JUSTICE DEPARTMENT ANNOUNCES LARGEST HEALTH CARE FRAUD SETTLEMENT IN ITS HISTORY

Pfizer To Pay $2.3 Billion For Fraudulent Marketing

WASHINGTON – American pharmaceutical giant Pfizer Inc. and its subsidiary Pharmacia & Upjohn Company Inc. (hereinafter together “Pfizer”) have agreed to pay $2.3 billion, the largest health care fraud settlement in the history of the Department of Justice, to resolve criminal and civil liability arising from the illegal promotion of certain pharmaceutical products, the Justice Department announced today.

Pharmacia & Upjohn Company has agreed to plead guilty to a felony violation of the Food, Drug and Cosmetic Act for misbranding Bextra with the intent to defraud or mislead. Bextra is an anti-inflammatory drug that Pfizer pulled from the market in 2005. Under the provisions of the Food, Drug and Cosmetic Act, a company must specify the intended uses of a product in its new drug application to FDA. Once approved, the drug may not be marketed or promoted for so-called “off-label” uses – i.e., any use not specified in an application and approved by FDA. Pfizer promoted the sale of Bextra for several uses and dosages that the FDA specifically declined to approve due to safety concerns. The company will pay a criminal fine of $1.195 billion, the largest criminal fine ever imposed in the United States for any matter. Pharmacia & Upjohn will also forfeit $105 million, for a total criminal resolution of $1.3 billion.

In addition, Pfizer has agreed to pay $1 billion to resolve allegations under the civil False Claims Act that the company illegally promoted four drugs – Bextra; Geodon, an anti-psychotic drug; Zyvox, an antibiotic; and Lyrica, an anti-epileptic drug – and caused false claims to be submitted to government health care programs for uses that were not medically accepted indications and therefore not covered by those programs. The civil settlement also resolves allegations that Pfizer paid kickbacks to health care providers to induce them to prescribe these, as well as other, drugs. The federal share of the civil settlement is $668,514,830 and the state Medicaid share of the civil settlement is $331,485,170. This is the largest civil fraud settlement in history against a pharmaceutical company.

Pharmaceutical Marketing Executives, Drug Representatives, Lawyers, Hospital Administrators, Health Care Professionals, Accountants, Benefit Coordinators, Drug Representatives, Marketing Professionals, Physicians as Health Care Fraud and Qui Tam Whistleblowers Are Stepping Forward to File Health Care Billing Fraud Law Suits (Off-Label Pharmaceutical Whistleblower Qui Tam Law Suits)

Through Whistleblower Lawsuits, Qui Tam Lawsuits, and other Health Care Fraud Lawsuits, hundreds of billions of dollars have been recovered from individuals and organizations that have committed health care fraud and stolen large amounts of money from the government. It is extremely important that Whistleblowers continue to expose fraud schemes, off-label marketing schemes, illegal kickbacks, fraudulent billing practices and unnecessary treatments that cost hundreds of billions of dollars. For more information on this topic including Off-Label Drug Medicare Fraud Lawyers, go to the following web page Off-Label Pharmaceutical Medicare Fraud Whistleblower Lawsuits.

Reglan Tardive Dyskinesia Lawsuits and GERD Treatment Lawsuits

2009-12-13T12:36:00.003-06:00

Reglan Tardive Dyskinesia Neurological Disorder Lawsuits
(GERD and GER Drug Reaction Lawyer)

Tardive dyskinesia is a neurological disorder that exhibits itself through repetitive, involuntary, & purposeless movements like grimacing; tongue protrusion; lip smacking, puckering & pursing; and rapid eye blinking. Victims of tardive dyskinesia also can exhibit rapid & involuntary movements of the arms and legs. The neurological disorder can be caused by Reglan Tablets, Reglan Oral Disintegrating Tablets, Metoclopramide Oral Solution, and Reglan Injections.

Reglan Tardive Dyskinesia Lawsuits (GER and GERD Malpractice Lawsuits)

Gastroesophageal reflux disease (GERD) is a more serious form of gastroesophageal reflux (GER), which is common. GER occurs when the lower esophageal sphincter (LES) opens spontaneously, for varying periods of time, or does not close properly and stomach contents rise up into the esophagus. GER is also called acid reflux or acid regurgitation, because digestive juices—called acids—rise up with the food.

When acid reflux occurs, food or fluid can be tasted in the back of the mouth. When refluxed stomach acid touches the lining of the esophagus it may cause a burning sensation in the chest or throat called heartburn or acid indigestion. Occasional GER is common and does not necessarily mean one has GERD. Persistent reflux that occurs more than twice a week is considered GERD, and it can eventually lead to more serious health problems. People of all ages can have GERD.

An estimated two-thirds of all infants suffer from GER, though the pathological condition called GERD (gastroesophageal reflux disease) affects approximately only one in 300 babies.

FDA Requires Boxed Warning for Reglan and other Metoclopramide Containing Drugs (Tardive Dyskinesia GER and GERD Lawsuits)

On February 26, 2009, the U.S. Food and Drug Administration announced that manufacturers of metoclopramide, a drug used to treat gastrointestinal disorders, must add a boxed warning to their drug labels about the risk of its long-term or high-dose use. Chronic use of metoclopramide has been linked to tardive dyskinesia, which may include involuntary and repetitive movements of the body, even after the drugs are no longer taken.

Reglan Tardive Dyskinesia Neurological Disorder Lawsuits
(GERD and GER Drug Reaction Reglan Lawyer)

For more information on how the use of metoclopramide and Reglan have been linked to tardive dyskinesia and other causes of Tardive Dyskinesia, please go to the following website, Reglan Tardive Dyskinesia Lawsuits, Gastroenterologist malpractice Lawsuits, and GERD/GER Drug Reaction Neurological Disorder Lawsuits.

Neurontin Suicide Lawsuits, Gabapentin Off-Label Use Lawsuits and Neurontin Attempted Suicide Lawsuits

2009-12-12T21:40:00.005-06:00

Neurontin Suicide Lawsuits (Off-label Gabapentin Suicide Lawyer)

Gabapentin (brand name Neurontin) is a GABA analogue. It was originally developed for the treatment of epilepsy, but has been aggressively marketed for many off-label uses including to relieve pain, migraine headaches, neuropathic pain, nystagmus, Complex Regional Pain Syndrome, mood-stabilizing treatment for bipolar disorder, menopausal hot flashes, and idiopathic subjective tinnitus. The FDA has issued a warning of an increased risk of suicidal thoughts and behaviors in patients taking gabapentin.

Neurontin FDA Actions and Warnings (Gabapentin Suicide Lawsuits)

The U.S. Food and Drug Administration (FDA) has issued a warning of an increased risk of suicidal thoughts and behaviors in patients taking gabapentin. An independent analysis by the FDA showed that anticonvulsant drugs, including gabapentin, can increase suicidal thoughts in patients. The approved label for Neurontin now includes a warning about an increased risk of suicidal thoughts or actions and a guide to help patients understand this risk.

Off-Label Marketing Claims and Off-Label Marketing Lawsuits

It is estimated that over 90 percent of Pfizer's revenue from Neurontin which is in the billions of dollars is from off-label use.

FDA Requires Warnings about Risk of Suicidal Thoughts and Behavior for Antiepileptic Medications

The FDA's actions are based on the agency's review of 199 clinical trials of 11 antiepileptic drugs which showed that patients receiving antiepileptic drugs had almost twice the risk of suicidal behavior or thoughts (0.43 percent) compared to patients receiving a placebo (0.24 percent). This difference was about one additional case of suicidal thoughts or behaviors for every 500 patients treated with antiepileptic drugs instead of placebo.

Four of the patients who were randomized to receive one of the antiepileptic drugs committed suicide, whereas none of the patients in the placebo group did. Results were insufficient for any conclusion to be drawn about the drugs' effects on completed suicides. The biological reasons for the increase in the risk for suicidal thoughts and behavior observed in patients being treated with antiepileptic drugs are unknown.

The FDA alerted health care professionals in January 2008 that clinical trials of drugs to treat epilepsy showed increased risk of suicidal thoughts and actions. In July 2008, the FDA held a public meeting to discuss the data with a committee of independent advisors. At that meeting the committee agreed with the FDA's findings that there is an increased risk of suicidality with the analyzed antiepileptic drugs, and that appropriate warnings should extend to the whole class of medications. The panel also considered whether the drugs should be labeled with a boxed warning, the FDA's strongest warning. The advisers recommended against a boxed warning and instead recommended that a warning of a different type be added to the labeling and that a Medication Guide be developed.

Acting under the authorities of the Food and Drug Administration Amendments Act of 2007 (FDAAA), the FDA is requiring manufacturers of antiepileptic drugs to submit to the agency new labeling within 30 days, or provide a reason why they do not believe such labeling changes are necessary. In cases of non-compliance, FDAAA provides strict timelines for resolving the issue and allows the agency to initiate an enforcement action if necessary.

Neurontin Suicide Lawsuits, Gabapentin Attempted Suicide Lawsuits, and Neurontin Off-label Use Suicide Lawsuits

For more information on this topic, please go to the following web page on Neurontin Off-label Use Suicide and Attempted Suicide Lawsuits.

Texas Defective Home Lawsuits, Texas Lemon Home Lawsuits, Texas Negligent Builder Lawsuits, and Texas Construction Defect Lawsuits

2009-11-11T17:07:00.003-06:00

Texas Defect Home Lawsuits, Texas Construction Defect Lawsuits, and Texas Lemon Home Lawsuits (by a Texas Negligent Homebuilder Lawyer)

Building your dream home or purchasing a new home are dreams that many Texans have that unfortunately can turn into nightmares when a negligent homebuilder builds a house with a bad foundation causing the house to shift or fall apart, faulty wiring that causes a fire or an electrocution, or leaky plumbing that causes water to leak into the walls of the home causing water damage and mold problems.

Many Texas homebuilders have been protected for years through the TRCC and builder friendly laws, that have prevented Texas homeowners from filing suit against negligent homebuilders. Fortunately, changes in Texas law will finally allow some purchasers of faulty homes to seek compensation from negligent Texas homebuilders that have built faulty homes or lemon homes with significant construction defects.

Texas Defect Home Claims and Abolishment of the Texas Residential Construction Commission

Texas has recently decided to abolish the Texas Residential Construction Commission also known as the Builder Protection Act. This Commission was created by Texas homebuilders to protect them from liability from construction defects and other negligent construction homebuilding techniques.

The Commission was primarily made up of building industry insiders and was made a necessary step to go through prior to being able to file suit against a Texas Builder. This step is no longer necessary and the TRCC now recommends that consumers that have defective homes, contact a Texas construction defect lawyer if they are having trouble with a negligent home builder.

"What happens if I discover a defect on or after September 1, 2009, and the commission no longer accepts inspection requests?" TRCC Website

Contact your builder. If your builder does not respond satisfactorily, you may want to contact an attorney to discuss your legal options. You can also complain to the Attorney General’s Consumer Complaint Division, Federal Trade Commission, your local County or District Attorney or to your local Better Business Bureau." TRCC Website

"Will a court recognize the statutory warranties and commission-adopted performance standards, even if the commission no longer exists?" TRCC Website

For contracts executed before September 1, 2009, or work commenced before that date, courts will consider the law in effect at that time. So, if Title 16 was still in effect when the parties signed a contract for new home construction or transferred title on new home construction, the statutory warranties created by Title 16 and the commission–adopted performance standards still apply. TRCC Website

Furthermore, if the parties agree in their contract to the terms of the applicable warranties and performance standards, a court will rely on the terms of the contract to determine if those warranties and performance standards apply, including if the parties have agreed to apply the statutory warranties and commission-adopted performance standards. TRCC Website

Please note that Texas courts have not had a chance to review the legal effect of the Sunset Act on Title 16. Therefore, a court may decide that the language in the Government Code Section 325.017 does not cause the statutory warranties and commission-adopted performance standards to expire until August 31, 2010. Therefore, the safest course of action is for the parties to agree to written warranties and performance standards that are at least as stringent as the statutory warranties and commission-adopted performance standards until August 31, 2010. That way, if a court should decide that Title 16 provisions are still in effect until August 31, 2010, the contract will be in compliance with the law. TRCC Website

Traps for the First Time Home Buyer (Texas Faulty Foundations, Plumbing Leaks, & Faulty Wiring Lawyer)

First time home buyers are especially vulnerable to toxic or defective homes. First time home buyer often have to rely more on the expertise of a real estate agent or builder and can often get caught by a real estate agent or a builder that is more interested than a commission or making a profit than helping a buyer get a good home.

Many first time home buyers can get caught up in the emotions of buying their first home and do not understand that it is important to research the builder that they are buying from and to have an experienced home inspector inspect their potential new home for any major construction problems. These construction problems often are hidden by the negligent builder, but an experienced home inspector combined with researching a builder can often uncover most major construction defects.

If you have been sold a home where the builder or seller has failed to disclose significant problems or even worse has painted over or hidden significant problems with the house, you may have a cause of action against the builder, seller and/or the real estate agents involved in the transaction.

Texas Defective Home Lawsuits, Texas Lemon Home Lawsuits, Texas Negligent Builder Lawsuits, and Texas Construction Defect Lawsuits (Texas Faulty Foundations, Plumbing Leaks, & Faulty Wiring Lawyer)

The recent decision to abolish the Texas Residential Construction Commission (the Builder Protection Act) will finally allow consumers to seek compensation through Texas defective home lawsuits against negligent Texas homebuilders for building lemon homes with poor faulty foundations, faulty wiring causing fire hazards, plumbing leaks causing mold infestations & water intrusion problems, and other construction defect claims.

For the last several years Texas homebuilders were able to avoid liability for building defective homes with major construction defects by creating the TRCC which prevented consumers including first time home buyers from seeking compensation through Texas courts.

Texas Defective Home Lawyer, Texas Lemon Home Lawyer, Texas Negligent Builder Lawyer, and Texas Construction Defect Lawyer (Texas Faulty Foundations, Plumbing Leaks, & Faulty Wiring Lawsuits)

For more information on Texas Defective Home Lawsuits or from a Texas Defective Home Lawyer, feel free to go to the following web page Texas Negligent Homebuilder Lawye and Texas Defective Home Lawsuits.

YAZ and Yasmin Birth Control Medication Lawsuits

2009-10-29T08:05:00.002-05:00

Birth Control Medication Lawsuits (Yaz, Yasmin, and Ocella Birth Control Drug Lawsuits)

Yaz, Yasmin, and Ocella Birth Control Medications Contain Drospirenone (DRSP) that has been Associated with Serious Health Risks

YAZ Marketing Campaign Created Annual Revenues of over $600 Million, but Overstated Drug Benefits and Understated Drug Dangers

The FDA has found that Bayer's marketing campaign that was directed at young women for the birth control drug, YAZ, was misleading. The misleading marketing campaign allowed YAZ to become the best-selling oral contraception pill in the United States with annual sales revenue of over $600 million in 2008, but understated the birth control medications' health risks.

Through the efforts of the FDA and several states' Attorney Generals, the manufacturer and marketer of the oral contraceptive YAZ was required to run a $20 million advertising campaign for the purpose of correcting previous YAZ marketing statements and will be required to submit all future YAZ ads for the next six (6) years to the FDA for screening.

The YAZ ads allegedly overstated the pill's ability to improve women’s moods and clear up acne, while not fully warning of the drug's potential serious side effect health risks including Death, Deep Vein Thrombosis (DVT), Pulmonary Embolism (PE), Strokes, Heart Attacks, Gallbladder Disease, and other health problems.

Recent FDA and Attorney Generals Take Action to Correct the YAZ Marketing Campaign Making Sure Bayer Does Not Understate Drug Dangers and Risks

In October 2008, the FDA took action against Bayer sending a warning letter to Bayer saying that two television ads overstated the drug’s benefits while understating its risks. The FDA warning letter stated that two 60 second direct to consumer broadcast television advertisements entitled "Not Gonna Take it" and "Balloons" submitted by Bayer HealthCare Pharmaceuticals, Inc. were "misleading because they broaden the drug's indication, overstate the efficacy of YAZ, and minimize serious risks associated with the use of the drug". Further, that these televisions advertisements "misbrand the drug in violation of the Federal Food, Drug, and Cosmetic Act".

The FDA had approved YAZ as a birth control pill that has a side benefit in treating a very specific mood-related psychological problem called "premenstrual dysphoric disorder" and improving moderate acne, however, Bayer overstated the drug's efficacy and minimized its potential dangers.

FDA Action against Yasmin for Minimizing Health Risks in 2003 Suggests Bayer May Have Had Prior Knowledge of Misleading Marketing that Minimized YAZ Health Risks

The contraceptive medication, YAZ, closely resembles another birth control medication, Yasmin. Both drugs contain contain ethinyl estradiol and the "fourth generation" progestin drospirenone (DRSP). Yasmin has been the subject of a similar FDA warning letter in 2003 that warned the manufacturer and marketer that their marketing advertisements were understating potential health risks and overstating the benefits of the birth control medication. At that time Yasmin was manufactured and marketed by Berlex Laboratories.

In 2006, Bayer HealthCare Pharmaceuticals, Inc. acquired Berlex Laboratories. Bayer now markets both oral contraceptives, YAZ and Yasmin which had sales of about $1.8 Billion in 2008.

Health Risks Related to the Oral Birth Control Mediations
Yaz, Yasmin, and Ocella

YAZ, Yasmin, and Ocella contain drospirenone (DRSP), a synthetic progestational compound that can cause serious side effects and has been associated with serious health problems including formation of dangerous blood clots, strokes, pulmonary embolisms (PE), gallbladder disease, deep vein thrombosis (DVT), heart attacks, and sudden death. Yaz and Yasmin are combined oral contraceptive (COC) pills that contain ethinylestradiol (EE) and drospirenone (DRSP). Both have been linked to blood clots and cardiovascular events as well as other serious health risks.

While it has long been known that taking a combined oral contraceptive (COC) pill with a combination of estrogen and a progestin hormone can increase the risk of stroke and blood clots in the legs and lungs, the health risks of newer synthetic should have been deceptively marketed as having less health risks with other benefits that the contraceptives do not have.

In October 2008, the Food and Drug Administration (FDA), concerned with the improper advertising of the YAZ/Yasmin/Ocella birth control drugs, issued a warning letter to the Bayer Corporation to cease unlawful promotion. Also, women who have taken these popular oral contraceptives reported serious side effects, including blood clots, stroke, gallbladder complications and heart attack as a result of taking the drugs.

It is thought that these birth control medications contain hormones the effect cholesterol metabolism and excretion into the gallbladder thereby affecting the cholesterol concentration and crystallization of bile acids in the secretions leading to gall stones as well as can lead to clots, strokes, or heart attacks.

For more information on YAZ/Yasmin/Ocella birth control drug Lawsuits, please go to the following YAZ Yasmin Ocella Lawsuit Website.

Medicaid and Medicare Upcoding & Fraud Whistleblower Lawsuits

2009-10-06T17:27:00.003-05:00

Medicaid and Medicare Upcoding and Fraud Whistleblower Lawsuits (Upcoding Qui Tam Claims, Mischarging for Services Claims, Double Billing Qui Tam Claims, Illegal Kickback Qui Tam Claims, & Other Medical Service Provider Fraud Claims)

Healthcare fraud costs taxpayers an estimated $100 billion each year. Illegal Kickbacks, Upcoding, Double Billing, False Coding, and fraudulent mischarging of health care services are just a few ways that fraudulent medical providers are able to defraud Medicare, Tricare, the Veterans' Administration (VA), and other government services out of billions of dollars. Heroes including health care administrators, doctors, nurses, and therapists are stepping forward and blowing the whistle on Tricare, the Veterans' Administration (VA), and Medicare billing fraud including manipulation of outlier payments to Medicare, kickbacks, upcoding, or bill padding. If you are a healthcare professional that is aware of fraud, please become a Tricare, Veterans' Administration (VA), Medicaid, or Medicare Whistleblower.

Health Care Fraud Upcoding Whistleblower Law Suits (Medicare, VA, and Tricare Upcoding Qui Tam Whistleblower Claims)

Upcoding occurs when a medical service provider intentionally and fraudulently upcodes services to obtain a higher reimbursement than one that is entitled to for the service that was actually provided. In both the Medicare and Medicaid systems a set of billing codes is used by healthcare providers to bill for services. These codes are known as the Healthcare Common Procedure Coding System (HCPCS). A service provider that intentionally uses a higher paying code to fraudulently reflect that a more expensive procedure or device was involved in the patient’s treatment than actually was used or was necessary. A pattern of intentional upcoding treatment can result in large profits for the healthcare provider, but also cost taxpayers millions of dollars.

Upcoding fraud is typically hard to catch without the help of persons with inside information because that Healthcare Common Procedure Coding System (HCPCS) codes are billed electronically and can easily slip through the system. Therefore unless the upcoding is caught through a random audit (approximately 2% of the claims per year are audited), it is up to insiders, informants, heroes, and health care professionals to catch fraudulent upcoding.

Another type of coding fraud is “unbundling”, where bundled related procedures or composite lab tests are run together, but billed separately by the lab or healthcare provider to obtain more compensation. These types of billing fraud also allow healthcare providers and labs to make higher profits by bilking Medicare, Medicaid, and taxpayers out of millions of dollars. These unbundling fraud schemes are also hard to detect without someone that is familiar with the codes and billing.

Qui Tam Whistleblower Plaintiffs have received over $1 Billion in Awards of the over $12 Billion in Recoveries for Exposing Fraud Against the United States Government (Qui Tam Plaintiff Whistleblower Claims)

Medicaid, Tricare, Veterans Administration, Hospice, and Medicare Whistleblowers that provide original source information of schemes to fraudulently take money from our United States government including upcoding, double billing, bill padding, unbundling, and charging for services never provided may recover a portion of the proceeds recovered on the government's behalf. Since 1986, relators have recovered over $1 billion for helping expose fraud against the United States government.

Below is an excerpt from the False Claims Act explaining what types of awards qui tam whistleblowers may recover for being the "original source" of information that is used to successfully expose fraud against Medicaid, Tricare, Veterans Administration, Hospice, Medicare, or another subdivision of the United States Government and recover money from the parties committing the fraud.

(d) AWARD TO QUI TAM PLAINTIFF

(1) If the Government proceeds with an action brought by a person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government [General] Accounting Office report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.

(2) If the Government does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.

Since amendments were made to the Federal False Claims Act in 1986, citizens that have filed suits on behalf of the federal government against government contractors that have participated in defrauding the government have regained over $12 Billion for taxpayers as well as have collected over $1 Billion in qui tam whistleblower awards.

Government Contractor Fraud Qui Tam Whistleblower Lawsuit Information (False Claims Act Whistleblower Qui Tam Action Information)

For more information on Medicare Fraud, Tricare Fraud, Medicaid Fraud, Defense Contractor Fraud, Off Label Fraud, Road Construction Fraud, and other types of False Claims Act Whistleblower Claims, please go to the Qui Tam, Whistleblower, and Federal Federal False Claims Act Information Center or the following webpage on Medicaid and Medicare Upcoding & Fraud Whistleblower Lawsuits (Upcoding Qui Tam Claims, Mischarging for Services Claims, Double Billing Qui Tam Claims, Illegal Kickback Qui Tam Claims, & Other Medical Service Provider Fraud Claims) .

Texas Birth Injury, Small Child Injury, and Birth Defect Lawsuits

2009-10-06T17:13:00.003-05:00

Texas Birth Injury Lawsuits, Texas Primary Pulmonary Hypertension PPH Lawsuits, Texas Infant Traumatic Injury Lawsuits, and Texas Small Child Traumatic Injury Lawsuits (Birth Injury and Birth Defect Lawsuits)

Avoidable birth injuries, birth defects, fatal accidents, and traumatic injuries are some of the most devastating problems that can occur to a parent, family, and/or a small child. Parents and family who should be celebrating the life of their new child, are often caught off guard when their child is taken from them, born with severe disabilities, or suffers significant injuries in an avoidable accident. After a death, accident, or discovery of a birth defect, the family is often busy taking care of the child with the serious health problems or grieving their loss, and often does not have the time or energy to seek compensation from or battle the party or parties that caused the death, birth defect or accident.

Texas Birth Injury Hypoxia Brain Damage Lawsuits
(Causes of Hypoxia During Birth)

Several types of accidents and negligent actions can cause an unborn child to suffer hypoxia resulting in a brain injury during the birthing process including a difficult labor, unreasonable delay in performing a C-section, delay in delivering an extremely large baby, gestational diabetes in the mother, failure to properly and timely resuscitate the baby, maternal or fetal bleeding complications, excessive administration of Pitocin, and placenta previa. It is important during any birth to have medical professionals that are able to protect the safety of the mother and child by not allowing any of these factors to become a problem. If problems arise and these difficulties occur during the birth of your child and the child sustains a brain injury, you may want to contact a Texas Birth Injury Lawyer with the skill and dedication to help you get the compensation.

Texas Medication Birth Defect Lawsuits

Several medications, products, and drugs have been linked to birth defects. Some of these medication and products have ample warnings that warn pregnant women to avoid taking these products while they are pregnant, however, some manufacturers have hidden the real dangers of their product in order to sell more of their product and value profits over healthy babies. For these manufacturers, they may have short term profits, but over the long term they will suffer for the long term birth defects that they have caused.

Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs)
Birth Defect Claims and PPH and PPHN Lawsuits

Some medications that have been linked to birth defects include Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs). Women that have taken SSRIs after the 20th week of pregnancy have a 6-fold increased risk of their child developing persistent pulmonary hypertension, a life-threatening lung disorder. Infants with persistent pulmonary hypertension have abnormal blood flow through the heart and lungs and do not get enough oxygen to their bodies and may become very sick or die. The SSRIs antidepressants that have been linked to persistent pulmonary hypertension (PPHN) include Paxil by GlaxoSmithKline, Zoloft marketed by Pfizer; Prozac sold by Eli Lilly; Celexa and Lexapro by Forest Laboratories, Effexor marketed by Wyeth, Luvox by Solvay, and the generic makers of these drugs include Barr Pharmaceuticals, Ranbaxy Labs and Genpharm.

Lamictal Birth Defect Claims

Lamictal is a drug used to treat bipolar episodes and the most serious forms of epileptic seizures. Unfortunately, there is now an association between pregnant women taking Lamictal in there first three months of pregnancy and their children being born with a cleft palate or lip.

Cerebral Palsy Medical Negligence Lawsuits, Texas Medical Negligence Lawsuits, and Federal Tort Claims Act Negligence Lawsuits

"Cerebral" refers to the brain and "palsy" to muscle weakness/poor control. Cerebral palsy itself is not progressive, but is a developmental problem that can occur during fetal development, the birthing process, or infancy. Once a child has cerebral palsy, the child will not get worse over time, however, conditions such as muscle spasticity can develop which may get better or worse over time. Although cerebral palsy is not "curable", training and therapy treatments can help improve function.

The term "cerebral palsy" refers to any one of a number of neurological disorders that appear in infancy or early childhood and permanently affect body movement and muscle coordination. Even though cerebral palsy affects muscle movement, it isn’t caused by problems in the muscles or nerves. It is caused by abnormalities or damage in parts of the brain that control muscle movements. The majority of children with cerebral palsy are born with it, although it may not be detected until months or years later. The early signs of cerebral palsy usually appear before a child reaches 3 years of age. The most common symptoms are a lack of muscle coordination when performing voluntary movements (ataxia); stiff or tight muscles and exaggerated reflexes (spasticity); walking with one foot or leg dragging; walking on the toes, a crouched gait, or a “scissored” gait; and muscle tone that is either too stiff or too floppy. A small number of children have cerebral palsy as the result of brain damage in the first few months or years of life, brain infections such as bacterial meningitis or viral encephalitis, or head injury from a motor vehicle accident, a fall, or child abuse.

Cerebral Palsy usually occurs during fetal development, but can occur before, during, or shortly after birth; or during infancy. The faulty development or damage to motor areas in the brain disrupts the brain's ability to adequately control movement and posture. Symptoms of Cerebral Palsy can range in severity. Medical mistakes during the labor and delivery process are to blame for thousands of children with Cerebral Palsy. Unfortunately, many parents don't realize that their healthcare provider might be to blame for their child's Cerebral Palsy.

Causes of Serious Brain Injuries and Brain Damage (Traumatic Brain Damage Lawsuits)

Serious brain injuries can occur through traumatic impact to the head caused by an automobile accident, serious fall, falling object, construction accident, accidental gun shot, boating accident, or a vicious attack. Severe trauma to the head can cause the brain to move inside the skull and injure the brain. The skull typically protects the brain from injury, but because the inside of the skull is rough a traumatic event that causes the brain to move or to swell inside the skull can cause the brain to press up against the skull and cause serious brain damage.

Texas Infant Brain Injury, Child Head Injury, and Hypoxia (Medication Interaction, Carbon Monoxide, and Drowning Victim) Lawyer

Brain injuries including Hypoxia can be caused by several factors including a traumatic injury, lack of oxygen, drowning, carbon monoxide poisoning, smoke inhalation, or drug interactions. If you or a loved one have suffered a serious brain injury or brain damage, the most important thing you can do is to find a good medical doctor to assess the injury so you know what you are dealing with and how to best treat the injury.

Federal Tort Medical Malpractice Claims Act, Product Liability, Traumatic Injury, and Texas Medical Negligence Birth Defect Lawsuits

Federal Tort Claims Act Medical Negligence Lawsuits, SSRI Antidepressant PPH Product Liability Lawsuits, Texas Traumatic Injury to an Infant, and Texas Medical Malpractice Birth Defect Lawsuits are some of the most complicated types of cases in the practice of law. For more information on these types of cases, please go to the following webpage on Texas Birth Injury, Texas Small Child Injury Lawsuits, and Texas Birth Defect Lawsuits.

Texas Business Tort Lawsuits, Breach of Contract Lawsuits, & Breach of Fiduciary Duty Lawsuits

2009-09-25T14:12:00.001-05:00

Businesses are the driving force of the United States and Texas economies, and employ millions of Americans and Texans. These businesses face many legal and illegal challenges including fierce competition from other businesses that sometimes use unfair business practices as well as dishonest officers, partners, owners, and employees that breach fiduciary duties. From business torts such as fraud, theft of trade secrets, & misrepresentation lawsuits to breach of contract lawsuits, it is important to have a good Texas business litigation lawyer representing your business and protecting your business assets.

Texas Theft of Trade Secrets Lawsuits and Texas Breach of Fiduciary Duty Lawsuits

Officers and employees that wrongfully steal intellectual property including theft of trade secrets, customer lists, patents, and copyrights can be held liable by Texas courts for breach of fiduciary duty, conversion, fraud, and other business torts. As the intellectual property owned by a business becomes more valuable and easier to steal through technology, it is increasingly important for businesses to protect their intellectual property as well as to make an example of officers, business partners, independent contractors, and employees that steal intellectual property.

In moving forward on a Texas Breach of Fiduciary Duty Lawsuit against a former corporate officer or a Texas Theft of Trade Secrets Lawsuit against a former employee and their new company, it is important to have an experienced Texas business litigation lawyer or Texas business tort litigation team that is able to review and prosecute your Texas Theft of Trade Secret Lawsuit, Texas Breach of Fiduciary Duty Lawsuit or other Texas Business Tort Lawsuit.

Texas Negligent Misrepresentation Lawsuits and Texas Fraudulent Misrepresentation Lawsuits

Texas has business tort laws against both fraudulent and negligent misrepresentation that can be brought against businesses and individuals that make false statements that cause significant damages. Under Texas negligent misrepresentation law, a business or individual "who, in the course of his business, profession or employment, or in any transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, may be subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information." described by the Restatement (Second) of Torts Sec. 522. See Federal Land Bank Ass’n of Tyler v. Sloane, 825 S.W.2d 439, 442 (Tex. 1991).

In moving forward on a Texas Fraudulent or Negligent Misrepresentation Lawsuit against a corporation, partnership, limited liability company, professional corporation, individual, or other business, it is important to gather evidence of the misrepresentation and to have an experienced Texas business misrepresentation lawyer or business tort litigation team that is able to review and prosecute your Texas Fraudulent or Negligent Misrepresentation Lawsuit.

Texas Intentional Interference with a Business Contract Lawsuits and
Texas Unfair Business Competition Lawsuits

Unfair business competition actions arise when a business uses unfair business practices to damage another business or put them out of business. Examples of unfair business competition occur when a competing business intentionally steals trade secrets, releases false press releases, uses short term predatory pricing, demands exclusive contracts from suppliers, forces lenders to call in loans, steals business, or spreads false information in the business community to damage another business or put the business out of business. Because of the size of many small business, losing a major contract, having a supplier stop providing supplies, having a lender call in a loans, or one false press release can cause significant damage and even bankruptcy for the small business.

Texas Business Tort Lawsuits, Texas Business Tort Arbitrations, Texas Breach of Contract Lawsuits, Texas Decepetive Trade Practice Act Lawsuits, and Texas Unfair Business Competition Lawsuits

Texas Business Tort Lawsuits and Texas Business Tort Arbitrations are forms of commercial litigation that require specialized knowledge of not only the law, but an understanding of the businesses and parties involved in the commercial litigation. For more information on Texas Theft of Trade Secret Lawsuits, Texas Misrepresentation Lawsuits, Texas Unfair Competition Lawsuits, and other Texas Business Tort or Breach of Contract Lawsuits click on this link.

Texas Truck Accident Investigation Lawyer

2009-09-10T13:12:00.003-05:00

Truck Collision Investigation and Commercial Vehicle Accident Investigation Information (Fatal Crash and Catastrophic Injury Accident Investigations)

After a fatal truck accident or serious injury commercial vehicle collision, an efficient and effective investigation can create advantages in the preservation of key evidence and information that can win a large verdict in a law suit or result in an early and large settlement of an insurance claim. For this reason, it is important to have professionals working for you that understand how to investigate a serious accident and preserve key evidence that can prove liability or damages.

Investigation at the Scene of the Accident

Immediately after an accident, the trucking company and their insurance company are typically in route to the accident scene to collect evidence that will help them avoid paying or limit the amount that they pay for any deaths or injuries that were caused by the accident. These individuals will be taking photos and video of key evidence that will help absolve their client of liability as well as attempting to take recorded statements of key witnesses in an attempt to lock in crucial testimony from witnesses.

Even though law enforcement professionals also investigate serious wrecks, their primary purposes at the accident scene is to get people to safety, protect people from other traffic, and to clear the accident scene for traffic to resume to move and flow. Sometimes these law enforcement professionals do an excellent job of accident investigation and can easily determine the cause of the collision or accident. At other times, they do incomplete interviews; accept the story of one or more biased witnesses; are influenced by the trucking company or insurance company's representatives; or are too busy getting the survivors of the collision to safety, clearing the debris & vehicles, dealing with tow truck drivers, and directing traffic to properly investigate the scene of an accident.

If possible, it is typically useful to have your own experienced accident investigator at the scene of the accident to observe the accident scene; take photographs and video of the debris, vehicles, & skid marks; and make a list of all potential witnesses with contact information. Whether this person is a family member, friend, truck accident lawyer, off duty police officer, or other competent person that you can trust, it is often important to have someone that can properly investigate the accident scene as close to the time of the accident as possible. For the experienced accident investigator, it is useful to have working cameras, measuring tape, a reflective vest, business cards, tape recorder, and a note book or device to take names, addresses and other information.

The experienced accident investigator will carefully search for not only obvious skid marks, drop offs, crush damage, and contact points, but also for inconspicuous clues such as damage to all vehicles, damage to guard rails, scuffs, scratches, and dried liquids. Carefully documenting and measuring this crucial evidence can be extremely important in proving liability in a fatal collision or catastrophic injury accident case.

Preserving Accident Wreckage and Electronic "Black Box" Data Recorders (Spoliation of Evidence)

After a fatal automobile accident or catastrophic injury truck wreck, a preservation letter is often needed to make sure that trucking companies and insurance companies do not destroy or get rid of crucial evidence that can prove fault in a truck accident or commercial vehicle collision. This letter/notice should have language regarding spoliation of evidence and instruct the potentially at fault parties to preserve all relevant information concerning the accident.

The trucking companies and truck drivers often try to get their vehicle away from the accident scene as soon as possible and try to repair any damage to the vehicle before a proper investigation can take place. This is because they can often hide evidence of maintenance problems, vehicle defects, and driver error by working on the vehicle after a fatal collision or catastrophic injury accident.

It is also important to be able to examine the passenger vehicle wreckage and all other vehicles that were involved in the accident. Each vehicle can contain key evidence in determining how a fatal wreck or catastrophic injury collision occurred.

The electronic "black box" data recorder is typically a crucial piece of evidence in any commercial vehicle accident. This is because most modern commercial vehicles with a heavy-duty diesel engine are equipped with an Electronic Control Module (ECM)/Engine Control Unit (ECU) that controls and monitors most of an engine's operations. This "diesel engine electronic brain" may contain important accident information such as engine RPMs just prior to the accident, vehicle speed at the time of and just prior to the collision, brake application prior to impact, throttle position, and clutch application. This information can be crucial in determining how the accident occurred and if driver error or maintenance problems were a proximate cause of the collision.

These recorders are not always turned on by trucking companies and truck drivers as many do not want evidence of their driving habits or safety violations prior to a potential accident. The data recorders also can be easily overwritten and crucial information can be lost. It is usually best to obtain the electronic "black box" recorder at the scene of the accident because the mere act of driving the truck to another location can erase the information stored in the recorder. Though it is not always possible to obtain the data recorder at the scene of the accident, it is important to request it and have a record of the request as soon as possible after the accident.

In addition to the black box information in large commercial trucks, most passenger vehicles have a black box data recorder that is typically referred to as the electronic data recorder (EDR). By the year 2012, all vehicles will be required to have an electronic data recorder.

In passenger vehicles the electronic data recorder is typically the airbag control module that is designed to analyze the collision, determine if airbag deployment is needed, and then to deploy the airbags. If the electronic data recorder has additional energy it will record additional information regarding the collision. To retrieve information stored in an electronic data recorder, accident reconstructionists use Crash Data Retrieval (CDR).

Obtaining and Preserving Documents (Spoliation of Evidence)

Like preserving wreckage and data recorders, it is important to make sure that crucial documents are preserved and obtained from all vehicle owners and drivers involved in the collision. Documents including key maintenance records, driver logs, communications with drivers, delivery schedules, driving records, police reports, witness statements, photographs, driver safety training materials, truck owner's and operator's manual, accident investigations, and medical records can all provide crucial information regarding the cause of a truck collision.

Therefore, after a fatal accident or catastrophic injury accident, a preservation letter is often needed to preserve crucial documents that can prove fault in a truck accident or commercial vehicle collision. A letter/notice should have language regarding spoliation of evidence and instruct the potentially at fault parties to preserve all relevant documents and information concerning the accident.

Truck Accident Investigation Lawyer, Catastrophic Injury Accident Investigations, and Fatal Collision Accident Investigations

If you have suffered catastrophic injuries or have had a loved one killed in a truck wreck or other commercial vehicle accident, it is important to make sure that a thorough investigation of the fatal truck accident or catastrophic injury collision is done. It is also typically a good idea to obtain excellent legal representation from an experienced Truck Wreck Investigation Lawyer to protect you or your loved one's rights and to make sure that an investigation as to the cause of the collision is done correctly.

For more information on Interstate Truck Accidents, Fatal Commercial Vehicle Collisions, and other Commercial Vehicle Wrecks, feel free to go to the following web site, Truck Collision and 18 Wheeler Accident Information and Investigation Center.

Medicare Fraud, Tricare Fraud, Hospice Fraud, and other Health Care Fraud Qui Tam Whistleblower Actions

2009-09-06T21:45:00.006-05:00

Health Care Fraud Whistleblower Actions (Medicare Fraud Qui Tam Claims, Tricare Fraud Qui Tam Claims, Medicaid Fraud Qui Tam Claims, and other Fraud Law Suits)

Hospital administrators, nursing home administrators, doctors, coders, benefit coordinators, nurses, chief financial officers, and other health care professionals have been stepping up and blowing the whistle on health care fraud that costs taxpayers about $100 billion each year including Medicare fraud, Tricare fraud, Hospice fraud, and other types of fraud. These health care fraud whistleblowers are American Heroes that have knowledge of false and illegal billing practices, and have had the strength & integrity to file Qui Tam Whistleblower Actions. The result of these health care professionals has been recovery of hundreds of millions of dollars that have been stolen from Medicare, Tricare, and Medicaid as well as improvements in preventing future health care fraud which helps all Americans.

Medicare Fraud, Tricare Fraud, Nursing Home Fraud, Hospice Fraud, and other Health Care Fraud in the News (Whistleblowers and Government Agents Strike Back Against Health Care Fraud)

The Department of Justice has been cracking down on Fraud and False Claims including Medicare Fraud, Tricare Fraud, Nursing Home Fraud, Hospice Fraud, and other Health Care Fraud. Below is an update on recent Department of Justice recoveries.

Pfizer to pay record $2.3B penalty over promotions Repeat offender Pfizer paying record $2.3B settlement for illegal drug promotions By Devlin Barrett, Associated Press Writer On Wednesday September 2, 2009, 3:47 pm EDT

"WASHINGTON (AP) -- Federal prosecutors hit Pfizer Inc. with a record-breaking $2.3 billion in fines Wednesday and called the world's largest drug maker a repeating corporate cheat for illegal drug promotions that plied doctors with free golf, massages, and resort junkets."

Announcing the penalty as a warning to all drug manufacturers, Justice Department officials said the overall settlement is the largest ever paid by a drug company for alleged violations of federal drug rules, and the $1.2 billion criminal fine is the largest ever in any U.S. criminal case. The total includes $1 billion in civil penalties and a $100 million criminal forfeiture.

More Than $1 Billion Recovered by Justice Department in Fraud and False Claims in Fiscal Year 2008

WASHINGTON – The United States secured $1.34 billion in settlements and judgments in the fiscal year ending Sept. 30, 2008, pursuing allegations of fraud against the federal government, the Justice Department announced today. This brings total recoveries since 1986, when Congress substantially strengthened the civil False Claims Act, to more than $21 billion.

"Now, more than ever, it is crucial that taxpayer dollars aren't lost to fraud," said Gregory G. Katsas, Assistant Attorney General for the Department’s Civil Division. "The billion dollars collected this year is only part of the story. By rooting out fraud and vigorously pursuing it, the Department, with the help of concerned citizens who report fraud in hotline calls and in qui tam complaints, undoubtedly saves the country many times that amount in aborted schemes and misconduct."

$361.5 million from Merck & Company to resolve allegations that the pharmaceutical manufacturer knowingly failed to pay proper rebates to Medicaid and other government health care programs, and paid kickbacks to health care providers to induce them to prescribe the company’s products. The settlement resulted from two lawsuits brought under the qui tam provisions of the False Claims Act.

Medicare Fraud, Tricare Fraud, Nursing Home Fraud, Hospice Fraud, and other Health Care Fraud in the News (Whistle Blowers and Government Agents Strike Back Against Health Care Fraud)

Health care fraud Whistleblowers, federal agents, and other American heroes have been striking back against Medicare Fraud, Tricare Fraud, Nursing Home Fraud, Hospice Fraud, and other Health Care Fraud. Below are some recent stories in the news regarding health care fraud and qui tam claims.

Dozens Arrested In Medicare Fraud Busts Across US digg Share this on Facebook Huffpost - Dozens Arrested In Medicare Fraud Busts Across US

KELLI KENNEDY | 07/29/09 10:31 PM | AP

"MIAMI — Federal authorities arrested more than 30 suspects, including doctors, and were seeking others in a major Medicare fraud bust Wednesday in New York, Louisiana, Boston and Houston, targeting scams such as "arthritis kits" – expensive braces that many patients never used.

More than 200 agents worked on the $16 million bust that included 12 search warrants at health care businesses and homes across the Houston area, where the bulk of the arrests were made.

Federal authorities say those businesses were giving patients "arthritis kits," which were nothing more than expensive orthotics that included knee and shoulder braces and heating pads. Patients told authorities they were unnecessary and many never even received them. But health care clinic owners billed between $3,000 to $4,000 for each kit.

Houston's other scam involved billing Medicare for thousands of dollars worth of liquid food like Ensure for patients who can't eat solid food. Authorities said clinic owners never distributed the food to patients. In some cases, clinic owners billed patients who were dead when they allegedly received the items.

It's the third major sweep since Attorney General Eric Holder, Health and Human Services Secretary Kathleen Sebelius announced in May they were adding millions of dollars and dozens of agents to combat a problem that costs the U.S. billions each year.

HOSPICE FRAUD NETS MULTIMILLION DOLLAR RECOVERY

"SouthernCare Inc. and its shareholders have agreed to pay the United States a total of $24.7 million to settle allegations that the Birmingham, Ala.-based company submitted false claims to the government for patients treated at its hospice facilities, the Justice Department announced today. SouthernCare operates approximately 99 locations that provide hospice services in 15 states."

“The Medicare hospice benefit is intended to provide compassionate end of life care to terminally ill patients,” said Gregory G. Katsas, Assistant Attorney General of the Civil Division. “This settlement sends a clear message that the Department of Justice will not allow health care providers to take advantage of beneficiaries in their attempts to game the reimbursement system.”

This settlement results from two qui tam suits filed by two former SouthernCare employees on behalf of the United States. The False Claims Act authorizes private parties to file suit against those who defraud the United States and to receive a share of any recovery. The United States will pay $4.9 million to the individuals who filed the actions against SouthernCare.

HEALTH CARE FRAUD CASE NETS RECOVERY OF $1.7 BILLION

HCA Inc. (formerly known as Columbia/HCA and HCA - The Healthcare Company) and HCA subsidiaries agreed to pay the United States over $1.7 Billion including $631 million in 2003 for civil penalties and damages arising from false claims the government alleged it submitted to Medicare and other federal health programs. In 2000, HCA subsidiaries pled guilty to substantial criminal conduct and paid more than $840 million in criminal fines, civil restitution and penalties. HCA will paid an additional $250 million to resolve overpayment claims arising from certain of its cost reporting practices. In total, the government will have recovered $1.7 billion from HCA.

Blowing the Whistle on Those that Commit Fraud Against the United States Government, First to File Provisions of the Federal False Claims Act, and Preserving Relator Rights to Share in Recovery of Funds (Qui Tam Medicare Fraud, Hospice Fraud, Nursing Home Fraud, Tricare Fraud, and other Health Care Fraud Claims)

If you are a Health Care Administrator, Hospital Administrator, Nursing Home Administrator, Doctor, Coder, Benefit Coordinator, Nurse, Chief Financial Officer, or other health care professional that has knowledge and evidence of a Health Care Provider, Hospice Provider, Nursing Home, Hospital, Medical Supply Company, or other health care contractor or subcontractor that is defrauding Tricare, Medicare, or the United States Government out of millions or billions of dollars, it is important to gather evidence of the fraud and blow the whistle on the fraud.

In blowing the whistle on health care fraud, Medicare fraud, Tricare fraud, VA fraud, or other fraud against the government, it is typically best to contact a Medicare Fraud, Tricare Fraud, and Hospice Fraud Qui Tam Whistleblower Claim Lawyer like Jason S. Coomer and the firms that he works with to help investigate the fraud and pull together a disclosure and complaint to file.

For information on this Qui Tam Whistleblower Medicare Fraud, Tricare Fraud, and Hospice Fraud Claims, go to FederalGovernmentContractorFraud.com

Federal False Claims Act Amendments by False Claims Act Whistleblower Lawyer

2009-08-04T18:00:00.002-05:00

Qui Tam Federal False Claims Act Whistleblower Lawsuits through the Federal False Claims Act allow whistleblowers to seek compensation on the government's behalf from companies and people that have defrauded taxpayers out of government money. With the sharp increase in Federal Government Spending has come the need to expand the Federal False Claims Act to prevent unethical wrongdoers from making false claims and false certifications to the government in order to steal millions and even billions of dollars from the United States Government.

American Recovery and Reinvestment Act of 2009 (February 2009)

In February 2009, the American Recovery and Reinvestment Act of 2009 was signed into law which includes significant new whistleblower provisions. Section 1553 of the Act prohibits any private employer or state or local government that receives any funds pursuant to the Act from retaliating against an employee who discloses, internally or externally, information that the employee reasonably believes constitutes evidence of one or more of a number of specified improper uses of stimulus funds, including gross mismanagement of an agency contract or grant, gross waste of covered funds, or an abuse of authority related to the implementation or use of covered funds. Section 1553 establishes procedures and damage remedies that are similar in some ways to those with which many employers are familiar under Section 806 of the Sarbanes-Oxley Act ("SOX"), but its whistleblower provisions go beyond the whistleblower protections of SOX in several respects.

Fraud Enforcement and Recovery Act of 2009 (May 2009)

In May 2009, the Fraud Enforcement and Recovery Act of 2009 was signed into law which makes important amendments to the country's most important tool for fighting fraud, the False Claims Act. This new Federal False Claim Act Legislation will protect hundreds of billions spent on government programs from fraud and government waste and expand the ability of whistleblowers to collect compensation.

This Act amends the False Claims Act to: (1) expand liability under such Act for making false or fraudulent claims to the federal government; and (2) apply liability under such Act for presenting a false or fraudulent claim for payment or approval (currently limited to such a claim presented to an officer or employee of the federal government). Requires persons who violate such Act to reimburse the federal government for the costs of a civil action to recover penalties or damages. The Act also modifies and expands provisions of the False Claims Act relating to intervention by the federal government in civil actions for false claims, sharing of information by the Attorney General with a claimant, retaliatory relief, and service upon state or local authorities in sealed cases.

The Act also redefines "claim" to include claims submitted "to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government's behalf or to advance a Government program or interest." This language makes explicit the ability of Government and whistleblowers to pursue subcontractors and grantees. This expansion will create potential liability to health care providers and other businesses that contract with government programs including Medicaid and Medicare.

The Act also redefines "obligation" to include "an established duty, whether or not fixed," arising from a variety of relationships, and specifically includes obligations "arising from statute or regulation, or from the retention of any overpayment." This change allows the government and whistleblower to pursue violations of regulatory statutes with penalty provisions as False Claims Act Case and pursue false documents which are "material to an obligation to pay or transmit money...to the Government" regardless of whether a false claim has been submitted. For example, a government contractor who backdates records to support a claim already submitted could be liable under this expansion.

The Act also expand the anti-retaliation provisions from only employees to include "contractors and agents" who "act to stop one or more violations." This expanded protection could extend to contractors in government-funded managed care plans who take action to stop false reporting or illegal denial of service by the plan.

These expansions to the Federal False Claims Act should increase the number of Federal False Claims Act Lawsuits and allow the Federal Government to crack down on fraud and wasteful spending as well as recoup money that has been fraudulently obtained.

The Fraud Enforcement and Recovery Act also expands federal fraud laws to encompass independent mortgage companies, which are not currently covered by antifraud statutes that apply to traditional banks. Such independent mortgage companies originated approximately half of all subprime loans in 2005 and 2006. The bill defines a financial institution that will be covered by the fraud statutes as any business that finances or refinances mortgages. The Act expands the mortgage-related violations that are subject to both criminal and civil punishments. Additionally, the legislation makes it a crime to appraise a property falsely, an effort to prevent the purposeful inflation of home value appraisals that contributed to the housing bubble and the resulting housing crisis.

The Fraud Enforcement and Recovery Act strengthens protections against attempts to defraud the federal government, particularly through the Troubled Asset Relief Program and the economic stimulus package; expands the financial instruments that are covered by the securities fraud statute; and clarifies a money laundering statute. The Act provides $490 billion in spending for investigation and prosecution of mortgage fraud, securities fraud, and fraud cases involving federal economic assistance.

Federal False Claims Act and Qui Tam Lawsuits

For more information on the amended Federal False Claims Act or Qui Tam Federal False Claims Act Whistleblower lawsuits including the text of the amended Federal False Claims Act, please go to the following web page on Federal False Claims Act Amendments by Federal False Claims Act Whistleblower Lawyer, Jason Coomer.

Defense Contractor False Certification Claim Lawsuits

2009-06-15T16:57:00.003-05:00

Common Types of Defense Contractor Fraud and False Certifications that Lead to False Claims Act Lawsuits

Defense contractor fraud is a common way that government contractors defraud the United States Government and taxpayers out of large amounts of money. Many whistle blowers have been successful in blowing the whistle on fraudulent defense contractors to reveal fraud schemes that put our troops in danger and steal money from the United States. Under False Claims Act litigation billions of dollars are regained from these fraudulent defense contractors. Some common ways defense contractors cheat the government are False Certification of Product Quality, Product Substitution, Cross Charging, False Certification of Services Provided, Charging for Services or Goods not provided, and Violations of the Truth-in-Negotiations Act ("TINA"), and Improper Cost Allocation.

False Certification of Product Quality commonly occurs after a product has been approved for mass production. The original prototypes of a product are typically created with high quality materials and parts including strong metals, seals, plastics, and components. However, after the original prototypes have been tested and approved, some defense contractors use inferior parts and materials to lower costs that make weapons, ships, vehicles, computers, electronics, and other military goods less reliable, weaker, and more prone to not work when needed. The defense contractor that provides a false certification of a product's quality has committed a false certification that may subject the defense contractor to a False Certification of Product Quality False Claims Act Law Suit.

The Defense of Department often requires its contractors to build weapons systems in accordance with very detailed product specifications because quality and reliability are critical with weapons systems and other military equipment. Failure to comply with these specifications and falsely certifying that these specifications were met can cause death and place our troops in danger. As such it is extremely important that appropriate quality assurance steps are taken in building or producing weapons systems and other military equipment and that a defense contractor's certification of compliance with these specifications can be trusted.

Similar to False Certification of Product Quality Qui Tam Claims are Product Substitution False Claims. These claims occur when a Defense Contractor that is under a government contract that specifies that the defense contractor build products using a certain grade, quality of parts, or materials & parts from American companies, fails to comply with the contract. These Defense Contractors often decide it is more profitable to use or substitute inferior parts or parts not made by American companies. Defense Contractors that use inferior parts or parts not made by American Companies as required by their government contract may be subject to a Product Substitution False Claim Act Law Suit.

Cross-Charging occurs when a Defense Contractor has a fixed-price contract, where the company receives a fixed price for a certain number of weapons no matter how much it costs to produce them and another that is a "cost-plus" contract, where the government pays the company for the cost of making the weapons, plus a percentage of its costs as a profit. In this circumstance the Defense Contractor has an economic incentive to charge the time it spends working on the fixed-price contract (where it gets paid the same no matter how much time it takes) to the cost-plus contract (where it gets paid for its costs plus profit). This may be accomplished by instructing employees to write down on their time cards that they worked on the cost-plus contract when they actually worked on the fixed-price contract. A Defense Contractor that charges fixed price work on a cost-plus contract is creating false claims or false certifications that may subject them to a Cross-Charging False Claims Act Law Suit.

Improper cost allocation false claims are a more subtle version of the cross-charging scheme. In this type of false claim, a defense contractor with government contracts and private commercial contracts fails to spread or allocate their costs fairly among the different jobs. These types of false claims are typically more difficult to detect as the defense contract usually tries to hide the misallocation in indirect costs or bury the misallocations in hard to interpret records. These improper allocation false claims are more common in large contracts where the product has military uses and private uses such as with large aircraft companies. Defense Contractors that deliberately allocate a disproportionate share of indirect or overhead costs to the government for the purpose on increasing there profits may cause themselves to be subject to Improper Allocation False Claims Law Suits, if the correct whistle blower reports the fraud.

When the government wants to purchase highly specialized weapons, military services, or other military equipment, it often is limited to one potential defense contractor because of the specialized need. This limited supply often creates monopoly power in the "sole-source supplier". This creates a problem in making sure that the sole-source supplier does not over charge the government for the good or services that it is supplying to the government. The Truth In Negotiation Act (TINA) requires the Defense Contractor to truthfully disclose all relevant information about its costs to the government in sole-source contract negotiations. Defense Contractors that submit false cost and pricing data to the Defense Department or failure of a sole-source Defense Contractor to provide accurate cost information to intentionally inflate costs to increase profits can cause liability for a violation of the Truth In Negotiation Act and result in a Truth In Negotiation Act Violation False Claims Act Law Suit.

Qui Tam Defense Contractor False Certification Claim Lawsuits, Defense Contractor Fraud Lawsuit Lawyers, and Other Qui Tam Claim Lawsuits

For more information on Qui Tam Claim Lawsuits and Qui Tam False Certification Lawyers, click on the following links: defense contractor false certification claim lawsuits, health care provider claim lawsuits, financial institute claim lawsuits, or other large contractor or subcontractor claim lawsuits.

Unlawful Medicare and Medicaid Referrals Under Stark Statute

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In 1989, the United States Congress enacted the Stark statute which made it illegal for physicians to make self-referrals and prevented physicians from referring Medicare or Medicaid patients for certain designated health services to any entity with which the physician has a financial interest. The purpose of this law was to remove economic incentives that may encourage some physicians to make self-referrals or to refer certain designated health services to entities in which the physician has a financial interest, instead of referrals based on a patient's health and well being.

Stark Violation Claims and Stark Violation Lawsuits

Stark violations occur when a physician (as defined by Medicare) unlawfully refers Medicare or Medicaid patients to an entity in which the physician or the physician's immediate family has a financial interest. In these situations the physician is usually making these referrals for the purpose of the physician's own financial gain and is not working in the best interest of their patients. Repeated violations of the Stark Statute can create substantial wealth for self referring doctors and can cost tax payers millions, tens of millions, or even hundreds of millions of dollars. These violations can also be hard to detect by the government and patients. For this reason it is often health care administrators, hospital administrators, benefit coordinators, accountants, and other health care professionals that are able to discover fraudulent referral practices and blow the whistle on the unlawful practice.

Violations of the Stark Statute can result in both criminal and civil penalties for the self referring doctor as well as others benefiting from the fraudulent referral practices. Whistle blowers that properly blow the whistle on these unlawful referrals can not only regain large amounts of money for the United States government, saving tax payers millions of dollars that the physician and/or the entity have taken from the federal government, but the whistle blower can also collect a percentage of this recovery as compensation for bringing a Federal False Claim Act lawsuit that reveals these fraudulent referral practices.

The History and Evolution of the Stark Statute

The Stark Statute is named after California Representative Pete Stark who authored this legislation to prevent fraudulent referral practices that compromised the health of patients, cost the government billions of dollars, and made unethical doctors rich at the expense of patients and taxpayers. Congressman Pete Stark first proposed the Federal physician anti self-referral law in 1988, and what became known as "Stark I" was enacted by the Congress in 1989. At the same time Congress overhauled Medicare's physician payment program and adopted the Resource-Based Relative Value Scale (RBRVS) which is a system used to determine how much money medical providers should be paid by Medicare. The Stark I law initially applied only to clinical laboratory services and became effective with the Medicare fee schedule on January 1, 1992. The Health Care Financing Administration proposed implementing regulations for Stark I in March of 1992, and these rules were finalized on August 14, 1995. They have been codified at 42 C.F.R. 411.350 et seq.

In 1993, Medicare and Medicaid amendments were enacted by Congress that significantly expanded the Stark law to cover a long list of designated health services in addition to clinical lab services. These amendments added the referral prohibition to additional designated health services including: inpatient and outpatient hospital services; physical therapy; occupational therapy; radiology; radiation therapy (services and supplies); durable medical equipment and supplies; parenteral and enteral nutrients (equipment and supplies); prosthetics, orthotics and prosthetic devices and supplies; outpatient prescription drugs; and home health services. These amendments, which became effective January 1, 1995, became known as "Stark II."

Medicare and Medicaid Referral Violation Law Suits
(Qui Tam Law Suits)

Through Whistle Blower Lawsuits, Qui Tam Lawsuits, and other Health Care Fraud Lawsuits, hundreds of billions of dollars have been recovered from individuals and organizations that have committed health care fraud and stolen large amounts of money from the government. For more information on Stark Statute Violations and Medicare or Medicaid Referral Violation Law Suit, please go to the following web page on Medicare and Medicaid Referral Fraud Stark Violation Law Suits.