"Ask a Lawyer" - Xarelto

I was prescribed Xarelto to prevent strokes in October 2013. Because of Xarelto, I required hospitalization for severe bleeding. I understand there is a lawsuit I can join.  How do I make a claim?  Joanne, Jasper 

Joanne, we are actively representing clients who took Xarelto and developed bleeding issues.  Call us at 205-387-7777 and we can file a claim for you immediately.  Claims need to be filed quickly because time is running out.  Let me explain what experts believe is causing the problems.

What is Xarelto?

Xarelto was introduced three years ago, claiming it could change the quality of people’s lives that need to take blood-thinning medication daily.  It was touted as a superior alternative to Coumadin (warfarin). Coumadin has been the go-to medicine for prevention of strokes for the past 60 years. All blood thinners have a side effect of an increased risk of bleeding problems.  However, Xarelto has been linked to an increasing number of adverse event reports involving uncontrollable bleeding injuries.

Xarelto Uncontrollable Bleeding Allegations

Drug manufacturers failed to warn about dangerous side effects that caused uncontrollable bleeding that resulted in hospitalizations, the need for blood transfusions and in severe cases, death.  Severe injuries and deaths could have been averted if the pharmaceutical companies had not provided misleading information about blood monitoring, or if stronger warnings had been provided about the lack of a Xarelto reversal agent or antidote.

Xarelto: No Antidote

Unlike Coumadin (warfarin) that required constant blood monitoring, Xarelto was touted as a revolutionary product that was a once-a-day blood thinner that did not burden the patient with constant monitoring. Xarelto claimed that it is easier to use, since it does not require regular blood monitoring. Medical experts, however, insist that Xarelto blood monitoring actually helps doctors identify patients at the greatest risk of bleeding.

Coumadin bleeds can be quickly reversed in an emergency with vitamin K or blood transfusions. However, there is no approved bleeding antidote for patients using Xarelto, and many of the bleeding side effects have resulted in catastrophic outcomes after doctors were unable to control Xarelto bleeds.

Your family doctor is not to blame:

Your doctor prescribed an FDA-approved drug that was reasonable given your illness and your general health. He or she used all of the information available to prescribe the right medication to treat your condition.  However, the pharmaceutical company knew about the potentially fatal side effects and failed to tell your doctor about the risks. In this type of situation it is the pharmaceutical company, not your doctor, who is legally responsible for your injuries. 

Call 205-387-7777

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Please send the questions to:
Ask the Attorney
P. O. Box 2309, Jasper, AL 35502

205-387-7777
or email to bob@nelsonbryanjones.com

No representation is made that the quality of legal services to be performed is greater than the quality legal services performed by other lawyers.

"Ask a Lawyer" - Two SSD Questions

If I am approved for Social Security Disability, how much back pay will I get?   Frederick S., Jasper

Because the Social Security Administration takes so long to process disability claims, most people who are approved for disability are owed back payments. In addition, if you are approved for Social Security disability benefits (SSDI), you can get retroactive payments from the time you first became disabled, even if you applied for disability much later. Back pay and retroactive benefits can mean thousands of dollars for successful disability applicants.

If I am approved for Social Security Disability, will my children get benefits? Wendy M., Jasper

Under certain circumstances Social Security will provide benefits to your children if you become disabled. Social Security considers biological children, adopted children, or dependent stepchildren to be children of the disabled individual.

A child may receive benefits if they are unmarried and younger than 18 years old. Unmarried children who are 18 years old or older may receive benefits in two circumstances: (1) the child is under 19 years old and enrolled full time as a student in a secondary school; or (2) the child is disabled and the disability occurred before the child turned 22 years old.

If you have grandchildren or step-grandchildren that you are raising, they may be eligible to receive SSDI benefits the same as your child would. Grandchildren may receive benefits if:

·       Their biological parents are deceased or disabled

·       You provide regular support to the grandchild

·       The grandchildren have lived with you for the 12 months before they became eligible for SSDI or, if under 12 months old, they have lived with you for substantially their entire lives, and

·       You provide at last half of their financial support.

How much your child receives in benefits depends upon how much money you receive as a SSDI benefit. Generally, your child will receive up to 50% of your total SSDI benefit. There is a maximum amount that a family can receive based on one disabled individual’s benefits. The family limit is usually 150% - 180% of the total SSDI benefit awarded to the disabled individual. If your family would receive above that percentage, each individual receiving a benefit (with the exclusion of the disabled individual) will have their percentage of benefit lowered proportionally until the total benefit is below the percentage limit.

Generally, children will receive dependent SSDI benefits until they reach the age of 18 years old. If your child is a full-time student, the benefit will end when they graduate from or leave secondary school or two months after they turn 19, whichever happens first.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Please send the questions to:
Ask the Attorney
P. O. Box 2309, Jasper, AL 35502

205-387-7777
or email to bob@nelsonbryanjones.com

No representation is made that the quality of legal services to be performed is greater than the quality legal services performed by other lawyers.

"Ask a Lawyer" - Defective Hip Replacements

I had hip replacement surgery about 4 years ago in Birmingham.  A metal hip was put in and now I am hearing on TV that metal hips may be defective.  What do I need to do?    Vivian T., Jasper, AL

Hip replacements are usually very successful.  As we age, we all want to remain physically active, even when our natural bodies may start to wear out.  As a result, more than 285,000 total hip replacements are performed each year.

An artificial hip includes two parts, a cup and a ball. Originally, one part was made of metal and the other of plastic. About 10 years ago, manufacturers came out with a model that used metal on both sides. Soon, these “sturdier” devices accounted for about one-third of all hip replacements.

Artificial hips, made from metal and plastic, typically last about 15 years. But the metal-on-metal replacements are failing much sooner. Plus, they are “shedding” metallic debris that damages tissue and bone and leads to symptoms like skin rashes, neurological changes such as hearing and vision impairment, and psychological problems like depression. Patients with these metal-on-metal implants have also been found to have high levels of metal ions in their blood stream. This is evident from the microscopic particles escaping into the body.

An estimated 500,000 patients in the United States have received metal-on-metal hips from a variety of manufacturers. This is one of the biggest medical device failures in recent decades. With all of this new information, metal-on-metal devices are now used in only about five percent of hip replacement procedures.

In May 2011, the U.S. Food and Drug Administration ordered a post-market surveillance study on metal-on-metal hip replacements to see if they were shedding high levels of metallic debris. In January 2013, the FDA proposed that companies making metal-on-metal artificial hip joints produce medical evidence demonstrating their safety in order to stay on the market. Any new devices of this type will require human clinical evidence before they are approved.

Patients who already have a metal-on-metal hip must decide what to do. About 93,000 patients received a model manufactured by the DePuy division of Johnson & Johnson.  It was recalled in mid-2010. An internal analysis conducted by the company following this recall estimates that the all-metal device would fail within five years in nearly 40 percent of patients who received it. The company did not release this information, but it became public in early 2013 as a court document.

If you have this specific type of metal-on-metal hip replacement implant, you should regularly see your doctor for a routine evaluation of the hip joint. There are specific recommendations for patients with this implant about what tests and monitoring should be done and if further surgery should be considered.

At Nelson, Bryan and Jones, we are actively representing many people who have had metal hip replacements like you.  There are settlement options that may become available very soon.  Most people who have metal hips will need an attorney to help them navigate through a very complex claims process.  Please give us a call if you would like to talk further about your legal remedies. 

Please send the questions to:
Ask the Attorney
P. O. Box 2309, Jasper, AL 35502

205-387-7777
or email to bob@nelsonbryanjones.com

No representation is made that the quality of legal services to be performed is greater than the quality legal services performed by other lawyers.

FIFTH Verdict Against Actos for Causing Bladder Cancer

CALL Nelson, Bryan & Jones today (205-387-7777) if you or a loved one have been diagnosed with cancer after taking Actos or a generic form of Actos

(Bloomberg) -- Takeda Pharmaceutical Co. was ordered by a jury Thursday to pay more than $2.3 million in damages for Actos diabetes drug causing  bladder cancer.

Jurors in Philadelphia deliberated more than eight hours over two days before finding that Takeda failed to properly warn John Kristufek’s doctors about Actos’s cancer risks.

The panel concluded Kristufek deserved more than $300,000 for his medical expenses and $2 million for pain and suffering tied to the cancer diagnosis, his lawyers said.

The jury also said Takeda showed “reckless indifference” to Kristufek’s health by hiding Actos’ risks, a finding that opens up the drugmaker to a potential punitive award. The panel will consider Friday whether to award those damages.

Kristufek is the fifth Actos patient to convince a jury that Takeda’s former top-selling drug causes bladder cancer. Last year, a federal jury in Louisiana ordered Takeda and Eli Lilly & Co., which at one time sold Actos in the U.S., to pay $9 billion to a shopkeeper who blamed his cancer on the drug. That award was cut to $36.8 million.

“Given the number of trial losses Takeda has suffered over Actos, the company should seriously consider negotiating some sort of global settlement,” said Carl Tobias, who teaches product-liability law at the University of Richmond in Virginia. “They still face thousands of lawsuits over this drug.”

Actos has generated more than $16 billion in sales since its 1999 release, according to court filings. Sales peaked in the year ended in March 2011 at $4.5 billion, 27 percent of Takeda’s revenue at the time, according to data compiled by Bloomberg. Takeda now faces generic competition from Ranbaxy Laboratories Ltd. over the diabetes drug.

Kristufek and other former Actos users argue Takeda executives ignored or downplayed concerns about the drug’s cancer-causing potential before it went on sale in the U.S. in 1999 and misled U.S. regulators about the medicine’s risks.

Juries in California and Maryland in 2013 ordered Takeda to pay a combined $8.2 million in damages over the handling of the drug.

Last year, a Philadelphia jury awarded more than $2 million in damages to a retired accountant who blamed her bladder cancer on Actos.

"Ask a Lawyer" - Class Action Notices in the Mail?

We received a lengthy question about Class Action lawsuits and the notices we all receive in the mail that tell us we may be eligible for a settlement.  This week we address what to do with these notices and what to do you if think you have a legal issue that might be a good class action.

A class action lawsuit is an action in which a large group of people file suit for similar grievances. These are often consumers with similar complaints resulting from a defective product or unfair business practice, or employee groups who face similar injustices relating to their job. The lawsuit is filed on behalf of everyone in the class. To be part of a class action, the plaintiff must show that his or her experience with the defendant is similar to that of other people in the class. Plaintiffs must also show that the evidence against the defendants is similar for everyone in the class and that individual lawsuits against the company would not be an efficient use of the court's time, nor would it be cost-effective.

How is a class action different from a mass tort or an ordinary lawsuit?
In a mass tort, a defendant is sued by a large group of people, but those people  retain their individual lawsuit rather than becoming part of a "class." An attorney can represent multiple injured parties in their individual cases and plaintiff's lawyers can share information. Defective drug lawsuits are often mass torts because plaintiffs may have suffered different damages from the drug—for example a person taking a drug may have suffered a fatal heart attack while another suffered a minor stroke—and based on their different injuries, their awards would likely be different.

Can I use my own lawyer in the class action lawsuit?

Yes—if you “opt out” of the class in writing as the claim notice directs.  If you join the class—or do not “opt out” of it—then you will be represented as part of the class and lose the option to file an individual lawsuit.

Is my complaint too small (financially) for a class action?

It depends on how many other people were harmed. For example, if you lost $100 to improper billing by a company, that is probably too small for you to go to court over. However, if 1,000 people suffered the same damage, that is $1,000,000 and would make a class action lawsuit worthwhile.

I don't understand my Class Action Notice of Proposed Settlement—what am I supposed to do with it? Where do I go for help?

Your Class Action Notice of Proposed Settlement will list a Claims Administrator—and usually a toll-free phone number or website address where you can find information about the class action lawsuit and the terms of the proposed settlement.

I submitted a claim for a class action settlement, but haven't heard anything since. Why is it taking so long? I thought I'd have a check in the mail by now.
Because a class action lawsuit typically involves hundreds or thousands of claimants, it can take several months for settlement funds to be dispersed.

Does my complaint affect enough people to make a class action worthwhile?
It's difficult to know until you contact a lawyer to discuss your legal options. With some drugs and medical devices, lawyers have a good idea from the outset of how many people are affected. If you have a complaint against a company, your best bet is to discuss your options with a lawyer.  The most common types of cases involving a “class” are Consumer Protection Class Actions, brought against those who violate laws that protecting consumer rights, such as scams, false or misleading advertising, faulty services, contract violations, or inadequate disclosure of contract terms. These include actions brought against insurance companies, telephone/internet providers, loan providers, banking and credit card companies, and manufactures of defective products.

The attorneys at Nelson, Bryan & Jones represent claimants in Class Action litigation.  Give us a call for a free consultation or if you have any questions about claim forms you receive.  We would be happy to help.

Please send the questions to:
Ask the Attorney
P. O. Box 2309, Jasper, AL 35502

205-387-7777
or email to Bob@NelsonBryanJones.com

No representation is made that the quality of legal services to be performed is greater than the quality legal services performed by other lawyers.

"Ask a Lawyer" - Overtime Pay

My employer is constantly requiring us the work “off the clock” and not paying us overtime.  What should I do? Emily K., Boldo

Wage and hour laws like the Fair Labor Standards Act (FLSA) are designed to protect employees and ensure that they receive an honest day’s wage for an honest day’s work. One area of the law that sometimes comes into dispute is overtime. The FLSA requires that employers pay time-and-a-half for overtime for the majority of employees. If you believe that your employer has not been paying you for your overtime, you should take the following steps:

 

Step One: Gather Information

First and foremost, you need to establish that you are a nonexempt employee. FLSA and other labor laws break employees into two categories: exempt and nonexempt. Employers are not required to pay overtime pay for exempt employees, such as outside sales representatives. However, the majority of employees are nonexempt, meaning that employers are required to pay overtime when an employee works more than 40 hours a week.

You should also collect and document information about your hours. Documentation is the crux of wage and hour lawsuits. Gather timesheets and make notes about any off-the-clock hours you’ve worked.

 

Step Two: Talk to Your Employer

After assembling your documentation, you should approach your employer. If you work for a larger company, you should go to your human resources (HR) department. Your HR department should verify the discrepancy.

Step Three: Consult a Lawyer

If your employer disputes the discrepancy, you should consult a wage and hour attorney as your next step. A lawyer can help you work out the details and explain your rights to you. Keep in mind that you have a two-year statute of limitations. This means that you can only wait two years to file a wage and hour lawsuit for lost wages.

What to Expect

Wage and hour lawsuits can be individual lawsuits or a wage and hour class action lawsuit, in which you and a group of other employees file a wage and hour lawsuit against the same employer.  In most situations, a lawyer’s demand letter may be sufficient to get the overtime money, but other cases may require going to court to resolve the matter. A lawyer’s advice and guidance could be useful at every step of the process, regardless of what steps are ultimately necessary in your exact situation.

Nelson, Bryan & Jones regularly represents clients in FLSA cases.  Give us a call if you have any questions.  Initial consultations are always free.

Nelson, Bryan and Jones represent clients in the following areas:

Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Black Lung, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Please send questions to:
Ask the Attorney
P. O. Box 2309, Jasper, AL 35502

205-387-7777

No representation is made that the quality of legal services to be performed is greater than the quality legal services performed by other lawyers.

Legal Humor - Far Side

"Ask a Lawyer" - Product Liability (Unguarded Machine)

I was hurt recently by a machine at work that wasn’t guarded properly.  It was only my second week running that particular piece of equipment.  My supervisor told me that I should look into a product liability lawsuit.  What are my chances of success? Peyton S., Jasper

Peyton, I am sorry you were hurt.  You should definitely consult with an attorney with experience handling Product Liability cases.  There are a lot of issues that will factor into whether the case will be successful.  Let me give you some basic information on Product Liability law.

Product liability lawsuits are grouped into three categories. The first category involves defectively manufactured products, meaning that a mistake was made either at the factory or between the factory and wherever the product was purchased, resulting in a faulty product. The second category involves defectively designed products, meaning that the product is dangerous in some way even though it was correctly manufactured. These cases involve an entire line of products that are unreasonably dangerous. The third category involves a failure to provide adequate warnings or instructions regarding the proper use of the injury-causing product. 

Many product liability claims arise out of the use of pharmaceutical drugs with dangerous side effects.  Often, the side effects of the drugs were unreasonably dangerous or the manufacturer did not warn the patient of those side effects.  

There are three general types of evidence you will need in order to win your lawsuit:

·      First, you must prove you have been injured or suffered some other kind of damage and that the defect was the specific cause of your injuries or damages.

·      Second, you must prove the product involved in your case was defective or lacked proper warnings or instructions.

·      Finally, you must prove that you were using the product in more or less the manner in which it was intended to be used.

In Alabama, you must file a defective product liability lawsuit within two years of the date of injury. If you fail to file your lawsuit before this statute of limitations expires, the judge will throw out your case, no matter how good your claim may be. There are a few exceptions if the injury is not discovered "or should have been discovered" until after the two years has passed. This is especially true in such cases involving defective drugs.

One of the most important aspects of evaluating a products liability claim is determining what types and amounts of damages you have suffered.  Compensatory damages are intended to restore you to the condition you were in before the injury occurred by attaching a dollar value to each of the bad things that happened to you as a result of the injury. These damages include "economic" losses such as medical expenses, lost wages or profits, and any damage to your property. They also include certain "non-economic" losses, such as pain and suffering.  If a judge or jury finds that the defendant has acted particularly badly, you may also be entitled to punitive damages that will punish a defendant for its conduct and to deter others from engaging in similar conduct.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Please send the questions to:
Ask the Attorney
P. O. Box 2309, Jasper, AL 35502

205-387-7777
or email to Bob@NelsonBryanJones.com

or jasper@mountaineagle.com

No representation is made that the quality of legal services to be performed is greater than the quality legal services performed by other lawyers.

Ask a Lawyer- Two Social Security Questions

I filed for my Social Security Disability and was denied.  Is there anything else I can do?  
Johnny T., Dora

Johnny, most people are denied on their initial application unless they have a terminal disease or they are very close to regular retirement age. The initial application is actually only the beginning of what can be a long process in some cases.

The following steps are further appeals that can be taken, but most cases are resolved at the Administrative Hearing Level.

1.             Initial Claim

2.             Reconsideration (not required in the State of Alabama)

3.             Administrative Hearing

4.             Review by the Appeals Council

5.             Federal District Court

6.             Federal Court of Circuit Appeals

7.             United States Supreme Court

It is imperative to have an attorney well acquainted with the process.

Some cases can actually go the United States Supreme Court.

I’ve heard it takes forever to get a hearing for Social Security Disability. Does it really take that long to get a hearing?  

Curtis L., Parrish

Initial denials are, unfortunately, what most disability claimants can expect to receive after they file a claim for benefits with the Social Security Administration.  Statistically (depending, to some extent, on where a disability claimant lives), initial claims have a denial rate of approximately 65 percent.  Once initially denied, a hearing must be requested within 60 days of the date of the denial letter. The average time from the hearing request date until a hearing is held for cases in the Birmingham hearing office is 15 months.  There is some variation around the country.  Amazingly, the national average reached almost 20 months in mid-2008.

Ask a Lawyer - Underinsured Motorist Coverage

My wife was in a horrible car wreck on Smith Lake Dam Road.  The man who caused the wreck’s insurance company is hinting they have small policy.  The adjuster says “minimal.”  I am not sure what he means but my wife has over $80,000 in medical bills.  She has missed 6 months of work.  Am I going to get stuck with a lot of unpaid bills that our health insurance won’t cover?  

Paul L., Jasper

Alabama law only requires that a person carry $25,000 in liability insurance.  That is probably what the adjuster means by “minimal” coverage.

Fortunately, there may be other insurance coverage available to cover your damages.

Underinsured motorist ("UIM") insurance allows a person’s own insurance policy to cover damages above the at fault driver’s coverage limits.  This happens when the person causing the injuries does not have enough insurance to cover all your wife’s damages.

The original party who caused the accident will be the defendant, but your own insurance will pay, by verdict or settlement, anything above the coverage amount of the at fault driver.  This happens when your wife’s damages exceed those minimal limits. Her damages will include past and future medical bills, past and future lost wages, pain, suffering, and mental anguish. In the event of a trial, the jury cannot be told that either of the parties even have insurance. That is true for both the liability coverage for the at fault party and your very own Underinsured Motorist coverage that you paid for to cover any excess damages.

At Nelson, Bryan and Jones, we often see at fault drivers who carry only the state minimum of $25,000 while our clients wisely bought plenty of UIM coverage. In a catastrophic accident, BOTH the at fault person's coverage AND our own UIM coverage will be available, even though a jury cannot be told about either.

In Alabama, underinsured (and uninsured) motorist coverage is automatically included in your general car insurance policy unless you specifically reject it.  Alabama law requires that you can only reject UIM coverage in writing and if coverage has not been rejected according to state law procedures, you will automatically have that coverage.

How Much Can Be Recovered?

Although the policy limits usually define how much in underinsured motorist benefits an insured can be paid, there are several things that can increase those amounts.

If you have insurance coverage for more than one vehicle with the same company, you can use the UIM coverage from each policy to “stack” coverage to recover damages from one incident.  For example, you have two cars that Company X insures and you're in an accident with an underinsured driver and you have damages of $500,000 above the other driver’s coverage. Even if each policy contains coverage for only $250,000, you can “Stack” the UIM coverage from both cars covered under the policies to cover the full $500,000 in damages.

UIM insurance is relatively inexpensive. Call today and ask your local agent for full coverage.

Ask a Lawyer - Work Comp and SSD

I was injured on the job about 18 months ago and have been receiving Worker’s Compensation. Unfortunately, I have now decided that I am just unable to work anymore and want to file for Social Security Disability. I was told by a fellow worker that if I received Worker’s Compensation that I could not draw Social Security Disability also without causing a reduction in my benefits. Can anything be done about it? Tommy J., Townley

Nothing causes more confusion than the interaction between Social Security Disability benefits and Worker’s Compensation and the so-called offset this may create. Generally, you can receive no more in combined Social Security disability and Worker’s Compensation than eighty percent (80%) of your highest wages earned in the last 5 years prior to your disabling injury.

An experienced attorney in this field, acting on your behalf, can legally draft a worker’s compensation settlement to avoid such an offset due to the receipt of the combined benefits. Computing your worker’s compensation over your lifetime, even if it is accepted all at one time, usually avoids such a reduction in benefits.