Archive for the ‘Law’ Category

Zofran Investigated – Possible Link to Cleft Palate, Lip, and Heart Defects

Friday, March 20th, 2015

Zofran (ondansetron HCl Dihydrate) is produced by Glaxo Wellcome Pharmaceuticals and is often prescribed to treat nausea during pregnancy. It is not fully known how the drug works but millions in our country have been prescribed this medication in a very free fashion because the potentially dangerous nature of the drug for expectant mothers was never disclosed by the Pharmaceutical company. Zofran was believed to be safe to treat any number of nausea symptoms during pregnancy. There have been new reports that Zofran has been linked to birth defects in babies, including cleft palate, cleft lip and congenital heart defects.

Our firm is investigating these claims and would be happy to speak with any individual who has questions about their child’s cleft palate, cleft lip or heart defect and any possible links to the medications they have been prescribed. If you or a family member has recently had a child with a cleft palate, cleft lip or other heart defect after taking Zofran you may need to act now to preserve your rights. Our attorneys are available 24 hours a day and we have gathered additional information if you or a loved one would like information on this topic.

pills spilled by bottle

Many medications have unforseen side effects.

When you contact our firm, consider the following questions: Why was Zofran prescribed? Do you have any known allergy to Zofran? The dosage amounts of Zofran and directions on use. (the prescription bottle may contain this information).

GENERAL MISSISSIPPI LAW DEFINITIONS

Tuesday, August 19th, 2014

CONTRIBUTORY NEGLIGENCE: If the Plaintiff helped in any way to cause his own injury or damage, then the amount of money that he might receive will be produced by the percentage that he was also at fault.

PLAINTIFF: The person who starts a lawsuit by filing the right papers in the proper court.

DEFENDANT: The person who against whom the lawsuit is filed.

NEGLIGENCE: Carelessness or the lack of reasonable precaution, care or action.

CONTRIBUTORY: Sharing cause or responsibility for the damages.

DAMAGES: Money ordered to be paid for harm or injury caused to the Plaintiff by the Defendant.

DUTY: An act that is required by law or expected by society.

PUNITIVE: Causing punishment for a wrongful act.

STATUTE OF LIMITATIONS: The amount of time a person has to file a lawsuit after the injury or damage occurs.

Source: State Justice Institute

In general, with regard to children, in Mississippi a person’s duty towards children is to expect the unexpected. This is different from the duty which is generally owed to an adult, which is to be reasonable.

In Mississippi, a Plaintiff who brings a lawsuit may not show or say that a Defendant has or had insurance to cover the damages he should pay. There is rarely a case where a Defendant who does not have insurance shows up in Court with a lawyer. If you are on a jury and you see a lawyer appointed to a Defendant, in Mississippi, this means they have automobile insurance. Juries are not told about the existence of this insurance coverage. This differs substantially from Louisiana law where there exists direct action statues and jurors are often time told about the availability and amount of insurance coverage available.

If the Plaintiff wins the case, damages may be given in the form of a judgment. If the Defendant does not pay, this judgment can be filed to become a lien against the Defendant’s property. This is rarely the case in Mississippi because the Defendants in car accident cases always have insurance. Generally, the Defendant’s insurance carrier pays the judgment or appeals.

In general in Mississippi, the Plaintiff may ask for personal injury damages. This includes past, present and future damages. The Plaintiff may also ask for and be awarded punitive damages if the Defendant acted in a willful, wanton, gross or reckless disregard for the Plaintiff and his safety.

Testosterone cream connected to heart attacks?

Sunday, January 26th, 2014

For the last several years it has been surprisingly simple for a man to report symptoms such as low sex drive, lack of energy or loss of muscle mass and be prescribed testosterone to correct any number of ills. Doctors refer to the condition as low t.

Typically the treatment is simple enough, with the doctor prescribing testosterone cream to the thigh or bicep. The drug names for this therapy include: axiron, androgel, fortesta, testopel, striant, delatestryl, testim and androderm.

Despite some of the benefits that may be gained from testosterone, a percentage of men on testosterone have reported heart issues after beginning treatment. These issues range from artery blockage to heart attack or stroke and include any heart issue in between.

If you or a loved one have been prescribed one of the medications above and later been diagnosed with a heart issue, you may have a claim. Call 601-355-2022 to speak with an experienced attorney regarding your potential claim.

Mediator Named in NFL Concussion Lawsuit

Friday, July 12th, 2013

Judge Anita Brody on July 8, postponed her ruling on the Motion to Dismiss in this matter and named Layn Phillips, a well-known retired Judge, as mediator in the NFL concussion suit to negotiate the issues between former players and the NFL. Judge Brody has set a date of September 3, 2013 for the mediator to report the results of this negotiation. Both parties involved in these negotiations have been ordered by Judge Brody not to reveal any information about the negotiation When there is new information to be reported and we are allowed to report it we will update you.

We are hopeful that some resolution can be reached at this mediation and look forward to the results.

NFL Concussion Litigation Motion to Dismiss Ruling

Friday, June 28th, 2013

Some of you have been waiting for the results of the recent hearings on the NFL and Riddell’s Motions To Dismiss the NFL concussion claims. The motions and responses to these motions were argued on April 9, 2013. These motions are an effort to move the NFL concussion claims off of the runway before the cases get started.

The Supervising Judge in these cases, Judge Anita Brody, has announced that she will have reached a decision on these Motions to Dismiss on July 22, 2013. The NFL argued in their motion that their player contracts included arbitration clauses which have to be heeded before a lawsuit could be brought anywhere else. This arbitration clause has been ruled unenforceable by other courts recently and the same may happen here.

We are confident that these claims will move forward and our staff is poised to move quickly in this case once these matters are decided.

If you have any questions, please feel free to contact me at any time.

Fresenius Cardiac Injuries and Death

Friday, March 1st, 2013

Cases of individuals who have suffered heart attacks soon after receiving dialysis from Fresenius Medical Care have been reported across the country. Anyone who has hear problems while on dialysis with Fresenius Medical Care needs to be aware of their rights and make sure that your treatment on GranuFlo and NaturaLyte does not effect your health ongoing.

Dialysis is a process which uses a machine and a membrane to remove waste products from the body which normally the kidneys would remove. The kidney also normally adds bicarbonate to the bloodstream which reduces the levels of acidity in the blood. GranuFlo and NaturaLyte solutions used during dialysis to add bicarbonate, acid and fluid back into the patient’s blood stream at different levels.

Both GranuFlo and NaturaLyte are maed by Fresenius, used by Fresenius and sold to other dialysis centers. From 2008 to 2012 both GranuFlo and NaturaLyte included more bicarbonate in their mixture than they were supposed to which had the effect of causing metabolic alkalosis which increases the risk of heart attacks, hearts stopping, irregular heartbeat, and strokes. For this reason, if you have had heart issues while on Fresenius products GranuFlo or NaturaLyte, we recommend seeking immediate counsel.

An internal memo written by Fresenius in November 2011 warned that the use of GranuFlo was associated with a 6 to 8 fold greater increase of cardiopulmonary arrest and sudden cardiac death in the dialysis facility. That internal memo, which covered only a single year and a third of Fresenius’s clinics, identified 947 cardiac deaths. Fresenius sent that internal memo to its own network of dialysis clinics. But Fresenius sells GranuFlo® to thousands of other dialysis clinics as well. It did not share this information with any of them until almost five months later. The internal memo was leaked anonymously to the FDA in March, 2012, and a recall of GranuFlo and a similar product, NaturaLyte, was issued later that month. For more information on the recall, please visit http://www.fda.gov/MedicalDevices/Safety/ListofRecalls/ucm309990.htm

The Giddens Firm is giving free consultations in Mississippi and across the country for Fresenius Granuflo and NaturaLyte cases.

Mississippi Mirena IUD Lawsuit Attorneys

Friday, December 14th, 2012

Mirena IUD (Intrauterine Device) is a birth control solution that is physically placed into the female uterus to prevent pregnancy. Unfortunately there have been documented side effects which have been linked to serious injuries in Mississippi and all over the country. People who have used Mirena have reported perforation of the uterus, puncturing of the uterus and tearing of the uterus, movement of the Mirena device to other parts of the body and serious infections as a result of Mirena. These injuries can cause scar tissue and may cause infertility in the women who have used Mirena.

John D. Giddens, P.A. handles Mirena cases for women who have been injured by this device, and have experienced uterus perforation, movement or migration of the Mirena IUD, expulsion of the device, or infection from Mirena each of which could be accompanied by scarring which would affect a woman’s ability to have children in the future.

In December 2009, the Food and Drug Administration (FDA) realized that there was an issue with Mirena and issued a warning letter to Bayer stating that Bayer had overstated how well Mirena works and that Bayer had made claims without basis about how well Mirena could prevent pregnancy. These false and misleading statements potentially caused more individuals to take the drug and be affected by these dangerous issues.
Other side effects of Mirena include irregular bleeding, ovarian cysts, back pain, weight increase, breast pain and tenderness, and acne.

If you or a loved one have used Mirena and experienced any of the following: uterus perforation or other uterine tearing, dislodging or migration of the Mirena device, expulsion of the Mirena device, or infections from Mirena contact our offices and we will help you determine what to do.

Mississippi Nursing Home Neglect Attorney John D. Giddens

Tuesday, September 18th, 2012

The Giddens Law Firm has a history of success in nursing home cases. Our firm has recently started investigating Emeritus Senior Living’s Assisted Living and Memory Care Departments at its facilities in Mississippi and other states. Emeritus’ Memory Care Departments care for elderly persons with Alzheimer’s or dementia.

Indications of poor care include falls, injuries, attacks by other residents, chemical sedation, unexplained weight loss and elopement. If a member of your family was not provided the promised care, contact our firm.

We are actively reviewing these cases in Mississippi and across the United States.

More on Emeritus

Emeritus Senior Living (NYSE: ESC) is a corporation which provides nursing home, assisted living, and Alzheimer’s care around the United States. The company was incorporated in Renton, Washington in 1993 and is headquarted in Seattle, Washington. Emeritus became a publicly offered stock on the American Stock Exchange in 2007 and in 2008 moved to the New York Stock Exchange where it is currently traded.

Battery, Assault and other intentional acts

Thursday, July 26th, 2012

Mississippi has very good civil case law for cases involving injuries caused by battery and other intentional torts. For instance, in most cases where an injury has occurred and negligence is alleged the case will come down to a final determination by the jury of if the Defendant was negligent but also how much the claimant and other defendants contributed to the injury, but in intentional torts the contribution aspect drops out completely because of the difference between negligent and intentional actions. This is based on a strong line of Mississippi cases summarized in Graves v. Graves, 531 So.2d 817 (Miss. 1988).

The authorities in this state and elsewhere are unanimous in declaring that the defenses of contributory or comparative negligence have no application to cases of intentional tort such as assault and battery. “The doctrine of contributory negligence does not apply to an action to recover damages for an assault and battery.” 6 Am.Jur.2d Assault and Battery § 153 (1964). “Where the defendant’s conduct is actually intended to inflict harm upon the plaintiff, there is a difference, not merely in degree but in the kind of fault; and the defense never has been extended to such intentional torts. Thus [contributory negligence] is no defense to assault or battery.” Prosser & Keeton, The Law Of Torts, 462 (5th ed.1984). See Jackson v. Brantley, 378 So.2d 1109, 1112 (Ala. App. 1979) (“It is elementary that contributory negligence is no defense to an intentional wrong.”).

Graves v. Graves, 531 So. 2d 817, 820 (Miss. 1988)

This brings up interesting questions as to what will be admissible into evidence if there is to be no argument of comparative fault by the Defendant. Evidence of most wrong acts of the claimant up until that point or other bad decisions should be excluded because they would not be relevant under MRE 401 because they do not tend to make a fact that is of consequence more probable or less probable and should be found to be irrelevant and excluded. Even if this evidence is found to be relevant, then it has a high probability of being used in an unfair way by the jury and should be filtered by MRE 403.

There may be times at trial that these issues should be brought up in an intentional tort. These times would include in arguing for a valid defense such as self defense or in the punitive phase of trial, but a court would be well within its power to nip these lines of inquiry in the bud because of MRE 402 and 403.