Archive for the ‘Our Cases’ 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).

Personal Injury Attorney John Giddens Discusses Third Party Claims

Wednesday, August 13th, 2014

Any serious injury or death to a loved one or family member, you should call Giddens law firm. Even if you believe it is a Worker’s Compensation matter, you should call us. We handle matters knows as third party liability cases. These are typically known as those that involve Workmen’s Compensation as a remedy, while allowing a plaintiff to recover against other parties, separate and distinct from their employer.

Cases like this can be a minefield. The Worker’s Compensation carrier is entitled to subrogation, or repayment of the monies recovered later in the third party lawsuit.

Obtaining consensus and/or agreements on the front end is the best way to handle this situation.
The following is an example of a third party case we were involved in a couple of years ago: A forklift was left on a job site and that forklift was rented in an unsafe condition or improperly used. For men used the forklift and while it was fully extended over 35 feet in the air it tipped over and crashed.

Workers Compensation paid for the medical bills and temporary or total disability of the survivors . However, issues against the contractor, subcontractors, heavy equipment rental agencies, or manufacturers had to be immediately investigated.

When four families in Mississippi suffered a terrible tragedy on a construction site at the education building at Ole Miss, The Giddens Firm took on the tough case of suing the manufacturer of the all-terrain forklift and the basket which was improperly attached and the rental agency.

Our firm hired the most reputable and well-respected experts from around the country who were knowledgeable and the area of warnings, human factors, manufacturing design, and implementation.
The case ended in a favorable resolution for their clients and their families.

When you are interviewing a prospective attorney or firm, ask the tough questions about whether this prospective firm has had success in the court room with a product liability case. Get details. Where was the case tried.

What was the verdict?

While every case is factually different, a lawyer with experience in handling the type of case you have is a good place to start. What you have to understand when hiring a lawyer is that it is and can be a 2 to 3 year journey or longer. You have to trust implicitly a lawyer and his/her staff to always put your interests first in the litigation and keep you informed throughout the process.

At the Giddens Firm, personal injury is what we have done for over 22 years and it’s always do. We are not afraid to roll our sleeves up and handle tough cases for clients against big insurance companies with unlimited resources.

If you are loved one has sustained a crippling, serious, or devastating/catastrophic personal-injury or a family member has suffered the death, we will help you. We will mobilize our team to the crash site or construction site or going wherever needed to preserve evidence for your case. Call us 24/7, at (888) 335-2022 for immediate help.

Mississippi Food Poisoning Attorneys

Thursday, August 1st, 2013

Viral and bacterial contamination of food products is very concerning to the public safety. Recently we have heard reports of several individuals in Mississippi and Alabama becoming very ill or dying as a result of the presence of bacteria in their food.

Our firm is currently investing a specific food poisoning incident in East Mississippi and West Alabama including the following counties in Mississippi (Neshoba, Kemper, Newton, Lauderdale, Jasper and Clake) and in Alabama (Choctaw, Sumter, Greene, Hale, Marengo, Clarke and Washington Counties). This investigation includes incidences of contamination with salmonella or incidence of salmonellosis in Chicken believed to purchased at A&P grocery stores in these areas.

Food poisoning effects 1 in 6 Americans each year. Of this number roughly 130,000 are hospitalized and 3,000 die of foodborne diseases. In fact, food poisoning is one of the leading causes of death worldwide, and here in Mississippi things apparently aren’t any different.

Any time someone becomes ill or dies as a result of food poisoning at a gathering, at home or the restaurant there are questions raised that deserve an answer. Part of our job as attorneys who take personal injury cases and products liability cases is attempting to give family members peace of mind when a loved one is injured or dies as a result of food poisoning or some other negligent preparation or handling of food. Please feel free to contact us on our 24-hour

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.

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.

Taking Justice Back

Tuesday, February 12th, 2013

We see and hear of cases every day where someone is seriously injured by the negligence of another person but there is no way under our current laws to right the wrong which has been done. Many changes have been made to what claims can be brought, laws making it procedurally more difficult to bring a suit and caps on what can be given to the injured party by a jury.

We have been concerned with our changing legal landscape for awhile because these changes deny justice for individuals that we talk to every day. That is why we have partnered with “Taking Justice Back” and promote their website. The rights of the individual matter, and everyone should have their day in court if they need it.

The logo for Take Justice Back (takejusticeback.com)

We launched Take Justice Back because nothing concerns us more than the erosion of our civil justice system. We are not anti-corporate; business built this great country into what it is today. But when corporations act irresponsibly they must be held accountable just like anybody else.

The Constitution gave you the right to pursue justice in court when you believe you’ve been harmed. But well-financed corporations circling in Congress are working every day to undermine your rights. They spend hundreds of millions of dollars scheming up ways to avoid accountability when they hurt someone. Chances are, this is the first you’ve heard of it.

As trial lawyers we represent clients. But look around this website and you will see no advertising. No solicitations. This is not about money. It is not about us. It’s about you, your rights and the gift of democracy that some powerful corporations are working hard to undermine.

Take Justice Back

PET Scans Shown to Detect Chronic Traumatic Encephalopathy (CTE)

Thursday, January 24th, 2013

New studies have been released on the brain recently which shed light on how brain scans can be used to detect the types of repeated concussion brain injuries that have been documented in the NFL. New studies from Dr. Gary Small have demonstrated that PET scans can show developing Chronic Traumatic Encephalopathy in the brain. These PET scans have been around since the 1961 and produce a 3d image or picture of functional processes in the body. The system detects pairs of gamma rays emitted indirectly by a positron-emitting radionuclide (tracer), which is introduced into the body on a biologically active molecule.

Chronic traumatic encephalopathy (CTE) is caused by the buildup of tau proteins. These tau proteins have been shown to build up after repeated blows to the head. Scientists have recently developed a nucleotide which will bind with tau and allow the byproducts to be shown on PET scans.

Early detection of these degenerative changes will hopefully raise awareness and increase player safety.

This is your Brain

Illustration of the Normal Human Brain

For More:
http://gizmodo.com/5978097/study-confirms-it-can-track-nfl-brain-injuries-with-pet-scans?tag=brain-injuries

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.

Rose Cancer Criminal Sentencing

Sunday, December 9th, 2012

U.S. District Judge Daniel P. Jordan III presided over the sentancing hearing of Dr. Meera Sachdeva, Brittany McCoskey, and Monica Weeks on Friday, December 7, 2012. The hearing was to assign sentences to the three Healthcare workers for their involvement in the criminal side of the Rose Cancer Center case.

There have been allegations that the workers at the Rose Cancer Center diluted chemotherapy medication and reused dirty one-use needles on patients causing transmission of blood bourne diseases. This criminal hearing sentenced Sachdeva, McCoskey for providing false information to healthcare officials and changing numbers in their books.

Judge Jordan sentenced Dr. Sachdeva to twenty years in prison and nine year supervised release with a $250,000.00 fine and restitution in the amount of $8,168,524.72 to the companies who were defrauded in this matter.

This is the heaviest sentence allowable under the one count of health care fraud and two counts of making false statements charges Dr. Sachdeva pled guilty to on July 13, 2012.

Judge Jordan explained his sentence from the bench stating, “”It’s a very small thing to send this woman to jail for the next 20 years when you compare it to the damage she has done.”

Rose Cancer Center’s office manager, Brittany McCoskey, 26, of Monticello, was sentenced to thirteen months of incarceration and upon release three years supervised release along with $55,068.83 in restitution.

McCoskey pled guilty to making false statements, but said at the sentencing hearing that she knew a bone marrow biopsy was done at the Clinic by a phlebotomist who normally only takes blood. McCoskey said she knew that a Doctor should have performed the procedure but on certain occassions Dr. Sachdeva was not even at the Clinic when these procedures were performed.

Monica Weeks, 40, of Madison, MS, was in charge of the clinic’s billing from her Ridgeland firm, Medical Billing Group. She was sentenced to three months home confinement and 3 years probation. She was ordered to pay $19,549.00 restitution and a $2000.00 fine.

BP Business Oil Spill Claims from GCCF and Deepwater Horizon Spill

Saturday, October 20th, 2012

BP Business Claims

When the BP oil spill occurred on April 20, 2010 it didn’t just affect the fishing industry or the tourism industry, it effected everyone. The entire economy was slowed down by the spill and businesses all over the southeast lost revenue during that time. In 2012, funds were set aside by BP to pay back any type of business which showed a loss on its financial statements in the time after the oil spill.

Every type of business has a potential claim. Giddens Law Firm has been assessing these claims and helping businesses file these claims.

No Risk

Any type of business can file a claim, our experienced attorneys can quickly determine if your business is eligible for settlement funds and submit your claim.

Our assessment is free, you owe us nothing until we collect for you.

We have seen claims from:

Retail stores
Law Firms
Realtors
Car dealerships
Electronics sales