Permanent Alopecia, Serving as a Constant Reminder to Patients of Their Struggle against Breast Cancer

Posted by on Sep 13, 2016 in Taxotere Lawsuit | 0 comments

In an article posted in the website drugwatch, one breast cancer patient in the U.S. remarked, “The painful reality is that I will forever look like a cancer patient.”

A breast cancer patient who was treated with Taxotere (Docetaxel – Generic name) the woman (who made the comment) now suffers from permanent alopecia, or permanent hair loss. Though hair loss is an expected consequence in chemotherapy treatment, a patient can also expect that her hair will grow back within three to six months after treatment has ended. In treatments where Taxotere was used, however, the consequence has been unusual, with patients suffering from permanent, instead of temporary, loss of hair.

Taxotere, an intravenous chemotherapy drug that is manufactured and marketed by Sanofi-Aventis, was first approved by the U.S. Food and Drug Administration, for treatment of breast cancer, in 1996 (on August 19, 2004, the FDA approved Taxotere Injection Concentrate or TAC regimen, this time for the post surgery treatment of patients with operable, node-positive breast cancer. This TAC regimen is aimed at reducing risk of breast cancer relapse).

The permanent loss of hair suffered by Taxotere patients serves as a constant reminder of their struggle against cancer. Though many have survived their otherwise deadly condition, what angers these same individuals is the fact that they were never given the chance to prepare themselves for permanent loss of their hair as they (and their doctors who were likewise never made aware of this Taxotere side-effect) were kept in the dark by Sanofi-Aventis regarding the increased risk of permanent alopecia. Had they been informed of the risk, they would have preferred another drug that was as effective as Taxotere, but which did not cause the same side-effect.

As explained by the law firm Williams Kherkher, 75% of all women who have, or formerly had, breast cancer were treated with Taxotere under doctor’s recommendations. Many of these women, who now suffer from permanent alopecia, have filed lawsuits against Sanofi-Aventis, alleging that the manufacturer knew about the side-effect, yet deliberately hid it from patients and doctors to maintain and still increase its sales. Aside from this, the lawsuits also claim that Sanofi-Aventis failed to properly warn patients of the toxic side effects of Taxotere.

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How Medical Bills Are Paid After An Auto Accident

Posted by on May 27, 2016 in Insurance | 0 comments

One of the consequences associated with a car accident is medical expenses. You are likely to sustain injuries or even undergo surgery. Aside from damages to your car, your insurance policy will also provide medical coverage. According to the website of N. Craig Richardson, medical costs can be extremely expensive so it pays to have medical coverage. Here are the steps on how to get medical coverage after an accident:

1. Liability Insurance

State laws require that every insurance premium should have liability insurance. The state will determine the minimum requirement on the amount of liability insurance. Liability insurance consists of two parts:

Bodily injury coverage. This type of coverage pays for medical expenses due to injuries suffered by another person if you were deemed at-fault. Again, this coverage will not pay for your own injuries.
Property damage coverage. In an accident where you were deemed at-fault, property damage coverage pays for any damage to another person’s property.

Since the bodily injury coverage of liability insurance does not pay for your own medical expenses when you are deemed at fault, it is important to get one of the following coverages:

Personal Injury Protection (PIP). Also known as “no-fault” insurance, this will pay for your medical costs regardless of who was at-fault. Aside from medical costs, PIP will also shoulder the following:

  • Lost income
  • Funeral expenses
  • Child care
  • Household maintenance

Ina no-fault state, you can choose to set your PIP or your health insurance as the main source of insurance coverage for accident related injuries. Your choice for secondary option will help defray costs for your primary insurance.

2. Medical Payments Coverage

Medical payments coverage works like PIP because it also pays your medical expenses regardless of fault. If you reside ina no-fault state, you can use medical payments coverage to supplement your standard coverage if your PIP is not enough to shoulder injury-related costs. The downside of medical payments coverage is that it will not pay for lost income or other items that is paid for by PIP.

In a no-fault state, you may opt to set medical payments coverage or your health insurance as your main source of coverage if you are hurt in a car accident. Again, your secondary option will supplement your primary source. Medical payments coverage may pay for any treatments that is not covered by health insurance.

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Dangers in the Workplace

Posted by on Nov 27, 2015 in Workplace Injuries | 0 comments

Legally, employers have a responsibility to give a secure working environment for his or her employees, too as decent security instruction and equipment. This “obligation” requires employers not to cause harm or set someone in a status to suffer injury. Unfortunately, it’s easy for employers to break and cause harm to employees by acting negligently. According to OSHA, office explosions and fires hurt more than 5,000 employees and destroy about 200 annually.

Explosions occur to get a vast range of variables such as poor breathing, accumulation of flammable gases, and failure to procure combustible components. In accordance with the website of Habush Habush & Rottier, the most frequent injuries caused by explosions comprise:

  • Serious burns
  • Lung damage
  • Mind injuries
  • Broken bones

The first thing to do is seek medical assistance for your own injuries if you’re involved in an explosion. It’s vital that you document the specifics of the injury, once you are treated. This consists of shooting photos of your injuries along with the scene of the surge speaking to witnesses, getting bills for the injury-related costs, and creating down injuries or any battles you may have sustained.

Traumas due to an explosion can lead to expensive hospital treatment as well as a handicap. Employers need to be willing to provide adequate workers’ compensation protection if a worker is injured at work. The workers’ compensation insurance company is responsible for pretty covering medical bills and losses. Unfortunately, obtaining sufficient compensation for workplace injuries is not necessarily an easy task.

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What Can I Do About 18-Wheeler Truck Accidents?

Posted by on Aug 30, 2015 in Truck Accidents | 0 comments

It is almost instinctual, the need to drive or move away as fast as you can, the minute you are within radius of an eighteen-wheeler truck. The sheer immensity of the vehicle as well as its potentially hazardous cargo is enough to inspire fear into anyone within the vicinity. And it is for good reason.

The weight and size of an eighteen-wheeler truck are variables to consider whenever thinking of the impact that it can cause while on the road. It is one of the key elements as to why they are markedly different from other motor vehicle accidents like motorbikes or regular SUVs. Just picture the scene: gridlocked traffic with dozens of private vehicles, just trying to get from one point to another, when all of a sudden – an eighteen-wheeler truck comes barreling in at full force. The potential devastation that a truck of that magnitude can bring is enough to strike fear into the hearts of many, which is why the laws and rules that cover them are quite more strictly followed in comparison to other vehicles.

According to the website of Williams and Kherkher, there are laws that cover eighteen-wheeler trucks are mostly federal. That means that they are universal throughout all the states in the United States of America. Some of these laws include the hours that a truck driver can drive a vehicle of this proportion consecutively as well as the maximum load that a truck can carry without a permit. There are, indeed, precautions in place so that accidents of this nature can be avoided – and if any of these are violated, then that is a matter of negligence and the party responsible is then accountable for any injuries or damages done due to the incident.

It can be a tricky kind of situation to be in but with the right kind of legal aid, there is every chance that justice will be prevailed.

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The Parthenon in Nashville

Posted by on May 11, 2015 in Places | 0 comments

At the center of Nashville’s Centennial Park stands a full-scale replica of one of the most important structures of the ancient Greek civilization. The Parthenon was a temple built in 447 B.C. in Athens, Greece to honor the goddess Athena. Since Nashville had been considered the “Athens of the South”, a recreation of the Parthenon was built in the area as part of the city’s centennial celebration in 1897. While the structure was never meant to be a permanent attraction, it pulled in a lot of visitors and tourists. As a result, the local government decided to reconstruct the replica and make it permanent starting the 1920s.

The main attraction of Nashville’s Parthenon is the replica of the 42-foot statue of Athena that has been lost in the Athens temple since around 5th century AD. This reproduction was made by American sculptor Alan LeQuire and depicts Athena in a cuirass and helmet while carrying a shield on her left arm and holding up a small figure of Nike, the goddess of victory, in her right hand. The rest of the interior also closely resemble the classical architecture style of Ancient Greece. In particular, Nashville’s Parthenon boasts plaster molds of the Parthenon Marbles which have adorned the pediments of the original structure in Athens.

Aside from being an important monument to a notable time in history, Nashville’s Parthenon also serves as an art museum and gallery. Today, the Parthenon boasts a permanent collection of paintings made by various American artists from the 19th and 20th centuries. It also hosts several rotating exhibits featuring the very best of the local art scene in Nashville, Tennessee.

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Choosing Between Chapter 7 and Chapter 13 Bankruptcy in Texas

Posted by on Feb 4, 2015 in Bankruptcy | 0 comments

You have made the decision, and your family concurs. You will file for bankruptcy because you have no means of paying your debts without sacrificing your basic needs and that of your family. The next issue is choosing the best way to go about it. Would you be better off with Chapter 7 or Chapter 13?

Bankruptcy is governed by federal law, and although states have their own set of laws for it, they typically closely follow the federal statutes. Under bankruptcy law, there are two distinct types of personal bankruptcy that an individual can file classified as Chapter 7 (because it is Chapter 7 in the Bankruptcy Code) or Chapter 13.

Chapter 7 is liquidation, in which the debtor agrees to place all non-exempt assets into an estate under the management of a court-appointed trustee, who will then distribute the proceeds of the sale of assets to the creditors. A Waco bankruptcy lawyer would make sure that all exempt assets under this type of filing are excluded from the estate. In exchange, the court forgives any debt that may be remaining (with some notable exceptions such as back child support and student loans), enabling the debtor to start fresh. The whole process from filing to discharge takes about six months.

Chapter 13, on the other hand, is reorganization. The debtor agrees to work with the court to construct a repayment plan to manage debt and to negotiate with creditors for better interest rates, longer terms, and waiver of late fees. The debts are not forgiven, although in most cases only part of an unsecured debt i.e. credit card debt needs to be part of the debt management plan. In general, the court allows the debtor up to 5 years to discharge their debts. If the debtor fails to follow the plan, the court may dismiss the petition.

As you can see, Chapter 7 is resolved faster and involves less work for all parties. But because debt forgiveness is involved, the courts reserve this privilege for those who can pass a means test of income. In other words, if you actually have the means to pay, you won’t qualify for Chapter 7. That leaves Chapter 13, which is easier to qualify for. However, if you have property you want to keep that is non-exempt, then Chapter 13 is the better option for you.

Which one will be better for you at the end of the day depends on your circumstances. Consult with a bankruptcy lawyer in your state for a clear picture of your available options.

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Apples and Oranges: Disputes against Talc-Related Cancer Research Findings

Posted by on Sep 18, 2014 in Defective Products | 2 comments

There has been a recent upsurge of interest in the link between talcum powder and ovarian cancer following the results published in the journal Cancer Prevention Research (“Genital Powder Use and Risk of Ovarian Cancer: A Pooled Analysis of 8,525 Cases and 9,859 Controls” Cancer Prev Res August 2013 6; 811) . The study was a meta-analysis of 8 smaller studies, the data collected in each combined to provide a sufficiently large number of subjects to validate a common finding: talcum powder increases the risk of developing ovarian cancer.

But not all doctors agree that there is sufficient evidence for this conclusion. Some base their opinions on a technique called talc pleurodesis which is used to relieve the discomfort of lung cancer i.e. mesothelioma patients suffering from fluid buildup in the pleura (space between the chest and lung linings). Sterilized talc powder is applied to the pleura once the fluid has been drained in order to close the pleural space and prevent effusion. It does not cure the cancer, but it does make it easier for the patient to breathe.

Naysayers state that this is proof positive that talc does not cause cancer; in fact, it may just indicate the opposite. Pleurodesis is effective because the talc irritates the linings, causing inflammation and thus closing the space. Researchers reporting a link between genital powder and ovarian cancer posit a similar reaction when talc particles find their way up the reproductive tract and lodge in the tissue, which encourage the growth of cancer cells. According to talcum powder lawsuit lawyers at Williams Kherkher, these studies show that at the very least talcum powder manufacturers should have warned the public of the possibility of risk when it was first indicated (“Talc and carcinoma of the ovary and cervix” J Obstet Gynaecol Br Commonw. 1971; 78:266–272), just to be on the safe side.

If you have just been made aware that your ovarian cancer may have been caused by using talcum powder in the genital area, you should take action immediately. Contact a reputable talcum powder lawyer to find out your legal options.

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Power Morcellator Lawsuits

Posted by on Sep 3, 2014 in Medical Issues | 0 comments

Studies conducted by the National Institutes of Health tell that hysterectomy is one surgical procedure that many women in the United States (and around the world) will need to undergo in their lifetime. Presently, there are 600,000 hysterectomies performed in the US every year, making it the second most common surgery after Caesarean section.

Hysterectomy is a surgical procedure wherein a woman’s uterus or womb is removed. This is done for various reasons, such as to eliminate/remove or treat chronic pelvic pain, uterine fibroids or myomas (benign tumors growing in the uterus), tissues that cause cancer (like cervical cancer, ovarian cancer or cancer of the uterus), vaginal bleeding, uterine infections, adenomyosis, uterine prolapse and endometriosis.

There are different ways of performing hysterectomy. There is the:

  • Abdominal Hysterectomy – which is an open surgery that requires a 5-7 inches vertical or horizontal incision in the abdomen)
  • Laparoscopic Hysterectomy – also known as minimally invasive surgery wherein four minimal (0.5-1cm) incisions are made. These incisions are passage ways for the laparoscope (a small camera that will allow a doctor to see inside the body and guide him/her in cutting the uterus into small pieces), the power morcellator (a surgical device used to cut the uterus or fibroids into small pieces), and other surgical tools
  • Vaginal Hysterectomy – wherein the uterus or fibroids are cut and removed from within the vagina instead of through the abdomen)
  • Laparoscopically Assisted Vaginal Hysterectomy or LAVH – a procedure that makes use of a laparoscope to guide the cutting and removal of the uterus through the vagina.

The introduction of the power morcellator in the 1990s gave doctors a device that could enable them to perform hysterectomies or myomectomy (removal of uterine fibroid), easier, faster, with lesser chances of complications, with less pain and blood loss, and through very tiny cuts that heal much faster, compared to the 5 – 7-inch abdominal incisions required in traditional (or open surgery) hysterectomies.

A power morcellator is a device designed to mince oversized tissues into tiny pieces so that these can be removed through 0.5-1cm incisions in the abdomen. It is used in laparoscopic surgeries to remove the uterus or uterine fibroids. Despite the many advantages it could provide, however, its continued use has been discouraged by the US Food and Drug Administration in laparoscopic surgeries as studies have shown (and actual cases have been reported) that women treated with a power morcellator during fibroid removal can suffer from the possible spread of unsuspected cancerous tissues known as uterine sarcoma.

Since 1995 the FDA has approved the use of power morcellators from different manufacturing firms, including those from Ethicon, Johnson & Johnson’s power morcellator manufacturing division. Cases of women diagnosed with leiomyosarcoma, a type of deadly cancer resulting from the spread of uterine sarcoma, have already been reported and lawsuits have also been filed against manufacturers of the device used on them.

Filing a morcellator lawsuit would definitely be the right of women injured by power morcellators as these legal actions can enable them to receive compensation (from the manufacturers or other parties responsible) that will cover medical treatment, pain and suffering and other damages that the court will recognize.

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Things Employees Ought to Know about Short Term Disability Benefits

Posted by on Jan 28, 2014 in Disability Options | 0 comments

Many employees think that a serious medical condition or disability is enough reason to permanently remove their names from their company’s roster of employees. This is because many are not aware of the time off from work that the law allows them to avail of and enjoy or that even in the event of a brief period of disability, getting time off from work (without losing pay) can offer them relaxation, which can lead to improved health, better quality of life and even a longer career.

While no employers are mandated by any law to pay employees who incur absences due to temporary disability or illness, there are still employers who offer their workers “paid disability time off.” This paid disability time off includes: sick leave for those who need a few days off from work, usually due to sickness; a short-term disability period, which usually lasts for about a week or more (a usual short-term disability plan pays employee benefits for about 13 to 26 weeks); and, a long-term disability period, which employees may apply for in cases of longer or permanent disability.

Sick leaves are separate and distinct from vacation leaves and other paid time off from work. Some employers grant a 10-day sick leave to their employees, which, if not used, may either be carried over (totally or partly) to the succeeding year; there are also employees who forfeit all unused sick leaves, starting a new clean slate at the start of the year.

While some employers may also offer short-term disability benefits, they require their employees to use all of their sick leaves first before applying for disability plans. Employees who have used up all their paid sick leaves but still need longer time for recovery can avail of paid short term disability leaves (if their employers offer these). The short-term disability pays a part of the employee’s salary, usually between 50% and 75%, which may start either at the time when the sick leave has all been used up or after the employee has already been absent for about a week.

Whatever the company policy is regarding sick leave and short-term disability benefits, employees need to be aware and updated for possible changes; employers, on the other hand, ought to make sure that employees are aware of their rights regarding such paid time off.

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Dividing Assets, Properties and Debts in the Event of Divorce

Posted by on Jan 11, 2014 in Family Issues | 0 comments

One of the toughest issues to settle during the process of divorce is division of properties, assets and debts – everything that the divorcing couple has worked for or has had before deciding to part ways. The frustration becomes greater when both parties cannot come to an agreement; a situation still made worse with the absence of a prenuptial agreement, which automatically protects the assets and properties of an individual earned prior to marriage.

Division of wealth and debts is one issue that will straightforwardly affect each of the spouse’s financial future. Thus, if no terms become agreeable to both parties, it will be up to the judge to decide, under certain conditions, which property goes to whom and how much of the acquired debt is paid by each.

Since only marital assets, properties and debts (those acquired within the bond of marriage or during the union) are subject for division, the court will need to determine first which of these are marital and which are non-marital. And, when referring to assets and properties, these include vehicles, valuables (like arts and antiques), saving accounts, bonds, stocks, commissions, bonuses, mutual funds, life insurance, pension plan, retirement plan, deferred compensation and retirement savings plan (also known as employer-sponsored 401K). If a house was purchased during the union, this marital home is usually awarded to the parent who will have child custody, but only until the child reaches the age of 18 or finishes high school.

Knowing the laws (regarding divorce and property division) of the state where you reside is important since states differ in how their courts divide assets, properties and debts. Despite the differences there are factors commonly considered by courts when making decisions, such as the spouse’s income and earning capability, age, health, length of marriage, the specific property and income contributed by each into the marriage and the standard of living during the union. Consideration of these factors are true in 41 states, which make sure that division is fair and reasonable; in the other nine (Texas, Nevada, Louisiana, Wisconsin, New Mexico, California, Arizona, Texas and Washington), however, if the laws have not been changed, then the 50-50 rule division is still in effect.

On its website, the Law Office of Andrew A. Bestafka, Esq., speaks of how divorce can be both an overwhelming and demoralizing experience to go through. And while there is the need to ensure the best future for the children (if there are any), one cannot sacrifice his/her own interests. Thus, every decision, even the refusal to accept terms, is critical.

The need to arrive at a settlement fast, without having the need to bring the issues to court, is equally important. Oftentimes, issues become easier to settle with the help of lawyers who will help you and your spouse draw the conditions and terms of the agreement. Hiring a family lawyer would really be a big help in making divorce a less devastating procedure to go through.

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