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badge - Top 100 Trial Lawyers, The National Trial Lawyers
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Last month, according to Bloomberg.com, a Philadelphia jury awarded $10 million to the family of a teenage girl who developed Stevens – Johnson syndrome after she took Children’s Motrin. According to the Mayo Clinic, Stevens Johnson Syndrome is a sever sensitivity reaction that can be caused by many drugs. Stevens-Johnson syndrome attacks the skin and mucous membranes. It can cause the top layer of the skin to separate from the lower layer of the skin in affected areas. The condition can even spread to internal organs, and it can cause scarring and even blindness. Sometimes the disorder can affect more than 30% of the body, when that happens the condition is usually referred to as toxic epidermal necrolysis (TEN), which typically requires treatment in hospital burn units. According to the Maya family lawsuit, Brianna was left blind in one eye and suffered burns over 84% of her body after taking Children’s Motrin in 2000 for a cold and fever. Her family argued that a warning for Steven Johnson Syndrome was not included on the medication’s labeling that year.

The jury in the case found that Johnson & Johnson’s McNeil Consumer Healthcare unit “was negligent for not providing a proper warning about Children’s Motrin’s risks and that failure was a factual cause of the girl’s injuries.” However, the jury did not agree with plaintiff’s claims that Motrin was defective, or that McNeil officials’ conduct warranted an award of punitive damages. Johnson & Johnson and McNeil added warning about “severe allergic reactions” which could present with “rashes and blisters” to over-the-counter ibuprofen products, but no specific mention of Stevens Johnson syndrome is made. Patent advocates say that the current drug allergy alert on labels of many over-the-counter ibuprofen medications don’t adequately warn users about the risk of Stevens Johnson Syndrome. Parents in cases involving these types of claims argue that manufacturers of over-the-counter ibuprofen products, especially those for children, should have adequate warning labels placed on their products, informing users to discontinue the drug if symptoms show.

If you have suffered injury or a loved one has died or been injured as the result of a defective drug, you may be able to recover damages. To find out if you have a claim, you should have our case evaluated by a qualified our experienced product liability attorney. Our firm can tell you if you have a case and how to go about filing a lawsuit. Pharmaceutical lawsuits are too complex for a consumer to handle alone, however, as pharmaceutical companies have enormous resources and an arsenal of high-power defense attorneys. Also, it is important to note that California has laws that set a time limit for filing different types of lawsuits, so we recommend you have your case evaluated as quickly as possible. We recommend you seek the aid of an attorney with experience in this type of litigation. Whether we settle out of court or have to go to trial, we will fight hard to get you the compensation you deserve.

Be careful driving this weekend. The roads will be wet. Pay special attention when you are driving on the Golden Gate Bridge, as accidents there can cause a car to move accross into traffic traveling in the opposite direction. Last month, a man from Colma was placed under arrest for allegedly causing a drunken driving crash on the Golden Gate Bridge that injured several people and briefly shut down the bridge, according to today’s news. The man–37 year-old Syed Ali– was speeding in his 2007 Mercedes roadster and rear-ended a vehicle driven by Mara Lefkowitz in the southbound lane. The impact forced Lefkowitz to spin out of control and hit the west curb of the bridge, at which point she moved back across southbound lanes into the northbound lanes and hit the east curb of the bridge. At that moment, another vehicle driving in a northbound lane crashed into Lefkowitz’s car. Ali’s vehicle also crossed into a northbound lane and sideswiped a van, causing the driver of the van to lose control and overturn. The driver of the van and Lefkowitz were taken to the hospital with moderate injuries.

According to the CDC, motor vehicle crashes are the leading cause of death among those ages 5-34 in the U. S. More than 2.3 million adult drivers and passengers were treated in emergency departments as the result of being injured in motor vehicle crashes in 2009. The economic impact is also notable: the lifetime costs of crash related deaths and injuries among drivers and passengers were $70 billion in 2005. In addition to that, alcohol-impaired driving kills about 11,000 people and costs nearly $110 billion a year. Every day, 30 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This amounts to one death every 48 minutes, and one in 3 motor-vehicle crashes involve an alcohol-impaired driver. The following are ways all of us can prevent alcohol-impaired driving and its consequences:

• Designate a non-drinking driver in your before you go out drinking.

An 18-year-old woman from Rohnert Park named Kaitlyn Dunaway was charged with misdemeanor vehicular manslaughter for allegedly running over a 2-year-old girl, according to sfgate.com. Dunaway was distracted by texting when she crashed her vehicle in to Cali Murray and Cali’s mothers as they walked through a cross walk holding hands on December 1st. Cali was killed and her mother was seriously injured. Dunaway has not been arrested, but she has been issued a citation letter to appear Thursday in Sonoma County Superior Court. If she is convicted, she could spend as much as a year in county jail. Dunaway is freshman at Sonoma State University and is considered a standout volleyball player who attended Petaluma High School. It is shame that she might have to suffer such heavy consequences for what, on the ground level, looks like such a small thing–the sending of a text.

Texting while driving has been banned because it has become a public health issue. The wireless communications law took effect on January 1, 2009, making it infraction to write, send, or read text-based communication on an electronic wireless communications device, such as a cell phone, while driving a motor vehicle. Some believe that making texting while driving a felony would be a good way to deter people from doing it. But what about texting while walking? Shouldn’t there be a ban on that as well? According to Ohio State University researchers, pedestrian texting accidents let to more than 1,000 emergency room visits in 2008. CTIA-The Wireless Association reported that Americans sent 1 trillion texts in 2008 and sent 2.1 trillion in 2010. That is a lot of people not paying attention to their surroundings. Whether you are driving and texting, or texting and walking, the message is clear: Texting via any means is hazardous and puts people at risk for injury.

If you or a loved one suffered an injury due to the negligence of another, please contact our firm for a free consultation. Our auto and pedestrian accident attorney is focused on helping victims receive the maximum compensation for their losses. With offices conveniently located in Oakland and San Francisco, we make it easy for Bay Area residents to meet with our experienced personal injury attorney.

Stacking is a term that means treating multiple policies that apply to a single loss as cumulative—as a “stack” of coverage—rather than each as mutually exclusive. Therefore, stacking issues can arise almost any time multiple policies cover a single loss. Stacking refers, literally, to the stacking of policy limits. In other words, stacking is the ability of the insured, when covered by more than one insurance policy, to obtain benefits from a second policy on the same claim when recovery from the first policy would alone be inadequate to compensated for the actual damages suffered. Also, stacking refers to the stacking of policy limits across different policy periods. For example, a continuous loss can occur across multiple policy periods and may be covered under every policy applicable to every such period, and each such policy may provide coverage up to the entire amount of the loss. In fact, in January 2009, the California Court of Appeal, 4th district, made a landmark decision when it ruled that a policyholder facing long term property damage or personal injury claims may stack liability policy limits across policy periods to maximize recovery. The decision was especially important for policyholders in manufacturing, pharmaceutical, construction, and chemical industries that face claims for continuous injury which occured in past years.

If you have questions about how to recover damages for long-term property damage or personal injury claims under your insurance policies, please contact our firm for a free consultation. Our expert insurance attorney will be able to explain the complex, complicated world of insurance policies in an uncomplicated, easy to understand language. We have over 10 years of substanstial experience helpingpersonal injury clients navigate complex insurance matters and manage negotiations with insurance companies, ensuring that they receive the compensation they deserve. For more information on how we may possibly help you, call our firm today.

This morning a man had stopped his pickup on the shoulder of Highway 101 in Brisbane because he was having mechanical trouble and was struck and killed by another vehicle, according sfexaminer.com. As he was standing in front of the pickup, a man driving a Camry veered onto the shoulder and slammed in to the back of the pickup. The pickup pushed forward into the man, throwing him about 75 feet, and he was pronounced dead at the scene. It is not known if the driver veered off the road intentionally or accidentally.

Such a story is a good example of how accidents can happen even when you think you have followed every safety precaution. Perhaps now would be a good time to discuss a safety issue that could save your life the next time you get on the freeway: knowing how to react when your car has mechanical trouble on the highway, or any other type of emergency, and what to do to get help safely. First, it is vitally important that you get out the traffic lanes onto a shoulder or breakdown lane. Here are some other safety tips:

• Stop your car as far away from traffic as you can.

Sony has announced the credit card information of millions of users has been compromised–after its Sony Online Entertainment PC gaming service had been hacked and the PlayStation network service had been breached. And now consumers are banding together and filing class action suits against Sony. A law firm in Toronto is handling a class action lawsuit launched against Sony Entertainment and its associated companies. Natasha Maksimovic of Canada is leading the charge against a number of Sony subsidiaries all around the world, including Sony Japan, Sony USA, and Sony Canada, for the breach of privacy. She is seeking damages of over $1 billion, claiming the company must pay for credit monitoring services and fraud insurance coverage for all suffered users for the next 2 years. She also claimed that she can’t trust Sony because it failed to protect her private data. What is more, she has accused Sony of being focused more on protecting its products than its customers. The company faces another class action lawsuit over hacker intrusion of its PSN; it is one of three, the first two were both filed in California. All of them accuse the company of allowing a leak to occur, and for failing to notify consumers in a timely manner.

A consumer class action suit is a legal action brought by a class action attorney on behalf of a large number of people, referred to as a class, with similar legal claims involving being wronged by company or organization. Class action legal claims usually involve a defective consumer product, a fraudulent or misleading business practice, or a deceptive financial practice. Class action cases involving financial issues deal with improper billing practices, overcharges, and failure to honor warranties, and class action cases involving defective products focus on design defects, manufacturing defects, or marketing defects.
If you feel you have been wronged by a company or organization, please contact our class action attorney today for a free consultation.

According to consumeraffairs.com, Sears has been selling extended warranties, what they call maintenance agreements, and then not following through on the promises within those agreements. Typically employees offer consumers the agreement at the time of purchase, and the agreement generally states that the consumer is eligible for the 3 year Maintenance Agreement, which covers repairs and replacements for any damages due to wear and tear, and an annual preventive maintenance check, all of which are supposed to save the consumer the cost of repairs. Sadly, consumers are finding that when they attempt to make use of their Sears extended warranty agreements, by asking for repairs, replacements, or refunds, they often get the runaround. On many consumer complaint internet forums, you can find numerous complaints posted by consumers who have been duped by Sears.

For a long time, consumer advocates have questioned the worth of extended warranties. Most of the time major appliance shoppers take the bait, paying extra for an extended warranty or service contract, of which the terms and conditions are not made clear by the salesperson. Here at the Brod Law Firm, we have met many people who have been dissatisfied with extended warranties and MA’s due to lack of follow through on the part of the manufacturer or seller. MA’s and extended warranties are supposed to provide peace of mind along with insurance for your product, but the problem is that they cover the period of the product’s life cycle when the least failures occur. What is more, the MA usually runs out just before the product begins to fail, at which point the consumer can’t renew the MA. The best thing consumers can do, before purchasing an extended warrenty, is think about the chances their item will break during the warranty period– and keep in mind that manufacturers and stores know most products are reliable and will outlast the extended warranty period.

If you have been the victim of consumer fraud, please contact our consumer attorney for a free consultation. Our firm is dedicated to working hard for not only large groups of consumers in class action litigation but for the individual consumer as well, no matter the size of the case. Should you need to file a lawsuit, our consumer attorney will fight hard for your rights and make sure you achieve the justice you deserve.

A crash occurred this morning on Highway 1 near Montara State beach at about 6:45am, according to SFexaminer.com. Two vehicles appeared to have been involved in the collision, which caused one driver to drive off the road and plunge more than 100 feet to his death. At the moment, his name has not been released, and the crash is still under investigation. Interestingly, the area where the accident occurred has been a concern for its residents because that particular stretch, between Half Moon Bay Airport and Devil’s Slide, passes sensitive coastline, communities with high pedestrian and bicycle activity, and carries significant commuter and tourist traffic. According to San Mateo County’s official website, San Mateo County and the Local Government Commission are in the begining stages of conducting a participatory planning effort to improve safety and mobility on that stretch of highway. The reason for the project is, back in 2009, a 12-year old child was struck by a car and critically injured when she was crossing the highway. It turns out that more than 100 people have been injured over the last ten years from accidents along highway 1 from Moss beach to Montara. Highway traffic speed is cited by residents as a challenge throughout much of the area.

Here at the Brod Law Firm, we have handled our share of car accidents, and we have a few tips for driving coastal roads. When driving on coastal highways drivers should always remember to drive defensively, wear their seatbelts, pullover if too many cars are following-when it is safe, however-and never pass double yellow lines. Remember that when you are driving south to north, you will be driving on the inside curbs; but when driving north to south, you should use extra caution, as you are on the cliff side, with nowhere to go but off the road if forced to avoid a collision. Always allow plenty of time to get to your destination so that you don’t feel rushed and tempted to go over the speed limit. Use extra when as you navigate those especially sharp curves in the road (just think: you will be able to enjoy the scenery better if you slow down). Always be alert for animals on the road, bicycles and pedestrians–for they can suddenly appear and can startle you. And during rainy weather or times of decreased visibility due to fog, slow down.

If you or a loved one suffered injuries due to a car accident, please contact our firm for a free consultation to find out if you have grounds to file a claim. Should it be determined that you need to file a claim, our experienced car accident attorney will fight hard on your behalf to get you the compensation you deserve. Our firm has over 10 years both settling and winning complex personal injury cases, and have the expertise to successfully handle your personal injury matter.

A man from Virginia was awarded $212 million this week in a case against Botox maker Allergan Inc, according to newsinferno.com. The man, Douglas Ray, age 67, claimed that the drug left him brain damaged and disabled, and that Allergan neglected to warn his physician about Botox’s Risks. Botox is used to treat different issues, such as wrinkles; severe neck muscle and limb spasms, called dystonia; and severe primary axillary hyperhydrosis, also known as excess sweating. In April of 2009, the U.S. Food & Drug Administration mandated a black box label for Botox, and similar products, that warns of the risk of adverse events when the effects of a botulinum toxin injection spreads beyond the injection area.

Lawsuits involving Botox are nothing new. In a separate case, in 2007, a man received a Botox injection for a hand tremor and writer’s cramp, and then developed severe medical complications. He is asking for $683,800 in medical expenses. In a different case, Allegran settled a case involving the family of a Botox recipient who died. And in another case, Allegran settled a Botox case with the Justice Department for $600 million. The case alleged, backed by the claims made by two whistle blowers, that Allergan illegally marketed the drug for off-label uses. The case accused Allegran of paying doctors to attend meetings promoting unlawful marketing and to lobby healthcare payers to cover off-label use of the drug. Also, the Justice Department claims that Allegran spent $8 million on an independent, online neurotoxin education organization to stimulate increased use of Botox. And as a final example, last year Allegran reached an out of court settlement with the family of a woman who died after receiving Botox for shoulder pain. Her family claimed that she was never informed of the risks involved with using Botox.

If you or a loved one suffered an injury due to the use of an unsafe drug, please contact our firm for a free consultation. We have the expertise to settle any type of personal injury claim, and will fight on the behalf of our clients in court, when we are not able to settle, and win.

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