2008 November - Know the laws your rights

A person is negligent when he or she fails to act like the standard ordinary reasonable person. Of course the critical issue in many cases is just how an “ordinary, reasonable person” was expected to act in the particular situation that caused the injury.

For example, an ordinary, reasonable person can travel down the Interstate, which has a posted speed limit of 65 miles per hour, at 65 miles per hour. However, if dense fog is present, the same ordinary, reasonable person would be expected to reduce his/her speed of travel. Suppose someone plows into your car while she was driving at 55 or 45 or 35? Would that be what the standard ordinary reasonable person should have done?

The determination of whether a given person has met his/her “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

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Categories: Personal Injury Laws Tags: injury, legal

Was Paxil approved by FDA? Why was it prescribed? What are the adverse side effects of taking Paxil?

Paxil Side Effects And Uses Drug Toxic Chemicals

Free Case Evaluation From An Experienced Drug Liability Attorney.

Was Paxil approved by FDA? Why was it prescribed? What are the adverse side effects of taking Paxil?

Paxil is an anti-depressant drug, approved by the FDA for use in adults suffering from depression, obsessive compulsive disorder, panic disorder, and social anxiety disorder. The FDA later approved Paxil for use in treating post-traumatic stress syndrome. The FDA never approved the use of Paxil for children; however, Glaxo-Smith-Kline, the manufacturer of Paxil, promoted the use of Paxil for children to doctors who believed that it was safe and effective.

Patients who have had Paxil prescribed for them have exhibited significantly increased suicidal and homicidal tendencies, resulting in suicide attempts, suicides, and homicides. In August of 2001, a jury awarded the relatives of a Wyoming man $8 million dollars in a wrongful death suit after the man, who had taken Paxil as prescribed by his Paxil is an antidepressant drug, approved by the FDA for use in adults suffering from depression, obsessive-compulsive disorder, panic disorder, and social anxiety disorder. The FDA later approved Paxil for use in treating posttraumatic stress syndrome. The FDA never approved the use of Paxil for children; however, GlaxoSmithKline, the manufacturer of Paxil, promoted the use of Paxil for children to doctors as safe and effective.

Babies of mothers who have taken Paxil during pregnancy have suffered from an array of side effects linked to SSRI (selective serotonin reuptake inhibitor) antidepressants. Heart defects that involve holes in heart walls have been particularly linked to Paxil.

Patients who have had Paxil prescribed for them have also exhibited significantly increased suicidal and homicidal tendencies, resulting in suicide attempts, suicides, and homicides. In August of 2001, a jury awarded the relatives of a Wyoming man $8 million dollars in a wrongful death suit after the man, who had taken Paxil as prescribed by his doctor, killed his wife, daughter, and granddaughter before killing himself. One of the claims made in the case was that the manufacturer had known since 1990 that Paxil could cause homicidal and suicidal tendencies in certain people, but had failed to adequately notify doctors and patients about these tendencies.

Additionally, in 2004 the Attorney General of New York negotiated a settlement over claims that the manufacturer had committed fraud by promoting the use of Paxil in children. The manufacturer was accused of concealing information from four different studies which concluded that Paxil was not only ineffective in treating depression in children, but that it greatly increased suicidal tendencies in children who took it.

Finally, although Paxil’s manufacturer marketed the drug for years as “non-habit forming”, many users found that they were unable to discontinue use of the drug, even under a doctor’s care, due to severe side effects including the feeling of electrical “zaps”, dizziness and vertigo, extreme nausea and vomiting, anorexia, aggression, irritability, sleep disturbances, sweating, and memory and concentration difficulties. Paxil became a drug that some patients were required to continue taking to keep these symptoms at bay. Nonetheless, it was 9 years after Paxil was first approved by the FDA before the FDA required stricter warnings about the side effects of withdrawal.

These increased suicidal and homicidal tendencies, in children and adults, as well as some patients’ inability to discontinue taking Paxil due to severe side effects have formed the basis for a number of cases against GlaxoSmithKline around the country.

Be the first to comment - What do you think? Posted by admin - at 7:23 am

Categories: Personal Injury Laws Tags: C, Lua

Credit Card Debt: Some Repayment Strategies to Avoid

credit-card-debt-repayment-strategies-to-avoid bankruptcy-law

Credit Card Debt: Some Repayment Strategies to Avoid

For most people, credit card debt is a symptom of a much larger problem, a total lack of restraint when it comes to buying. That piece of plastic simply makes it easier to spend without thinking about the consequences.
But getting out of credit card debt is not as easy as getting into it. Most advisors tell you to put away your cards and pay off what you can, starting with the cards that have the highest interest rate first. Other strategies include transferring your balances to a card with lower interest rate and getting a debt consolidation loan.
Advisors also will tell you these are only temporary measures to ease the symptom. They won’t solve the underlying problem unless you stop spending more than you can afford. Simply put, pay off the debt, then figure out exactly what you can spend and stay within that limit.
Advisors may also warn you not to turn to any of the widely touted repayment schemes that look tempting on the surface, but can create more problems than they solve.
One such temptation is a home equity loan. These often come with points, fees and other hidden costs, even though they are easier to obtain than a home mortgage loan. Many advisors tell you not to put your home in jeopardy-which is what you do if you don’t meet your payments-to pay off your credit card debt. This kind of loan, with its unexpected costs and real downside, won’t solve the problem of undisciplined spending. It merely makes it easier for you to lose your home.
Dipping into your retirement savings is also a bad idea, not only because you will face a 10 percent early withdrawal penalty but also because you will be taxed at a normal rate for any funds you withdraw. That means you are paying a huge penalty to pay off your credit card debt and also robbing yourself of funds you may need for your retirement.
Taking a cash advance on one credit card to pay off the debt on another is also a bad and potentially costly idea. Cash advances come with a fee, often about 3 percent of the amount advanced, and high interest rates that start immediately
Yet another bad idea is taking an advance, or loan, against your next paycheck. Finance companies make these loans easy and with good reason. Both fees and interest are high. This is no solution to your credit card debt, only one that perpetuates the problem and makes it worse, especially if you get into a cycle of borrowing against each next paycheck.

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Categories: Bankruptcy laws Tags: bankruptcy, mortgage

What is satellite service?

Satellite Service Communications Law Intellectual Property

What is satellite service?

Direct Broadcast Satellite is being promoted as a competitor to cable TV. There are already a number of companies that broadcast TV from satellites and offer a far wider variety of channels than the cable companies. There are a number of new satellite projects underway, sponsored by companies including Teledesic and Loral, building satellite networks that will be able to handle worldwide telephony.

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Categories: Intellectual Property Laws Tags: C, dwi

What if the child’s best interest does not coincide with the parents’ personal desires?

Childs Best Interest Child Custody

What if the child’s best interest does not coincide with the parents’ personal desires?

It may be in the best interest of the child to remain in the home with people he has lived his entire life rather than be uprooted after the loss of his mother and transferred to someone he does not know.

If the natural father challenges the issue and desires custody the court will have a difficult decision to make. If he agrees to the change of custody, the court should most likely grant it. The situation is similar to a step-parent adoption where the state tends to be more lenient in the examination it makes before it grants the change of custody. In this case the natural parent in the household will have passed away; however the child has been living in the home with the stepparent and, if thriving, the court may grant it.

Ny Parental Consent – What is the age with parental consent in New York?

What is the age with parental consent in New York?

Male: 16 – below age of consent parties need parental consent and permission of judge, no younger than 14 for males and 13 for females.

Female: 16 – below age of consent parties need parental consent and permission of judge, no younger than 14 for males and 13 for females.

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Categories: Family Law FAQ Tags:

Can a couple become legally married by living together as man and wife under montana’s laws?

Yes. Proxy marriages are valid under certain conditions.

[Note: a couple legally married at common law in another state is regarded as married in all states.]

Be the first to comment - What do you think? Posted by admin - November 26, 2008 at 10:45 am

Categories: Family Law FAQ Tags: legal

What is ‘strict liability’?

Strict Liabilty Legal Remedies General Practice

What is ‘strict liability’?

Strict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any “fault” on their part.

Strict liability often applies when people engage in inherently hazardous activities, such as doing “blasting” in a city, or keeping wild circus animals. If the blasting damages you — no matter how careful the blasting company was — it is liable for the injury. Similarly if the animals escape and injure someone, the fact that the circus used the world’s strongest cages and the highest standard of care imaginable will not let it get off the hook.

Strict liability also may apply in the case of certain manufactured products. In strict product liability, typically anyone who is engaged in the stream of commence of the product (from the manufacturer to the wholesaler to the retailer, or all of them) can be held responsible if the product was defective and someone was injured. There is no need to prove negligence but the injured party must prove that the product was defective.

Defective products may be the result of bad manufacturing for the failure to provide adequate instructions for the use of the product. Those engaged in the stream of commerce with respect to products should reasonably foresee that some people will misuse the product and should design the product so that injury does not occur.

Disclaimers and waivers of liability for products are often invalidated by courts as against public policy (courts should not condone the manufacture and distribution of defective products) and typically warranties are limited so that manufacturers and retailers are held responsible for personal injuries caused by the use of the product.

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Categories: Personal Injury Laws Tags: injury, legal

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