Child Support School – What about paying for college or private school expenses?
What about paying for college or private school expenses?
Whether parties in a divorce must pay the expenses of their child(ren)’s college education depends on the law in the state where the parents live and any agreement between the couple. Parents are not required to pay for higher education in some states while in others they are. Whatever the law may be, though, the spouses can agree work out educational costs as part of their divorce settlement.
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Can a court order alimony payments after divorce/separation?
Can a court order alimony payments after divorce/separation?
Yes. As part of the judgment of dissolution or legal separation, a court may order one spouse to pay the other alimony.
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Categories: Family Law FAQ Tags: legal
The Dangers of Infection with the B-K Medical Transrectal Ultrasound Transducer
Va Hospital Prostate Biospy Defective Products
The Dangers of Infection with the B-K Medical Transrectal Ultrasound Transducer
B-K Medical Systems, Inc, a subsidiary of the multinational Analogic Corportation, is the manufacturer of a medical device called a transrectal ultrasound transducer, which has been on the market since 1992. This device is used to obtain tissue samples from the prostate gland, usually to test for cancer. The transducer is inserted into the rectum and guided by ultrasound until it is near the prostate gland. Then a hollow needle is inserted into the prostate to obtain a tissue sample.
The needle used for the procedure is disposable, but the needle guide that holds the needle is cleaned and reused. If the device is not cleaned properly, fecal matter and blood, called bioburden, can collect in the needle holder that may contain dangerous viruses, including hepatitis B, hepatitis C, and HIV/AIDS. If the needle holder is contaminated, bits of bioburden could be injected into the prostate gland when the tissue sample is taken.
Concerns have been raised about adequate cleaning procedures at Veterans Administration (VA) facilities after a routine inspection revealed that the needle holder of a transrectal ultrasound transducer at a VA facility was still soiled after it had been sterilized and was believed ready for use. A survey of other VA facilities revealed that a variety of methods were used to clean the device at different VA facilities, and many methods were possibly inadequate.
The VA is now in the process of notifying men who have had tissue samples taken with the B-K Medical transrectal transducer, offering them a free blood test for hepatitis and HIV. See The Veterans Administration Discovers Inadequately Sterilized Biopsy Device for more information.
Were you infected during a prostate biopsy at a VA hospital? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. [Sponsored Link]
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Categories: Personal Injury Laws Tags: legal
I just purchased a waterfront condo. It was suppose to be our dream. It’s a nightmare. Within months of purchase, we found my floor joints and common wall rift with mold. My family has suffered unbearable headaches, joint pain, nosebleeds, and rashes. The seller did not disclose any mold problem. The condo association is mum. Who do I square off against?
Home Mold In New Purchase Injury Law
I just purchased a waterfront condo. It was suppose to be our dream. It’s a nightmare. Within months of purchase, we found my floor joints and common wall rift with mold. My family has suffered unbearable headaches, joint pain, nosebleeds, and rashes. The seller did not disclose any mold problem. The condo association is mum. Who do I square off against?
In areas that are most at risk for causing leaks and resulting mold, the courts have held that these areas are common areas under the property owner’s control, even when the damage occurs in your condo. If the property owner retains control, he or she is under a duty to use reasonable care to repair the mold problem.
You possibly have legal claims against the prior owner, realtor, condo association, the lender and insurance company. One suggestion is to seek a moratorium on your mortgage payments while you clean up the mold problems. However, insurers declining coverage or lagging over a claim without justification or outright refusing to pay for toxic mold remediation have been held liable for acting in bad faith.
You can expect anyone you sue to argue that the exposure to mold did not cause your health problem. This is why it is vital to discuss your case with an experienced attorney. You should do so as soon as possible, because waiting too long may bar you from suing, due to your state’s statute of limitations. If you would like to have a cost-free, no-obligation case evaluation by a knowledgeable attorney, please fill out Free Advice’s case evaluation form.
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Freeing me from my debts in bankruptcy is in exchange for losing some of my possessions. How does that work?
exchange losses consumer bankruptcy
Freeing me from my debts in bankruptcy is in exchange for losing some of my possessions. How does that work?
The Bankruptcy Law determines which assets of the bankrupt individual are turned over to the trustee.
The federal Bankruptcy Code provides that you can protect some property from the claims of creditors either because it is exempt under federal bankruptcy law or because it is exempt under the laws of your home state. You get to keep the exempt property. In a Chapter 7 case, the trustee will take any property that is not exempt and sell it to pay off creditors. (The “exempt” and “nonexempt” classification has no effect under a Chapter 13 bankruptcy, since a repayment plan is used to pay your debt obligations.)
Many states have taken advantage of a provision in the bankruptcy law that permits each state to adopt its own exemption law in place of the federal exemptions. In other jurisdictions, you have the option of choosing between federal exemptions or exemptions available under state law. Though the types of property that are exempt may be similar under both federal and state law, the value of the asset that can be excluded differs widely. If you are married filing jointly, both spouses must make the same exemption election.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer
What is the scope of protection for a trademark?
Trademark Protection Trademark Law Intellectual Property
What is the scope of protection for a trademark?
Trademarks are registered in classes for specific goods like perfume, soap or automobiles. The scope of protection should be narrowly construed to the marketing area of the product. However, with licensors licensing famous trademarks for a plethora of products that narrow scope of protection has expanded broadly in recent years. Are a perfume and an automobile likely to cause confusion as to source if similar names are used? I call your attention to the fact that the Harley Davidson Motorcycle Company is licensing its name for a perfume.
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Categories: Intellectual Property Laws Tags: C
What are post-marital (or postnuptial) agreements?
Post Marital Agreement Pre Marital Agreement
What are post-marital (or postnuptial) agreements?
These are agreements drafted after the marriage has taken place, but before either party separates, divorces, leaves, or dies. These contracts contain provisions similar to those commonly found in premarital contracts. The methods for protecting assets and income, and divvying it up in the event of divorce or death, vary widely.
The rules regarding the validity and enforceability of post-marital contracts vary from state-to-state. We strongly urge that each spouse seek the advice of a separate attorney, if you have not already done so. Make sure you are not waiving any of your rights and that you fully understand the contract’s repercussions in the event that “everything goes sour”.
It is not unheard of for a spouse to suggest to his or her spouse that they sign a post-marital agreement and then, weeks later, announce that the marriage is over.
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Wi No Parental Consent – What is the age without parental consent in wisconsin?
What is the age without parental consent in wisconsin?
Male: 18
Female: 18
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Can a court order alimony payments during a divorce or separation case?
Can a court order alimony payments during a divorce or separation case?
Yes. While a divorce, dissolution of marriage or legal separation lawsuit is pending, a court may order one spouse to pay “temporary” alimony to the other spouse. Such an order, issued while the lawsuit is pending, is often called a “pendente lite” order (a Latin term meaning “pending the lawsuit”) or “temporary alimony order”.
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Categories: Family Law FAQ Tags: legal
The Veterans Administration Discovers Inadequately Sterilized Biopsy Device
Va Biopsy Device Defective Products
The Veterans Administration Discovers Inadequately Sterilized Biopsy Device
In an April 3, 2006 alert, the Veterans Administration (VA) announced that a medical device that has been used in VA facilities since 1992 had not been cleaned adequately at many VA facilities. This possibly contaminated device was used on an estimated 23,000 to 27,000 patients between 1992 and the discovery of the problem.
The medical device, called a transrectal ultrasound transducer, is manufactured by B-K Medical. It is used to take tissue samples from the prostate gland to test for cancer. The hollow needle that is used to take a tissue sample is disposable, but the needle holder and guide that the needle moves through is cleaned and reused. Many VA facilities have cleaned this part of the device by soaking and/or syringing it with disinfectant before sterilizing the instrument. In a routine inspection at a VA facility at Augusta, Maine, a needle holder was found to contain some “bioburden” (blood or fecal material) even though the device had been sterilized and was ready for reuse. Bioburden can carry serious and sometimes deadly viruses, including hepatitits C, hepatitis B, and HIV/AIDS, which can be injected into the prostate gland when the tissue sample is taken.
On discovering the inadequate sterilization of this device, the VA prepared cleaning guidelines to be followed in all VA facilities. The VA’s National Center for Patient Safety, the Food and Drug Administration (FDA), the Centers for Disease Control and Prevention, and the manufacturer, B-K Medical, were all consulted in creating the revised procedure. The new guidelines require that a small brush, about the size of a pipe cleaner, be used to clean the needle holder before the device is sterilized. Cleaning with a brush, as well as a disinfectant, will prevent the buildup of bioburden in the needle holder and other parts of the device.
There is a dispute about who is responsible for the inadequate sterilization of this medical device. According to Bob Davenport, a spokesperson for the Department of Veterans Affairs for the Tennessee Valley Healthcare System, the cleaning instructions provided by the manufacturer were unclear. The Tennessee Department of Health has asked B-K Medical to notify other facilities and health care providers about the possibility of inadequately disinfected devices. In its April 3, 2006 alert about the problem, the VA claimed that transducer assembly kits have not always included the brushes needed to clean the device properly.
Michael Brock, the Managing Director of B-K Medical in Copenhagen, Denmark has claimed that all the necessary procedures for cleaning the device are clearly described in the device manual, which is always delivered with the machine. Dennis Maki, an infectious disease expert at the University of Wisconsin at Madison, argues that anyone should know that a brush was needed to clean the channel holding the disposable needle. Brushing to clean such a device is routine.
The VA has set up a procedure for notifying all the patients who might have been exposed to viruses by the use of the B-K Medical transrectal ultrasound transducers. Each of the facilities that used inadequate cleaning procedures is notifying the patients from the facility by letter, offering them free blood testing for hepatitis C, hepatitis B, and HIV/AIDS, and giving them a toll-free number to call for information. Tests conducted by June 2006 have showed that none of the patients tested were infected.
The letters to patients say that, “there is a very small chance that you could have been exposed to hepatitis B virus, hepatitis C virus, or the human immunodeficiency virus (HIV).” Dennis Maki agrees that the likelihood of an infection from a device that has been soaked or rinsed in disinfectant is very low, though it isn’t zero. The likelihood is particularly low for HIV, which is easily killed by chemical sterilization.
Were you infected during a prostate biopsy at a VA hospital? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. [Sponsored Link]
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Categories: Personal Injury Laws Tags: legal