Legal News Medical Malpractice Lawsuit in Texas May Not Succeed When Dangerous Drugs Are Generic San AntonioPosted: April 30, 2012 | Author: Lawyer | Filed under: Car Accident Lawyers | Tags: San Antonio Lawyers | Comments Off on Legal News Medical Malpractice Lawsuit in Texas May Not Succeed When Dangerous Drugs Are Generic San Antonio
When generic drugs first became available in the 1980s, patients everywhere celebrated due to the drastically lower prices. What consumers didn’t know was that, in choosing generic drugs over brand name versions, they were giving up their right to receive damages should they suffer from injuries due to ingesting generic drugs.
According to a recent article in the New York Times, while patients who became ill after taking brand name dangerous drugs can win a malpractice lawsuit, those who take generic drugs cannot. The reason goes back to a Supreme Court decision which stated that, since generic drugs do not have control over what is listed on their labels, they cannot be sued for medical malpractice. Even cases involving drugs that necessitated amputations due to gangrene and major surgeries to address debilitating gastrointestinal problems, the prescription injury victims who were given generic forms of the drug had their cases dismissed.
San Antonio attorneys at The Herrera Law Firm, Inc. know that some Texas medical malpractice cases involve generic drugs and are working hard to fight for the rights of their dangerous drug lawsuit clients.
In the article, the significant inequity of patients filing medical malpractice lawsuits is evident. “Your pharmacists aren’t telling you, hey, when we fill this with your generic, you are giving up all of your legal remedies,” said Michael Johnson, a lawyer who represented Gladys Mensing, one of the patients who sued generic drug companies in last year’s Supreme Court case, Pliva v. Mensing. “You have a disparate impact between one class of people and another.”
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Categories- Personal Injury Lawyer, Medical Malpractice, Car Accident Lawyer
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Source : ABC News
In a twist of irony, a West Virginia woman is trying to collect money from a collection agency. Diana Mey, of Wheeling, W. Va., won the largest judgment ever against an abusive debt collection company — more than $10 million.
“I’m a mom, and I’m a housewife, and I’m an accidental activist,” Mey said.
From her small-town home base in Wheeling, Mey went after a debt collection empire that hounds people nationwide and won. But she still hasn’t received any money.
“I don’t know that I’ll ever collect a dime, but if I can get their operation shut down, that would make me very happy.”
See: Bankruptcy Lawyer West Virginia
At the time, Mey said she didn’t make a connection between that call and the collectors. But then she learned the call hadn’t come from the local sheriff’s office after all. The caller ID had been manipulated to look like it did, a practice called spoofing. That’s when she went online and discovered complaints about RFA debt collectors pretending to call from sheriff’s offices, including a male collector who called women vulgar names.
When “Nightline” went to RFA’s Orange County, Calif., office to ask about the case, it was abandoned. RFA is actually a fictitious business name for a company called Global AG, LLC. Records show it is just one of several collection companies run by the same people that often change names and move. “Nightline” also visited other offices registered to people named in Mey’s suit, but employees refused to talk and asked us to leave.
RFA’s lawyer later told “Nightline” that RFA made the first collection call to Mey, but denies making the second, obscene call. He said he was speaking on behalf of company principals Thai Han, Jim Phelps and Stewart Phillips.
“My clients say it is not their policy to engage in conduct that violates the law,” he said. He characterized the $10 million judgment as “unfair.”
As for Diana Mey, she says she knows she may never be able to collect the money, but that her lawsuit still serves a purpose.
“I hope that it sends a message to other debt collectors out there that you have to follow the law,” she said. “Because if you don’t, there are going to be people out there that are going to stand up against you.”
The N.C. Bar Association held its fifth annual 4ALL Statewide Service Day in March, and more than 460 attorneys from across the state worked together to field 8,648 calls over a 12-hour period. Each year, lawyers participating in the event generously volunteer their time to discuss a wide variety of legal issues with callers, providing general advice and guidance where possible.
The 4ALL Statewide Service Day aims to help those who would otherwise not seek legal advice, and to make them aware of the resources available to them to get the help they may need. This worthy program serves a real need, as many people just need a little guidance to point them in the right direction.
But sometimes, more than advice is needed. Those who have suffered a personal injury as a result of an accident or negligence may need experienced legal representation to fight for compensation that is provided under the law. See :
car accident attorney Charlotte, NC
When we speak with potential clients at the Law Offices of James Scott Farrin, sometimes we find that they are not seeking representation, but rather just want a little advice. However, after our attorneys have had a chance to talk with them about the particular aspects of their case and their rights under the law, we’ve found that by the end of the call, many are eager to be represented.
Before they call us, most clients have already discussed their claim with the insurance adjuster for the at-fault party in their accident, and they often believe their case to be a simple, straightforward matter that can be settled directly. When they call us to discuss their lingering concerns and receive their initial consultation with one of our attorneys, many of these people come to understand how complicated the process of seeking compensation for their injuries can become and how important it is to have a personal injury attorney working on their behalf. Insurance companies are working for their own interests – and they have teams of lawyers fighting to reduce or eliminate what they have to pay accident victims for their injuries. See Full Story