Legal News Medical Malpractice Lawsuit in Texas May Not Succeed When Dangerous Drugs Are Generic San Antonio
Posted: 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 AntonioWhen 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.”
Read The Full Story
Video One Name One Family One Voice One Opportunity
Posted: April 29, 2012 | Author: Lawyer | Filed under: Car Accident Lawyers | Tags: San Antonio TX Lawyers | Comments Off on Video One Name One Family One Voice One OpportunityCategories- Personal Injury Lawyer, Medical Malpractice, Car Accident Lawyer
Herrera Law Firm
111 Soledad Street, San Antonio, TX 78205
(210) 224-1054 ? http://www.herreralaw.com
Law News W Va Woman Fights to Collect $10 Million from Debt Collectors – ABC News
Posted: April 25, 2012 | Author: Lawyer | Filed under: Car Accident Lawyers | Tags: Bankruptcy Lawyer, Debt Collector Harassment | Comments Off on Law News W Va Woman Fights to Collect $10 Million from Debt Collectors – ABC NewsSource : 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.”