Archive for the ‘Medical’ Category

Asbestos-Related Disease – Mesothelioma

People who had contact with asbestos in the work place have developed Mesothelioma as well as lung cancer or asbestosis. Mesothelioma is a rare cancer of the mesothelium part of the lungs. Asbestos was a popular building material as it is extremely fire resistant and repelled chemicals and electricity. It was used in many products in the building industry including insulation and drywall. It was also found in pipe covers and certain types of clothing. By the 1920s medical experts began noticing that breathing the product caused lung ailments. Most companies ignored medical warnings and its use was continued. In the 1970s there was a shift and regulations were put on the product. By the early 1980s asbestos was being regulated by the government and banned in certain cases.

Breathing asbestos fibers is the only known cause of malignant mesothelioma lung cancer. This can happen long after exposure to the substance – even a small amount. It can take decades for the cancer to develop.

If you are a loved one was exposed to asbestos you are advised to consult a medical professional and seek legal help.

See article – When will the Class Action on Mesothelioma be Resolved?

Transvaginal Surgical Mesh (TVM)

Transvaginal surgical mesh (TMV) is used during surgery for stress urinary incontinence (SUI) and pelvic organ prolapse (POP).   The U.S. Food and Drug Administration (FDA) has put forth a safely warning to doctors and patients that use of TMV  through the vagina for  pelvic organ prolapsed (POP) may be exposing patients to additional risks.

This is a common surgical procedure amongst women and a third of these make use of mesh and three quarters are done through the vagina.  The lawsuit claims that woman as a result of the mesh surgery have experienced complications including:  erosion of the mesh into the vagina, infection, urinary problems, migration, vaginal pain, pelvic pain, urinary problems, skin split or mesh protrudes, pain during sex, vaginal scarring, narrowing of vaginal wall, mesh shrinkage as well as recurrence of the original problem, or the need for corrective surgery.

Manufacturers of TMV include Johnson & Johnson,  Boston Scientific,  C.R. Bard,  and American Medical Systems.

If you have suffered because of these types of surgery you should contact your doctor to be evaluated.  You should also contact a personal injury lawyer for their opinion.

Medicaid Brand-Name Drugs When Prescribed Class Action Suit

There has been a settlement in a class-action lawsuit that will guarantee Medicaid beneficiaries to continue purchasing prescription drugs at a minimal cost when they become eligible for Medicare. The class action lawsuit, filed in 2007 by the Center of Medicare Advocacy and the National Senior Citizens Law Center in the United States District Court in San Francisco, on behalf of the 6.2 million Medicaid beneficiaries who alleged they were overcharged for drugs or even turned away from pharmacies due to processing delays of Medicare enrollment.

Medicare law states that people enrolled in both Medicaid and Medicare are to receive any assistance with purchasing prescription drugs and the beneficiaries who are eligible, will only have a co-pay as low as $1.05 to $3.10 for brand-name drugs. But, it was alleged that the beneficiaries were charged as much as $35 to $75 dollars. Evidence shows that their low-income status was not properly shared by government agencies, pharmacies and insurers.

The attorney for the plaintiffs in the class action lawsuit, claim that the delays have shortened since the Medicare prescription drug benefit took effect back in 2006. But, the average wait time currently is five to six weeks before tens of thousands of Medicaid beneficiaries who transfer to Medicare every month can begin receiving prescription drug benefits.

The settlement will make the Government change its computer system, which will allow states to submit names of new low-income Medicare beneficiaries more than once a month. Government officials will be required to process the submissions within one day. Insurers that deliver drug benefits, must also provide drugs at a minimal costs of all low-income Medicare beneficiaries who have qualified for additional assistance. Plus, if a beneficiary claims eligibility, but doesn’t have the proper documentation, or is soon to run out of medication, federal officials are required to immediately contact the state Medicaid agency to confirm their eligibility.

The settlement agreement is a great win for many of the United States most vulnerable citizens who face life-threatening delays in obtaining vital medications. Because of the class action lawsuit, it is now easier for the poorest beneficiaries to navigate Medicare Part D.

What was the Class Action that Challenged the Abortion Issue?

Class action lawsuits are more common and issue inclusive than what many people realize. Many major Supreme Court cases have their origins in class action law, and the abortion issue is just one of them. One of the largest and most socially impacting pieces of legislation to be written in this country began as a class action suit that challenged the abortion issue. One of the most fundamental class actions suits related to abortion dealt with legislation involved with the 1973 Roe vs Wade Supreme Court case. The origins of this situation would not only become a class action suit be go on to manifest one of the most important and continually protested progressive legal outcomes in this country.

This original situation was based on a woman in Texas, Norma McCorvey, who became pregnant and wanted to have an abortion. During the 1960s many states across the country had begun to legalize abortion, while others, such as Texas, kept it illegal except in the case where it would threaten the life of the mother. Many women who became pregnant in these states would travel to an abortion providing state to secure their services. However, in the case of McCorvey, she became pregnant, wished to terminate it and did not have the financial resources to go to a state that could provide the abortion. This was a common situation faced by many women in abortion-restricted states. McCorvey was referred to an attorney in Dallas and her case was combined with that of a married couple. This couple had declared that abortion interfered with their marital relations because the wife could not use birth control for medical reasons.

These two cases formed the base of the class action suit that would eventually reach the Supreme Court and become the landmark legislation that gives women across the country the uninhibited right to legal physical autonomy. Abortion has been an extremely heated and frequently controversial political and social issue in this country every since it was originally transferred into the mainstream medical system. In addition to the numerous ongoing legislation battles over the issue there have also been a large number of lawsuits and various health care and social service providers have been involved. There has also been multiple class action lawsuits established that relate to the abortion issue.

How Do I Register for a Class Action Lawsuit for Contaminated Water in USMC?

Class action lawsuits can be some of the most fascinating legal actions in contemporary times. Because the nature of these suits affect a large number of people by definition, they also tend to attract an awful lot of media attention. They speak to the underdog in all of us, and they can also appeal to our universal need to come across unpredicted sums of money. Usually they involve being exposed to something unhealthy, against our will, so anyone could potentially be a victim if they were unfortunate enough to be at the wrong place at the wrong time. This is certainly what’s happening with Camp Lejeune, and here we’ll discuss your options if you feel you might have been affected.

The case is revolving around water contamination. The Marine base at Camp Lejeune was connected to water sources that are now known to have been contaminated, with a level of toxic solvents that made it unsuitable for human consumption. This happened between the years 1957 and 1987, so it was something that was a considerable health risk for 30 years, and the toxins have been linked to birth defects and cancers. To make matters worse, it seems as though there is evidence that it was known to be toxic in the early 60s, and so much of the damage could possibly have been prevented.

Some say that this is the worst case of contamination in history, and there were thousands and thousands of military people, their families, and residents who were exposed, and the numbers could come close to one million. This class action suit is a very hot topic, then, and there are many ways to investigate to see if you might be eligible to register in the class action. The main offices in charge of the suit are North Carolina’s Anderson Pangia and Associates, and Pennsylvania’s Smorto, Persio, Webb and McGill. Contacting them could be a good first step, or you could also contact any experienced attorney that you trust, and they can help put you in touch with the right people.

Please note:  This is an informational site.  We do not sign people up for lawsuits.

What Happens to Class Action Against John O’Quinn?

Class action lawsuits may not be the most exciting way to spend a day in court, but they certainly make for great stories in the headlines.  In class action suits, a large number of people who have been injured or otherwise adversely affected by the actions of a company are brought into the legal process as if they were a single entity.  Cases like the thousands who have suffered from asbestos coming to get at least part of their just rewards, appeals to the underdog in us all, and the outcomes of these cases are often spectacular things to see.  However, in the case of John O’Quinn, the outcome of the class action lawsuit against him was a little less exciting, because it is still so bogged down in legal terms.

In a nutshell, this prominent Texas lawyer made a career and a substantial fortune, by helping those who were mistreated in breast implant cases, from big tobacco companies, and medical facilities.  Many of the cases he took have iconic places in the U.S. pop consciousness as big offenders in our lives, and his excellent record of winning cases helped to boost our sense of worth and value, or at least helped to take away some of the powerlessness we feel at the foot of these giants.

In an interesting turn of events, however, for one of his cases, in which he won against a silicon company on behalf of thousands of women, it was discovered that he had overcharged his clients.  This was in 1999.  They, in turn, formed another class action suit against O’Quinn, for damages and for overcharging.  Their suit won, and in 2007 he was paying a large portion of his won winnings from the case, for their settlement.  The portion was still only somewhere around 10-20 percent of his gains, but still signifies a substantial amount.  This is even more interesting in light of the recent death of John O’Quinn in a car crash in October, 2009.  The other man in the car, Johnny Cutliff, also died in the crash, and his estate is now suing O’Quinn’s estate, in an endless circle of litigation.  It’s always interesting to see how class action suits play out, and this is a life of class actions, the results of which continue to unfold even after the life has passed.

 

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