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Posted by on Jan 5, 2015 in Car Accidents | 0 comments

No Christmas Cheer this Year for Some

A lot of car accidents occurred this holiday season that is sure to put a crimp in the festivities for those involved. At the very least, parties to the accidents are facing a frustrating time filling out forms and making claims for property damage. At worst, some families may be spending the holidays in hospital waiting rooms or in funeral homes.

Car accidents happen all the time, but most especially around holidays. With Thanksgiving, Christmas, and the New Year all clumped together, more people are on the road going to or coming from parties, and those who have had a convivial time are the most likely to get into an accident.

In Massachusetts, for example, the car of an unlucky 60-year-old driver involved in a three-way fender bender along Interstate 90 was hit by an inattentive truck driver who plowed into the parked vehicle even as the first accident was being investigated by state troopers. The driver was seriously injured while his female passenger died on the scene. As described on the website of personal injury law firm Crowe & Mulvey, LLP in Boston, the facts of the case indicate that the injured driver was a victim of negligent driving in the second accident.

In Kentucky, numerous car accidents were logged on the highways for the holiday break, many because of the unseasonably wet weather but mostly only resulting in property damage. A notable exception is the tow truck driver who was hooking up an abandoned vehicle on the side of Interstate 495 when a box truck hit and killed him instantly. The box truck driver was charged for reckless driving and other violations of commercial trucking safety regulations. A Louisville car accident lawyer would have to be consulted for civil action against the negligent driver and trucking company.

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Posted by on Jan 4, 2015 in Criminal Charges | 0 comments

Implied Consent and DUI Defense

If you are facing criminal charges in any state, it is extremely important that you get legal representation right away because you may inadvertently subvert your defense by saying or doing something wrong. However, it is not enough that you get a lawyer; you should get a lawyer practicing in the relevant state.

Why is this important? In the US, each state has its own set of laws that may be similar but not the same as in other states, and this difference can spell the difference between a conviction and a dismissal. A very good example of this is the implied consent law as it pertains to driving under the influence (DUI), driving while intoxicated (DWI), or operating while intoxicated (OWI). The term changes as well from state to state, but they all more or less mean driving while impaired from excessive consumption of alcohol or other intoxicating substance.

Implied consent is generally defined in this context as the agreement of any driver that goes on public roads to submit to sobriety tests i.e. blood testing when there is probably cause for it i.e. erratic driving without requiring the law enforcement officer to explicitly ask for it or to have a warrant in evidence. Most states have what is called an implied consent law that levies automatic penalties for those who refuse to submit to sobriety tests when required, according to the website of Mark Lassiter, Attorney at Law. But not all states have implied consent laws, and not all of those that have it can enforce it without question.

In Texas, for instance, the appeals court ruled that the state’s implied consent law is unconstitutional and any evidence gathered in tests taken without the explicit consent of the defendant was not admissible in court. The law is still there, but unless the Supreme Court reverses that ruling, it cannot be enforced. A Dallas DUI lawyer would find this a very interesting development.

In Iowa, on the other hand, the implied consent law is enforced. Its constitutionality in that state at least has not yet been brought into question. It can be scary to be brought up against OWI charges but more so if you are in the dark. For any success in emerging unscathed, you need to have an experienced criminal defense lawyer by your side.

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Posted by on Jan 2, 2015 in Defects in Pharmaceuticals | 0 comments

Update on Granuflo Lawsuits

There are more than 5,500 Granuflo lawsuits filed against German manufacturer Fresenius as of July 2014. More than 2,000 of these lawsuits with similar assertions have been consolidated into multidistrict litigation (MDL No. 2428, In re Fresenius GranuFlo/NaturaLyte Dialysate Litigation) under U.S. District Judge Douglas P. Woodlock in the District of Massachusetts by November 2014 and the first two bellwether trials have been scheduled for January 11 and February 16, 2016.

Dry acid concentrate Granuflo and its liquid counterpart NaturaLyte are solutions that are used in dialysis, a procedure undertaken to remove waste and toxins from the blood of individuals suffering from kidney failure. Granuflo side effects that pose danger to patients is associated with the higher-than-average amount of bicarbonate produced with the use of solution, which in turn can cause severe cardiovascular problems. Plaintiffs allege that Fresenius knew or should have known about this risk and failed to warn doctors and patients about it.

In fact, it is turning out that Fresenius was aware of the danger because an internal memo dated November 2011 surfaced which warned Fresenius Medical Care clinics about these dangers from overdosing with Granuflo and NaturaLyte. However, this information was not circulated to non-FMC clinics until March 2012. The Food and Drug Administration (FDA) circulated a warning to the medical community and products recalled in May 2012.

Soon after, the first lawsuits began to be filed by those who suffered injury or by family members of a patient who suffered a fatal cardiovascular event, alleging that it had been caused by using the product. According to the website of law firm Williams Kherkher, there are other side effects that may provide a basis for a product liability lawsuit against Fresenius such as metabolic alkalosis in the future. It will depend on developments in the medical and legal investigations.

Fresenius has not extended any settlement offers to plaintiffs, but legal experts anticipate that this will be a distinct possibility after the bellwether trials have been conducted. If you have been injured from Granuflo side effects, you could be eligible to seek compensation from Fresenius as well. Contact an experienced Granuflo lawyer in your area for more information.

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