Paxil Lawsuits, Litigation & Lawyers – What You Should Know

Paxil Lawsuit Drug Toxic Chemicals

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Paxil Lawsuits, Litigation & Lawyers – What You Should Know

The antidepressant drug Paxil, manufactured by the pharmaceutical giant GlaxoSmithKline, has been the target of litigation for a variety of injuries including acts of violence, suicide, and serious withdrawal symptoms. When birth defects were discovered to be a Paxil side effect, Paxil lawsuits were filed for those injuries as well.
Suffered harm from Paxil? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. The first lawsuit against Paxil’s manufacturer, GlaxoSmithKline, for a child born with persistent pulmonary hypertension (PPHN), a life-threatening lung condition that can cause serious permanent damage in infants who live, was filed in 2006. Other lawsuits involving babies born with heart defects were filed against GlaxoSmithKline in 2006 and 2007. In all of these cases the mothers had taken Paxil during their pregnancies.
Several Paxil lawsuits have been filed to recover damages for patients who committed suicide while taking Paxil. For example, a Paxil lawsuit was filed in California in 2005 by the grandparents of a 20-year-old man whose symptoms worsened after taking Paxil, until he committed suicide. This Paxil litigation argues that the manufacturer, GlaxoSmithKline, failed to adequately warn about the dangers of increased suicidal thoughts and behavior in patients taking Paxil.
Several Paxil class action lawsuits have been filed to recover damages for injuries caused by this drug. One class action in California has alleged that Paxil causes severe withdrawal symptoms and that that the manufacturer, GlaxoSmithKline, concealed information about those Paxil side effects from the public. The causes of action in that suit include fraud and deceit, negligence, strict liability, breach of warranty and implied warranty. GlaxoSmithKline has settled several Paxil lawsuits, but critics have complained that the settlements have prohibited plaintiffs from revealing information that is needed to ensure people are compensated for the harm done by Paxil.
GlaxoSmithKline has also been accused by governmental entities of illegally interfering with the release of a generic version of the same drug as Paxil, and causing states to pay more for the drug in their health programs. In March 2006 GlaxoSmithKline agreed to pay $14 million in settlement of the dispute, to be divided among the states affected.
Check out the following articles for more information about Paxil, filing a Paxil lawsuit and finding a Paxil attorney:
For more information about Paxil, see Drug Overview: Paxil Side Effects and Claims
For more information about Paxil side effects, see Paxil Side Effects – Suicide, Birth Defects & Death from Coronary Artery Disease
To find out more about the FDA warning, see Paxil Side Effects and Risks
For more information about Paxil updates, see Paxil Information and Warnings
To learn more about Paxil attorneys and how to find one, see Hiring a Paxil Attorney and Lawyer
Suffered harm from Paxil? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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Jury Awards Accutane Victim $10.5M for Pain & Suffering

Jury Awards Accutane Victim 10 Million Drug Toxic Chemicals

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Jury Awards Accutane Victim $10.5M for Pain & Suffering

A jury awarded a 24 year old Utah woman $10.5 million for the pain and suffering she went through
after using Roche Holding AG’s Accutane to combat her acne problems. The drug caused her to lose
her colon. The company reportedly faces hundreds of lawsuits for adverse side effects related to
the drug.

The case

A 24 year old Utah woman’s doctor prescribed Accutane to help combat her persistent acne
problems. She had been taking the drug over a seven year period. The drug’s side effects caused
problems with her bowels and she eventually had to have her colon removed. A jury awarded her
$78,500 for medical bills and $10.5 million for the pain and suffering she experienced as a result
of the drug’s side effects. The judge in the case refused to allow punitive damages.

Hundreds of lawsuits filed

According to news reports, hundreds of lawsuits have been filed against the Switzerland based
company over Accutane – a synthetic form of vitamin A used to treat serious forms of acne that can
cause scarring. Reported side effects from the drug, which has been on the market since 1982,
include bowel disease similar to the case above, birth defects, and depression that may result in
suicidal behavior. In addition to the lawsuit described above, others have gone to trial and
juries have awarded plaintiffs close to $10 million combined.

Examples of other lawsuits include those filed by:

A 33-year-old mother who suffered severe depression when she took Accutane and had a child
with severe birth defects

The family of a 15-year-old boy who crashed a small plane into a Tampa skyscraper after
taking Accutane for 8 months

The family of a 14-year-old who took Accutane and was killed when he stood in front of a
commuter train next to the Palo Alto High School football field

The family of a 22-year-old Virginia man who committed suicide while taking Accutane

The family of a 21-year-old woman who attempted suicide while taking Accutane

A 28-year-old man who had most of his colon removed as a result of inflammatory bowel disease
contracted after taking Accutane

If you or a loved one has been injured due to the side effects that are now becoming known
about Accutane, contact an attorney whose practice focuses in this area of the law. Consultations
are free, without obligation and are strictly confidential. To contact a qualified attorney,
please click here. We may be able to
help.

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How to search a trademark?

Search Trademark Trademark Law Intellectual Property

How to search a trademark?

You can try to search for a trademark on your own to see if any obvious problem pops up as a first step, but if you expect your business or product to become major, and the name will be important to you, you’ll want to retain an experienced trademark lawyer to do it the right way.

If you wish to proceed on your own, the sources you should check include:

(1) Lexis, Dialog or other computer services which provide on-line searching

(2) The Federal Trademark Register, a book, published yearly, which lists all federally registered trademarks (as of the book’s publication date – which means the information is rather stale). Such a search will not pick up the second word of combination marks, nor common law marks. Computer searches are more up-to-date and useful

(3) All telephone books in your area and in major cities. Using a CD-ROM of business names is more up to date and comprehensive

(4) Trade journals from your industry

(5) Trade Associations, which sometimes maintain lists of trademarks in their industry. For example, Pharmaceutical Manufacturers Assn., Tobacco Merchants Assn.

(6) State and local assumed name certificates and doing business as filings.

(7) Corporate registers in your state and the other 49 states. Please note partnerships, LLPs, LLCs may be listed on separate registers and a corporate name search may not turn up all company names which are registered.

(8) Do a full search using a professional search organizations and an experienced trademark attorney. Such an attorney or organization will search for Federal register and trade journals, telephone books and other “common law” sources. You should also consider searching state trademark registrations and corporate names on the records of each of the fifty states. An experienced trademark attorney is necessary to give you a reliable opinion on just how strong an obstacle may be. There are many ways around an obstacle, and whether or not you can beat a mark which is close, requires an experienced opinion.

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I suffered from neck pain prior to getting in an auto accident. Will my pre-existing pain make a difference?

Neck Previous Pain Injury Law

I suffered from neck pain prior to getting in an auto accident. Will my pre-existing pain make a difference?

It might. Generally, a person who is negligent or careless is responsible only for the harm he or she caused. That means that you have to prove there was negligence and that the negligence caused your current neck injury, or part of it.

However, if you can prove that the accident made the injury worse, you can collect for the degree to which the condition has been made worse. Additionally, if you had a previous neck injury and are more susceptible to injury and the new accident causes the pain to return or aggravates the old injury, then you can recover for your injuries as though this were a brand new set of injuries. This is known as the “eggshell plaintiff” rule, which basically means that even if the victim (you) is unusually susceptible to injury, whoever is responsible for the accident is responsible for the damages, no matter how great or unforeseeable the damages may be. For example, if you had a previous neck injury and you’re free of pain, but another slight bump could permanently disable you, if someone negligently crashes into you, that person will be liable for your full damages, even though they had no way of knowing your condition was so fragile.

You should work with your attorney and medical providers to make sure everyone has as clear an understanding as possible of the portion of your neck pain that the accident caused. That way, you have the best chance of getting paid for the full value of any new or aggravating injuries. You can also have a free case assessment by completing our case evaluation form.

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What are the liability issues involved in a mold case?

Mold Case Liability Issues Injury Law

What are the liability issues involved in a mold case?

The most common “theories of liability” that an attorney would look at in a mold cases might include:

· Negligence – where the plaintiff must establish that a defendant’s (or more than one defendants’) failure to live up to a responsibility (also known as a “breach of a duty”) caused the damage. When someone has been careless and has caused injury or costly damages to another person, they can be held responsible for the damage or injury under a “negligence” theory. In a mold case, an example of negligence might be if a subcontractor left wood or paper-coated sheet rock building supplies out in the rain, then used the still-wet supplies to construct the foundation or inner walls of a house, leading to a serious mold problem.

· Breach of contract – an example would be claims against contractors, architects and builders for construction defects that would not be reasonably expected based on your agreement with them. For example, when you contract with a builder to follow an architect’s plan to construct your home but the builder cuts corners on the plan, leading to a method of construction that causes a mold problem, this is likely a violation, or “breach,” of your contract by the builder. Or if your contract with a builder states specifically that your walls will be built out with Dens Glass Gold sheet rock, which has a moisture-proof coating, but the builder uses a different and inferior gypsum board that becomes moldy from exposure during the construction of your home, you would also have a breach of contract claim.

· Breach of warranty (express or implied) – claims for breach of express warranties are contract claims that focus on the terms and conditions of the contract involved. For example, if a contract between you and a builder states that the builder warrants that the finished construction product will be “free from defect,” but it turns out a construction method has resulted in gaps in your siding that cause mold in your walls, this is a breach of an express warranty. Breach of implied warranties are based upon the idea that a house or building was designed and is usable for its intended purpose. For example, if you hire an architect to design your home and the architect’s design includes a type of flat roof that is inherently prone to serious and damaging leakage, and the roof does leak, you likely have a claim for a breach of implied warranty because it is implied in the contract with an architect that the roof he or she designs will be usable as a functioning, non-leaky roof.

· Fraudulent misrepresentation/concealment – in a sale of real estate, the seller has a duty to disclose latent defects to the buyer which are known or should be known and that are not necessarily discoverable to the buyer upon reasonable inspection. This duty also extends to a realtor when known conditions are not disclosed or are concealed. For example, if the sellers of a house know of a serious mold problem such as the presence of fungi and black within the main walls of a house but there are no outward signs at all of this hidden problem, the sellers, and the sellers’ realtor, must disclose this problem to potential buyers or be at risk for a claim against them for fraudulent misrepresentation once the problem is discovered. The sellers and realtor could also face a fraudulent concealment claim in the case where outward signs of mold, such as damages sheet rock, are replaced and painted-over, to hide the underlying problem without fixing it. An attorney can advise you as to what types of claims you may have that are worth pursuing. You should contact an attorney as soon as possible, since each state limits has a statute of limitations which limits how long you have to sue. If you would like an experienced lawyer to assess your case at no cost or further obligation, please fill out Free Advice’s case evaluation form, and an attorney will contact you directly.

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What if I license others to use my trademark?

Trademark Licenses Trademark Law Intellectual Property

What if I license others to use my trademark?

The licensor of a trademark should also require that its licensee clearly and frequently declare the license relationship on packaging and advertising materials. For example, “Manufactured by XYZ Co., under authority of ABC Co., owner of the trademark DEF.”

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What may not serve as a trademark? What is not registerable?

Trademark Not Register Trademark Law Intellectual Property

What may not serve as a trademark? What is not registerable?

Certain words or symbols cannot be appropriated as a trademark, and may not be registered under the Federal law known as the Lanham Act. These are outlined below.

(a) Generic words (the common name of a thing, such as “piano”, “concrete”, “cigarette”, “copy”, “car”)

(b) Descriptive marks that merely describe a product or service that have not achieved recognition as functioning as a trademark (trademark practitioners call such recognition “Secondary Meaning” and the term is fully explained below). Descriptive marks may be registered on the “Supplemental Register” and then moved onto the principal register after secondary meaning is acquired.

(c) Geographically descriptive marks, for example, the name of any state, city or foreign nation. You may register such a mark if it is not generally identifiable as a source of the goods, or if you build secondary meaning over time through sales and advertising.

(d) Primarily merely a surname, except if you build secondary meaning over time through sales and advertising.

(e) Deceptively misdescriptive marks

(f) Immoral or deceptive marks

(g) Scandalous, immoral or used in a disparaging matter – For example, is the trademark “Redskins” owned by the Washington Redskins professional football team scandalous or disparaging to American Indians? The word “Senussi” was rejected for cigarettes on the grounds it is the name of a Moslem religious sect.

(h) Disparaging words

(i) Suggesting a false connection with persons, institutions, beliefs or national symbols.

(j) Flags, coats of arms or other insignia of the U.S.

(k) An individual without his consent

(l) A deceased President, while the widow is still alive

(m) Trade names, unless used on goods or services in the same way a trademark is used

(n) Certain words and phrases covered by Special Statutes providing for exclusive use by certain organizations, such as trademarks of the Boy Scouts, the American Legion, the Veterans of Foreign Wars and the Daughters of the American Revolution and any symbols of the “Olympics”.

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I have a standard homeowners insurance policy (HO-3). Surely it will cover my costs related to a mold problem?

Standard Insurance Cover Mold Injury Law

I have a standard homeowners insurance policy (HO-3). Surely it will cover my costs related to a mold problem?

Don’t count on it. Most major homeowners insurance providers today exclude mold from standard policies, which means your pocketbook is threatened.

Whether mold contamination is covered under your policy will depend on the specific policy language and the cause of the contamination. Most insurance property policies are “specified peril” policies which means that you have to prove that the mold resulted from a covered loss (listed as a “listed peril”) (i.e., your roof was damaged and rain came in, a water pipe leaked). The costs of cleaning up mold after a fire are covered under the peril of fire, for example. But mold that is not part of a water damage claim, such as mold that has grown over years, would not be covered. If not, it is considered a home maintenance issue, like termites.

If your policy is an “all risk”, the ball is in the insurer’s court because it must show that the cause is excluded from the policy.

Most policies have a Rolodex of exclusions for damage caused by rot, pollution, wear and tear, deterioration, construction defects, and so forth. (An “exclusion” is a statement in an insurance policy which describes a condition or type of loss that is not covered by the policy.)

If the mold contamination developed because of water damage that is covered, your insurer may cover the cost. But expect a fight over identifying the most important cause of the mold contamination: is it covered or excluded? Read your policy.

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What is secondary meaning?

Secondary Meanings Trademark Law Intellectual Property

What is secondary meaning?

Secondary meaning arises when consumers have come to identify a trademark with you over time. In that case a descriptive mark that you would not have been able to register initially may achieve trademark status and be subject to registration, at some time in the future, after sufficient use has been made to prove secondary meaning.

A trademark attroney can assist you to gather the evidence that may be necessary to prove sufficient to meet the threshold required to establish secondary meaning. That may consist of advertising and sales volume, or consumer surveys. For example, KOOL menthol cigarettes, BUFFERIN for buffered aspirin and CHAP STICK for a lip balm were all descriptive, but ultimately achieved registration.

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Is there a danger that my mark can become “generic”?

Generic Trademark Trademark Law Intellectual Property

Is there a danger that my mark can become “generic”?

Yes. It is desirable to use a generic name with your trademark (for example XEROX photocopies, KLEENEX tissues). It is also advisable to declare the ownership of each trademark when joint promotions are carried by separate companies. For example, “MICKEY MOUSE is a Registered Trademark of the Walt Disney Company. RONALD McDONALD is a registered Trademark of McDonalds Corporation. FreeAdvice is a trademark of Advice & CounselT”.

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