Tag: how to

Accutane: Drug Overview

Accutane Drug Toxic Chemicals

Free Case Evaluation From An Experienced Drug Liability Attorney.

Accutane: Drug Overview

Accutane (generic isotretinoin) is a form of synthetic vitamin A used to treat serious forms of cystic acne that will not respond to other treatment. The Accutane claim is that it sometimes permanently clears serious acne after a few months of treatment, while other treatments are only effective as long as they are continued. Accutane decreases the amount of oil (sebum) produced by the oil (sebaceous) glands in the skin and increases the rate at which the skin is renewed.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
Accutane is manufactured in the US by Hoffman La Roche, part of “The Roche Group,” a leading international pharmaceutical company with subsidiaries active in 150 countries. Accutane was approved by the FDA (Food and Drug Administration) in June 1982, and by 2000 Hoffman La Roche reported that 5 million people in the US and 12 million worldwide had taken the drug, most of them young adults.
Within a year of the FDA’s approval reports began to come in of serious deforming birth defects in children born to women using Accutane. Within 3 years of the FDA approval reports, other alarming side effects, including depression and seizures, began to come in. There were reports of several suicides in patients taking Accutane. Later reports of severe cases of inflammatory bowel disease and pancreatitis were reported.
The FDA has required several increased levels of warnings about side effects and Hoffman La Roche has designed two programs to reduce the number of pregnancies in women using Accutane that were not successful, followed by an equally unsuccessful FDA program.
Check out the following articles for more information about Accutane, filing an Accutane lawsuit and finding an Accutane attorney.
For more information about Accutane side effects, see Accutane Side Effects – Inflammatory Bowel Disease, Suicide & Birth Defects .
For more information about Accutane updates, see Accutane Information and Warnings.
If you would like to learn more about Accutane lawsuits, see Accutane Lawsuits, Litigation & Lawyers.
To learn more about Accutane attorneys and how to find one, see Hiring an Accutane Attorney and Lawyer
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

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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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How do I prove a whiplash injury when it does not appear on x-ray?

Neck Injury No Xray Injury Law

How do I prove a whiplash injury when it does not appear on x-ray?

“When you have symptoms of whiplash, it is important to seek medical attention from a provider who understands neck and spine injuries. Although they are often valuable tools, x-rays rarely show abnormalities related to muscular strains or issues involving the ligaments. Other diagnostic tools, such as Magnetic Resonance Imaging (MRI), infrared scans, EMGs, CT scans and myelograms may be necessary to figure out the underlying conditions that are causing your pain and discomfort.

Even when symptoms of whiplash or other “soft tissue” injuries do not appear on objective test results, a medical provider who has experience with soft tissue injuries can help find the cause of your symptoms as well as the seriousness of your injury. An attorney with accident-related neck injury will know how to use the medical information related to soft tissue injuries to prove your case. “

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How to get around obstacles (other marks found on the register)?

Trademark Obstacles Trademark Law Intellectual Property

How to get around obstacles (other marks found on the register)?

Trade one of your marks for the mark sought.

Buy the mark.

Buy a license to use.

Buy a “consent to use.” This may also be worded as an agreement not to sue. (Although this may not be adequate to permit you to obtain a U.S. registration because the Trademark Office is not required to accept it, it will be useful assurance to your client that it may use the mark without fear of action by its owner.)

Act to cancel the prior user’s mark.

Buy a similar earlier registration for leverage against your main obstacle.

Change your name. Small changes may suffice. The addition of a word. If the prior user’s mark is geographically limited you may be able to pick up the rest of the country. Misspellings will not suffice.

However, if a mark is important to you it is prudent to act quickly

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How to “police the mark”?

Trademark Police Trademark Law Intellectual Property

How to “police the mark”?

(1) Employ a professional “watch” organization or your trademark lawyer to review trademarks being published for opposition in the Trademark Office and notify you of similar marks.

(2) Ask your employees, friends and customers to report any similar marks.

(3) Issue demand letters to those who are using similar marks and sue them if they do not discontinue their infringing behavior. The seizure of infringing goods may also be an available remedy. CAUTION: Make a careful investigation to make sure the party you are about to accuse of infringement does not have prior and superior rights to yours.

(4) File your trademarks with the United States Customs Office. Customs will prevent infringing goods from entering the country.

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What is mold?

What Is Toxic Mold Injury Law

What is mold?

Mold is a fungus from the same family that brings you yeast and mushrooms. It’s been around for ages. There are thousand types in the environment we live in, most go largely unnoticed, causing no problems. Some cure illnesses (penicillin), some ripen Brie and Camembert cheese, and still others develop the flavor of Sauvignon Blanc grapes. Others grow on our shower curtain, between bathroom tiles, underneath the sink, or lightly colonize on our cereals, breads, and fruit.

To grow, molds need a moist, relatively warm environment. They also need a food source, which is where your carpets, ceilings, lint, drywall, wallpaper, leather, clothing, insulation come in, serving as good nutrient source for growth. Though it is everywhere, not all types and levels are detrimental to property or individuals. The EPA puts out an excellent publication for homeowners and renters on how to clean up residential mold.

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Dog Bite Injuries: How a Lawyer Can Help

Dog Bite Lawyer Injury Law

Dog Bite Injuries: How a Lawyer Can Help

Many people believe that dog bite injuries may not require the assistance of a qualified lawyer. In reality, nothing could be further from the truth. So, how can a qualified lawyer help? Read on.
Collecting valuable information
Steve Recordon, a California attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites, says that, in his experience, hiring an attorney right away in a dog bite case is very important because valuable witness information can be lost with the passing of time. He told us, “An experienced attorney can deal with witness statements, get the medical documentation together and verify lost wage information and other elements of damage – which can be daunting tasks in and of themselves. The attorney does this day in and day out and knows how to do it. He’s going to do a better job at it.”
Going toe to toe with insurance lawyers
Recordon also says that making sure you have someone on your side to go toe to toe with the insurance company’s lawyers is crucial. He explained:
One thing to bear in mind is that the insurance company, if there is one, will have an attorney on their side. So, it’s important that you are represented as well, so that the attorneys can deal with each other on that level – especially since the investigation starts immediately after the bite.
The adjustor is paid by the insurance company and they’re in business to make a profit. His job is to pay out as little as possible on a claim. Although the adjustor may seem really nice the victim may think that he or she will be treated fairly, the reality is that it’s a business and the adjustor is hired to do a job, which is paying out as little as possible. If that job is not done, it could get him fired.
So, they’re not there to do you a favor. They’re there to protect their own employer, which is the insurance company. An experienced attorney can also deal with witness statements, get the medical documentation together and verify lost wage information and other elements of damage – which can be daunting tasks in and of themselves. The attorney does this day in and day out and knows how to do it. He’s going to do a better job at it.
A common misconception
Dog bite victims often think that if they represent themselves, they’ll get more money in the end because they won’t have to pay an attorney. However, Recordon says that exactly the opposite is true.
What happens in reality is that when the insurance company is dealing with someone who’s not represented, the victim tends not to get anywhere close to the amount of money that they would net with an attorney’s representation. The difference in knowledge, putting the case together and preserving the evidence is huge. There’s just no way that someone who isn’t skilled, experienced and has handled these cases for many, many years can come anywhere close to getting the same net amount out of the insurance company.
If you’ve been injured due to a dog bite, contact an attorney whose practice focuses in this area of law to discuss your situation. Consultations are free, without obligation and are strictly confidential. To speak with an experienced attorney, please click here.

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My 60-year old father was in a serious rollover accident while driving his SUV, and his leg was badly crushed. His doctor says it will be years before he can walk again. How will the value of his case be assessed? Is age a factor?

Pain Suffering Age Factors Injury Law

My 60-year old father was in a serious rollover accident while driving his SUV, and his leg was badly crushed. His doctor says it will be years before he can walk again. How will the value of his case be assessed? Is age a factor?

Your father’s accident was tragic and it is unfortunate that his recovery will be so long and arduous. The best our legal system has to offer him is financial compensation. Your father will be entitled to economic damages and non-economic damages. Economic damages are usually easy to quantify, and cover such things as lost wages, medical bills, transportation costs, property damages, etc. Non-economic damages include inconvenience, and pain and suffering. There are also punitive damages, which could be assessed in this case if the manufacturer of the vehicle is found liable. Punitive damages are to punish the negligent party.

Your attorney will pour over the facts to determine who is responsible for the accident and sue the appropriate party or parties. Medical bills and doctors’ reports will be provided to the responsible parties. Your attorney may hire an economic expert to determine what your dad’s lost earning capacity will be, depending on whether or not he was still working at the time of the accident, and whether or not he will be able to one day work again. The responsible party’s attorney will likely take your dad’s deposition (testimony under oath) to find out more about him and to test his credibility.

Is age a factor? Absolutely, and here is how it applies. In general, and with all things being equal (which they rarely are), a 40 year old will have a more valuable case than a 60 year old simply because he has a longer work-life expectancy. Comparing two 60 year olds, employment vs. retirement is a key factor; the one who is employed has a higher value case assuming his employment will be impacted by the injury. Attorneys and economic experts use life expectancy tables and work life expectancy tables as tools to help them with these questions.

Beyond all of the economic damages, your father will be entitled to money for his inconvenience and his pain and suffering. This is not easy to quantify, and attorneys and insurance companies look to other similar cases to compare and contrast the facts of your case.

Since we don’t have all of the details about your father’s case, let’s look at a hypothetical case, and you will get an idea of how these types of injuries are valued. Suppose, for example, that the same injury occurred involving a 60-year-old retired mid-level business manager. He is unmarried and lives in a house. His attorney is suing the vehicle manufacturer and the other driver.

Economic Damages
Dr. bills to date $ 24,000
Ambulance$ 450
Hospital$ 31,000
Medicine$ 3,500
Future (est.) dr./rehab. bills$ 50,000
Future (est.) medicine$ 38,000
Lost wages/lost earning capacity $ 0
Home medical caretaker (est. 2 yrs.) $ 48,000
Gardener/housekeeper (est. 5 yrs.) $ 160,000
Potential total economic damages$ 354,950
Non-economic damages
Inconvenience, pain and suffering $550,000-$700,000
Total Settlement Range $900,000-$1.1 mil

This is an example of a possible calculation of a settlement based on fictitious facts and figures. Your individual case may vary from this substantially.

If you lived in Los Angeles, the amount might be significantly higher. If you lived in Jackson, Mississippi, it could be much lower. In addition, as indicated above, some states have put a cap on non-economic damages and the amount for inconvenience and pain and suffering would be limited.

For information on how to value your specific claim, and to find out if your state has a limit on non-economic damages, contact a personal injury attorney in your area.

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I am a 28-year-old auto mechanic and the sole support for my wife and two young children. I was hit by a drunk driver and permanently paralyzed from the waist down. Will a settlement factor in my inability to work at my previous job and also the the high likelihood that I will not be able to earn as much now?

Personal Injury Settlement Lost Wages Injury Law

I am a 28-year-old auto mechanic and the sole support for my wife and two young children. I was hit by a drunk driver and permanently paralyzed from the waist down. Will a settlement factor in my inability to work at my previous job and also the the high likelihood that I will not be able to earn as much now?

It is difficult to state with certainty how your particular case will be assessed. Your settlement will compensate you for the fact that you will have to change occupations, but only to the extent that your new occupation is lower paying and that you may not be able to work as long due to your disability. Here is an example with some fictitious figures and facts that might help:

Suppose John is in the same situation. He was in the hospital following the accident for 6 weeks until he could come home. He is permanently in a wheelchair and, even though he can move his upper body, he can no longer perform the functions required of a mechanic, like bending and crawling under cars. He is a gifted mechanic and would like to somehow stay in the business. He also has a wife and two young children, ages 3 and 5. His wife does not work outside the home. Now there won’t be any chance of her going to work because, at least for the time being, John will need care 24/7 for at least 6 months, unless they hire someone to provide home care. John’s lost earning capacity less the amount of money he eventually may be able to earn in a different job will be part of his economic compensation. It is speculative, because no one knows what kind of job John will end up with ultimately. Loss of earning capacity also takes into account one’s age, level of education, skills, experience and previous employment history. An attorney or forensic economist would use work-life expectancy tables to determine how long a work life John will have based on analysis of normal life expectancy and reduced life expectancy. Here are some sample figures:

Economic Damages
Hospital/Medical bills$ 124,000
Wage loss for 6 weeks in hospital$ 6,000
Medicines (including future)$ 90,000
Lost earning capacity (over normal work life to age 65 adjusted for inflation & for ed., skills, etc.) $2.22 mil
Less salary he will earn in future (e.g., managing auto shop front office to age 50) ($ 880,000)
Difference in retirement and benefits$ 650,000
Home medical care if wife has to work (less wife’s income as teacher)$ 896,000
Home medical care if wife doesn’t work $1.6 mil
Social Security Disability Insurance (until able to work–about 6 months)$ 5,200
Social Security Disability Insurance income (if working in other occupation) $ 0
Potential total economic damages$3,815,200

Non-economic Damages
Loss of consortium$ 500,000
Inconvenience and Pain and Suffering$5 mil – $8 mil

Total settlement range $9.3 mil – $12.3 mil

Please note that John’s wife may also sue for loss of consortium. Again, this is based on limited information and is an example of a possible calculation of a settlement based on fictitious figures and facts. Your individual case may vary from this substantially.

If you lived in Louisville, Kentucky, the amount might be substantially lower than if you lived in Boston. In addition, some states have put a cap on non-economic damages and the amount for loss of consortium, inconvenience, and pain and suffering would be limited.

For information on how to value your specific claim, and to find out if your state has a limit on non-economic damages, contact a personal injury attorney in your area. Economic damages when long-term earning capacity is at stake can be tricky. Be sure your lawyer has experience in this area.

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