New Report Recommends The Withdrawal Of Diabetes Drug Avandia From The Market

July 9th, 2010

There are several controversial drugs out there today. Sadly, the FDA has approved many of these drugs. Then later on the present their negative effects causing people to question whether or not enough research was put forth initially to determine the safety of the drug. Avandia is one of these drugs in question. This type 2 diabetes has been recommended to many patients. And the FDA says that it is the safest form of medication that a patient can take. However, at the same time, the drug carries the warning label that it may cause heart failure and possibly heart attacks.

How Likely Are Heart Issues?

It is hard to pinpoint exactly how likely an individual is to develop heart issues if he or she decides to begin using Avandia. However, interesting reports contrast Avandia to an alternative type 2 diabetes drug called Actos. The report estimates that there would be a decrease of 300 to 500 heart cases prevented every month if patients were to stop using Avandia and start using Actos. This is a high number considering that it is taken on a monthly basis and that side effects of FDA approved drugs are supposed to be minor and rare.

What To Do For The Future

Obviously, due to this report, many feel that Avandia should be pulled from the shelves. They do not agree that Avandia is safe for anyone to use – at least not until further investigations have been made. However, others feel that this study could be a fluke and wonder if there is a contributing factor linking the heart problems. Regardless, it is wise for patients to talk to their doctors about options for different drugs. It is better to be safe than sorry.

Has Avandia Affected You?

Also, if Avandia has affected you, you should come forward. You could file a lawsuit against the company to reclaim the damages you lost because you took this harmful drug.

Employees Sue Farmland Foods For Unpaid Time Spent Donning And Doffing Work Gear

July 8th, 2010

In today’s economy, every little bit of money counts. Therefore, if you were not getting paid for what you do then you would probably be a little unhappy. This is exactly how the employees at Farmland Foods feel. Apparently, their employers do not feel that it is necessary to pay them for the time that it takes to put on and take off their uniform and other equipment. Because of this stringent wage standard, the employees are fighting back.

Donning And Doffing Rights

The aim of the case attempts to award them with full compensation for what the court and state refers to as “donning and doffing”. This is the legal definition for putting on and taking off uniforms and equipment while at work. The Farmland Foods employees claim that due to the state and federal wage and hour rights, they should be awarded pay during their donning and doffing time. After all, it is specific time that they are putting in on the job. Sometimes, they have to clean their protective gear. And they obviously have to care for their uniforms to ensure that they look ok.

Job Description

The five workers that are involved in this lawsuit are not basic cashiers at a fast food restaurant. Instead, they are busy workers in a meat packing facility. Because of this, their uniform makes a big difference and is very important during their job. The employees all agree that cutting pay for the time they take off and put on their uniforms is unfair and simply uncalled for.

Other Lawsuits

Interestingly, this is not the only lawsuit of its kind. There are other lawsuits that are similar to this one and it has become more of an issue as worried employees begin to question their employer’s integrity when it comes to the paycheck.

The Missouri Association For The Deaf Sues The State

July 7th, 2010

There are a variety of different organizations in the state of Missouri representing various groups of people. One of these organizations, the Missouri Association For The Deaf, works to advocate the rights of deaf individuals throughout the state. Their goals and objectives are honorable and have helped several individuals. And recently their efforts have led them to a lawsuit.

Lawsuit

The focus of the lawsuit is the claims that the state of Missouri has failed to provide adequate mental health services for over 1000 deaf citizens in the state. The association points out the lack of sign language interpreters on hand for those that need mental health treatment. In addition, there are several people that have been turned away from treatment because of their mental health problems. Frankly the state is not meeting the expectations that the association feels is necessary. The group feels that enough is enough. These resources are needed and if a lawsuit is what it takes to secure them, then so be it.

Other Individuals File Suit

In addition to the Missouri Association For the Deaf, 13 other individuals have files suit against the state. These individuals have been directly affected by the state’s lack of action regarding this issue. One of these patients is suicidal because of their problems. Another is in need of immediate therapy. It is not simply being deaf that is an issue. The problem transfers into other areas. Therefore, these people joined the suit in hopes of rectifying the problem.

Hopeful Outcome

Unlike many lawsuits where money is the end all, this suit is somewhat different. The association has several requests from the state. In particular, they would like the state to act immediately on these issues to end the discrimination that is occurring in the state and provide a better atmosphere for those that struggle with mental health issues.

Charter Schools Sue For Delinquent Funding

July 6th, 2010

Charter schools are supposed to have money right? After all, they are funded privately. However, one charter school is so deeply in dept that they apparently owe more than 100 creditors money. Their current debt is estimated to be over $5 million according to the school’s ledgers and invoices. Many of these debts are small and relate to minor expenses. However, others are larger and involve the expenses for landlords, vendors, and lawyers. In order to pay of the debt, school officials say that they would need to take half the money from the school’s $10 million a year budget. However, would they even be able to come up with this money in the first place?

Inadequate Funding

According to the school’s bookkeeper, this St. Louis school has not had the funds to pay their bills for several months. The funding that they normally count on has not been coming in. Therefore, without money, the school has not been able to operate as they normally would. And, instead of cutting back, they simply continued to move forward as if everything was normal. Although some argue that this was a poor decision, others seem to agree that moving forward made sense. Why not? After all, if the funds were late for a month, most people would probably assume it was a fluke. However, after several months of delinquent funding, the school is out of options. They now are most likely going to have to transition to a public school.

What About The Unpaid Bills

While transitioning to a public school will be a process, figuring out how to pay off all of the creditors will also be a process. There is currently a lawsuit in place suing those that support this Charter School. Their lack of payment may be held responsible when it comes to finally paying these creditors, because many of them are unhappy and suing as well.

E. Coli Cases On The Rise In Missouri

July 5th, 2010

Have you ever been a victim of food poisoning? If you have then you know that it is not a pleasant experience. However, contracting E. Coli is much worse than food poisoning. This bacteria can be extremely dangerous and it poses significant health threats. We all are aware of the risks of E. Coli and we usually do our part to prevent them. However, currently preventing exposure to E. Coli is not as easy.

E. Coli Outbreaks

One of the reasons it is difficult to fully prevent E. Coli is because you cannot prevent the production of food you buy. Therefore, if you buy food that was not prepared properly, you put yourself at risk. According to reports, there have been increased amount of E. Coli outbreaks in many farms that have spread to different states including Missouri. These outbreaks have led to recalls for simple food items like lettuce. However, that does not mean that you didn’t end up buying a faulty head of lettuce before it was recalled.

Investigations

Because of the increased amount of E. Coli cases currently, federal investigations are underway to determine what the problems are. Distributors of food need to be aware of any E. Coli issues in order to prevent E. Coli outbreaks and protect their customers. As of right now, this is an ongoing process.

Lawsuits

In addition to the investigations, many individuals are suing food companies due to the health issues they are experiencing from the food. After all, they say these damages are health, mental, and even financial issues that they would not have suffered had the food been properly prepared. If you have been a victim of an E. Coli outbreak, talk to an attorney. You should not have to suffer because someone else did not take care of the food properly. You deserve the best.

Parents Sue Party Hosts In An Attempt To Hold Them Responsible For Putting Underage And Intoxicated Drivers On The Road, Causing Their Son’s Death

July 4th, 2010

If you are having a party with minors these days, you might want to think again – or, monitor the activities that will be happening at your house. It may seem like you are simply allowing your teens to participate in harmless fun in a controlled environment. However, once they leave the house, what happened at your home could put you in jeopardy. In fact, this is exactly what is happening with one family. Having a party led to the death of someone on the road resulting in a major lawsuit. Here are the details.

Mother Charged With Manslaughter

In the current lawsuit, the mother in the case is charged with two counts of manslaughter. The first count is because she hosting an open house party allowing under age individuals to come to here house. The second count is that she contributed to the delinquency of the minor in the case. According to reports, this mother was aware that under age drinking was occurring at her house. In addition, she also knew that narcotics were present. Both substances inhibited the driver’s ability to focus and were the direct cause of the accident that killed two individuals.

The Driver

Reports show that the driver had a blood-alcohol content of .18, well above the legal limit. Apparently the night of the accident, the driver was 18. While still under age as far as drinking is concerned, he can be tried as an adult and is responsible for his actions, complicating the case and making it unclear whether or not the mother is really at fault.

Are You Legally Obligated To Prevent Drunk Driving?

Another valid question that this case poses is whether or not you are legally obligated to prevent drunk driving. While the mother may be at fault for holding an illegal party, is she really responsible for the drunk driving that resulted from it? That remains unclear.

Scott Taveau’s Retirement Lawsuit Battle With Missouri’s Public School Retirement System Advances Another Step

July 3rd, 2010

Retirement is an important issue to every individual today – especially as we move forward into times of economic uncertainty. Therefore, it is not surprising that Scott Taveau would work to ensure that Missouri’s public school retirement system was completely adequate. After all, those that work for the public school system should be able to receive their benefits as soon as possible. However, some disagree. In fact, many are questioning whether Taveau broke Missouri state rules concerning retirement. They assume that many public educators took too much or began drawing retirement funds too early. Because of their concern a lawsuit is in place. The next stage in this suit is set to begin with a full trial. This is a major victory for Scott Taveau, as it will allow his team to fully convey their side of the story.

Retirement Rules

According to the public school system, educators can retire and claim benefits when they work 550 hours per year. This equals approximately a half time job. Many teachers qualify for this and the public school system usually mandates that they set aside funds for retirement in addition to the money that the school will contribute.

Was Taveau Following The Rules?

It is hard to say whether or not Taveau was following the rules or not. However, the issue in his case involves a large number of contracted hours. Apparently, he earned over $90,000 in contracted money in 2008. It is difficult to determine where this money came from and if it should be part of the retirement funds or not. According to Taveau, this money came from “consulting fees” he charged. However, the retirement school system is currently investigating the situation to determine whether or not this is in fact the case. If it is not, Taveau may find himself in trouble in the future.

Settlement Reached In Lawsuit Between Injured Fan Terrell Cline And The Kansas City Chiefs

July 2nd, 2010

It is common knowledge that when you attend a sporting event, you subject yourself to some risk. However, as a spectator, you can assume that you are not as at risk as the players on the field. After all, you are there to simply observe what is occurring. You are not a part of the action. Sadly however, sometimes the action on the field does affect innocent bystanders. Interestingly, a recent event involving stadium injury had nothing to do with the action on the field. Instead, it involved brutality among fans and heated rivalry.

Injured Chiefs Fan

Apparently, a little over a year ago, the Chiefs were playing the Raiders at Arrowhead Stadium. Although the majority of fans were Chiefs fans given the home field advantage, some Raiders fans did come out to show their support. One of the Raiders fans got riled up and started to beat up the Chiefs fan in the stadium. This act resulted in substantial injuries. The victim of the attack blames the stadium. Although he is a Chief’s fan, he still sued the stadium for the damages he incurred on their property, claiming it was due to lack of proper security.

Lawsuit Settled For A High Price

According to the Chiefs, this man was allegedly drunk. However, they still had to settle the lawsuit in court. The victim racked up a substantial amount of medical bills due to the accident. His medical expenses are almost $30,000. Also, reports indicate that this is not the first time events like this one have occurred at Arrowhead Stadium. Therefore, the court felt it was important for the stadium to take responsibility for their actions. Not only will they have to pay the damages, but they will also need to consider tightening their security during games in the future.

Lawsuits Claims Gardasil Responsible For The Death Of A 16 Year Old Missouri Girl

July 1st, 2010

Gardasil, the HPV drug that doctors have been prescribing, has been receiving its fair share of bad press lately. The biggest question on people’s mind right now is how it managed to pass its FDA review. After all, in order for a drug to be approved by the FDA, it has to meet stringent requirements. Meeting these requirements ensures consumers that it is safe for use. Sadly, Gardasil is most likely the opposite of safe. All you need to do is read about the 16 year old girl from Missouri who died due to Gardasil and you know to stay away. In fact, the situation was so bad that a lawsuit is in place.

Gardasil Blamed

The lawsuit regarding this case was filed in late April. However, it is not the first lawsuit against Gardasil. In fact, there are over 12,000 different lawsuits that all blame Gardasil for serious injuries. This is somewhat ironic given that this drug is supposed to be a vaccination that will prevent human papilloma virus – a serious condition that can lead to cervical cancer. And it is even more alarming given that this vaccination has not been on the market for more than 5 years.

Current Lawsuit

The current lawsuit seeks to reclaim damages lost because of the death of this young girl that was encouraged to use Gardisal. Although Gardisal is the focus, you can expect to see the doctor highlighted and learn why this girl was advised to receive the vaccination. It will definitely be an interesting case and it should shed some light on the trouble individuals are experiencing with this vaccination.

Future Of Gardasil

The future of the vaccination is unclear. Some people say that certain states are working to make this vaccination mandatory. However, depending on the outcome of the trial, that may change dramatically.

Lawsuits Over The Rights To Two Frozen Embryos End In Mediation

June 30th, 2010

Many people pay a high price for children these days. Thanks to technology test tube babies are easier to come by. And in some cases, it may be a person’s only option. Sadly, for others the battle for embryos could actually lead to lawsuits. This is what happened in Clayton, Missouri.

Battle For Embryos

This new lawsuit ponders a question regarding child custody and embryos – when exactly does custody become legal? This is the fight a Missouri couple and a California couple is having over two frozen embryos. Both couples want the embryos. However, there are ethical questions regarding who should have them. And when it comes down to it, how do you describe the transfer of embryos? Is transferring embryos like adoption? Or is it simply a donation?

The Suit

According to the lawsuit, the California couple filed the lawsuit because they wanted to retrieve custody of the embryos they had already given the Missouri couple. They created 4 embryos in the first place and decided to give them to the Missouri couple. The Missouri couple had twins. Now there are two unused eggs. The California couple feels that these eggs belong to them. They seem to think it is a breach of contract for the other couple not to give the eggs back.

Another Suit

Interestingly, the Missouri couple fought back and filed another lawsuit. They claim that the uniqueness of the embryos should give them right to future use in the event of any children.

Technology And Other Complications

While both sides have decent arguments, it is clear that technology will play a large role in this case as will other factors. The attorneys from both sides agree that the contract is complicated and the future of the embryos is unclear at this point. It may take time for a resolution to come.