Archive for October, 2005

Zicam Side Effects: Shortens Colds But Permanently Destroys Sense Of Smell   By Margaret Wommack

Monday, October 31st, 2005

Zicam is a homeopathic intranasal zinc remedy that is intended to reduce the length of a cold. It is either taken in a spray or a swab. However, many users of Zicam are complaining of anosmia which is a loss of smell and consequently diminishment or loss of taste. Although scientists have long know about the potential harm of zinc and that applying zinc to the nasal cavity damages or destroys nasal nerves, Matrixx Initiatives, the manufacturer of Zicam, has not properly warned users about this life-altering side effect. Anosmia symptoms (loss of smell and taste) have lasted for years after the cold subsided, negating the argument that since diminished sense of smell is a symptom of the common cold, that the cold and not Zicam was to blame.

Scientists have known since the 1930s when intranasal zinc was applied as a possible method of preventing polio that it causes significant nasal nerve damage that can lead to a loss of smell. A lawyer who specializes in pursuing defective product cases, medical malpractice cases, or personal injury cases can help you if you wish to take a lawsuit against Matrixx Initiatives. You may be entitled to financial compensation. Find a lawyer today.
GA

Contact an experienced Zicam Lawyer today.


Find information about Zicam Side Effects associated with a major Dangerous Drug Lawfirm today at hugesettlements.

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Zoloft Side Effects: Akathisia And Violent Behavior   By Margaret Wommack

Monday, October 31st, 2005

Zoloft is an SSRI (selective serotonin reuptake inhibitor); a prescription drug that combats depression, anxiety, posttraumatic stress disorder (PTSD), panic disorder, obsessive-compulsive disorder (OCD), as well as other various problems. SSRIs work by allowing more serotonin to be released through the brain. Seratonin is a brain chemical associated with happiness. Between nerve endings in the brain, there are synapses. All signals in the brain are transmitted through chemicals being produced then absorbed by one nerve and another. When these chemicals are released they are either taken in by the next nerve or the nerve that released them will re-absorb them and the signal doesn’t pass. Some antidepressants work by blocking the reuptake of Seratonin by the releasing nerve. That means that more Seratonin stays in the synapse in the hope that it will be absorbed by the new nerve which, in the case of Seratonin, would continue the signal of happiness.

The problem with Zoloft is that it has been shown to cause a condition known as akathisia. Akathisia is described as an overwhelming physical and mental restlessness and it leads people to destructive behavior. Pfizer, the manufacturer of Zoloft has been charged with purposefully concealing information they had about the side effects of Zoloft including akathisia. Pfizer has furthermore been charged with promoting the drug for off-label use not approved of by the FDA. A few cases of homicide or violent behavior have used Zoloft induced akathisia as a defense. If you or a loved on has been affected by Zoloft, find a doctor to see if you may have one of the serious side effects from the drug which includes akatisia. If you can tie your health problem to Zoloft you may be able to pursue your case in court to receive financial compensation.

GA

Contact an experienced ZZoloft Lawyer today.


Find information about Zoloft Side Effects associated with a major Dangerous Drug Lawfirm today at hugesettlements.

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Your Personal Injury Lawyer Here`s 7 Tips To Help You Hire A Good Attorney   By Arthur Gueli

Monday, October 31st, 2005

You`ll need to hire a personal injury lawyer if you suffer an
injury that results in significant damages. But in any
given city, there are probably over 20 pages of personal
injury attorney listings in the phone book. How do you
pick the right one? What do you look for? What questions
should you ask?

Here are 7 things you should know before hiring your
injury lawyer…

1) The sooner you hire your lawyer the better. Begin looking
for your personal injury lawyer within a week or two after
your accident. If you`re not physically capable you should
have a friend or loved-one start looking. The sooner you
start building your case the better.

2) Hire a personal injury lawyer that specializes in your
specific type of injuries. Do your homework before signing
the retainer agreement. Visit the firm`s website and read
up on it`s history and each lawyer`s biographical
information. Ask the lawyer for some referrences and ask
how much experience they have in handling cases with similar
injuries. What settlement awards did they get in those cases?

3) Have a face-to-face meeting with your prospective lawyer.
Your personal injury lawyer is going to be your closest advisor
during this difficult time. You must feel comfortable and trust
your lawyer. The only way you`ll get a feel for the lawyer is
by having a sit-down to discuss your case. Any good personal
injury lawyer will give you an initial consultation free of
charge.

4) Hire a lawyer that will take your case on a contingency fee
basis. This means that your lawyer won`t get paid unless you
get paid. He will take his fee out of the money you receive
for your injuries. You can expect your lawyer to take about
33% of your final settlement – that`s after expenses are taken
off the top. Make sure you clearly understand the payment
structure before you sign the retainer agreement.

5) Beware of ambulance chasers. The goal of these lawyers is
to get lots of minor personal injury cases and settle them
quickly – they make their profit from high turnover.
So naturally they won`t put as much time and effort into
each case as they should. (If you`re looking for a quick
settlement be prepared to accept less than what your case
is really worth.)

6) Hire a lawyer with a good Martindale-Hubbell rating.
This service evaluates lawyers in the U.S. and Canada based
on peer review. Their website, Martindale.com has a helpful
lawyer locator service and will explain the rating system.

7) Always be completely open and honest when discussing your
case with a lawyer. Tell the lawyer as much as you can about
what happened. Try to remember every detail. Any documentation
and pictures you have of your injuries and treatment will be
a big help when evaluating your case.

Bonus Tip:

8) NEVER give a recorded statement to a representative from
any insurance company until you`ve consulted a lawyer. When
the rep. asks for one simply say, `I`m not prepared to give
a statement at this time.` A recorded statement can be used
as evidence and if you`re not prepared you might overlook
important details. Anything you miss (or misrepresent) can
be used against you in settlement negotiations and in the
trial.

Arthur Gueli works with his brother Charles (a licensed
personal injury attorney) teaching injured plaintiffs
how to obtain fair compensation for their damages.

Visit their website,
www.Injury-Settlement-Guide.com to learn more about how to
hire a good personal injury lawyer.

Mesothelioma Help   By Margaret Wommack

Monday, October 31st, 2005

According to the National Cancer Institute, mesothelioma is a malignant cancer of the pleura, the peritoneum, and the pericardium (the sacs lining the chest, abdominal cavity and the heart). Malignant mesothelioma has been linked to asbestos exposure, and those exposed to more asbestos or for a longer duration are likely to have more intense cases of mesothelioma. People stopped using asbestos in insulation materials in the 1970s, so with the 20 to 50 year latency period between exposure and acquisition of mesothelioma, many are just now discovering that they have the cancer.

People usually come into contact with asbestos through construction jobs or the clothes of family members working on construction sights. Asbestos is an insulation material used in pipes, boilers, cements, plasters, joint compounds, fireproofing spray, firebrick, gunnite, furnaces, roofs, floors, ceiling tiles, transite siding, brakes and clutches. Thus, the construction workers most exposed to asbestos include insulation intallers, boilermakers, plumbers, pipefitters, steamfitters, plasterers, shipyard workers, those in the Navy, electricians, mechanics, bricklayers, millwrights, carpenters, steel workers, and maintenance workers. Sites with the largest concentration of asbestos include shipyards, power plants, refineries, paper mills, manufacturing plants, foundries, and construction sites.

Since early symptoms of mesothelioma are non-specific, many sufferers will not be diagnosed with the cancer until it is too late to treat it. These early symptoms are often mistook for pneumonia (shortness of breath, coughing, and chest pain). If you feel that symptoms you are having could be related to mesothelioma, contact a doctor to diagnose you to know for sure what you have and what you should do. Diagnosis procedures can include x-rays, CT scans, MRI, PET, thoracoscopy, peritoneoscopy or a biopsy.

Fighting mesothelioma can be expensive and the disease can cause great emotional trauma to the patient and his or her family. If you have been diagnosed with asbestos related mesothelioma, a mesothelioma lawyer can help you fight those responsible for this cancer. If you have mesothelioma, the employer or organization that put you into contact with asbestos is at fault and you deserve compensation. Find a mesothelioma lawyer today. GA

Contact an experienced Mesothelioma Lawyer today.


Find a Mesothelioma Lawyer associated with a major Mesothelioma Lawfirm today at hugesettlements.

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Intellectual Property Protection: Legal Right Protection   By Margaret Wommack

Monday, October 31st, 2005

Intellectual property, although intangible, is still ownable and your intellectual property rights should be protected. Modern business, especially since the rise of the internet has seen a rise in the creation of intellectual property. However the internet makes it even easier for someone to steal your ideas and work. An intellectual property lawyer who is trained to help reclaim patent, trademark, copyright and trade secret rights can help protect your intellectual property.

Types of intellectual property include patents, trademarks and trade dress, copyrights, and trade secrets.

Patents

A patent is granted by the government allowing a (usually) 20 year monopoly on an invention previously “not generally known.” Patents are intended to encourage investment in research and development. If you create a new useful process for doing something, a machine, manufacture, or even an improvement on something already in existence, you can patent your invention and prohibit others from “making, using, offering for sale, or selling…or importing” the invention in the U.S. Your right to patent your invention is a constitutional right (Article I, section 8). Patents are subdivided into three groups: design, utility, and plant. Design patents protect innovations in the appearance (although not the structure or function) of an item. Utility patents are for wholly new inventions including machines, industrial processes, compositions of matter, and articles of manufacture. Plant patents cover innovations in plant-life, such as new species of plant created from the reproduction of cuttings and grafts of existing plants.

Patent lawyers will research previously granted patents for you to see if a similar product has already been patented or whether you should apply for a patent for your invention. A patent attorney will also tell you if your idea is not patentable because it is a law of nature, a physical phenomena, or abstract. You should find a specialized patent or intellectual property attorney because in order to prosecute a client’s patent application, he or she must be registered with the U.S. patent office. A patent lawyer will also have to have passed a science and engineering exam to better understand and serve clients.

Trademarks

Trademarks are granted for words, names, symbols, or devices which separate and distinguish businesses and services. These include arbitrary names such as Kodak, suggestive names such as Caterpillar (tractors), descriptive names which indicated the business’ products or services, and generic names which are descriptive. Generic and some descriptive names cannot be protected, so a trademark or intellectual property lawyer should be consulted to see if your name qualifies for trademark rights. You can also file an intent-to-use application to reserve a name that will later be trademarked. (This is especially important with the expansion of business on the internet.)

Trademark lawyers can also be sought to make sure that your new business isn’t using a registered mark. The consequences for using a registered mark, even though you may have put money and advertising into promoting your business, include being sued for infringement.

Copyrights

Copyrights protect the individual’s expression of an idea, but do not protect the idea itself (see patent). Copyrights are intended to promote scientific progress. You can copyright your writing, performance (music, dance), art, sound, compilations. You cannot copyright ideas or uncompiled facts, words, or phrases (these could be registered as trademarks, though, so consult an intellectual property lawyer). If you come up with an idea or invention while working for a company, it is able to be patented or trademarked by the company you work for, but copyrightable work belongs to you, the employee, not the company employing you. However, there are loopholes, and an intellectual property lawyer will help you both with the process of getting your expression copyrighted but will also save you trouble and time in getting over road blocks.

If you are a company, you need an intellectual property lawyer who specializes in copyrights because especially with internet businesses, you will need to make sure that contractually your web site design can be copyrighted to your company and will not belong to the employee or independent contractor who created it. This also applies to software.

Trade Secrets

It is important to protect your business’ trade secrets so they will not be misappropriated. Whereas patents have a limited time of coverage and after 20 years are released, trade secrets are always protected. To qualify as a trade secret, it must have independent economic value to the company. For example, the recipe for Coca-Cola is a trade secret, not a patent, and therefore will never be released because without maintaining the secrecy of the recipe, the business would not be able to compete by offering an individual product. GA

Contact an experienced Intellectual Property Lawyer today.


Find an Intellectual Property Lawyer associated with a major Intellectual Property Law Firm today at huge settlements

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Mesothelioma Lawsuit   By Margaret Wommack

Monday, October 31st, 2005

Mesothelioma is a cancer of the linings of the heart, chest and abdominal cavity and is caused by exposure to asbestos, either first hand from working in (usually industrial) sites which used asbestos or second hand from coming into contact with the clothes of a family member who worked on one of these sites. It is a dangerous cancer because of its long latency period, 20 to 50 years, and because its initial symptoms are similar to normal colds or pneumonia. It is an expensive and hard-to-cure cancer, but a mesothelioma lawyer can help you win the compensation owed to you by the business that put you in contact with the deadly asbestos.

A mesothelioma lawyer can help you to get the compensation you deserve so that you and your loved ones don’t have to suffer the burden of the expense of treatment on top of the burden of having the cancer. On average, mesothelioma cases that go to trial result in the awarding of $6 million. Isn’t it worth it to take a chance and see how much you can get? Also, most mesothelioma lawyers are on a contingency fee, so they only receive payment if they win your case, so even if you do lose, you won’t have the obligation to pay for the legal proceedings.

Victims of mesothelioma caused by asbestos exposure should find legal aid in order to get financial compensation. If your mesothelioma was caused by asbestos exposure, you are entitled to take your case to trial. Also, you can claim financial compensation from the asbestos industry. You can claim social security disability or disability insurance or worker’s compensation since employers are responsible for the safety of their employees.

Eligibility to take your case to trial will depend upon the statue of limitations, your ability to identify your exposure to the asbestos, and the company(ies) responsible. If you are the family member of someone who died from asbestos related mesothelioma, you may be able to file a wrongful death suit. With the statue of limitations, it is important to file your suit as soon as possible after your diagnosis. You should find a good lawyer trained in mesothelioma lawsuits soon to help you recover financial compensation. GA

Contact an experienced Mesothelioma Lawyer today.


Find a Mesothelioma Lawyer associated with a major Mesothelioma Lawfirm today at hugesettlements.

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Class Action Suit   By Margaret Wommack

Monday, October 31st, 2005

A class action suit is a lawsuit against a company by multiple plaintiffs who were similarly injured by the defendant. Class actions are especially good for people who individually have only sustained less than a few thousand dollars of damage. The cost of an individual suit would negate the possible recovery if they were even to win, but in a class action suit, the cost of filing and paying lawyer fees is split between all the plaintiffs. Also, they gain strength in numbers and have a more air-tight case to bring to court. Thus class action suits are often a better assurance that a satisfactory settlement will be reached.

However the benefits of class action suits are in heavy debate. One topic people focus on is a coupon settlement in which plaintiffs are given coupons to be used within a certain time and with the company they filed suit against. This can be seen either as a promotion benefiting only the company in the wrong, but if this coupon settlement could be used on a better product, gives enough of a benefit to cover the money initially lost, doesn’t expire immediately and can be transferable, then it can be a reasonable settlement. Nontangible settlements are also thought to be unfair settlements because the plaintiffs are left with defective products and are forced to pay exorbitant lawyer fees. However in some cases such as pollution cases, injunctions provided for by nontangible settlements are beneficial because they stop damages and improve health. GA

If you have any questions about class action lawsuits, please contact a class action lawyer right away.

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Nursing Abuse Lawyer Says: Widespread Abuse Can Be Stopped Find A Nursing Home Abuse/neglect Lawyer   By Margaret Wommack

Monday, October 31st, 2005

It is always painful to part with a loved one, particularly a family member who is ill, but millions of Americans find that they cannot care for the needs of their relations and are forced to find a nursing home in which they can live. The selection of a good nursing home that will attentively care for their needs can be difficult, and many are misled into choosing the wrong home. It is estimated that around 35,000 elderly people die prematurely in nursing homes every year due to neglect or abuse. And while many will blame themselves for selecting the wrong nursing home for their elderly loved one, the fault lies entirely with the nursing home operator, who should be held accountable.

Nursing homes are obligated to have enough staff members to provide all of the care listed in the plan. The Nursing Home Reform Act requires nursing homes to “provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each nursing home resident in accordance with a written plan of care.” However, nursing homes frequently ignore this responsibility of theirs and residents are not cared for. Neglect of this sort includes not being assisted to the toilet, being left in bed to develop bedsores, malnutrition, dehydration, being over or under medicated, not being properly cleaned, and generally being ignored. This neglect, both intentional and unintentional, causes serious injury that could result in the premature death of the resident.

Outright, intentional abuse of nursing home residents includes emotional, financial, psychological, sexual and verbal abuse, not just physical abuse. Sexual abuse includes any unwanted sexual contact, forced nudity, inappropriate photography, or battery. Physical abuse can include battery, unreasonable and dangerous restraints, inappropriate use of drugs on a patient, and refusing to help or transport a resident. Emotional (psychological, mental) abuse includes verbal harassment, intimidation, ignoring and excluding the resident, and isolating him or her from friends and family who live in or come to visit the nursing home. Of course, not all forms of abuse are listed here, so consult with an attorney if you feel that you or your family member is being abused or neglected.

Anything trauma, whether emotional, physical, or social, which a nursing home resident sustains which could have been prevented or was caused by the staff is a criminal offense and if you or a loved family member has suffered nursing home abuse or neglect, you should find a nursing home abuse/neglect lawyer who can prosecute those who are guilty. However, due to time constraints (statute of limitations), it is important to speak to an attorney and file the suit as quickly as possible. Help stop nursing home abuse, neglect, and malpractice and be compensated for your or your family member’s injury. Talk to a nursing home abuse/neglect lawyer today! GA

Contact an experienced Nursing Home Abuse/Neglect Lawyer today.

Find a Nursing Home Abuse/Neglect Lawyer associated with a major Nursing Home Abuse/Neglect Lawfirm today at huge settlements

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Car Wreck Lawyer Says: Get Help   By Margaret Wommack

Monday, October 31st, 2005

In holding a driver’s license, a person is agreeing to be a good driver: not reckless and not negligent. However we know that others are often not as careful as we could hope. Other times, an accident can be caused by vehicle malfunction, bad driving conditions or road layout. If you have been in a car accident and wish to pursue your case in court, you as the plaintiff will need to show the court that the defendant caused the wreck through failing to follow driving law and that this breach of duty caused the injury that you the plaintiff sustained in the accident.

In court, you can file suit against the other driver for various reasons. If the accident left you disfigured or scarred or injured, the defendant must pay for your medical expenses as well as those that a doctor feels will arise in the future and you could also be compensated for the emotional suffering caused by injuries. If you are injured and should you win the suit, you should be compensated for permanent disability, pain, emotional anxiety, medical expenses and surveillance, lost wages, lost work or earning capacity, loss of consortium or society, and household services you can’t take care of while you are injured.

If the defendant driver was not just negligent but reckless, then they may have to pay more. Reckless driving includes speeding, excessive lane changing, not signaling intent to change lanes, changing lanes when there is no safe way to move, passing on an emergency lane or the shoulder, and drunk driving. Drunk driving cases are especially horrifying. An accident lawyer will tell you if you should file suit not just against the drunk driver but also the server or business that gave the driver so much alcohol.

There are special cases which are caused by a defect in the car of a driver. If a defective product caused the accident, then the manufacturer is responsible for the negligence.
GA

If you have more questions, contact a car accident lawyer or read car accident news at http://www.hugesettlements.com

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Class Action Lawsuits   By Margaret Wommack

Monday, October 31st, 2005

A class action is a civil lawsuit filed by multiple people who experienced the same injury from the same product, a single trial to hear all claims. The difference between their cases as individuals is only the extent to which each was injured. For instance, one anti-inflammatory medication user who developed SJS may have the associated rash while another may have lung damage and blindness as well. Often when a party was injured by a product but they do not have a strong enough case to file an individual lawsuit against the company, they can band together with others who suffered injury from the same product to make their case stronger by numbers.

Another benefit of class action lawsuits is pursuing a suit for only small losses. For example, $100 spent on a product that doesn’t work or spent to correct problems the product causes is a mall amount of money and does not justify the expense and time of filing a lawsuit. However, many people who have all lost $100 can band together and file a class action suit, splitting amongst them the cost of lawyer fees and filing the suit, and can hope for a settlement to be reached. If not for class action suits, that $100 lost, small in the court’s eyes but substantial to the individual, could never be recovered and the company responsible for the faulty product would never have to reform. Class action lawsuits are most often for defective products, asbestos, prescription drug side effects or tobacco. If your case involves people across state borders then you may file a Federal class action. These suits are much more complicated and require a good, experienced lawyer.

Class action lawsuits have many benefits. They are more efficient, presenting witnesses and exhibits and facts of the case all at once rather than holding up the courts with trying them separately. They spread the burden of cost between all the different plaintiffs who, on their own, might not have been able to file suits. Furthermore, if recoveries are small (although no less significant to the individual) it is not cost beneficial to file a suit independently because of fees. They ensure that all plaintiffs get their portion of the settlement; here, the plaintiffs who first complained are not given extra money.
GA

If you have any questions about class action lawsuits, please contact a class action lawyer right away.

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