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Beware of Injurious Consumer Products, especially, Children’s Toys

Posted by on Mar 26, 2017 in Consumer Products, Uncategorized | 0 comments

The leading causes of unintentional injuries and deaths among children in the U.S., as reported by the Centers for Disease Control and Prevention (CDC), are falls, drowning, burns, poisoning and motor vehicle accidents (which tops the list). Each year, more than 12,000 children die and at least 9.2 million are injured due to these causes. Equally dangerous as these causes are the many different products that people stuff in their homes. And it cannot be denied that so many of the different things that Americans purchase can be a possible source of severe injuries or even death. The thousands of injuries and deaths caused by these products can also be verified through the records of the U.S. Consumer Product Safety Commission (CPSC). These products include home furniture and décor, tools, children’s outdoor activity equipment, sports equipment, inflatable amusements, nursery products and children’s toys.

From 2007 to 2010, millions of toys were recalled by the CPSC due to the dangers that these presented, like sharp edges that can cause lacerations, small parts that are considered choking hazards, and toxic substances and chemical contents that exceeded federal limits. The CPSC is charged with enforcing toy safety standards laws, laws that set the guidelines on: the required sizes of children’s toys; the inaccessibility of the toys’ batteries and magnets to small children; noise and toxicity limits; and, the display of labels containing the possible risks of choking hazards.

Unlike food, toy labels do not include the materials the toy was made from, and there is no definite law that requires manufacturers, whether local and foreign, to put on toys’ labels information regarding any possible harmful elements. Consumers, therefore, are left without any clue about the actual safety of the products that they buy (everyone, of course, assumes that all products made available in stores are totally safe).

All individuals have the legal and moral responsibility to act in ways that will never endanger another. Yet, in spite of the necessity to act responsibly and the existence of certain laws that are intended should keep everyone, especially children, from getting injured either through accidents or through the use of consumer products, injurious accidents and products still continue to harm many children.

The Benton Law Firm informs the family of a child, who has been injured in an accident or due to the use of a harmful toy, of its legal right to file a lawsuit against the responsible party. So many accidents occur and defective products continue to be manufactured and sold due to the grave negligence of some individuals. Before pursuing a legal action, however, it may be wiser to seek the help of a seasoned personal injury lawyer who will see to it that all the documents required in the lawsuit are intact, and that the child’s and his/her family’s rights and interests are very well defended.

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Defective Hip Implants

Posted by on Feb 1, 2017 in Uncategorized | 0 comments

People with a severely damaged hip joint can be mobile and active again with the Rejuvenate Modular Hip Neck and Stem or the ABG II Modular Neck and Stem from Stryker Corp. or with the DePuy ASR XL Acetabular metal-on-metal hip replacement from Johnson & Johnson. Being the first orthopedic company in the U.S., DePuy Orthopaedics has become a trusted name, even maintaining leadership in the hip replacement business for more than 4 decades. Though, its product entered the U.S. market only in 2005, the year it was cleared by the US Food and Drug Administration (FDA) for distribution, it still came out four years ahead of Stryker Corp.’s prosthetic implants, which the FDA approved in 2009 to treat people with a fractured hip.

Damaged hip joints that cause persistent pain and which made everyday activities so much harder to accomplish need to be replaced with an artificial joint, also known as prosthesis. Prosthetics are made either from metal alloy or ceramic. These have been used in hip replacement surgery, which has been a medical practice since the 1960s. Hip replacement surgery is intended to improve a person’s quality of life by relieving him/her of the pain due to damaged hip, as well as improving the function of his/her hip and ability to move around.

The Rejuvenate Modular Neck Stem Hip served as a substantial equivalent of the already available Wright Medical Profemur Hip Implant Replacement, thus, the FDA accepted it under its 510(k) process and so, approved it without the thorough pre-market testing and research requirement mandated of new products.

The major difference,and advantage these Stryker products had was their capability to minimize bone stress and provide greater stability which were made possible by the six stems and 16 necks (of the Rejuvenate hip) and the 10 modular necks, eight left stems and eight right stems (of the ABG II system). Thus, compared to the one-piece neck and stem (known as the monoblock design) of other hip implant systems, the Rejuvenate and the ABG II gave surgeons much more flexibility in custom-fitting these prosthetic implants into patients.

With its titanium alloy blend, which is a mixture of iron, zirconium, molybdenum and titanium, Stryker was also able to claim and assure corrosion and fretting resistance, a case wherein metal particles would flake off and mix into the blood. However, these claims were proven false as post-market data showed proofs of corrosion and fretting in patients who had the device implanted in them. Aside from this the release of toxic metals, loosening of the implant and other side effects (which require corrective surgery) were linked to the device – the reason behind the many lawsuits filed against Stryker Corp.

In the case of Johnson & Johnson’s DePuy ASR XL Acetabular metal-on-metal hip replacement, about 400 complaints reached the FDA beginning in 2008, concerning required revision surgeries on patients, who received the DePuy ASR hip replacement. The problem , however, was, even if the defective device was replaced, it was very possible that it has already left dangerous, even deadly fragments inside the body. Other DePuy hip implant problems included fracture of the bone, component misalignment, loosening components, metal sensitivity, dislocation, pain, bone staining, nerve, muscle and tissue damage, increased levels of metal ion in the blood, infection, swelling and necrosis (or tissue death).

Due to complaints, DePuy Orthopaedics, Inc. issued a recall on its product on August 24, 2010, more than a year before the first lawsuit was filed against the company. However, with more than a million patients worldwide having received the DePuy hip implant, more lawsuits are expected to be filed.

For the Stryker product, Stryker Corp. voluntarily recalled its Rejuvenate in July 2012 after hundreds of lawsuits were a filed against it.

According to the law firm Habush Habush & Rottier, “Some of the signs of trouble with a defective implant include swelling, pain, and difficulty walking. Persistent symptoms can signal a loose implant, fracture of the bone around the implant, or dislocation of the implant’s ball and socket. In addition, due to poor design in some hip implants, microscopic chromium and cobalt shards can enter the blood stream due to metal on metal contact. It is possible to have elevated chromium and cobalt levels with no symptoms, so you should follow up with your physician even if you are not having symptoms.”

Patients who have been implanted with the DePuy ASR XL Acetabular Syste, the Stryker Hip Implants or the Zimmer Durom Cumay probably need to undergo medical test just to make sure they are safe from the harmful effects linked to any of the devices mentioned above. In case of possible harm, it may be wise for affected patients to get in touch with a personal injury lawyer immediately who may be able to help them understand more their legal rights and options.

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The FDA, the National Institutes of Health (NIH) and Various Clinical Studies have Findings about Belladonna that are Contrary to Hyland’s Statement

Posted by on Oct 27, 2016 in Hyland's Teething Tablet Lawsuit | 0 comments

The U.S. Food and Drug Administration (FDA) released a consumer warning in September of 2016, regarding the use of Hyland’s homeopathic teething gel and tablets. In the warning, the FDA warned parents to stop using the homeopathic teething products in treating their babies’ pain, due to the 400 cases of adverse events (seizures, fevers and vomiting) and 10 infant deaths which may be connected to the use of Hyland’s products; the warning also advised parents to dispose of all teething products that may still be in their possession. Besides the FDA, the the American Academy of Pediatrics’ also cautioned parents to keep away from teething tablets that contain belladonna and gels that contain benzocaine.

In 2010, six years before this advisory, a similar warning was released by the FDA. However, aside from warning consumers of the possible risk that Hyland’s Teething Tablets pose in children, the FDA also said that its laboratory analysis found that the teething tablets contain inconsistent amounts of belladonna. This finding is contrary to Hyland’s claim that its homeopathic teething tablets contain only a small amount of belladonna.

Belladonna, also called devil’s cherry or deadly nightshade, comes from the belladonna plant which, though poisonous, has been used as a medicine for hundreds of years. Its medicinal properties have also made it an active ingredient in numerous homeopathic medications, including Hyland’s Teething products.

The FDA, the National Institutes of Health (NIH) and various clinical studies, however, all say that there is not enough evidence that will prove that Belladonna is effective for any of the uses printed on its product label. Instead of stating that it is effective, the FDA rather says that large doses of medications, specifically teething products, which contain this drug can be fatal, especially to babies.

Hyland’s Inc.’s teething tablets are intended to provide temporary relief from teething discomfort, including simple restlessness and wakeful irritability. Their safety and effectivity are continuously affirmed by Hyland’s despite the two warnings already issued by the FDA and the adverse cases reported to the same government agency. In the light of these warnings and reports, by the way, Hyland’s has decided to discontinue distribution of its teething products.

Many websites, such as that of Williams Kherkher with address,, provide helpful information about teething tablet which you and all other parents will surely be interested to know. The site also talks about teething tablet lawsuit, symptoms of teething tablet toxicity and what to do, especially if you notice any of the symptoms of belladonna poisoning being displayed by your baby.

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Understanding The Goals of Pre-Employment Testing

Posted by on Aug 11, 2016 in Workplace Testing | 0 comments

Every employer desires to have the most qualified candidate fill up job vacancies. Selecting the right candidate for a certain position can be a daunting task. Fortunately, there are pre-employment tests that they can use to effectively screen and select the right candidate for the job. It is critical for a company to find the right candidate right away as it could mean wasted money and time.

Pre-employment testing can provide a wide range of benefits for businesses. It helps decrease employee turnover and boost morale. According to a survey by the American Management Association, 9 out of 10 firms that test job applicants will not hire them when pre-employment testing reveals deficiencies in basic skills. Pre-employment testing can be instrumental in helping a hiring personnel assess prior learning, performance potential, and available talent of a prospective employee.

Today, employers use a wide range of pre-employment tests to fill up job positions. There are personality tests, intelligence/aptitude tests, drug test, and others. Currently, the most popular is functional employment testing. The kind of test that will be administered will depend on the kind of job that will be filled.

While pre-employment exams are used to screen for the right candidate, employers must never use them to discriminate the job applicant. There is a plethora of laws that sets the manner of administering these tests. Any violation of these laws may subject the employer to severe penalties. Likewise, test results should not be the sole criteria for selecting candidates. More importantly, they should be in compliance with Federal, state, or local EEO laws.

Pre-employment testing helps companies ensure that they will never pass up on the best candidate for the job vacancies that they would like to fill. It can considerably reduce the time for selecting the right employee for the job.

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Expensive treatment of mesothelioma cancer

Posted by on Mar 24, 2016 in Mesothelioma Cancer | 0 comments

It is a frustrating situation when someone in the family develop an illness, and things can be much worst if the member who became sick is the family’s provider. Hospital treatment generally is expensive that leaves many families dealing with hefty financial loss.

Mesothelioma cancer is one of the illnesses that a worker may develop from his or her workplace. Such illness that often affects the lungs is acquired when a worker had been exposed to asbestos dusts. Unfortunately, a person is at high risk of developing mesothelioma even he or she minimally or shortly has been exposed to asbestos, the lawyers of Williams Kherkher said. Mesothelioma is often a fatal illness that until now has no certain cure, however, there are several treatments available to possibly suppress the cancer cells from spreading in the lining of the affected internal organ. The treatments are intended to possibly improve the patient’s condition. The series of treatments that specialists relied on for decades are often costly mostly for those individuals who do not have other financial resources or are not covered by health insurance.

Individuals who have been diagnosed with mesothelioma may need to undergo “aggressive surgery” mainly if the cancer cells are located either in the lungs’ or abdomen’s lining. Mesothelioma patients who have poor health conditions are given other surgery options. Undergoing surgery procedure is the best option currently available to suppress mesothelioma cancer. A patient who had undergone surgery is expected to prolong his or her life mostly if cancer cells does not develop again. After surgery, patients may need to undergo chemotherapy or radiation treatments to further fight the growth of cancer cells. Both chemotherapy and radiation treatments are common for cancer patients.

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Why you should attract your customers to switch to green roofs

Posted by on Oct 27, 2015 in Roofing | 0 comments

Consumers are becoming more and more aware of their responsibility to care for the environment. From a shift from diesel to gasoline engine to the extensive use of renewable energy, eco-friendly brands are today’s market leaders. And there are no exceptions, even for roof contractors.

For your roofing business to be a success, FollowUp Power suggests streamlining your business processes through the use of business software solutions. But coordinating your workflow and speeding up checkout are not enough to please your clients. You need to give them eco-friendly choices that would make them feel that they are buying responsibly. One choice that you can provide is by offering products and services to turn their roofs into gardens.

Green roofs offer a myriad of environmental benefits; here are a few of them:

Retains more rainwater

Plants hold rainwater, utilizing it and bringing it back to the atmosphere through the process of evaporation.Unlike conventional roofing systems, green roofs help reduce the amount of rainwater that rushes into the sewer systems.

Improves air quality

Plants act as natural filters that trap air pollutants, making the air much cleaner. Plants also trap noxious gases, which helps lower the greenhouse effect.

Makes the environment much cooler

Due to lack of vegetation, darker roofs and asphalted roads, major metropolitan areas are becoming urban heat islands (UHI), which means these places are much hotter than their surrounding rural areas. With green roofs, you are able to mitigate UHI phenomena, making your urban community cooler and healthier.

Creates green spaces

With green roofs, you are able to create amenity spaces perfect for different uses, such as for recreation. According to, green roofs are also perfect for commercial leases, and may even increase your property’s marketability.
Giving your clients an option to switch to green roofs are a great way to increase sales while taking care of the environment at the same time.

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Not Even Bankruptcy will save Companies from Compensating Mesothelioma Victims

Posted by on Jun 23, 2015 in Personal Injury | 0 comments

From the first half of the 1900s until the 1970s thousands of American firms employed millions of workers whose job required exposure to asbestos. Shipyard workers alone, who were tasked to build World War II ships, were estimated at 4.3 million; they were also exposed to thousands of tons of asbestos, which was used to make steam engines, steam turbines, boilers, insulate piping and other ship-required equipment. (The US Navy, likewise, made a great number of its men and workers handle this element during the building of ships and ship equipment).

Asbestos was (and is still) considered a perfectly useful mineral. Its cheapness because of its abundance, its elasticity, which gave it strength, and its resistance to heat, fire, electrical and chemical damage, led to its use as component of so many different products, which included: fire, heat and acid resistant gaskets; fireplace cement; fire retardant coatings; fireproof drywall; drywall joint compound; lawn furniture; roofing and flooring materials; pipe cement, concrete and bricks.

Asbestos, however, contained and released sharp, tiny fibers which, when inhaled and never expelled (one way is through coughing), can be implanted in the lungs where these can cause damage which can lead to deadly results.

One of the deadly effects resulting from the inhalation of asbestos fibers is mesothelioma, a lethal type of cancer that damages the cells that protect the lungs, the heart and abdominal organs. One characteristic of mesothelioma that puts those diagnosed with it totally at the losing end is its extremely long latency period, which is 40 years or more (there are instances wherein the symptoms appear much faster, especially if the amount of asbestos exposed to and the amount of fibers inhaled are too great). Thus, by the time this deadly, chronic cancer becomes diagnosable, it would already have developed to a stage wherein no type of treatment is longer possible.

According to the website of the mesothelioma attorneys at the Williams Kherkher law firm, Many companies responsible in exposing their workers to asbestos have already ceased operations after filing for bankruptcy due to the large number of civil lawsuits these were faced with; some others, though, were bought by giant firms. The closure of such companies, however (or the merger of others with a wealthier firm), neither lessens the right of mesothelioma victims from pursuing these, nor lessens the victims’ chances of receiving the full amount of compensation they are legally entitled to receive.

Civil lawsuits can be complex processes for the victims and their families. Besides all the documents that need to be prepared, computation of damages resulting from the work-related illness will also have to be done accurately. There are many other legal details that need to be addressed and, in all these, only a specially trained lawyer will be able to provide the kind of assistance required.

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Mineral Rights and Associated Taxes

Posted by on Mar 20, 2015 in Mining Rights | 0 comments

Mineral rights can be taxed on both state and county levels. The county level tax is levied through ad valorem, which is Latin for “according to value” and is billed and pain only once a year. In some states, including Texas, the ad valorem tax is only applicable when the minerals are generating income and is paid alongside the state severance taxes.

Since mineral rights are categorized as real property, they are taxed according to their estimated “fair market value”. This refers to the amount (or price) that a willing buyer will pay for a mineral interest in the current market conditions when it is being sold in the open market. Just as with any person, those with mineral rights want to pay as minimal a tax as possible, and this often means lowering the fair market value. In order to maintain fairness, the state of Texas mandates an appraisal method where the market value of where a mineral rights owner is appraised county ad valorem tax is through the value of the discounted cash rate of the discounted cash flow as projected for future production. County ad valorem tax is not included in income tax in last year’s revenue.

The mineral rights owner will be given an estimate on the value of their minerals each year around March given by the county appraisal district. This would provide the mineral rights owner the chance to view their profits and determine whether they would want to sell mineral rights or keep them to get royalties. It is important for the mineral rights owner to talk with those who know how these process works in order to avoid legal complications and not get scammed from your profits. Because county tax and state tax is different, and it is not included in the income tax, many mineral rights owners get confused and end facing legal problems. It is therefore recommended to talk with someone who specializes in mineral rights in order to avoid such difficulties and get the most from their mineral rights.

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Can You Trust Your Doctor to be Accountable?

Posted by on Feb 1, 2015 in Medical Lawsuits, Personal Injury | 0 comments

More often than not, people put their absolute faith unto medical practitioners. After all, simply practicing in the field requires incredible knowledge and sacrifice as a lot of dedication is demanded from these professionals. However, they are but only human and can make mistakes. Due to the fact that they deal with something as precious and fragile as human life, the littlest mistake could result into the most devastating consequences.

Medical malpractice is a subset of personal injury law that holds medical practitioners accountable for any injury that their practice may have caused onto a patient, either intentionally or unintentionally. There are many intricacies that are laid within cases such as this. For example, if a doctor were to misdiagnose a patient due to outdated knowledge or careless, reckless behavior then that is grounds to charge legal action. According to the website of the Abel Law Firm, some physicians may possibly prescribe potentially dangerous pharmaceuticals with devastating side effects .

There are many possibilities and subtle changes that could shift the scale in anyone’s favor – and it isn’t just purely physicians who may be charged with medical malpractice. Healthcare providers as well as other professionals within a similar field (e.g. nurses, paramedics, etc.) are also to be held accountable for any injury that a patient might attain due to negligence. It is a risky profession and the cost of one mistake could be great and terrible for everyone involved.

If you or someone you know has been the victim of medical malpractice, it is highly recommended for you to seek legal aid that is knowledgeable about this specific branch of law in order to save everyone time, stress, and effort. An attorney for this case must not just have the wits for court but also the technical know-how of medical jargon and procedures in order to confidently and justly represent your case.

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Some Clarifications about the Texas Prompt Pay Act

Posted by on Dec 13, 2014 in Insurance | 0 comments

The Texas Prompt Pay Act (TPPA) was enacted in 2003 and it is specific to the state of Texas. This was in response to the lobbying of doctors and hospitals that were contracted by Health Management Organizations (HMOs) and Preferred Provider Organizations (PPO) that were for years not being paid in a timely manner. HMOs and PPOs are actually health insurance companies, and as such are subject to federal and state laws governing insurance companies. A Texas prompt pay lawyer will typically have doctors, hospitals, and pharmacies as clients for TPPA cases.

However, the TPPA is different from the Prompt Pay statutes, which apply to insurance companies in general, and although it also address the timely payment of legitimate insurance claims they have different rules and regulations from the TPPA. In addition, there are certain prompt pay laws that actually refer to the rules governing payments by the government to its contractors.

The different uses of the term “prompt pay” can be confusing for the lay person, and adding to the confusion is the fact that states have their own statutes for each of these uses. When referring to prompt pay law, you have to be specific about your circumstances so that you get the information you are looking for.

Specifically, if you are a healthcare provider in Texas contracted by an HMO or PPO to provide certain services and you are experiencing unreasonable delays or denial of payments, you are most probably covered under the TPPA rather than other statutes. Consult with a prompt pay lawyer in your area to see if you are eligible for protection under the TPPA. The TPPA is embodied in the Texas Insurance Code as well as the Texas Administrative Code that address the Department of Insurance if you need more details (28 Rule §21.281).

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