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WHAT’S GOING ON?

It’s always quite busy in my departments.  My practice changes as technology advances, so from time to time I like to let people know what types of cases I’m investigating and/or prosecuting.  So here we go…


NURSING HOME LITIGATION

I’m pleased that my department has had the opportunity to prosecute many cases for some wonderful people whose loved ones were neglected and abused by corporate nursing home chains.  I thoroughly enjoy overseeing our nursing home litigation, but now it’s even more exciting.  Jeffrey Schlapp has joined our firm.  Formerly the Vice President of a corporately-owned nursing home chain, Jeff became an attorney to accomplish what he could not from inside the corporate structure; improve the lives and care of nursing home residents by holding corporations accountable and forcing change through the court system.

Jeff comes to the Horwitz firm experienced in the inner workings of corporate nursing homes, with in-depth knowledge of federal regulations, and he can look at a nursing home cost report and see exactly how the facility is shorting its residents for profit.  Jeff has already contributed a lot to the firm and we all expect great things from him in the future.

We are seeking punitive damage awards in our cases.  We are also pursuing cases involving whistleblowers that are forced by their conscience to expose the fraud, over-billing, neglect and abuse at nursing homes.  Qui Tam actions will likely be filed.


PRODUCT LIABILITY; PHARMACEUTICAL AND MANUFACTURER CASES


I am currently investigating cases involving the Anemia drugs Epogen, Aranesp & Procrit.  This drug was indicated for anemia secondary to chronic kidney failure. However, it has been frequently prescribed (I believe over-prescribed) for anemia secondary to chemotherapy. If you have been prescribed these drugs please call me.

PEANUT BUTTER LITIGATION

Not to worry about Boston Scientific though; its CEO got twenty three million in compensation in 2006.I am currently prosecuting a case of death from tainted peanut butter.

I am prosecuting cases involving Boston Scientific 'coated stents'  Boston Scientific has admitted increased risks of blood clots with its coated stents.  A U.S. House of Representatives Committee is currently seeking information from Boston Scientific and Johnson & Johnson about coated stents, while an FDA panel is investigating the stents as well. But if you’ve seen the Bush Administration’s anti-consumer government at work, you probably realize that’s not going to help.  Not to worry about Boston Scientific though; its CEO got twenty three million in compensation in 2006. With that kind of money being paid to just one person, there should be plenty to pay victims, right?

I am also prosecuting cases where teenagers have committed suicide while taking the drug Paxil.  We are investigating other Paxil-related cases as well.

I am prosecuting cases where people have been severely injured or killed from the use of a Duragesic patch. The patch is used to deliver a continuous dosage of potent narcotics over several days through abs orption from the skin, much like a nicotine patch for smokers trying to quit.

I am also prosecuting product liability claims where the Kugel Hernia Patch has failed.  The manufacturer has already withdrawn the large and extra large patches.


PRODUCT LIABILITY AUTOMOBILE CASES

Air bag cases, both non-deployment and low speed deployment are tough cases, but are cases I prosecute despite the difficulties involved.

Child restraint safety seats provide no real protection in side-swipe or “T-bone” accidents.  Hopefully, through litigation we will force a better design to become standard.

Fuel system failures and fires caused by automobile accidents are heart wrenching cases.  These cases must be aggressively prosecuted to force the manufacturers to change the design and make vehicles safer.

Roof crush from vehicle rollover is an area where I’ve acquired a great deal of knowledge and experience.  Fortunately, I also have a lot of literature on the subject, including the manufacturer’s own documents.  I hope I will continue prosecuting these cases.

Tire tread separation?  Yes it’s still occurring.

Seat Back Design, seat back failure and seat track failure  is an interesting area. We have only recently learned what the manufacturers have known for far too long; too many automobile seats are unnecessarily dangerous. Only through litigation will this change and the public be made safer.

Seat belt cases. Be it the rear seat lap belt only or other seat belt failures, it’s sad to see seat belts that cause injuries instead of preventing them, especially when there are excellent alternatives available on the market.


ASBESTOS CASES

I know what you’re thinking; Asbestos has been outlawed for decades, right? Wrong. Asbestos is still being produced and used today. You would be surprised if you knew where it's being used. Don't believe me, do your own research. It was never outlawed and it never went away. It's still killing.

Asbestosis and Mesothelioma are still real threats for hundreds of thousands of people, as well as actual death sentences for others.

I'll be writing more on this topic soon and recommending a few books that describe the horrible history of this product.

If you have any questions about your own case please feel free to call me.


Posted by Michael Carter Thursday, March 22nd 2007 RSS || Email Michael about this || Link to the Post