Posts tagged with attorney

First MiniMed Lawsuit Filed against Medtronic, Inc. on Behalf of Six Injured Insulin Pump Patients

February 3rd, 2010

Houssiere, Durant & Houssiere, LLP filed the first MiniMed lawsuit against Medtronic, Inc., Medtronic MiniMed, Inc. and Medtronic Puerto Rico Operations Company, Nov. 30, 2009, on behalf of six patients who claim they have suffered severe injuries as a result of using a defective MiniMed insulin pump. With an estimated 60,000 defective insulin pumps on the market, thousands of patients may be at risk.

Medtronic Paradigm Quick-set Infusion Sets
“MiniMed lawsuits are product liability lawsuits where the product itself is on trial,” said Charles R. Houssiere III of Houssiere, Durant & Houssiere, LLP. “Trusting customers of Medtronic may have sustained injuries and damages because of their body’s possible reaction to the lack of insulin or the excessive insulin infused through the Quickset infusion device.”

MiniMed Insulin Pumps are designed to provide to Diabetic patients the correct amount of insulin their bodies need to survive. However, a potential defect in some of the Quick-set® Infusion sets that are used in conjunction with the MiniMed Paradigm insulin pumps may deliver an incorrect dose of insulin to Diabetic patients, which may result in severe injuries and death.

“As trial lawyers, we represent the injured and their families. We hope to inform victims of product defects of what they can do to be compensated for injuries caused by those products,” said Houssiere. “We intend to learn what Medtronic knew and when they knew it in regard to any possible defect in the insulin pump system.”

Medtronic, Inc. issued a Class I recall of their Quick-Set® Insulin Infusion sets, July 10, 2009. The company estimated that roughly 60,000 out of 3 million infusion sets could be affected. The recall explained a manufacturing defect of the tubing used in the Quick-Set® Infusion sets, referred to as “Lot 8,” which may prevent the pumps from properly venting air. The defect could potentially cause patients to receive too little or too much insulin, which could ultimately result in injury and death.

“We believe it is our responsibility, as trial lawyers representing people and families, to bring possible defects to the public,” says Houssiere. “We need to do as much as we can to inform the public if we learn there is something wrong with this device.”

He says potential injuries can include confusion, fainting, dizziness, difficulty speaking, sweating, seizures, coma and death.

This is the first lawsuit to be filed against MiniMed, Inc. regarding the insulin pumps. The multi-plaintiff lawsuit (case number 4:09-cv-03854) was filed with the United States District Court, Southern District of Texas, Houston Division Nov. 30, 2009.

Contact Info:

Contact: Stephanie Brundage

Phone: 713-626-3700

Email [email protected]

Bankruptcy is not Dead

February 23rd, 2008

Bankruptcy is still an available option to most Americans in financial difficulty. Creditors can be stopped, and foreclosures can be prevented.

Recent changes in the Bankruptcy Laws and the publicity associated with them has led many to believe that Bankruptcy is no longer available as a means of avoiding unbearable debt. This is not true.

In 2005, Congress passed sweeping legislation, sponsored by the Consumer Credit industry, which changed the requirements for seeking Bankruptcy relief. Since the 2005 amendments to the Bankruptcy Code there has been a lot of misinformation regarding the accessibility of the Bankruptcy Courts for Americans in financial difficulty. But Bankruptcy is not dead.

In fact, today, most Americans in financial difficulty can still use the Bankruptcy Courts for protection. There are two ways to establish your eligibility for a Chapter 7 Bankruptcy.

One way to establish eligibility for a Chapter 7 Bankruptcy is to show that the household’s income, for six months, is less than the national median income for the same size household (adjusted for each state). Of course, many households in America make less than the median income while a similar number make more than the median income.

For those households that make more than the median, there is a second test to establish eligibility for Chapter 7 Bankruptcy. However, the second test is more complicated. The second eligibility test is based upon whether most of the household’s income is needed for the necessities of life. Many American households, today, use all of their income, and more, for the necessities of life. This second test, therefore, affords eligibility to many households which make more, sometimes much more, than the national median income.

We find that more than 75% of the individuals that consult with us regarding Bankruptcy protection are eligible under the 2005 Amendments to the Bankruptcy Code. This, of course, requires a careful analysis by an experienced Bankruptcy Lawyer.

Before the law was changed in 2005 many lawyers and paralegals dabbled in Bankruptcy. Today, many of those lawyers and paralegals will not. The State Bar of California, Board of Legal Specialization certifies the competency of Bankruptcy Specialists so that a client seeking the advice of a Bankruptcy Specialists can be certain that the chosen lawyer is competent to protecting their interests.

In these troubled financial times there is one portion of the Bankruptcy Code, which specifically affords protection for people under the threat of foreclosure. Chapter 13 of the Bankruptcy Code allows for homeowners to stop foreclosure proceedings and force their lenders to allow sixty months to pay back arrearages. This is just the relief that many American Households need.

Here too, the eligibility for a Chapter 13 Bankruptcy is something that should only be analyzed by an experienced Bankruptcy Lawyer. The specific financial facts for each individual must be review in determining whether Bankruptcy is a good idea. But, it is still available and makes good sense for many financially troubled Americans.

Bankruptcy is not dead but alive and well as a tool in the hands of an experienced lawyer to protect valuable assets and financial well-being.

Richard A. Brownstein
Brownstein and Brownstein LLP
21700 Oxnard Street, Suite 1160
Woodland Hills, CA 91367
Tele: 818 905-0000
[email protected]

http://www.brownsteinllp.com

One of only 105 lawyers in the State, Certified by the California Bar Association, Board of Legal Specialization as a Bankruptcy Specialist.

Bar certified bankruptcy specialist insists: Chapter 13 bankruptcy can stop foreclosure

February 14th, 2008

In 2005, when Congress made sweeping changes to the Bankruptcy Code, they left virtually unscathed the Chapter 13 Bankruptcy provisions designed to save a home from foreclosure. Today, in the face of massive foreclosures, many families are unaware that Chapter 13 Bankruptcy may still be used to prevent foreclosure.

There are three different types of Bankruptcy that are generally available to individuals:

Chapter 7 Bankruptcy (sometimes referred to as a liquidation) is the most common. In this Bankruptcy qualified individuals are allowed to discharge most of their unsecured debt in exchange for allowing their non-exempt assets to be liquidated by a Trustee.

Chapter 11 Bankruptcy (sometimes referred to as a business reorganization) is expensive and typically reserved for business or individuals with substantial assets and substantial income. Chapter 11 allows debtors to reorganize their debt and pay their creditors over time. The amount that they pay depends upon the value of their non-exempt assets. The amount of time allowed is based upon current and projected income.

Chapter 13 Bankruptcy (sometimes referred to as a wage earner’s reorganization) is relatively inexpensive and exclusively for individuals with the ability to pay certain required obligations within a three to five year period. The amount that needs to be paid over a three to five year period is determined by the value of non-exempt assets, the amount of certain non-dischargeable debts, and current income.

Chapter 13 Bankruptcy allows property owners who are delinquent on their mortgage payments to abruptly stop foreclosure proceedings. This is true for any type of Bankruptcy filing, up to the day before the foreclosure sale. But Chapter 13 is uniquely structured to allow the property owner to pay the delinquency in equal monthly installments over as much as sixty months (the PLAN). So long as the PLAN complies with the technical requirements of the Bankruptcy Code, there is no need to get the lender’s agreement to the PLAN.

It is true that Chapter 13 Bankruptcy has rather stringent qualifications, including total amount of debt and ncome. It requires a competent Bankruptcy Lawyer to analyze the specific debt and income facts to determine if the property owner qualifies. But assuming a property owner can meet these qualifications, Chapter 13 provides a mechanism for them to stop the foreclosure and protect their property for five years … or at least until they can find a buyer at a reasonable price.

Time is the primary benefit. Chapter 13 will provide the time needed to ride out the current emergency.

Richard A. Brownstein

Brownstein & Brownstein LLP

21700 Oxnard Street, Suite 1160

Woodland Hills, CA 91367

Tele: 818 905-0000

[email protected]

Richard R. Brownstein is one of only 105 lawyers in the State, Certified by the California Bar Association, Board of Legal Specialization as a Bankruptcy Specialist.

Tips for Protecting Your Rights if you are Arrested

November 20th, 2007

Learn your rights. The actions a person takes and the statements a person makes prior to and following an arrest can have a huge impact on your case!

  1. Most importantly: Remain Silent! If you are being questioned chances are good you are a suspect and they are gathering evidence against you. Law enforcement will offer you encouragement to cooperate and tell you things will go easier on you if you talk to them, however, doing this may put your rights at risk and jeopardize your case! DO NOT ANSWER QUESTIONS WITHOUT AN ATTORNEY!
  2. If they read or tell you your Miranda rights, they suspect you have committed a crime. Just as when an officer merely approaches and questions you, you have the right, if you are stopped, to refuse to answer any questions if the answer would tend to incriminate you. Also, if you are only being stopped, you can refuse to allow an officer to search your person. Further, anything you say can be used as evidence against you. Sometimes people think that what they are saying won\’t incriminate them, when in fact, what they say provides a link in a chain of information that could incriminate them.
  3. You may be arrested by a police officer who personally saw you violate any state statute, city ordinance or federal law. The law may be a serious crime (a felony) or a lesser offense (a misdemeanor) or when there is a warrant for your arrest, whether or not you are aware of the warrant.
  4. If you are arrested, do not argue with or resist the police. Arguing or resisting the police will not help you; it may increase your chances that the police will arrest you and bring criminal charges against you. It probably also will give them grounds to bring even more criminal charges against you, and it may make it harder for you to get out of jail on bail if you are charged. Once officers no longer have grounds to detain you, they should tell you that you are free to go.
  5. If you are arrested you have rights that you should be aware of: The right to remain silent and not answer any questions at all; the right to know that if you waive (give up) your right to remain silent and do answer questions, the police can use your answers against you in a court to get you convicted. Even if you begin to answer questions, you have the right to stop answering questions at any time and to speak with an attorney. You have the right to speak privately with an attorney before you answer any questions or sign anything. If you cannot afford an attorney and if the crime for which you have been arrested has jail time as a possible penalty, you have a right to have an attorney appointed for you to represent you at no cost to you before being questioned, and to have that attorney present with you during any questioning to which you may later agree to submit. Remember, you cannot be penalized for refusing to answer an officer’s questions. If you try to cooperate by answering questions while you are being held in police custody, you may create difficulties for your lawyer in defending you later on. ALWAYS ASK TO SPEAK TO A LAWYER. If you find yourself questioned or arrested it is important for you to be aware of your rights. Guilty or innocent, it is important for you to adhere to them in order for your attorney to provide you with the best defense possible.

For more information concerning your rights please visit our website at www.padamslaw.com. Adams Law office is located at 2 W. 6th St. Suite 500 Tulsa, Oklahoma 74119 or we can be reached at 918-587-8700. Our firm specializes in the defense of serious criminal offenses throughout Oklahoma.

6 Tips for what to do if your child is Arrested

November 19th, 2007

Nothing can cause more stress for a parent than when your child is in trouble. Here are 6 steps to follow to help guide you.

  1. Don’t panic! This can be a very scary time full of fear, anger, and confusion and you will need to resist the urge to accuse or place blame at this time. Having a child accused of a crime is an emotionally traumatic event and in order to prevent being overwhelmed by the criminal justice system you will need to remain calm.
  2. Determine if a bond has been set or when it will be set. Don’t insist on knowing the details right away, at this point your child will probably be reluctant to tell you anyway. Ask to speak with the officer or clerk to find out what he is charged with, whether a bond has been set, and if so, what the amount is. If no bond has been set, find out when a bond will be set.
  3. Encourage your child not to waive their rights to remain silent or to legal counsel. Tell your child to remain calm. Let them know you are working to get them out of jail. Remind them of their right to remain silent and tell them to use it! The days of explaining the situation, apologizing, and going home are long gone.
  4. Bond the child out of jail if possible. Resist the urge to “teach him a lesson” by leaving him in jail. Leaving anyone in jail until the case is resolved is rarely a good idea. Getting a child back to school or work so that they can help defray their legal expenses, can be an important factor in mitigating any damage the child has done to himself or herself.
  5. Retain competent legal counsel. Be prepared to spend some money. You are protecting the investment you’ve already made in your child. Resist the temptation to allow your child to be represented by the public defender. While no lawyer can guarantee the outcome of any case, a competent, experienced, and creative criminal defense lawyer will be worth what you pay for him or her.
  6. Support your child as they go through “The System”. Criminal charges should never be taken lightly. A conviction remains with a person long after the fines are paid and any probation or jail time are served. Innocent or guilty, your child needs your support, monetarily, emotionally and even spiritually. People make mistakes. Young people make lots of mistakes. Some mistakes are more serious than others. Even if your child has been guilty of a crime it doesn’t mean they are going to be a criminal for the rest of their life. It means they need the help and assistance of a competent criminal lawyer. Do not be afraid, ashamed or hesitant to call one. Having a child in trouble is a very traumatic experience for any family to go through.

Following these simple steps can help guide you get through this tough time.

Adams Law Office PLLC is dedicated to providing the best criminal defense for all citizens of Oklahoma. We are located at 2 W. 6th St. Suite 500, Tulsa, Oklahoma. 74119. For more information contact us at 918-587-8700 or visit our website at www.padamslaw.com