Archive for July, 2010

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Dole Toxic Chemical Case Thrown Out of Court

Friday, July 30th, 2010

Earlier this week, a Los Angeles court threw out a 2007 multimillion-dollar verdict in a Dole Food Company product liability case. The case involved six Nicaraguan men who claimed they are sterile from exposure to pesticides. These men alleged to have worked on a Dole banana farm back in the 1970s in Nicaragua.

The U.S. stopped using the pesticide in question, DBCP (dibromochloropropane), during the 1970s. Workers claimed that Nicaraguan banana farms continued to use DBCP. Nicaraguan citizens who have claimed they sustained countless injuries due to Dole’s chemical use were banking on a successful settlement.

This verdict is a tremendous victory for Dole Food Co. Los Angeles Judge Chaney cited there was no evidence proving who actually worked on a banana farm and whether the workers that did during that time had exposure to the chemical. Thousands of Nicaraguan workers have claimed injury from pesticide exposure.

Additionally, the court dismissed two other cases in question due to fraud. It seems that both Nicaraguan and American personal injury attorneys may have altered medical exams and tried to hire phony banana farm employees. Of the six men in this case, one helped commit fraud, and two others never worked on a banana farm. The others had no supporting evidence of working on the farms.

The Los Angeles defective product attorneys at The Law Offices of Samer Habbas have been following this case closely. We have many clients who have experienced injury due to exposure to toxic chemicals at their workplaces. We have also found that a case like this in the news helps people who have been truly impaired to seek the advice of a personal injury lawyer. If you believe you are a victim of toxic chemicals, call us today at 888.848.5084 to discuss your case.

Drug Recalls: Is Avandia Next?

Wednesday, July 28th, 2010

On July 16, 2010, the Food and Drug Administration (FDA) decided to keep the diabetes drug Avandia (rosiglitazone) on the market despite a cardiovascular threat to some patients. Conflicting studies have shown that the drug rosiglitazone promotes increased cardiovascular risk to patients with diabetes.

The FDA, as well as the Endocrine Society, the American Association of Clinical Endocrinologists and the American Diabetes Association, have issued warnings that stopping the drug abruptly may cause a patient more serious short-term health problems and complications.

It is the recommendation of the Southern California drug recall attorneys at the Law Offices of Samer Habbas to speak to your doctor before discontinuing any medication. Oftentimes, people hear reports on the news about defective drugs and suddenly stop taking their medication. The withdrawal effects of abruptly stopping any diabetes medication can result in a rise in blood glucose that can cause complications in the future.

There are alternative medications other than Avandia for diabetes that you can consider if you are at a high risk for cardiovascular episodes. Call your healthcare care provider as soon as possible to determine whether one of these other medications would be right for you.

If you have experienced health problems due to Avandia, you should report them to your doctor right away. You should write down what happened each time and keep the medication bottle. Keeping accurate records of any Avandia drug complications would be crucial if stores pull the product from their shelves.

At The Law Offices of Samer Habbas, we have a team of drug recall attorneys who are here to answer any questions you have. Feel free to call us with questions about the Avandia drug recall at 888.848.5084 or visit our website for up-to-date news on how our civil litigation department is helping clients who have taken defective medication.

Small Victory for Clergy Abuse Victims

Monday, July 26th, 2010

Abuse in any form is reprehensible. It takes courage for a victim to be able to speak up and face his or her abuser in court. Knowing the abuser is behind bars does not erase the overwhelming sadness, confusion and anger that can follow a victim for life.

One of the most shocking types of sexual abuse is at the hands of members of the clergy. The role of a priest is supposed to include teaching, guiding and sanctifying. Priests are human, however, and commit cases of abuse and other crimes just like the rest of the population.

Priests have many opportunities to be alone with children including spending time with altar boys and girls, coaching sports teams, teaching religious education, organizing church activities, etc. These predators know just the right way to manipulate their victims into keeping the abuse secret. Sometimes the abuse goes on for years before the priest chooses another victim or the victim grows too old to be desirable to the abuser.

Years ago, if a priest molested a member of his congregation, the pastor and/or bishop would secretly transfer him to another parish. Although speculation among church members could suggest abuse, no one ever knew for sure. In most cases, the abuser then exhibited the same behavior in the new location.

Just last month, however, victims received a small victory for clergy abuse cases. The Supreme Court ruled not to dismiss an Oregon abuse case against the Roman Catholic Church brought by a sexual abuse victim. This ruling opens up opportunities for Southern California clergy abuse attorneys to empower their clients to fight for restitution and justice.

The clergy abuse attorneys at The Law Offices of Samer Habbas are following this case very closely. If a priest or member of a church abused you, call us in confidence at 888.848.5084. Getting help is the key to your recovery.

Is Facebook the New Smoking Gun in Personal Injury Cases?

Friday, July 23rd, 2010

A personal injury occurs when someone suffers injury through the negligence or misconduct of another person. The injury doesn’t have to be solely physical in nature; it could be a financial loss or damage to someone’s reputation.

A motor vehicle accident, slip and fall or the use of a defective product can cause common types of personal injuries that are physical in nature. A financial injury is one in which the action of another person harms you economically. For example, if your stockbroker mismanaged your account, you would have cause to sue for the financial loss. A personal injury that hurts your reputation could be due to someone spreading rumors about you or posting malicious information in the news or on the Internet.

The injured person can sue the person or entity responsible for any of these types of injuries. Since the burden of proof is on the injured person, it is best to seek the advice of a personal injury lawyer for advice.

We are seeing a new kind of proof that insurance companies are using to refute an injury claim. It’s using social media such as Facebook, MySpace and Twitter. These websites are popular social networking sites where people can post information about themselves. The Law Offices of Samer Habbas have seen an increase in clients whose postings cost them a settlement. Always remember that someone may be able to use what you post on the Internet against you in a lawsuit.

Therefore, the answer to the original question is, “Yes, Facebook is the new smoking gun in personal injury cases.” Insurance companies need to gather as much evidence as they can to decrease the amount of damages they will pay out. They are now using non-traditional methods to gather this information. Here’s an example: You are in a car accident in Los Angeles and claim you can’t work because of severe back pain. However, your Facebook page shows you skiing.

Monitor what you write and post on the Internet because it can affect you negatively in a personal injury lawsuit. Feel free to contact the Southern California attorneys at the Law Offices of Samer Habbas at 888.848.5084 if you have any questions about social media and personal injury cases.

Wrongful Death: Facts You May Not Know

Wednesday, July 21st, 2010

It’s been a little more than a year since the death of superstar Michael Jackson here in Los Angeles. The case is a source of interest to many of the wrongful death lawyers at The Law Offices of Samer Habbas who grew up listening to the music of Michael Jackson and the Jackson Five.

Many consider Jackson’s death a wrongful death case caused by his doctor’s negligence. Jackson’s personal physician, Dr. Conrad Murray, administered the powerful drug Propofol to help him sleep. However, Propofol caused his death instead.

For the last year, there have been countless news articles about Michael Jackson’s accidental death. Some of the stories have inadvertently passed along incorrect information about wrongful death lawsuits in Southern California. In order to dispel any misconceptions you may have, we’d like to make you aware of some facts:

Who can file a wrongful death lawsuit?

An immediate family member such as a spouse, domestic partner or child can file a wrongful death lawsuit. Parents, brothers and sisters or grandparents can make a claim for wrongful death if the victim was unmarried and childless.

When can you file a wrongful death lawsuit?

Each state’s statute of limitations specifies the length of time in which one must file a lawsuit for wrongful death. One must file a California wrongful death lawsuit within two years of the victim’s death or the discovery of the injury causing the death. In the case of a wrongful death lawsuit filed against a doctor, like Jackson’s, a person must file within one year.

What type of damages can one recover in a wrongful death lawsuit?

Compensation for wrongful death cases includes burial or funeral costs, medical expenses, out-of-pocket expenses, pain and suffering, loss of companionship, loss of service to the family, loss of earning potential and loss of pension.

If you have any other questions about the wrongful death of a loved one in Southern California and Los Angeles, contact The Law Offices of Samer Habbas. We offer a free consultation to discuss your case. Call us today at 888.848.5084.

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