Freedland Russo Blog

Freedland Russo: The Case For Alex Sink

2010-11-01T12:31:00.002-04:00

Dear Friends:

We know many of you are probably sick of hearing about political matters. We do not presume to be political advisors, and do not mean to be a bother. However, we are writing to strongly urge you to get out and vote for Alex Sink. This election may be the most important election to Floridians, and will directly impact our lives and the lives of our children for years to come.

Alex Sink is ready to lead Florida as governor whose priorities and values, leadership style and perspective, were shaped by decades of real-world experience as a business leader and a life lived outside of politics.
After a successful 26 year career in business in Florida and then serving as a member of the Florida Cabinet, nearly every major newspaper in Florida has endorsed Alex’s candidacy. Florida has never had a governor who comes to the job with Alex Sink’s hands-on, real-world experience in the private sector. With over one million Floridians out of work and Florida consistently ranking among the top three states in the nation for home foreclosures, the time has come for a leader with Alex’s business experience and acumen.

Alex worked her way up during a distinguished business career that culminated in her leadership of Florida’s largest bank. She managed more than $40 billion in customer deposits while supervising more than 9,000 employees in 800 branches and earning a reputation for credibility, integrity and dedication to her local customers. During her career, Alex helped thousands of Floridians get the resources they needed to start or expand their own businesses, both large and small, and helped everyday Floridians achieve dreams like sending their children to college.

While in the private sector, Alex repeatedly gave back to her state and community. Governor Lawton Chiles appointed Alex to the Florida Commission on Government Accountability to the People, charged with finding ways state government could be more responsive to the people of Florida. As vice chair of Florida TaxWatch, she became a recognized leader on fiscal responsibility. And Alex dedicated herself to Florida’s children through her service on Governor Chiles’ Commission on Education, the Hillsborough Education Foundation and as chair of Take Stock in Children.

On the other hand, Rick Scott is dangerous, crooked, and wrong for Florida. He has no political experience, has only lived in Florida for seven years, and espouses policy which is bad for small business, bad for consumers, and bad for us. He believes in economies of scale, meaning favoring large corporate interests over small business owners. He wants to completely cut state spending on essential services, not in a wise way, but in an extreme way. By this, he means privatizing the fire department, closing prisons, shutting public schools. One of the only areas where Mr. Scott wants to increase spending is in Medicare and Medicaid reimbursements. Not surprisingly, he still owns medical companies that would directly benefit from such government handouts.

Rick Scott is about Rick Scott. He has always been, and he will always be. In addition, he has vowed to destroy the civil court system in order to assist big insurance companies. This means that small businesses and homeowners will no longer have any mechanism to ensure that their insurance companies, to whom they pay premiums, protect them when they are in need. Rick Scott's proposal will allow insurance companies to delay investigation and payment of your insurance claims and seriously undermine your ability to recover for your losses when you are injured or your property is damaged. It also means that injured and aggrieved citizens of Florida will have no recourse for their grievances. Rick Scott would allow car manufacturers to avoid liability for producing defective, unsafe cars. This proposal would put money in the pockets of out-of-state car manufacturers, at your expense. Families and taxpayers will be burdened with paying for the needs of the injured-through Medicaid-while the car manufacturers are excused for their unfair and secretive practices. Rick Scott wants to immunize private corporations from their own wrongdoing during disaster recovery efforts. Why should a private, for-profit corporation, like BP, be excused from paying the damages caused by its wrongdoing?

Rick Scott’s own running mate called him “dangerous” during the primary, as did many members of the Republican Party, some who now support him, and some who have refused to come out for him.

This election is not about taxes, we have no State income tax. It is not about Federal Spending, it is a State election. It is about our future, and Alex Sink, a moderate with a solid track record in business and government is the right choice. She is the one candidate who will keep special interests in their place, and will work for consumers and the citizens of Florida. Rick Scott is simply too dangerous to be trusted with our future.

Alex Sink will protect our rights and keep contrary special interests in check. We encourage you to vote for Alex Sink.

Every voice matters. Every vote counts! Thank you!

BP Oil Spill Victims Respond to Kenneth Feinberg

2010-07-27T02:49:00.007-04:00

BP Oil Spill Victims Document Damages

STEINHATCHEE, Fla.--(BUSINESS WIRE)--In response to recent statements by BP Oil Claims Administrator Kenneth Feinberg, the law firm of Freedland Russo and several of the oil spill victims have documented the reality of how lives have been affected on the Gulf Coast. On behalf of hundreds of residents in forgotten communities along the coast, it’s important to refute statements made on behalf of the oil giant that there’s been a minimum impact in the Florida Panhandle.

“Many of the news reports about the BP Oil Spill have been from larger beachfront communities showing the impact of surface oil”
.Feinberg, at a recent Washington hearing, was asked whether the $20 billion fund would pay compensation in places where no oil had washed up on the beach? Feinberg replied, "If there's no physical damage to the beaches and it's a public perception, I venture to say that it is not compensable," Feinberg said. "How we deal with that problem is something I've got to address."

Business owners in the small town of Steinhatchee Florida, the gulf scalloping capital of the world, are battling a major “public perception” crisis which is threatening the survival of this small fishing village.

Scalloping high season is supposed to kick off with significant activity and catches. Unfortunately, businesses are already feeling like they are living in a ghost town. The sad stories include:

Gary and Karen Alberts owners of Ocean Fresh Seafood, a fishing and seafood distribution company, have seen their orders dramatically reduced since the oil spill crisis began and have had to let most, if not all of their fisherman go because of the low demand for gulf seafood. Their employees have had to relocate to eastern cities like Jacksonville in search of new work. The Alberts are now faced with the decision of shutting down their business that has thrived for over a decade

Jim Hunt, who runs Fiddler’s Restaurant and motel, sees no signs that scalloping season has arrived. And Charlie Norwood, operator of Sea Hag Marina and Lodge says he’s fielding up to 50 calls a day canceling reservations for charter boats because people believe the oil is everywhere in the Panhandle.

“The damage that has already been done to small towns in the Panhandle far exceeds the initial reports of minimum impact to the region,” said Michael Freedland, a partner in the Freedland Russo firm. “The worst is not over at this point. Not only have lives been impacted, the future of cities such as Steinhatchee are in doubt.”

“ Many of the news reports about the BP Oil Spill have been from larger beachfront communities showing the impact of surface oil,” said attorney Anthony J. Russo. “It is important to document how other Florida residents have had their lives destroyed.”

Photos/Multimedia Gallery Available By Clicking Here

Freedland Russo Announces Partnership of Prominent South Florida Attorney Daniel Harwin

2010-07-26T21:57:00.002-04:00

The Law Offices of Freedland Russo announced today that prominent South Florida attorney, Daniel Harwin is now a partner in the firm. Harwin comes to Freedland Russo with vast experience in the areas of medical malpractice and big pharma litigation. He has routinely garnered settlements in excess of $1 million for his clients. Currently, he is leading the charge at Freedland Russo against the mammoth pharmaceutical giant SmithKline Beecham for the damaging effects of its popular diabetes drug, Avandia.

For their part, Michael Freedland and Anthony Russo are delighted to have Harwin aboard. “He brings an additional knowledge base and a unique perspective to our firm,” said Michael Freedland. Freedland was referring to the years of experience that Harwin gained representing physicians and insurance companies in medical malpractice lawsuits. “During that time I learned how big pharma and big business thinks. I know what makes them tick. I know their weak spots,” Harwin said. Anthony Russo agrees, “Dan’s experience gives our firm a singular advantage in pursing litigation against companies like the makers of Avandia. In the end, that’s good for our clients,” said Russo.

Harwin says the firm is moving ahead with their suits against the drug maker of Avandia, SmithKline Beecham because a recent report surfaced that the company hid important test data. “If this proves true, it is appalling that SmithKline Beecham would be arrogant enough to do it and believe that they could get away with it,” Harwin said. At the center of the Avandia storm is the alleged effects from taking the drug on a patient’s heart. “We are currently looking at all the data and doing our research,” Harwin added. He also said that they are beginning to receive calls and referrals from other law firms looking for assistance in pursuing similar cases.

Daniel Harwin received his J.D. degree in 2003 from the University of Miami. Prior to coming to Miami to study law, he received his B.A. degree from Rollins College in Central Florida. He was recently voted by his peers to Florida Lawyers “Rising Stars.” He focuses his philanthropic efforts in creating awareness and raising funds for the Susan B. Komen Breast Cancer Foundation. In his spare time he enjoys boating, fishing, playing tennis and being a huge fan of all the South Florida sports teams.

Will The Oil from The Gulf Really Reach South Florida Waters?

2010-07-07T07:24:00.004-04:00

With the threat of the BP Oil Spill looming dangerously close to the shores of the entire Gulf region, the media has again taken the opportunity to sensationalize the news. Instead of focusing on reporting news in a way that informs, the recent headlines have included "Oil from Gulf likely to reach South Florida waters, study says." Just another example of how the focus on headlines has become more important than the actual story.

If you read the subheading of this article, you learn that the "computer modeling shows [a]61 to 80 percent chance [that] tar balls will come within 20 miles of southeast Florida coast." An even further read informs us that the National Oceanic and Atmospheric Administration (NOAA) study produced 500 different models based on wind, currents and location of the oil. It goes on to say that the Gulf Coast of Florida, from Tampa to the Panhandle, has a 1 to 20% chance of tar balls coming within 20 miles of their shores. This is a stark contrast to a June 22 news article in which an NOAA director related that the Oil from the BP blowout was not likely to reach the Florida Keys or South Florida. (http://articles.sun-sentinel.com/2010-06-22/news/fl-florida-keys-oil-20100622_1_sector-key-west-spill-florida-keys)

Why the contradiction? So called "Experts" cite the change in currents. The truth is that no one knows. Why? Because there are too many factors. The BP Oil Spill is not a hurricane (although the forecasting of the oil path has repeatedly been compared to that of a hurricane) that meteorologists have been tracking and learning about for decades. It is an oil spill, the likes of which we have never seen before and certainly have no experience or expertise in predicting. There are just too many variables to accurately predict the path of destruction the Deepwater Horizon Oil Spill will take. Let's just examine a few.

First, the wind and weather currents. Those who have lived in South Florida and the Gulf Coast region for any length of time know all too well the weather patterns in the summertime and throughout the Hurricane Season. It is simply just too difficult to predict anything. Just look at some of the more recent devastating Hurricanes in this region. Hurricane Andrew, Hurricane Wilma and Hurricane Katrina, just to name a few. If you follow the path of those hurricanes, and many of the others that have made landfall, it is easy to see the point. There is no easily predictable path for a hurricane, even when it is bearing down on land. So how can we predict the path of a major oil spill when we have no prior history tracking oil spills?

Next, do we know how long the Deepwater Horizon Oil Spill will actually keep pumping oil uncontrollably into the Gulf of Mexico? The answer so far is NO. This is because neither BP nor our own government can answer that question. Certainly, if we cannot control the flow of oil into the Gulf for the next 9 to 12 months, or even more, there is going to potentially be enough oil for everyone to get their shores contaminated. Not just South Florida, but the entire Gulf Coast and even the eastern seaboard. Prognosticators could even predict that there may even be enough oil to litter the shores of Europe if we cannot stop the flow.

Finally, do we actually know how much oil has been dispersed beneath the surface? Has the oil sunk half way down? Has it made it all the way to the bottom? The chemical dispersants purportedly being used, Corexit 9500, is a highly powerful and toxic (nearly 4 times more toxic than oil) dispersant used to breakdown the oil. The result is that in the breakdown, oil is being dispersed to different levels of the Gulf, creating the blobs of oil you are hearing about under the surface. It is great to talk about the wind and current patterns that will drive the oil on the surface, but what about the currents on the bottom of the Gulf? Certainly, experts can agree that the currents on the bottom of the Gulf of Mexico are different than that those on the top. We have has heard about the reported findings of 6-mile long or longer by 1-mile or more wide blobs of oil floating under the surface. Something of that size or larger is certainly nothing to ignore. And when, and if, these oil blobs make shore, wherever that may be, it is going to be a catastrophic event.

One Year Later: Michael Jackson, Doctors and Desperate Measures by Anthony Russo

2010-06-29T16:56:00.001-04:00

This past weekend we celebrated the first anniversary of Michael Jackson’s death. And, what better time to look at some of the things we have learned from his death. The Los Angeles County Coroner ruled that Michael Jackson died from an overdose of the anesthetic drug, Propofol. Because the drug cannot be administered to oneself, amongst other reasons, Michael Jackson’s death was ruled a homicide. How could this happen?

We asked the same questions in the Weston Med Spa case. For Joe Orukotan, the widower of Rohe Kah-Orukotan, the anniversary of Michael Jackson’s death also serves as a painful reminder of his loss. As you may recall, last October, Ms. Kah-Orukotan was pronounced brain dead shortly after a routine liposuction procedure performed by Dr. Omar Brito at the Weston Med Spa in Weston, Florida. Ms. Orukotan’s death was also found by the Broward County Medical Examiner’s office to be caused by, amongst other things, excessive and improper administration of anesthetic drugs, including Propofol during her surgery. A wrongful death case against the Weston Med Spa and Dr. Brito has been instituted by Freedland Russo. Fortunately, Dr. Brito surrendered his license to practice medicine in March of this year and will never administer another drug to another patient.

But the Michael Jackson and Rohe Kah-Orukotan cases reveal a bigger problem. Every year, hundreds, if not thousands of patients nationwide are victimized by the excessive and improper administration of drugs. Most do not get headlines and many occur in a surgical setting. And we still ask why and how this happens?

Could it be the proliferation of plastic surgery? Bigger, better and more. The need for immediate results? You need only watch the countless reality TV shows to see housewives from New York and New Jersey to Atlanta and Los Angeles, undergoing any surgery that promises to help them look younger and better than their neighbor. There are those that will blame the patients. That is of course, until and unless of it is one of them or their loved one. Others blame the surgeons who have become like salespeople pedaling promissory surgical procedures like they were expensive handbags on sale. The only problem is that you cannot return a defective surgery, and certainly not an anesthetic overdose.

Our writers have been accused of attacking doctors on numerous occasions. Maybe that is true. But, doctors, like lawyers and other professional have an ethical obligation to those hiring them for their services. Too many times we see doctors and lawyers more concerned with lining their pockets than honoring and adhering to their ethical obligations. Doctors, remember the Hippocratic Oath…”never do harm”… Mass advertising, infomercials and reality TV shows have turned the services of professionals into fast food, profit turning, bottom-line businesses!

Blaming society is not the solution; it is part of the problem. Professionals need to stand up and act like professionals. When your vocation entails the handling of lives and not handbags, you will be held to a higher standard. If you don’t like it, go open a fast food restaurant!

Freedland Russo: An Oil Spill Report You Have To See

2010-06-29T07:02:00.005-04:00

This report is entitled Deja Vu. So true. Notice too that the company involved in this tragic spill 31 years ago - Senco - became Transocean.

*If you have experienced hardship or loss due to the Gulf Oil Spill, contact Freedland Russo

Freedland Russo: The Wreckless Behavior of "Big Oil" and "Big Business."

2010-06-26T07:14:00.002-04:00

Clearly we now can agree unrefutably that offshore drilling in the Gulf was not a good idea. The reckless behavior of "Big Oil" and "Big Business" that has consumed the better part of politics for the last decade has finally reared its ugly head!!!

Read this report that says it all...click here

*If you have experienced hardship or loss due to the Gulf Oil Spill, contact Freedland Russo

Freedland Russo: The Gulf Oil Spill Producing Toxic Rain?

2010-06-25T07:32:00.000-04:00

The complications for the Gulf Oil Spill are staggering. In this article Toxic Rain may be another byproduct of the spill. And our experts agree. Read it here: http://www.examiner.com/x-33986-Political-Spin-Examiner~y2010m6d17-North-America-facing-years-of-toxic-rain-from-poisonous-BP-oil-spill-dispersants

Freedland Russo: More Bad News for Gulf Residents

2010-06-23T07:19:00.002-04:00

Well, friends there is yet more bad news on the Gulf Oil Spill. As if our friends there didn't have enough to already worry about! Read the story here: http://www.sun-sentinel.com/news/weather/hurricane/fl-hurricane-and-oil-20100623,0,6779015,full.story

*If you have experienced hardship or loss due to the Gulf Oil Spill, contact Freedland Russo

Anthony Russo: The Gulf Oil Spill & Steinhatchee

2010-06-18T08:26:00.005-04:00

Before last week I have to admit, I had never heard of Steinhatchee. But now I will never forget it.

A small and quaint fishing community, Steinhatchee Florida is located in the "Big Bend" of Florida at the mouth of the Steinhatchee River, where the river flows into the Gulf of Mexico. It is about 90 miles south of Tallahassee, Florida and approximately 70 miles west of Gainesville, in Taylor County, Florida. Steinhatchee's location places it in the very heart of the Nature Coast. It was a small commercial fishing village where most of the residents have worked in the fishing or timber logging industry. While still small and quaint, commercial fishing in Dead Man's Bay has virtually halted due to the "Florida Net Ban" As such, most of the commercial fishing these days is done for Grouper off-shore in the Gulf of Mexico. Blue crabs, stone crabs and shrimp are still taken commercially by fishermen in the bay.

Recently, just a few short days from start of the annual scallop season, our law firm was invited to visit this beautiful place by a client who retained us to assist his family with the losses to their business and property in Steinhatchee due to the BP Oil Spill. What we found when we got there was a town of good natured people who welcome all newcomers with open arms.

But make no mistake, these residents are scared. Scared that the tourism they rely so heavily upon would be affected. Scared that their scallop season they take so much pride in would never open. But mostly scared that their quaint and beautiful town that one resident described as "only a place that existed in your imagination or in a Jimmy Buffet song," would become a Ghost Town if "The Oil" made it there.

The residents of Steinhatchee are no different than the other inhabitants of the hundreds of towns along the Gulf Coast. They all have one thing in common: they have already been affected by this disaster. Regardless of whether or not "The Oil" as the Steinhatchee residents now refer to the BP oil disaster, reaches the pristine shores of their beautiful town, these good folks have already suffered damages. If The Oil ever reaches their shores, the town will likely never recover!

This is the reality of BP's actions. This is "what you can't see unless you are here." And this is the reality of what is happening to the Gulf Coast. Much has been written about the aftermath of Hurricane Wilma that hit the Gulf Coast just a few short years ago. But that was a NATURAL disaster. Those that were hit hardest by Wilma have barely, if at all, recovered from that and now faced they are faced with a MAN MADE disaster that could have easily been avoided but for the reckless acts of big business and big oil.

Now, the entire Gulf Coast, arguably the most beautiful shores in the United States and maybe the world, face the probability of being ruined for decades to come. More importantly, its residents, some there for generations, must now contemplate a future without a habitable waterfront.

Having visited this special place, Steinhatchee and its residents will always have a unique place in our heart and we will fight for our good friends as long and as hard as we have to achieve justice on their behalf.

*If you have experienced hardship or loss due to the Gulf Oil Spill, contact Freedland Russo

Freedand Russo Prepares To Take On Oil Giant BP

2010-06-15T16:38:00.002-04:00

Michael Freedland, Anthony Russo and Dan Harwin announced today that they are preparing to take on oil giant BP on behalf of business owners and residents of the Panhandle, South Florida and the Florida Keys. With the oil now reaching the coast of Pensacola, Florida, Russo says it’s time. “Business owners and residents are both scared and ill prepared. They have lived through numerous hurricanes and rebuilt but the impact this disaster could have is beyond the imagination,” said Russo. It’s been reported that BP has offered residents $5,000.00 cash but in return they had to sign a release stating that they wouldn’t file suit. “That’s pathetic, when you think about it” Michael Freedland said. “Some of these good people’s businesses and property will be devalued and those whose livelihood is made via beaches, fishing and water sports will be all but non-existent. So $5,000.00 is a slap in the face,” said Freedland.

The now famous oil spill that President Obama dubbed “an assault on our shores” is in its 56th day with no end in sight. British Petroleum has made numerous attempts to plug the leak but all have met with failure. More recently, they sought to saw a piece of the damaged pipe off. After the blade got stuck for a short time, they were able to place a cap on the leak. However, the live camera feed 5,000 feet beneath the sea shows oil continuing to gush at an alarming rate and makes many in the affected areas feel helpless. It is now considered the worst oil spill in U.S. History.

Michael Freedland says he’s sure that people will use the spill for political fodder but he says he will leave that to the politicians to debate. “We are concerned about the businesses and people that might be losing their homes and their livelihoods as well as the chemicals having a detrimental effect on their health, safety and well being,” said Freedland. According to the duo, they recently opened an office in the Florida Keys where clients have already begun to retain them. Now, they have been retained by clients throughout the Panhandle and the Florida Keys, and will make their presence felt there.

Freedland and Russo are no strangers to taking on big companies. In 2009, they settled a whistleblower lawsuit with pharmaceutical giant, Eli Lilly for $1.4 Billion. It was the first settlement of its kind to exceed $1 Billion. Just as recent as this past January, they were involoed in another whistleblower case against AstraZeneca, who paid $520 million to resolve the government’s suit against them for off-lable marketing of the popular anti-psychotic drug, Seroquel. To date, Freedland Russo has been instrumental in governmental whistleblower suits that have recovered in excess of $2.5 billion to the government and states of the US.

“Filing these suits won’t be easy, and at some point when the suits get contentious, BP will no doubt push back hard, but we are in this for the long haul,” stated Russo. “We know what it takes to stay the course and we are committed to see this through,” Freedland added. Analysts are now reporting the price tag for the oil spill is over $40 Billion and growing daily.

Freedland Russo on the Gulf Oil Spill: "Congress Do The Right Thing!"

2010-06-07T15:30:00.002-04:00

In the wake of the recent Gulf Oil tragedy that killed 11 men on the Deepwater Horizon rig, we learned that the United State House Judiciary Committee heard testimony recently from several families members of the brave men that died in the Deepwater Horizon rig explosion. We cannot help but address the irony that arises from this tragedy. The irony is not in the fact that these family members were asking Congress to amend the Death on the High Seas Act (DOHSA), a law limiting the recovery of victims of maritime disasters, but in the general way victims of disasters like this one are ultimately treated.

Members of the Texas business community and legislature are now reaching out to Congress to change the very laws they have fought so hard to pass and maintain. Tort reform advocates, who have blamed everything from Global Warming to Terrorism on lawyers and so-called “frivolous lawsuits,” are now retreating from their otherwise embedded stance on tort reform when the reality of tort reform and it’s narrow-mindedness affects them. A very convenient scapegoat, lawyers and lawsuits, fueled the last decade’s right-winged political policies urging for tort reform. Tort reform that assured if limitations were imposed on awards to victims of medical malpractice, it would keep down the rising costs of insurance and keep doctors from fleeing many states because they could not afford to keep practicing there. It has been senseless propaganda that promised that the eradication of lawsuits and plaintiff attorneys would bring the cost of all insurance down to an affordable level for everyone. However, what we realize nearly a decade later is that none of these so-called tort reform measures adopted in some form in almost every state in the US have brought any such relief. The only big winners in all of this are the Insurance Companies and big business. Oil included! The big losers, of course, are the general public – the victims.

So here we stand today, a decade after the onslaught of tort reform in the wake of the Bush Oil Era, with the families of those killed in this unprecedented disaster, begging Congress to undo what should have never been done from the beginning, limiting what victims of a terrible, but avoidable, disaster could recover. It’s not like this has never been done before. In 2000, the Death on the High Seas Act was amended so victims of TWA Flight 800 could recover full damages after perishing on the "high seas." The lesson was still not learned. The victims of the Deepwater Horizon rig explosion are not being afforded the same protections. To make matters worse, we will likely see the liability of BP and Transocean further restricted by toothless remedies provided by DOHSA, the Oil Pollution Act (OPA) and the Limitation of Liability Act (LOLA).

The Oil Pollution Act conceivably caps liability at $75 million, an amount that would not even begin to compensate Gulf Coast residents and businesses. Transocean is also seeking to limit its liability by relying on the Limitation of Liability Act, which allows them to claim they are only liable for the current worth of its rig in its current destroyed condition.

So, again we are faced with an opportunity to undo the damaging policies and tort reform laws that have further added to the agony and pain of the families left behind by tragedies like the Deepwater Horizon. It is time for Congress to listen to the families of the 11 men who lost their lives unnecessarily. These families speak for all victims, past and future. Congress, do the right thing!

*If you have experienced hardship or loss due to the Gulf Oil Spill, contact Freedland Russo

Freedland Russo Legal Experts Say Gulf Oil Spill Lawsuits Could Be In Excess Of A Billion Dollars

2010-05-05T16:52:00.004-04:00

Attorneys from the well known Whistleblower law firm of Freedland Russo based in Weston, Florida predicted today that the lawsuits filed as a result of the recent oil spill in the Gulf of Mexico could easily exceed a billion dollars. “It seems the only thing that will spread faster than the oil slick in this tragedy will be the lawsuits resulting from it” said Anthony Russo, a partner in the firm. Workers at this moment are still trying to contain the massive oil spill in the Gulf of Mexico that was caused by the explosion of a British Petroleum (BP) oil rig. More than two dozen suits have already been filed and legal experts expect hundreds more in the coming weeks. Total claims exceed the amount of damage claims awarded in the Exxon Valdez disaster in 1989.

But, according to Partner Michael Freedland, “those seeking to file suit should proceed carefully as any missteps could negatively impact their potential case.” Already, more than 24 lawsuits* have been filed against BP, in courthouses from Texas to Florida, on behalf of coastal property owners, family members of workers killed onboard the oil rig, environmental groups, commercial fishermen and charter boat operators. Even the State of Florida is considering legal action. And, as the oil makes its way onshore, the list of litigants is expected to grow dramatically, with some predicting the eventual number could be in the hundreds of thousands.

Firm attorney, Daniel Harwin says the greater the number of plaintiffs, the more complex the legal maneuvering becomes. “You are already seeing websites popping up all over the Internet from law firms encouraging people with property damage or loss of income claims to contact them.”

Commercial fishing and seafood interests are among the first to file suit, many combined into class action suits in multiple Gulf States. You can expect a number of these suits to be consolidated and centralized as a part of a multi-district litigation for pre-trial proceedings, says Freedland. It is also anticipated that a substantial number of property owners will have meritorious claims as result of property damage suffered from the oil spill. BP has already promised to provide block grants of $25 million to five Gulf States, including Florida.

Plaintiffs in the Exxon Valdez case were initially awarded more than $5 Billion in punitive damages that were cut in half on appeal. In 2008, the U.S. Supreme Court reduced the award to $507 million. *

According to one Texas lawyer, “this litigation will dwarf all previous corporate catastrophes.”

*Source: msnbc.com http://www.msnbc.msn.com/id/36888206/ns/us_news-environment/

If you have experienced hardship or loss due to the Gulf Oil Spill, contact Freedland Russo

Freedland Russo Announces $520 Million Settlement Against AstraZeneca

2010-04-27T18:55:00.001-04:00

WESTON, Fla. -- Freedland Russo is pleased that Eric Holder, U.S. Attorney General, announced the $520 million dollar settlement of a lawsuit filed against AstraZeneca. The settlement announced today in Philadelphia indicates marketing practices for Seroquel included promotion of the drug by physicians participating in clinical studies and drug sales representatives encouraging doctors to prescribe for unapproved uses.

Only fifteen months since Eli Lilly agreed to pay $1.4 Billion to resolve claims relating to Zyprexa, the law firm of Freedland Russo has again proven to be tireless advocates in matters relating to the Pharmaceutical Industry. The AstraZeneca complaint was filed in 2004 on behalf of a whistleblower by Freedland Russo and their co-counsel, Philadelphia attorney Stephen A. Sheller, Esq.

Seroquel is among the top-selling drugs in the world with 2009 sales of $4.9 billion; 15% of AstraZeneca’s $33.2 billion in revenue is for schizophrenia and specific types of bipolar mania. AstraZeneca was charged with promoting Seroquel to physicians for use “off-label” in children and the elderly. Doctors are allowed to prescribe drugs for unapproved uses but FDA rules state that drug manufacturers may only promote their products for approved conditions and age groups.

“This is just another step in getting the attention of the entire pharmaceutical industry,” Partner Michael Freedland said. Attorney Daniel Harwin agrees that more action should be taken against pharmaceutical companies for illegally marketing their products. “This is a industry-wide problem and not limited to a few isolated companies. We have to keep pressing onward because the health, safety and well being of the public hangs in the balance,” Harwin said.

Whistleblowers are protected by the federal False Claims Act, where employees aware of their company knowingly defrauding the government may sue without threat of being fired, harassed, demoted, or discriminated against for cooperating in an investigation of their employer.

“Once again, a single brave person came to the forefront and held a big pharmaceutical company accountable,” said Freedland. “With each case that we pursue, we learn more about the internal workings of these companies and just how far they are willing to push the limits.”

Partner Anthony Russo added, “We are also thrilled that the majority of this settlement will go back to whom it belongs, the taxpayers and the states.” In that regard, the firm lauded the team in the U.S. Attorney’s office for their investigation, including Chief of the Civil Division Virginia Gibson and Assistant U.S. Attorney Colin Cherico. “As they did with Eli Lilly, the U.S. Attorney’s office in Philadelphia proved their commitment to recouping hundreds of millions for the government and its citizen taxpayers,” said Russo.

Doctor Doesn’t Want To Care For Those Who Voted For Obama by Michael Freedland

2010-04-12T11:12:00.004-04:00

Really? Just when you think things can’t get anymore absurd in the healthcare debate, it happens. Mount Dora Urologist, Dr. Jack Cassell recently posted a sign on his office door that read, “If you voted for Obama…seek urologic care elsewhere. Changes to your healthcare begin right now, not in four years.”

We know the healthcare debate has been heated, however, some are questioning, and rightly so, if Dr. Cassell is violating his ethical obligation to treat patients. While his right to free speech should not be challenged, his discretion and judgment can. According to the Orlando Sentinel report , when Dr. Cassell was questioned about this very issue he responded, “I’m not turning anybody away-that would be unethical…but if they read the sign and turn the other say, so be it.” At the minimum, he lacks compassion. Moreover, he ignores the oath that he took to care for all people.

Partisan politics and disagreement over the philosophy of government is one thing, encouraging patients to seek medical care elsewhere because of who they voted for borders on the absurd.

We won’t always agree on Politics but there is one thing on which we can agree. We are all Americans and we all have equal rights under the same Constitution. We are citizens of the United States of America first regardless of our political (or nonpolitical!) party affiliation. In addition, whatever happened to acting like a human being and to virtues like mercy and compassion? Aren’t we all in this together?

It remains to be seen as far as what will happen to the good Doctor. He has already lost some patients due to his actions. What’s next is anyone’s guess but we will be watching closely as this situation continues to unfold. Meanwhile, it might be wise for us to purchase a billboard right across the street from his office warning people that he went to medical school in Grenada .

Bank of America “Bailout” Doesn’t Help Homeowners by Anthony Russo

2010-04-08T07:46:00.000-04:00

According to reports, Bank of America received $25 Billion in the Federal Government bailout just over a year ago. Under the Troubled Asset Relief Program (TARP) the money was to be used by the bank to work with homeowners who were having trouble meeting their mortgage payments due to the downturn in the economy and subsequent job loss.

Two Seattle homeowners have now filed a class action lawsuit against the banking giant alleging that they have lived up to their end of the bargain under TARP. Under the new federal agreement, banks were to offer a revised three-month payment plan for the borrower. If the borrower was able to meet the obligation under the trial plan, the bank would be required to offer a permanent loan modification. The lawsuit alleges that Bank of America dragged their feet and still hasn’t done what was both promised and required under federal regulations.

We will have to just wait and see what happens next. One thing is for sure though, in this economy, our fellow Americans should not become victims a second time. While job loss is at an all time high and according to statistics, one out of every eight U.S. home mortgages could be on shaky ground, this is no time for a large lender to manipulate the law and further burden an already burdened people.
Attorneys for the plaintiffs presented some pretty staggering numbers. According to their statement, Bank of America services more than 1 million mortgages that alone qualify for some type of financial relief. To date, according to attorneys, Bank of America has only offered 12,761 permanent modifications. If these numbers are proven true, we hope that Bank of American will be held accountable. Regardless of what one thinks of the Government bailouts there is one overriding intention behind it – to provide financial relief for people and not to further line the pockets of companies like Bank of America.

This lawsuit will likely play out in a very public way, as it well should. Abuse of monies that are supposed to be used for the consumer needs to be brought to light and those companies responsible should be held accountable. Times are difficult enough without corporate greed entering the picture. We will keep you posted on this debacle and any new developments.

Weston Lawyers: Pfizer’s Deep Pockets

2010-04-06T08:35:00.000-04:00

Pharmaceutical giant Pfizer is in the news once again and it appears that they now have $47 million less with which to work! Recently, a court found that the company violated federal racketeering law by improperly promoting their epilepsy drug Neurontin. Allegations state that that Pfizer was promoting the drug for Migraine headaches, pain and Bipolar disorder. This is no surprise to us at westonlawyers.com. But, here is only one small problem-Neurontin was never approved by the FDA for such uses. While it is true that Physicians can prescribe drugs as they see fit, FDA regulations strictly prohibit pharmaceutical companies from marketing a drug other than for the use or uses for which it was originally intended.

This isn’t new territory for the monolithic drug manufacturer. Back in 2004, Pfizer paid a whopping $430 million dollars to both federal and state governments and pleaded guilty to illegally marketing this same drug. There is an interesting caveat to all of this. Pfizer wasn’t the originators of Neurontin. Rather, they obtained it in 2000 with their acquisition of Warner Lambert Corp. Here’s what is worse, this is mere “slap on the wrist” compared to the criminal charges and $2.3 billion in fines levied against them in 2009 for improper promotions of 13 of their other medicines!

There is more. Several weeks ago, Pfizer admitted to paying $35 million to some 4,500 doctors and researchers from July through December 2009 for a variety of services, including speaking fees, expert advice and work on clinical trials of its medicines!

How does Pfizer keep on going in the midst of so many fines? It is simple really. Their pockets are deeper than most could comprehend. Their ability to stay in business demonstrates the huge profit margins with which they work. While we aren’t against profits and it is important to realize that companies like these help contribute to skyrocketing Health care costs.

Our attitude remains the same. More laws need to be enacted and those that are on the books need to be enforced against big Pharma for the safety and well being of the public. Many of these companies spend untold millions on PR and Marketing campaigns to make them appear to be performing a “public service.” All we can say is “Don’t believe everything you hear.” Just because they say it doesn’t make it so. Public trust should be difficult to acquire and easy to lose.

Freedland Russo: Pain clinics, Painkillers and Murder!

2010-04-02T14:15:00.001-04:00

Municipalities all over the state of Florida are currently adopting guidelines within each city to handle the proliferation of pain clinics and “Pill Mills.” Research indicates that wherever one of these two exists, prescription drug abuse isn’t far behind.

We believe that no matter what zoning and other laws are adopted, those who are operating illegally or unethically will surely find a way around the system. The only cure is for the abusers to know that when they are caught the penalties will be both swift and significant.

Take for example the case of Dr. Sergio Rodriguez. Recently, Dr. Rodriguez was indicted on 18 charges that range from first-degree murder to trafficking and selling various prescription painkillers. Rodriguez is accused of prescribing oxycodone to three individuals who subsequently overdosed and lost their lives. All were adults but here’s the rub – Dr. Rodriguez is a Pediatrician. His practice was called the “Children Plus Health Center” and records show that he had staff privileges at hospitals in Hollywood, Pembroke Pines and Hialeah! It is our hope that when Dr. Rodriguez is found guilty that he will receive the stiffest of penalties.

Some may read this and accuse us of “Doctor bashing”, but that is an unfair assumption. As a nation we are well aware of the fact that the unethical physicians get “press” more often than the ethical ones! That is true for attorney’s too, just look at the Scott Rothstein case! Laws are enacted and subsequently enforced to protect the public against those who would use their position in an unethical and egregious way.

From our perspective these issues need to continue to be brought to light and those who are found guilty should be prosecuted to the fullest extent of the law and receive the harshest of penalties allowed by such. There is an overarching principle should govern all of us – there is a better chance of making people responsible when they know they will be held accountable. All of us are responsible for our own actions. And that is something which we should not take

Weston Lawyers: Doctor Who Botched Cosmetic Surgery Gets New Job!

2010-03-02T14:13:00.003-05:00

Just when you thought you had heard it all and so did we! That’s right, you read the headline correctly. Dr. Omar Brito, who is currently under investigation in the death of Rohie Kah-Orukotan, is back in business and just a few miles away! You can read the incredible and unbelievable story from MSNBC by clicking here.

We will keep you up to date as more comes out on this story. You can also follow us on twitter.com/westonlawyers or find us on Facebook.

Consumer Protection Attorneys Commend G L Homes.

2010-01-05T13:00:00.000-05:00

It’s been months now. The story of the Chinese drywall saga has been in the news it seems, almost weekly. Everyone from investigative reporters to United States Congressman has entered the fray seeking to get some kind of justice for those families that were impacted. Most attempts have been unsuccessful. But there is one lone company that stepped up, without any strings attached, and decided to make the situation right. That company is G L Homes of Florida. And we first told you about them several months ago when it was discovered that they had used the tainted drywall in their homes.

While lawmakers, builders and consumer advocates have been arguing about the long term effects of the drywall, G L Homes has been working hard to replace it in 29 homes. That process is almost complete and the homeowners couldn’t be happier. Many of them are reporting that their homes are even “better than before.” In one house, the homeowner wasn’t too fond of the paint color that the contractor used on the newly installed drywall so G L Homes had it repainted a second time! Clearly, G L Homes is one of those rare builders that believe in going above and beyond to make things right.

As Consumer Protection Attorneys, it is refreshing for us to see a company or organization that does whatever is necessary to right a wrong. Actually, they are doing more than is required. In addition to the drywall, the builder has replaced insulation, electric wiring and copper plumbing. They are also paying the living expenses of the affected homeowners while the repairs are being completed. The result? One report indicated that the owners of homes constructed by other companies are now contacting G L Homes asking if they will replace their tainted drywall for a fee. That’s what happens when a company practices the art of extraordinary customer service!

It’s too bad that this kind of action is the exception and not the rule. Over the years we have seen many companies, far more culpable than G L Homes that try to wiggle their way out of obligations and make excuses for faulty materials and/or substandard performance. From our vantage point, we want to recognize G L Homes for a job well done. Many of their customers will be back in their homes before 2010 commences. What a way to start the New Year.

Weston Lawyers: The Trouble With Texting (or other forms of instant communication!)

2010-01-03T09:05:00.000-05:00

Several months ago South Floridians and yes the nation was shocked by what happened to middle schooler Michael Brewer. If you remember, several of his peers doused his body with alcohol and subsequently set him on fire. The only thing that saved his life was jumping into a swimming pool close by. All of us are pulling for Michael and are keeping him in our thoughts and prayers.

We at Freedland Russo have also been watching the developments in this case. One of the most recent centers around, of all things, text messages. It appears that the judge has granted access to text messages that were exchanged between one of the perpetrators and his own brother around the time of this horrific event. Attorneys are hoping that it will shed some light on what may have contributed to this heinous act. It will be interesting to see how the revelation of these text messages play into the results of the upcoming trial.

These elements of this case are instructive to anyone that uses a mode of near instant or instant communication. We are in an age when we can send instantaneous e-mails to PDAs. We also have the ability to IM (instant message) and text message. However, there is a problem with instant communication. It is to, well, instant! Because as a society we want to be in constant touch with one another, much of our communication is thoughtless. And when no thought goes into what you’re saying, it can cause problems. If you don’t believe it, just ask several high profile athletes and politicians whose careers have been brought down and their public personas destroyed. Take Tiger Woods for example. Who among us has not yet heard the voice mail that he left for one of his mistresses? That voicemail along with other evidence that has been revealed has damaged his career and became the impetus for losing valuable endorsements and more importantly, destroying his family.
So how does one deal with tools such as text messages, e-mails, voicemails or other form of instant communication and keep them from hurting others or themselves? In a word, prevention. There are several steps you can take which can help keep things in check.

First, use restraint. Most e-mails, text messages and voicemails do not require an immediate response from you. Sometimes we just want to respond to get it out of the way. Taking a moment to compose your thoughts BEFORE you send the message will go a long way in helping you to keep from saying something now that could hurt you or others later.

Second, review what you have written. It is imperative that prior to hitting the send button you review what you’ve written even if you have taken your time to compose it in the first place! Pause and place yourself in the shoes of the recipient. If you don’t like how it sounds, rewrite it. Additionally many voice mails give you the opportunity to review your message and to re-record it if necessary. Taking these extra few minutes could save a lot of heartache later.

Third, think in terms of responding and not reacting. Reacting is instantaneous, responding is taking time to thoughtfully and carefully express your views. Just because someone is demanding an immediate answer now does not mean that you have to give it to them.

Unfortunately, in the Michael Brewer case, instant and thoughtless communication resulted in serious bodily injury to another. Careless words have destroyed relationships, started wars and fostered discrimination. Think before you speak (or before you write and press send!) is a good adage to live by.
Instant communication technology is here to stay but it doesn’t have to become your master. Take control before you communicate your message so that things won’t spin out of control later.

Weston Lawyers: Hate Crimes Are On The Rise

2009-12-18T09:10:00.001-05:00

It’s the time of year when people are supposed to be joyful and happy. It is a time when many of the world’s major religions celebrate their most significant of holidays. It also seems to be a time in which hate crimes are more prevalent. Take for example the recent story about a Rabbi in Palm Beach County whose automobile was egged. The Rabbi’s car had a two foot menorah atop of it. The eggs dried overnight and cost $1200 damage to the paint. The police department classified this as a hate crime because that menorah was the only one in the area. While we at Freedland Russo certainly don’t like the fact that this Rabbi’s car was damaged, other victims of past hate crimes have fared far worse.

Many hate crimes result in the victim experiencing permanent disability or even death. Most would think that with renewed emphasis on tolerance and political correctness that the trend toward discrimination would be on the decline. That doesn’t appear to be the case. In fact statistics as recent as 2007 by the FBI report the following:

• Approximately 51 percent of the reported hate crimes were race-based, with 18.4 percent on the basis of religion, 16.6 percent on the basis of sexual orientation, and 13.2 percent on the basis of ethnicity.
• Approximately 69 percent of the reported race-based crimes were directed against blacks, 19 percent of the crimes were directed against whites, and 4.9 percent of the crimes were directed against Asians or Pacific Islanders. The number of hate crimes directed against individuals on the basis of their national origin/ethnicity increased to 1,007 in 2007 from 984 in 2006.
• For the fourth year in a row, the number of reported crimes directed against Hispanics increased — from 576 in 2006 to 595 in 2007.
• Religion-based crimes decreased, from 1,462 in 2006 to 1,400 in 2007, but the number of reported anti-Jewish crimes increased slightly, from 967 in 2006 to 969 in 2007 — 12.7 percent of all hate crimes reported in 2007 — and 69 percent of the reported hate crimes based on religion. (Source: http://www.civilrights.org/publications/hatecrimes/nature-and-magnitude.html)

Those numbers are staggering and that is only a partial list. Why is there so much hatred because of our differences? If we could really answer that, we would be traveling the country lecturing others on the magic formula for eliminating discrimination! While there isn’t a panacea, there are some things that may help.
There’s no doubt that discrimination is taught. It assumes things that aren’t true and creates stereotypes that are both unreal and unfair. From our perspective, there are two major steps that we can take to help curb discrimination in this country.

First, we must hold those who perpetrate hate crimes against another responsible for their actions. There needs to be serious consequences for violating the civil rights of another, civil rights that are guaranteed under the Constitution of the United States.

Second, it takes education. And that education must begin at home. We must do all that we can to teach our children that our differences are what makes us a great country. And those differences do not divide us but rather unite us. Together we can all be what we could never be separately.

It is our hope that during this time of year all of us would do our best to promote peace and harmony. That is a key responsibility that comes with the freedom that we all enjoy.

Freedland Russo: Sunday Scooter Ride Ends In Tragedy

2009-12-06T18:18:00.001-05:00

It was Sunday afternoon. The air was crisp and cool with few clouds in the sky. Sunday’s are usually family days, play days before the kids go back to school and parents return to the daily grind of work and responsibility. On this day, ten-year-old Darnessa Brown and her sister Darneisha were riding on an electric scooter just before 1:00 PM. Like most kids, they weren’t wearing their helmets. At some point the ride was brought to a tragic end when Leticia Flores, a mother of four herself, struck the girls. Sadly, Darnessa lost her life and her sister Darneisha remains in intensive care.

That is not the end of the story. According to bystanders, after Letica Flores hit the girls with her car, she stopped, got out of her car and verbally scolded the children for riding on the street. She then got back into her car and drove to a local convenience store to shop! Thankfully, police caught up with her there. She was arrested and charged with driving without a license, causing death and leaving the scene of an accident at which a death has occurred. Does this story bother you as bad as it bothers us?

The driver’s attitude seems to be that of a lot of people in our society today. When they do something wrong, it’s not their fault! It is staggering that the driver struck the girls, got out and scolded them and then got back into her car and went on her way! Clueless and callous would probably be two words that would most describe her attitude. Meanwhile, a family is left to pick up the pieces of their lives that have been shattered by the careless acts of another.

As Attorney’s we have to deal with a lot of people who have encountered various tragedies. Most have been at the hands of a person who acted irresponsibly. When we look into their faces and see the hurt, we can’t help but be moved with compassion.
We’re thankful for those clients, who in the midst of the most difficult of circumstances have reached out and solicited our help. We are honored that they have done so and it is not a matter that we take lightly! We will continue to fight for the rights of those who can’t. Maybe in some small way, we can make a difference.

The Case For Medical Malpractice

2009-12-01T15:25:00.001-05:00

The mere mention of the two words “Medical Malpractice” will elicit reactions that range from ridiculing to ridiculous. Everyone seems to have a story or know someone that has a story about this controversial practice area.

It’s no surprise that we at Weston Lawyers believe that there is a place in our legal system for legitimate malpractice litigation. Has this area of law been abused at times? For sure, but that hardly means that it is unnecessary! There are people in every industry that will manipulate and twist the system for their own good. But that doesn’t discourage people from continuing to purchase houses, automobiles or electronics, does it? To us, the case for medical malpractice a strong one! Often, it is the only remedy the victim has when they have been injured due to the careless acts of a medical provider.

Here's what to do if you think you may have a medical malpractice claim. First, clearly distinguish between medical error and medical malpractice. There is a difference. Medical errors occur routinely, but that does not necessarily equate to medical malpractice.

Second, seek advice cautiously. Really. Medical malpractice is one of the most misunderstood and maligned areas of legal practice in existence other than personal injury law. We spend as much time educating our potential clients as we do litigating their cases. Overhyped media reports and armchair legal advisers gleefully hand out medical malpractice advice with no real knowledge and/or limited knowledge of what it really is.

Third, document everything that happens. Keep impeccable records of doctor’s visits with times and dates, as well as any phone conversations or e-mails with those in question or their related staff. Record all medications that you are prescribed and any “promises” you are made as a result of treatments, or any type of procedures. It's well been said that "a short pencil is better than a long memory."

Finally, don't give up. Medical malpractice suits can take a lot of time to litigate and even longer to settle. A person with a medical malpractice claim must keep the proper perspective. You may be in it for the long haul.

We believe that one of the best ways to curb this “human error” factor in the medical community is to hold them accountable for their actions. There is no better way to accomplish this than through the laws established for that purpose.

Some Thoughts On Thanksgiving

2009-11-25T15:30:00.003-05:00

It's been said that, "Life is what happens when you are making other plans." Sometimes it’s easy to get so busy that we forget the blessings that we have been given.

This Thanksgiving holiday, we at Weston Lawyers want to pause and reflect on some important things for which we are thankful.

First, we are grateful for our families and for the health that they, and we enjoy. It's easy to take that granted in the frenetic pace of life. Second, we are thankful for our clients. Over the years we have met some incredible people who have allowed us into their lives and given us the opportunity to make a difference to them. We hope that in some small way we have made their lives a little easier and a little happier. Finally, we appreciate all of you who read our postings and follow us on Twitter or Facebook. Thank you for the gift of your time.

Together, all of us can make this world a better place. May you and yours have a happy Thanksgiving!

The Whistle Blower Nurse And The Endangered Infants

2009-11-18T09:32:00.000-05:00

There is no doubt that one of the most interesting cases to us is that of a whistleblower. It seems that another courageous whistleblower has stepped forward at the Children's Hospital of Southwest Florida when she observed wrongdoing that could cause potential harm to infants being treated in the neonatal unit.

Kristin Laney, a 22 year hospital employee discovered that tracheal intubation tubes being used in the neonatal unit were mislabeled. Once placed into the airway of an infant, this made the tube appear to be inserted deeper than it really was. This was due to the fact the intubation tubes in question were really not designed for use with infants! Most supervisors would thank an employee who brought such wrongdoing to their attention, right? That was not the case at the Children's Hospital. Rather than commend Ms. Laney for her quick thinking and keen observation, several of those in management positions began to build a case against her for insubordination and for not following proper procedures. Her employment was subsequently terminated on April 17th this year.

Her Attorneys filed a suit in the US District Court on October 14. While management is defending their practices saying that "…she participated in the health system's internal appeal process and had the full opportunity to present information she thought relevant as part of that process...", it's clear to us that Nurse Laney was targeted for blowing the whistle.

To us, whistleblowers are among the most courageous workers in corporate America. Often unsafe and unethical practices go unchecked because people choose to remain silent when they shouldn’t. They fear losing their job, losing their income and losing their credibility. But thankfully there are still people like Kristin Laney in the world.

According to the complaint which has been filed the lawsuit seeks for Laney and others who've been terminated without the necessary due process to be reinstated, either permanently or pending the completion of the termination process which is in accordance with due process requirements. Specifically she is seeking a reversal of her termination, lost wages and any other compensatory damages.

It is our hope that this courageous nurse will be victorious. If she is the winner, she will not be the only one. The safety of those infants who will be cared for in the future will also be secured.

Motivational Guru Shows Arrogance In The Midst of Tragedy

2009-11-13T15:18:00.000-05:00

Recently, we commented on a blog posting about the story of motivational self-help guru, James Arthur Ray. Controversy continues to swirl around the self proclaimed expert and he now finds himself stuck in a massive firestorm. Last month Ray held a seminar in Phoenix AZ in which he led participants in a “sweat room” exercise meant to demonstrate the real power of one’s mind over their body. As a result, three people are dead and the self proclaimed guru is facing murder charges. That’s not all, Ray continues to talk about his grief---while he promotes his “motivational snake oil”. What’s worse, people are still attending his seminars.

Shortly after the tragedy in Phoenix, Ray conducted a seminar. He told the audience that he was cautioned against doing it by his advisers but he went on with the show anyway. He used it as an opportunity to express “his grief” and answer audience questions. At one point he was allegedly overcome with emotion and broke down in tears while the audience watched. Was it real grief or an attempt at taking the heat off of him? No one will ever really know. But at least one person left the seminar believing that James Arthur Ray was sincere and authentic!

It is instructive to us that people would pay over $9,000.00 for a self development seminar conducted by an unqualified leader! We are curious as to how many of the participants really examined Ray’s background. Appearing on Oprah or Larry King Live does not an expert make!

We don't know about you but it is disturbing to us that a person can hang out a "shingle" fronting himself or herself as an expert when they really aren’t. It appears from our own research that James Arthur Ray has no credentials with which to back up his claims. The son of preacher, he has only a high school degree and worked for AT&T for several years. Additionally, there have been numerous reports of people injured during some of his other seminars. One woman shattered the bones in her hand while trying to break a board. Another was injured when an arrow was embedded into his eyebrow.

While were not ones for government regulation on everything that moves, we do believe that federal authorities need to step in and more closely scrutinize people like Ray. Unfortunately the story of James Arthur Ray and the sweat lodge deaths and controversy has just begun. And people like Ray will always try and peddle their wares to the public. Just make sure that you look before you leap. Besides saving you money, it could save your life.

Warranty Woes: Used Car Dealer Sued For Multiple Violations

2009-11-10T08:16:00.000-05:00

This case was such an interesting one to us that we felt we should pass it on for public educational purposes. This one caught our attention due to the fact that the Attorney General’s Office is the party that first filed the suit.

The case centers around a used car dealership in Pompano Beach Florida called Hollywood Auto Gallery. It is operated by one Zachery S. Kessler. Accusations of wrongdoing revolved around two particular actions by Kessler. First, he sold the cars with a “Warranty” that was really only good for minor repairs. Some of the cars that his company allegedly sold to customers broke down only blocks from the dealership. Second, Kessler would take “refundable” deposits from potential customers who later were manipulated and told that they had a contract. Thus many of the vehicles were bought under duress. There were numerous other “promises” that Kessler made both verbally and in his marketing materials.

Kessler and his company face some pretty stiff penalties if convicted. Each violation is subject to a $10,000.00-$15,000.00 fine. If the number of violations for which he is accused are all proven he will need very deep pockets indeed.

What happens if you think you have been “taken for a ride” by a disreputable car dealer? First, you can contact www.myfloridalegal.com which is the website for Florida Attorney General, Bill McCollum. It has numerous resources that outline your rights as a consumer. It will even guide you step by step on what to do if you think you have been victimized. Next, it’s important that you check all the facts on the automobile that you are contemplating purchasing. The best resource to help you with this is www.carfax.com. Any reputable used car dealership will provide this or similar documentation which will outline the history of your car. Third, if you think something is wrong, it probably is. Listen to your gut. Don’t be afraid to ask tough questions. And if you don’t get the answers you are looking for, walk away. It will save you a lot of money, time and heartache down the road. Finally, before you visit a car dealership, check them out (this goes for attorneys too!). Ask others who have purchased vehicles from them. Find out if they are involved in the community. Even ask them for referrals from satisfied customers. If they are legitimate, they will be more than willing to provide them.

As always, your first line of defense is you, the educated consumer. You are your best protection and the sleazy operator’s worst nightmare.

Weston Lawyers:Detestable Drywall Not So Disturbing?

2009-11-06T23:02:00.000-05:00

Over the past few months, we have been following the Chinese drywall saga. The damaged drywall has affected several families in South Florida. Occupants of the homes in which the imported drywall from China was installed, complained of a rancid “rotten egg” smell. They also claimed the gases emanating from the drywall were creating respiratory distress, causing corrosion and damaging appliances.

Recently, the situation took on a life of its own. Congressmen, Senators and other state officials entered the fray to try and bring relief to the troubled homeowners. Recently, two government entities the Consumer Product Safety Commission and the EPA completed studies on the questionable drywall. In fact the Consumer Product Safety Commission spent over $3.5 million on their study, their most expensive to date. Their findings shocked owners and quite frankly rocked us back on our heels a bit.

Research revealed that there were indeed higher levels of chemicals in the Chinese drywall. However, there was no indication that any of the drywall contained either Sulfur or Strontium which was the initial concern. With these findings, insurance companies are poised to deny numerous claims citing the aforementioned research. We think more studies ought to be done using a broader scope of samples. It our opinion, this is only the beginning.

Fortunately, some action is being taken. The Department of Homeland Security is now responsible for ensuring that no more Chinese drywall makes it into the United States. Currently, U.S. Officials are working with Chinese authorities to take some responsibility in the matter.

Meanwhile, what can affected families do? First, they should continue to work with their builder to have the drywall replaced. There is no doubt that the material was substandard at best and should have never been used in the homes in question. Reputable builders like G L Homes have taken full responsibility and replaced the drywall in every one of their homes in which it was used. Encourage your builder to follow suit. Second, if you don’t get any resolution, send a letter to your Senator or Congressman. It is imperative that governmental pressure continue to be placed on those responsible so that the necessary restitution and remuneration can occur. Third, consider a lawsuit, class action or otherwise that would also apply pressure that could result in recovering damages. Often, companies would rather settle out of court than go through a long and grueling trial. Whatever you do, seek good counsel. You shouldn’t be debilitated by disgusting, damaged drywall!

Weston Lawyers: Rhode Island Doctor Operates On Wrong Finger.

2009-11-03T10:15:00.000-05:00

We at Weston Lawyers can't make this stuff up, even if we wanted to. It’s happened again, and this time at the Rhode Island Hospital. It seems that a surgeon operated on the wrong finger of a patient. When it was discovered, the surgeon consulted with the family and received authorization to operate on the correct finger. We're happy to report that both surgeries were successful, however one of them was totally unnecessary! The hospital was subsequently fined $150,000.00 for the surgical team’s ineptitude. We don't know about you, but these kinds of stories really irk us, especially this one. Why? This was the fifth such violation at this hospital since January 2007. Shocking as it may seem, there had been four prior incidents within a two-year time frame. The initial investigation into this incident was laughable. Hospital officials determined that hospital "protocol" was not followed. Really?

Rhode Island Hospital protocol in this case was twofold. First, there should have been a distinct marking placed on the finger on which the surgeon was to operate. That was not done. Second, there should have been a "timeout" taken by surgical team. A surgical "timeout" is a planned break prior to the surgical procedure that is used to verify that the right operation is being performed on the correct patient.

Similar cases over the past several years seem to be on the rise. And evidence to back to back up this claim is chilling. In 2007, ABC News reported that “wrong-site” surgeries occur between a staggering 1,300-2,700 times a year in the United States alone. This was according to an Archives of Surgery study. These are disturbing statistics and should incite anger both inside and outside the medical community! The fact remains that many of these cases are settled out of court and never are reported in the main stream media. While politicians frequently seem to sound the battle cry for “tort reform” what about medical liability? What about enacting stricter guidelines or harsher penalties for such incompetent behavior by medical professionals?

Vigilance by patients and keeping a closer watch on what happening in the operating room will go a long way to preventing such “wrong site” surgeries. In fact, one hospital is currently looking at the legal ramifications of installing cameras in each surgical suite for monitoring purposes. One thing we are sure of – the operating room is no place for such life altering mistakes.

Weston Lawyers: Medspa Victim Given Same Drug That Killed Michael Jackson

2009-10-30T16:15:00.000-04:00

Many of you have been following our case, the story of Rohie Orukotan. On September 25th, she went the Weston Medspa for a liposuction procedure. Her goal was to shed a few pounds and surprise her husband. During the visit, something went wrong that resulted in Ms. Orukotan being placed on life support. Two weeks later, she passed away leaving a husband and three young children grieving her death.

Since that time, we have continued to investigate the case. A recent discovery reveals what may have been a major contributing factor to her death. Documents revealed that Dr. Omar Brito administered 30 mg. of propofol to Rohie Orukotan. This is the same drug that was linked to the death of Michael Jackson earlier this year.

Willard Shepard from NBC 6 interviewed the Weston Lawyers and Joe Orukotan, the husband of Rohie yesterday. Click here to see that interview. Watch the coverage on WSVN here.

Weston Lawyers: The Clueless Nurse (And Hospital!) Part 2

2009-10-19T06:22:00.000-04:00

Recently we commented in a post about the story of Qui Lan, the nurse at Broward General Medical Center in Fort Lauderdale that used the same catheter tubing and saline bags on over 1800 cardiac patients. As soon as the hospital was made aware of the situation they contacted all of those who had been under her care. Several of those who were approached have been tested and subsequently have been given the bad news. While the hospital won’t reveal the who and what, we do know that each was going to be tested for HIV and Hepatitis B & C. Any way that you look at it, this is a sad situation. And according to reports, there are probably more since a good number of those potentially impacted have yet to be tested.

Unfortunately, it appears is as if the hospital is playing “Good Cop, Bad Cop” with this situation. Some of the reports make the hospital out to be the “good cop” willing to test those affected (and infected!) thus attempting to right the wrongs of the nurse gone bad. If that’s really what’s happening, it’s laughable at best. After successfully litigating numerous medical malpractice cases, we have a question for the hospital. How is it that you (Broward General Medical Center) didn’t have enough checks and balances in place to prevent this from going on since 2005? It might be more reasonable if the nurse in question was able to hide her shenanigans for maybe a year, but almost five? That is unthinkable!

The people that have been victimized by this nurse’s unthinking and inane practices have the right, and we believe that responsibility to take action against her and the hospital. HIV the virus that causes AIDS and Hepatitis B & C will impact, not only their quality of life but also its duration.

Plain and simple, the hospital needs to revamp its best practices and rework its accountability procedures. They shouldn’t just be on the defensive but also on the offensive. This is a serious breach of protocol and most would agree that they are equally responsible for this horrific situation. The hospital’s external P.R. spin should stop and they should rather direct their energy toward making the necessary policy changes that would help prevent such ineptitude from happening in the future.

Popular Self Help "Sweat" Guru Now The Subject Of Homicide Investigation

2009-10-17T18:13:00.000-04:00

Self-help guru James Arthur Ray who once appeared on Oprah and the Larry King show, and was even featured in a popular book "The Secret", is now at the center of a homicide investigation.

It all started earlier this month when over 50 participants signed up for a seminar/retreat that Ray would lead in Sedona Arizona at the Angel Valley Retreat center. According to reports, each participant paid upwards of $10,000 to be a part of his event. One of the features of Ray’s program was having each individual spend a two-hour stint in a makeshift sweat room. While Ray declares that it each acted of their own free volition, the group pressure to participate was no doubt intense. According to Ray, the purpose of this exercise was allegedly to help each individual experience a feeling of euphoria and spiritual cleansing. If you've been following the news, the end of this story is tragic. 19 people were hospitalized due to complications and three have now lost their lives.

What drives people to participate in such events? What motivates a person to pay over $10,000 to spend two hours with 50 other people in extreme heat, sweating for the purposes of spiritual and personal growth? We examined James Arthur Ray’s website and it's typical of those touting themselves as experts who are doing nothing more than trying to sell books, seminars and coaching. There is a lot of fluff and promise but it seems very few concrete ideas on his webpage that will help people change their lives for the better.

Over the years we have seen a lot of people look for the quick fix or a faster way to self-improvement. We seen it in weight-loss, bodybuilding and of course personal growth. Many have been done irrespirable damage to their bodies and in some extreme cases have lost their lives. People like James Arthur Ray prey upon others, telling them what they want to hear and charging them big bucks to do it!

The case is still under investigation but we are hoping that out of this tragedy will come a new awareness by the general public that will result in proceeding with caution. Additionally we’re hopeful that new laws will be enacted and perhaps certifications and licenses required for people like Ray who front themselves as experts in the self-help arena. Until that time, our best advice is be careful. Use your head and remember-there's no quick fix.

Weston Lawyers: The Case of the Careless (and Clueless!) Nurse

2009-10-06T15:23:00.000-04:00

Over the years we at Weston lawyers have handled a lot of cases especially in the area of medical malpractice. Many of them have been what one might term “over the top” or simply unbelievable. At times we have been left shaking our heads at the carelessness of some members of the medical community. But this most recent story tops any situation we have ever observed.

Allegedly a nurse at Broward General Medical Center was accused of reusing catheter tubing and saline bags on patients undergoing cardiac chemical stress tests. The problem? The tubing and saline bags were only designed for a single use! According to reports, Qui Lan the nurse who was involved in this dangerous and deceptive practice potentially exposed more than 1,800 patients to blood borne diseases like HIV, and hepatitis B and C! What’s worse – authorities have interviewed the accused and she, thus far, has no explanation as to why she chose this course of action even though she knew it was both dangerous and was a blatant disregard for hospital protocol.

We don’t know if there is a good explanation! How was it that this nurse was able to repeat this horrific process with over 1,800 patients and go unnoticed? How is it that the hospital lacked the checks and balances which allowed her to continue to go on undetected since 2004?
For us this is just a continuation of an already alarming trend. Earlier this year a VA Hospital in Miami and two other cities were cited for using non-sterile equipment with the result of over 50 Veterans testing positive for blood borne diseases. This is a travesty that has to stop and the medical community MUST be held accountable and receive more than just a proverbial slap on the wrist.

With the health care debate raging in the political arena today our leaders also need to address another question: How do we insure QUALITY health care for all Americans? That’s a tougher question with no easy answers. In our opinion there needs to be stronger malpractice laws with stiffer penalties for those who are found guilty. Careless behavior can only be curbed with greater accountability.

For those who are victims of such deviant practices, it will take a lot of courage to stand up and speak out, but it is a must. We are convinced that there should be a clarion call for fundamental changes in the medical community. And what better voice then those who have been preyed upon by its inadequacies.

Spa Visit Case Gone Horribly Wrong – Update 10/2/09

2009-10-02T08:12:00.001-04:00

Many of you have been following the case in which our firm, Freedland Russo, LLC has been retained. It is the tragic story of 37 year old mother of three, Rohie Kah-Orukatan. After her visit to the Weston Med Spa to undergo a procedure she is now on life support and her family struggles with decisions they are now forced to make. Their children, all under the age of seven, face a life without a mother.

On Wednesday, September 30, 2009, ABC’s Good Morning America aired a featured story on this tragic case. Already, the investigation has uncovered interesting facts that will likely have an impact on the legal case. The attorney for Dr. Omar J. Brito, the physician who performed the procedure on Mrs. Orukotan, has now indicated that it was some form of liposuction. At the same time, Dr. Brito’s attorney acknowledged that the MedSpa was not licensed to perform that type of surgical procedure.

Additionally, we have also learned that this is not the first time Dr. Brito has faced a problem. In 2006, he was fined $5,000 for his role in an insurance fraud scheme.

Breaking news and developments in this case are taking place at lightning speed. Stay on top of the updates at www.westonlawyersblog.com.

Watch the Good Morning America segment here

Read about this case in the Miami Herald

Watch ABC news segment here

Watch NBC Miami news segment here

Law Offices of Freedland Russo Tapped To Handle Tragic Case

2009-09-29T17:20:00.001-04:00

The Law Offices of Freedland Russo announced that they have been retained in the tragic case of 37 year old Rohie Kah-Orukotan. Mrs. Kah-Orukotan is now on life support and in critical condition after a visit to the Weston Med Spa/Weston Tanning Salon. Although she had frequented the facility before, her September 25th appointment went terribly wrong. Mrs. Kah-Orukotan opted for a service that the spa “routinely performs” and markets. Tragically, the visit left her on life support and her husband and three young children, ages 4, 5 and 7 facing the possibility of life without her.

“From what we have learned thus far, I can unequivocally state that something terrible happened at the spa that day” said Michael Freedland one of the attorney’s now handling the case. Partner Anthony Russo agrees. “This is a classic case of a person who trusts those who are caring for her to do the right thing and something in that process fails her horribly” said Russo.

The Law Offices of Freedland Russo is not new to handling cases like this one. They have dedicated their careers to representing clients who have been the victims of pharmaceutical misrepresentation, medical malpractice and catastrophic injuries.

Attorneys Freedland & Russo are helping the family cope and investigate this tragic event. Additionally, the Broward Sheriff’s office has announced that they have launched a separate investigation. Working alongside Michael Freedland and Anthony Russo on this case is Attorney Daniel Harwin and the Law Offices of Mark Dickstein.

Freedland Russo Co-counsel Announces $2.3 Billion Whistleblower Settlement Against Pfizer

2009-09-05T05:37:00.002-04:00

The latest record breaking case in the news is further proof that our society has now made the decision to hold those who take advantage of us accountable. The pharmaceutical companies that we once heralded as Saviors have let us down in the name of greed. When we recently settled the first whistleblower case that topped $1 Billion, it was the largest of its kind ever recorded. More importantly, it set the tone for accountability in the pharmaceutical industry. However, we were confident it wouldn’t be the last. Freedland Russo longtime partner and co-counsel on our groundbreaking Lilly decision has announced its involvement on this most recent record-breaking whistleblower case. Attorney Steve Sheller declared his firm’s involvement in the $2.3 billion settlement against Pfizer for the “off label” marketing of their drug Zyvox, once again shining the light on the greed of big pharma.

We have learned a lot over the years while working on cases involving “off label” marketing of drugs not approved by the FDA. Unfortunately, this practice has become too commonplace and needs to be stopped. Those individuals brave enough to come forward and stand up to the greed of these pharmaceutical giants are the first step in accountability. In the end, our job is to help the whistleblower get what they deserve while, at the same time, never losing site of the larger responsibility we have to the public.

For some time now on this blog, we have been calling on consumers to become active in their own health care by researching the prescriptions given to them by their physicians. It’s clear that the drug companies are not taking the responsibility that they should. With large PR departments and massive marketing budgets, they often spin a web of deceit that makes their products sound like “miracle drugs.” You can rest assured that there are no such drugs on the market! As always it is “buyer beware.”

For our part, we will continue our quest to stand up for the rights of both consumers and whistleblowers. It is clear that the litigation strategies we have developed over the years are making a significant difference both in the legal community and to clients everywhere. We are thankful for that opportunity.

Weston Lawyers: Textual Responsibility

2009-08-10T07:27:00.000-04:00

Sometime ago a friend of ours was riding with his attorney on a major highway that is considered somewhat dangerous. He wasn’t paying much attention to the driver as he was engaged in a phone conversation. After he hung up, he looked over at the attorney/driver. Much to his dismay, the attorney was driving the car – with his knee! Why? Apparently so he could finish an email to a client! To add insult to injury he was driving 30 miles over the speed limit. Before our friend could say anything the driver noticed those eerie blue flashing lights behind him. Thankfully, he got snagged.

Texting and driving don't mix. There have been a lot of accidents due to people texting/emailing while they should have their hands on the wheel. Recently, texting was the culprit in a train accident. But there are other problems with texting that are beginning to surface. In a recent article called Textual Harassment, the author indicated that text messaging in the workplace is fast becoming a growing liability for employers. The problem? Inappropriate and offensive texts that are being sent to employees cell phones often by male employees to female employees. There are also many documented cases where texting has been used as a tool in creating a hostile workplace for employees by mangers or coworkers.

More and more text messages and cell phone records are being used as evidence in court cases. This past April text messages helped two female soccer players who filed a sexual harassment lawsuit against their coach obtain a $450,000 settlement from the school by which he was employed. In one study fully 23% of stalking victims interviewed reported that the alleged stalker had used some form of texting or emailing to carry out the harassment. Over this past year we have also seen several high profile people embarrassed when their private text messages and emails became public.

There's an old cliché that perhaps all of us should remember before we type that e-mail or text that message. It says "Make your words sweet today because tomorrow you may have to eat them!" It's important to remember that before you text, tweet or e-mail, every one of your messages can be retrieved and used against you. There's a lesson in this for all of us and it's this: take great care as to what you text and when. It could come back to haunt you.

Medical Providers Sued Over "Bait and Switch” – Thanks To A Whistleblower!

2009-08-07T05:35:00.000-04:00

These days it seems that the marketing and medical devices just don't mix. Recently Bloomberg news reported that Boston Scientific., Medtronic Inc. and five other companies promoted surgical devices for unapproved use. Allegedly, said companies cheated the federal Medicare program. Thankfully, all of this came to light due to a whistleblower.

The accused companies, sought to entice physicians and hospitals to use their product for “off label services” according to the whistleblower, a former saleswoman who is only identified as Jane Doe in court documents. “Off label” means that the products are being marketed for use other than the purposes for which they were designed. Understandably, this could have serious ramifications for patients.

What causes reputable companies to take this kind of risk? First, of course is profitability. If they sell a product off label it adds to their coffers since it’s sold at a lower price. It’s obvious that, at no time, did Boston Scientific or the others give thought to the legal consequences or the future health, safety and welfare of patients! Second, large companies like these roll the dice and take a risk because they can! While that may sound cynical, it's the truth. When companies begin to use questionable marketing tactics like these, they do so knowing that they could be penalized. It is as if they plan for it! In our opinion, until one of them is hit with a debilitating settlement, nothing is going to change.

In this particular instance, it was a brave, committed whistleblower that brought the issue to the forefront. Having dealt with whistleblower cases in the past, we know that this "Jane Doe" likely spent a lot of time considering how to broach the subject. Without her taking action, these companies would still be getting away with deceptive marketing practices that could have serious consequences.

It may seem as if we are always railing against large corporations, were not! There are a lot of good companies that you never hear about who care about their employees as people and play by the rules every day. Companies like Boston scientific of the others can learn much from those who put people before profits, and safety before stockholder dividends.

For future rulings in this case stay tuned to the blog. As always, we will keep you informed of developments in this case.

Weston Lawyers: Pig Stench Lawsuit Passes The Smell Test

2009-08-04T07:30:00.002-04:00

Since we began the westonlawyers blog, we have commented on several unique legal cases. But none has been as interesting as this one. It seems that a hog farmer in Stockton Lake Missouri was recently sued by a local neighbor because of the stench emanating from his hog farm. Before you determine that this is laughable and frivolous you might want to note that the neighbor was awarded a $1.1 million settlement. You say, "$1 million because of the smell?" The short answer is yes but there is more to the story. While this suit may at first seem superficial and random let’s look at some of the details of the case.

First, the family that filed the lawsuit was not new to the neighborhood. It wasn't as if they moved into the neighborhood with prior knowledge that a hog farm was so close to their house. As a matter of fact, they were 30 year residents of the neighborhood and built their home themselves.

Second, it’s important to note that the hog farm in question operated for six years without a permit from the Department of Natural Resources. Furthermore barns were erected less than 1,000 feet from the family's property line. One of the barns was also built without a permit.

Third, this is not the only complaint of its nature. According to Charlie Speer, a Kansas City attorney, he has “...about 350 cases involving large factory farms and odors around the state.” There is also case precedent. In 2006, a similar case in Jackson County Missouri was filed and resulted in an award of $4.5 million!

A second look shows that this lawsuit was anything but frivolous. We all know frivolous lawsuits when we see them. There is the story of a burglar who injured himself, sued the homeowner and won! Then there was the guy who sued the makers of Oreo cookies to get them to stop selling their cookies to children! The best one is the story of a guy who sued a beer company for hangovers and false advertising because the beer did not make him popular with women!

As long as they're human beings on this earth, there will be frivolous lawsuits. Our cautionary note is against assuming that a lawsuit which at first appearance seems frivolous may not be at all. As in every situation in life, there's always more to the story.

Weston Lawyers: A Monorail Crash & A Mom

2009-08-01T07:25:00.001-04:00

What do you think about when you hear the words “Disney World”? For most of us that have visited there several (or several hundred!) times those words likely bring a smile to our face. But for the mother of monorail driver, Austin Wuennenberg that is not the case. Recently, he lost his life when another monorail crashed into his. It was the first monorail accident in the 38 year history of Walt Disney World.

According to reports, 21-year-old Austin Wuennenberg was killed when the driver of another train slammed into his. Friends say Wuennnenberg was a student at nearby Stetson University in Deland Florida and was studying computer science.

Just fifteen days after the accident, the driver’s mother indicated that she was expecting to sue Disney Parks. To us at Weston Lawyers this will be a case to watch. While there have been accidents on Disney rides in the past, none have received this much publicity. Over the years there have been incidents on rides such as Big Thunder Mountain, Space Mountain, the People Mover and even the Skyway. The last ride on which anyone would expect there to be an accident or tragedy of this magnitude would be Disney's famous Monorail system.

Whenever there is an accidental death, defense attorneys immediately began looking at the character and conduct of the victim. While it is yet unknown how Disney attorneys will orchestrate their strategy, it is likely that they will look at the drivers habits and hang-ups. They will interview witnesses, bystanders and look at any video surveillance from the parks cameras or cell phone video taken by witnesses. The legal maneuvering in this case has only just begun.

One aspect of this case that can’t be ruled out is the public relations effect. For decades now, Disney has done a masterful job at spinning stories and keeping accidents out of the news. It seems that you hear about a story once and then it’s gone. But a search on the famous internet site Wikipedia shows the sheer volume of incidents that have been reported at Disney Parks over the years. The PR specialists at Disney clearly know what they are doing! How much more media attention will this story gain? Will it continue to develop or become yesterday’s news? One thing is for sure, as the trial looms and more information becomes available we at Weston Lawyers blog will pass it along.

Weston Lawyers: The Case of the Physician Smuggler?

2009-07-30T06:25:00.000-04:00

At Freedland Russo it seems like the burning question these days is “Doctors – Can You Trust Them?” Now before anyone starts writing us nasty emails or leaving some not so flattering comments about our mothers, let us explain.

We know that for every Doctor that we see in the news that has gotten into some sort of trouble, there are a myriad of others who haven’t. That IS the reality. But the perception of the general public is much different. Next to our clergy, physicians should be our most trusted caretakers.

The case of Dr. Vinod Chandrashekam Patwardhan is a disturbing one. It clearly shows that people like him who are qualified and expected to make the right decisions for their patients often sacrifice their integrity on the altar of financial profitability. Dr. Patwardhan was arrested in 2008 and charged with drug smuggling. Recently, his case went to court and he was found guilty of one count of conspiracy and three counts of smuggling. He was also found guilty of two counts of introducing misbranded drugs into interstate commerce with intent to defraud or mislead. Items that were introduced into evidence during the trial showed that the doctor had purchased cancer drugs which were not approved by the FDA from India, the Philippines, Honduras and Panama. Records indicated that Dr. Patwardhan and/or his associates had made 34 trips to the aforementioned countries and purchased close to $1.3 million of illegal drugs! He now faces a maximum penalty of 71 years in prison. He is currently awaiting sentencing.

Defense attorneys sought to protect the doctor's reputation by stating his actions had only been done for the patients good. In other words from their perspective the ends justified the means. Clearly, it never does

There's another important caveat to this case. The good doctor and his associates would have still been smuggling drugs had a suspicious staff member not reported to the authorities. Once again, this highlights the importance of whistleblowers in any organization. Were it not for whistleblower, these issues would not have been brought to the forefront.

We believe that this case is also going to give pause to the general public. It's important that every citizen and every patient take responsibility for their treatment. It is imperative that you perform due diligence before allowing a doctor to treat you. Confirm his/her credentials, check to see what complaints have been filed against them and talk to other patients who have used that same physician. When it comes to your health, you can't take enough precautions. Meanwhile, if your gut tells you to seek treatment elsewhere - listen. It's often your best defense.

United Airlines: Friendly Skies But A Not So Friendly Company

2009-07-27T05:45:00.000-04:00

Over the years, we have been bombarded with advertising slogans from various different companies. Perhaps some of the very best illustrations of these are the airlines. For example, at one time Delta airlines had the slogan "We love to fly and it shows". Then there was Eastern Airlines slogan, "We earn our wings every day". But given the most recent news, one of United Airlines advertising slogans is perhaps the most intriguing - "Fly the friendly skies with United". As far as United goes, the skies may be friendly but they've proven themselves to be the not so friendly airline especially to their employees. At least that's the story of Jennifer McInerney. Her bold, courageous and spirited defense is a fine example of individual David’s standing up to Goliaths and ultimately vanquishing them.

Jennifer McInerney was a hardworking and loyal ramp-services supervisor at the time she lost her job with United Airlines. By that time she had spent twelve long years of dedicated service with them. The problem began when Jennifer requested an alternate job due to potential complications with her pregnancy. Her request was denied. Subsequently her little boy was born 11 weeks premature. After using her family medical leave, vacation time and sick leave she still needed more time to tend to her newborn who today suffers from a disability. Having exhausted all of her options, she placed a request for unpaid leave. It was denied. When she did not return for work her employment was terminated.

According to Jennifer it was a clear case of discrimination in that similar unpaid leave for male ramp supervisors was normally approved. United Airlines disagreed and argued that they couldn’t afford to wait for Jennifer’s return as they faced a ramp supervisor shortage problem. Although the jurors didn’t agree that she was discriminated against just because she was a woman, they did find that she had been punished for complaining about gender discrimination. After deliberating seven hours, the jury awarded her $3 million. Even Jennifer was surprised by their verdict!

While Jennifer was awarded a judgment, we know that the settlement she received can never pay for the long-term, disabling effects that the airlines irresponsible actions had on the well being of her son. All the money in the world cannot make the situation right. However, it's important to note that the airline was held accountable legally and was forced to pay for its careless management style. It is been our experience that when a large company has been slapped on the wrist in this manner, immediate internal policy changes occur. If that's the case with United, then Jennifer McInerney won a victory not just for herself, but for many others who will follow.

Weston Lawyers Report: Substandard Health Care for Our Veterans?

2009-07-25T10:23:00.000-04:00

If you have been following the news of late, you know that the national health care debate is intensifying. While our government officials continue to argue the merits, one sector of our society, a very important sector, is experiencing the debilitating effects of substandard healthcare - our veterans! That's right the people who have fought to preserve our freedom, promote justice and protect the rights that we hold dear are not able to get to the necessary medical attention that they deserve. What's worse, the system that should be taking care of them may be making some of them sick!

In a recent report, it was estimated that as many as 10,000 people may have contracted HIV and hepatitis while undergoing medical procedures in veteran’s hospitals around the country. That is a staggering number. Just after that report another surfaced accusing a veteran’s hospital in Pennsylvania of botching radiation treatments to over 100 cancer patients! What is going on with our veteran’s healthcare system? Who is holding them accountable? Unfortunately these are not the only stories. They're even more personal than this.

Let’s take the case of war veteran Barry Lackro who fought in Vietnam in the early 1970s. He was diagnosed with prostate cancer in 2004. At that time he was over 50 years old and was given two options– surgery or radiation. He opted for the brachytherapy seed implant procedure. Brachytherapy is the process of implanting small metal seeds into the prostate. The seeds are used to fight off cancer by releasing radiation. He received these treatments at the same Philadelphia VA that botched the other cancer treatments for veterans in similar circumstances. Recently Lackro filed a lawsuit against the VA for medical malpractice.

At Freedland Russo one of our specialty areas is that of medical malpractice. This is a case that we will be watching closely as it's not a private doctor or their insurance company that is being sued but rather the federal government. Once again we know that the compensatory damages that are received will in no way return health to the victims. However, it will hold our federal government accountable for the treatment of our veterans.

In the meantime, should national healthcare become law, we hope that certain standards will be met so that all of our citizens, and not the least our veterans, will receive the quality health care they deserve.

Freedland Russo: Chinese Drywall Goes to Court

2009-07-22T15:25:00.000-04:00

If you have been following the Chinese Drywall Saga, then you know its impact not only here in South Florida, but also around the United States. Several South Florida builders used contaminated drywall imported from China in the construction of a myriad of homes. Now, they are being called to task.

Problems
In previous posts, we talked about just how difficult it would be to sue the drywall manufactures on foreign soil. Trying to even track them down could be difficult. But that hasn’t stopped the Harrell family from filing a lawsuit in Miami Dade County against their builder. Melissa Harrell registers the same complaints as others such as headaches, respiratory issues and sinus problems. The Chinese drywall emits several toxins due to

It’s been determined that the drywall releases hydrogen sulphide gas besides a number of other hazardous gases into the atmosphere of the homes where it was installed. The toxins are due in part to an ingredient known as fly ash that was used in its manufacturing. That’s the reason why many of them have been complaining of the “rotten egg” smell. Apparently the toxins have also damaged the physical property too. Items such as computer cables, electrical appliances, plumbing, jewelry and even picture frames. The full effect of the drywall on not only human beings but also the physical residence is just now surfacing. Researchers think there is more to come. We believe that the class action lawsuit led by the Harrell’s attorney is only the beginning.

What to do?

What do you do if Chinese drywall has been used in the construction of your home? Here are several suggestions.

First if, your family members or your physical residence are experiencing any of the aforementioned symptoms, order a complete inspection of your home. Reputable inspectors can be found by calling your local Chamber of Commerce or asking a friend for a referral.

Second, once a determination is made that contaminated drywall was used in the construction of your home, contact your builder immediately. Many builders such as G. L. Homes are relocating residents and footing the bill for the entire repairs. At the least, this is what your builder should do.

Third, you and your family should make a decision about recovering further damages. You can either decide to participate in one of the class-action lawsuits, or decide to file your own. Don't rule legal action out now. The long-term, debilitating effects of this Chinese drywall on both the health of the residents in the physical residence itself are still not known.

Weston Lawyers: Antidepressant Drug Causes Murder?

2009-07-20T16:32:00.001-04:00

Yes, you read the posting title correctly. It seems that these days, antidepressants are causing more problems than providing help. As a matter of fact, the FDA is taking a closer look at the potential side effects of taking antidepressants. There are some recent cases in which antidepressants, once again, have been linked to suicide and murder.

Several years ago the makers of Paxil were held liable for the deaths of Donald Schell along with his wife, daughter and granddaughter. It seems that after taking Paxil for only 48 hours, he murdered his family and subsequently took his own life. In one month, there were at least three murder suicides in various parts of the country. The common denominator? All were on antidepressants and all had reported that they felt they were getting worse, not better.

If you have been following our blog for any length of time you know that we haven’t hesitated in taking on the drug companies. It doesn’t matter how big they are or how deep their pockets, we believe it is necessary to get damages for the family as well as, hold the pharmaceutical companies accountable.

To say that many of these pharmaceutical companies put profits before people would be an understatement. All you have to do is listen to an advertisement on the television for a leading drug then observe how quickly they cover the side effects! It is irresponsible at best. It is as if they minimize what could happen. Rather than educate people about the dangers and what to look out for, it seems as if many of them just want to manipulate the outcomes to their advantage.

How do you determine whether a drug is safe for not? The simple answer is educate yourself. Look for independent studies that have been done by professors and physicians and not just what you read in a press release! Remember that most news articles are written from press releases sent out by principals or their PR firms.

As a part of that education, look for lawsuits regarding that drug and the subsequent outcomes of litigation. And if you have a case remember that you need good attorneys who will fight for your rights and who work tirelessly to secure damages for you.

Remember that an educated consumer is the best defense against harmful damage done at the hands of irresponsible pharmaceutical companies. It is also the pharmaceutical company’s worst nightmare!

Freedland Russo: Why Wrongful Death Lawsuits Are Necessary

2009-07-17T05:27:00.000-04:00

It was April 24, 2005 in the early morning hours. The place was a little town called Land O’ Lakes Florida. Specifically, a McDonalds drive through owned by Brickman Management Company. A fight breaks out between two men, Anthony Makowski and Martin Robles-Taylor. During the struggle Robles-Taylor strangles Makowski to death. Subsequently, Prosecutors opted not to charge Robles-Taylor with a crime and ruled that Murkowski’s death was an “excusable homicide”. However, attorneys for the parents of Makowski filed a suit in which they accused the management company of “not acting fast enough”. The jury agreed and awarded $1.5 million to them for their son’s wrongful death. This case, to us at Freedland and Russo highlights once again why such lawsuits are necessary.

According to reports, this same McDonalds where Makowski was murdered had 750 calls for service to the police department between 2001 and 2005. That amounts to approximately 187 calls per year or almost 4 per week! Reports included juvenile disturbances, loitering and assaults. Most of those calls were between midnight and 5 AM and occurring from Friday night into early Sunday morning. See a pattern?

This could be a case once again of profit before safety. It seems to us that if the restaurant owners didn’t want to provide enhanced security during those hours perhaps they should have altered their hours of operation. There is clearly a public safety issue for which the management company is responsible. Had the there been an armed security officer present during those hours or had the restaurant not been open at all, this senseless murder of Anthony Makowski may have never occurred.

Every year in the US there are a large number of wrongful deaths that go unchallenged and thus the perpetrators go on without being held accountable for their actions. As Consumer Justice Attorneys who practice in the areas of personal injury litigation, medical malpractice, wrongful death as well as others, we’ve see it all! And there’s one thing we know about human nature. Whenever possible, guilty parties will shirk responsibility, spin the story in their favor or shift the blame on someone other than themselves.

We exist and work to protect innocent consumers from those who would take advantage of them. While we know that there are some that will rail and gnash their teeth against frivolous personal injury lawsuits, those lawsuits are few and far between. The right consumer justice trial lawyer can guide you in evaluating the potential of your case. Without the law there is no justice for the victim and no accountability for the perpetrator.

GM and Future Lawsuits

2009-07-14T15:04:00.000-04:00

It seems like every time we turn on the news, open the paper or log in online, we see the story of another consumer being victimized by a large corporation. It seems even worse when those consumers who are “loyal” to their particular brand wind up being cheated by that same company. To us at the Law Offices of Freedland and Russo, this is the worst kind of fraud because it appears that the companies are playing with the trust and sentiments of their loyal customer base.

Let’s take the case of General Motors. GM was eager to get court approval for bankruptcy but at the same time, was fighting the issue of current and future product liability. Although the Government officials have sought to help GM clear many of the hurdles connected with bankruptcy– a number of state attorneys have not agreed with the reorganization. The fear? Consumers will lose protection whenever they face a product defect.

More than 300 people have come together and formed a group for the purposes of holding GM accountable. Many of them have previously filed suits against GM for product defects. The problem may be that even if they win the suits for injury and wrongful death claims, they will not be able to collect any major damages due to the reorganization! As consumer Justice Attorneys, this is the height of irresponsibility. While we understand the GM has fallen upon hard times, it doesn't mean that they should not be held responsible for their actions. Stop listening

This is just another case where consumers are suffering for no fault of their own. If you have been following the journey of the Law Offices of Freedland and Russo, you know that we have been involved in pharmaceutical litigation, personal injury litigation, medical malpractice litigation and have settled several whistleblower cases, the largest being against Eli Lilly. With our experience there's one thing that we know - the consumer should never automatically assume that a company that manufactures and sells a “trusted brand” has his/her best interest in mind. Our experience tells us they don’t. Often a little further study will reveal that there are a plethora of others who have also been victimized by a company they trusted. Once again, research and vigilance are the keys.

What will become of GM? Only time will tell. Keep checking in with us and we will continue to update you as further information becomes available.

Weston Lawyers: How Madoff Made Out…

2009-07-10T14:05:00.000-04:00

Say the name Bernie Madoff and you will get a response, but it may not be a good one. And for good reason. Madoff went from hero to zero in short order. For years many of his unwitting clients viewed him as a sort of financial guru or wizard. Millionaires, rock stars, actors, in fact anyone that was someone had their money invested with Bernie Madoff. Well if you've been watching the news you already know that was nothing more than a fraud. He was recently convicted of stealing billions (yes, we said billions!) of dollars from his victims and was handed down the maximum sentence for his crimes, 150 years. Courtroom observers noted that when Madoff was sentenced both cheers and jeers went out from among the crowds gathered inside to hear the courts final decision.

Now the very people who once praised him for his investment savvy hate him for what he has done. Madoff had the very best lawyers defending him but the evidence against him was just too overwhelming. When the trial began he appeared to be a mere shadow of his former self. As onlookers in the courtroom observed, he was now lacking the charm, wit and slickness that made him who he was. His victims will not soon forget the fraud was perpetrated upon them by an individual with him many of them had invested their life savings.

There's another side of this story however that few people want to address, that of the victims actions. While we at the law offices of Freedland and Russo are sympathetic to the plight of the victims, we believe that they, in a small way also have to take some personal responsibility. Hear us out. There is an old adage that was taught to us by our parents that says, "if it sounds too good to be true then it probably is”. It is difficult for us to understand how vigilant people would assume that the high rate of return which Madoff was promising was legitimate. Perhaps he appeared authentic, or maybe it was testimonials from other "trusted" clients that caused some of the victims to hand over their money without due diligence. Whatever the reason, there's a lesson in this for all of us. We all must take personal responsibility for our actions and research the validity of the claims by any company or any person that is seeking to sell us a product or service.

There will always be people like Bernie Madoff in the world who are preying on the trust, greed and carelessness of others. How do we protect ourselves? Hold the perpetrators accountable and do our research. Both of these steps will go a long way it helping all of us stay on the right track.

How The Cookie Company Almost Crumbled

2009-07-07T07:02:00.000-04:00

Once again, one of the most trusted brands by the American public is in the news and not in a good way. Over the past months and years, we have heard about contaminated meats, fruits, and even peanuts. Now, it’s cookie dough! We have often been warned about the dangers of eating raw cookie dough, this time the danger could prove to be a serious one. That's exactly what happened to the Sedbrook family. Recently they received a major scare when their daughter Madison ingested raw cookie dough that was contained E. coli. Her reaction was so severe that she almost suffered kidney failure. The Sedbrook’s are now seeking legal remedy through the help of their attorney. Like the law firm of Freedland and Russo, his firm specializes in dealing with consumers that have fallen victim to large corporations.

It seems that contaminated food is becoming more of a major health risk. There are innumerable cases in which food is not handled properly before it is packed or the proper precautions taken in its preparation. The culprit this time is a well known brand that most of us have heard of-Nestlé.
According to one report, Madison Sedbrook was not the only one impacted by this outbreak. It's possible that the same cookie dough was responsible for the illnesses of over 65 people in almost 29 states since March. To Nestlé's credit, the company took massive action in less than 24 hours after hearing about the problem by recalling the products in question. While that is noble, it doesn't change the fact that the cookie dough was contaminated. Researchers say that the E. coli virus could have come from any of a number of contaminants such as milk, the machinery or even the harvesting of the flour. Further investigation will be necessary in order to determine the root cause.

In Madison Sedbrook’s case, she suffered from the effects of the virus for almost a month. E. coli is a dangerous bacteria that can cause dysentery, dehydration and in the most severe cases, kidney failure. The family is suing for damages in the range of $50,000-$100,000 in order to cover their daughter’s Medical expenses. In this case, we believe the law will come down on the victim's side. Ultimately, Nestlé will not just be making the dough, this time they will also have to pay it!

Freedland Russo: Why “Made In China” Is Making Waves

2009-07-03T11:18:00.000-04:00

Most people will agree that we are in a global marketplace. For some that’s a good thing, but for others it’s bad. We've all experienced the customer service horror stories we've called the corporate offices of a company located in the United States but then subsequently been transferred to a “Customer Service Specialist” that barely speaks English in another country. That merely results in frustration. However when goods are produced in another country and imported to the US it creates a different kind of problem. Take China for example.

According to one report more than half the goods that the US Consumer Products Safety Commission recalled last year were manufactured in China! That figure is staggering. Some of the products included highchairs, bicycles and even soccer nets. And if you've been watching the news, you also know the Chinese drywall has caused a plethora of problems.

Most consumers are thinking "why not just get an attorney and sue the manufacturers?" While we at the law offices of Freedland and Russo would normally suggest such action it's not quite that simple in these cases. Don't get us wrong there will be a lot of lawsuits from the installers to the contractor to the distributors to the importers but the ones who are ultimately responsible for this problem, the Chinese manufacturers will be the most difficult against which to litigate. Why? The simple answer is that the case will be automatically prejudicial if a US citizen seeks legal damages against a Chinese company in a Chinese court. International lawyer Michael Lyle said it would be like "suing Michael Jordan in Chicago." There is also another issue. Many Chinese manufacturers try and persuade US courts that most their companies rely solely on importers and thus have no substantial business presence in our country.

What's the remedy? Currently United States senators are seeking to make it more difficult for foreign companies to weasel out of taking responsibility when being sued in a United States court. Until that happens foreign countries like China will continue to have the advantage. Let’s hope our Senators find a rapid solution to this dilemma so that the residents of Florida will not have to face disappointment when they receive a final verdict in their cases.

Weston Lawyers: Plaintiff Suits Against Automakers Get Lost In Shuffle

2009-06-30T13:11:00.001-04:00

There has been a lot of talk of late about the impact of our poor economy on the big three automakers. Much ado has been made about the use of bailout monies, who’s taking it and who isn’t and about the long term effects that the bankruptcy of one of them might have on American life. Throughout all of these discussions one important element has been placed on the back burner: Personal injury plaintiffs. Several people have pending personal injury suits against Chrysler, which is up for sale at this point and GM which is filing for bankruptcy. Once both companies emerge from the mire of fiscal and managerial irresponsibility, they will do so according to one source “…free and clear of all pending and future claims and interests in all property sold pre-bankruptcy”. What makes matters worse is that the law seems unclear and open to interpretation on this subject.

It appears that those who have filed suits had better get in line. The legal wrangling and arguments regarding this topic have only just begun. We don’t see it getting settled anytime soon. At the heart of all this is the fact that the victims in these suits are being victimized once again. In some cases people have lost limbs or their ability to perform routine tasks due to mechanical issues or malfunctions in an automobile. Medical bills are piling up and they are now unable to work and provide for themselves or their loved ones. Now, their cases may become a moot issue due to all the financial wizardry that is currently manifesting itself.

To us at westonlawyers.com, that is an injustice. There should be a legal remedy in place that isn’t subject to the whims of financial mismanagement. The laissez faire perspective that got these companies into trouble in the first place is now spilling over in other ways and having an even more negative impact on the true victims. It seems in all of the budgets, bailouts and bankruptcies, they have all but been forgotten.

This story is still developing and we have every intention of following through. In our opinion these will be cases in which legal precedent will be set for the future.

FDA Says Zicam Doesn’t Pass The Smell Test

2009-06-26T09:13:00.000-04:00

Do you remember the old black-and-white television series called the twilight zone? While we are dating ourselves talking about the twilight zone we've all heard the term. And sometimes we feel like we're living in it on a daily basis! Take for example this newest warning from the FDA regarding the use of a popular health remedy for colds called Zicam. Why did the FDA issue this new warning? According to one source there has been 130 reports of people losing their sense of smell as a result of using one of the Zicam nasal products.

Zicam's parent company Matrixx is standing behind its rainmaker. Recent sales figures indicate that the parent company had $101 million in sales last year of which 40 million came from Zicam products. The FDA isn't impressed. The authorities recently sent a warning letter to the company informing them of the possible side effects of their products. All this while Zicam has been marketed on several top rated nationally syndicated talk shows.

While we at westonlawyers.com are against too tight of government control, we do believe that it is the federal government's job to protect consumers. It is naïve to think that when a company like Matrixx is slapped on the wrist they will pull their products or even make the necessary changes. As we have stated before companies like Matrixx have massive marketing and PR departments that work hard to overcome negative publicity with spin. And sometimes that is their only response!

All consumers must remember that when products are marketed as “Natural” or “Herbal” that it doesn’t mean they are completely safe. Remember that each “Natural” product most have a warning label attached that states in part, “These claims have not been evaluated by the FDA”. Just because a product is sold in your favorite health food store doesn’t make it immune from having side effects. A company that cares about ensuring public safety will have their own independent research done and will make the documentation available upon request.

For any so called “natural” product, do your research and remember that if it sounds too good to be true then it likely is. Two words should be your guide and they will keep you out of a lot of trouble – Buyer Beware!

Weston Lawyers: Drug Companies Greed Capitalizes on Public Need.

2009-06-22T15:10:00.000-04:00

We have shared with you in past postings how drug companies market their products so as to meet a “perceived need” of the general public. Since many people want a quick fix to their situation, they spend little time examining the potential side effects of most drugs. Therein lies the problem. It’s easy when you have a need to eliminate pain, deal with an ongoing illness or solve a problem to look only at the good side, but we would caution against that. Recently, several drug companies were in the news once again for improperly marketing some of their pharmaceuticals.

For example, Merck & Co Inc was recently warned by the FDA that their best selling asthma drug, Singulair should come with a caution. This is due to several reports that the drug caused problems such as aggression, suicidal thoughts and suicide, depression and even insomnia. The warning also included the fact that physicians should be aware that mental issues could arise and thus consider discontinuing the drugs if their patients should develop psychiatric symptoms. Oh really? To us, the fact that physicians would even have to be warned about discontinuing a prescription drug should side effects occur is the height of audacity and arrogance. Merck & Co. Inc. weren't the only wants to be warned. Manufacturers of the drug AstraZeneca were also told that it should come with a caution too. Is it just us or does it seem like more research needs to be done on these drugs?

Another company also made the news once again, Eli Lilly & Co. It seems that Lilly actively marketed and sold a drug, Zyprexa, with the claim that it helped to alleviate dementia symptoms in older patients. The problem? It didn’t, and recent unsealed documents proved that to be the case! What was Lilly thinking? It's clear that once again they sacrificed consumer safety on the altar of profitability.

That is why we at westonlawyers.com began this blog. We are well aware of the fact that the largest departments in these pharmaceutical companies are often that of marketing and public relations. Most times both of those departments move quickly to spin things in their favor when their pharmaceutical company is slapped on the wrist for wrongdoing. We're here to keep you, the consumer and other lawyers who are on the front lines fighting for the rights of consumers, informed. Should you have any stories like this, please e-mail them to us and we will be happy to respond to them here.

Weston lawyers: Another Medical Device Maker Charged With Improper Marketing

2009-06-18T14:56:00.000-04:00

We have spent a lot of time on this blog talking about pharmaceutical companies and their often inflated claims of what their drug will do. We don't want you to get us wrong, pharmaceutical companies are not the only ones that will often use improper marketing practices. Take for example a medical device maker by the name Synthes. The company, along with four of its executives, was indicted recently on federal charges. Charges filed in Federal court claimed the company promoted bone filler products for purposes that were not approved by the FDA (Food and Drug Administration). While the bone filler was approved for use in general bone repair, that is not the case for spinal conditions. Authorities expressed their concern regarding potential leakage of the bone filler into the bloodstream of patients where it could cause and irreparable damage and possibly death.

United States Attorney, Michael L. Levy said "They (Synthes) put their profits ahead of responsible business practices and the truth." We couldn't have said it better ourselves. The longer we practice law the more surprised we are by companies like Synthes and others that continue to seek to deceive the public via untruthful advertising and marketing practices.

We at westonlawyers.com marvel we hear about situations such as these. Unfortunately it seems that they are all too common. That's why it is laughable to us when we hear the medical and pharmaceutical community accusing attorneys of filing frivolous lawsuits and of being the impetus behind high premiums for medical malpractice insurance. To the medical community we would say “Start holding one another accountable”. They must set higher standards for the procedures they use, the devices they produce, and the medicines they prescribe. A dose of extra caution can save a lot of heartache down the road for victims and for their families. In today's marketplace, the only remedy the consumer often has when their rights have been violated is a legal remedy. We will continue to vigorously defend the rights of people when they have been violated. And we will continue to inform the public of wrongdoing at every turn.

We agree with the quote by Robert Louis Stevenson, "Everyone sooner or later sits down to a banquet of consequences." All of us should be careful of our actions for each of them will be followed by consequences. That’s a good lesson for the medical and pharmaceutical companies as well as, the rest of us.

F. D. A. Says Baxter’s Surgical Sealant Isn’t All That…

2009-06-15T09:26:00.000-04:00

Medical device, pharmaceutical and biotechnology manufacturer Baxter recently received a slap on the wrist by the FDA. The ruckus is centered on one of Baxter's most popular products called Tisseel. Tisseel is a surgical sealant that is used primarily in cardiac bypass surgery in order to curtail bleeding. According to Baxter's website, it is used in several other surgical procedures. While the FDA did not deem Tisseel a dangerous product it was gravely concerned with the manufacturers "overstating" of its effectiveness and use.

The problem of "overstating" the effectiveness or use of a product by a pharmaceutical or drug manufacturer is nothing new. In fact, further investigation into the FDA website reveals that several well known companies like Pfizer, Bayer, GlaxoSmithKline and Johnson & Johnson also received similar warning letters in reference to their marketing practices. Apparently asking the companies to police themselves more carefully isn't working! Warning labels and disclaimers only go so far too. We at westonlawyers.com believe the disclaimers are nothing more than a feeble attempt by the manufacturer to limit their liability if a problem with one of their drugs or medical devices occurs.

For its part in this surgical sealant debacle, parent company Baxter says that the marketing materials in question are "... no longer in use". While a Baxter spokesman denied that the marketing materials misrepresented the efficacy of the product, the FDA disagreed. For our part, will have to go with what the FDA says but it has to take responsibility too. It's important that the agency strictly adheres to and enforces the guidelines that already exist. The regulatory agency has the power to recall dangerous products and warn the public about the side effects of others. We also believe that the agency should review their guidelines regularly and tighten up those that are lax. The welfare and safety of consumers is a top priority of the FDA and thus they should keep their focus where it belongs.

Taking on pharmaceutical giants may seem like a battle of epic proportions and one in which there is no easy victory. Vigilance, persistence and accountability are the keys to protecting consumers. Consumers must be vigilant in their questioning and research of any drugs, surgical procedures or medical devices that are recommended by any medical professional for physician.

Those who have been wrong need to be persistent in their attempts to gain restitution from a manufacturer or physician that is liable for death or injury as a result of their product or procedure. And of course the government as well as other agencies needs to continue to hold companies accountable. The larger they are the more accountable they should be.

You Are What You Eat?

2009-06-11T07:23:00.000-04:00

The old adage rings true - you are what you eat. But these days you may get more than you bargained for when you pick up that fork. Take for example frozen pot pies. Now we know they are high in saturated fats and have mystery ingredients that no one can really identify, but who would have ever thought you could catch salmonella from eating them! That’s right, you read it correctly, we said salmonella! When we at westonlawyers.com first heard about this we were shocked and not just at the disease – but rather at the company’s response to the outbreak.
After several failed attempts to research the origins of the salmonella, ConAgra the parent company for Banquet pot pies summarily gave up the search. Obviously with 15,000 people infected with Salmonella by their product, it may not surprise you that we don't think this was such a good idea! What was ConAgra thinking?

In a recent NewYorkTimes.com article, we were appalled to find that ConAgra is not the only player in this particular game. While they couldn't pinpoint what ingredients were causing the salmonella, it appears that other companies are unaware of even who their suppliers are or of what goes into their products! In the past, the focus has been on contaminated meat, poultry and fish. Now due to global marketplace any food can be contaminated with pathogens are microbes. According to the report, other food companies like Nestlé, and the producers of Swanson hungry Man brands say that they are also unable to ensure the total and complete safety of their products.

Cases like this were brought to the forefront earlier this year when over 27,000 people were sickened as a result of contamination in a peanut production plant in Georgia. While that company issued a massive recall, questions still remain unanswered. Why can't these companies do more research? With current technology, why can't they detect pathogens microbes and other contaminants? And since Congress is taking action on such things as the Chinese drywall debacle, why don't they take action on this? It is apparent that more people have become sick as a result of contaminated food products than have been sickened by the contaminated drywall.

The most disturbing thing in this report was the fact that ConAgra is now issuing instructions to consumers so as to ensure the foods are contaminate free. While we believe in the personal responsibility of consumers, should these companies be held more responsible? Until then be careful what you eat. It could be hazardous to your health.

Death of a 16 year-old boy, Emilio Villamar

2009-06-05T11:10:00.000-04:00

On June 4, 2009 Weston Lawyers held a press conference regarding one of our cases that will be going to trial before the end of the year. It involves the death of a 16 year-old boy, Emilio Villamar. He was prescribed various atypical anti-psychotic medications by Dr. Sohail Punjawami. Dr. Punjawami is the physician that prescribed the same or similar drugs to seven year old Gabriel Myers who recently committed suicide. Drugs such as Seroquel, Geodon and similar drugs are not intended for children, not approved by the FDA for pediatric use and moreover, their side effects are potentially dangerous.

At the press conference, Ms. Norma Tringali, the mother of Emilio Villamar and Attorney Michael Freedland were interviewed regarding this tragic case. Elements of the press conference were featured on various evening newscasts. It was also covered by both the Sun-Sentinel and Miami Herald in the June 5, 2009 editions. Links to both are below. Stay tuned to the blog for further developments in this case.

Watch video clip on CBS4 - http://tinyurl.com/qp9vd4

Read articles in the Miami Herald Click here and Sun-Sentinel Click here

A Drug Company With A Hit List?

2009-05-14T05:33:00.001-04:00

Say it isn’t so! And yes, you read the title correctly. Reports surfaced recently that International Pharmaceutical giant Merck had a hit list of Doctors who criticized their popular drug VIOXX. Of course it wasn’t a literal hit list but it was bad enough. According to the Australian News, the company assembled a list of physicians that they sought to both “silence” and discredit. Their tactics included interfering with academic appointments and the threat of withholding funding from research projects on which that particular Doctor was working.

Most of those on the list expressed previous concerns regarding the dangerous and life threatening side effects that the popular pain killer was having. At the height of its use in 1999, VIOXX boasted some 80 Million users. Not long after that, people begin coming forward citing the drug for causing heart attacks and strokes! Merck denied any wrongdoing of course but the court didn’t see it that way. The company had to pay out a $4.85 Billion class action settlement but in return didn’t have to admit guilt. VIOXX was taken off of the market in 2004.

This shouldn’t come as a surprise to anyone. The fact that the physicians and drug companies are often to close for comfort has been a pet peeve of ours for years. To our thinking, it seems difficult Doctors to provide an unbiased opinion and correct prescription if they are allowing the drug companies to exert undue influence on them. Doctor’s swear a solemn oath to put their patients care before anything else. Thankfully, Merck got their hand slapped and hopefully this will give pause to other drug companies who are acting in similar fashion.

There are no easy solutions to this ongoing dilemma, but we do believe some action needs to be taken. First, we must demand more stringent guidelines for pharmaceutical companies. They should have the toughest accountability and the highest ethical standards. After all, the safety of the public hangs in the balance. Second, we need to enact stiffer penalties. As we said earlier, this multi-billion dollar settlement was a slap on the wrist for a company like Merck. Perhaps the principles should serve jail time along, community service, etc. Third, the laws need to be changed. This is difficult too in that many of the drug companies also have very good lobbyists who work tirelessly on their behalf. We believe the best defense of all though is an informed public. It’s important to know what you are taking and why. It’s necessary to research the physician that prescribed that drug to you and their relationship with its manufacturer. It’s up to all of us to hit back.

Weston Lawyers: Movie Trailers May Be Hazardous To Your Lawsuit!

2009-05-13T14:38:00.004-04:00

Tort reform legislation is the talk of the day. Every time you watch or read the news attempts are being made to portray yet another story of another lawyer who has victimized the community or skirted around the law to his/her own advantage. The challenge, as with anything else is not to allow the pendulum to swing too far one way or the other. When campaigning for changes to the laws, reformers need to be careful. Case in point, the U.S. Chamber Institute for Legal Reform. Recently the organization began a targeted advertising campaign about frivolous lawsuits. But you won’t see their advertisements on the television or internet, nor will you hear them on the radio any longer. Rather, the organization has chosen a more captive audience – movie goers. That’s right - the only place these ads can be seen is in your local movie theatre!

We can’t speak for our audience but certainly state that the last thing we want to see while waiting for the main attraction (and eating our popcorn!) is a movie trailer about frivolous lawsuits, or any other lawsuits for that matter. In the customary Chamber way, these trailers dramatize only the most absurd legal cases. While there are some frivolous lawsuits filed, it is clear and irrefutably documented with empirically objective data that the overwhelming majority of lawsuits are well grounded in legal and factual principle. That is the other side of the story that the tort-reforming business community continues to ignore.

We agree with Ray De Lorenzi, a spokesman for the American Association for Justice which is a national trade group committed to the protection of victim’s rights. De Lorenzi was recently quoted in an article by Sheri Qualters of the National Law Journal (http://www.law.com/) as saying that the U.S. Chamber's movie trailers are "their [the tort reformers] latest desperate attempt to discredit the foundation of the U.S. legal system." These types of incidents only play into the stereotypical lawyer jokes and give credence to the “ambulance chaser” mentality. Nothing is further from the truth.

As victim’s rights advocates, we have looked into the eyes of real victims and listened to the stories that they tell. We have heard about their physical and financial hardships, watched their reputations soiled and felt a tinge of the turmoil that they experience. That’s why we do what we do, and that’s why we’ll keep doing it every day. We will all have critics and they will forever be among us. But we leave you with this thought – have you ever seen a statue erected to a critic?

Weston Lawyers: F.D.A. Puts a Wrinkle In Botox Prescriptions

2009-05-12T13:26:00.000-04:00

For several years now there has been increasing concern expressed from the medical and scientific communities over the potential dangers of the popular “wrinkle reliever” Botox.

Recently after increased pressure and more problematic reports, the F.D.A. is requiring Botox to carry the “black-box warning”. This as a result of over 225 reported problems and at least 16 drug related deaths. This popular drug can temporarily reduce or halt muscle activity which makes it a much celebrated “miracle drug” that reduces the physical signs of aging. Botox isn’t without problems. Its danger lies in the fact that it can easily spread to other parts of the body and cause issues with swallowing and/or breathing. The black-box warning is the strongest safety action the F.D.A. can take and is reserved for only those drugs that have serious risks. World renowned Dermatologist, Dr. Arnold Klein sounded the alarm regarding Botox over a year ago. Dr. Klein became concerned that the recent research studies conducted on it were inaccurate or at the least, inaccurately reported. Many others have followed suit. Now the Food and Drug Administration has taken decisive action.

It is amazing to us that, with all the research, people still flock to incompetent (and sometimes unlicensed!) practitioners who prescribe and administer this drug. This is due in part to false advertising and skewed perceptions of the procedures as seen on reality television. With all of the negative publicity, the drug is still wildly popular. In fact, Botox is the second most popular prescription drug on the market, with Viagra being the first. According to its maker, Allergan, Botox boasted sales of over $1.3 Billion dollars last year. And it only seems to be on the increase. Other similar drugs will soon flood the marketplace so we are glad that action is being taken by the authorities in this regard.

So how should you approach Botox and its related procedures? You should carefully research the drug for yourself and thoroughly vet your physician that is prescribing and/or administering it. It is important that any physician be board certified and credentialed in the prescription and use of Botox and any other related drug.
What if the damage has already done and you are a victim of Botox related illness or injury? Seek legal counsel immediately. A legal remedy may be the only way to not only collect damages but more importantly, ensure that others don’t fall victim to the misuse of this powerful drug.

Weston Lawyers: Hydroxycut May Cut More Than Just The Fat!

2009-05-11T06:52:00.001-04:00

“Want to lose weight? Then drink a shake!” “Want to chill? Take a pill!” And so goes the mentality of “I want it now and don’t want to work for it” that continues to pervade our society. Well known marketing guru, Dan Kennedy, says that if you want to sell weight-loss products that you must communicate one message; "you may be fat but it's not your fault." The nutritional supplement industry is exploiting that very attitude.

That's why products such as Hydroxycut have become so popular and are being sold as nutritional supplements through stores like GNC and The Vitamin Shop as well as, many others. The product has also been peddled on television, radio and the Internet. With each advertisement you hear the successful testimonials (along with unbelievable pictures!) of weight-loss-all as a result of using Hydroxycut. It’s also been sold in many different forms such as pills, drinks and powders. That was, until recently.

Several weeks ago the F.D.A. (Food and Drug Administration) stepped in and issued a recall of all products containing Hydroxycut. The F.D.A. received 23 different reports of liver damage and/or failure as a result of using the product with one person requiring a liver transplant. Additional side effects such as heart problems and muscle damage leading to kidney failure were also discovered. It's curious because the F.D.A. does not regulate items that are deemed "nutritional supplements" since they do not need F.D.A. approval before they can go on sale. The F.D.A. can only intervene when it deems a product “harmful”. Such was the case with Hydroxycut.

This may be the tip of the iceberg when it comes to Hydroxycut. We're sure more complaints will surface from former users of the product who are now experiencing severe complications and damaging side effects. While others sit by and question the scope and influence of the FDA, we believe that this industry needs to be more regulated in order to safeguard the public from those who would produce and distribute dangerous products.

What's the bottom line? We believe that vigilance is the byword of the day. Do careful research on any product before you begin taking it. Ask the company for any independent research that has been done on their product. Legitimate companies will provide such backup which will provide further credibility. Finally, use your common sense. Remember the old adage that has stood the test of time, “if it sounds too good to be true, then it probably is”.

Where Would We Be Without Mom's?

2009-05-10T05:16:00.001-04:00

To our Mom's, Wives and all the other women who make a difference in our community and the world every day, we want to wish you a Happy Mother's Day.

We are grateful for your love, courage and sacrifice. Your thoughtful deeds and selfless ways are the glue that holds our families and our society together.

Thank you for all that you do! We're not sure where we would be without you!

Chinese Drywall - The Saga Continues

2009-05-09T10:04:00.001-04:00

In a recent posting, we promised to keep you apprised about the Chinese drywall situation. Some probably thought (and hoped!) that this would be yesterday’s news. However, concern seems to be growing. And now the situation is being reported in the national news media.

During 2004 to 2007, enough drywall to build 30,000 homes was imported from China. According to reports, the drywall contained corrosive gases that emit a "rotten egg like" smell. The vapors are responsible for earaches, sore throats, nose bleeds and general respiratory distress for those living in the homes where the drywall was installed. It has also been determined that those gases corrode metal surfaces, electrical wiring and even jewelry! According to CNN.com (www.cnn.com), The U.S. Product Safety Commission says that complaints have also been filed in Louisiana, Virginia, Wisconsin, Ohio, Alabama, Mississippi, California, Washington, Wyoming, Arizona, Tennessee and Washing D.C. It is still unknown how many homes have been affected just in South Florida.

For many of the homeowners there is a second issue – financial difficulty. Because some of the builders and suppliers have shirked their responsibility, homeowners are being forced to find another place to live while still being responsible for the mortgage on the residence that is uninhabitable.

Currently, one builder seems to be the exception. G. L. Homes has taken decisive action to repair the homes that they built using the contaminated dry wall. Recently, they begin repair on all of their homes that were affected. Before work commences on each home, the air quality is measured and recorded. Another air quality reading is done after the repairs are completed so as to ensure that no residual vapor is remaining. According to a spokesman, repairs for each home are taking approximately eight weeks to complete. During that time each family is given a $3,000 per month housing allowance by the company. We applaud G. L. Homes for taking responsibility and making the necessary repairs in such a timely fashion.

So what should the homeowners do if their contractor is refusing to make good? Our suggestion is to try first to settle out of court. Stand strong and tell them it's their responsibility to make the situation right. If they do not take action on their own, it's time to seek legal counsel. Sometimes a letter from an attorney may be all that’s needed to get them to take action. We're sure the situation is far from over. Stay tuned to the Weston Lawyers blog for further updates.

Weston Lawyers Golf Classic Raises $50,000.00 for Scholarships!

2009-05-07T13:43:00.002-04:00

The WestonLawyers.com Golf Classic put on by the Rotary Club of Weston raised over $50,000 in scholarships for worthy graduating seniors of Western and Cypress Bay high schools. Over 150 local golfers enjoyed the April 20th tournament on both courses of the Weston Hills Country Club.

Scholarships will be awarded at a special breakfast meeting of the Rotary Club on May 14th, 7:30am at the country club. All sponsors and awardees are invited.
The Rotary Club of Weston has over 100 members who are active business and professional persons living and working in the Weston area. It is part of Rotary International, which has 1.2 million members in 32,176 clubs in 168 countries around the globe. The clubs motto is “Service Above Self” which translates into charitable giving, community service and promoting good will both locally and globally. Through the support of Rotarians, world health organizations are inches away of eradicating polio from planet earth. For more information about the Rotary Club of Weston visit www.rotaryweston.org.

Further information: Chairperson – Chuck Yeh 954-401-4746 or Promotions- Clark Kilgard 954-849-8826

General Motors – A Step In The Right Direction?

2009-05-04T11:20:00.000-04:00

A recent news report has revealed the General Motors may have bigger financial problems. Apparently they've issued a recall of 1.5 million hours due to a fire risk. The models include Buick, Chevrolet, Monte Carlo and Pontiac midsize car cars. GM has stated that several of these models are actually leaking oil that could result in the engine catching on fire. The recall applies to 1997-2003 Buick Regal; 1998-2003 Chevrolet Lumina, Monte Carlos and Impala; 1198-1999 Oldsmobile Intrigue and 1997-2003 Pontiac Grand Prix.

GM dealers will remove the plastic spark plug retention channel and will install two new spark plug wire retainers at no charge, according to a recent press release.

It appears that GM is trying to get a jump on what could potentially become a firestorm of lawsuits across the United States should people be injured. We remember a case many years ago when Audi took the same action. Reports came pouring in that certain models would cause the car to explode when hit from the rear in an accident. Audi sought to circumvent the problem by appearing on 60 Minutes and issuing a recall of those models and fixing them free of charge. GM execs may have learned their lesson from Audi. They know it only takes one lawsuit to cause further financial problems for a company that is already teetering on the brink. We applaud GM for issuing the recall and seeking to make the situation right before someone is seriously injured or worse, loses their life.

Other companies should take a lesson from GM. Step up, take responsibility and fix what’s wrong. Telling the truth and being accountable will go a long way to keeping the public safe and creating a stellar image. If you have one of these automobiles the responsibility now lies with you to get the repairs complete. With this move, GM has limited their liability, enhanced their image and most of all, and fixed the problem. Make no mistake though, it was also a savvy business move on their part. While they are spending a lot of money on the repairs, it pales in significance to the cost of litigation over the long haul.

Over the coming months we will keep you informed as to what is happening with this particular recall effort. For now, we believe that GM is heading in the right direction.

The UPS Whistle Blower Lawsuit

2009-05-01T11:18:00.000-04:00

Whistle blowing has finally hit United Parcel Service. The courier and shipping company has been forced by the courts, to pay an employee $1 million as compensation for having treated him badly after he blew the whistle on managers who were violating company policy.

Michael Battaglia, a 51 year old UPS employee claimed in his lawsuit against UPS that after an incident in 2005, when he complained about acts against company policy being done by some managers, he was not only demoted, but was assigned to the night shift without any valid reason. He claimed it was in retaliation for having had the courage to expose the nefarious activities of these managers.

After a month of hearings, the N.J. Superior Court found that UPS had violated the state laws on protection to whistle bowers and anti-discrimination statutes. The courts awarded Mr. Battaglia $500,000 for economic loss and another $500,000 for emotional distress. However, the jury decided that this was enough and did not give him any punitive damages. UPS said, through the lawyers that the employers have accepted responsibility in this case.

While this may be a happy ending for Mr. Battaglia, let us not forget that he is just one among thousand of whistle blower complaints pending for adjudication. Many of them have been pending for a long time, leaving the whistle blower in limbo. The old saying of justice delayed is justice denied, is most true in the case of whistle blowers.

A whistle blower puts everything on the line – his income, his future prospects and his reputation to expose malfeasance, wrong doing and criminal activities. Often when while the whistleblower waits for the case to go to court, he/she may lose their job, face social isolation and experience emotional hardship.

While the protection and rewards available to whistle blowers has improved over the years and are continuing to get better, we believe the legal process should be timely and the settlement options swift. We have watched the agony that one goes through as a result of just trying to do the right thing. Perhaps with the recent changes in Washington, new laws can be enacted that would allow the process of whistleblower lawsuits to go much smoother.

Pain Clinics Run Rampant

2009-04-30T14:23:00.003-04:00

There is a serious problem in our community that is just now being brought to the forefront – Pain Clinics. Recently, the Florida Legislature began seeking to enact reforms to help curb the illegal pain pill trafficking in South Florida through these so called pain clinics. The problem has become even more severe in the county in which we reside, Broward County as recently reported in the Miami Herald. According to police and health officials, Broward County has become the nation's chief supplier of black-market prescription narcotics. This trend is fueled by a cottage industry of storefront pain clinics that has swollen from an estimated 60 to 150 clinics in the past year alone, just in our area.

Remarkably, just 50 South Florida doctors dispensed nearly nine million pills of the dangerous painkiller oxycodone in a six-month span last year, according to the U.S. Drug Enforcement Administration. One source says that, “Oxycodone is in a group of drugs called narcotic pain relievers. It is similar to morphine. Oxycodone is used to treat moderate to severe pain. The extended-release form of this medication is for around-the-clock treatment of pain”.
Narcotics investigators say these clinics are feeding an epidemic of overdose deaths from Florida to Appalachia. The crisis finally prompted the Florida Legislature out of inertia to move forward on efforts to monitor and prevent prescription-pill abuse.

The Florida legislature is currently attempting to pass a number of laws that would limit the business of unnecessary and dangerous prescription of these narcotics. The Florida Senate on Friday passed a bill that would create a database to track narcotics prescriptions filled by doctors and pharmacists -- a tool to detect possible ''doctor shopping'' by drug addicts who seek pills from several doctors.

But even if these reforms become law, many pain clinics will still operate with less oversight than many other healthcare providers. For example, the Senate bill does not require criminal background checks for clinic owners or key personnel, which state law requires for workers at most other health care facilities.

Pain medications should only be prescribed and administered by qualified physicians and healthcare providers. Every patient should be given detailed explanations as to the potential side effects of these medications and the addictive behavior they can induce. In the absence of proper warnings, patients who don’t know better, can become addicted in short order. The results of such addictions are often disastrous.

Medical Malpractice Leads To Tragedy

2009-04-24T14:39:00.002-04:00

As we tuned into the news just two days ago, we saw that it happened again. It seems that everywhere we turn there is a lack of accountability that invariably leads to tragedy. Take the case of seven year old Gabriel Myers. Little Gabriel hung himself this week in the shower of his foster home. Why would such a young boy take his own life? Apparently, in the weeks before his death, Gabriel had been prescribed powerful mind-altering medications that have been linked by federal regulators to an increased risk of suicide in children. It has been discovered that Gabriel had been prescribed four psychiatric drugs, two or three of which he was taking at the time of his death, according to the report. The story went on to reveal three of the those psychotropic drugs carry U.S. Food and Drug Administration ''black box'' label warnings for children's safety which is the strongest advisory that federal agency issues. Three of the medications are not approved for use with young children yet they are still widely prescribed to youngsters ''off label'' -- meaning doctors can prescribe the drug even if not formally approved for that use.

But it gets worse. It appears Gabriel was being treated by a Broward psychiatrist who is on a list of Florida doctors that the state Agency for Health Care Administration red-flagged as having ''problematic'' prescribing practices. This according to Robert Constantine, director of AHCA's Medicaid Drug Therapy Management Program. ACHA tracks the prescribing of psychiatric drugs to children. Their list flags doctors with a high volume of prescriptions of mental-health drugs or potentially dangerous combinations of the medications.

Dr. Sohail Punjwani has been on that list every quarter in which regulators have monitored the prescribing of psychotropic drugs since the program was created in 2006. The practices of about 17,000 Florida doctors who prescribe medications to children on Medicaid are studied every quarter, and about 300 to 450 of those are red-flagged.

While it is unknown whether these medications should or should not have been prescribed, physicians have a responsibility to inform patients and/or their families of any known potential side effects of these medications. It has been our firm’s experience that all too often, patients are not informed of potential adverse effects of medications that have been prescribed for them. Predictably, this many times has catastrophic results.

We believe that there are two key steps that will curb the tide of similar tragedies. First, patients need to be informed and thus, empowered. Each patient should do their own research and get second (and third!) opinions before they begin taking prescriptions. Ask about side effects and the long term impact of taking certain drugs. Second, physicians and pharmaceutical companies must be held accountable for their actions. We believe that the penalties for such negligence should be stiff and swift. They must be called to task for their irresponsible actions. Education and accountability are the keys to prevent other children like Gabriel from facing such a tragic end.

Northrop Grumman-TRW Whistle Blower Case – Who Paid The Piper?

2009-04-21T21:08:00.000-04:00

A company is found guilty of supplying defective parts to the Pentagon’s spy satellite program and is fined. A whistle blower receives his reward for exposing the case. But the company does not have to pay a penny. It may sound bizarre, but that’s exactly what happened in the settlement of the country’s biggest Pentagon related whistle blower case.

Robert Ferro is an electrical engineer with Aerospace Corp, a research laboratory that received federal funding to evaluate satellite parts for the Pentagon. Ferro blew the whistle on the parts which were defective and which the manufacturer, TRW, knew would fail. Under the False Claims Act, even people not affiliated with the federal government can sue federal contractors on behalf of the government and if their claims are held valid, they are entitled to 15% to 25% of the total settlement amount.

Ferro claimed that research done in 1995 proved that the parts would fail when placed in the satellites, but TRW (later acquired by Northrop Grumman) did not inform the government. Northrop Grumman –TRW was found guilty and agreed to pay $325 million to settle the claims. But the company will not be issuing any checks. In an odd “coincidence” the government also announced that it has settled a separate long running dispute with the company and would be paying them $325 million. In other words, no money will change hands and everyone goes home happy.

Well, not everyone. The whistle blower still has to be paid, and paid a large sum - $48.7 million. This is the largest ever settlement in a Pentagon related whistle blower case, easily passing the previous amount of $27.2 million. But Northrop will not be paying Mr. Ferro. The Justice Department said that the money would be part of the adjusted settlement between the government and Northrop and would be paid from “Treasury’s Fund.”

The Government won the case, the whistle blower was paid and Northrop does not pay a penny! The company says that it believes that “the settlement is in the best interest of all parties.” Especially those who do not have to pay from their own pockets.

Leaving all that aside, the fact that a whistle blower was able to use the False Claims Act and sue a company on behalf of the government and receive over $48 million for his efforts should encourage whistle blowers all over to stand up and do their part in exposing wrong doing wherever they find it.

Who’s Sorry Now - Whistle Claims and Counter Claims

2009-04-18T11:13:00.001-04:00

Things can get very bitter when a company and a whistle blower begin to trade charges of prejudice and ulterior motives on each side. It is often difficult to know where the truth lies when the whistle blower and the employer both make strong cases and the evidence is not clear cut or easy to decipher. A recent case in point is that of Paul Liska, the former CFO (Chief Financial Officer) of Motorola’s mobile devices unit (cell phone division).

Last February, Motorola announced that the company’s mobile phone sales were at $2.35 billion; about half of what it had been a year ago. The current operating loss was $595 million compared with $388 million last year. A month before announcing these depressing figures, Motorola had said it was planning to cut 4,000 jobs, including 3,000 in its mobile phone unit.

Mr. Liska says he was given the mobile phone unit’s forecast for the current year and found that it was based on inaccurate information and fallacies and also ignored important facts. He says he brought this matter up with the company’s audit committee. During the meeting he also told them that one of the reasons for the dismal results was that the unit was incapable of accurately predicting sales numbers. He also informed them of the fact that the unit had no viable business plan for 2009. Additionally, he advised that same committee, that when credit rating agencies came to know of the fact that the company was producing forecasts without any factual basis, the credit rating would be badly affected.

According to Mr. Liska the day after his meeting with the audit committee he was fired. He says it was for his refusal to accept unsubstantiated and misleading financial forecasts. Mr. Liska is now suing Motorola for $1.5 million in severance pay as well as punitive damages.

Motorola on its part says that forecasting failures were common in the mobile phone industry and the global recession had only made things worse. The problem was not only with Motorola- all the cell phone manufacturers were in the same position. The effect of the recession on mobile phone sales had already been taken into account by the company board. The company also says that Mr. Liska has failed to perform as CFO and had been erratic, unprepared and abrasive and that the company had decided to replace him months before. When Mr. Liska got to know he was going to be fired, he staged the whole audit committee drama to try and extort additional money from the company when leaving.

While Mr. Liska’s track record shows him to have been a successful finance officer, the jury is still out on what happened at Motorola.

Weston Lawyers: Is President Obama Undercutting Whistle Blowers?

2009-04-15T11:00:00.000-04:00

While on the campaign trail, President Obama had promised that his administration would offer complete protection to whistle blowers. And yet, just a few months after assuming office, a leading Republican senator says that the president is breaking his pledge. Iowa Senator Charles E. Grassley recently sent a letter to the President that both questioned and condemned a signing statement that was attached to the $410 billion spending bill he affixed his signature to in March.

A signing statement is rarely used. It is a document that is attached to a bill that contains the President’s directive on how the new law is to be implemented. In the signing statement, the President flagged a provision that afforded protection to those officials who give information to Congress about their work or the functioning of their departments. The President said that his powers to restrict the flow of information to Congress could not be limited when such revelations are unlawful or the information is confidential.

Senator Grassley, in his letter has said that this statement was too broad and undefined and would discourage potential whistle blowers from bringing notice of fraud, waste or abuse of power before Congress.

A statement from the Government Accountability Project, a group that promotes whistle blowing, said the President’s statement was not clearly defined and could be interpreted in different ways. They called on the President to clarify what he meant.

A government official, responding to the debate, but asking that his name and designation not be revealed, said that he did not think that Mr. Obama’s statement has added any uncertainty to the existing policy and insisted that the President was committed to protecting whistle blowers. On being questioned about the types of cases where the President may use his powers to override the whistle blower protection laws, the official declined to discuss specific possible contingencies, but limited himself to saying that the administration would not exceed the actions previously taken by Presidents George W. Bush and Bill Clinton on this issue.

The official drew attention to a memorandum President Obama issued a few days previously wherein his signing statement policy was outlined. The memorandum says that Mr. Obama will employ legitimate interpretations of laws. The official said that the whistle blower signing statement was consistent with that position.

Senator Grassley referred to Mr. Obama’s campaign promise not to issue signing statements that would affect legislative intent. The Senator says that the President has now “gutted the legislative intent” of the whistle blower provisions.

The new President has taken a lot of different actions in his first 100 days. It remains to be seen how this move will affect whistleblowers long term.

Doctors And Drug Companies – Too Close For Comfort?

2009-04-13T10:51:00.000-04:00

The nexus between doctors and hospitals who prescribe brands of medication manufactured by companies they have links with, is well known. Often the links are above board and completely ethical. But there is always the chance of undue influence entering the field, as is seen from what has been revealed about the psychiatrists who wrote the latest guidelines on the treatment of depression, schizophrenia and bipolar disorder.

A study on the links between the American Psychiatric Association (APA) panels that write these guidelines for medication used in psychiatric treatment and the pharmaceutical companies reveals a potential for large scale conflicts of interests, biased research and recommendations that may favor the use of specific medication beyond needed levels.

Dr. Roy Perlis, who is a consultant on bipolar treatment guidelines, is associated with the Psychiatric Genetics unit at Massachusetts General Hospital. Dr. Perlis recently revealed that he has received speaker and consultancy fees from major drug companies. Dr. Perlis, while admitting to the payments, says that his association with the drug companies gives him access to the latest medical breakthroughs, which enable him to do his job better and does not conflict with his responsibilities.

Whatever the truth may be in Dr. Perlis’s case, the fact that doctors and drug companies have financial ties opens the door to a medical minefield. There is a growing backlash against such ties and eminent doctors and researchers are now pushing for a change in the system. Their argument is that, even if a medical guideline appears to be fair and advocates the best medical practices, any financial ties between the drug companies and those who created the guideline, opens up the question of bias. A full disclosure of the links between the writers of the guidelines and the drug companies must be made so that those who use the guidelines are aware of the potential of bias.

The pharmaceutical companies defend their use of medical specialists to help in their research and development work, and say that all such guidelines are subject to such extensive review that the chances of even any unwitting bias coming through are remote.

However, the fact that the authors of the bipolar and schizophrenia guidelines all have pre-existing relationships with the drug companies, as did 60% of the authors of the depression guidelines, raise a host of ethical issues that needs to be addressed.

The APA, according to news reports is now considering setting a limit on the income that committee members derive from drug companies. But will this be enough?

Weston Lawyers: Who Will Watch The Watchers?

2009-04-09T18:27:00.001-04:00

Another day and another sad story. We opened the papers recently only to see another sad story, fortunately, this one didn’t end in tragedy. Reports alleged that a police car took a shortcut through a gas station in order to avoid a red light. In the process, the officer struck a child with the patrol car. The child was taken to the hospital for observation but thankfully didn’t sustain serious injuries.

While this story did not end in tragedy, the questions of police culpability and responsibility comes to the forefront once again. If the police car was indeed taking a short cut to avoid the traffic light, the officer at the wheel acted irresponsibly and in fact, broke the law. But will the police department take any serious action against one of their own? We are sure there will be internal investigations, etc., but the question remains – who is watching the watchers?

With 24 hour a day news stations we become witnesses to high speed chases and at times, brutality by the police on the individuals they are arresting. While it is true that they have a tendency to protect their own and band together to support their “brothers”, misconduct needs to be reported and the perpetrator held accountable.

Perhaps it’s a natural reaction – after all the police are easy whipping boys and scapegoats when they have done nothing wrong. The key is balance in the approach. They, like all others accused of misconduct (or a crime for that matter) are innocent until proven guilty. In most cases of police misconduct or criminal behavior, the only reason that the story sees the light of day is because someone mustered the courage to speak out.

What will happen in this particular incident? Of course it is not a major accident (although it could have ended in tragedy). Will the matter be placed in a “cold case file” and be forgotten? Or will the police investigate what really happened? And if they investigate, will they do a proper job or work towards a cover up? This is such a minor incident that the news channels and papers will probably drop it as being of no continuing interest.

The road to preventing such problems is the future is, once again, accountability. It is the key to keeping tabs on those who are keeping tabs on us. It’s true that we need these protectors in our society and it is imperative that we be defended by them. But every once in a while we may need to be defended from them. Either way, we will be safer and better because of it.

Weston Lawyers - What To Do Now That You Have Blown The Whistle

2009-04-07T14:04:00.000-04:00

For many whistleblowers there is a feeling of relief once they reveal the illegal and unethical behavior which they have observed. But that is often short lived. This is only the first step. Often, after they don’t know what to do next. One thing is clear – the whistleblowers life will never be the same. While there isn’t a step by step formula of how to act once you have blow the whistle, there are a few things to keep in mind.

The first thing is to remember is that you have done your duty as you saw fit, and you have nothing to feel guilty about. While others can try and manipulate you or make you feel like you have made the wrong decision, no one can openly punish you for having blown the whistle.

Second, don’t lose your dignity. You have done what is right. That does not mean that you act as though you are superior to your colleagues who kept quiet and did not blow the whistle. In their minds, they had good reasons for keeping quiet.

Third, it’s likely that management will not be happy with you for what you have done. Now that is a surprise, isn’t it? Just accept it and keep your emotions in check. Often they will attempt to provoke you so as to weaken your case and strengthen theirs! This goes for your coworkers too. Accept criticism and unhappiness from them with patience. When the subject of your whistle blowing comes up and you are attacked for the way it has hurt the organization-don’t react.

Fourth, be prepared for indirect retaliation. While there are laws to protect you from unfair treatment after you have blown the whistle, management may still make you pay the price. For example, they could try and transfer you to a remote location away from everyone you know. They won’t do this right away but possibly in the near future.

If the situation becomes too unbearable you might need to look for another job. Before you take this step, seek advice from your legal counsel. You might find it difficult to get another job since you have now been labeled a “whistleblower”. That is what happened to Sherron Watkins who is the woman that first blew the lid off of the problems at the now infamous Enron. Companies that are engaged in questionable activity are naturally resistant in hiring someone who has “spoken out” in the past. But take heart; there are those organizations that are looking for people with leadership traits such as honesty, truth and determination

Whatever you do, don’t lose hope. Life won’t be easy after you blow the whistle, but tapping into the same courage that it took to bring everything into the open will also see you through the rest of the journey.

NOT ALL WHISTLEBLOWERS ARE THE SAME

2009-04-04T10:29:00.001-04:00

The dictionary defines a whistleblower as, “a person who informs on another or makes public disclosure of corruption or wrongdoing”. While the definition gives us a cursory explanation of the whistleblower, it's important to understand the type of whistleblowers so that we can narrow the parameters and understand the topic more thoroughly.

From a legal perspective they're actually two types of whistleblowers. The first is what is known as Qui Tam. The Qui Tam whistleblower files under the Federal False Claims Act (FFCA) which focuses on defrauding the government or making false claims for profit.

The second type of whistleblower is known as an OSHA whistleblower. This type falls under different laws administered by the Occupational Safety and Health Administration (OSHA) Office and is usually aimed unsafe practices that put employees at risk and which could endanger the public.

Whistleblowing can also take on different forms such as:

Internal Whistleblowing. This happens when the whistleblower decided to act within the confines of the organization. He goes over the head of those doing the wrong doing and reports his findings / suspicions to the superiors. This is most common in cases of corporate whistleblowing when the actions are hurting the company, more than the general public. It is most likely that the management will take action to protect the interests of the company..
External Whistleblowing. This occurs when the whistleblower takes his concerns outside the organization and brings them to the notice of regulatory authorities, public interest groups and the general public. This is most common when the malpractice is being done by the government or a large corporation and affects the public.

There are also at least four distinct types of people who become whistleblowers.

The Current Whistleblower is someone who blows the whistle on his current employer or organization.
The Alumni Whistleblower is a former employee who upon leaving an organization, feels he is duty bound to report what he has seen happening there.
The Open Whistleblower makes no attempt to conceal his identity and is not scared of revealing it.
The Anonymous Whistleblower acts without revealing his identity. This could be either out of fear of retaliation, social pressure or because he does wants to continue to build his case against the company or organization.

Whatever the category or whatever the type, whistleblowers are important for both accountability and safety. And regardless of the type, every whistleblower has one thing in common-courage.

Weston Lawyers: The Risks Of Whistleblowing

2009-04-02T10:01:00.000-04:00

Whistleblowing is often characterized by those who don’t know any better as “childish” “immature” and “telling tales out of school.” It is often viewed by others (especially the perpetrators!) as the weak response to a situation – the person is not able to rectify the problem and so goes and tells everyone about it. Nothing is further from the truth.

A whistle blower is a person of courage, who stands up for his or her convictions and principles. Some whistleblowers know the cost of taking action and yet still have the courage to stand up for what’s right. Others aren’t always aware of the price they will pay for “not keeping silent”.

Fortunately today, there is a lot of legal protection for the whistleblower. Any open punishment given to him or her for their actions is illegal and invites more action against the organization. But there are other consequences that the whistleblower may face. And in some ways, this backlash is more difficult than the lawsuit itself.

Here are some of the challenges whistleblowers may face:

Every company / organization has its secrets – many justified. But the management may not trust someone who blew the whistle once, fearing it may happen again
Promotion prospects can be affected. Nothing will be done openly, but job performance will be found to be “sub standard” and thus good reason to keep the whistleblower in their current position.
Transfers to a more difficult shift, location or even, job.
If the whistleblower is a department head – he/she may find their budgets cut and then held accountable for subpar performance.
Counter allegations again the whistleblower are a common way of shifting the focus from the wrong doings.
Contracts may not be renewed
The whistleblower may face social ostracism from co workers who are upset at their work environment being disturbed. This could reach the extent of sabotaging the work and the whistleblower in an attempt to make him or her look bad and force him or her, out of the organization

Whistleblowing is a tough decision. Seeking wise advice and solid legal council will go a long way in helping a whistleblower to determine how to proceed. Whistleblowers are people of honor who deserve the respect and support of their colleagues and the public for what they have done.

Why Whistleblowers Are Important

2009-03-31T09:55:00.000-04:00

Why Whistleblowers Are Important

Security is a blanket term for hiding just about everything. We talked a lot about security prior to September 11, 2001. On September 12, security national, personal and otherwise became vitally important.

There is no doubt that the world we're living in is getting increasingly dangerous. Anyone who says otherwise is out of touch with reality and doesn't understand the real world. The need for security and confidentiality cannot be over emphasized. Security is one of the key weapons that is necessary for us to defend ourselves against the forces that would harm us.

But, and this is a really big but, the need for security can be misused to cover up actions that are illegal or unethical. It’s easy to hide an illegal wiretap on the grounds that national security demanded it. Or for a pharmaceutical company to change the formulation of some of their medicines (to cut costs) without FDA approval on the grounds that it is a matter of company survival and job preservation.

It’s impossible to have the necessary oversight on the actions taken by companies or the federal government. But the heightened need for security and confidentiality at all levels, from the government to the large corporation, to the local business, makes it easy to hide that which is illegal, immoral and unethical. Allowing these actions to go unchecked is inviting disaster.

One of the best methods of protection against the misuse of the power to conceal is the whistleblower. Why? The legitimate whistleblower knows when power is being misused and truth is being concealed. As a part of the system, the he or she knows how it and works and is familiar with the players.

Whistleblowers possess a unique perspective – one that no one else has. And no one is in a better position to expose wrong doing than they are. People who have the courage to stand up against corporate and governmental greed are more necessary today than at any other time in our history. It is important that we continue to enact laws that will protect them because their actions, in the end, protect all of us.

Keeping Them Honest - What Corporations Don't Want You To Know!

2009-03-27T05:27:00.000-04:00

The whistleblower laws are on the books to protect those who speak out against their company when something is wrong. It sounds rather simple, but it isn’t. And there is one over arching reason; big corporations are more familiar with the laws than anyone else! They become skilled walking the tightrope of the law and thus adept at manipulating and intimidating the employees in order to keep them from talking. Following are some things that corporations don’t want you to know. They don’t want you to know...

…That you have rights

…The law is on your side

…That one lawsuit could virtually put them out of business

…That the courts will favor the victim over the large corporation

…That the media will side with the whistleblower rather than the company

…That the negative press the company will receive could be equal or greater than a financial settlement they will be forced to pay.

The bottom line? The dirty secret that is known by much of the upper echelon in a corporation is that manipulating and silencing a whistleblower is far easier (and cheaper!) than going to court. That is why there is often an orchestrated effort to silence an employee who might be seeking such legal remedy. What then is your best protection?

First, don't succumb to intimidation. It is easy when you feel threatened to bow to the pressure that others might be putting on you. Don't do it!

Second know the law-know your rights. This is where seeking wise legal counsel enters the picture. Find a good whistleblower attorney that can guide you through the process and educate you as to whether or not you have a legitimate case. Most attorneys will give you an initial, complimentary consultation to determine whether or your case falls within the purview of the whistleblower laws.

Third, keep a log, diary or journal of each incident in which you think wrongdoing has occurred. Documentation is an important first step in building a legitimate case against an employer who is violating the law.

Fourth, do your best work. If you are still employed, it is vital that you continue to put forth your best effort while keeping yourself out of as much trouble as possible. As we said earlier you will be pressured but just stay the course. Doing the right thing isn’t always the easy way but it is certainly the best way. By taking action, you could potentially make a difference in the lives of many others because you cared enough to speak out.

What To Do When Your Business Is Breaking The Rules...

2009-03-25T11:07:00.000-04:00

We don’t live in a perfect world. All around us people are cutting corners and taking shortcuts in an effort to make life easier for themselves. It seems to be human nature these days to take the “easy road”. You may have done it yourself from time to time. And while most of us wouldn’t like our “mistakes” pointed out to us, when is it right to point out the mistakes of others? For that matter, when is the right time to point out the mistakes of the company for which you are working?

I wish there was a clear cut answer to this, but there isn’t! When is reporting something legitimate whistle blowing? And when is it being a “sneak” and just “telling tales out of school?” You need to decide for yourself as to whether, the secret actions of the company for which you work are hurting others or breaking the law in any way. If so, you have an obligation and yes, a duty to report it.

Most companies today, have a clear cut whistleblowing policy. There is usually a well defined system of reporting malpractices that offer the whistleblower protection. If your business has a whistle blowing policy in place, follow it down to the last detail. There are two reasons for this.

First, part of the company’s defense will be that you didn’t follow their policy. That could determine effect the integrity of the case. Their legal team will be looking for mistakes that you have made. And if you made mistakes, it gives them leverage with which to defend themselves.

Second, it is important that you follow their policy because things will get tough. One issue that all whistleblowers face is the fact that they will pay a price for THEIR action. The whistleblower often faces pressure from both coworkers and management. Following the company policy (assuming they have one!) will allow you to keep your focus and make you less likely to succumb to manipulation.

By following the company policy you are protecting your self from any allegations that you are lying or acted out of personal prejudice because the matter will be investigated before action is taken.

If your company does not have a clearly defined whistle blowing policy, and there is something that you need to report, subtly gather as much information about the activity as you can. Make sure that what you are going to say is based on fact and is not influenced by and personal biases. Once you are sure of yourself and your facts, take up the matter with the top management.

If it is the top management itself that is indulging in the misdeeds, seek legal representation. It will not only make a difference to you but also to many potential victims in the future.

What Is A Whistleblower Anyway?

2009-03-21T16:01:00.000-04:00

Every day, people all over the country see wrongdoing being perpetrated in their workplaces. It could be anything from fudging accounts, to activities that may place the health and safety of others in jeopardy. It could be a violation of a safety code, the dumping of hazardous waste, selling contaminated products to customers or a myriad of other things

Most people prefer to “just let it go” and opt for not saying or doing anything about the misconduct they see. They “do not want to get involved.” However, luckily for the rest of us, there are those brave souls who chose not to “just let it go”. They choose to take a stand in order to make a difference and put an end to unethical and illegal behavior.

Legal, federal and state government definitions of a whistleblower are different in many respects. But what they all have in common is that they define a whistleblower as being someone who uses his constitutional right to free speech to expose to public view, directly or indirectly, abuses of power and illegal, unethical and immoral activities that are being conducted by an organization, business or Federal or State government agency.

Whistle blowing can take the following forms:

Reporting or otherwise bringing to the notice of the appropriate authorities (such as top management, government agencies or inspection agencies) any violation of laws or rules or any form of wrongdoing or unethical action
A refusal to participate in wrongdoing or malpractice being done in the workplace
Providing evidence of wrongdoing, or revealing the location of such evidence, to any authorized judicial body or government agency
Providing evidence of wrongdoing or malpractice to the media for the purpose of warning the public about such activities

Whistle blowing can be either, for ongoing activities or for those done in the past.

While many countries have recognized the need to provide protection to the whistleblower, the fact remains that whistleblowing can be a stressful and even frightening experience. Uncertainty about future employment prospects in the company is the first issue that arises. Then, there is the problem of attitude of fellow workers who may have suffered because of action taken against the company that arose out of the whistleblowing. There are even cases where the employer takes legal action against the whistleblower in an attempt to cover up or divert focus from their misconduct!

Whistleblowers are people of courage who stand by their convictions and care about the good of the society in which they live.

On Being A Go-Giver and not just a Go Getter!

2009-03-18T05:45:00.000-04:00

It started more than 20 years ago. I remember the first Rotary meeting that I ever attended with my dad as a young teenager. I was astonished at the caliber of people that were there and the extent of their involvement. These, like my dad, were busy professionals dedicated to their careers. But something was different about them. It was their passion to give back. It was both challenging and life changing. Several years later, I got my chance to make a difference. After visiting numerous Rotary Clubs in the South Florida community, I stumbled on the Rotary Club of Weston (http://www.westonrotary.org/ ). I knew instantly that was the club for me. That is where I met my good friend and current partner, Michael Freedland. Several years later each of us served as President of the club.

Rotary International is a great organization. Its mission according to the website, http://www.rotary.org/ states. “Rotary is an organization of business and professional leaders united worldwide who provide humanitarian service, encourage high ethical standards in all vocations, and help build goodwill and peace in the world. In 168 countries worldwide, approximately 1.2 million Rotarians belong to more than 32,000 Rotary clubs...The main objective of Rotary is service in the community, in the workplace, and throughout the world. Rotarians develop community service projects that address many of today’s most critical issues, such as children at risk, poverty and hunger, the environment, illiteracy and violence. They also support programs for youth, educational opportunities and international exchanges for students, teachers and other professionals and vocational and career development. The Rotary motto is “Service above Self.”

Giving back through organizations like Rotary creates unmatched moments of fulfillment like the smile on the face of a deserving scholarship recipient or the thankful look from someone who will have another meal because of all of us working together. The winning of large legal cases pales in significance next to the difference that we are making around the world through Rotary. That is why our firm is proud to be the title sponsor for the 21st Annual Rotary Club of Weston Golf Tournament to be held on Monday April 20, 2009 at the Weston Hills Country Club. For more information on other sponsorship opportunities or to participate call (943) 467-6400 or visit http://www.westonrotary.org/ for further information. Start being a go-giver today, you’ll be glad you did.

The Anatomy of a Billion Dollar Case

2009-03-16T14:06:00.000-04:00

A Billion Dollars. Just how much is that you might ask? A billion is a thousand million. To place it in a better perspective, a billion seconds ago, it was the year 1959 and humans first learned to write about 252 billion seconds ago. A billion minutes ago, Jesus Christ walked the planet and a billion hours ago our ancestors were living in the Stone Age! There’s no doubt about it, a billion is a lot any way you look at it.

So what about a billion dollar lawsuit? What really happened? Was it necessary? Was it really worth it? The answer to the last two questions is a resounding yes! When you think about this mind boggling legal settlement here are a few things to consider.

The suit lasted almost six years. As far as we can tell there were over fifty (50) lawyers, staff members, consultants and others involved in the case. More than that think about what our clients went through! Six well qualified and highly trained pharmaceutical representatives who had dedicated the bulk of their professional careers to the development and distribution of drugs and medication armed to help people get well. Not only were they ordered to compromise their ethics, they were asked to perform acts they knew were illegal and downright criminal. All in the name of the almighty dollar! When these upstanding and moral citizens refused to do as ordered, they were promptly dismissed from their jobs, after years of loyal service to their industry and company.

To say this is unfair is an understatement. Thankfully, the federal and state whistle blower laws have provisions to protect those individuals brave enough to stand up and fight the greed and corruption of “big pharma.” Unfortunately, for our clients, it was too late to protect their jobs. However, for their acts of good moral conscious, the federal whistle blower statute did provide some vindication. Their decision to fight back has also paved the way for many other victims who might have decided to remain silent had they thought the law wasn’t on their side.As you can see, yes it was necessary and yes it was worth it. The world needs more courageous people like these six who will take a stand when truth hangs in the balance

Before You Blow The Whistle...

2009-03-13T14:02:00.000-04:00

By now, most readers know that our firm represented six whistleblowers who were awarded over a billion dollars in settlement monies. Since that time, we have received many calls from potential victims, as well as other attorney’s inquiring as to whether or not they have a legitimate case. Before you say I do to either becoming a whistleblower or representing one, there are a few things to think about.

First, let’s look at the legal definition of a whistleblower. A whistleblower is any employee or former employee that discloses wrongdoings within an organization that is evidence of fraud, illegal activities, corruption, gross waste, gross mismanagement and abuse of power or represents substantial and specific danger to public health or safety. There are several different types of whistleblowers too. One type, Qui Tam files under the Federal False Claims Act (FFCA) while the other type files under the Occupational Safety and Health Administration (OSHA). Only an attorney experienced in this area of the law can let you know what type of case you have.

Additionally, before you file it is important to ask yourself several questions. First, can the allegations be proven? This must be paramount since unsubstantiated accusations which cannot be proven can stall a case before it ever gets going. Second, ask yourself if the alleged wrongdoing is substantial enough to warrant the time, risks and costs. This is another important criterion when evaluating the validity of a potential case. Whistleblower cases can often take up to 10 years and can cost hundreds of thousands of dollars to litigate. Thus, it isn’t something one should enter into lightly. Third, assess possible impact the case may have on you or the client. Clients may pay a high emotional and mental price along with the loss of lifetime friends and the possibility of social isolation. Make sure you and your client are in the battle for the long haul.

I know it sounds as if we are discouraging individuals from coming forward or from moving ahead with their case. Nothing is further from the truth! We just know from experience that litigating these types of cases aren’t for the faint of heart. If you think you or your client might have a case but you want an expert opinion, let us know. We’ll be glad to help.

What Erin Brokovich Knew or How One Person Can Make a Difference.

2009-03-11T15:16:00.000-04:00

Doubtless most people remember Julia Roberts in the movie Erin Brokovich. It was the story of how one woman, a legal assistant, worked with her law firm to win a $333 million dollar settlement in 1996 against Pacific Gas & Electric. It was the largest settlement ever paid in a direct lawsuit up to that point. Her story is an epic one of David verses Goliath. Her perseverance and tenacity showed all of us how one person can make a difference.

We are often asked, “Why do you do what you do”? It’s a good question considering that we attorneys are often ranked right up there with the Internal Revenue Service agent in the popularity polls (I think we are beaten out these days only by the investment broker!). In addition, attorneys are often criticized for the seemingly large amounts of settlement monies that they are paid as a result of class action lawsuits or personal injury cases. That’s one of the reasons why we decided to start this blog. We want to educate our readers, the general public as well as, tell our story and the stories of so many others who, against all odds, slew the giant. Yes, no doubt, there are egregious abuses in the legal process (as well as in every other profession and industry), however, you need only direct yourself to the “case facts” section of our website (http://www.westonlawyers.com/CaseFacts.html) as a starting point to get a glimpse of some of the real stories behind the negative publicity of some high profile cases such as the McDonalds “Scalding Coffee” case. There you will find the nuts and bolts of the case that maybe weren’t sexy enough to report. If one wants to be truly educated and informed, one certainly needs to get “all” the facts reported to them accurately. Additionally, along the way, we will seek to offer insider secrets to those victims who think they have a case and advice to the attorneys who represent them.

If you would have told us ten years ago that we would be the first firm to win over a one billion dollar whistleblower settlement, we would have thought that suggestion to be the height of absurdity. But it really did happen and we learned a whole lot along the way! This blog is about what we learned in the process of that case and what we continue to learn every day. We also want to hear from you. Feel free to leave your comments (good or bad) or ask a question. We can also learn a whole lot from each other. We are honored that you have chosen to join us on this journey. Together, like Erin Brokovich, we can all make a difference.

How It All Began..."Weston Law Firm Freedland Russo Spearheads Record-Setting Whistleblower Case Against Pharmaceutical Giant Eli Lilly"

2009-03-09T13:37:00.001-04:00

Firm clients to share in millions of dollars of recovery money

Weston, FL—(January 15)—The Weston-based law firm of Freedland Russo publicly revealed that it was the law firm that initiated the nation’s largest federal whistleblower case to date, which was unsealed in Philadelphia on Thursday, January 15. As part of a settlement with the U.S. Attorney’s Office, Eli Lilly & Company will pay out $1.4 billion dollars in civil and criminal fines related to its illegal and fraudulent marketing of the highly profitable prescription drug Zyprexa, said firm partner Michael Freedland.

In 2003, six former employees of Eli Lilly contacted a lawyer at the firm and exposed the fact that the company was heavily promoting a popular anti-psychotic medication called Zyprexa, for off-label uses, or uses not approved by the Food and Drug Administration. By law, doctors can prescribe drugs for off-label uses, but pharmaceutical companies are not allowed to market and promote such uses. According to the firm’s whistleblower lawsuit, Eli Lilly schemed to persuade doctors to prescribe Zyprexa to unruly nursing home patients to sedate them, knowing full well the drug was not FDA approved for that purpose. The lawsuit alleged Eli Lilly defrauded the federal government and state governments because Medicare and Medicaid routinely reimburse patients for Zyprexa. Zyprexa has produced billions in sales since it was approved in 1996, making it one of the top selling drugs worldwide according to published reports. Federal investigators found that 40% of all sales were attributed to off-label uses.

The “Whistleblower” statute, also known as the Civil False Claims Act, was put into effect to encourage people to come forward when they suspect their employer is defrauding the government. The statute allows them to remain anonymous while cooperating with authorities, and protects them from being harassed, demoted or terminated by their employer while an investigation is taking place. As an incentive to come forward, the law provides that whistleblowers can share in any money that is recovered in the lawsuit.

Freedland Russo’s former partner, Gary Farmer, along with two other Pennsylvania law firms, filed the original whistleblower case in the Eastern District of Pennsylvania in 2003. Subsequently, other whistleblowers filed separate lawsuits. Now, six years later, the seal has been lifted on the entire case and details were made public. As part of the settlement, Ely Lilly will pay out $800 million on the civil side and Freedland Russo clients will get paid from that recovery. Eighty million dollars alone will be paid from the federal share. Freedland Russo clients will also be paid on the states’ share of the recovery. In addition, Eli Lilly has pleaded guilty to one misdemeanor criminal count for violating the federal Food, Drug and Cosmetic Act between September 1999 and March 31, 2001, and for that, will pay a criminal fine of $615 million.

Freedland, whose firm represents clients in whistleblower, personal injury and wrongful death cases, said this case was about good old fashioned greed that robbed U.S. taxpayers and put fragile lives in jeopardy.

“Through a calculating marketing scheme, Eli Lilly defrauded Medicare and Medicaid to the tune of billions of dollars,” Freedland said. “In addition, the company had a willful disregard for vulnerable senior citizens by pushing drugs on them that they had no business taking.”

“We have laws and regulations in this country to protect the health and well being of our citizens,” said firm partner Russo. “When big companies like Eli Lilly choose to break those rules just to fatten up their bottom lines, they put lives at risk. Luckily there were people within the company who witnessed this travesty and had courage to step forward and put an end to it. They are true heroes.”