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Would you like to turn over control of your health and viability – possibly your very longevity – to an understaffed, underfunded government bureaucracy?

Doesn’t appeal to you, does it?

The FDA (U.S. Food & Drug Administration), which if you think about it for a little while, has extraordinary power over your personal well-being – may gain even more dominance over your destiny.  The battle for world domination of your body will occur this fall in the august chambers of the U.S. Supreme Court.

The foundation of the legal fight is the Vermont Supreme Court decision in Levine v. Wyeth.

Diana Levine, a professional musician, was treated, in April 2000, for a severe migraine headache and nausea.  Staff at the Vermont Health Center injected her with Phenergan, a nausea medication. They used her arm to administer the injection and the outcome was very disastrous: she lost her right arm below the elbow, and left the hospital an amputee.

Levine sued Wyeth, which sells Phenergan, on the basis that the warning label on Phenergan – although it complied with FDA requirements – was inadequate.  Levine won a jury trial and was awarded about $6.8 million.

Wyeth appealed the decision because it wants to hide behind the FDA. The case went to the Vermont Supreme Court which ruled against Wyeth, saying, in essence, the drug manufacturer had a duty under state law to strengthen the warning label on the drug, regardless of the FDA’s confusing, and sometime conflicting, regulations on when, or if, warning labels should be revised.

The Politics of Pre-Emption

At the heart of the upcoming U.S. Supreme Court battle is the concept of pre-emption: that federal law pre-empts the right of victims such as Diana Levine to sue for the damages inflicted upon them in state courts.

The [supposed] logic is this: if the FDA has approved the drug, or medical device, and the label, then drug manufacturers need only to comply with the FDA’s requirements to be granted sweeping immunity against personal injury law suits filed in state court for damages based for failure to warn.  Or as the New York Times stated the drug companies are looking for  “a legal shield” against being held accountable.

Why is it that major corporations, and many of their Republican supporters, are always talking about accountability and responsibility, until it comes to them?

The whole thing is scary.

Here is an agency – the FDA – which is understaffed and not keeping up with technology – faced with the possibility of assuming even more control over our very being.   USA Today published a story – citing an independent panel review of the FDA – which revealed that the agency has about the same size staff as 15 years ago.  According to the article, Instead of being proactive, the agency (FDA) is often in “fire-fighting” mode.

If the U.S. Supreme Court rules in favor of Wyeth, upholding the pre-emption rule, it takes away one of the major legal remedies the average U.S. citizen has when events such as Diana Levine’s nightmare occurs.

And yes, politics, notably the Bush administration, is solidly evident. The Bush Administration has moved stealthily to prevent state common law claims.

In January 2006, the FDA adopted new regulations, the ultimate purpose was to torpedo efforts to allow personal injury claims to be heard by state court juries.

The FDA said “it is the expert federal public agency charged by Congress with insuring that drugs are safe and effective and that their labeling adequately informs users of the risks and benefits of the product and is truthful and not misleading.”   Translation: “if we say it won’t kill you, it won’t kill you.”

And since when is the FDA in the job of insuring anything?  These are the same folks who can even inspect imported food to make sure it is safe.

Take all the extremely technical legal argument out of this and there is still the factor of human error, of an understaffed agency monitoring an exponentially growing number of pharmaceutical products, and the potential for this agency to slam the door in a citizen’s face should a medical catastrophe occur.

In May, the Congressional Committee on Oversight and Government Reform held hearings on the pre-emption issue. Chairman, Rep. Henry Waxman, said in his statement, that if the pharmaceutical managers, the FDA and the Bush Administration have their way in court, “…one of the most powerful incentives for safety, the threat of liability, would vanish.”

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Most people are not familiar with the law. The average person’s knowledge of the law is more than likely limited to what they see on television or read in newspapers and books. When they do get involved with the criminal law system they do not know what to do, or how to handle the situation. Because of this, the need for information and assistance from criminal lawyers is crucial for those wh are about to get involved with the criminal law system.

The criminal law system can become a very intimidating and confusing process for everyone. Being prepared for the circumstances that may arise is a necessity for everyone.

There are lawyers for any type of conceivable legal problem. In most cases, a lawyer will represent you or try to find you guilty of charges. If you lose, you stand to face time in jail as well as a substantial amount of money. If you are facing criminal charges, or if you are investigation by law enforcement your legal situation is totally different. In a criminal trial, you can lose your freedom for a very long time. Criminal defense lawyers (although paid a fee) do not deal in money, but in your personal future, whether it involves loss of your freedom or loss of a professional license.

If you need the services of a criminal lawyer, you must make sure you find the right one for you. There are many advantages to this. First off, an experienced lawyer will more than likely command more respect from the prosecutor’s office and judge. A lawyer who has been involved with many trials may also be best at giving you advice on whether to go to trial or take a plea bargain. He or she will also be better at investigating your case, pre-trial motion work and obtaining an overall positive result for you. Make sure you find someone that will fight aggressively on your behalf. You cannot afford to lose your freedom just because you hired the wrong lawyer.

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If you are in need of locating a good attorney, one who specializes in family law, then you need someone who can look after your interests as well as the interests of your children. I have listed five options to help you find the attorney who is right for you.

1. Check with Friends, Family – People you know can be an excellent resource to help you locate a family law attorney. Somebody you know probably has been through a similar experience; their advice and support can be useful to you.

2. The Bar Association – A local or state bar association can be a wonderful resource as they will tell you which of their members specialize in Family Law. Get a hold of that list, contact the attorneys directly, and interview them. Typically, your first visit is free so that you can learn what the family law attorney will do for you, their fee structure, and much more.

3. Legal Aid Societies – Your state or county should have a legal aid society. If you find that the cost of retaining counsel is prohibitive, consider contacting your local chapter for help. Some will offer their services for free or “pro bono.” Some attorneys will charge you based on a sliding scale, taking into consideration your ability to repay. For parents with limited means, this can be a terrific option.

4. Research – Your library has legal directories featuring all kinds of legal professionals, while the internet is an excellent resource for accurate and up to date information. Forums, list servs, ads, and articles like the one you are reading now can be good sources to help you find attorney related information.

5. Check the Phone Book – One of the most popular places for attorneys to list their availability is with an old stand by: your phone book. Right smack dab in the yellow pages you will find scores of attorneys featured with all the of their contact information listed, including web sites.

Divorce certainly isn’t fun, in fact it is downright painful. Your children will suffer, but you can help ease the transition for them and you by finding an attorney who is compassionate and caring. For additional support and spiritual guidance, arrange a visit with your pastor today.

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Regardless of any or all precautions you take, an accident can happen to just about anyone, even to an injury lawyer. People neither choose to have an accident nor decide when and where it should occur.

An accident is both a painful and an expensive experience – the injury makes you suffer and the medical treatment costs quite a bit. A personal injury claim is a way to compensate many of your losses and its importance should not be understated. You can’t turn back the time but you can minimise the bad consequences of your injury.

Let’s Ask An Injury Lawyer

How can you handle a compensation claim if you are injured and the bureaucratic procedures are not considerate about your condition? A surefire solution is to ask a personal injury lawyer.

Their job is to make an injury claim in your name, and a case to win your accident compensation. They are professional and experienced and what is most important – you don’t pay anything for their services, regardless of your claim’s final result.

The injury lawyer’s service is based on a ‘No Win No Fee’ method. Which means if you lose your accident claim, the lawyer is responsible for such loss, i.e. you don’t pay them a penny. After all, why should you, if their job is to win your claim and don’t?

If your injury compensation claim succeeds, the lawyer recovers all their fees or bills (payments, costs of injury assessment, medical examinations, court fees, etc.) from the losing side or their insurance company and you should get 100% of your injury compensation.

It’s a very fair deal that the injury lawyer takes all the risk, so for you it’s safe and stress-free solution – it reassures you that the lawyer will do their best to win, as at the end of the day they want to get paid as well.

Choose Wisely!

You have a free right to decide if you want to make use of personal injury lawyer and it should be fully respected. Companies harassing and hassling injured people, asking them for their money, are no more than a relict of the shameful history.

If you feel that you need advice or help, you look for it, not otherwise. If you need an accident lawyer’s service, you call for it. If you have any questions and you are not sure about anything, look for a free assessment, without strings attached.

Why A Personal Injury Lawyer’s Service Is So Important?

Of course, you could try to handle your injury claim all by yourself, but let’s think about it for a moment. How solid is your knowledge of the laws concerning accidents and accident claims?

Do you know how to make all the necessary preparations?

Do you know how to avoid all the legal tricks, so you don’t fail because of some small detail?

And finally, can you do all of it and not forget anything as for being in an injured state, poor health and the case becomes personal and emotional?

If your answer for any of the questions above is ‘no’, then here’s another one: is there any reason to reject the services of experienced, professional personal injury lawyer if it improves your situation and costs you nothing?

An injury lawyer is there for you! They have all the necessary knowledge and skill to handle your compensation claim. The accident injury is a problem itself and it can be just a tip of the iceberg, but it doesn’t mean that you have to sink into trouble – a compensation claim can help you financially and an injury lawyer will do that for you.

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Since the first lemon law was passed in 1982, all fifty states have enacted some form of consumer protection for owners of defective automobiles. The laws vary greatly from state to state, but the premise is the same – people who buy new, defective vehicles are entitled to receive a replacement or a refund. This works well on paper, but in practice, the process can be rather time consuming and complicated. Some states have rather straightforward requirements for which vehicles qualify; others are far more complicated. Some states allow the owner to sue the manufacturer directly; others require that the owner submit to manufacturer or state sponsored arbitration procedures first.

Since lemon law claims are complicated and are not the sort of thing that most consumers handle more than once, there is some advantage to hiring an attorney to help. In many cases, hiring a lawyer isn’t necessary, as the system was designed to let the consumer handle the case without legal assistance. But there are many unexpected circumstances that can turn up in these cases, and most people could benefit from the help of an experienced attorney.

Here are some examples of how an attorney can help:

Speed up the process – Manufacturers are notorious for finding excuses not to pay on a claim. They may be more likely to be cooperative if the consumer has hired legal representation, especially if you have hired one with a proven record of success in lemon law cases.

Arbitration help – Arbitration programs tend to favor the manufacturer. They fund the programs, and many arbitrators are on their payroll, given them ample reason to rule against the consumer. While most states do not regard arbitration decisions as binding, many consumers who handle the cases themselves give up after losing an arbitration decision. The presence of an attorney can help.

Advice in a poor case – Some states require the consumer to pay the manufacturer’s legal costs in the event that the consumer should lose his or her case. These costs can run into the tens of thousands of dollars. If your case is a weak one, an experienced lawyer could save you this money by letting you know ahead of time that you shouldn’t pursue it in court.

In most states, consumers who win their cases are entitled to compensation for attorney’s fees. That being the case, there is a strong argument for at least discussing your defective automobile with a lawyer before you seek a refund or replacement for your defective vehicle.

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