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Murder in New York

Posted by on Dec 7, 2014 in Crime Law | 0 comments

They do say that nothing ever surprises a New Yorker: they’ve seen it all before. But that’s in ultra-urbanized New York City; surely it is different in Westchester, where good schools and golf courses abound. But it turns out that it is far from the idyllic place it appears to be.

Westchester is known to be the site for several of the more brutal and heinous murders in the state and at least two suspected serial killers have made it their home at one point. Current news indicates that violent murder continues to happen, many considered “intimate” crimes as they involve close family members. There was one involving a psychologist for the New York Police Department and a murder-suicide involving a family of 4, two of whom were children. However, even if murder is in the air, it doesn’t mean that everything is as it appears.

Murder is considered the most serious of crimes anywhere, and New York is a death penalty state, which means that if convicted, a person charged with murder may be getting a needle in the arm. Because this is the ultimate punishment, getting a murder conviction is very difficult. The jury must be convinced that the defendant was guilty “beyond a reasonable doubt.” According to the website of the Law Offices of Richard A. Portale, P.C., a Westchester criminal defense lawyer need only introduce an element of doubt in the minds of the jury and that can result in an acquittal or at least a hung jury.

But there are instances when the evidence is circumstantial but compelling enough, the defendant unprepossessing enough, or both, to convince a jury that a defendant is guilty. It is important that when you are facing murder charges, you find a lawyer that has wide experience in handling murder cases and knows exactly what to expect and prepare for.

The Basis for a Benicar Lawsuit

Posted by on Sep 18, 2014 in Pharmaceutical Issues | 0 comments

Benicar (Olmesartan Medoxomil) is antihypertensive medication developed by Japanese drug company Daiichi Sankyo and co-promoted in the US by Forest Laboratories which was approved for the US market in 2002 by the Food and Drug Administration (FDA). Olmesartan is part of a class of drugs known as angiotensin II receptor blockers (ARBs) or sartans, and has been uniquely and definitely linked as a causative factor in the development of condition known as sprue-like enteropathy, which mimics the symptoms of celiac disease.

Celiac disease (also known as celiac sprue) affects less than 1% of the US population and is characterized by the inability to properly digest gluten, a protein found in wheat and related grains. Over a period of time, symptoms of gastrointestinal (GI) disorder emerge including diarrhea, vomiting, and unintended weight loss which will eventually lead to permanent and irreversible damage to the small intestines called villous atrophy. The disorder is managed through a gluten-free diet.

Doctors were mystified when patients at the Mayo Clinic exhibited symptoms for celiac disease but were serologically negative for the disorder. They were put on a gluten-free diet but showed no improvement. However, when they were taken off Benicar, the symptoms stopped. The delayed action of Benicar contributed to the failure of doctors to immediately identify the drug as the causative factor. Findings for 22 patients were published in a 2012 issue of the journal Mayo Clinic Proceedings, calling the FDA’s attention to the problem. A review of Benicar was conducted and in July 2013, the FDA ordered the drug makers to include a warning of the risks of sprue-like enteropathy on the label.

The potential for harm from this negligence is quite extensive because it has been widely used since its introduction to the US market. More than 10 million prescriptions for Benicar were filled in 2012, many for long-time users to manage hypertension. A significant number of these patients who have suffered these mysterious symptoms are likely to file a Benicar lawsuit in the near future because they now have a reasonable idea of the cause of their injuries.

If you have suffered grievous injury from using Benicar, you may be eligible to get compensation. Consult with a competent dangerous drugs lawyer in your area to find out your legal rights and options.

Rosacea: What it is and How to Treat it

Posted by on Jul 21, 2014 in Beauty | 0 comments

It is entirely possible that W.C. Fields and Rudolf the red-nosed reindeer may have shared a common skin condition called rosacea. It commonly affects the areas of the nose and cheeks, and typically signaled by a tendency to blush or flush easily. So if you have not been a blushing bride for years, you could have rosacea.

Rosacea is a chronic skin condition that typically plagues 16 million adults in the US and is often mistaken for acne. It certainly flares at certain times just like acne, such as when the weather is hot, or there is a lot of stress. Rosacea manifests as small red bumps which may have cysts, pus, or eyes, and fine red lines in the skin.

It is not contagious, so most people just ignore it. In fact, a majority of the afflicted don’t even know they have the condition, which can be a problem later on. When it first starts out, it doesn’t look too bad, but the condition worsens if unmanaged and can be a source of embarrassment, especially if it affects the nose. A red, bulbous nose and puffy cheeks (rhinophyma)  can be mistaken as signs of the habitual drunk, which is not good in so many levels, although rosacea can be aggravated by alcohol intake or eating spicy food.

In some cases, rosacea can cause problems by irritating the tissue lining of the eyes, and some experience eyelid redness and photosensitivity. This is called ocurlar rosacea and when left untreated can damage the patient’s sight.

While there is no known cure for rosacea, it is easily managed and controlled to keep it from progressing. Intense pulsed light (IPL) technology is one of the recommended protocols for some types of rosacea, but it must be administered in a reputable Auburn medical spa under the supervision of qualified professionals so as not to make the condition worse.

V2V and V2I for Significantly Fewer Accidents on US Roads

Posted by on Feb 7, 2014 in Car Accidents | 0 comments

When SUVs were found to be more susceptible to rollover accidents, the Electronic Stability Control (ESC) was introduced by SUV manufacturers; this computer-based system was designed to detect skidding and the possibility of a rollover, and to automatically make the vehicle apply brakes to make sure that the driver does not lose vehicle control.

Last year, research and technology have helped giant car manufacturers to again come up with not one but two devices that will make driving much safer and U.S. roads more free more vehicular accidents, just as the National Highway Traffic Safety Administration (NHTSA) has and continues to envision.

These latest car technologies that are under tests are the Vehicle-to-Vehicle communication, or simply V2V and the V2I, which stands for “vehicle-to-infrastructure communication.” These devices, which the US government and car manufacturers are meticulously studying, are believed to reduce the number of road accidents by 81% (more than five million car accidents are recorded in the U.S. every year).

V2V, through the use of wireless signals, will enable cars to communicate with each, Information, such as other cars’ direction, speed and location, are provided by the device, allowing the driver to keep a safe distance from the other nearby or approaching vehicles, thus ensuring the avoidance of a possible collision.

The V2I, on the other hand, is designed to provide safety issues to the car and the driver by capturing information from traffic signals and road signs; it is also capable of abstracting information from the traffic management system on the best routes to take or information about the traffic.

The Requirement to Support Biological Children after Divorce

Posted by on Jan 30, 2014 in Family Law | 0 comments

Child support is always a tough issue that divorcing parents need to settle during their divorce process. All family law courts in the US consider the child’s best interest when dealing with child custody; child support is no exception. The BB Law Group PLLC, based in the Woodlands, Texas, states in an article posted on its website that child support agreements are designed in ways that will fully benefit the children affected by the divorce; the agreement, however, is made without compromising each of the spouse’s financial capabilities, needs and situations.

Child support is a monthly or regular financial payment, which the non-custodial parent, called the obligor, pays to the custodial parent (obligee) or the care-giver for the support of the child. This support payment is intended to cover the child’s basic needs, such as, food, clothing, shelter, education and health care. Child support is usually mandated by the court to the obligor until the child’s emancipation or 18th birthday; however, there can be instances when the court will require the obligor to continue providing financial assistance for the child’s future needs and activities, like college or advanced studies, vacation, camp activities and medical and/or dental needs.

The amount of financial support the non-custodial parent will be required pay will be decided by the court (if the spouses fail to arrive at an agreement) based on various factors, including the parent’s present income and their capability to pay, the needs of the child, the age and health of the spouses, the spouse’s professional opportunities and so forth. These factors are according to the stipulation of the Child Support Enforcement Act, a law that was passed in 1984 and which requires support of biological children.

If the amount of support was determined by the court, any intent to reduce or increase its amount should also be approved legally. Thus, any form of direct negotiation made by an obligor with the obligee to such effect, can result to contempt of court.

Family law issues, as stated in the website of Arenson & Maas, PLC in Cedar Rapids, are complicated and entail lots of complex legalities. Having a highly-qualified family law attorney can help couples address these legalities and arrive at a resolution that will be acceptable to both.

Two Factors that can Assure the Growth and Protection of Your Investment

Posted by on Jan 28, 2014 in Business and Employment, Personal Injury | 0 comments

There are various and many concerns that need to be addressed by those thinking of starting a business –business and legal concerns. These include the specific service you intend your business to provide, profit and future development, business contracts, employment, salary and benefits of employees, business/commercial insurance, company policies, state and federal permits, license to operate, taxes, workplace safety standards and so forth.

Despite the importance of everything mentioned above, the two major items that will definitely have much impact on your business’ continuity and growth are salary and benefits of employees and business/commercial insurance. While competitive salary and great benefits will allow you to hire highly qualified applicants and keep them, the second will provide the necessary financial coverage to your company in the event of damage to anything connected to your firm’s operation.

As Raleigh workplace injury is a common incidence in any office setting, no matter how much employers adhere to the workplace safety standards mandated by state and federal laws (sometimes due to the carelessness or negligence of employees themselves), it is important that employers include in the employees’ benefits the Workers’ Compensation Insurance, which was made into law in 1908. This benefit is aimed at providing fast and sure financial assistance to employees who get injured while performing their job. It covers cost of medical treatment, loss of earnings due to inability of the employee to report to work, period of rehabilitation and death.

Commercial insurance, on the other hand, is necessary due to unexpected disasters or accidents that damage business properties or interrupt business operations that greatly affect the firm’s capacity to earn profits. Commercial insurance claims vary, depending on the coverage applied for by the firm. And, with regard to coverage, there are different policies, offered by insurance providers, meant to cover business owners’ specific needs. Some of these policies include:

  • Standard Fire Insurance / Broad Named Peril Cover / Property All Risk Cover – which provides coverage of losses due to fire, lightning and so many other forms of damages
  • Business Interruption Insurance – coverage for loss of revenue or profit due to interruption of business operations because of damage to insured property (so long as the cause of damage to insured property is included in the list of covered peril)
  • Electronic Equipment Insurance (EEI) – while this policy is meant to cover data processing equipment, computers and all other electronic office equipment, it can also include coverage for business interruption

The effects of damage to business property can be extensive and serious, enough to reduce productivity and cause big losses in profit. After having invested time and money to keep your business running and competitive, it is just logical that you also make the necessary expenses which will provide protection to your investment.

Dog Bites or Dog Attack

Posted by on Jan 25, 2014 in Animal Attacks, Personal Injury | 0 comments

While there are over 10 million individuals and families who own dogs in America, there is also close to a million reported incidences of dog bites and dog attacks each year. Dog bites and attacks are usually suffered by children, aged between five and nine, and older adults above 60 years old. The worst cases, however, are bites on the head or neck suffered by children aged four or younger.

A million dog bites each year is undeniably an alarming number, considering the fact that dogs are considered man’s best friend. Due to this, the US Centers for Disease Control and Prevention (CDC) has never ceased in advocating programs that give dog owners deeper and wider understanding about their pets and the proper way of taking care of these. There are private groups too which share vital information about certain breeds of dogs that are ideal in homes where there are children. This is due to the fact that a great majority of children-victims are not strangers, but either sons or daughter of the dog owners, and that certain breeds of dogs are just more hostile than others.

Some dog owners, who lack the time to take their dogs to their much needed walk or exercise, resort to hiring the services of dog walkers, to make sure that their pet’s energy is not transformed into, seemingly harmless, but actually, injurious playful moves or attacks.

When dogs bite or attack, there’s no telling what the extent of the injury is going to be. Some injuries are minor, resulting only to shallow scratches; but there are injuries that are quite serious, causing damage to nerves, disfigurement and paralysis, lacerations, infections or broken bones – besides the trauma and excessive fear instilled by the experience in children.

No matter how domesticated an owner would claim his/her dog is, there is never an assurance that such pet will not end up biting or attacking anyone. And, according to an article on the website of Ravid & Associates, P.C., negligent owners whose dogs bite or attack anyone should not be allowed to go unpunished.

Use of and Withdrawal from Reglan – Both Medically Dangerous

Posted by on Jan 24, 2014 in Pharmaceutical Issues | 0 comments

When common medications fail to remedy vomiting sickness, heartburn (stomach pain or indigestion), gastroparesis and other gastrointestinal failures, doctors and other caregivers readily recommend Reglan, an oral drug approved by the FDA to treat post-surgery nausea, nausea due to chemotherapy, gastrointestinal disorders, and diabetic gastroparesis, which is a condition wherein the stomach fails to contract and empty.

Reglan, the brand name of metoclopramide, may be administered through injection or may be taken in liquid or pill form; it has been prescribed by doctors to patients since the late 1960s even for off-label use (not approved by the FDA), like morning sickness (experienced by pregnant women) and nausea and vomiting due to cluster headaches or migraine.

On February 26, 2009, manufacturers of Reglan were directed by the US Food and Drug Administration to display a Black Box warning (the most serious warning from the FDA which indicates the need to observe extra care if decision to take this drug is made) on the drug’s label. This is due to the proven connection of Reglan to the high risk of developing the neurological syndrome called tardive dyskinesia. This illness is characterized by repetitive, uncontrolled movements and its many symptoms include rapid movements of the trunk and extremities (arms and legs), rapid blinking of the eye, tongue protrusion, pursing and puckering lips, grimacing, and rapid finger movements that make the patient look like they are playing the piano or a guitar.

Tardive dyskinesia, sometimes, does not develop immediately, but over time, and the problem with those who develop this due to Reglan is that it usually persists indefinitely and does not cease even if use of the drug has long been stopped.

There are other reported Reglan side effects, such as convulsions or seizures, which are higher in epileptics using the drug, and symptoms linked to Parkinson’s disease. One serious complication caused by this drug is Neuroleptic Malignant Syndrome (NMS), which, in turn, causes unstable blood pressure, high fever, unconsciousness, muscular rigidity and even death. Despite the side-effects due to the use of the drug, immediate cessation of its use is never advisable also as this may result to other side effects.

It is a sad fact, as said in an article posted in the website of Habush Habush & Rottier S.C., that despite FDA monitoring, many harmful drugs still find their way into many stores. One major move Reglan users can resort to, in the hope of saving themselves from the dangers brought about by the drug, is complete cooperation and openness to their doctor about any symptoms of side-effects after starting to use it.

Don’t Drive Recklessly or Don’t Drive at All

Posted by on Jan 20, 2014 in Car Accidents, Personal Injury | 0 comments

To millions of Americans, car is the basic means of transportation regardless of their destination. U.S. laws, however, strictly prohibit driving unless the person behind the wheel has been issued a driver’s license by his/her state’s Department of Motor Vehicles (DMV), also called Department of Public Safety or Registry of Motor Vehicles in other states. Before anyone can be issued a driver’s license, though, there are certain requirements and tests that need to be taken and passed. Requirements may vary from one state to another, but these usually include getting a Driver’s Manual from the DMV, taking a vision test, a written exam (on the rules of driving) and a road test.

The Driver’s Manual contains the rules and regulations of driving plus various photos, illustrating the different rules. The various processes involved before earning a driver’s license are intended to make sure that the applicant knows and will apply the rules when he/she is granted the right to drive his/her own car.

Stricter observance of road safety rules is probably more necessary today than in the past due to the rapid increase in the number of motor vehicles on the road, the heavier traffic and the increased speed limits in some major roads and highways – all these, with the very high number of road accidents every year, are enough to make anyone sometimes feel that the road is no longer as safe as it was before.

Today’s faster, yet more vulnerable-to-damage cars make accidents more dangerous, as these can cause greater destruction to property and more severe injuries to victims. And while the slightest driver error is enough to cause a road accident, consider the possible disaster reckless driving can result to.

The most common acts of driver recklessness, as identified by the National Highway Traffic Safety Administration (NHTSA), are tail-gaiting, driving over or below the speed limit, driving while intoxicated, failure to use signal lights, failure to stop on stop signs or slow down when making turns, abrupt lane changes and so forth.

NHTSA study also shows that those most guilty of driving recklessly are individuals between 15 and 24 years old. Unless caught, temporarily barred from driving and corrected, these individuals will continue their reckless behavior on the road and, as the Chicago-based Disparti Law Group states on its website, continue putting others’ safety and lives at risk.

In the event of an accident, an injured victim has more than just injuries to worry about. Habush Habush & Rottier S.C., speak of unexpected financial burden due to costly medical treatment and loss of income due to inability to report for work.

The fact is, car accidents are preventable events; it merely requires responsible road behavior to be able to avoid any possibility of an accident. One important thing to consider is, if you cannot or choose not to do away with your reckless driving behavior, then never drive – it’s that simple.

The Fair Debt Collection Practices Act: Debtors’ Protection against Abusive Collectors

Posted by on Jan 17, 2014 in Finances | 0 comments

Debt is an undeniable difficult, unpleasant and stressful reality in the lives of millions of Americans today. There are many different causes for such; it could be unemployment, a sudden or severe sickness overspending, etc. Whatever the cause, though, there are certain facts, or legal facts, about debt and debt payment/collection  – that creditors have the right to demand and resort to various means to get payment, but all within what is allowed by the law, and that means without subjecting the debtor to shame, harassment or any acts of disrespect.

Birmingham’s Greenway Law, LLC, in an article posted on its website, states that debtors, despite their failure to pay creditors, cannot be harassed or treated with disrespect by loan collectors (common tactics to force debtors to start paying what they owe) and that debtors have the right to take legal action against collectors who treat them in such ways.

The specific ordinance that strictly illegalizes unfair, abusive, or deceptive practices employed by debt collectors is the Fair Debt Collection Practices Act (FDCPA), which is enforced by the Federal Trade Commission (FTC), the consumer protection agency in the US. A debt collector, as identified under the FDCPA, can be debt-collecting lawyers, collection agencies or any company that collects payment for the delinquent debts it has bought.

The debts covered in the FDCPA include household and family debts, besides personal. This means debts from credit card companies, mortgage, medical bills and car loan. Informing collectors, orally or in writing, not to contact you at work ought to be respected and observed by them. Besides this, collectors also ought not to get in touch with you at inconvenient times, such as beyond 9 in the evening or before 8 in the morning, as well as make false statements (to make you consider making payments), like claiming to be a government representative, a lawyer or a credit reporting company representative. They are also legally prohibited from saying that non-payment from you will result to you being arrested or that they’ll garnish your wages or seize your property if they have no court authorization to do so.

There are many other FDCPA stipulations that protect debtors from collectors’ harassing or oppressing tactics (including collection of payment for time-barred debts). Knowing what these are will enable you to protect yourself from the oppressive tactics employed by abusive collectors. Having a good lawyer to defend you may, sometimes, be necessary too, not only to make sure that collectors comply with your requests, but also to help you draw a plan and negotiate with you creditor on how you can actually pay your debts, so as not to end up having a bad credit.