FDA DRUG RECALL: PROPOXYPHENE TAKEN OFF THE U.S. MARKET

Over 10,000 deaths have been reported after the use of  Darvon and Davrocet.

A recent study by the Food and Drug Administration revealed that Propoxyphene, a pain reliever sold as Darvon, Darvocet and generics, increases the risk for serious abnormal heart rhythms that could be deadly. Xandodyne Pharmaceuticals Inc., which makes the prescription pain medication Propoxyphene has taken the medication off of the U.S. market after the recent study.

The drug, which was first approved by the FDA in 1957, had received a handful of requests to be removed from the market since 1978. The FDA has finally concluded that the side effect risks outweigh any of the benefits.

Side Effects of Darvon:

·         Accidental Overdose

·         Suicide

·         Cardiac Emergency

·         Death

·         Lightheadedness

·         Dizziness

·         Sedation

·         Nausea

·         Vomiting

Generic drug developers are also terminating the sale of Propoxyphene from the U.S. market as part of a response to the new FDA study.

 “These new heart data significantly alter Propoxyphene’s risk-benefit profile,” John Jenkins, MD, director, Office of New Drugs, in the FDA’s Center for Drug Evaluation and Research, said in a press release. “The drug’s effectiveness in reducing pain is no longer enough to outweigh the drug’s serious potential heart risks."

The FDA recommends that doctor’s and other medical professionals stop prescribing and dispensing Propoxyphene-containing products. Propoxyphene is generally prescribed after dental surgery, such as wisdom teeth extractions.

We can help.

Hach & Rose is dedicated to protecting your rights and aggressively defending our clients against large drug companies who put their own interests ahead of those of their patients. If you or a loved one has suffered a heart attack, abnormal heart rhythms or other serious injuries after using Propoxyphene, contact an attorney at Hach & Rose immediately for an evaluation of your case.



Teamsters: Maximum Benefits Available to Drivers Injured through Course of Employment

The road to recovery from automobile accidents can often be long and agonizing. Thus, it is important to make sure that you are receiving all of the benefits that you are entitled to. Picking the proper attorney from the beginning can often be the deciding factor to receiving a maximum settlement. On the other hand, picking the wrong attorney may thwart your efforts from getting the recovery you and your family deserve.

If you are injured on the road, during the course of your employment, you may be entitled to increased benefits by completing both a Workers’ Compensation and No-Fault application for recovery.

Unfortunately, however, injured employees usually do not complete the No-Fault application in conjunction with Workers’ Compensation. It is paramount to understand the intricacies of both Workers’ Compensation and No-Fault and how these two sources of recovery intersect, especially if you are a member of a Teamsters Union.

 

  

Here is how it works:

If you are injured in an auto accident during the course of your employment, you must apply for Workers’ Compensation. Workers' compensation is intended to protect workers against the vicissitudes arising from injuries that occur during the course of employment.

The employee receives money (usually $500 per month) and medical benefits in exchange for losing the right to sue his or her employer. The employer benefits by receiving protection from litigation against them by the employee in exchange for accepting limited liability.

However, you are additionally entitled to recover via No-Fault Law. No-Fault was created to make sure that insurance companies would pay for car accident related medical expenses and lost earnings, not considering who was to blame. The purpose behind the law is to expedite compensation without the necessity of lengthy litigation over fault and amounts owed.

 No-Fault insurance policies provide for 80% payment of medical bills and 60% payment of lost wages up to a cap of $10,000.00, regardless of fault, for drivers, passengers and pedestrians. It is imperative not to delay the filing of a No Fault Application, as you have 30 days from the date of the auto accident to file the application.

By filling out both applications, a Truck Driver, for example, would be able to secure  maximum recovery benefits for Union Workers alike that have been injured during the course of employment. Many injured workers, especially union members, fail to take advantage of increased benefits. Make sure to contact an attorney at Hach & Rose, LLP if you have been injured on the road, during the course of your employment, in order to obtain maximum benefits.

HEALTHWATCH –Failure to recognize Labor Law claims costs members millions of dollars annually.

By Attorney & IUOE member Gregory Hach

In certain circumstances, although you cannot sue your employer in New York State, you may have a valuable negligence action in addition to your workers’ compensation claim when you are injured on the job. Too often, that claim goes uncompensated and the money that rightfully belongs to our injured brothers and sisters stays in the coffers of the insurance carriers.

We have put millions of dollars into the hands of members by educating them as to their specific rights. One of the biggest losses for members is the failure to recognize third party actions under the New York State Labor Law. On several occasions, we have successfully taken on cases that were improperly worked up by attorneys without a concentration in this area of the law or the previous attorneys outright rejected the member’s case because the claim went unrecognized.  Shockingly it is not uncommon that an attorney is retained by the member who does not determine that a negligence claim exists in addition to the workers’ compensation claim. We have established safeguards not only to protect the member against such failures to recognize third-party claims; but further commit to a rigorous investigation of the facts surrounding individual actions with excellent results.

I hear from members often about how they injured themselves on the job while performing various projects. Many have back injuries, fractures or other disabling ailments. If you are injured on the job, consult with an experienced negligence attorney – I invite you to call our firm at any time with any questions you may have under such circumstances. I’ve set out below instances which should trigger your contacting us for an evaluation of the facts surrounding your claim.

If you are injured on the job you are entitled to New York State Workers’ Compensation Benefits. BUT - If you injure an extremity such as an:

1) ARM,

2) LEG,

3) FINGER,

4) HAND or

5) suffer from scarring due to an injury;

You may be entitled to a lump sum settlement based on specific legal guidelines.

Additionally, you may have the right to pursue a negligence action or an action under the NEW YORK STATE LABOR LAW against a third party. The Labor law has special provisions for those injured on the job while performing repairs, painting, demolition, and various other tasks. There is no imposed limit on your financial recovery in such instances.

The LABOR LAW covers members who were working on:

1) LADDERS,

2) Scaffolds, or otherwise

3) Fell from heights whether they were working on

4) Cooling towers, or in

5) Ceilings and

6) THOSE INJURED DUE TO FALLING OBJECTS, or

7) Tripped or slipped due to materials left by contractors, or

8) Were not provided a “

safe place

to work.”

There are specific legal requirements based on the facts regarding such injuries that make it crucial for the injured member to contact an attorney that specializes in labor law claims. Although there is a three-year statute of limitations to bring one’s case under this area of the negligence law, it is important to act quickly when injured. Where liability rests on evidence which can easily be removed from the site of the accident it is important to take measures to preserve evidence for future use.

HACH & ROSE, LLP represents hundreds of IUOE members for various injuries and conditions and specializes in negligence claims and actions under the New York State Labor Law.

If you are injured, do not hesitate to call directly to (212) 779-0057 or toll free to (866) LAWS-USA (866-529-7872). Simply identify yourself as a member of the IUOE. All calls are confidential and as always there is no cost for consultation.

MOTOR VEHICLE MISHAPS & WHAT YOU NEED TO KNOW

By Attorney & IUOE member Greg Hach, Partner, Hach & Rose, LLP

If you or a member of your family has been in an automobile accident, there are a few things you should know before having to deal with the aftermath – injuries, rehabilitation, medical bills, lost wages, and insurance companies can be overwhelming. Hopefully, the accident resulted in property damage only and no one was seriously injured. But in the unfortunate, and all too common, circumstance that bodily injury was sustained, there are a few things that should be etched in your mind if you are ever faced with a serious automobile accident.

INSURANCE COMPANY REPRESENTATIVES:

Insurance companies and their representatives, whether it is your insurance company or the company of the other driver(s) involved in the accident, are concerned primarily with limiting their liability for any resulting injuries. Speaking to the victims immediately and requesting statements, whether written or oral, before you have a chance to consult an attorney limits their liability to you in a subsequent lawsuit. Some injuries are easily recognizable as serious from the outset, but others, although seemingly minimal in the days after the accident, progress into something far worse. In an effort to avoid paying a victim fair value on a claim, very often an insurance company will attempt to settle a claim before a victim has retained an attorney. 

For example, our firm recently won a verdict of $2.2 Million dollars for a man who did not feel the full effects of his injuries until a few months after his accident (another driver rear-ended him while at a stop light). The herniation in his neck required surgery a full 3 years after the accident. A nominal settlement offer at the outset of his case would have prevented a fair result four years post-accident when the full extent of his disability was realized.

The fact is, insurance companies will try to pin you down immediately into making a statement. They know that if they speak to you quickly it is less likely you had an opportunity to consult an attorney prior to their taking a statement that can be used against you at a later date. The best advice when in that situation is to take a number, and tell them you will call them back. In the meantime call an attorney. If you feel comfortable with us, give our office a call. If not, you should consult an attorney you are comfortable with – but you should do so prior to signing anything or making a statement.

Too often clients are railroaded into making statements or taking settlements from an insurance company immediately after the accident and think it’s no big deal because they feel okay. In more cases than not, if you have been in an accident, symptoms of back trouble could take days even weeks to manifest. It is in those circumstances that you need to be mindful of what you are signing or discussing with the insurance companies. When the insurance company calls, they often record the conversation ‘for quality control purposes’ when in actuality it is used for ‘reducing their liability to you’. Do yourself a favor and consult an attorney as quickly as possible after your motor vehicle accident.  

If you have a question about injuries sustained in a motor vehicle mishap feel free to give us a call at (212)779-0057 or e-mail us at info@hachroselaw.com.