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2012 October Archive

Marc Lipton Files Class Action Lawsuit on Behalf of Fungal Meningitis Victim in Federal Court

By Lipton Law on October 24, 2012 - No comments

The nationwide fungal meningitis outbreak caused by contaminated steroid injections continues to spread across the U.S. and in Michigan. On October 8, 2012, there were 21 cases of meningitis in the state, including two deaths. Sixteen days later, on October 24, 2012, there are now 68 cases, including five deaths from contaminated steroid injections in Michigan.

One of these cases is that of Brenda Bansale, who received a tainted steroid injection at Michigan Pain Specialists in Brighton, MI. Bansale received the steroid injection on August 28, 2012 and was hospitalized early this month after experiencing severe debilitating headaches. She is the first fungal meningitis victim to take legal action in Michigan against the pharmaceutical company. Her attorney, Marc Lipton, of Lipton Law in Southfield, filed the class action lawsuit in Detroit’s U.S. District Court against New England Compounding Center (NECC), the company responsible for the contaminated steroids.

The lawsuit calls for tougher regulations on NECC as well as aims to recover compensation for the people affected by the pharmaceutical company’s negligence. This is the third lawsuit to be filed against NECC, the first two being in Minnesota. Mr. Lipton expects that all lawsuits will eventually be consolidated into a multi-district case and filed in the most convenient location for all parties involved.

As reported by the Livingston Daily, Mr. Lipton stated that Bansale “was having additional symptoms, her physicians ordered her to the Hospital for additional tests.” She was readmitted to St. Joseph Mercy Ann Arbor on October 23, 2012.

If you or a loved one has contracted fungal meningitis as the result of contaminated steroid injections manufactured by NECC, Marc Lipton and the Michigan meningitis lawsuit attorneys at Lipton Law can help you obtain the compensation you deserve. To learn more, call us at (248) 557-1688.

 

When a Doctor Has Injured You, Getting Relief Can Be Painful

By Lipton Law on October 23, 2012 - No comments

One of the most comprehensive studies on medical errors, the Harvard Medical Practice Study found that of the patients injured while in the care of a physician, a large number of those injured (or who lost their lives) were due to medical misdiagnosis.

Southfield Medical Error AccidentIn other words, getting to a hospital or a doctor does not guarantee that your ailment will be properly diagnosed. When a proper diagnosis is not made, proper treatment is not administered. As a result, you may spend more time than you should in a hospital or under a doctor’s care, you may lose more time from work, you may end up paying more for your out-of-pocket medical expenses, you may be required to have lifetime medical support to manage the condition brought on by the medical malpractice, or even worse, death may be the result of the doctor’s negligence.

Under Michigan law, when medical malpractice is suspected, the patient and/or his or her loved ones may have a claim for compensatory damages. These claims must be properly presented and timely filed in order that the responsible party(ies) be held accountable for their negligence and for you to get the compensation you may be entitled to.

If you or a loved one has been injured or you have lost a loved one to the negligence or error(s) of a Michigan medical practitioner, due to his or her medical malpractice, the experienced medical malpractice lawyers at Lipton Law can help you get the justice you deserve. Call us at 1 (248) 557-1688 for a free consultation.

 

Detroit Insurance Claims When No One is Identified at Fault Can Be a Challenge

By Lipton Law on October 17, 2012 - No comments

Detroit Auto Accident ClaimAccording to The News-Herald, Detroit Lions defensive tackle Ndamukong Suh has been involved in 4 traffic incidents since he signed with the Lions in 2010. As a rookie, he was involved in an accident which was determined to have been caused by the other driver. In December, 2011, he was involved in another crash which is currently in litigation. Then in March, 2012, he was cited for driving 91 mph in a 55 mph zone.

On Thursday, October 11, 2012, Suh was involved in a traffic accident. According to the other driver, Suh’s vehicle sideswiped his vehicle without Suh stopping. Suh was not cited for the collision because, according to police, it could not be determined who was at fault, leaving the other driver to deal with the issue of fault and compensation for his damages.

Luckily, in the Thursday incident, no one appears to have been injured. Yet, what do you do when you are injured in a Detroit traffic accident, the police do not cite the other driver (who might be at fault for the accident), and you still have to repair your vehicle and mend your injuries? Sometimes, unfortunately, once your insurance claim is filed, you will need to do battle with the insurance company to receive just compensation for your damages and injuries.

If you or a loved one has been injured in a Michigan car accident, and are dealing with insurance companies who are delaying or denying your claim, let the knowledgeable, experienced and dedicated Detroit car insurance claims lawyers at Lipton Law help. Call us at (248) 557-1688 for a free consultation.

 

Paying Insurance Premiums for MI Car Accident Coverage Doesn’t Always Guarantee Compensation

By Lipton Law on October 15, 2012 - No comments

You pay insurance premiums in order to protect yourself against the financial destruction which may be inflicted on you in the event of an accident which damages or destroys your home or business, or when you or a loved one is injured or killed in an accident. You expect that when required, your insurance carrier will not treat you in “bad faith” by delaying or denying your valid claims. In Michigan, that is exactly what you may face without a skilled legal representative to help you.

Southfield Insurance Claim DenialIn 2009, the Michigan Court of Appeals, in Johnson v. Wausau, ruled that even when an insurance carrier has lied to you that your claim was not covered by your policy, you had no cause of action (no right to sue) for fraud because you could and should have consulted with an attorney to confirm the accuracy of the statement made by your carrier. Even though legislative attempts to correct this injustice were begun in 2009 (specifically the introduction of Bill 4244), to date, no law exists which curbs these types of insurance bad faith.

If you or a loved one has been a victim of a delay or denial of an insurance claim, that delay or denial may have been in bad faith. The insurance company has all the money to continue to delay and deny your claim. Let the experienced insurance bad faith lawyers at Lipton Law even the playing field and get you the recovery and compensation you may be entitled to. Call us at (248) 557-1688 for a free consultation.

 

Doctors Take an Oath to Do No Harm, but as They Rarely Disclose Medical Malpractice, How Would You Know?

By Lipton Law on October 11, 2012 - No comments

Royal Oak Medical Malpractice StudyMost everyone knows that a doctor takes an oath to “do no harm”. Implicit in that oath one would think that the obligations of the medical profession require that the doctor inform the patient, or his/her family, of any negligence resulting in injury or death to the patient. In reality, in only a very small percentage of cases do doctors admit their medical malpractice.

In a 2006 survey, conducted by the Agency for Healthcare Research and Quality (AHRQ), it was discovered that many doctors would not disclose a medical error causing injury or death to their patients/next of kin. Surgeons were more likely not to disclose errors made on the operating table than other medical practitioners.

In other words, if you or a loved one has been injured while seeking medical treatment or you have lost a loved one in the care of a doctor, medical malpractice may be at the root of the tragedy. Relying on the doctor to answer your questions regarding the cause of the injury or death, may be futile. If you suspect medical negligence, you may want to contact a skilled lawyer with experience handling these types of cases.

The knowledgeable and compassionate Royal Oak medical malpractice lawyers at Lipton Law can help you get the answers you need so that you can seek compensation from negligent parties. Call us at (248) 557-1688 for a free consultation.

 

2 Dead in Michigan, 105 Infected across Nation from Meningitis-Contaminated Steroid Injections

By Lipton Law on October 8, 2012 - No comments

Two people have died in Michigan from meningitis infections caused by infected steroid injections produced by the New England Compounding Center (NECC). According to a USA Today report, a total of 105 patients across the United States have been infected with fungal meningitis, with eight dying from their illnesses.

Meningitis OutbreakThe drug, a steroid injected directly into the spine known as methylprednisolone acetate, is used to treat pain and inflammation. Currently, 105 people have been reported as contracting fungal meningitis due to receiving injections that were contaminated with the infection. Eight people have died due to the illness, two of which were residents of Michigan. A total of 76 medical facilities spread across 23 states received contaminated injections and the infections have been reported in a total of nine states. Visit www.cdc.gov/hai/outbreaks/meningitis-facilities-map.html for a complete list of facilities that received the products.

The facilities in Michigan that received the contaminated drug include: the Michigan Neurological Institute, the Michigan Pain Specialists, the Neuromuscular & Rehabilitation, and the Southeast Michigan Surgical Hospital.

Meningitis is an infection-caused inflammation of the membrane covering the spinal cord and brain. If it is not properly and quickly diagnosed, it can easily progress to becoming fatal.

NECC has voluntarily surrendered its license to operate while the U.S. Food and Drug Administration (FDA) investigates the circumstances of the contamination. The pharmacy has also recalled not only its steroids, but all products in case of further contaminations. The FDA has told all consumers and medical professionals to cease using NECC products and for anyone who received an injection on or after July 1 and experienced meningitis symptoms to immediately visit a doctor.

If you or a loved one has suffered an injury or illness due to a dangerous product, the Michigan recalled product lawyers at Lipton Law can aid you in holding at-fault companies responsible and finding compensation needed to recover from injuries and financial losses. Call (248) 557-1688 for a free consultation on your case.

 

Highway Safety Grants May Reduce Traffic Fatalities

By Lipton Law on October 8, 2012 - No comments

In 2005, the Federal government allocated $244.1 billion to fund state investment needed to maintain and grow our transportation infrastructure. Education of the public and enhanced law enforcement involvement is part of the transportation infrastructure funded by the money allocated by Congress.

Michigan Defective Road CrashAs of this month, September, 2012, Congress is seeking to slash grants which fund state programs designed to prevent alcohol/distracted driving accidents, motorcycle safety, and teen education. This Congressional intention comes at a time when in the first 3 months of this year, traffic fatalities have jumped 13.5%, the highest number, in a similar time frame, since 2008.

In response, the Governors’ Highway Safety Association (GHSA) and Mothers Against Drunk Drivers (MADD) are asking Congress to continue funding the programs which they say reduce traffic accident deaths by continued education. They are not asking for a funding increase but for a continuation of funding previously provided to states for traffic accident prevention programs. Without continued funding, states will have to rely on any funds not utilized in the previous fiscal year. In many states, especially the smaller ones which received less funding to begin with, this will mean that programs in place may be discontinued. GHSA and MADD argue that this means that the trend begun at the outset of this year – increased traffic accident fatalities – would continue.

Being injured or having a loved one injured in a traffic accident is a horrible consequence of someone else’s lack of knowledge on traffic safety. If you or a loved one has been injured by the negligence of another, a Detroit car accident attorney at Lipton Law is here to help at (248) 557-1688. Should you need us, call for a free consultation.

 

Oakland County Semi-Truck Jackknifes & Overturns, No Injuries Reported

By Lipton Law on October 4, 2012 - No comments

The Oakland Press reported that all 3 lanes of northbound I-75, on E. Holly Road in Holly, in Oakland County, were closed on the morning of September 20, because a semi-truck overturned and jack-knifed. Fortunately, in this particular incident, no one was injured. On many other occasions, an impact between a semi-truck and any other motorist or pedestrian is often not this benign.

Careful operation of your motor vehicle cannot always protect you from a situation where, through no fault of your own, a semi-truck loses control and overturns, jackknifes, and in the process causes your vehicle, and often others, to get struck in its path. Once the dust settles and you have had the chance to assess the situation, been treated for your personal injuries, and released by the emergency room doctors at the hospital, you must try to rebuild your life.

According to 2011 data from the National Highway Traffic Safety Administration (NHTSA), approximately 1/3 of all deaths and injuries attributed to traffic accidents, involve trucks as 1 of the vehicles involved. In fact, in 2010, there was an 8.7% increase in fatalities involving large trucks. In 2010, Michigan saw an 8.0% increase in the number of traffic accident fatalities.

If you or a loved one has been injured in a truck accident, compensation from the responsible party(ies) may be available. In order to obtain that compensation, you will need the knowledge and commitment found in the Oakland County truck crash lawyers at Lipton Law. Call us for a free consultation at (248) 557-1688 and get on the road to your recovery.