Author: Law Firm Newswire

Austin, TX (Law Firm Newswire) May 14, 2019 – In this case, a doctor allegedly approved a prescription without doing lab work first.

The deceased’s husband filed a wrongful death lawsuit against his wife’s doctor alleging that he negligently authorized the use of a prescription without doing any lab work first. According to the lawsuit, “another” physician prescribed the man’s wife a shot of Depo-Provera for conception control.

The deceased was, at the time of her death, also under the care of another doctor for anticoagulant therapy. She had reached out to that second doctor asking if getting the Depo-Provera shot was safe. The doctor apparently stated it was safe, but did not do any additional blood work to determine if that was the case or not. The woman died in June 2015 as a result of a pulmonary embolism.

“The relevant statute in Texas for filing a wrongful death action is Texas Civil Practices and Remedies Code section 71.001,” explained Austin wrongful death lawyer, Brooks Schuelke, not involved in this case.

The Lone Star State allows the parents, spouse and children of a deceased to file a wrongful death action either individually or as a group.

Who may file a wrongful death claim in Texas?

The individuals who may file a wrongful death claim in Texas include:
* Spouse of a deceased
* Adult children filing in the death of a parent
* Adopted children filing for the death of an adoptive parent
* Parents filing for the loss of a child
* Adoptive parents may file an action for the loss of an adopted child
* Surviving siblings may “not” file a claim for the loss of a sister or brother, whether adopted or biological

Damages that may be awarded in a wrongful death claim in Texas include, but are not limited to:

* Lost inheritance
* Mental, emotional pain and suffering
* Lost earning capacity
* Lost care, support, advice, counsel, services the deceased provided
* Lost companionship, comfort, love
* Exemplary damages (in some cases)*

* Exemplary damages, aka punitive damages, may be awarded if a wrongful death was caused by a willful act/omission, or by gross negligence.

“Wrongful death damages are distributed to surviving family members in proportion to the injury suffered as a result of the death of their loved one. The court usually figures out the amounts that would go to each person filing,” said Schuelke.

Learn more at http://www.civtrial.com

Schuelke Law PLLC
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944

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Seattle, WA (Law Firm Newswire) May 14 25, 2019 - A pedestrian accident lawsuit has been filed against Microsoft Corporation and The City of Redmond on behalf of a 30-year-old woman that was hit by a Microsoft Connector shuttle in Redmond, WA in February 2016.

Seattle personal injury attorney Chris Davis represents the victim and filed the complaint for damages in King County Superior Court (19 2 04219 2 SEA) in February of 2019.

According to the complaint, at approximately 6:46 p.m. on February 26, 2016, the female pedestrian was lawfully walking in a marked crosswalk at the intersection located at Northeast 40th Street and South 148th Street in Redmond on the perimeter of Microsoft’s corporate campus.

A Ford passenger van registered to MV Public Transportation, Inc. driven by Harold A. Vallee and contracted by Microsoft Corporation to operate the Microsoft Connector turned left onto NE 40th Street from 148th Ave NE, failed to yield to the pedestrian and struck her.

The impact caused the pedestrian to be thrown far into the street and sustain serious bodily injuries as a result of the collision. She suffered four fractures to her spine as well as injuries to her pelvis.

Nearby street lamps were not operational, making the crossing area dark and difficult for motorists to see pedestrians. Although it was dark outside at the time of the collision the police report notes, “there were no street lights on…”

Prior to the date of the accident, the City of Redmond and/or Microsoft Corporation had notice that there were no working street lights at intersection. The City of Redmond and/or Microsoft failed to take the necessary corrective actions to make the roadway street lighting operational and safe for pedestrians and motorists.

"The Microsoft Connector bus driver had a duty to safely operate the vehicle and yield to pedestrians. However, the City of Redmond also has a duty to properly maintain street lights," said attorney Chris Davis. He went on to say, "street lights help to create a nighttime environment in which people and drivers can quickly and accurately identify objects and pedestrians. The operation and maintenance of street lights is critical to public safety."

Defendants: MV Public Transportation, Inc.; Harold A. Vallee (Shuttle Driver); City of Redmond; and Microsoft Corporation.
Docket: 19 2 04219 2 SEA
Court: Superior Court of King County for Washington
Lawsuit Filed: 2/14/2019
Trial Date Scheduled For: 02/10/2020

Contact:
Davis Law Group, P.S.
2101 4th Ave, #1030
Seattle, WA 98121
Phone: 206-539-0939
Fax: (206) 727-4001
Toll Free: 877-812-0613

Tampa, FL (Law Firm Newswire) May 14, 2019 - Researchers have developed voice analysis software that can help identify post-traumatic stress disorder (PTSD) in veterans by analyzing their speech. A recent study used an artificial intelligence (AI) program to analyze vocal characteristics such as rhythm and tone after training it on how to classify people based on speech examples.

According to the findings, the AI could distinguish which individuals had PTSD and which did not with 89 percent accuracy. Researchers recorded hours-long speech samples from 53 Afghanistan and Iraq veterans with PTSD linked to their service. They also interviewed 78 former service members who did not have the mental health condition.

The samples were processed by voice software from Stanford Research Institute (SRI) International, which is the company that developed Apple’s Siri voice assistant. The software produced 40,526 speech segments for analysis.

“The research seems promising for easier, more accurate PTSD diagnosis in the future,” commented Florida veterans lawyer David W. Magann. “Such technology can help facilitate early intervention to identify veterans who need to be evaluated for PTSD. Veterans who are diagnosed with it can then seek helpful treatments and receive the benefits they need rather than struggling with their mental health.”

The software linked specific speech patterns with PTSD. The voices of veterans with PTSD were identified as having unclear speech, longer hesitations and a “lifeless, metallic tone.” Such voice features have long been thought to help diagnose the mental condition.

According to Dimitra Vergyri, head of the Speech Technology and Research Laboratory at SRI International, the AI uses speech analysis to determine an individual’s state in terms of how they are feeling, their thought patterns and quality of communication, as well as their physical and mental health.

The study did not examine the science behind PTSD and vocal patterns. However, researchers noted the existence of theories on how a person’s speech can be affected when traumatic events alter the way the brain processes emotions. They are aiming to continue training and enhancing the AI tool in order to qualify for government permission to use the software clinically in the future.

Los Angeles, CA (Law Firm Newswire) May 13, 2019 - Software company Oracle has been accused of paying minorities and women less than white male employees in an ongoing discrimination lawsuit. The Department of Labor (DOL) filed new documents in the suit and allege Oracle paid minority and female employees as much as $401 million less over four years.

Oracle, which is headquartered in Redwood City, California, paid minorities and women less in primarily two ways: by basing starting salaries on previous salaries and by steering these employees into lower paying jobs upon hire. These practices created wage disparities that not only persisted but grew worse with time. The government suit claims that more than 4,000 Oracle female, black and Asian employees at the Redwood City location were underpaid.

The suit also claims that Oracle had a strong preference for hiring Asian students with visas. These employees were dependent upon Oracle for sponsorship to stay in the United States and therefore extremely vulnerable to wage discrimination. The DOL says that 90 percent of the 500 engineers hired at Oracle headquarters through student recruiting programs from 2013-2016 were Asian. Of those 500 engineers, only six were black.

The company has been threatened with the cancellation of its existing government contracts, which are worth more than $100 million, and a ban on any new contracts until it corrects the discriminatory practices and pays affected employees lost wages.

“The laws are clear in that discrimination based on race, or sex, can not be tolerated, much less engrained into workplace culture,” said employment attorney Betsy Havens of Strong Advocates in Los Angeles. “Recent lawsuits against tech companies like Oracle and Google highlight the ongoing issue of pay disparities.”

To learn more about wage discrimination please visit: https://www.strongadvocates.com.

Strong Advocates
6601 Center Drive West
Suite 500
Los Angeles, California 90045
https://www.strongadvocates.com/

MEDIA CONTACT
Betsy Havens
Phone: (800) 870-9886 or direct line (424) 209-2884
Email: betsy@strongadvocates.com

Austin, TX (Law Firm Newswire) May 10, 2019 – Typically, when people discuss traumatic brain injury, they are usually speaking about sporting events. However, it is not just athletes who sustain traumatic brain injuries.

According to researchers in Phoenix, Arizona a recent study reveals traumatic brain injury (TBI) is rife among domestic violence survivors, and a great number of domestic violence victims are living in homeless shelters. “This particular study included 115 homeless women,” explained Austin traumatic brain injury attorney, Brooks Schuelke, “and 88 percent of this group had lost track of the number of blows to the head they had sustained.”

According to the study, 81 percent of the women blacked out at least once, but not many sought treatment. Trauma study social worker and co-author of the study, Ashley Bridwell, says, "You start looking at these cases and you have to ask yourself . . . how many of these people were ‘failing’ as a result of the cognitive impairment.” This is an often-asked question when an athlete, at any level of accomplishment, starts having issues that seem to point to a brain injury and/or concussion.

A TBI is defined by the Centers for Disease Control and Prevention (CDC) as the result of a blow, jolt or bump to the head or a body hit that results in the brain twisting or bouncing around inside the skull, resulting in damaged brain cells and chemical changes in the brain.
Bridwell and lead researcher Dr. Glynnis Zieman were not surprised by the results of their study because they see the results of concussions frequently. Through the study they wanted to educate others about this overlooked segment of society that is victim of physical abuse.

Although brain injuries have received more attention due to stories about professional football players and combat veterans sustaining injuries, many people still do not understand the frequency and consequences of brain injuries. “Until fairly recently, few have thought much outside of the box about how brain injuries may affect others in our society,” added Schuelke.

TBIs are far more common than many think. In fact, the Brain Injury Association of America (BIAA) estimates 3.5 million children and adults struggle with a significant brain injury every year and that one in 60 Americans is coping with a traumatic brain injury disability. To find out more about brain injuries, visit BIAA.

Some of the more common signs of a concussion include:
* Loss of consciousness
* Dizziness
* Delayed response to questions
* Headaches
* Tinnitus
* Vomiting
* Slurred speech
* Blurred vision
* Nausea
* Confusion

“If you have sustained repetitive head concussions while playing sports, and feel that you were not adequately warned about the dangers of traumatic brain injuries, please do not hesitate to call my office. We can explain your legal rights to you and what would happen should you choose to file a lawsuit seeking damages,” said Schuelke.

Learn more at http://www.civtrial.com

Schuelke Law PLLC
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944

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Fort Lauderdale, FL (Law Firm Newswire) May 9, 2019 - A margin loan refers to money that an investor borrows from a brokerage firm. The margin loan is collateralized by the assets held in the customer’s investment account (i.e., securities). Customers are generally free to use the margin loan to buy additional securities or to withdraw the funds from the account to meet personal expenses.

Brokerage firms will issue a margin call if the value of the collateral assets supporting the margin loan falls below the maintenance requirement. Put another way, if the collateral declines, the brokerage firm expects that the customer will deposit additional assets so that the margin loan is secured. If the customer fails to deposit additional collateral, the brokerage firm will generally liquidate securities in the account in order to reduce or eliminate the margin balance.

Receiving an unexpected margin call from a brokerage firm can spark many questions regarding the risks of using margin, how the brokerage firm calculates the margin requirements and whether there has been impropriety by the brokerage firm in approving accounts for margin in the first instance. Contact an attorney specializing in matters involving securities litigation, if any of these circumstances are present.

There are some important facts that every investor should be aware of before using margin:

· Margin is a speculative investment technique. While it carries the potential to enhance investment returns, it also carries the potential to magnify losses. The use of margin is only suitable for customers with a more aggressive risk profile.

· The brokerage firms make money when customers use margin. Brokerage firms charge margin loan interest and also make money when customers use borrowed funds to purchase additional securities.

· Financial advisors make money when customers use margin. Most brokerage firms compensate financial advisors for securing lines of credit and margin loans in client accounts. Moreover, when the client uses margin to purchase additional securities, the financial advisor also stands to make more money.

· The margin agreements between customers and brokerage firms often permit brokerage firms to liquidate assets held in the brokerage account on demand and without notice to the customer.

There are several examples of financial advisors and brokerage firms engaging in misconduct with respect to margin loans and lines of credit. Some of the common forms of misconduct include:

● If the broker failed to adequately explain how margin loans work — the investing client did not realize the securities in their investing account were collateral for the margin loan and that if the account declined in value, they would have to either deposit more money or risk liquidation of their securities at a loss.

● If the broker failed to adequately explain the risks — the broker told the investing client the account would never experience a margin call and, therefore, they believed securities based lending was low risk.

● The brokerage firm violated its own policies and procedures when lending money to a client. For example, if an account is marked “conservative” or even “moderate” it should not be approved for margin given the amount of risk that is involved in margin trading.

● The brokerage firm liquidates assets held in the client’s account but does not do it in an orderly way or based on past course of conduct.

Securities fraud lawyer Matt Wolper stated, “Sometimes the misconduct is more subtle and occurs when a financial advisor discloses some of the risks but represents to the client that those risks will never come to fruition. This type of misconduct is designed to lull clients into a false sense of security.”

If a financial advisor or brokerage firm has inappropriately recommended the use of a margin loan or line of credit, call the Wolper Law Firm for a free consultation and case evaluation. Call (954)-406-1231 to schedule a free, no-obligation consultation with one of our attorneys.

Contact:
Wolper Law Firm, P.A.
Matt Wolper
Main Office
Fort Lauderdale, FL
1250 S. Pine Island Road
Suite 325
Plantation, FL 33324
Toll-Free: 800.931.8452
mwolper@wolperlawfirm.com

Additional Office Locations (*by appointment only)
Atlanta—Dallas—Denver—Indianapolis—Irvine—Naperville—New York City—Portland—Seattle

Los Angeles, CA (Law Firm Newswire) May 8, 2019 - To help both employees and employers better understand and recognize sexual harassment, employment law firm Strong Advocates has declared May Sexual Harassment Awareness Month.

“Unfortunately, sexual harassment continues to be a persistent problem in the workplace,” says Betsy Havens, Executive Director of Strong Advocates. “In the wake of the #MeToo movement, awareness of sexual harassment is at an all-time high but still it happens every day. We need significant change in order to eliminate this abuse of power. No one should be subjected to sexual harassment or assault at work.”

Sexual harassment typically takes two forms: hostile work environment and quid pro quo. For sexual harassment to create a hostile work environment, the abuse (comments, touching, advances etc.) must be either severe or persistent such that it creates a hostile environment. Quid pro quo harassment occurs when an employer conditions an employment benefit (for instance, a raise or promotion) upon acceptance or performance of a sexual act.

If someone feels they have been the victim of sexual harassment, Havens suggest taking a few steps to ensure their case is protected. First, it is essential to document any and all instances of harassment. Keep detailed notes and save any written communications with the harasser or about the harassment. Next, report the harassment to the appropriate person in the company, the HR department or a supervisor. Follow the company harassment policy if there is one available. Finally, if the harassment continues, speak to an employment law attorney who can determine the best next step.

One of the best defenses against sexual harassment is education. To learn more about sexual harassment in the work place and how it can be prevented, visit our website.

Strong Advocates
3415 S. Sepulveda Boulevard
Suite 570
Los Angeles, CA 90034
https://www.strongadvocates.com/

MEDIA CONTACT
Betsy Havens
Phone: (800) 870-9886 or direct line (424) 209-2884
Email: betsy@strongadvocates.com

Tampa, FL (Law Firm Newswire) May 7, 2019 - Social Security trustees released their annual report on April 22 that projected the Disability Insurance (DI) trust fund would remain solvent until 2052, an additional 20 years than previously estimated.

The main trust fund for Social Security is Old-Age and Survivors Insurance (OASI). The estimated depletion date for that fund remains unchanged at 2034. However, if money from the disability program was used to cover OASI shortcomings, Social Security would become insolvent by 2035, just a year later than predicted in last year’s report.

“The financial health of Social Security depends on a variety of factors,” commented Florida social security disability attorney David W. Magann. “However, what’s important is that people who rely on these crucial disability benefits don’t see them interrupted or slashed due to reasons that are outside their control. It remains to be seen what action is taken to ensure the disability trust fund remains intact for future generations.”

If the fund becomes depleted, beneficiaries would receive 91 percent of their promised payments. That money will come from Social Security taxes taken out of workers’ paychecks. Around 10 million disabled workers and their dependents currently collect disability benefits while 53 million people receive OASI payments.

The marginal improvement in Social Security’s overall financial condition was attributed to a decline in SSDI applications since 2010 and decreasing numbers of disabled worker beneficiaries since 2014. Higher-than-estimated mortality rates in recent years have also played a role. A reduction in cost increases is predicted for the combined Social Security programs from 2040 as deceased Baby Boomer beneficiaries get replaced by generations with smaller birth rates.

The report urged lawmakers to address the financial shortfalls “sooner rather than later” so that there would be enough time to consider various solutions and “to phase in changes while giving the public adequate time to prepare.” Failure to act could result in automatic cuts to benefits should the programs run dry.

Troy, MI (Law Firm Newswire) May 6, 2019 - On Saturday, April 13th from 10 a.m. to 1 p.m., Disability Law Group also known as the Law Offices of Kelly, Riggs & Mansour, PLC hosted a Free Community Resource Clinic with the intention of helping the public get their legal questions answered in conjunction with a free health screening. The event took place at the Troy Community Center in room 303.

This comprehensive clinic, which was open to the public, provided legal advice on a wide variety of topics. Attorneys Mandy Kelly, Erika Riggs, and Randall Mansour offered their expertise in the areas of Social Security Disability, SSI, and VA disability benefits. Local attorneys also attended to help people with family law issues, PPOs, landlord/tenant matters, and more. SSR Law Office also participated in the Clinic providing free legal advice on will-drafting, probate, and other estate planning matters. To make this meeting accessible to the whole family, Easter-themed crafts were given children accompanying their parents, guardians, or grandparents.

In addition to the wealth of free legal information available, free health screenings were given by Providence Hospital residents. A number of nonprofit community organizations, such as Michigan Works, the Judson Center, and the EmpowerME Project were also in attendance along with other critical community resources.

Concerned about not having a will? Worried about what would happen to loved ones if a caregiver became disabled? Are there other legal issues that need to addressed? Explore the various options that may be possible with skilled attorneys who participated in this Clinic. The attorneys offer a free consultation.

Check Video of the Clinic: https://www.facebook.com/276774946529812/videos/407966459753930/

For more information please call Disability Law Group at 800-838-1100 or email them: erika@attorneysdlg.com

Austin, TX (Law Firm Newswire) May 6, 2019 - A Federal lawsuit was recently filed against Morrison & Foerster by one of its clients that alleged the firm engaged in “egregious” overbilling, among other things. The plaintiffs in the lawsuit are Firestar Diamond International and its owner, jewelry designer Nirav Modi, Synergies Corporation, AVD Trading and Firestar Group LLC. The lawsuit was filed in the United States District Court for the Western District of Texas and alleges breach of fiduciary duty, negligence, fraud, breach of contract and theft.

The lawsuit alleges that Morrison & Foerster was initially hired to sell various companies and their assets in order to dismantle the companies. The lawsuit stated that the firm “expended an exorbitant and excessive amount of time, primarily on matters that had little to do with winding down the entities. In the course of two months, [the firm] had 34 different timekeepers bill 669 hours at a cost of $484,321.39.” Thereafter, when the final bill was presented to the plaintiffs, the firm’s services were terminated. However, after termination, Morrison & Foerster then transferred $53,000 of the plaintiff’s assets held in Morrison & Foerster’s trust account to itself, without notifying the plaintiffs with an explanation of the transfer.

The plaintiffs allege that Morrison & Foerster focused on minor issues in order to bill the plaintiffs more, instead of winding down the various companies and selling assets. Also, the plaintiffs allege that the law firm failed to make $17 million in bankruptcy claims that was spotted by the plaintiffs’ new lawyers. Finally, the plaintiffs allege that the law firm unilaterally paid its exorbitant fees from money obtained by the sale of plaintiffs’ assets, something that was never agreed upon by the plaintiffs.

Plaintiffs have alleged actual damages of more than $1.5 million, plus punitive damages, attorneys fees and fee disgorgement. In a comment on the decision, Gregory D. Jordan, a business litigation attorney with the Law Offices of Gregory D. Jordan in Austin, Texas, who is not involved with the case, stated that, “Law firms must be very careful with client’s money kept in the firm’s trust accounts. Frequent and clear communication between the law firm and the client about expectations and actions is the best practice to prevent these types of lawsuits.”