Category: Law Firm Newswire – Legal News

Austin, TX (Law Firm Newswire) May 27, 2019 – Traumatic brain injury (TBI) can be devastating and deadly. Over the last two decades, research has progressed rapidly in finding solutions to help those with TBI. The latest discovery involves stem cell therapy using a patient’s own adipose stem cells. The 10-month therapy program started last spring.

Although the stem cell therapy program is taking place outside of the United States, in Freeport, Bahamas, 24 highly decorated U.S. military veterans are taking part in the innovative new program with the hope the therapy improves healing of bone injuries, reduces pain and improves TBI outcomes. The participants provide the medical staff with pre-and post-treatment data.

The Department of Defense (DOD) and the Defense and Veterans Brain Injury Center (DVBIC) estimate 22 percent of all combat casualties from Iraq and Afghanistan are brain injuries. Sixty to 80 percent of soldiers with other blast injuries may also have traumatic brain injuries. Common causes of TBI include use of heavy weaponry, falls, motorcycle or other vehicle accidents and damage from various explosive devices.

One treating doctor at the clinic, Dr. Matt Stiebel, is a noted orthopedic surgeon who hails from South Florida who is working with vets reporting mood disorders, chronic pain, short-term memory loss, headaches and trouble concentrating. The symptoms reported by the vets are being treated using regenerative cells from the patient’s own fat. By all reports, the results have been very encouraging.

Liposuction begins the process of treatment, with each vet being treated with their own adipose tissue (fat), a process that gets rid of any risk of cell rejection. The process works by injecting mannitol, a sugar, in order to open the blood brain barrier. Next, patients are given an IV infusion of stem cells for up to 45-minutes. For orthopedic issues, the stem cells were injected to the specific joint involved.

“This is an exciting and interesting new approach to treating TBI and other injuries that plague our military personnel on return from deployment. If it helps, it may a higher bar for the future,” said Austin, Texas TBI attorney, Brooks 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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Los Angeles, CA (Law Firm Newswire) May 24, 2019 - Sexual harassment affects an alarming number of people and often goes unreported. Many victims of sexual harassment try to ignore the offensive behavior, perhaps because they are worried about retaliation by their employer or discomfort in confronting the harasser.

No one should have to endure sexual harassment at their job. Everyone deserves to work in an environment that is free from harm. Sexual harassment is unacceptable, but when it happens, there are some steps to take to effectively handle the situation.

Recognize Sexual Harassment

There are two broad categories of sexual harassment: quid pro quo and hostile work environment. Quid pro quo harassment occurs when a supervisor demands sexual favors or sexual contact in return for a job benefit, such as continued employment, raise, or promotion. A hostile work environment occurs when a coworker or supervisor make unwanted sexual advances, comments and requests. Examples include unwanted touching, sexual jokes or comments, and requests for sexual favors. In order to be legally actionable in California, sexual harassment must be either severe or pervasive. This means generally that one instance of sexual harassment can be enough to meet the standard if it is egregious or severe. Otherwise, the harassment must be pervasive, usually consisting of repeated instances impacting an individual’s workspace. Sexual harassment only occurs if the behavior is unwelcomed by the victim.

Sexual harassment can also include harassment based on gender, sexuality, pregnancy or a related condition such as breastfeeding and can be perpetrated by a third party such as a client, customer or outside service provider.

“Many victims of sexual harassment question whether or not what they are experiencing is indeed sexual harassment or if it is bad enough to warrant a complaint,” says Betsy Havens, Executive Director at Strong Advocates, an employment law firm in Los Angeles. “However, if something feels wrong, it probably is. Trust your gut and educate yourself on what to do next.”

Speak Up in Writing

Confront the harasser if it is safe to do so. Simply saying that a conversation or action is uncomfortable and asking for it to stop may be enough. However, if the harassment continues or a victim feels unsafe confronting the harasser, it is best to write or speak to a supervisor or human resources employee about the situation. This is important, because once the employer knows about the harassment, they are legally obligated to address it.

We highly recommend making a sexual harassment complaint to a supervisor or human resources staff in writing. This could be done, for instance, via email or a letter either as an initial complaint or as a follow up to a conversation. For instance, an email following a conversation could begin by saying, “As we discussed today, I have been having difficulty with Sam making inappropriate sexual comments to me and regularly touching my butt at work…” Having a complaint in writing helps to protect victims because the employer cannot later deny that they were unaware that a complaint about sexual harassment was made.

Save Any Evidence of Sexual Harassment

Sometimes supervisors or coworkers will put their sexual advances in writing. For instance, someone may email or text message about their desire or proposed dates. Be sure to save these emails, text messages or other writings. Written advances by a coworker on a work phone or email account should be printed or forwarded to a personal account for safekeeping. If any sexual advances were made through text messages on a personal phone, we recommend victims take screenshots or email them to themselves. Text messages, emails, instant messages and snapchats can all be strong direct evidence of sexual harassment, so make sure to keep them safe in case of need for them in the future.

Tell Others and Take Notes

Document everything. Take notes on when each incident occurs, who is involved, what happens, etc. Include information on possible witnesses or other victims and be detailed, as this could become key information. Tell others about what is happening when it is happening, especially in writing. For example, text messages that were sent to a friend immediately after a sexual assault or sexual harassment has occurred can be used as evidence to support a claim.

Talk to an Experienced Attorney

If sexual harassment continues, even after the above steps are taken, it may be time to speak with an attorney. Strong Advocates can help sexual harassment victims understand their legal options and how best to pursue them. Contact Strong Advocates for a free case evaluation. For additional information on sexual harassment at work, see Strong Advocate’s e-book available for free download here.

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

Tampa, FL (Law Firm Newswire) May 23, 2019 - Federal authorities are urging people to be on alert for a new telephone scam in which callers pretend to be from the Social Security Administration (SSA). Scammers have stolen millions of dollars by exploiting the trust that victims have in government agencies.

The Federal Trade Commission (FTC) said the number of fraudulent calls from SSA impostors has climbed sharply over the past year. There were more than 76,000 reports filed about SSA scams in the 12 months ending in March. They totaled approximately $19 million in losses. Around 36,000 of the complaints and $6.7 million of the losses were reported in February and March alone.

“It can sometimes be difficult to determine whether a call from a federal agency is genuine,” commented Florida social security disability attorney David W. Magann. “However, you should remember that the SSA is not likely to contact you out of the blue. Generally it is best to be cautious and refrain from sharing any personal information if you get an unsolicited phone call asking for your Social Security number and financial details.”

The FTC warned people not to automatically trust the phone number on their caller ID screen. Scammers are known to use spoofing technology to manipulate caller IDS so that their calls seem to be from legitimate government phone numbers.

Aggressive scare tactics have been common in the latest scam. Fake callers tell potential victims that their Social Security number has been suspended due to suspicious activity or involvement in a criminal operation such as money laundering or drug trafficking.

The impostors then try to frighten victims by saying they must quickly withdraw money from their bank account in order to avoid arrest or prevent their assets from being frozen. Payments are typically requested as prepaid gift cards, digital currency or bank wire transfers.

The government is urging people to hang up immediately if they are contacted by anyone claiming to be from the SSA and asking for money. Those who receive scam calls should report them to the inspector general or FTC.

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

David W. Magann, P.A.
Main Office:
156 W. Robertson St.
Brandon, FL 33511
Call: (813) 657-9175

Tampa Office:
4012 Gunn Highway #165
Tampa, Florida 33618

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• Be Aware of How You Could Lose Your Social Security Benefits
  1.Cessation of Disability: Usually a “cessation of benefits” occurs when you are not seeking regular and continuing treatment for the medical problems in the original determination for the grant of benefits. Also, if you are able to make enough money to pass above a certain threshold earnings amount, then you’ll stop getting disability benefits. For […]
• NEW IMPAIRMENT LISTING IN FULL EFFECT & APPLICABLE TO ALL ADMINISTRATIVE PROCEEDINGS IMMEDIATELY
  NEW MENTAL LISTINGS Effective: January 17, 2017 After a revision of the Diagnostic and Statistical Manual (DSM), and thousands of public comments later, the Social Security Administration (SSA) has published significant revisions to its mental impairment listings.  SSA had issued a Notice of Proposed Rule Making in August 2010, proposing what at the time appeared to be […]
• SSA is Heading For Delays Again After Recent Cutbacks & Years of Improvement
  Service Cuts, Computer Problems Cloud Social Security’s 79th Birthday: The Social Security Administration should have reason to celebrate. After all, August 14, 2014, marked the 79th anniversary of the day when President Franklin Roosevelt signed the Social Security Act, which ushered in the landmark entitlement program. However, the agency’s birthday was a less than cheerful […]
• SSA is Ramping Up Disability Reviews in 2014
  The Social Security Disability Benefits Reform Act of 1984 (“DBRA 1984”) was passed by a unanimous, bipartisan vote in the House and Senate (99-0) in September 1984. President Reagan signed the law on October 9, 1984, when it became Pub. L. No. 98-460. One of the main provisions required “medical improvement” before benefits could be terminated where […]
• Never Allow A Non-Attorney to Represent You At Your Social Security Hearing!
  You should NOT have a non-attorney clerk at your hearing?  This seems obvious, but several Florida law firms and any company identifying themselves as “Experts”, some who are advertising on TV, are sending non-attorney clerks to Social Security Hearings simply because its cheaper for them to do so rather than have an actual attorney appear. How in […]

Andover, MA (Law Firm Newswire) May 23, 2019 - The Massachusetts School of Law (MSLAW) has announced that former Boston Celtic player, author, inspirational speaker and wellness advocate, Chris Herren, will address the graduating class of 2019. The event will take place on Friday, June 7, 2019, at 5:00 pm in The Collins Center, located at 100 Shawsheen Road in Andover.  

Herren, a standout from Durfee High School in Fall River, MA, played for Boston College and Fresno State before missing part of Freno’s 97-98 season to seek treatment for an ongoing struggle with substance use disorder. He was drafted by the Denver Nuggets in 1999, and traded to his hometown team, the Boston Celtics, in 2000. After suffering a season-ending injury, he went on to play internationally until retiring from the game in 2006. Sober since 2008, his recovery journey has been documented in the bestselling memoir, Basketball Junkie, and the Emmy nominated ESPN Films documentary, Unguarded.

“Chris Herren’s story is one of extraordinary highs and lows,” says MSLAW Dean Michael Coyne. “His perseverance and subsequent transformation are inspiring. We’re honored to have him address our graduating class.”

Since 2009 Herren has spoken to millions of students and community members about substance use disorder and wellness through his organization “Herren Talks.” In 2011, Chris grew his vision of support for others when he founded the nonprofit “Herren Project”. Through the organization, Chris and his team empower schools and communities to make healthy choices, while also guiding families through recovery. In 2018, Chris also founded Herren Wellness, a residential health and wellness program that helps guests lead healthy, substance-free lives.

“Substance use disorder impacts many families and individuals in our communities, and I am honored to share my experience, strength and hope with the graduating class of 2019,” said Chris Herren.

Dean Coyne will present MSLAW’s highest honor, the degree of Doctor of Laws, Honoris Causa, to Mr. Herren as part of the ceremony.

The Massachusetts School of Law is located at 500 Federal Street, Andover, MA.

Contact:

Diane Sullivan
Massachusetts School of Law
Phone: (978) 681-0800
E-mail: dianes@mslaw.edu

Austin, TX (Law Firm Newswire) May 21, 2019 - In the case of Burlington Resources Oil & Gas Company, L.P. v. Texas Crude Energy, LLC (No. 17-0266), the Texas Supreme Court held that certain post-production costs were rightfully deducted when calculating overriding royalty payments based on the "amount realized" from the sale when the royalty interest is to be delivered "into the pipelines, tanks, or other receptacles with which the wells may be connected." This opinion reversed the decision by the lower appeals court.

Texas Crude Energy, LLC sued Burlington alleging Burlington could not charge post production costs to the royalty holder. The leases at issue have both a Granting Clause and a Valuation Clause. The Granting Clause provides that "[s]aid overriding royalty interests shall be delivered to ASSIGNEE into the pipelines, tanks or other receptacles with which the wells may be connected, free and clear of all development, operating, production and other costs.” The Valuation Clause provides that "[t]he overriding royalty interest share of production shall be delivered to ASSIGNEE or to its credit into the pipeline, tank or other receptacle to which any well or wells on such lands may be connected, free and clear of all royalties and all other burdens and all costs and expenses except the taxes thereon or attributable thereto."

The Court first noted the usual rule that royalty interests are free from post-production expenses, but that this general rule can be modified by agreement between the parties. The Court identified that the crux of the parties' dispute is whether Texas Crude Energy, LLC holds royalties on products at the well (Burlington's position) or on treated and transported products at their downstream point of sale (Texas Crude's position). The Court held that the agreements between the parties provided that the royalty interest shall be delivered "into the pipelines, tanks, or other receptacles with which the wells may be connected." This latter phrase fixed the royalty's valuation point at the physical location where the interest is to be delivered — at the wellhead or nearby.

In a comment on the decision, Gregory D. Jordan, an oil and gas attorney with the Law Offices of Gregory D. Jordan in Austin, Texas, stated that, “This ruling highlights the importance of carefully drafting oil and gas leases. Seemingly innocuous provisions can come back to bite the royalty owner. If you are considering leasing, it is a good idea to have knowledgeable counsel.” Jordan further noted, “It will be very interesting to see whether this case signals that the Court will be more willing to assess costs against royalties than it has historically found.”

To learn more, visit http://www.theaustintriallawyer.com/

Law Offices of Gregory D. Jordan
5608 Parkcrest Drive, Suite 310
Austin, Texas 78731
Call: 512-419-0684

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• Are Texas Arbitration Agreements Between Employers and Their Employees Always Enforceable?
  Over the past decade, it has become common to see arbitration agreements in a variety of business agreements. Indeed, arbitration is the preferred method for many businesses to resolve all kinds of Texas business disputes, whether a dispute is between a company and its customers, employees, suppliers or another business. Recently, forced arbitration clauses have [...]
• The Duties of the Holder of the Executive Right to Minerals
  In the case of Texas Outfitters, LLC vs. Nicholson, the Texas Supreme Court examined the holder of the executive right’s duty of utmost good faith and fair dealing to non-participating mineral interest owners. In Texas Outfitters, the holder of the executive right to lease minerals refused to sign a lease which the owner of a [...]
• Texas fines a cryptocurrency investment firm
  An investment firm that marketed cryptocurrency in Texas has been fined and ordered to provide restitution to its investors. Texas security regulators reported that Mintage Mining LLC has agreed to pay the penalties and restitution. This agreement came on the heels of an 18 month long investigation by Texas security regulators of what they characterized [...]

Tampa, FL (Law Firm Newswire) May 20, 2019 - After reaching a national low in traffic fatalities in 2010, the rising popularity of ride-hailing services has contributed to an increase in roadway accidents and deaths. Victims of accidents involving ride-hailing services have additional complications due to how personal car insurance handles claims for Uber and Lyft drivers.

The recent rise of highly popular ride-hailing services, such as Uber and Lyft, has spurred a rise in accidents in U.S. cities. In 2010, traffic fatalities in the United States reached a low of 32,885, which was the lowest fatality rate since 1949. Those numbers were low partly due to reduced travel during the Great Recession, but a new study shows the rise in popularity of Uber and Lyft has caused a corresponding rise in roadway accidents and fatalities.

Since ride-hailing services gained popularity after 2010, researchers say they have caused an about 3 percent rise in traffic fatalities. Researchers from the University of Chicago and Rice University recently announced findings in a ride-hailing study that used National Highway Traffic Safety Administration (NHTSA) data to determine the impact of Uber and Lyft drivers on the nation’s roadways. The study shows a corresponding increase in traffic accidents and fatalities per vehicle miles traveled in U.S. cities.

Accidents involving ride-hailing services generally are more complicated than those with traditional taxi cabs. That is because the Uber and Lyft drivers use their personal vehicles. Personal car insurance, though, does not cover the costs of accidents arising from commercial activities, like those provided by Uber and Lyft drivers.

“The potential for insurers denying claims from accidents involving Uber and Lyft drivers causes more problems for innocent victims of accidents with those drivers,” said experienced car accident attorney Robert T. Joyce. “Even when insurers do pay liability, total costs often exceed coverage limits, and many drivers do not have assets to cover additional damages.”

While a taxi cab has high insurance limits and provides coverage during cab rides, a ride-hailing service is not liable for the costs arising from accidents involving its drivers. That makes Uber and Lyft immune from lawsuits when their drivers cause accidents that injure or kill others. An experienced car accident attorney is an invaluable asset when dealing with the outcome of accidents involving Uber and Lyft drivers, as well as other ride-hailing services.

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

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
Call: 813.251.2007

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• What to Do After a Car Accident
  Car accidents are potentially life-changing events that can do far more the physically cripple victims. Under many circumstances, car accidents also can bankrupt victims when the medical costs greatly exceed any insurance coverage amounts. The following tips should help to ensure maximum payouts when involved in a car accident. Almost everyone has a cellphone that […]
• Uber, Lyft are driving accident fatalities
  In large cities, ride-hailing services provide an affordable alternative to taxi cabs, without the hassle of mass public transportation systems. Uber is the king of ride-hailing services, with Lyft a slightly distant second across the nation. Since their sudden rise starting in 2011, a new study suggests they have increased traffic fatalities in large cities […]
• Common signs of nursing home abuse
  Placing a loved one in a nursing home is often a very difficult decision that a family has to make. Usually, a family makes this decision because ultimately they believe their loved one will have a better life and be well taken care of. However, in some Florida nursing facilities, families learn that not only […]
• Accident involving pedestrian ends in fatality
  On September 14, 2018, a fatal accident involving a Gibsonton woman occurred on U.S. 301 in Hillsborough County, Florida. The pedestrian accident occurred near Sabal Industrial Boulevard. The Florida Highway Patrol reported that the woman was walking southbound on the side of U.S. 301 when she was struck in the head by the side mirror […]
• Serious injuries caused by dump truck accident in Hillsborough County, Florida
  On August 22, 2018, three children and one adult were seriously injured when a dump truck hit their vehicle head-on. The crash occurred on US 309 in Hillsborough County, Florida. The Florida Highway Patrol reported that the dump truck driver failed to see stopped traffic in front of him and swerved into the opposite lane […]

Southfield, MI (Law Firm Newswire) May 20, 2019 - Personal injury attorney Matthew Curtis of Sommers Schwartz appeared in an NBC News feature about the threat of carbon monoxide poisoning in public housing overseen by the Department of Housing and Urban Development (HUD).

Curtis, along with attorney Michael Cunningham, is representing the family of a couple who died from carbon monoxide poisoning in their Wayne, Michigan, home. Anthony and Gwendolyn Fleming were residents of Hickory Hollow Cooperative, a federally subsidized apartment complex.

Their daughter called the police after her parents failed to open the door when she visited them on February 1. Emergency responders pronounced Gwendolyn, 65, dead at the scene. Anthony, 64, was airlifted to an Ohio hospital in an unresponsive state but could not be saved. Fire officials also evacuated families in 26 units throughout the complex after identifying high carbon monoxide levels.

The couple’s family is pursuing a wrongful death personal injury lawsuit against Hickory Hollow Cooperative and Huntington Management, which runs the property. Curtis spoke to NBC News about the case as part of their digital doc “Silent Killer: The Rising Toll of Carbon Monoxide in Public Housing” released on May 3.

In the video, Curtis can be seen examining various pieces of evidence such as incident reports and photographs of the Fleming home, including their blackened, soot-covered boiler. He alleged that “poor maintenance, poor ventilation, and a poorly functioning old boiler unit” resulted in deadly carbon monoxide levels in the apartment. Emergency responders were also alerted to accumulation of ice around the complex’s chimneys, a “possible contributing factor to the carbon monoxide levels.”

Authorities are still investigating the origins of the deadly gas buildup. However, HUD’s failure to enforce the mandatory installation of carbon monoxide detectors in federally subsidized housing is a significant factor in allowing landlords to slack off in their responsibility to provide this inexpensive, life-saving device. “You would think in order to have a decent, safe place to live in, free from hazards, that you would have a carbon monoxide detector,” Curtis said in the NBC News feature while commenting on various violations of resident rights in the case.

Carbon monoxide detectors are the only reliable way to identify the presence of the colorless, odorless gas inside a home. Carbon monoxide exposure in enclosed spaces can cause serious injuries and even be fatal. Huntington claimed to have installed the devices in the Fleming’s apartment. However, fire department officials said no alarms were sounding when they arrived.

Despite the known risks of the gas, HUD currently does not require carbon monoxide detectors to be installed in the 4.6 million affordable housing units it oversees. According to NBC News, at least 13 HUD housing residents have died from carbon monoxide poisoning since 2003.

The agency acted only after the NBC News investigation revealed the dangers faced by millions of low-income families who rely on subsidized housing. HUD announced in April that it is starting the lengthy process of creating a federal rule that requires carbon monoxide detectors in public housing.

Following the NBC News report, Sen. Kamala Harris, D-Calif., and two House Democrats are pushing Congress to pass legislation for the mandatory installation and maintenance of the life-saving devices in federally subsidized housing across the country. They wrote a letter to congressional leaders on May 6 urging them to expedite passage of the proposal, which includes $10 million in funding.

To learn more about the dangers of carbon monoxide and to view the NBC News digital doc, visit here.

Contact:
Sommers Schwartz Law Offices
1 Towne Square, #1700
Southfield, MI 48076
Toll-free: (866) 430-5556
Phone: (248) 595-7825

Austin, TX (Law Firm Newswire) May 20, 2019 – Texas law enforcement continuously see drivers pulling out phones and texting while behind the wheel. This form of distracted driving is a deadly choice.
It has become increasingly common for people to be inseparable from their phones. Some say it is an epidemic. According to the National Safety Council, nine Americans die and 100 sustain injures every single day due to texting while driving.

Texas Highway Patrol members see drivers using their phones too often and are urging drivers to get to their destinations safely and to not take their attention off the road. The important choice is to get home to your family safely, not wonder what someone just texted you.

“Taking your eyes off the road is perhaps one of the single most dangerous things to do while driving,” says Austin, Texas auto accident attorney, Brooks Schuelke. “It is against the law in Texas to text and drive.”

Every day across the nation, hundreds of people are injured and some die in car crashes caused by drivers texting and driving. It can happen to anyone. No one is immune from getting into an accident because they are texting and not paying attention to the road and other vehicles.

Texting while driving is only one category of distracted driving. Other distracting activities can also cause an accident. These distractions include, but are not limited to:
* GPS
* Talking to a passenger
* Talking and texting
* Adjusting controls
* Adjusting music
* Makeup application
* Shaving
* Not looking at the road (sightseeing)
* Handling children
* Handling loose pets in the car
* Daydreaming or zoning out

Distracted driving, but texting and driving in particular, has assumed the status of being equivalent to drunk driving. Texting and driving has become a huge problem on Texas roads. “Too many people are injured and die in accidents on Texas roads,” added Schuelke. "If you or someone you love was injured in an accident with a distracted driver do not hesitate to contact me."

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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Houston, TX (Law Firm Newswire) May 17, 2019 - In a spirited discussion on MSNBC’s Velshi & Ruhle program on May 15, 2019, Tom Ajamie discussed how President Trump’s tweets drive the financial markets and the potential legal jeopardy for Trump and people in his inner circle.

“Look, he can move markets,” said Ajamie. “He is the most powerful man in the world, and everyone listens to how he speaks,” he said.

Tom went on to say that the president does have some immunity, but also questioned the extent to which family members and business associates may be implicated for insider trading based on confidential information that may have been passed to them in discussions with the president.

While the President’s tweets are not like those of a CEO who is bound by strict disclosure rules, Tom also referred to similar tweets by Trump in 2018 regarding Boeing and Lockheed Martin which impacted the share price of those companies, albeit in the short-term.

Whether any evidence of wrongdoing will emerge remains to be seen. Like many others, however, Tom expressed his concerns over the President’s indiscreet tweets. Moreover, Tom is widely recognized for his expertise in high-profile securities fraud cases, having recovered hundreds of millions of dollars for investors in securities class action litigation.

You can watch Tom’s appearance on MSNBC’s Velshi & Ruhle program here.

About the Firm
Ajamie LLP is a unique, boutique litigation law firm with a proven track record of large recoveries for victims of financial fraud at trials and arbitrations as well as a long history of defending corporations in complex commercial litigation. The firm is also widely recognized for providing cross-border representation in complex business litigation matters and has the skills and resources to represent clients worldwide. For more information, contact Debbie Molloy, Manager of Research and Communications, dmolloy@ajamie.com.

Contact:

Ajamie LLP

NEW YORK
460 Park Avenue
21st Floor
New York, NY 10022
P: 713.860.1600
F: 713.860.1699

HOUSTON
Pennzoil Place–South Tower
711 Louisiana, Suite 2150
Houston, TX 77002
P: 713.860.1600
F: 713.860.1699

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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