Archive for May, 2009
Asbestos Mesothelioma – 5 Most Asked Legal Questions
May 14th, 2009. By LucyC
A diagnosis of asbestos mesothelioma can be frightening. It is cancer, after all, and sadly is currently incurable. But if there was ever a time you or a loved one needed your wits about you it would after receiving a positive diagnosis.
Why? As part of making sure your affairs are in order, you will likely want to contact an asbestos mesothelioma lawyer for advice on any potential compensation related to the illness and its treatment.
Here are answers to questions you might have if you’ve recently been diagnosed with asbestos mesothelioma, or your spouse has recently died from the disease:
- When should I contact an attorney? As soon as you’ve been diagnosed with an asbestos related disease.
- How long do I have to act? Timing is of the Essence. Many states have statutes of limitations that restrict your ability to file a lawsuit to within a certain period of time, typically after you have been diagnosed. Because it can take as much as 30 years or more for mesothelioma to manifest symptoms, it makes it even more important that you act quickly after being diagnosed.
- Can I sue a company that no longer exists? Asbestos mesothelioma has one of the longest latency periods of any type of disease. If the company you worked for has gone out of business between the time you worked for them and the time you were diagnosed, you cannot sue them directly. However, you may be eligible for compensation from an asbestos bankruptcy trust, which were set up to deal with these types of situations.
- If I’m too ill to work, how do I afford an attorney? Many lawyers who work on asbestos mesothelioma cases work on what is known as a “contingency basis”. That is, they only get paid if you win your lawsuit—you do not pay the lawyer up front. Their fees are agreed upon as a percentage of the settlement you receive.
- Can I file a lawsuit on behalf of my deceased husband or wife? You may be entitled to file a wrongful death suit, which could entitle you to a settlement, should you win your case. But there are laws regarding who can sue on behalf of whom. And the other consideration is the statute of limitations in your state. It cannot have expired, so the time of your spouse’s death must have occurred within the legal timeframe in which you are allowed to file a suit. Best thing to do is to contact a lawyer and find out what the rules are in your state.
To find out more about the symptoms of asbestos mesothelioma, or submit a claim form free of charge, visit our asbestos mesothelioma section.
Calls for End to Medical Device Maker Immunity
May 13th, 2009. By Evelyn Pringle
On May 12, 2009, the House Energy and Commerce Subcommittee on Health held a hearing on the Medical Device Safety Act of 2009. HR 1346 would overturn the February 2008 Supreme Court decision that, for the first time, denied patients the right to sue device makers for compensation when injured by certain medical devices.
In the case of Riegel v Medtronic, the court ruled that a device maker cannot be sued under state law by patients alleging injury from a device that received marketing approval from the FDA.
“The Court’s decision has left consumers without any ability to seek compensation for their injuries, medical expenses and lost wages resulting from injuries caused by defective premarket approval (PMA) devices or inadequate safety warnings,” according to a March 5, 2009 press release by Representatives Frank Pallone, Jr (D-NJ), Chairman of the Energy and Commerce Subcommittee on Health, and Henry Waxman (D-CA), Chairman of the Energy and Commerce Committee, issued when introducing the Medical Device Safety Act of 2009. Read the rest of this entry »
House Hearing Set for Federal Whistleblower Protection
May 12th, 2009. By Evelyn Pringle
On May 14, 2009, the House Committee on Government Oversight and Reform will hold hearings to review the “Whistleblower Protection Enhancement Act of 2009.”
The Hearing is titled: “Protecting the Public from Waste, Fraud and Abuse: H.R. 1507, the Whistleblower Protecting Enhancement Act of 2009.”
The National Whistleblowers Center is urging all Americans to contact their elected officials and urge them to attend the hearings and support federal employee whistleblower protections. Read the rest of this entry »
New Jersey Goes After Rampant Conflicts of Interest in Medical Device Industry
May 11th, 2009. By Evelyn Pringle
On May 5, 2009, New Jersey Attorney General, Anne Milgram, announced that the State had entered into a settlement agreement with medical device maker Synthes, Inc to resolve allegations that Synthes failed to disclose financial conflicts-of-interest among doctors who conducted clinical testing on its products.
In announcing the settlement, Milgram said it is vital that the medical device industry change the way it approaches clinical testing. “We cannot allow financial conflicts-of-interest to infect the clinical trial process. It is a betrayal of the public trust, and has the potential to jeopardize patient well-being,” she said in a press release. Read the rest of this entry »
Paying Out of Network the Aetna Way: How Out-of-Network Charges are Determined
May 9th, 2009. By LucyC
If you’re wondering how some of those big-name insurance companies figure out out-of-network medical fees, look no further than the Aetna website; better yet, read on—we did the search & click for you…
We blogged about the company Ingenix being a part of UnitedHealth. Aetna does disclose the relationship between UHC and Ingenix and the recent settlements with the NY Attorney General’s office. It won’t increase how much reimbursement you’ll get on your out-of-network medical expenses, but hey, at least they’re upfront about it. Read the rest of this entry »
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