Do you have a Veteran PTSD Claim? You may now…

October 27th, 2010. By Kristine B

On July 13, 2010, Veterans Affairs put in a new rule regarding Post Traumatic Stress Disorder (PTSD). This change to the rule could mean that you are now eligible to file a VA PTSD claim where before your claim was denied. Ben Stewart, attorney at Stewart Law P.L.L.C. explains the changes in this week’s Pleading Ignorance. 

“The new rule is a relaxation of the evidentiary standard for establishing in-service stressors for claims involving PTSD,” Stewart says. 

Basically, the new rules make it easier for veterans to prove they have a disability (specifically, PTSD) that was caused by stressors related to their service. So, veterans who were previously denied PTSD claims may now be eligible to file claims. 

How does the new rule make the claim easier for veterans? Prior to the rule change, veterans had to prove that they experienced a stressor that was related to hostile military activity. Now, they only have to show that their PTSD is linked to a “fear of hostile military or terrorist activity and is consistent with the places, types and circumstances of the veteran’s service,” (from a VA news release; 07/12/10). 

According to the American Forces Press Service, approximately 400,000 veterans currently receive compensation benefits linked to PTSD. Of those, approximately 70,000 were veterans of operations Iraqi Freedom and Enduring Freedom. 

For right now, however, the claims are not being applied retroactively. This means that you won’t receive benefits from the time your first claim was filed and denied. Rather, you have to file a second claim and the benefits will be applied from the date of the second application. That said, Stewart says he anticipates an appeal will be filed to determine whether the VA should be responsible for retroactive benefits in the case of PTSD. 

Stewart also alleges that the VA has used personality disorders to attempt to avoid paying claims of PTSD. They can do so because personality disorder isn’t considered service-related. 

“Personality disorders have been used by the VA to show that service people were not injured Read the rest of this entry »

The Mass Tort Muser Ponders Yaz Lawsuits

October 26th, 2010. By Mass Tort Muser

Yaz (and its sib, Yasmin) has been under fire over the past couple of years. Hell hath no fury, right? And there are definitely some women out there feeling a bit scorned by big pharma on this one…

But talk about the pendulum swinging back in the opposite direction. It wasn’t all that long ago that we (women, that is) were ecstatic that finally, yes finally, there was a mere pill—such a teeny tiny helper!—that could save us from unwanted pregnancy and that God-forsaken monthly interruption—cramps and all. (Insert a “Right-on!” shout-out to Ms. Steinem, women’s lib and a few burnt bras…).

Fast-forward almost forty years…and the pill delivers zit relief, too—our cup runneth over! Breakout banisher is basically how Yaz positioned itself on center stage of the contraception market—and how it netted not only a whole new generation of pretty young things as groupies but also a wrist-slap from the FDA. Seems telling women about how clear their skin would be without telling them about potential little side effects like deep vein thrombosis or perhaps the need for gallbladder surgery wasn’t such a slick marketing move. At least they didn’t try to get shelf space next to Clearasil.

But you know all that. And here’s where the musing and pondering kick in…

Given what’s been going on with Yaz, you may be wondering why on earth there isn’t some big brouhaha going on—you know, one of those class actions. It seems whenever there’s a product—be it a lawnmower, Expedia.com’s hotel reservations, or Similac baby formula—that doesn’t do what it says it will do or causes undo harm, there’s a class action. So, what’s up with Yaz? Where the heck is my “opt in” claim form? Was I not invited?!?

Let’s look at how some of the details rack up: indeed, lots of women allege to have been harmed by Yaz—enough perhaps to even be considered a “class” or at least a sizeable cocktail party. And possible Yaz side effects are numerous—and not just your run of the mill “honey I’ve got a headache gonna lie down” type. No, these are biggies: gallbladder problems, deep vein thrombosis, pulmonary embolism, heart attack, stroke… Keep in mind, too, the women getting Yaz prescriptions filled are, obviously, within child-bearing age, so they’re younger—not the typical age-range for heart attack or stroke, for example.

So why not a Yaz class action? Why not a little “you may be part of a Yaz lawsuit” postcard in the mailbox or a full-page ad of legalese in People magazine? The answer is because Read the rest of this entry »

How ’bout a Side of Mega Death with that? It’s Tortelicious…

October 26th, 2010. By LucyC

Some like it hot—and others—well…How hot is hot? A couple in Tennessee are so heated up about an incident that landed their son in hospital that they’ve filed a lawsuit. 

In October 2009 the Ganns went to a Steak ‘n Shake restaurant with their son—a minor—who ordered chili—which tends to be hot. But maybe not hot enough. So, the boy was also given hot sauce to liven up the chili—just in case. Problem was that the sauce the boy was given wasn’t the ‘usual’ sauce the boy was given—if you know what I mean. 

Sadly, this stuff had a little too much kick and the boy ended up in the hospital—he had difficulty breathing and suffered hives, severe pain and inflammation of his digestive system. Yikes! 

The Ganns claims that the employee who served them failed to warn them about how hot the hot sauce was. But the name of the sauce should have been a bit of a giveaway—it was “Blair’s Mega Death Sauce.” Hello! I think given that name the boy was lucky to have escaped with his life.

By the way, if you’re trying to gauge just how hot Blair’s is, one vendor states Blair’s should not be used undiluted given it packs a punch “500 times greater” than your average jalapeno.

Ahh…long live pizza margherita… 

Duck, Duck, Gooses? And this is a little worrying, on several levels. A young mother from Pennsylvania who took her children to Disney World in Orlando, Fl, is suing Disney over Donald Duck’s interpretation of “Hello”. 

She took her kids to Disney World, as millions of parents do every year, for a chance to have some good clean fun. As I understand it, never having set foot in the place myself, that typically involves close encounters of the fluffy kind—you know— warm fuzzy welcomes from larger- Read the rest of this entry »

New Off-Label Use for Botox: DUI Defense

October 25th, 2010. By janem

Barbie has trouble with breathalyzers, too!

No one expects to get caught drinking and driving, but as a precautionary measure you might want to consider getting Botox treatments, well maybe not… Anyway, it worked for a woman in Vancouver, BC who used the Botox defense during her trial on a charge of refusing to give a breath sample in provincial court.

Paddi Anne Moore, 51, was given four chances to blow into a breathalyzer the night she was pulled over. The equipment failed to record a sample because she couldn’t wrap her lips properly around the roadside device: apparently, the Botox had frozen her face. It didn’t stop Ms. Moore from talking though: she acknowledged to Cpl Fred Harding, the cop who pulled her over, that she had indeed been drinking alcohol that night. “If you can speak, you can inhale some kind of air from your mouth,” said Harding.

Judge Carol Ellan didn’t see eye to eye, or should I say, lip to lip, with Harding. She dismissed the charge against Moore, much to Harding’s chagrin.

“I’ve never seen anyone who had the gall to go into court and say Botox was their defence,” said Harding, who might want to consider a few rounds of Botox for another off-label use: headaches! He also said that the Botox defense could open up a new set of defenses for drunk drivers to beat the charge. “The absurdity is hard to fathom.”

I’ve gotta hand it to Ms. Moore—she did her homework before representing herself during the trial. She had her Mexican Botox doctor write a letter, which she handed to the judge in court. He wrote that, “the physical effects of Botox injections to the upper lip and mouth area is that the patient is unable to purse [her] lips or whistle… and it is not uncommon for someone to be unable to wrap their lips around a straw or wide circumference such as a breathalyzer blow apparatus” for up to six months.

Bradshaw & Bryant: Stopping DUI One Taxi Ride at a Time

October 25th, 2010. By BrendaC

This new column at LawyersandSettlements.com looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we talk with Mike Bryant of Bradshaw & Bryant…

Attorney Mike Bryant on Giving Back: “It’s Just the Right Thing to Do.”

Attorneys often see, close up and personal, the tragedy that results from drunk driving. Five years ago, a Minnesota firm decided it would pick up the tab for people who needed a ride home from a bar during the first two weeks of the New Year. “Yes, it is expensive,” says Mike Bryant, an engaging, warm kind of guy and a partner in the four-lawyer personal injury firm of Bradshaw & Bryant.

Minnesota Attorney Mike Bryant

“We pay for a couple of hundred rides during that period, but I like the idea of doing it,” says Bryant. “It’s just the right thing to do.”

The public has become increasing unsympathetic to people who drink and drive, and with good reason. “It creates a mess,” says Bryant, speaking about drunk drivers. “And it also affects their families, maybe their ability to earn a living, and if they are involved in an accident where people are injured or killed, it’s a disaster.” 

The firm has handled many cases involving alcohol and catastrophic injury. “We have seen the effects that criminal charges have on people charged with driving under the influence (DUI), and we have also seen people who have been injured as a result of accidents involving alcohol,” says Bryant. “It is horrible all around.”

“I’ve had people phone me up and thank me, and taxi drivers like it too. They say they get better tips,” adds Bryant.

For the first year, Bryant’s firm paid for New Year’s Eve plus the next two weeks of cab rides, but the cab company said most people take care not to drink and drive on that particular night of the year because they know the police are watching.

“The problem is after New Year’s Eve,” says Bryant. “There are a lot of office parties, people having “get- togethers,” and that’s when they make mistakes. So we now pay for the two weeks after New Year’s Eve.”

Bryant says the free taxi rides at New Year’s have been a local tradition in the community. “There was another company that did it, but they stopped. We decided to jump in. We do it in conjunction with the radio station and the cab company, but we foot the bill,” says Bryant.

Interestingly, Bryant says the statistics show that Thanksgiving is actually when police find the most drunk drivers on the road. The firm is thinking about adding a few extra days during that time of year. 

Mike Bryant is a partner with Bradshaw & Bryant. He is a graduate of the William Mitchell College of Law, St. Paul, Minnesota. He has been named by his peers as one of Minnesota’s top 40 personal injury lawyers four times in five years.