Separated at Birth? Asbestos News Roundup has Whistleblower Company

October 15th, 2010. By AbiK

Things that make you go hmm.

Having a C+C Music Factory moment here as I read an email—or more to the point—the link on the email that a colleague just sent over to me. Here’s the screen capture of the link:

The title is, dare I say, strikingly similar in style—hell, in just about every way!—to our very own Asbestos News Roundups. Well, I suppose it’s a case of great minds think alike (for the record, yes, we launched first). Regardless, the Government Accountability Project (GAP)—which has been around since 1977—does some good work in promoting corporate and government accountability. So we’re happy to be on the same wavelength…

By the way, if you’re in Washington this weekend, GAP posted that the Whistleblower Film Series will kick off on Saturday as part of the DC Labor FilmFest. Check it out if you’re in town. Details can be found here.

Asbestos News Roundup: 10.14.10

October 14th, 2010. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. 

Asbestos Lawsuits 

St. Clair, IL:  Four new asbestos complaints were recently filed in St. Clair County Circuit Court, adding to the already extensive list of asbestos-related claims filed in that county. 

Among them, John E. Collins filed a lawsuit against 39 defendant companies. The suit claims that he brought asbestos fibers home with him after his work as a laborer in the shipping and maintenance department at Kimberly Clark from 1952 until 1963, as a laborer in the shipping and maintenance department at Great Southern Paper Co. from 1963 until 1975 and as a supervisor in the shipping department at Virginia Fiber from 1975 until 1979. By bringing clothes home with asbestos fibers on them, he accidentally exposed his wife, Juanita C. Collins to asbestos, according to the complaint. 

Juanita C. Collins developed lung cancer which resulted in her death October 2008. The suit claims that her illness and subsequent death resulted from her exposure to the asbestos fibers. 

John Collins is seeking $150,000 for economic damages, $50,000 in punitive and exemplary damages, $100,000 in compensatory damages, punitive damages in an amount sufficient to punish Sprinkmann Sons Corporation and Young Insulation Group to deter them from their misconduct and a judgment for more than $150,000. 

Charles Lewis Jr. and Bobbie Lewis are also among the four new suits filed. They have named 29 defendant companies and allege that Charles Lewis Jr. claims developed lung cancer after his work as a loader at Cole Manufacturing in the early 1970s; as a loader at Three State Supply from 1975 until 1977; as an iron worker at LaClede Steel from 1974 Read the rest of this entry »

There Will be No Lawsuits in Chile

October 14th, 2010. By Hunter West

We’ve all been enthralled, inspired, mystified while watching the successful rescue of the 33 Chilean miners unfolding on our television screens this week. It’s a compelling story that is ready-made for Hollywood—and you want to bet it will be a movie and a series of books, the options for which have already been hammered out. It would make for a worthy introductory movie for Oprah’s OWN network when she launches next year. 

The point is, an event that could have ended so tragically—didn’t. The grace of God has to certainly be a factor. So is luck. The president of Chile called it a miracle, and of course he is right. But the Chilean government and the mining authority did so many things right that by the grace of God and Lady Luck, they pretty much guaranteed a good outcome. 

Miracles can, and do get helped along by good planning. 

Compare what we have just witnessed on TV screens around the world to some disasters on our own shores—or just off them—that didn’t need to happen but did because someone, somewhere cut corners. 

Look at the BP oil spill. Of course, there is inherent risk with any drilling attempt. But oil drilling R&D over the years has come up with a series of checks, balances and safeguards that serves to minimize that risk. In the BP case it is alleged and widely believed that a number of those safeguards were skipped in the interest of haste and cost. A final inspection that would have identified deficiencies leading to a catastrophic failure, was called off. The inspection team was on the Deepwater Horizon, ready to go, when they Read the rest of this entry »

Wellbutrin Woes

October 13th, 2010. By janem

After experiencing severe Wellbutrin side effects, Simon says he “can’t leave the freakin’ house anymore,” and he is going to research every medicine before taking it. “I knew Wellbutrin was a big problem because I never shut myself away from my family before,” says Simon, who has suffered from bi-polar disorder all his life but believes that Wellbutrin made him worse. Fortunately, Simon realized “not to take everything your doctor tells you to take.”

“I took control of the situation because some doctors seem to dish out meds whether it helps you or not. Sure I have medical issues but they can get worse if you aren’t pro-active.”

WebMD has listed 55 side effects associated with Wellbutrin (!), including chest pains and anxiety—the latter two symptoms that Simon experienced.

It also instructs you to ” call your doctor at once if you have any new or worsening symptoms such as: mood or behavior changes, anxiety, panic attacks, trouble sleeping, or if you feel impulsive, irritable, agitated, hostile, aggressive, restless, hyperactive (mentally or physically), more depressed, or have thoughts about suicide or hurting yourself.” Trouble is, patients who are suffering from severe Wellbutrin side effects such as suicidal thoughts or anxiety are often too distressed or do not have the wherewithal to call their doctor. Luckily, Simon can function with his disorder, now that he is off Wellbutrin, and he is candid about it.

Simon says he had a lot of tragedies happen to him as a child, mostly sexual abuse. “I have big trust and anger issues  with people but lately I have been living with a friend, a clinical therapist, who has helped me work on a lot of issues and I’m finally opening up,” he explains.

Before taking Wellbutrin, Simon was doing great on lithium, ” but it caused my hands to sweat all the time, so my psychiatrist switched me to Wellbutrin, then I soon got chest pains and pain in my left arm. I didn’t like the way the med made me feel so my doctor lowered the dosage. But I barricaded myself into the house and being around people gave me anxiety attacks—for the first time ever.

I am positive that these symptoms were Wellbturin side effects because I was on no other med. I started off with 75mg per day and that is a high dosage.  My psychiatrist should know—does she even read up on the side effects? She never told me that Wellbutrin can cause people to commit suicide. I started spazzing out when I found out…

I took Wellbutrin for almost four years and complained to my doctor about these side effects just a few months after taking it.  All that time she just kept lowering the dosage but it didn’t work.”

Simon says that his doctor finally suggested he take another medication. But why did it take four years to switch meds? He is now taking Seroquel at night and another anti-depressant during the day.  He stopped taking Wellbutrin about 4 months ago and reports that his chest pains went away about one month later. But the anxiety attacks remain.

” I don’t work or socialize with my family. I can only socialize if I take a lot of meds, and who knows what side effects that will create…”

Regarding anxiety, the Wellbutrin maker says: “Like many of the antidepressants, bupropion [known as Wellbutrin, Zyban, Voxra, Budeprion, or Aplenzin; formerly known as amfebutamone] is associated with the potential risk for causing anxiety as a side effect. How common or severe this anxiety is remains to be fully discovered. Some studies show that it has similar anxiety side effects to the SSRI antidepressants, while others show an elevated risk for extreme anxiety.”  Simon says he was never aware of Wellbutrin ‘s link to anxiety. He is likely not alone in not knowing…

VA Claim Denied? Attorney Ben Stewart Gives Advice

October 13th, 2010. By Kristine B

Just about anyone who’s a veteran has had a Veterans Affairs claim at some point in his or her life. Those who haven’t filed a claim likely will at some point in the future. And yet, despite the claims process being somewhat simple, the appeals process can be complex, and if your claim is denied, it’s good to know what rights you have. 

Today, Pleading Ignorance looks at how to file a VA Claim—and what to do if it gets denied. We asked attorney Ben Stewart of Stewart Law, P.L.L.C. for some pointers.

So, to start, let’s assume you’ve filed your VA claim. Once you’ve filed that paperwork, the VA will make a decision about what benefits will be provided to you, if any. So far, so good. 

What to do if the VA Denies your Claim

But, if the VA denies all or part of your claim, you have options—three in fact:

1. Reapply for benefits

2. Request a review of the decision

3. File an appeal 

While you can try to reapply for benefits or request a review of the VA’s initial decision on your claim, you may have more success if you file an appeal. If you appeal the decision you may want to have a lawyer help you. This is because a lawyer who is experienced in veteran claims will know the applicable regulation that can be used to overcome a denial. The lawyer can also represent you in a hearing before the VA appeals board. 

Making things complex is that laws concerning veterans’ benefits are constantly changing. Some of those changes are retroactive and some are only applicable from the date they are put in place. With retroactive changes, you may have previously been denied benefits for a specific condition but can now reapply and receive back benefits from the date of your previously denied claim. 

When the changes are only applicable from the date they are put in place, it doesn’t matter if you previously met the new requirements for benefits, you won’t receive back benefits. But, you may still be eligible to start receiving benefits from the point the regulation was changed going forward. 

For example, the VA has recently relaxed the rule for establishing claims of veterans post-traumatic stress disorder (PTSD). The move makes it easier for veterans to prove they have a disability due to service-related stressors. Veterans who did not qualify for PTSD benefits before, or who were denied benefits under previous rules, may now qualify. But, they will not receive benefits retroactive to their first claim. Rather, they will receive benefits starting from the date of the application filed after the rule change. 

Furthermore, some changes in benefits related to Agent Orange use in Vietnam will be retroactive to the filing date, meaning veterans should file their claims as soon as possible. 

“File now,” says Ben Stewart, attorney at Stewart Law, P.L.L.C. “Even if your claim is denied, you can start the claims period. That way, if it is accepted later, your benefits will go back to the original date when the claims were denied.” 

New medical conditions added to the list of those linked to Agent Orange include heart disease, Parkinson’s disease and B-cell leukemia. 

“There are new regulations all the time, that’s why veterans should consider a veteran’s benefits attorney who has been tracking changes in the law and advocating for veterans,” Stewart says. 

J. Benton Stewart II, attorney at Stewart Law, P.L.L.C., is an experienced prosecutor, municipal magistrate and civil trial lawyer. Stewart Law specializes in the following areas of practice: Professional Negligence, Legal Malpractice, Securities Litigation, Class Action Litigation, Products Liability, Personal Injury and Wrongful Death.