Manx Property

Caught in the Middle

Congenital Scoliosis and Depakote

Posted By on Jun 13, 2015

There are many developmental abnormalities associated with Depakote (valproate sodium) because it was widely used by pregnant mothers to control epileptic seizures and migraine headaches before it became widely known that valproic acid is a teratogenic (interferes with fetal development) agent. One of these may well be congenital scoliosis.

Adults can develop scoliosis because of their lifestyle or genetics. Babies born with congenital scoliosis had no chance to prevent it because it is a deformity of the spine due to the improper formation of the vertebra. The formation of the vertebra occurs in the first trimester of pregnancy, and the cause is unknown. There does not seem to be a genetic reason for it. Congenital scoliosis may become apparent immediately or within the first two years, but for some children it may manifest when they enter their adolescence.

There are different types of congenital abnormalities of the spine, depending on the location and part of the vertebra affected. Scoliosis usually affects the whole spine or several vertebra. The most common kind of scoliosis (the spine curves to the right or left) is when one half of the spine develops, but not the other half. This is called hemivertebra. Another type of scoliosis when three or four vertebra is fused together. In either case, it affects the natural elongation of the spine upward. This can lead to mobility problems, and puts pressure on other body structures such as the joints and tendons as they compensate for the lopsidedness of the spine. According to the website of Williams Kherkher, the long-term effects of these abnormalities are far-reaching, affecting not only the child’s physical health, but also social, emotional, and psychological development.

The link between congenital scoliosis and Depakote is indicated rather than definite. However, researchers believe that interrupting the development of the fetal on the cellular level is one of the factors for structural defects such as congenital scoliosis. It would be reasonable to suspect that Depakote may be a contributing factor. If you believe that the teratogenic effects of Depakote may have adversely affected you or your child, you could consider bringing your suspicions to a Depakote lawyer.

Read More

The Toxic Substances Control Act lists polychlorinated biphenyls or PCBs among several other chemical substances that require strict regulation. Despite their wide use between the 1920s until the late 1970s, Monsanto BCPs have been found to have dangerous effects to human health and the environment. One particular consequence of PCB exposure is the damage it can cause to the reproductive system.

According to the International Programme on Chemical Safety, various scientific studies have found that PCBs cause significant effects on the fertility of women who have consumed contaminated fish. A specific study on a small population of New York women showed a significant decrease in conception for those who regularly ingested fish that have been caught in a local water source known to have been contaminated with PCBs. For men, the effect of PCB exposure resulted in a lower sperm count.

There are other reproductive effects caused by PCB exposure aside from issues with fertility that has been pointed out in the studies cited. PCBs can also have significant detrimental effects during a woman’s pregnancy. In particular, PCB exposure can result in complications with the growth and development of a fetus. The International Programme on Chemical Safety also cited a study where researchers observed women who consumed fish contaminated with PCB from Lake Michigan. After a 6-year period observation, the researchers found that PCB exposure can lead to shorter pregnancies, as well as lower birth weights and smaller head circumferences for the babies.

Aside from reproductive complications, prolonged PCB exposure can also cause significant effects on other vital human systems. In particular, PCBs can cause notable medical conditions to the immune, nervous, and endocrine systems. The Environmental Protection Agency also classifies PCBs as a probable human carcinogen. PCB exposure can also lead to other detrimental health conditions such as liver damage, high blood pressure, and increased serum levels.

Read More

Knowing who owns the mineral rights in your land is very important especially if the land is producing profit. Mineral rights can be divided into two: mineral rights and surface rights. It is therefore vital for the landowner to determine who owns the mineral rights because it is the he or she who will get the profit from the minerals harvested from the land, and unless the owner wants to sell mineral rights to other people, they will still be the person whom the oil and gas companies will seek in order to sign the oil and gas lease.

It is fairly easy to determine who owns the mineral rights and who owns the mineral rights in a patch of land: you can start by going to your county clerk’s office which offers free information, or you can consult with a private abstract office for a certain amount of fee. They will help determine where your land is located as well as all the necessary information regarding all the land records filed that is connected to your property. The “chain of title” lists the records of the ownership of the mineral rights through the years and should include all the conveyances that could affect the property, such as tax sales, mortgages, divorce settlements, liens, and many more.

The mineral rights owner or the landowner should know or at least have an idea which of the records shows the transfer of ownership of the mineral rights and which transactions transfer only certain rights. It is very unlikely that all the minerals under the land you own has been owned by one party or has always been owned by the same party, especially since the rights can be split off. Because it is very difficult to keep track of the “chain of titles”, attorneys, landmen, and other professionals are paid in big amounts to research and prepare mineral ownerships and title opinions. If you are unable to understand the title conveyances on a professional level, it is advised to hire people who could do the research in order to have an accurate document.

Read More

The Help You Need, The Help You Deserve

Posted By on Feb 16, 2015

One of the most devastating news to receive is to be suddenly given the diagnosis that you have cancer. Highly regarded as one of the most life threatening diseases one could have, the effects it can have on your life and the lives of your family could be incontrovertible. Treatment of cancer is also known to be extremely expensive and the medical procedures that it demands are complicated. It is one of the worst situations to be in – which is why it is of the utmost importance to pursue legal action if it can be determined that your illness was caused by a secondary party.

An example of a similar case where you might be eligible to hold another party as accountable for your illness is if it can be proven that your present condition was caused by a defective pharmaceutical, i.e. Actos and bladder cancer. According to information taken from the website of Williams Kherkher, many have regarded Actos to be a safer option to Avandia, both popular drugs used to treat Type 2 diabetes, the most common type of diabetes found in the United States. As this kind of diabetes can happen to anyone – though some parties might be at more risk than most – it is imperative that the medication used to treat it is safe and promises no such devastating side effects that merit additional medical procedures and expenses like that of cancer. That is why it can merit legal action as the damage sustained due to taking the drug is far more severe than the disease it was intended to relieve.

If you or someone you know has been diagnosed with bladder cancer and believe it to have been caused by the intake of Actos, the victim will need to acquire legal aid with both the technical expertise in a court of law as well as sufficient, efficient knowledge of the medical procedures and knowhow involved in order to properly represent the plaintiff in a court of law. The right kind of representation can gain due compensation and only the best kind of help – which is the one you so rightly deserve.

Read More

Aviation Accidents

Posted By on Dec 3, 2014

Despite being deemed as one of the safest mode of transportation in the world, air traffic still has significant numbers of accidents that resulted to several personal injury claims and even fatalities. Because many of these aviation accidents only happen to smaller planes or with minor injuries, they often go unreported in the news. However, they are still important information can be useful in personal injury claims.

According to the website of the Seegmiller Law Firm, aviation accidents are covered by aviation law which includes major air carriers and general aviation. Aviation accidents occur due to a number of factors, such as pilot errors, equipment failure, faulty design or structure, violations of the Federal Aviation Administration regulations, and negligence (on the part of the flight service crew, air traffic controllers, or a third party’s selection of a carrier.) Depending on who or what caused the accident, the defendant in your personal injury party can vary. Because aviation law is complex and can potentially involve state, federal, and even international laws, consider hiring a Houston personal injury lawyer when thinking of going to court. Several laws can come into play that would affect your claim, and self-representation may not be enough to win the case.

Air travel and investigation are monitored and regulated by two federal agencies: the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) and these two federal agencies’ rules and regulation will also affect the personal injury claim. Although claims may differ in a case-to-case basis, personal injury claims generally are based on negligence, product liability, or both. The damages will depend on what each jurisdiction would allow to award, and caps or limits on the amount of compensation can also be implemented. A number of factors would come into play that would affect the outcome of a personal injury claim after an aviation accident: the defendants, venues, the airplane engineering, industry standards, and rules and regulations implemented by the federal government. In order to have a strong case after being injured in an aviation accident, consider hiring an aviation accident lawyer.

Read More

Returning to Work after an Injury

Posted By on Dec 2, 2014

In order to return to your previous job after being injured in an accident, you may have to be asked to take a functional capacity evaluation or FCE. This is a set of tests, observations, and practices that would used to help determine objectively your capacity to function in a number of circumstances; it is generally used for employment purposes. In purposes of employment, the FCE is vital in evaluating your capacity to work and would be one of the bases for possible reassignment, rehabilitation or other options that the company may decide on.

According to the functional capacity evaluators at WorkSTEPS, FEC does not only measure your physical capacity. Present FEC exams also often include mental and psychological examinations as well. It will help establish whether you are ready to return to the same type of job you had, or you will require reassignment or further rehabilitation. It will also be useful in determining the possible goals for rehabilitation or readiness for discharge planning, the possibility of safely returning to work, possibility of worker’s compensation benefit settlement, and check the ability to perform the demands of the job, among other things.

Many companies often asked for an FEC from their workers before they are permitted to return to work, and many insurance companies will withhold benefits until after an FEC result has been provided. Because FEC can be used to determine a worker’s eligibility for disability insurance or pension, you should be aware that physicians can be influenced by FCEs and can change their diagnoses.

As for veterans’ disability benefits, aside from the requirement of service and active duty, medical evidence that would relate the injury/disease to the disability is necessary. Many veterans’ disability benefits have been wrongly denied because of such technicalities and lack of evidence, therefore it would be better to consult with a San Antonio Social Security lawyer who could help gather evidence and is familiar with the legal process of claiming veterans’ disability benefits. Remember, this process is specific to veterans who have become disabled as a result of their military service and is not available to non-veterans.

Read More

Workplace discrimination is one of the problems that many people in the United States are dealing with, which can be surprising seeing that the country is a very diverse country. Many minorities still suffer from discrimination in the workplaces, and despite laws protecting employees, the problem still exists. In order to protect employee rights, the employment discrimination law has been made and is implemented to provide equal opportunities for every worker and to protect their rights in the workplace.

The Civil Rights Act of 1964, Title VII is the foundation of employment discrimination law. This law covers discrimination against age, gender, race, color, or national origin, and other subsequent classifications. One such classification is the gender orientation or gender identity. Those in the LGBT (lesbian, gay, bisexual, and transgender) community are protected by the workplace from any type of discrimination, and already several (but not all) companies and states have policies and laws protecting the LGBT from discrimination. According to the website of Cary Kane, even though there are state and company policies that prevent sexual orientation and gender identity discrimination in the workplace, protections are limited in the national level and presently there are no federal law that consistently covers for LBGT rights in the workplace.

In order to push for equal rights for the LGBT community, the Employment Non-discrimination Act or ENDA is being pushed in order to grant all Americans basic employment protections against discrimination due to unreasonable prejudice. It would provide protection against preferential treatment and quotas. It will not also allow distinct impact suits, and exempts small businesses, the military, and religious organizations.

The ENDA was introduced in the 113th Congress in the House of Representatives in April of 2013, and was approved by the senate in November, 2013. Presently, there is a further appeal to the US President encouraging him to enact the protections that ENDA gives through an executive order.

Read More

Dram Shop Liability Laws

Posted By on Nov 28, 2014

A person who has been injured after a drunk driving accident has the legal right to file a personal injury claim against the drunk driver. However, there are other people that can be held liable for the accident, namely the person or establishment that served the alcohol drinks to the intoxicated driver. There are cases where you (the victim) can make the bar owner responsible for the damages caused by their intoxicated patron after a car accident.

According to the website of the Sampson Law Firm, the Dram Shop Law is a law practiced in 38 states of the US which makes a business, establishment, or host who serves alcohol to a patron or customer who is already intoxicated or almost intoxicated liable for any damages that the intoxicated person caused. There are two ways that the dram shop law can be used. First party dram shop cases are those where the plaintiff is the intoxicated driver who was served alcoholic drinks. This type of dram shop claim can be very difficult to prove in court, as juries tend to believe that people should be responsible for their actions. Many states are already barring first-party dram shop claims, and only one exception can be taken: if the establishment or bar served alcohol who was then involved in an accident, they can be held liable for the damages.

Third party dram shop claims are cases where the injured party (of the drunk driver) is the one who filed a claim against the bar or establishment. This may be a more successful claim, and just as with any personal injury claim it is important to prove that the negligence of the bar or establishment has led to the reckless behavior of the driver and to the resulting accident. On its website, the injury law firm Ritter & Associates states that dram shop laws define three essential factors, namely: the legal principle that plaintiffs are required to meet, the essential evidence in the dram shop case, and the cap for damages in dram shop claims.

Since each state can have their own laws regarding drunk driving and dram shop laws, it is important to talk with your lawyer regarding notice requirements and statutes of limitations regarding your case. It is typically 60 days after the accident to send a formal written notice to the bar or establishment owner if you are planning to file a claim. Consult with your lawyer regarding state laws that can possibly affect your case.

Read More

Divorcing an Abusive Spouse

Posted By on Nov 27, 2014

Domestic violence has a significant impact on family law, and has been grounds for many divorce and child custody claims. It is the courts’ duty to protect the abused spouse or partner and their children from further dangers. Domestic violence is defined as the abuse of one partner against another, whether it is physical, emotional, psychological, or financial abuse. Although it often results to the abused partner to file for divorce, domestic violence can also be triggered by the divorce. If you are victim of domestic violence and are in the process of divorce to get child custody, there are some things that you can do help you make a smoother transition.

If you are in the process of divorcing and are still living with the abusive partner, make sure to record complete records of any abuse: take note of the date, time, place, and type of abuse, and the injuries that you and your children suffered along with the description of the event. These records can be presented as evidence in court and to the judge to help protect you and your children from the abuse of your partner. Next thing is to plan ahead when moving out. Save some money (preferable outside of your house) and find shelter with someone that your abusive partner will not have immediate access to. Securing a safety net when you have decided to move out is vital for you and your children’s safety, especially since this is the most dangerous time during the whole process.

In emergency cases where you and your children have to leave home immediately, it is vital to go to court to get an emergency protective order. According to the website of the Law Offices of Daniel Jensen, P.C., this would help you win custody of the children and would prevent your abusive partner to come close to you. The protective order is part of the custody, and you may be charged with kidnapping if you do not have it. Also, understand that this emergency protective order is temporary, and that arranging child custody will be part of the divorce process.

It may be more challenging to go through divorce and child custody battles when domestic violence is involved. Hire a lawyer to help provide legal guidance and protection, as well as aid in the transition away from the abusive relationship. Find a trusted family lawyer who can provide the right choice for you and your kids safety and wellbeing.

Read More

Facing DWI Charges

Posted By on Nov 26, 2014

Defendants who are facing criminal charges are always better off hiring a lawyer to help them protect their rights. Although it is possible for defendants to represent themselves in court, they can be putting their freedom in danger. Self-representation in court during criminal charges is different from what is written in the books and when practiced in court. Hiring a good lawyer will help you understand your rights in the different stages of the criminal process, they are essential in gaining a plea bargain, charge dismissal, or reduced jail sentence.

It is always a serious matter when you have been charged by a crime, regardless of whether it is a major or minor offense. A DWI felony charge can have a devastating and lasting effect to your life as a major criminal charge. Having an Austin DWI lawyer is vital in a number of ways, such as explain to you the nature of the charges and provide possible defenses, options for plea bargains that may be offered, and the possible situations that may arise after the trail or conviction is made.

According to the website of the Law Offices of Kyle Sampson, in cases of DWI charges, it is best to hire an in-state lawyer because they specialize in laws particular in that state. It would also be better to find a lawyer who concentrates on one particular type of case, someone who is willing to spend the necessary time to understand and learn more about your particular case and focus on your defense.

Read More