Posts Tagged ‘lawyer’

Over The Counter Remedies

Saturday, November 10th, 2012

By Robert A. Schwartz

Managing Attorney, Pharmaceutical Litigation

Robert A. Schwartz - Managing Attorney, Pharmaceutical Litigation

Over-the-counter (OTC) or nonprescription drugs are those that are deemed to be “safe and effective” for use without treatment or prescription by a doctor. There are over 300,000 OTC drugs. Since it is not required that the Food and Drug Administration (FDA) approve over-the-counter drugs, the manufacturer only has to make sure the drug’s labeling is consistent with the established, standardized format for the OTC drug labeling. The FDA does monitor the labeling for compliance. So, without a mandatory, pre-approval process to determine if the product is, in fact, safe and effective, the FDA can only monitor reports of adverse events related to OTCs.

On September 13, 2012, the FDA alerted the public about reports it had received regarding serious burns caused by topical (applied to the skin’s surface) muscle and joint pain relievers. In this particular instance, the FDA records showed 43 reports of such cases. Typically, these items take the form of creams, lotions, ointments and patches, and are marketed under brand names such as Bengay, Flexall, Icy Hot and Mentholatum. The majority of second- and third-degree burns occurred with the use of products containing menthol as the single active ingredient and products containing both menthol and methyl salicylate, in concentrations greater than 3 percent menthol and 10 percent methyl salicylate.

Skin reactions such as those that made the basis of the FDA’s September 13, 2012, action can be so serious that they require hospitalization. The two main injuries are Stevens-Johnson Syndrome (SJS) and Topical Epidermal Necrolysis (TEN), and they are no different from and require the same medical treatment as any other second- and third-degree burns. The injuries and treatments are extremely painful, and usually the injury will result in scarring on the affected areas.

If you have been diagnosed with a Stevens-Johnson Syndrome or Topical Epidermal Necrolysis injury from over-the-counter drugs such as Bengay, Flexall, Icy Hot or Mentholatum, you may be entitled to compensation. Call Bailey & Galyento discuss your legal rights and potential claim.

 

 

 

U Visa For Victims of Crimes

Sunday, May 15th, 2011

Michael J. Spychalski

The U visa is designed for noncitizen crime victims who have suffered substantial physical or mental abuse flowing from criminal activity and have cooperated with government officials investigating or prosecuting such criminal activity.  To qualify for a U visa, a noncitizen must: 1) Show that he or she has suffered substantial physical or mental abuse as the result of one of the following forms of criminal activity:U Visa Immigration Lawyers

Rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes;

2) Show that he or she possesses information concerning the criminal activity; and

3) Provide a certification from a federal, state, or local law enforcement official prosecutor, judge, or authority investigating criminal activity designated in the statute that states that the U visa applicant is being, has been or is likely to be helpful to the investigation or prosecution of designated criminal activity.

Spouses, children, and parents, are not derivatives but must self-petition themselves.  There is a slightly higher standard for approval.  A designated government official must certify that an investigation or prosecution would be harmed without the assistance of the qualifying relative, and the Department of Homeland Security must determine that the qualifying relative would suffer extreme hardship if he or she does not receive a U visa.

 

It is possible to qualify for lawful permanent residence if they were admitted under a nonimmigrant status such as a tourist visa; did not participate in Nazi persecution nor engage in genocide; have been physically present in the United States for at least three years since receiving their U visas; and humanitarian grounds, family unity, or the public interest justify their continued presence in the United States.

If you know of anyone who might qualify under a U visa, please feel free to contact our office.

Michael Spychalski
Dallas, TX 

Phone: 214-252-9099Fax: 214-520-9941

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Texas Immigration Attorneys: Michael Spychalski

 

 

Save Your Home and Avoid Foreclosure Using Bankruptcy

Friday, March 25th, 2011

During this era of record-high home foreclosure and unemployment rates, many Americans are behind on their mortgage payments and are understandably concerned about losing their family home.

 

Many families who are facing foreclosure find that either their mortgage company will not work with them to stop a foreclosure, or wants a very large cash payment in order to modify their mortgages. Unfortunately, the federal government’s loan modification program has been a dismal failure, with few distressed homeowners finding any relief.

Under current bankruptcy laws, however, an individual or family may be able to stop the foreclosure of their home. Many individuals and families are able to save their homes from foreclosure by filing for Chapter 13 bankruptcy, which is debt reorganization under bankruptcy law. In most cases, filing for Chapter 13 stops the foreclosure process, preventing eviction and giving the homeowner time to file a plan to reorganize his or her debts. Without the looming threat of foreclosure and eviction, homeowners can work with their attorneys to create a plan that allows them to affordably reorganize their debts and save their homes.

Chapter 13 allows the homeowner to create a plan to repay the house payments that were missed prior to bankruptcy over three to five years. If the homeowner has fallen behind on property taxes, the property taxes can be paid over time under the Chapter 13 plan as well. Normally the homeowner makes one payment to a court-appointed trustee, who pays pre-filing debts included in the plan from the payment. After filing for Chapter 13, the homeowner then resumes making the regular monthly payment on the home, while the arrears are paid to the mortgage company through the trustee.

Chapter 13 can make it easier for a homeowner to resume making house payments by restructuring other debt as well. Credit cards, medical debt, personal loans and other unsecured debts can be paid through the plan, but may not have to be paid in full, depending on the homeowner’s income and family size. Many chapter 13 filers pay only a small percentage on these debts, with the balances being “discharged” or forgiven by the court when the plan is successfully completed. Some car loans can be restructured to reduce the balance of the loan to the value of the vehicle, and to reduce the interest rate.

For additional information about us and the benefit of retaining our services, please visit the Benefits of Retaining Bailey & Galyen page.

To discuss your bankruptcy matter with a Texas consumer and business bankruptcy lawyer, please call us toll free at 877.345.6767 (DFW area), 866.715.1529 (Houston area) or 866.678.1900 (South Texas).

Bailey & Galyen Attorneys at Law