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Brand or Generic Medicine: Does it Matter? Yes! If You’re in the Hospital


Ask Carrie Scott if brand or generic medicine makes a difference.  Unfortunately, she learned the hard way, and not only did it cost her, a left arm, but also malpractice and punitive damages as a result of choosing generic over brand in the hospital.

From a moral standpoint, the verdict is still out as to, at what juncture did the hospital staff ask her if she wanted brand or generic. Can you remember being admitted to the hospital for any kind of procedure and the staff asks you whether you wanted brand or generic medication?

Chances are, however, everyone that reads this article will be more informed in the future and will request only “brand medication” when going into a healthcare facility.

In 2208,  Carrie Scott , 78, went to  J. Paul Jones Hospital for rectal bleeding and woke up without her  left arm. Days later, she returned home in Camden, Alabama, with only one arm after a nurse administered the “generic form of Phenergan”, which “should be injected into a muscle, by IV, pushed into a vein.”

Carrie Scott, 78, sued the “generic’s manufacturer, Baxter Healthcare,” claiming that the instructions for injecting the drug left room for the hospital’s error, which led to the loss of her left arm to gangrene. “The manufacturer should have warned medical personnel how to properly administer the drug,” says Leila Watson, Scott’s attorney.

 But Scott’s lawsuit and nearly 50 others have been dismissed:

The U.S. Supreme Court ruled last June that “generic drug makers” cannot be sued under state law for failing to warn patients about a drug’s dangerous side effects as long as their labels follow those of the brand-name counterparts, as required by federal law.

 

That holds true even if a generic maker knows its label hasn’t been updated with newly surfaced safety problems.

Approximately, 76 percent of older Americans take two or more prescription drugs, 80 percent of which are “generic,” according to the Food and Drug Administration.

If Scott had been injected with the brand-name drug, she could have continued in her lawsuit. But it was not the case.

“I wish I had been able to check it out before they gave it to me,” Scott says, (which indicates to me that she was never given a choice between “brand “or “generic”) If I had known the difference, I would have gotten the brand name.

Comment:

I don’t know about you but from this point on ….. Brand medicine all the way for me!!!

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June 18, 2012 Posted by | Court News | , , , , , , , , , | Leave a comment

Valerie Jenkins gets probation for her role in husband’s suicide

Valerie Jenkins plead guilty on Monday to manslaughter with a deadly weapon for the May 2009 death of her husband, Robert Jenkins, closing a case that had piqued the interest of legal scholars across Florida. Jenkins attorney, James Best, said it was her decision to plead guilty, “It was what she wanted to do.”

Married for seven years, the Jenkins’ quarreled frequently and on the night of May 4, 2009; the couple argued again because Robert Jenkins had not taken his blood pressure medication and had been drinking beer heavily that fatal night, and through a drunken stupor said that “he wanted to die.”

Tired and exasperated and fed up with her husbands ramblings, Jenkins asked her drunken husband if he wanted his gun. Drunk with ill-rational thoughts, he said “Yes!” Valerie Jenkins proceeded to get her husbands .22-caliber pistol which was located in a dresser drawer and tossed a drunken man the zippered pouch that contained a loaded pistol.

Valerie Jenkins then walked towards the kitchen, when she heard a pop. As she turned around, frozen in a state of shock, she saw her husband slumped over the sofa with a gun shot wound.

Miami-Dade prosecutors Kathleen Hoague and Lody Jean said Valerie Jenkins acted with “reckless disregard for human life.” In preparing its manslaughter case, prosecutors relied on the successful case against Jeramy Ricky Rushing, who in February 1986 gave a loaded and cocked gun to a despondent woman outside a Dania Beach bar.

A Broward County judge dismissed a manslaughter charge against Rushing, but an appeals court later reinstated the case and a jury convicted him. Like Jenkins, Rushing did not receive any jail time but was sentenced to two years of house arrest plus 300 hours of community service.

On Monday, Best asked Miami-Dade Circuit Judge Leon Firtel to dismiss the case against his client, saying Robert Jenkins’ “independent intervening act” of suicide could not have been foreseen by his wife. Judge Firtel acknowledged the “mental gymnastics” that the legal case posed for him and legal observers, but declined to throw out the case, clearing the way for a jury trial.

Valerie Jenkins ultimately would have faced a maximum of 30 years in prison, decided against trial. It’s a difficult case for everybody and it should be resolved,” said Judge Firtel.

For handing her drunk /suicidal husband a loaded pistol, which he used to kill himself, Valerie Jenkins will serve five years of probation. “The important thing to the family of the victim is the admission of guilt and that she is convicted. The issue of jail time was not the main concern,” said Kathleen Hoague, Miami-Dade Chief Assistant State Attorney.

photo credit: jonathanturley.com

January 25, 2012 Posted by | Court News | , , , , , , , , | 1 Comment

Randy Chaviano, 26, Convicted Killer: Court Reporter erased transcript wins Chaviano a new trial

Randy Chaviano, 26, convicted by a jury in July 2009 of fatally shooting Charles Acosta at his Hialeah duplex, will get a new trial, because allegedly Terlesa Cowart, a Miami-Dade court stenographer/reporter with the firm of Goldman, Naccarato Patterson Vela & Associates Inc., transferred her legal notes to her personal computer and subsequently her computer was struck with a virus that essentially wiped out all her documents, including the transcript. That is either an elaborate lie or an unfortunate chain of events.

The problem was discovered when Chaviano attempted to appeal his conviction and the Third District Court of Appeal began their process to determine whether an appeal was warranted and had difficulty finding the transcripts of the eight-day trial, and did what is considered customary procedure, requested a copy of the murder trial.

When Cowart was notified by the court reporting agency that the appellate court placed an order for the transcripts of the trial, Cowart was in trouble, knowing that she could not produce a legal record of the court proceedings. With no legal record on file as to what happened in court, the Third District Court of Appeal had no choice but throw out the conviction and grant Chaviano a new trial and another chance to be tried before a jury of his peers.

The overturning of a murder conviction creates tremendous hardship on the victims’ family, the prosecutors, prosecutor’s investigators, expert witnesses, police officers, other witnesses, if any, court personnel and the court reporting agency associated with Terlesa Cowart.

The family will now have to re-visit every heart gripping detail of the case and will also have to feel the pain of losing their love one all over again. To have to listen too the sordid details once is bad enough but to have to go through that grueling procedure twice is mental and emotional torture.

The news could not come at a worst time for the court reporters as the 11th Judicial Circuit is in the process of starting a pilot program, putting digital recorders in with court reporters to capture the words of judges, lawyers, defendants and witnesses.

Court reporters have resisted this move for years, fearing that they will be ultimately replaced by the digital recorders. However, the 11th Judicial Circuit has already forged ahead and wired the courtrooms at Miami-Dade’s criminal courthouse. In a few months, five courtrooms in the criminal division will begin using digital recorders during the daily morning calendar session.

As a result of Cowart’s negligence and lack of due care of legal documents, she is no longer affiliated with Goldman, Naccarato Patterson Vela & Associates Inc.,

With this change of events, technically, it puts Harvey Sepler, defense attorney for Chaviano on the offense and the prosecution on the defense in an attempt too replicate the previous outcome, knowing that Sepler has an advantage, and will have yet another day in court to prove Randy Chaviano innocence.

January 2, 2012 Posted by | Court News | , , , , , , , , | 4 Comments

Antonio C, 99 years of age, Italian, divorcing his wife of 77 years over infidelity

Antonio C met his wife back in the 1930’s when he was a young Carabineer Officer assigned to Naples and Mussolini. Antonio would later ask Rosa to be his bride. Rosa accepted and they have been married for 77 years.

While cleaning out a chest of drawers just before Christmas, Antonio stumbled upon what would be old love letters, dating back to 1940’s from Rosa’s forbidden lover.

Angry and upset, Antonio confronted Rosa about the details of the love letters between her and her alleged lover. Rosa confessed and begged for Antonio’s forgiveness.

Heartbroken and feeling betrayed Antonio has filed for divorce after five children, a dozen grandchildren and one great grandchild.

If Antonio decides to go through with the divorce, they will be the oldest couple in history to divorce at ages, 99 and 96, respectively.

Should the courts deny the petition for divorce on the grounds that Rosa C. has proven to be a good wife, mother, grandmother and great-grandmother for 70 years?

Antonio, Antonio, can you truly walk away from the only life you’ve known for 70+ years? While I don’t condone infidelity, surely Rosita has proven herself to be worthy of your love.

Antonio! Give Rosita another chance and don’t break up your marriage over something that happened a lifetime ago.

December 30, 2011 Posted by | Court News | , , , , , , , , | Leave a comment

Mortgage Fraud Victim, Imogene Hall loses her Miami Gardens Home of 14 years to Fraud:Straw-buyer walks away scotch free and whistles all the way to the bank! Why?

Imogene Hall, a previous Miami Gardens homeowner of 14 years , an a Jamaican immigrant, who didn’t fully understand the laws as it related to real estate, lost her five year legal battle to stay in her home in spite of being duped by a fraudulent foreclosure rescue scam.

The Miami Herald first made the public aware of her story in November of 2010. Hall had lived in her home since purchasing it in 1997. Her ordeal started in 2006, when she lost her job as a home health nursing aide and looked to seek ways to pay her mounting bills. Like some many other homeowners doing that time, she tapped into her home equity, since real estate values were headed in one direction and that was up!

Unfortunately, a knock on the door by an unknown stranger, dressed as a wolf in sheep clothing, showing up unsolicited and offering a stress free cash-out refinance. Desperate for a solution to her financial problems, she became easy prey and thus the story began.

Too make a long story short [you can read the full story in The Miami Herald] unbeknownst to her, the initial $50,000 loan turned into a $230,000 loan on property that should have net an appraised value of $150,000 at best. Hall didn’t discover the fraud until she received notice that her home was in foreclosure.

Time and time again, you read in the paper or you hear on the TV, where an unsuspecting homeowner fails prey to an army of crooks, posing as “Foreclosure Rescue Representatives.” Normally the players consist of a straw-buyer, real estate agent or broker, title agent, attorney and often someone inside of the bank to finalize the deal.

All participating parties involved in the fraud; with the exception of the homeowner are well aware of the healthy financial return, once the deal is finalized by the bank and a check or bank draft is issued.

Make no mistake about it! The parties involved are not innocent. It’s a well calculated plan with instant gratification and no risk involved other than getting caught, with the understanding that no matter what! The straw buyer will always be able to walk away scotch free [with illegal gotten gain but absolved by the legal system] that’s got to stop.

“Without a straw buyer, the illegal deal would not be able to get off the ground. So, the straw buyer plays an integral part in this illegal transaction and should, therefore, be charged with fraud along with the other key players.”

    “If the deal is discovered to be illegal after the homeowner is forced into foreclosure, then the parties involved should have their property seized [irrespective of whether its their primary home or not] and put up for sale
    once they have been found guilty by the jury or the court and some if not all
    of the funds should be given to the injured party. There should be no exceptions! Everyone involved should be tried either individually or collectively of fraud.”

And when the story is written or told; all the characters involved should be named. Until you place shame and punishment, where shame and punishment should be placed, this inhumane act will repeat itself again and again, especially when there is so much financially to gain in the case of the straw buyer and nothing to lose. “What kind of justice is this?”

November 5, 2011 Posted by | Court News | , , , , , , , , | Leave a comment

Romancing Mrs. Superville while Investigating Mr. Superville = Tainted Evidence!

“When you find that one of your own has un-clean hands, what is your next move?” Do you proceed as though nothing happened?” or “Do you do the right thing and drop the charges with a stipulation that you will probably re-file in the near future?”

Investigating a murder case with unclean hands is a giant effort in futility. Prosecuting a murder case once you discover that someone in your camp has been less than forthcoming with the facts, is another story altogether. Whether you discover that you have forged documents in the beginning, middle or end of a trial, “what is the prosecutor’s obligation to the State of Florida and to the accused?”

And what are the consequences to the person or persons discovered with the un-clean hands? Along with what clear and concise laws or (zero tolerance) rules will you put in place moving forward to prevent this embarrassing and costly (to the court as well as the taxpayers) situation from ever repeating itself.

While In the course of investigating a murder suspect; the detective/investigator forms a relationship with the suspect’s spouse that subsequently develops into an affair, Ill respective of who initiated it, everything that the detective/ investigator touches’ moving forward is now tainted because of his/her elusive affair.

The “Appearance of Impropriety” is now indelibility linked to the detective/investigator and his/her actions. Then the “thought process of the jurors” are switched too “what does the detective/investigator have to gain by allegedly forging documents?” Once this is considered by the Jurors; it all but guarantee’s that “the accused will walk” via a verdict of “Not Guilty!” by the Jurors or at the very least a “Hung Jury!”

So, No! It’s not a mystery why the “Murder Case against David Superville was Dropped!”

For Once! … It’s an action based on Jurisprudence!

September 28, 2011 Posted by | Court News | , , , , , , , | Leave a comment

Narcy Novack’s Quest for the Pot of Gold

What would you do to get the Pot of Gold at the end of the rainbow? How far would you go? Would you be willing to steal, embezzle or plot a murder? Which one would you be willing to undertake for all the gold? Or will you be willing to do whatever it takes and more.

Well, that’s what Narcy Novack did! All of the above, First, her mother-in-law was found dead an the lust for more would not allow her to stop, as though her life depended upon more blood, as she began to hatch yet another more devious plot to eliminate the last person that stood between her and the “Pot of Gold.” That person would be Ben Novack,Jr.

It appears that from the very beginning it was a “Marriage for Murder.” What would possess Ben Novack, Jr. to stay with Narcy even when it was obvious to everyone around him that she not only wanted him out of her life, she wanted him dead?

Could a love for another be that mind-altering that you would place your own well-being in harms way? Is this what they mean, when you hear someone say, “I love you to Death?” Did they mean that figuratively speaking or just meant as a literal translation?

Could the outcome of your life depend on something you said in a passing fancy and not meant to be taken serious? Do most people take relationships as a means to and end with hidden agenda’s that really have nothing to do with you? That is something to think about in this day and age!

The murder trial for the Fontainebleau heiress accused of killing her husband and mother-in-law will once again be delayed several weeks as the U.S. Department of Justice considers whether Narcy Novack and her brother, Cristobal Veliz, should face the death penalty.

June 26, 2011 Posted by | Court News | , , , , , , , | Leave a comment

Be Careful What You Wish for, Mr. Leicester Bryce Stovell!

Now that Lebron James has joined what could possibility be one of next best teams to watch, the Miami Heat, it is very honorable and not surprising that anyone and everyone wants to claim ownership to his existence and/or success.

Leister Bryce Stovell, has stepped front and center and proclaimed to the world, “That Lebron is my son!” Really! Mr. Stovell is a Princeton graduate with a law degree from the University of Chicago and he waited until now to proclaim his rightful place in LeBron’s life.

According to Mr. Stovell, he met LeBron’s mother when she was 15 and he was 29. Please, someone quick! Tell me, “What is the age for “statutory rape” in Washington, DC?” Since Mr. Stovell was well above the age of 21 and quite intelligent, then surely he had to know the risk he was taking if LeBron’s mother was under age. By saying that he thought she was 20 is not sufficient, considering that fact she told him, that this would be her first time.

http://newsone.com/entertainment/sports-entertainment/casey-gane-mccalla/lebron-james-is-sued-by-man-claiming-to-be-his-father/

I believe that this is the first time, I’ve heard of an alleged father suing his son and notwithstanding, for millions. Come on dads! I need you to tell this man that”‘He Needs to Man up!” Check with Judge Mathias and he will certainly school Stovell on this foreign concept.

Anyway! As I understand it, a previous paternity test was taken and it came back with 0.0 chances that Stovell was the father. “I want another test!” decries Stovell as he sees millions of dollars slipping through his shameless hands. Yea! I’m sure he needs the money to pay for child support and child neglect for 18 years out of the millions that he envisions getting from the same child that he casted aside so many year ago.

I say “Shame on You! Leicester Bryce Stovell, for having the unmitigated gall to speak with such self-absorbed, intellectual ignorance, without any thought to what emotional turmoil you’re putting LeBron and his mother through yet again.”

July 15, 2010 Posted by | Court News | , , , , , | Leave a comment

Florida man wins $14M Asbestos Case

A Miami-Dade jury has awarded William Aubin, from Sarasota, more than 14 million after deciding that the asbestos he inhaled in the 1970s caused his deadly abdominal cancer. According to Aubin, his parents, who found Aubin Construction on Key Biscayne in the 1960s, used the asbestos-laden compounds. Aubin, now 59 and a retired firefighter, worked in his parents’ company after they moved it to Sarasota.

Jurors found that chemical giant Union Carbide was negligent for selling asbestos fibers to other companies, which had used the fibers to make joint compounds used by construction companies –- such as the William Aubin’s family owned.

Jurors also found that four of the compound manufactures, including George-Pacific, share some of the responsibility for causing Aubin’s illness.

Peritoneal mesothelioma – is a rare and usually fatal cancer that attacks the lining of the abdominal cavity and organs. Aubin’s lawyers argued that he is permanently impaired and will ultimately and unfortunately die from mesothelioma.

William Aubin’s attorney was Juan Bauta, who argued the case for the Ferraro Law Firm. Michael Terry, a Texas-based attorney, represented Union Carbide.

May 22, 2010 Posted by | Court News | , , , , , , | Leave a comment

Fundraising Drive for Josie Lou Ratley

A collection drive has been formed to help provide a wheelchair-friendly home for Josie Lou Ratley, who is recovering from a savage beating.

The teen, savagely kicked multiple times in the head outside Deerfield Beach Middle School on March 17, can barely remember her ABCs and struggles with counting to 10, her mother said.

Police have charged Wayne Treacy, 15, with first-degree attempted murder. He remains in Broward County’s main jail, charged as an adult.

Another teen, Kayla Manson, 13, is charged as a principal for allegedly helping Treacy find Ratley that day.

The Fundraising will enable Josie to move into a wheelchair-friendly home. Those interested in donating are asked to call (954) 561-2626 or visit www.nvee.org

The family and friends of Josie Lou Ratley thanks everyone in advance who will participate in this fundraising.

May 20, 2010 Posted by | Court News | , , , , , | Leave a comment