Consumer Advocate Legal Update : Class Action Lawyers & Attorneys : Khorrami Pollard & Abir Law Firm : Mass Torts, Products Liability

MyCashNow, which provides Americans with pay-day loans, has been sued in a class action for sending unsolicited text messages to cell phone users in the first week of December, 2011. The class action is pending in a Nevada federal court.

The lawsuit was brought pursuant to the Telephone Consumer Protection Act, which prohibits companies from sending unsolicited text messages without the prior consent of recipients. According to the class action lawsuit, MyCashNow’s unwanted texts caused damages to consumers who have “pay per text” SMS plans, and must pay for each and every text they receive. The class action is seeking at least $500 in damages for each unsolicited text message received from MyCashNow, which is the minimum penalty allowed under the TCPA.
 

If you have been the victim of unwanted text messages from unknown companies, please notify Khorrami, LLP for a confidential evaluation of your rights.
 

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 May is “Older American Awareness Month,” which celebrates America’s senior citizens. While there are many advantages to growing old, there are also many reasons for older Americans to be concerned about   fraudulent consumer activity specifically directed at seniors.  With May being a month to recognize the elderly, it’s also a good time to educate them on the possible scams they may be vulnerable to.

A new wave of elder consumer fraud appropriately titled, “grandparent scams” are on the rise. They take place in early   morning, and result in the  elder receiving a phone call from an imposter acting as their grandchild who has found themselves in a emergency and needs financial help immediately. The caller usually asks the grandparent not to mention anything to the grandchild’s parents because will worry the parents but more importantly, cover their tracks. These kinds of scams happen all the time and are designed to take advantage of a grandparent’s love and generosity.

In an effort to help avoid  consumer frauds such as this, seniors should keep these three things in mind:

 
1) Think about the Request. If the scammer requires an immediate decision which leaves you feeling pressured, delay the decision until all your questions and concerns have been answered.

2) Be Wary of Requests for Money. Seniors should be cautious of all requests that require wire transfers, especially those over the internet. If you receive a claim or request from an unfamiliar party that leaves you suspicious, trust your instincts.

3) Prizes and Charities. If you get a call  notifying you about a prize you’ve won or an offer to make a charitable donation, first check out the business before agreeing to anything. Resources like the Better Business Bureau and Angie’s List for local organizations are great references that will provide more information   about an organization or business.

If you feel you have been a victim of consumer fraud, please contact Khorrami, LLP for confidential consultation.

Image courtesy of abcnews.go.com

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Another lawsuit has been filed against the manufacturer of Plavix.  Plavix is a prescription blood thinner that was initially approved by the Federal Drug Administration in 1997 for the treatment and prevention of heart attack and stroke.   The label to Plavix has undergone numerous revisions since its initial approval.  Most recently, revisions to the Precautions and Warnings section of the Plavix label were made in December 2011.  

On May 3, 2012, three complaints were filed in New York alleging that Plavix caused serious gastrointestinal bleeds.   According to the lawsuit, the plaintiffs suffered life-threatening bleeds and the medication caused severe injuries.  The injuries are alleged to be permanent and lasting in nature, and include physical pain, mental anguish, diminished enjoyment of life, the need for lifelong medical treatment, monitoring and/or medications, and fear of developing other health consequences.

The lawsuit also alleges that the defendants, Bristol-Myers Squibb and Sanofi-Aventis, falsely touted the safety and efficacy of the drug.   The plaintiffs claim that the defendants made negligent and fraudulent representations to the FDA, the public, and the medical and healthcare community regarding the testing, safety and effectiveness of the drug.  The lawsuit also alleges that the Defendants had knowledge that Plavix was defective but concealed that information from FDA, the public and the medical and healthcare community. 

If you have suffered an injury as a result of taking Plavix, please contact Khorrami, LLP for more information. 

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On April 20, a jury awarded Rhonda and Mark Lesher $13.8 million for defamation stemming from a bevy of comments posted on Topix.com, a website that provides discussion forums for news items.

In 2008, a woman  from Clarkesville, Texas accused Rhonda and Mark Lesher of sexual assault, but a jury acquitted the couple in 2009. The Leshers claimed the accusation damaged their reputation, impacted their businesses and effectively forced them out of town. While the legal chapter of the couple’s lives closed with the verdict, the reputational damage apparently continued unabated on the internet. According to an ABC news report at the time of filing in February 2009, Topix’s message boards contained  “more than 25,000 comments, on about 70 threads related to the trial.”

The lawsuit named as plaintiffs 178 anonymous posters of allegedly defamatory statements. Through the lawsuit, the couple obtained information from Topix.com that led them to three internet service providers identified by Topix.com as providing the IP addresses for the identified posters. The IP addresses belonged to computers used by employees of an automotive parts store a few hours away; a store owned by the couple’s 2008 accuser. The jury divided the award among the couple’s accuser, her husband and her brother.

While the suit ignited some debate on freedom of speech and privacy protections for anonymous posters in online forums, the award emphasized the avenues available to victims of slander and libel.  Defamation laws provide a remedy to those who suffered   as a result of someone else’s false statements. In 44 states, including California, certain categories of defamatory statements, such as accusations of criminal wrongdoing, possession of a loathsome disease, unchastity of a woman, and statements that cause reputational harm, are considered defamatory per se and do not require the victim to show that he or she suffered actual damage.  

If you believe you have suffered harm as the result of defamatory statements, please contact Khorrami, LLP.

Image courtesy of http://www.rhlaw.com/blog/9th-circuit-unmasks-anonymous-online-speakers/

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A San Diego college student filed a $20 million dollar lawsuit against the Drug Enforcement Agency (“DEA”) this week after being forgotten in a jail cell for almost five days without any food or water. The victim, Daniel Chong, is a 23 year-old engineering student at the University of California, San Diego.

Chong was taken into custody by the DEA on the morning of April 21, 2012 in San Diego, after a drug raid was conducted on the home Chong was staying in the night before. Chong was subsequently taken to a DEA holding cell, where he was questioned and told charges would not be filed against him. After questioning, he was handcuffed and returned to the holding cell where he was apparently forgotten about for nearly five days.

During his time in the small, windowless holding cell, Chong says he went into “survival mode” after two days had gone by and no one had come for him. Having no food or water, Chong was forced to drink his own urine to survive. Chong says he continuously screamed and yelled to no avail. Still handcuffed, Chong attempted to commit suicide by breaking his eye glasses and attempting to cut himself. Chong says he suffered from hallucinations after he ingested a white powder he found in the cell which later tested positive for methamphetamines. When the DEA finally found Chong’s in the cell nearly five days later, Chong had to spend three days in the intensive care unit at the hospital due to kidney failure.

Since news of Chong’s ordeal broke, a DEA’s San Diego spokesperson, issued a statement saying the DEA was deeply disturbed by the story and extending their “deepest apologies” to Chong. This week, however, Chong filed a $20 million dollar lawsuit against the DEA, saying the DEA’s actions constituted torture. Chong seeks damages for pain and suffering, future medical and psychiatric treatment, and loss of future earnings.

If you have suffered unfair treatment at the hands of law enforcement, please contact Khorrami, LLP for a free and confidential consultation. 

Image courtesy of blog.travelpod.com

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The popular contraceptive Yasmin first hit the market in 2001 after the U.S. Food and Drug Administration (FDA) approved the prescription birth control pill in 2001 and its sister pill Yaz in 2006. Both are manufactured and marketed by the pharmaceutical giant Bayer Healthcare Pharmaceuticals and both contain a synthetic hormone called drospirenone (progestin). 

Since the contraceptives have been on the market, there have been reports of adverse effects from ingesting the drugs such as deep vein thrombosis and stroke. This triggered a lengthy FDA investigation which conclusively found that women who have taken the fourth generation pills containing drospirenone had a significantly higher risk of developing a blood clot.  As a result of these studies, the FDA announced that pills containing drospirenone would be required to label their drugs with detailed information concerning the increased risk of developing a blood clot. 

Following the FDA’s labeling demand in 2011, Bayer announced its intention to pay out $110 million dollars in Yaz settlements on April 10, 2012, for claims involving blood clots. Thousands of lawsuits were initiated over the years claiming blood clot-related injuries from plaintiff’s alleging that Bayer did not adequately warn of the risks associated with taking Yasmin and Yaz. The Bayer settlement could mark the first of many more settlements to come for injured plaintiffs. 

If you have taken Yaz or Yasmin, there are warning signs of developing a blood clot. Some include severe headaches, swelling or pain in the arms or legs, sharp chest pain, pain or tenderness in one leg, a temperature difference in the legs, shortness of breath, rapid heart rate, sudden cough, and blurred vision. Pulmonary embolism (blood clots in the lung), deep vein thrombosis (blood clots in the legs), heart attack and stroke are all conditions caused by blood clots.

 If you have taken Yasmin or Yaz and have experienced any of the above-named symptoms, please contact Khorrami, LLP for a consultation. 

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Last week, the Ramsey School District (NJ) agreed to a $4.2 million settlement  to compensate a former middle school student left paralyzed after a pattern of bullying. The parents of the attacker reached an undisclosed settlement with the victim in 2010.

Four years prior to the incident at issue in the settlement, New Jersey passed a law directing all school districts to create and enforce policies targeted to reduce bullying during school time and on school property. The lawsuit alleged  Ramsey schools failed to record reports of bullying, escalate punishment for repeat bullies, or appoint staff to coordinate enforcement efforts.

In the case, Kenneth Major, a middle school classmate of victim Sawyer Rosenstein at Eric S. Smith Middle School, repeatedly harassed Rosenstein both physically and verbally (and reportedly bullied several other students) throughout the school year. Rosenstein reported the incidents and, in fact, emailed the school district to report an escalation of his bullying, to ask for help and to create a record in case something happened.  

At some point during the school year, during a break in classes   Major allegedly punched Rosenstein, then 12, in the abdomen. The punch triggered a blot clot that migrated to Rosenstein’s spine, leaving him paralyzed from the waist down two days after the incident. Rosenstein underwent a series of surgeries in the six years that have passed since, including a complete spinal fusion, removal and re-fusion. He remains paralyzed for life.

New Jersey amended its existing law in 2007 to bring harassment through electronic communications within the ambit of the existing law and in 2011 created the Anti-Bullying Bill of Rights Act, which contained stricter reporting, procedural and enforcement requirements to ensure compliance in all school districts.

If you feel that your child may have been the victim of harassment or bullying in school contact Khorrami, LLP for more information.

 
Photo Courtesy of www.bodiesinmotion.com

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After hearing the endearing phrase “good boy,” a dog can usually count on receiving a treat as a reward for its good behavior. For one Chicago-area man, the dog treats he gave his dog ended up killing his 9-year old Pomeranian, Cleopatra, shortly after consumption.  Owner Dennis Adkins alleges that “Waggin’ Train” treats, a product of Nestle-Purina Petcare Co., killed his dog. Adkins purchased the dog treats from Wal-Mart and believes the treats not only sickened his dog, but lead to its passing. According to the complaint, after Adkins fed the treats to Cleopatra, the dog became very sick and died 11 days later due to kidney failure.  As a result, Adkins is now suing Nestle-Purina and Wal-Mart for $5 Million in compensatory and punitive damages, and also requesting an injunction preventing any further sale of the product. Adkins is also asking the court to approve the case as a class action lawsuit brought on behalf of anyone who bought Nestle or Waggin’ Train- brand dog treats containing chicken imported from China in the past four years.

In November 2011, the Food and Drug Administration (FDA) issued another warning reminding customers that dogs who consume chicken jerky treats manufactured in China may become ill, experience kidney failure and even die. The cautionary warning was first issue in 2007 and affected products have since been under extensive chemical and microbial testing by the FDA. In response to the suit, Nestle-Purina appears to be standing behind their product and its integrity and quality, t stating, “Waggin’ Train products are safe to feed as directed.” However, it wasn’t until April 16, 2012 that the Waggin Train treats website included a warning about their products and that side effects may occur.
 

When asked to comment on the lawsuit, Nestle-Purina  declined to comment but spokesperson Keith Schopp mentioned on an earlier occasion that the “safety of pets is the company's utmost priority and that production of the treats in China is held to the highest quality and safety standards.” Wal-Mart went on to reassure customers that they’re “committed to providing customers and their pets with safe and affordable food” and have since been in contact with the FDA regarding concerns about dog treats that contain chicken jerky dog like the ones Nestle-Purina manufactures.

 
If you feel you have purchased a product that has caused you or a loved pet to become ill, please contact Khorrami, LLP for a confidential and no-risk consultation. 

photo courtesy of http://www.petnebulamissoula.com/treats

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Elise Sanguinetti, managing attorney at our San Francisco Bay Area office has been selected as a 2012 Northern California Super Lawyer. This is Elise’s fourth time winning the prestigious industry honor. Along with her Super Lawyers recognition, Elise also holds an AV rating with Martindale-Hubbell which exemplifies her high level of professional excellence. Elise’s extensive experience is contributed to her exclusive representation of plaintiffs in civil litigation. Her focus of expertise is serious injury cases, wrongful death cases, civil appeals and legal malpractice.

To view Elise’s profile on the Super Lawyers site, click here. Elise’s professional bio can be found on our site.

Congratulations Elise!

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