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Litigation Funding Blog

The Wrong Place at the Wrong Time

November 19, 2009

Some days it doesn’t pay to get out of bed. In this recent car crash, the victim did nothing wrong; he was, simply in the wrong place at the wrong time, directly in the path of a speeding vehicle.

Car accidents happen far too often according to yearly statistics. “Unfortunately, no matter how carefully “we” may drive, there is no accounting for the “other guy” on the road. A fact that Ellen Sharpiro’s family now has to live with. The unfortunate Ellen died in a needless car crash,” indicated Mark Bello, CEO, Litigation Funding Corporation, Southfield, Michigan.

Ellen left her home that fateful morning to run some errands. As she was entering a roadway doing roughly 20 miles per hour, another vehicle came bearing down on her. The car was being driven by a medical doctor, under the influence of alcohol.

The physician was traveling at a speed of 85 miles per hour when he entered the intersection and slammed into Shapiro. She survived for a short period of time, but eventually succumbed to her injuries. “The doctor was originally charged with DWI, reckless driving, failure to reduce speed, and death by a motor vehicle.After his court appearance, charges were reconsidered and raised to second-degree murder,” outlined Bello.

“It was patently obvious that, in this wrongful death case, the physician’s intoxication caused his car to become a deadly weapon ,” said Bello. In North Carolina, where this accident took place, car accidents resulting in death are increasing. Not so surprisingly, almost 85% of those involve alcohol consumption.

These facts will not be lost on the Shapiro family when they pursue justice in the case. The family has lost a wife, mother and friend in a senseless accident, caused by the negligence of another. “This wrongful death personal injury case will be mired in some complex legal jockeying on behalf of the physician, and it will take months, even years, before a decision is reached. There will be many legal issues to sort out,” explained Bello.

In the meantime, life must go on for the Shapiro family; they must also find a way to pay their usual bills, as well as accident related expenses, medical and funeral expenses. It will be a difficult time for them and lawsuit funding may be the answer to assist them while they await justice through settlement or jury verdict in this serious negligence case.

Folks like the Shapiros might be eligible for a cash advance against their personal injury case. This kind of litigation funding eases the pressure to settle early and inexpensively. It also gives the attorney the precious time he/she needs to get a litigant the fairest possible result,” stated Mark Bello, CEO, Litigation Funding Corporation, Southfield, Michigan.

To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

Side Effects with Side Effects

November 16, 2009

Each day we open the paper or turn on the computer and there is another story about an FDA approved drug that causes serious injuries or death.

The most disturbing news, aside from the risks of taking various drugs, is that most Americans put their trust in physicians and the drugs they prescribe to heal them. They expect these medications to be safe and make them feel better. “Unfortunately, ‘feeling better’ on a temporary basis is not a fair trade against the devastating side effects of some of these drugs,” indicated Mark Bello, CEO of Litigation Funding Corporation, Southfield, Michigan.

Consider the case of long distance runner, Tamara Bidal, who was diagnosed with a urinary tract infection and was prescribed Cipro by her physician. “Like many people these days, Bidal took the time to read the label that came with the drug and noted the side effects, which included tendon ruptures, tendonitis, and even liver toxicity, all neatly tucked inside something called a “black box warning” that the FDA insisted be added to this drug’s label,” said Bello.

Feeling that her own body was in good shape, and considering that her doctor prescribed the drug, Bidal took the medication as prescribed.

Four pills later, which was day four of taking the meds, she began to experience excruciating pain in both legs, from knees to ankles. Her legs felt like ‘stuffed sausages.’ The pain made walking, sitting, standing or sleeping almost impossible. After two trips to the hospital ER, Bidal was almost at the end of her rope.
“Bidal was once a long distance runner, hoping to enter a 10k marathon, now she is barely able to walk. Taking Cipro has totally altered her life; the long-term consequences are still not clear. All this from ingesting just four pills,” stated Bello.

Bidal is considering filing a product liability lawsuit, alleging that Bayer AG should not have put this dangerous drug on the market. Lawsuits like this one take a long time to resolve; there is a significant gap in time between the filing of the lawsuit and its resolution or trial. The discovery and evidence gathering process is difficult and time consuming.

Bidal’s case will involve the fact that further studies of Cipro have shown it to be mis-prescribed and over-prescribed; this dangerous medication should only be used as a drug of last resort. Bayer AG was not marketing Cipro in that fashion; the huge pharmaceutical company indicated that Cipro had a wide range of uses and was even used off label.

Waiting for a fair and equitable settlement or a jury trial in hard fought litigation like this will likely take years. In the meantime, Bidal will still need to pay her bills; she may have a disability; and she may have a mountain of medical bills on top or her ordinary bills and expenses. “Contacting a reputable lawsuit financial company and qualifying for litigation funding will make Bidal’s wait a whole lot easier, as she may be eligible for a cash advance against her personal injury case. Lawsuit funding removes the pressure to settle early and inexpensively and allows the attorney the time he/she needs to get the litigant the fairest possible result.” opined Mark Bello, CEO, Litigation Funding Corporation, Southfield, Michigan.

To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

Yakety-Yak – Texting Deaths on the Increase

November 10, 2009

Police blotter statistics are showing an increase in the number of deaths due to texting while driving.
It was dark, raining, and the highway was slick. The moon cast a shimmering glow on the water that had pooled in the depressions left behind on the highway, thanks to heavy traffic constantly traveling in the same lanes. The big rig was on a roll to its destination to deliver steel rails. The trucker was booting it because he was late and time means money to a trucker.

Reaching for his cell phone, the trucker decided to text his employer to advise him he was on time and rolling, and expected to be at his final destination within two hours. Those Blackberrys are great when it comes to texting; they have a pullout keyboard and should be easy as pie to handle and drive at the same time. “Yup,” he thought whipping out the phone, “this will only take a couple of minutes max.”
Right in the middle of typing the sentence, “I am on time and expected in at….” the big rig hit a larger puddle of water and began to hydroplane, causing the rig’s back end to jackknife around. The whole unit whiplashed into the opposing lane of traffic.

Josh Dvernik was 20 years old. He had his whole life in front of him; he was on his way to college in Ann Arbor, Michigan. He never saw the oncoming truck cross the center line. Josh died at the scene. The carnage was something a 30-year veteran State Trooper said he had never seen before and hoped to never see again.
Including Josh, there were three fatalities that night, all because the truck driver chose to text while driving. In the split second his eyes left the road to commence texting, he lost control of the truck. His negligence resulted in profound tragedy.

Josh Dvernik’s family filed a wrongful death lawsuit. The trial will be a long one, as chasing commercial carrier truckers is a difficult ordeal. There are many rules, regulations, owners, insurance companies and exceptions; and big rig attorneys fight hard to restrict justice.

During the course of trial preparation and indeed during the trial itself, life’s daily expenses for the Dvernik family will continue. Josh’s mother quit her high paying job as an OR nurse due to a mental breakdown over her son’s sudden death. The family must make do with less income in the wake of a tragedy that has resulted in increased expenses. They must find a way to pay ordinary and extraordinary bills and expenses.

A plaintiff involved in lengthy litigation, concerned over bills and expenses, may consider inadequate settlement offers that pay the bills and allow the litigant to put the litigation to rest. Certainly, there is peace of mind to that approach, but your attorney will often advise you that additional time will result in a substantial increase in case proceeds. You don’t need to settle your valuable case for pennies on the dollar. There is a high probability, just as in a case like this one, that you will qualify for a cash advance against your personal injury case. How?

Lawsuit funding may be used to pay important bills, including medical bills and mortgage payments. Simple online research will return a reputable lawsuit funding company capable of providing you financial assistance needed to permit you to wait out the process for an equitable resolution of your personal injury or wrongful death case.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

Paxil Once Again Stalks Potential Victims

November 5, 2009

The safety of drugs these days is a major issue not only with patients, but in the legal arena as med mal attorneys fight for justice for victims.

It’s obviously more than mere coincidences that close to 600 lawsuits have been filed against Big Pharma company Glaxo Smith Kline for their “wonder drug” Paxil. Admittedly, it’s sold as a popular antidepressant and seems to be relatively effective for some people. However, its silent side effects have the potential to cause serious harm.

The facts are that the active ingredients in this drug have been responsible for higher incidents of pulmonary hypertension and extremely high blood pressure in the arteries of the lungs, leading to heart failure. The FDA began warning consumers in 2005 that Paxil was linked to birth defects.

Take the case of Michelle David and her son, Lyam Kilker. David’s lawsuit alleges that Paxil hid evidence that the drug caused severe birth defects. As a result of that negligence, her son arrived in this world with life threatening heart defects. This case went to trial in Philadelphia and resulted in a $2.5 million jury award.

As little Lyam grows up, he will need additional surgeries to repair his damaged heart and will need to be on various medications for the remainder of his life. He will also be spending a lot of time with doctors, surgeons and other medical professionals. In other words his injuries, caused by the drug Paxil, altered his life significantly and the award reflected the reality of those facts.

There are literally hundreds of others that will wind their way through the court system during the course of the next few years. The road will be long and expensive as attorneys battle to obtain not just damages for their clients, but also punitive damages for Glaxo’s conduct in withholding critical information as being “outrageous.”

During the course of these many and lengthy trials, the issue of financing and being able to pay the day-to-day living expenses may become an issue; an issue that could drastically affect how your case may progress. If you are worried about a settlement and are having trouble paying bills, you may tend to accept a smaller settlement.

This doesn’t have to be the case; help is just a phone call away. Do a little online research on a service called litigation funding. You may qualify for a cash advance against your personal injury case. So, if you or someone else you know and love has been affected by a drug or some other defective product, you may have the right to file what is known as a product liability lawsuit.

Lawsuit funding can be used to pay important bills such as car payments, mortgage payments, tuition, food and medical bills. Your online research should produce a reputable lawsuit funding company that will provide the financial assistance necessary to permit you to wait for a fair and equitable verdict in your personal injury case.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

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