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Schmidt & Clark, LLP Announces Trasylol Website
Press Releases | 2008/03/04 20:39
Schmidt & Clark, LLP, a nationally recognized drug litigation law firm has announced today that it has recently added additional content to its Trasylol recall website.

Trasylol has been marketed by Bayer for 14 years. Bayer marketed it aggressively until it was used in approximately 1/3 of all cardiac bypass surgeries. In the last two years, Trasylol has been linked to kidney or renal failure, heart attacks, strokes and approximately 22,000 deaths.

At the heart of current and pending litigation surrounding Trasylol side effects, is the fact that Bayer was aware of the potential problems over two years ago. A study connecting Trasylol and serious side effects was presented in January 2006, but the drug was not recalled until November 2007. Bayer failed to present their research to the FDA in their September 2006 meeting. The chairman of that FDA advisory panel, Dr. William Hiatt, said that he would have voted for a Trasylol recall back in 2006 if Bayer had not withheld the data from their study.

Michael E. Schmidt, Managing Partner of Schmidt & Clark, LLP has noticed an alarming number of inquiries to the firm related to Trasylol. Mr. Schmidt stated, “Our firm has substantial expertise in the areas drug litigation. As a result, we have received a number of inquiries from heart bypass surgery patients claiming serious or life-threatening side effects including death, kidney or renal failure, heart attacks, and strokes.”

Schmidt & Clark, LLP represents a number of Trasylol recall victims and continues to be contacted by victims of Trasylol on a frequent basis.

If you or a loved one has been the victim of a Trasylol induced side effect, the firm suggests that you visit their Trasylol website. The site includes detailed lawsuit information, news and more.

About Schmidt & Clark, LLP

Schmidt & Clark, LLP focuses on helping individuals and families. The firm has built a reputation for success, and represents their clients in group and individual lawsuits nationwide.

Although Schmidt & Clark, LLP is national in scope, they level the playing field for their clients by providing them with access to a level of professional legal representation previously available only to large corporations, while still providing personal attention to each client.

For more information on Schmidt & Clark, LLP or Trasylol lawsuits, please visit: http://www.schmidtandclark.com/Trasylol/ or call toll free 24 hrs/day (866) 588-0600.


Law firm sues 'Juiced' publisher Judith Regan
Headline News | 2008/03/04 03:27
Former book publishing powerhouse Judith Regan was sued Monday for legal fees by the firm that prepared her lawsuit against HarperCollins LLC after the publishing company fired her.

In court papers, Dreier LLP says Regan reneged on a retainer agreement she signed and then fired the law firm "in a transparent and calculated effort to avoid paying petitioners the agreed upon fee."

After Dreier prepared and filed the lawsuit, court papers say, Regan hired Los Angeles lawyer Bertram Fields to negotiate a settlement with HarperCollins. The terms were not disclosed.

After the settlement was final, Regan fired Dreier and refused to pay the firm, court papers say.

The lawsuit names Fields as a defendant and accuses him of tortious interference with the business relationship between Dreier and Regan.



N.Y. man guilty of killing family, burning home
Court Center | 2008/03/04 03:26
A Dutchess County jury Saturday convicted Charles Gilleo Jr. on 30 of 31 murder charges in the Jan. 19, 2007, shootings of Manuel and Tina Morey and the stabbing and bludgeoning of their three boys in their Fishkill home.

The jury's verdicts capped more than 37 hours of deliberations over a four-and-a-half days in the Dutchess County Courthouse, in Poughkeepsie.

Gilleo, 33, of Hopewell Junction, N.Y., also was convicted on five counts of armed robbery, two counts of conspiracy, one count of perjury and two counts of arson.

A co-defendant, 30-year-old Mark Serrano, was convicted last year on 31 first- and second-degree murder charges, in addition to arson, robbery, conspiracy and perjury charges.

Gilleo and Serrano were accused of going to the Morey home on Route 82 in Fishkill and robbing Manuel and Tina of cash and cocaine, killing all five members of the family and setting fire to their house and car in an attempt to cover up the crimes.



Venezuelan pleads guilty in suitcase scandal
Court Center | 2008/03/04 03:25
A Venezuelan pleaded guilty to a conspiracy charge in the alleged cover-up of a plot to smuggle $800,000 into Argentina to fund a presidential election campaign, officials said on Monday.

Carlos Kauffmann, 35, was one of five men accused of acting on behalf of Venezuela's anti-U.S. government in a case that touched off corruption allegations in Argentina and diplomatic tensions between the Washington, Caracas and Buenos Aires.

Kauffmann entered a guilty plea on Friday to a charge of conspiring to act as an agent of Venezuela without registering with the U.S. government and could face five years in prison. He agreed to cooperate with prosecutors, according to a plea agreement released by the U.S. Attorney's Office in Miami.



Kid Rock Pleads Not Guilty to Battery
Court Center | 2008/03/04 03:25
Kid Rock has pleaded not guilty to a charge of battery from a fight at a Waffle House in Atlanta. Robert James Ritchie, better known as the musician Kid Rock, was not present for the plea. His attorney, Darryl Cohen, waived an arraignment hearing and entered the plea on Ritchie's behalf in DeKalb County State Court, according to Cohen's office.

Ritchie and five members of his entourage were arrested October 21st on a misdemeanor charge of simple battery. The charges stem from a fight at a a metro-Atlanta Waffle House, where they had stopped following his performance at The Tabernacle.

Officials say a fight broke out after another customer recognized a woman in Kid Rock's party and exchanged words with her, prompting Ritchie to exchange words, too.



Doctor-lawyer project tackles malpractice
Opinions | 2008/03/04 03:23

Doctors and lawyers in Montgomery County are doing something unusual: working together.

Members of the county's bar association and medical society, along with Abington Memorial Hospital, tomorrow are launching a pilot project they hope will keep more malpractice disputes out of court.

Lawyers and doctors will work in teams to mediate conflicts between patients and the hospital or doctors. The hope is that the new approach will resolve problems more quickly and humanely, without the demonization of both sides that can occur in malpractice battles.

Whether it will save money remains to be seen. Project leaders say that is not the primary goal.

John J. Kelly, Abington Memorial's chief of staff, said he wanted to avoid the "harshness" of litigation. "At the end of the day, I think everybody walks away feeling like it's a much more productive process, and it's a healing process," he said of mediation.

"I think litigation makes everything so much more painful for everyone, and I'm not sure healing ever occurs."

Planning for the project started three years ago after a nudge from the state Supreme Court. It encouraged counties to look at alternatives to traditional court battles as doctors threatened to leave Pennsylvania because of skyrocketing malpractice-insurance rates. Not much has happened elsewhere in the state, but doctors and lawyers here pursued it because "there's got to be a better way to do things than the way we've been doing them," said Mark Lopatin, a rheumatologist, who led the medical society's part of the effort.

People on both sides say the current system is emotionally draining, even when you win.

"Clients hate courtrooms," said Robert Morris, president of the Montgomery County Bar Association. "I haven't ever had a client that wanted to get in the witness stand."

The project deals with unhappy patients and their families through a two-step process. In the first, doctors and nurses at Abington have been trained to listen to such patients and explain what happened in as much detail as possible. Project leaders say many people who sue do so primarily to find out what happened.

If that is not enough, patients can move to mediation, a process that helps them hammer out a settlement with their doctors. The mediator shuttles between the sides, bringing their positions together. Unlike a judge or arbitrator, the mediator does not decide the case. Instead, the patient and doctor - or more likely their attorneys - determine an acceptable outcome. Usually that involves money, but patients also often want an apology and assurance that steps will be taken to prevent future mistakes.

If the sides are still fighting, patients still have the option of going to court.

In this region, Drexel University College of Medicine's doctors have the longest-running mediation program. Theirs often uses a team approach, pairing lawyers who typically represent patients with those who defend doctors. Abington's new program creates even more unusual teams. A lawyer with health experience will be the lead mediator, and a doctor will be his "medical partner."

"It's precedent-setting, this project," said Jane Ruddell, a former health-system lawyer who now runs a company devoted to alternative dispute resolution. "It's really trying to change a culture."

Ruddell ran a training session last week in the bar association's Norristown office to train about 30 doctors and lawyers to be mediators. Many of the lawyers had previous experience with mediation, but the daylong program was an eye-opener for the doctors, who understood for the first time how hard and time-consuming it was to sort through strong emotion and find common ground.

In a training exercise, the doctors and lawyers were split into groups for some role-playing. Abington Memorial obstetrician-gynecologist Robert Michaelson played the mediator for one. The bar association's Morris was an angry woman with cancer, and Mark Pyfer, president of the Montgromery County Medical Society, was her even angrier husband.

The patient in the case had had foot pain, which the doctor thought was caused by a pinched nerve. The patient decided not to have surgery the doctor recommended and later lost part of her leg after the cancer was discovered.

Michaelson got into trouble almost immediately, waiting too long to separate the warring parties. He ran out of time without getting close to a settlement, but Morris, who is a trained mediator, and Pyfer, a novice, proved a good team.

"I thought she was negligent because she never paid much attention to me," Morris said petulantly.

"Dr. Reynolds can say she's sorry, but I don't think she has any idea what it's like to go through life with one leg," Pyfer chimed in. Then he asked for $10 million.

Doctors came away from the experience understanding why the lawyers will take the lead in mediations, at least in the beginning.

"The most striking thing about this was . . . how difficult this is," said Lopatin, the rheumatologist.

Frank Murphy, a lawyer who attended the training, said it might be harder than the hospital anticipated to avoid malpractice filings and to persuade lawyers to be totally open with one another. Legal-filing deadlines, strategy, and payment agreements give lawyers an incentive to file in court and, sometimes, to stretch out the proceedings.

Advocates of mediation say it is often cheaper than court because there are fewer exhibits and medical experts to pay for.

Participants usually sign confidentiality agreements, a step that supporters say spares everyone embarrassment. The downside of the secrecy is that mediated cases create no legal precedent and leave no public record. Monetary settlements are reported to the National Practitioner Data Bank. But its information is available only to hospitals and professional groups, not consumers.

Some doctors also worry that mediation will be just one more step on the way to court. That has not been Drexel's experience. Of 40 cases that have gone to mediation, only three were unresolved.

Those involved in the Montgomery County experiment say it is more likely to give patients what they really want: early action, an apology, and information. "Patients want answers. That's what they want more than anything," said Sheila Stieritz, a former director of patient safety at Abington Memorial, who consulted on the pilot project. "And if it's something really serious, most patients want it not to happen to anybody else."



Logan lawyer appointed to 1st District Court
Attorneys News | 2008/03/04 03:23
Logan lawyer has been appointed to the 1st District Court by Gov. Jon Huntsman. Kevin Allen is currently the senior partner in the firm Allen and Ericson in Logan. He must be confirmed by the state Senate.

Allen will succeed Judge Gordon J. Low. "Kevin has a genuine desire to serve the people of our great state and his distinguished previous experience proves he will carry on the admirable service of Judge Gordon Low," Huntsman said in a statement announcing the appointment Monday.

Allen also has been a partner with Barrett and Daines in Logan and was a lieutenant commander in the U.S. Navys Judge Advocate General Corps.


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