Allstate, the defendant driver’s liability carrier, originally only offered $11,000 of the $250,000 coverage prior to litigation. On the eve of trial they upped that to $34,520 when they realized their predicament. They are now required to pay this verdict plus Plaintiff’s attorneys fees and costs. Todd McPharlin, the Kelley/Uustal Trial Attorney who’s team brought this case to trial says that the final amount that Allstate will have to pay will exceed eight hundred thousand dollars.

“I guess that in this case Allstate gambled that if they kept saying ‘no’ that eventually Mr. Van Niekerk would just go away. But if you can get the case in front of a jury, which is what we do best, and they hear the truth, then that insurance company’s gamble is not a safe bet any more,” said McPharlin.

Original Offer: $11,000
PreTrial Offer: $34,520
Jury Verdict: $632,222.77 + fees +costs

Physicians commonly prescribe Actos (pioglitazone) to patients suffering from type 2 diabetes. While this medication may help control blood sugar in diabetic patients, studies by the FDA and American Heart Association have indicated serious side effects, including an increased risk for bladder cancer and heart failure. If you are currently taking Actos for type 2 diabetes and have concerns regarding the safety of Actos, you should consult your doctor for advice. In addition, if you or a loved one has suffered injury or harm from Actos, an experienced South Florida medical malpractice attorney can advise you of your legal rights to compensation from the pharmaceutical company.

What is Actos?

Actos is the brand name for pioglitazone, which is part of a class of anti-diabetic drugs called thiazolidinediones. Actos is manufactured by Takeda Pharmaceuticals along with several other medications containing pioglitazone, including Actoplus Met, Actosplus Met XR, and Duetact. Doctors frequently prescribe Actos in addition to a program of diet and exercise to help control type 2 diabetes. Actos works by increasing insulin sensitivity and thereby lowering glucose levels in type 2 diabetics. Despite the potential benefits, however, certain patients should not take Actos. These include individuals who have had bladder cancer or heart failure. Because of the risks involved with taking Actos for type 2 diabetes, the American Heart Association and the FDA have both issued guidelines regarding the use of Actos and other glucose lowering medications.

Potential Side Effects of Actos

Some of the more common side effects patients may experience while taking Actos include upper respiratory infection or cold-like symptoms, sinus infections, headaches, sore throat, and muscle pains. While these side effects may be relatively mild, studies have shown that Actos may cause more serious and even life-threatening side effects. These Actos side effects can lead to long term disability, cancer, pain and suffering, and even death.

Potential serious side effects of Actos include:
• Bladder cancer
• Heart failure
• Swelling of the heads, feet, or ankles (edema)
• Liver damage
• Allergic reaction including hives, rash, difficulty breathing and facial or mouth swelling
• Low blood sugar (hypoglycemia)
• Broken or fractured bones (more common in women)

FDA Warnings Against Actos

In June 2011, the FDA issued a warning that the use of Actos for more than one year is linked with an increased risk of developing bladder cancer. This FDA update was based upon an on-going 10-year study on the safety of Actos use.

In addition, Actos may also impair your heart’s ability to pump blood, leading to heart failure. In 2007, the FDA issued a warning about the increased risk of heart failure in patients taking Actos and the American Heart Association has warned of this risk as well.

If you have suffered from these or any other serious side effects while taking the medication Actos, you should seek medical attention immediately. In addition, it may also be necessary for you to hire a South Florida medical malpractice attorney who specializes in Actos medical malpractice cases.

Fort Lauderdale, Florida Actos Medical Malpractice Attorneys

If you live in Miami, Ft. Lauderdale, or anywhere in the State of Florida and have suffered serious side effects while taking Actos, Actoplus Met, Actosplus Met XR, or Duetact, including heart failure, bladder cancer, or liver damage, you may be entitled to compensation from Takedo Pharmaceuticals. The Fort Lauderdale medical malpractice lawyers at Kelley/Uustal are currently representing clients harmed by Actos. We understand the devastation Actos injuries can cause and are ready to fight for your rights. Call our Fort Lauderdale, Florida law office today to schedule a FREE EVALUATION with one of our skilled Actos medical malpractice lawyers today.

Kelley/Uustal is a trial firm dedicated to achieving justice for those injured by automobile accidents, dangerous products, and medical negligence. Last year alone, Kelley/Uustal obtained numerous multimillion-dollar recoveries for its clients, with several verdicts and settlements greater than $10 million and total verdicts of more than $400 million.

If you would like to download a copy of the publication, please click here.

Fright Night took place Saturday night at the Riverside Hotel Lawn on Las Olas. WSVN 7 Meteorologist Julie Durda was the grand marshal along side Former Dolphin Channing Crowder.

Kelley/Uustal’s Attorneys at Law presented the premier Halloween party. “We’re here for Fright Night, dressed up for the Boys & Girls Club,” said event sponsor and personal injury lawyer John Uustal.

“This is our first year for the Boys & Girls Club, great event,” said event sponsor Robert Kelley.

WSVN 7 Sports Director Steve Shapiro also attended the event in costume.

All proceeds from the party go to the Boys & Girls Clubs of Broward County.

Read more: HERE.

Kelley/Uustal, presenting sponsor of Fright Night on Las Olas cares about the community and is actively involved in local and nationwide charities and organizations. “We are pleased to help bring this event to Fort Lauderdale, to raise awareness about the Boys and Girls Clubs of Broward County and the great work they do. Every single day the Boys and Girls Clubs make a huge difference in twelve thousand children’s lives. We are proud to sponsor Fright Night on Las Olas and to help the Boys and Girls Clubs continue to make a difference” said Robert Kelley, partner in the Law Firm when speaking of their sponsorship for this year’s event.

Deciding to join forces and fight for victims and their families was a clear-cut decision, Kelley/Uustal is a Fort Lauderdale based law firm founded by two of the nations most successful and experienced trial attorneys, Robert Kelley and John Uustal.  In 2010 they received the personal injury lawyer Law Firm of the Year Award from Legal Aid Service of Broward County and are continuously recognized on local and national media. “We are very excited to celebrate with the Kelley/Uustal team and to bring another successful event to Fort Lauderdale this year,” mentioned Cary Goldberg of Diversified Realty Companies and Angela Gonzalez of EventsIIRemember, co-chairs of this year’s event, “their enthusiasm, charisma and dedication to the community is visible and we enjoy partnering with professionals that understand that the children in our community are the future and that the Boys and Girls Clubs of Broward County are here to serve those children and their families”.

Over fifteen of the hottest restaurants will be on site offering guests complimentary food samplings. Celebrity Chefs will judge the restaurants based on the tastiness of the samplings, Halloween theme and presentation. One winner will be selected and will be awarded the prestigious honor of Best in Show at Fright Night on Las Olas.

Other sponsors for this year’s event include: Las Olas Lifestyle Magazine, Wecando Printing, Leo Goodwin Foundation, Melvyn Thaler & Erica Stowers, Andrew Wurtele, Danburg Management Corporation, Fort Lauderdale Mariners, Riverside Hotel, Sidram Power, AboutU4U, Enova Transportation, AV Concepts, Christopher White Group, Las Olas Association, Kaotic Customs, BJ’s, Quintaros-Prieto-Wood & Boyer, P.A, Best Rental Service, Diversified Realty Companies, EventsIIRemember, and Learning Express.

Read the Las Olas Lifestyle Magazine’s Article on Fright Night on Las Olas, please click here.

To read more on Fright Night, click here.

Consumers who complained to the AG’s office said that instead of being referred first to a lawyer, they were instead directed to chiropractic clinics. By the time their cases were settled, most if not all of the money in the settlement had been used to pay the clinics, leaving little or no money for the victims, investigators allege.  The AG’s Economic Crimes Division in West Palm Beach is heading up the investigation.

It comes just months after three people filed a request for a class-action lawsuit against the company in the Broward County circuit court.  “There is nobody looking over their shoulders. They appear to be lawyers, but they are not,” said John Uustal, a personal injury lawyer representing the people who feel they were misled by the company.  Uustal said his clients were promised compensation for lost wages and other payments but some ended up oweing money to 411-PAIN. “I am shocked that there were not more complaints earlier about 411-PAIN,” said Uustal.

Florida Pharmacy Misfills

Pharmacists and pharmacy technicians have a duty to carefully read prescriptions and dispense the medication exactly as indicated. Many medications have similar names, so it is vital that pharmacists take the time to read physician instructions carefully when filling prescriptions. In addition, pharmacists must be careful to review their patient pharmacy records to prevent potentially harmful or deadly drug interactions. Failure to do so may result in a pharmacy misfill including:

• Dispensing the wrong medication
• Dispensing incorrect dosage – For example, dispensing 10 mg pills instead of 1 mg pills.
• Labeling prescription with incorrect use instructions – For example, indicating that a patient should take medication every two hours when the physician’s instructions indicate it is to be taken 2 times per day.
• Failure to label prescriptions with required warnings
• Drug contraindications – Filling a prescription for a medication that is known to have an adverse reaction to medications the patient is currently taken.

Unfortunately, pharmacy misfills are one of the most difficult types of medical malpractice to detect; the adverse reaction to incorrect medication or incorrect dosages may be misdiagnosed as another medical problem. This is one reason why it is important to hire a real trial attorney with comprehensive knowledge of pharmacology and the adverse affects that pharmacy misfills can cause.

Experienced Fort Lauderdale Pharmacy Misfill Attorneys

Kelley/Uustal has represented many clients who have suffered injuries due to Florida pharmacy misfills. One example of a Florida pharmacy misfill case the attorneys at Kelley/Uustal handled successfully involved a pharmacy misfill to a 90-year old Florida woman, Minnie Guider, which resulted in brain injury and several weeks in the hospital. The woman’s mail order pharmacy company, Intramed, Inc., made an error when dispensing her bladder medication, Oxybutynin. Instead, they dispensed Glyburide, a prescription medication for diabetics that causes significant reduction in blood sugar levels. This pharmacy misfill resulted in hypoglycemic episodes and neurological insult to our client. While the defense claimed that Ms. Guider’s injuries did not result from the pharmacy misfill, the jury awarded our client $1.95 million for her medical expenses and for her pain and suffering.

See Jury Awards $1.95 Million Against Mail-Order Pharmacy

If you suspect you or someone you love was injured due to a pharmacy misfill or pharmacy error, contact a personal injury lawyer at Kelley/Uustal today. We will provide you with a free evaluation of your Florida pharmacy misfill case and help you pursue justice.

Treatment of Pelvic Organ Prolapse and Stress Urinary Incontinence with Transvaginal Mesh Products

Pelvic organ prolapse (POP) occurs when organs in the pelvic area, such as the bladder, uterus, or rectum, slip out of place and drop into the vaginal wall; this often results from a weakening of supporting muscles during pregnancy and childbirth. Surgeons may use treat pelvic organ prolapse by implanting transvaginal mesh to reinforce the weakened vaginal walls. Women suffering from stress urinary incontinence (SUI) experience leakage of urine during physical activities such as sneezing, coughing, or laughing. Transvaginal mesh is often used to create a pelvic sling to support the bladder and urethra to alleviate the symptoms of stress urinary incontinence.

FDA Issues Warning about Risks of Transvaginal Mesh Products to Treat POP and SUI

Between the years of 2008 and 2010, the FDA received 2,874 reports of complications from the use of surgical mesh inserted transvaginally to treat POP and SUI. This is more than double the number of adverse events to transvaginal mesh reported during the preceding three-year period. Due to the increased number of transvaginal mesh injuries reported, the FDA issued a warning in July 2011 stating that the risks of using transvaginal mesh to repair pelvic organ prolapse may outweigh the benefits to patients. In addition, the FDA has found no clear evidence indicating that inserting surgical mesh transvaginally is more effective than using traditional surgery to treat POP or SUI. Based upon the risks, the FDA urges physicians and their patients to consider alternative treatment options.

Transvaginal Mesh Product Injuries and Complications

Manufacturers of transvaginal mesh products include Boston Scientific, C.R. Bard, Inc., American Medical Systems, and Ethicon. Commonly reported complications from the use of transvaginal mesh products include:

• Infection
• Pain
• Organ perforation
• Internal bleeding
• Protrusion of mesh through the vaginal muscles
• Recurrence of pelvic organ prolapse and/or stress urinary incontinence
• Pain during intercourse

Unfortunately, transvaginal mesh products are permanently implanted; therefore, it may not be possible to remove the mesh implants completely if complications arise. Many patients suffering complications from transvaginal mesh products require corrective surgery or other medical treatment, and some may suffer irreparable organ damage. In addition, complications can lead to debilitating chronic pelvic pain and infection and can adversely affect every aspect of a person’s life.

Contact an Experienced Transvaginal Mesh Injury Attorney

If you have suffered transvaginal mesh complications or injuries after treatment for pelvic organ prolapse or stress urinary incontinence, a transvaginal personal injury lawyer from Kelley/Uustal can help you determine whether you are entitled to compensation through a product liability claim. A personal injury attorney from our firm understands that transvaginal mesh injuries can be painful and costly for our clients; therefore, we will work hard to ensure you receive maximum compensation for transvaginal mesh product claim. Call us today for a free evaluation of your Florida transvaginal mesh product liability claim.