Areas of Practice

Simien & Simien, LLC is here to help you. We have documented and successful experience representing clients in large-scale class action and mass tort litigation. We have also been successful representing victims of serious injury and wrongful death resulting from industrial, vehicular, and other life-threatening or debilitating accidents.

• Personal Injury
  A wrongful act where someone or something causes injury to another person or thing is called a “Tort.” The specific area of Tort Law, which assigns responsibility to the person or company (known as the defendant) that has caused physical or emotional injuries and accompanying damages to another (known as the plaintiff) is Personal Injury Law [More]
• Maritime and Offshore
  Maritime and Offshore work can be dangerous. Those working on vessels or in the oil and gas exploration and/or production business can be injured or killed. There are several laws that protect the rights of maritime and offshore workers. [More]
• Consumer Class Actions
  Class actions are lawsuits filed by one or more individual on behalf of a much larger group of individuals who have been harmed in the same way. [More]
• Price Fixing Antitrust Class Actions
  Price Fixing Antitrust Class Actions involve claims where companies within the same industry conspire to fix prices. [More]
• Mass Torts
  Under Tort law, victims are allowed to seek compensation for a civil wrongful that has resulted in injury or damage to that person or to other related persons. In many instances, the same wrong is committed and causes harm to numerous people. This is known as a “Mass Tort.” [More]
• Environmental and Toxic Torts
  Simien & Simien, LLC represents victims of toxic injuries in legal cases against chemical and/or other companies that manufacture or use toxic chemical products. A toxic tort case is a [More]
• Defective (Faulty) Medical Devices
  Medical devices are often a major factor in keeping some people healthy and alive. [More]
• Whistle Blower (Qui Tam)
  Fraud committed upon the government cost taxpayers billions of dollars every year. Unfortunately, government fraud is not rare and in most cases, people are afraid to report illegal activities because they are afraid of various forms of retaliation. Both the United States and state governments need your help and are more than willing to compensate you for the information you provide. [More]
• Automobile, 18 Wheeler and Train Accidents
  Seeing Automobile Accidents is almost a daily occurrence. Many of these accidents occur because some drivers don't take the responsibility of driving seriously. Those in car accident not of their making and their families must endure pain, suffering, mental anguish, medical bills, loss wages and more. These victims deserve to be compensated for these damages. [More]
  
• Mesothelioma
  Mesothelioma is a rare form of cancer where malignant cells are found in the mesothelium, a protective sac that covers many of the body's internal organs. Between 1940 and 1979, approximately 27.5 million people were exposed to asbestos. Since 1973 and 1984, there has been a threefold increase in the diagnosis and treatment of this illness. While working with asbestos is the major risk factor associated, mesothelioma can also be contracted by indirect contact. [More]
• Primary Pulmonary Hypertension (PPH)
  Primary Pulmonary Hypertension (PPH) is a rare and incurable lung disease. It progresses over time and causes overwhelming pressure in the pulmonary artery that connects the lung to the heart. This pressure puts a lot of stress on the heart and eventually the capillaries and arteries will fatally shut. There is a connection between PPH and some diet drugs such as Fen-Phen, Redux and Pondimin. [More]
• Simien Drug Cases
  Simien & Simien has extensive experience handing the investigation, evaluation and prosecution of various medications and drug injury cases. [More]
• Overtime Cases
  The federal law governing the payment of overtime and minimum wages is called the Fair Labor Standards Act ("FLSA"). Generally, the FLSA requires an employer to pay an employee "time and a half," or overtime compensation for each "hour worked" in excess of 40 hours in a work week, unless that employee is identified as "exempt" from the law. [More]

Personal Injury

A wrongful act where someone or something causes injury to another person or thing is called a “Tort.” The specific area of Tort Law, which assigns responsibility to the person or company (known as the defendant) that has caused physical or emotional injuries and accompanying damages to another (known as the plaintiff) is Personal Injury Law. “Personal Injury Law” can include a wide range of circumstances, including:

• Medical Negligence
• Slip/Falls
• Car or Truck Accident
• Defective Products
• Work Related Injuries Where a Third Party has Caused the Injury
• Dangerous or Defective Products
• Wrongful Death

Under some circumstances, not only does the person directly injured by the wrongful conduct have a claim, but others, as defined by law, may also bring claims for the injury or death which has been caused. Personal Injury suits not only provide compensation to the injured person or family member, but often discourages a repeat performance of the dangerous behavior that caused the injury.

Liability

Generally, to prove that the defendant is liable, the plaintiff must show that the defendant was “at fault” in causing the injury. The amount of injury or losses suffered due to the fault of the defendant is referred to as “Damages.”

Many Personal Injury cases are settled out of court and are often settled before the courtroom proceedings begin. However, some cases do go to court, and the case will be heard by a judge or a jury. In either case, in order for the plaintiff to be confident that he has been fully compensated as required by the law, he needs effective legal representation. Due to the complexity of Personal Injury lawsuits, Simien & Simien recommends you consult with a law firm that has experience with Personal Injury claims to ensure that you receive the compensation to which you are entitled. Simien & Simien, LLC has established Personal Injury experience. If you have been injured and need an effective, experienced law firm, please contact Simien & Simien, LLC.

Maritime and Offshore

Maritime and Offshore work can be dangerous. Those working on vessels or in the oil and gas exploration and/or production business can be injured or killed. There are several laws that protect the rights of maritime and offshore workers.

Maritime law, also known as Admiralty law, is a body of private international laws that governs maritime injuries.

In addition to the General Maritime Law, the U.S. Congress enacted the Jones Act to protect the rights of maritime and offshore workers. The Jones Act:

• Provides protection to persons who are crew members of a ship or vessel, (including certain oil and gas rigs).
• Extends the Federal Employer's Liability Act (FELA) protection to provide similar rights and remedies to seamen with a work-related injury caused by a condition on the vessel or the negligence of the employer.
• Is a federal cause of action that ensures that all seaman injuries will be guided by the same liability standards.
• Applies to inland river workers and others who work on rigs, semi-submersible ships, barges, drill ships, towboats, cruise ships, floating cranes, cargo shops, fishing vessels, tankers, dredges, recreational boats and other floating structures.
• Is not the same as Workers' Compensation. It provides for greater remedies, but requires that that injured worker prove that the vessel owners, offices, operators, employees, or equipment were at fault for causing the injuries.
• Allows injured employees to recover past financial, future financial losses and gain compensation for pain, suffering, mental anguish, disfigurement, loss of physical abilities, loss of ability to care for self, and various other damages under the maritime law.

Simien & Simien, LLC can help you if you have been injured while working in the maritime industry. Time deadlines apply to these claims. Various factors determine how much time you have to file your lawsuit. Simien & Simien, LLC has experience with Maritime lawsuits, and we can guide you through the process. Contact Us today.

Consumer Class Actions

Class actions are lawsuits filed by one or more individuals on behalf of a much larger group of individuals who have been harmed in the same way.

The individuals who initiate a class action lawsuit are called class representatives. The attorneys in class action lawsuits are generally paid on a contingency basis (i.e., they are only paid if the clients or class receive compensation).

• A contingency fee is only owed to an attorney if there is a successful conclusion to the legal case.
• A successful conclusion would include winning a case after the class is recognized to exist by the court (known as certified) and a recovery is had on behalf of the class in favor or the represented client(s).
• If a case is certified, the court must approve all aspects of the case that may affect the class, including having to approve any fee or expenses to be paid by the class. In approving the fee, the court considers that the fee is designed to compensate the risks involved, the time the law firm spent preparing the case and any expenses incurred by the law firm. The courts will review the fee and the expenses to ensure that the fee and expenses paid by the class are reasonable.

• If the case is not successful and there is no recovery, the class representative is not responsible for paying our firm.
• Many times companies that provide goods or services to great numbers of people engage in conduct that is harmful to the people they are supposed to serve. However, the damages are usually small and the individuals harmed may not be in a position to retain legal representation. A consumer class action suit allows individuals who would not otherwise be able file suit to make a claim on behalf of themselves and others. Because of the strength in numbers, even when each person only suffers a small amount of damages, a lawsuit to enforce rights may still be practical.

If you or people you know, have been harmed by these practices and you want us to review your case for possible class action treatment, Simien & Simien, LLC would like to help. Contact Us to evaluate a possible class action suit.

Price Fixing Antitrust Class Actions

Price Fixing Antitrust Class Actions involve claims where companies within the same industry conspire to fix prices. This is usually done by an agreement or intentional conduct that results in charging the same price or a very similar price across company lines for either the same product or similar competing products.

This collusion creates an anti-competitive market which results in products being sold at artificially high prices. Most products that are the subject of price fixing do not go directly to the consumer. Instead, they pass through a chain of distribution that typically includes some combination of distributors, wholesalers and retailers. Therefore, many price fixing antitrust cases are brought on behalf of businesses within the distribution chain which are damaged by such actions.

Although many businesses are damaged by price fixing, the inflated costs are often passed along to consumers. A number of states allow consumers to recover damages when they have purchased products that were over-priced as a result of the price fixing conduct.

If you have suffered damages as a result of price fixing or have proof that a company or person has engaged in such activities, please Contact Us about Price Fixing (Antitrust) Class Action.

Mass Torts

Under Tort law, victims are allowed to seek compensation for a civil wrongful act that has resulted in injury or damage to that person or to other related persons. In many instances, the same wrong is committed repeatedly and causes harm to numerous people. This is known as a “Mass Tort.”

Mass tort litigation requires a specific set of skills and knowledge. Not only does it involve multiple plaintiffs (persons who bring the claims), it also involves hundreds or even thousands of lawsuits that can either be geographically close or spread out across the country. Some examples of mass tort cases are prescription and non-prescription drugs that have caused injuries to consumers, faulty products of any kind and dangerous environmental toxins.

Law firms that deal with mass torts require substantial financial means to pay for the experts, researchers, and support and office staff needed to properly execute an organized and well-researched mass tort case.

Victims Deserve Full Compensation For:

• Current and Future Medical Expenses
• Pain and Suffering
• Disfigurement
• Financial Losses Due to Injury
• Rehabilitation Services
• A Resulting Disability
• Death of a Loved One
• Choose a Law Firm with Mass Tort Experience

Simien & Simien, LLC has extensive mass tort litigation experience; please view our Past Cases and Rewards. We understand the time and dedication needed to reach a successful conclusion in a mass tort case and we have the resources to make it happen.

If you or a loved one has been injured, please Contact Us and tell us about your claim. We will review your case and help you determine the best course of action for you and your family.

Environmental and Toxic Torts

Toxic Torts

Simien & Simien, LLC represents victims of toxic injuries in legal cases against chemical and/or other companies that manufacture or use toxic chemical products.

A toxic tort case is a special type of case where the victims seek restitution from a manufacturer or a supplier of a chemical product that has caused a toxic injury.

The connection between exposure to a toxic chemical and a resulting injury or disease is often difficult to prove. For example, some cancers may first develop decades after exposure to a cancer-causing chemical. As a result, toxic tort cases are very difficult to prove and very costly to litigate because they typically require expert testimony from numerous medical and scientific experts.

Simien & Simien, LLC has been recognized for its work in representing clients in this expensive and risky area. Simien & Simien, LLC's offices are in close proximity to multiple chemical facilities. Unfortunately, we have represented large numbers of clients pursuing toxic tort claims. As a result, our attorneys have developed a practice which includes a focus on the toxic tort arena.

Our lawyers have prepared effective strategies to prove that injuries or illnesses were caused by the exposure to harmful chemical or other substances. Our experience in this area has also allowed us to foster close relationships with experts who have gained national acclaim for leadership in their fields. As a result, we use the most recent and sophisticated evidence available. Our work in toxic tort litigation and our efforts to stay abreast of the developments in this area have greatly benefited our clients.

If you have been injured by a toxic exposure, Contact Us so that we can discuss the facts of the incident.

Environmental

Simien & Simien, LLC is prepared to litigate a variety of environmental cases, including hazardous waste, real property contamination, air pollution, and groundwater contamination.

These cases usually involve communities located in close proximity to chemical plants, landfills, hazardous waste sites, and other facilities which contaminate the air or ground through spills, leaks, and other releases. Our firm's experience includes a groundwater and property contamination case resulting in the chemical plant having to relocate the entire community and compensate the residents affected by the pollution. If your property has been contaminated, Contact Us so that we can discuss the facts of the incident.

Defective (Faulty) Medical Devices

Medical devices are often a major factor in keeping some people healthy and alive. Patients depend on the medical devices that their doctors recommend, but when the devices are defective, the patients are at great risk. Unfortunately, there are a great number of medical devices that are not functioning properly and causing devastating consequences to many innocent victims around the world.

The Consequences of Defective Medical Devices Significant Pain

• Additional Surgeries or Other Treatment
• Permanent Disability
• Serious Illness
• Disfigurement
• Death

Victims are often left with pain, mental stress, substantial medical bills and financial worries. It is only fair that victims of a faulty medical device be compensated for their injuries, pain, medical bills, and loss wages. In the case of death, their families have many of these same losses and also suffer with the loss of a loved one. Their families are left devastated.

How We Can Help

Simien & Simien, LLC can help you if you or loved ones have been injured by a defective or faulty medical device. We will evaluate your claim and determine what steps need to be taken. Simien & Simien, LLC has experience with defective medical device lawsuits, and we can guide you through the process. Contact Us today. Let us help you with the compensation you deserve.

The FDA has a list of recalled medical products that are the focus of Class I recalls, which means that they have the potential to cause catastrophic injuries, substantial pain and death. Several Class I and related recalls are listed below.

FDA Medical Device Recalled Items From 2000-2006

• Counterfeit OneTouch® Basic®/Profile® Blood Glucose Test Strips
• Counterfeit OneTouch® Ultra® Blood Glucose Test Strips
• Cardinal Health Alaris ® SE Infusion Pumps
• Medtronic Intrathecal Catheter, Model 8731 and Intrathecal Catheter Distal Revision Kit, Model 8598
• Disetronic D-TRONplus Insulin Infusion Pump Power Packs
• Welch Allyn PIC 50™ Automated External Defibrillators
• Welch Allyn AED 20™ Automated External Defibrillators
• Medtronic SynchroMed EL Programmable Infusion Pumps
• Disetronic/Roche Diagnostics Accu-Chek™ Ultraflex-1 Infusion Set
• Ortho-Clinical Diagnostics VITROS® Immunodiagnostic Products Signal Reagent
• Respironics PLV Continuum Ventilator (PLVC I)
• The First Years® Liquid-Filled Teething Rings
• Blackstone Medical, Inc. ICON® Modular Spinal Fixation System
• Bard® Composix® Kugel® Mesh Patch – Expansion
• Ortho-Clinical Diagnostics VITROS® Immunodiagnostic HBsAg Confirmatory Kit
• Baxter Healthcare Corp. COLLEAGUE® and COLLEAGUE® CX Volumetric Infusion Pumps
• Boston Scientific Flextome® Cutting Balloon Systems
• Boston Scientific Stainless Steel Greenfield® Vena Cava Filters
• Vapotherm, Inc. Vapotherm® 2000i and 2000h Respiratory Gas Humidifier
• Baxter Meridian® Hemodialyis (HD) Instrument
• Baxter Healthcare Corp. COLLEAGUE® Volumetric Infusion Pumps
• bioMérieux, Inc. VeriCal® Calibrator Sets
• Gambro Renal Products Prisma® Continuous Renal Replacement System
• Baxter Healthcare Corp. COLLEAGUE® Volumetric Infusion Pumps
• Guidant Corp. Pacemakers
• CONTAK RENEWAL and CONTAK RENEWAL 2 CRT-Ds
• Ventak PRIZM 2 DR ICDs
• Boston Scientific Hemashield® VANTAGE™ Vascular Grafts
• Vail Products, Inc. Enclosed Bed Systems
• Abbott Blood Glucose Meters
• Laerdal Medical Corp. CM 100 Heartstart® Automatic External Defibrillator Adapter Cables
• Welch Allyn Co., AED 20®, Automatic External Defibrillator
• LifeScan, Inc. Blood Glucose Meters
• BioMerieux Simplastin HTF Tissue Reagent
• HeartSine Technologies, Inc. Automatic External Defibrillators
• MicroScan® Rapid Pos Inoculum Broth
• Certain Medtronic LIFEPAK 500 Automated External Defibrillators
• IV Flush Heparin and Saline IV Catheter Flushes
• Becton Dickinson ProbeTec ET Urine Processing Kit
• BioMed Unomedical Airway Adapter
• Pulmonetic Systems LTV Series of Ventilators, Universal Cable Adaptor
• Access CardioSystems Automated External Defibrillators
• Oral-B CrossAction Power and PowerMAX Toothbrushes and Refills
• Pulmonetic Systems LTV Series of Ventilators
• Medtronic 8870 Software Application Card Version AAA 02
• Nellcor CapnoProbe Sublingual Sensor
• Medibo Minerva Patient Lifts
• Boston Scientific Express2TM (bare metal) Coronary Stent
• Shiley Tracheosoft Tracheostomy Tube and Disposable Inner Cannula
• Boston Scientific Taxus™ Express2TM (paclitaxel-eluting) Coronary Stent
• Arjo Alenti Lift Hygiene Chair
• Ortho-Clinical Diagnostics VITROS Troponin I Reagent Pack
• Carl Zeiss Meditec Ophthalmic System
• Roche Molecular Systems COBAS TaqMan and TaqMan 48 Analyzers
• Roche Diagnostics COBAS GUI Software for the Tecan Clinical Workstation Roche Diagnostics Tecan Clinical Workstation
• PRECISE® RX Nitinol Stent Transhepatic Biliary System
• Tecan Clinical Workstation with RoboNet Software
• Arjo MINSTREL Patient Lifts
• VITEK GPS-107 Cards (Additional Lot)
• Micro Jewel II and GEM DR ICDs (implantable cardioverter-defibrillators)
• Roche Diagnostics Tecan Clinical Workstation
• MiniMed Paradigm Quick-set Plus Insulin Administration Set
• VITEK GPS-107 Cards
• Faaborg Patient Lifts
• ComfortGel Nasal Masks
• CoaguChek PT Test Strips
• Laboratory Information System Software Device, version 5.3
• VIDAS Chlamydia Assay
• ProbeTec ™ ET Instrument
• Tosoh Bioscience AIA-600 II Analyzers
• Portex Resuscitator
• Baxter Intravenous Filter Sets
• CAPTIA Syphilis G Elisa Test Kit
• Disetronic D-TRON Insulin Infusion Pump
• Pulmonetic Systems LTV Series Ventilator, Models LTV 1000, LTV 950, LTV 900 and LTV 800
• Bassinets with drop leaf work surface, models 248 and 1251
• Class 1 Medical Device Recall: Infant Bassinet
• Pulmonetic Systems LTV Series Ventilator, Models LTV 1000, LTV 950, LTV 900 and LTV 800
• Bard RapidFire Multiple Band Ligator (Item No. 000608)
• Solar 9500 Physiological ECG Monitor
• ESPRIT Ventilator
• Adcon-L and Adcon-T/N sterile
• Puritan-Bennett Ventilator, Model 840 containing Revision E-level software
• Gelfoam Sterile Power and Sponge

Whistle Blower (Qui Tam)

Fraud committed upon the government cost taxpayers billions of dollars every year. Unfortunately, government fraud is not rare and in most cases, people are afraid to report illegal activities because they are afraid of various forms of retaliation. Both the United States and state governments need your help and are more than willing to compensate you for the information you provide.

The False Claims Acts, 31 U.S.C. § 3729 imposes liability upon companies or individuals who present false claims for payment to or otherwise defraud the government in paying higher prices. A person who has information about fraudulent practices can file a lawsuit on behalf of the government against the companies or individuals who have committed the wrong.

Examples of improper acts include, but are not limited to:

• Instances in which a person or company improperly charges the government for a non-existent or non-compensable good or service, (i.e., bills the government the work not done or not properly done)
• Instances where the government is overcharged (i.e., where prices are fraudulently inflated)
• Instances where a false claim for payment has been submitted (i.e., submitting claims for Medicare or Medicaid payments where the payment is not done.)

The False Claims Act also provides protection to employees known as Whistle Blowers, who are terminated, demoted, harassed, or otherwise discriminated against by their employer for reporting the illegal conduct. The offending defendant may also be liable to the Whistle Blower for damages sustained as a result of the discriminatory conduct.

If you have worked for a company or a person who has engaged in such practices or you have proof of such acts, please Contact Us to discuss your options under the False Claims Act.

Automobile, 18-Wheeler and Train Accidents

Seeing Automobile Accidents is almost a daily occurrence. Many of these accidents occur because some drivers don't take the responsibility of driving seriously. Car accident victims and their families must endure pain, suffering, mental anguish, medical bills, loss wages and more. These victims deserve to be compensated for these damages.

Simien & Simien, LLC has experience helping the victims of automobile accidents, and we want to help you obtain the compensation you need and deserve. Contact Us and let us review your case.

18-Wheeler Trucks

Big rigs, 18 wheelers, and tractor trailers typically weigh about 80,000 pounds. The responsibility of driving an 18 wheeler is massive, because one mistake can cause tragic injuries and death. Truck drivers are put under enormous pressure to deliver items quickly. To keep up, truck drivers are using multiple methods to stay awake, deliver their items and keep their jobs.

Big rig or 18-wheeler accidents have been increasing dramatically the past few years. The reasons for these accidents vary, but regardless of the excuse, there are always several victims that will need extensive medical care and lost wages, or worse, families who have lost a loved one and are not only grieving, but have suffered financial losses. The victims of big truck accidents pay an enormous cost.

Simien & Simien, LLC understands the various factors that must be evaluated to determine the fault in a big rig accident and right amount of compensation for the victims of big rig truck accidents. If you or a loved one has been injured in a large truck accident, Contact Us, we are here to help.

Train Accidents

The United States has more than 600 railroads that are used to transfer equipment, supplies and people to their destinations. Unfortunately, there are nearly 3,000 train accidents each year that result, on average, in 1,000 deaths. There are many more victims with injuries ranging from simple cuts and bruises to catastrophic injuries that will permanently alter their lives.

Another area we all need to be concerned about is hazardous spills. Trains transfer hazardous materials to be disposed of in a safe, designated facility. When trains are involved in an accident, the materials can spill and cause environmental damage which in turn affects the people living in the area.

If you or a loved one has been injured in a train accident or if your community has been affected by a hazardous spill caused by a train accident, contact Simien & Simien, LLC today. We will review your case and help you determine the best course of action for you and your family.

Tobacco

Tobacco/Cigarettes

Cigarettes were introduced as a healthy and fun lifestyle choice, but through the years it has become apparent that tobacco products and cigarettes are extremely unhealthy. Tobacco use is the leading preventable cause of premature death in the United States. Recent statistics estimate that 400,000 U.S. deaths are caused by tobacco use each year. Tobacco/cigarettes use has been proven, in several national court cases, to cause several serious injuries to the body.

Some of these personal injuries include:

• Cancer of the -
  Lungs, Mouth, Throat, Larynx, Esophagus, Stomach, Pharyngeal, Pancreas, Uterus, Cervix, Kidney, Bladder, some forms of Leukemia
• Cerebrovascular Disease
• Chronic Obstructive Pulmonary Disease
• Coronary Heart Disease
• Complications During Pregnancy
• Oral Cavity/Tongue Cancer
• Vasoconstriction
• Peripheral Vascular Disease
• Aortic Aneurysm
• Second-Hand Smoke

Unfortunately, there are many people that sustain personal injuries from tobacco that they never used. Second-hand smoke contains over 4,000 chemicals. Among these chemicals, there are 50 that are known to cause cancer and 200 are considered poisonous. When children are exposed, they are more likely to have life-threatening health issues such as asthma, bronchitis and pneumonia. The Environmental Protection Agency has classified second-hand smoke as a Group A carcinogen- a known cause of cancer in humans. There are many people that cannot control being around second-hand smoke and when they become sick, as a result, they are understandably upset. If you, or a loved one, have been exposed to second-hand smoke and are having heath problems, contact us and tell us about your case.

To help with these problems, Simien & Simien, LLC participated in the representation of Louisiana in the now famous Attorney General Litigation against “Big Tobacco.” This litigation and the national initiative resulted in a $216 billion recovery nationally and over 4 billion dollars to Louisiana. Just as importantly, the settlement required tobacco companies to stop marketing to children and to participate in stop smoking programs. For more information, contact us today.

Mesothelioma

Mesothelioma is a rare form of cancer where malignant cells are found in the mesothelium, a protective sac that covers many of the body's internal organs. Between 1940 and 1979, approximately 27.5 million people were exposed to asbestos. Since 1973 and 1984, there has been a threefold increase in the diagnosis and treatment of this illness. While working with asbestos is the major risk factor associated, mesothelioma can also be exposed by indirect contact.

Some of the symptoms associated with Mesothelioma are:

• Chest wall pain
• Pleural effusion or fluid surrounding the lungs
• Shortness of breath
• Fatigue or anemia
• Wheezing, hoarseness, or cough
• Blood in the sputum coughed up

Symptoms of mesothelioma can appear 20-50 years after exposure. Asbestos was known, but not commercially used until the late 1800's. While being widely used in many industrial products, it was also used in cement, brake linings, roof shingles, flooring products, textiles, and insulation. The first lawsuits against asbestos manufactures began in 1929. Since then, many more lawsuits have been filed for negligence in implementing safety measures after the effects of asbestos, asbestosis, and mesothelioma became known. The liability from manufactures and the number of lawsuits are currently in the billions. If you think that you have been exposed to asbestos and are starting to show symptoms, contact us today to know your rights and to get you the help that you need.

Primary Pulmonary Hypertension (PPH)

Primary Pulmonary Hypertension (PPH) is a rare and incurable lung disease. It progresses over time and causes overwhelming pressure in the pulmonary artery that connects the lung to the heart. This pressure puts a lot of stress on the heart and eventually the capillaries and arteries will fatally shut.

There is a connection between PPH and some diet drugs such as Fen-Phen, Redux and Pondimin.  The FDA removed these very popular diet drugs from the market in 1997 and since then there has been an extraordinary number of new PPH cases.

The law firm of Simien & Simien, LLC understands the interconnectedness of PPH and the removed diet drugs that have caused so much harm.  If you or someone you love has been diagnosed with Primary Pulmonary Hypertension you may be entitled to compensation. Contact Simien & Simien today. We will review your case and help you determine the best course of action for you and your family. Our attorneys are focused, dedicated and they have the experience you need to attain a successful conclusion to your case.

Prescription Drug And Medicine Injuries

Simien & Simien has extensive experience handing the investigation, evaluation and prosecution of various medications and drug injury cases.  Listed below are some of the types of Drugs/Medicines claims we would evaluate for you.  Please contact us to evaluate any claim you might have.

RECENT FDA WARNINGS:

Total Body Formula

FDA Warns Consumers about "Total Body Formula" and "Total Body Mega Formula" , Distributor recalls dietary supplement products after reports of adverse reactions related to Dangerous Chromium and Selenium Levels in Some "Total Body Formula" Supplements"

The U.S. Food and Drug Administration is advising consumers not to purchase or consume Total Body Formula in the flavors of Tropical Orange and Peach Nectar, or Total Body Mega Formula in the Orange/Tangerine flavor. The liquid dietary supplement products may cause severe adverse reactions, including significant hair loss, muscle cramps, diarrhea, joint pain and fatigue.

The U.S. Food and Drug Administration’s (FDA) final analysis of certain flavors of "Total Body Formula" and "Total Body Mega Formula” have detected hazardous amounts of chromium in addition to previously reported hazardous selenium levels. The samples contained up to 3,426 micrograms of chromium for the recommended serving (17 times the recommended intake); the recommended chromium intake for adults is between 35 and 45 micrograms per day. Last month, testing also found that samples contained—per serving—drastically high levels of selenium at 40,800 micrograms, an amount significantly higher than the 200 micrograms listed.

The Total Body Formula products are sold in eight-ounce and 32-ounce plastic bottles. The Total Body Mega Formula is sold in 32-ounce plastic bottles. Both products are distributed by Total Body Essential Nutrition of Atlanta. The company is the sole distributor of the products and has voluntarily recalled Total Body Formula in the flavors of Tropical Orange and Peach Nectar and Total Body Mega Formula in Orange/Tangerine flavor.

The Florida Department of Health recently provided reports to the FDA on 23 individuals who experienced serious reactions to these products seven to 10 days after ingestion. In all cases, the reactions included significant hair loss, muscle cramps, diarrhea, joint pain and fatigue. The FDA subsequently learned and is investigating a report that some individuals in Tennessee using the same products have experienced similar reactions.

FDA laboratories are analyzing samples of the products to identify the cause of the reactions, including the possibility that the products contain excessive amounts of selenium, which is known to cause symptoms such as those described in the adverse events reported to the agency. Selenium, a trace mineral, is needed only in small amounts for good health.

The products have been distributed in Alabama, California, Florida, Georgia, Kentucky, Louisiana, Michigan, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Texas and Virginia.

The FDA is advising consumers in all states to avoid using the products immediately and to discard the products by placing them in a trash receptacle outside of the home.

Consumers who have been taking the products and have experienced adverse reactions should consult their health care professional. Consumers and health care professionals can also report adverse events to the FDA's MedWatch program at 800-FDA-1088 or online at www.fda.gov/medwatch/report.htm.

The U.S. Food and Drug Administration announced today that it has found hazardous levels of selenium in samples of certain flavors of the dietary supplement products "Total Body Formula" and "Total Body Mega Formula." The FDA has received 43 reports of persons from nine states who experienced serious adverse reactions using these products.

On March 27, the FDA warned consumers not to purchase or use "Total Body Formula" in flavors Tropical Orange and Peach Nectar and "Total Body Mega Formula" in the Orange/Tangerine flavor of these products after receiving reports of adverse reactions in users in Florida and Tennessee (www.fda.gov/bbs/topics/NEWS/2008/NEW01812.html). The adverse reactions generally occurred after five to 10 days of daily ingestion of the product, and included significant hair loss, muscle cramps, diarrhea, joint pain, deformed fingernails, and fatigue.

Selenium, a naturally occurring mineral, is needed only in very small amounts for good health. Selenium can boost the immune system. Generally, normal consumption of food and water provides adequate selenium to support good health. Excessive intake of selenium is known to cause symptoms to include significant hair loss, muscle cramps, diarrhea, joint pain, fatigue, loss of finger nails and blistering skin.

Presently, FDA has 43 reports of adverse reactions including cases from Alabama, Florida, Georgia, Kentucky, Michigan, New Jersey, North Carolina, Tennessee, and Texas.

Analyses of samples of the products by FDA laboratories have now found most of the samples contain extremely high levels of selenium--up to 40,800 micrograms per recommended serving, or more than 200 times the amount of selenium per serving (i.e., 200 micrograms) indicated on the labels of the products.

The FDA continues to investigate the matter to determine how excessive amounts of selenium were added to the products.

FDA is advising consumers to stop using "Total Body Formula" in flavors Tropical Orange and Peach Nectar and "Total Body Mega Formula" in the Orange/Tangerine flavor and discard them by placing them in a trash receptacle outside of the home. "Total Body Formula" products are sold in eight-ounce and 32-ounce plastic bottles. "Total Body Mega Formula" is sold in 32-ounce plastic bottles. Both product lines are distributed by Total Body Essential Nutrition of Atlanta, which is listed on the products' labels.

Consumers who have been taking the products and have experienced adverse reactions should consult their health care professional. Consumers and health care professionals are encouraged to report adverse events to the FDA's MedWatch program at 800-FDA-1088 or online at www.fda.gov/medwatch/how.htm.

The sole distributor of the "Total Body Formula" and "Total Body Mega Formula" products has voluntarily recalled the affected products. According to the company, the products were distributed nationwide.

More information about selenium and its toxic effects is available at this link to the Centers for Disease Control and Prevention's Agency for Toxic Substances and Disease Registry: www.atsdr.cdc.gov/tfacts92.html and the Recalls Home Page.

 

Digitek Recall

Digitek Digoxin Recall

Class I Recall

Tablets May Contain Two Times Active Ingredient's Approved Level.

Digitek pills manufactured by Actavis Totowa, distributed by Mylan Pharmaceuticals and sold under the labels “Bertek” or “UDL” have been recalled because they may contain double the dose of the active ingredient. Digitek is used to treat heart failure and abnormal heart rhythms. Tablets with twice the appropriate dose pose a risk of digitalis toxicity, symptoms of which include nausea, vomiting, dizziness, abnormal vision, low blood pressure, cardiac instability, slow heart rate and even death. Individuals with poor renal function are particularly susceptible to digitalis toxicity.

It is not yet known how many lots may have been affected so all lots are subject to this recall. Those suffering from digitalis toxicity may experience severe flu-like symptoms and, depending on the severity, may require hospitalization and intensive medical intervention.

Simien & Simien, LLC will put our resources and experience to work for you in your case involving serious injury and death claims related to the drug Digitek.

Digitalis is a medication prescribed to certain heart patients. Digitalis toxicity can result from long term therapy or can immediately result from ingestion of digitalis, particularly with an increased dose of the active ingredients. Digitalis toxicity can be caused by high levels of digitalis in the body, or a decreased tolerance to the drug. Patients with decreased tolerance may have "normal" digitalis levels. Digitalis toxicity can occur from a single exposure or chronic overmedication, or it may occur in patients with normal blood levels of digitalis if other risks are present. Risks include taking digitalis medications such as digoxin or digitoxin, along with medications that interact with digitalis such as guanidine, verapamil, amiodarone, and others.People with heart failure are commonly given diuretics (medications used to pull excess fluid from the body) along with digoxin. Many diuretics can cause potassium loss. Low levels of potassium in the body increase the risk of digitalis toxicity. Digitalis toxicity may also result from low levels of magnesium in the body.Reduced kidney function will cause digitalis to accumulate in the body rather than being excreted normally through urine. Therefore, any disorders that disrupt kidney functioning (including dehydration) make digitalis toxicity more likely.

Digitalis poisoning can cause nausea, vomiting, diarrhea, dizziness, confusion, loss of appetite, low blood pressure, cardiac instability and irregular pulse, heart palpitations, and Bradycardia (lowered heart rate) and Tachycardia (increased heart rate). It should however be noted, that electric cardioversion (to "shock" the heart) is generally not indicated in ventricular fibrillation in digitalis toxicity, as it can increase the dysrhythmia in digitalis toxicity. Renal Insufficiency is a risk factor for toxicity in patients taking digoxin. Vision changes such as halos or light rings around objects, seeing lights and bright colors, experiencing changes in color perception, blind spots in vision, and blurred vision can also occur. Patients can also experience decreased urine output and excessive nighttime urination, overall swelling, decreased consciousness, and difficulty breathing when lying down. At its most severe, death can result from excessive Digitalis intake. There have been reports of illness and injuries related to the recalled medications.

Contact Us About Drugs and Medicines in the News

Accutane: Acne treatment; side effects include: birth defects, depression, suicide and more.

Bextra: Treatment for osteoarthritis, rheumatoid arthritis and dysmenorrhea. Linked to high incidences of heart attacks, strokes and the potentially fatal skin condition known as Stevens-Johnson Syndrome .
Fosamax: Bisphosphonate medication used for bone loss; linked to jaw bone death.

Gadolinium: MRI/MRA Contrast Agent and Association with Nephrogenic Systemic Fibrosis (NSF) and Nephrogenic Fibrosing Dermopathy (NFD).

Ketek: Or telithromycin;& antibiotic treatment for respiratory infections. Linked to cases of liver toxicity.

Kugel Mesh Patch Recall: Used for ventral or incisional hernias; device ("memory recoil ring") is prone to breakage.

Ortho Evra: Birth control patch - exposes 60 percent more estrogen. Greater risk for blood clots and strokes.

Paxil: (SSRIs) - prescribed anxiety disorder, OCD, depression and more. Linked to extreme acts of violent behavior.

Prisma Dialysis Recall: Kidney dialysis system, alerts caregiver of fluid imbalance. Linked to serious injury or death if not monitored properly.

ReNu Recall: ReNu with MoistureLoc potentially linked to blinding eye infection, Fusarium keratitis.

Stevens-Johnson Syndrome: Often caused by an allergic reaction to a drug or medication. SJS side effects: painful blistering skin rash, peeling skin, and blistering sores.

Tequin: Or gatifloxacin. Antibiotic associated with hyperglycemia (high blood sugar) and hypoglycemia (low blood sugar).

Trasylol: Drug, prevents bleeding during heart surgery. Risk of kidney failure, increase of heart attack, heart failure and stroke.

Viagra: Drugs increase blood flow; relief for erectile dysfunction. Linked to blindness.

Vioxx: Rheumatoid arthritis treatment. Side effects include heart attack, stroke, even death.

Zelnorm: IBS drug linked to cardiovascular events of stroke and heart attack.

Free Drug Case Evaluation Form

Overtime Cases

Does Your Boss Make You Work Off The Clock?
And Not Pay You For That Time?
Do You Get "Comp Time" Rather Then Overtime Pay?
Are You A Salaried Employee Who Is Entitled To Overtime?
Did Your Employer Fail To Provide Your Final Paycheck When You Quit Or Were Fired?

THEN YOU MAY BE ENTITLED TO THOUSANDS OF DOLLARS IN UNPAID WAGES AND OVERTIME PLUS ADDITIONAL DAMAGES!

At Simien & Simien LLC we not only handle unpaid wage and overtime claims, but we also fight to protect the rights of employees if they experience retaliation from their employer for pursuing these claims. We are committed to the representation and protection of workers who are victimized by their employers who violate these wages and hour laws or otherwise deny employees their final paycheck.

What Are Your Rights To Wages And Overtime?

1. Applicable Laws Governing Payment of Wages
2. What Hours Count as Hours Worked
3. FAQS
4. 10 Common Overtime Mistakes
5. Common Employment Fields & Overtime Abuse
6. Exempt Status of Specific Jobs
7. List of FLSA Terms
8. Overtime Questionnaire

Overtime Cases Questionaire

IRS 412(i) TAX SHELTERS:

Typically, these transactions will include an insurance company, accountant, tax attorney, and a promoter (someone with an insurance background, perhaps an actuary, who knows how to structure the policy itself). These groups will use insurance brokerages and sub-agents (licensed in the various states) to sell the policies themselves.

HOW THESE PLANS WORK:

In the late 1990s, the individuals and groups above devised a scheme to sell abusive tax shelters under the auspices of Section 412(i) of the tax code. A 412(i) is a defined benefit pension plan. It provides specific retirement benefits to participants once they reach retirement and must contain assets sufficient to pay those benefits. A 412(i) plan differs from other defined benefit pension plans in that it must be funded exclusively by the purchase of individual life insurance products. To create a 412(i) plan, there must be a trust to hold the assets.

The employer funds the plan by making cash contributions to the trust, and the Code allows the employer to take a tax deduction in the amount of the contributions, i.e. the entire amount. The trust uses the contributed funds to purchase some combination of life insurance products (insurance or annuities) for the plan. As the plan participants retire, the trust will usually sell the policies for their present cash value and purchase annuities with the proceeds.

The revenue stream from the annuities pays the specified retirement benefit to plan participants. These defendants (with the aid and knowledge of the insurance companies) used the traditional structure and sold life insurance policies with excessively high premiums. The trust then uses the large cash contributions to pay high insurance premiums and the employer takes a deduction for the sum of those large contributions. As you might expect, these policies were designed with excessively high fees or "loads" which provided exorbitant commissions to the insurance companies and the agents who sold the products.

The policies that were sold were termed Cash Value Policies. They had no cash value typically for the first 5-7 years, after which they had significant cash value. Under this scheme, after 5-7 years, and just before the cash value sprung, the participant purchases the policy from the trust for the policy's surrender value. In theory, you have a tax-free transaction.

The IRS does not recognize the tax benefit of such a plan and has repeatedly issued announcements indicating that such plans are contrary to federal tax laws and regulations. These plans were targeted to high net worth individuals, including doctors, dentists, corporate executives, and professional athletes.

If you are a participant in a Section 412(i) Defined Benefit Pension Plan who has purchased one or more insurance policies with the understanding that the insurance policies were a legitimate tax shelter, you may contact Simien & Simien, LLC toll-free at 800-374-8422 or 225-932-9221.

PENSION & RETIREMENT PLAN LOSSES:

Oppenheimer Champion Income Fund Lawsuits

The financial loss lawyers at Simien & Simien, LLC are reviewing potential arbitration claims on behalf of investors in the Oppenheimer Champion Income Fund who have suffered losses in excess of $50,000. Potential Oppenheimer Champion Fund lawsuits in association with other lawyers can be reviewed throughout the United States, and there are no fees or expenses unless a recovery is obtained.

**EVALUATE MY OPPENHEIMER OR OTHER FUND INVESTOR LAWSUIT**

Although investors were told that they were purchasing relatively conservative bond S funds which would preserve their capital while generating income, fund managers changed their investment style without properly informing shareholders and exposed the fund to greater risk than investors otherwise agreed to accept.

The Oppenheimer Champion Income Fund; Regions Morgan Keegan (including Advantage Fund, Strategic Fund, High Income Fund, Multi-Sector Fund and Select Intermediate Bond and Select High Income Funds); as well as the Schwab: Yield Plus have suffered devastating losses, often associated with risky gambles made on mortgage-backed securities and corporate bonds. Fund managers failed to properly adhere to the stated investment objectives of not taking any undue risk and failed properly advise and disclose the extent of investors' exposure to derivatives and other illiquid securities.

Investors may be entitled to recover their losses through arbitration claims filed with the Financial Industry Regulatory Authority (FINRA), which oversees about 5,000 different brokerage firms throughout the United States.

INVESTMENT FUND ATTORNEYS

For losses in excess of $50,000 or more, our ATTORNEYS often recommend that investors review the individual arbitration options, rather than relying on the pending class action lawsuits, which may not place them in the best position to recover their losses in the shortest amount of time.

If you, a friend, or family member has experienced significant losses in the value of an investment in either the OPPENHEIMER, REGENTS MORGAN KEEGAN AND SCHWAB PENSION AND BOND FUNDS, contact our attorneys today by requesting a free consultation and claim evaluation.

Other Practice & Areas of Interest:

• 412(i) tax structure litigation, involving claimants from all walks of life including physicians, healthcare workers, and other professionals
• Electrical injuries, deaths or disability
• Business torts including large damage claims for tortious contract interference or breaches
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• Dangerous drugs including Avandia, Actos, Avandamet, Avandaryl, Hydroxycut,Paxil, Vioxx, Accutane, and others
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• Unpaid wages
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• Unpaid salary
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• Misclassified managerial employees (supervisors, assistant managers or managers)
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• Car wrecks
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• 18 wheeler wrecks
• Log trucks
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• Alcohol and drug use
• Commercial motor vehicles, bus or train
• Deaths
• Rollover crash
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• Drunk or drug-using-impaired driver
• Bad truck design including side and rear under ride protection
• Faulty seat belts
• Tire blowouts
• Defective airbags
• Driver fatigue
• Retirement account losses

 

• Personal Injury
• Maritime and Offshore
• Consumer Class Actions
• Price Fixing Antitrust Class Actions
• Mass Torts
• Environmental and Toxic Torts
• Defective (Faulty) Medical Devices
• Whistle Blower (Qui Tam)
• Automobile, 18 Wheeler and Train Accidents
• Mesothelioma
• Primary Pulmonary Hypertension
• Drug Cases
• Overtime Cases
• IRS 412(i) Tax Shelter Problems
• Pension & Retirement Plan Losses