Landmark Birth Injury Settlement for Attorney Laura Kalur

 

Advocate Capital Inc. client Laura KalurYou learn you’re having your first baby and you’re excited that you’ll be a mother. Your pregnancy goes smoothly – except your due date comes and goes. Fifteen days later, your doctor induces labor.

 

Then the worse-case scenario begins…trouble during the 11 hour delivery. The 11 pound, unborn baby is in distress. His heart rate dips below 60 beats per minute for more than 5 agonizing minutes. After 28 more minutes, the doctors finally order an emergency C-section – in an available OR across the hall.

 

For those of us with kids, our innate fear of a nightmare scenario became reality for first time parents Derrick and Elizabeth Ramseyer. Their son Maverick was in fetal distress and during the C-section procedure untrained personnel and insufficient equipment caused additional complications including; inhalation of his own fecal matter, or meconium.

 

Maverick survived, although with significant brain damage and developed cerebral palsy.

 

See additional details and photos here: http://stjr.nl/1J9sUBC

 

Attorney Laura Kalur was called in by the family because of her extensive medical negligence experience. She uncovered significant doctor and hospital errors that caused and exacerbated Maverick’s injuries. She was successful in fighting for the family winning a confidential settlement which provides an excellent resolution for the family.

 

To Laura we offer, on behalf of everyone at Advocate Capital, our sincere congratulations and thanks for all you do for all your clients.

 

We work with the country’s best and brightest trial lawyers and, we are proud that Ms. Kalur is one of our valued clients.

 

Jeff Glueck

Vice President – Business Development

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Thanksgiving Holiday

 

Copyright : Iveta Aleksandrova AngelovaThanksgiving is a time for family. The Advocate Capital family will be closed for Thanksgiving and the Friday following. All funding requests received  on Wednesday, November 25 will be processed with a Friday, November 27 date.

 

All payment requests received by 3:00 pm CST on Wednesday, November 25 will be processed with a Monday, November 30 date. All funding and payment requests received after the above Wednesday times and through Sunday, November 29 will be processed promptly on Monday, November 30.

 

Should you have any questions regarding the processing of any transaction, please feel free to contact our Accounting Team at 1-615-577-5448 or by email to the address: Accounting@AdvocateCapital.com.

 

Thank you for being a valued customer. The entire Advocate Capital, Inc. Team wishes you and your family a happy and safe Thanksgiving holiday.

 

Mary Berst

Director of Finance and Administration

 

Photo Credit: Iveta Aleksandrova Angelova
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How Wearable Technology and 3D Printing Will Impact Litigation

 

Photo Credit: Claudia MoraAs we approach the chaos of the holiday shopping season, we may consider Fitbits, Apple watches or even 3D printers as great gift ideas for relatives. What you may not realize is how the increased popularity of these items will provide a practical use for lawyers.

 

In a recent article, Nicole Black of MyCase shared some examples of how “lawyers are already using both types of technology to provide better, more effective representation for their clients.” Here are a few of her examples:

 

  • In December 2014, a Calgary law firm used its client’s Fitbit data as evidence in a personal injury matter to show that her activity level had significantly decreased since the accident at issue as a result of her injuries.
  • Police in Lancaster, Pennsylvania, used a rape complainant’s Fitbit data to refute her claims. While she alleged that she’d been asleep when an assailant broke into her home and attacked her, data from her Fitbit indicated she’d been awake and walking around for much of the evening.
  • A few forward-thinking lawyers have already used 3D printing to support their clients’ claims. Thus far, 3D printing has proved particularly useful during the pre-litigation phase of a case, although it will most certainly be used during all phases of litigation.

 

(View the full article, “Wearable Technology, 3D Printing and Litigation”)

 

Technology is continuing to evolve and it’s important for litigators to stay up to date. As Ms. Black states, “By understanding the limitations and possibilities of emerging technologies, you’re able to offer your clients the best possible representation.”

 

Tina Burns

Vice President

 

Photo Credit: Claudia Mora
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Advocate Capital, Inc. Supports Public Justice with #GivingTuesday

 

http://www.givingtuesday.org/Tuesday, December 1st marks the first day of the annual, month-long campaign, #GivingTuesday. During the month of December, supporters are asked to make a special, tax-deductible gift in support of Public Justice.

 

During the holiday season, it is easy to get caught up in the Black Friday and Cyber Monday hustle and bustle, but Public Justice is urging people to change their focus to supporting good causes. If you would like to make a one-time, tax-deductible gift to this great organization, you can do so by completing this quick and easy donation form.

 

Public Justice LogoThe Public Justice Foundation is a not-for-profit charitable membership organization that supports cutting-edge litigation and educates the public about critical issues. Their mission is to pursue high impact lawsuits to combat social and economic injustice, protect the Earth’s sustainability, and challenge predatory corporate conduct and government abuses.

 

Thank you in advance for your support of this great organization who makes it their first priority to Right Wrongs.

 

Tina Burns

Vice President

 

Photo Credit: GivingTuesday.org
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Consumer Rights Protection via Passing of the Arbitration Fairness Act

 

Copyright: Hieng Ling TieMost people at some point in their life will be given the option “click here to agree,” whether it be in a credit card, wireless phone, or other similar binding agreement. By clicking that option, you agree to the terms and conditions provided by the company you wish to receive service.

 

The huge issue here is that those terms are conditions are riddled with lengthy content that most likely contains an individual arbitration clause. These clauses bar people from joining together in class-action lawsuits, and force “going it alone” should you choose to sue these large corporations.

 

To read more about this corporate bullying tactic, you can read a three-part investigative series titled Arbitration Everywhere, Stacking the Deck of Justice.

 

The good news is there are proposed bills in the U.S. House of Representatives and the Senate that would rid us of these clauses. The bad news is Congress has stalled the process of turning these bills into laws, therefore, stalling the constitutional rights of consumers.

 

If you would like to join in the movement of getting these bills passed, please sign the petition that tells Congress it’s time to make a change. Follow this link to sign the petition today!

 

Tina Burns

Vice President

 

Photo Credit: Hieng Ling Tie

 

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Advocate Capital, Inc.’s Team Hope Volunteers at Second Harvest Food Bank

 

Advocate Capital Inc. Team Hope Second Harvest

 

On Tuesday, November 17th, Advocate Capital’s Team Hope volunteered for Second Harvest Food Bank of Middle Tennessee by sorting food for a few hours. As a group, we helped sort and pack 7,622lbs of food and provide 5,863 meals to families in need! We would like to thank all of our employees who took the time to volunteer:

 

Jaime Bruder

Tina Burns

Buffy Escue

Jeff Glueck

Laszlo Kovacs

Lynn Malone

Tiffany Orth

Karen Piercey

Mike Swanson

 

View photos from our day volunteering in our Facebook and Google+ albums.

 

Team Hope is still hosting our Virtual Food Drive where we have set a goal to raise $500 for Second Harvest Food Bank of Middle Tennessee. The virtual drive will run through the month of November, so there is still time to donate and help us reach our goal!

 

We would like to give a huge thank you to all who have donated to a great organization that helps those in need in our community, especially during this holiday season.

 

Tina Burns

Vice President

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Simona Farrise Holds Janssen Pharmaceutical Accountable in Wrongful Death with $8M Verdict

 

FarriseCongratulations to Attorney Simona Farrise of the Farrise Law Firm of California for taking on pharmaceutical giant Janssen Pharmaceutical and holding them accountable for the death of 25 year old Leo Liu. Leo Liu was used in a human drug experiment in Janssen’s quest to develop Risperidone, an injectable form of Risperdal. Simona Farrise took the case in 2009 to represent the parents of Leo Liu and to bring Janssen Pharmaceutical to justice. After nearly six years of intense litigation led by attorney Simona Farrise, a jury spoke returning a verdict of $8.0 million on behalf of the mother of Leo Liu and found Janssen 70% responsible for the death.

 

At the age of 19 Leo Liu developed a sudden onset mental disorder and was subsequently diagnosed with schizophrenia. By 2009, Leo was 25 and desperate for help to reclaim the happy, active life he enjoyed prior to his diagnosis. Despicably, Leo Liu was persuaded by Janssen’s clinical investigator to participate in a human drug experiment Janssen was conducting on schizophrenics to gain FDA approval of a new form of its long time drug Risperdal.

 

In separate actions concerning the same drug, Johnson & Johnson and three of its subsidiaries agreed to pay $2.2 billion dollars to resolve criminal and civil claims for improper off-label marketing practices involving the use of Risperdal. Despite that, Janssen, a subsidiary of Johnson & Johnson Pharmaceutical Research & Development, pushed forward with the clinical trial of the injectable form of the drug known as Risperidone. Leo Liu was about to become their next victim.

 

On February 22, 2009, despite an abnormal screening EKG and abnormal lab results at screening, Leo Liu was entered into the human experimental trial and a couple of days later injected with Risperidone. Hours following the injection, lab results indicated panic level abnormal liver test results and continuing EKG abnormalities, yet the Janssen investigator who was vetted, hired and paid by Janssen to conduct the experiment, took no action to get Leo desperately needed medical services. On February 25th just two days following the injection, Leo Liu was sent to a local hospital by Janssen with none of their information about the heart and liver problems and he died very soon after arrival at the age of 25.

 

As Simona Farrise so accurately puts it,

I have to make the distinction that this is not medicine, the injection was not given to help him or to cure him. It was designed for Johnson and Johnson to be able to sell a new formulation of an old drug legally protected by a patent from any competition and make money.

 

We are honored to support trial lawyers throughout the U.S. like Simona Farrise who demonstrate the legal acumen, expertise, passion and the commitment to justice in taking on corporate giants like Janssen. Simona Farrise pushed forward for many years to seek justice on behalf of Leo Liu’s family, who died needlessly while carelessly being used as part of a human drug experiment. Click here to view news coverage on the verdict.

 

Lisa Wagner

Senior Vice President, Client Services

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Eberstein & Witherite, L.L.P. Named to Top 100 Places to Work

 

Dallas_Morning_News_Top100_2015horxCongratulations to friend and client, Amy Witherite, owner of the Dallas, TX based personal injury law firm Eberstein & Witherite, LLP, on the Firm’s recent designation as a 2015 Top 100 Places to Work.

 

After being nominated, Firm employees participate in a survey and responses are benchmarked against responses from employees of other nominees in the same size category.

 

Focusing on building a brand and a successful practice is simply smart business, but Amy Witherite gets the big picture and extends her focus to building an award winning work environment for a team of excellent lawyers and staff members committed to getting the best result possible for injured people and small businesses. Building a great business includes dedication and focus to overall organizational health. Employees have spoken and Eberstein & Witherite, LLP is a winner!

 

Eberstein & WitheriteIn addition to being a great leader, Amy Witherite is also recognized by the National Association of Distinguished Counsel as a lawyer in the Nations’ Top One Percent for 2015. Texas Super Lawyers has named her as one of the 50 Best Women Lawyers in Texas and she has been selected repeatedly by her peers as a Texas Super Lawyer.

 

Please join us in congratulating Attorney Amy Witherite on being recognized not only as a superior lawyer for injured people and small businesses, but also as an award winning organizational leader!

 

Lisa Wagner

Senior Vice President, Client Services

 

Photo Credit: Business Wire

 

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Democrats Warn Consumers are Losing Their Rights

 

Copyright : zerborWe have blogged many times in this spot about the negative impact of arbitration clauses on consumers’ right to a trial by jury.  In a recent article in The Hill, Lydia Wheeler reports that congressional Democrats “are calling on regulators to protect consumers’ right to settle disputes with companies in court.” Sen. Al Franken (D-MN) and Rep. Hank Johnson (D-GA) “joined legal experts with the American Association for Justice on Monday to highlight a New York Times investigation that found more and more companies are stripping consumers of the ability to file class-action lawsuits.” According to the Times report, “companies have devised a way to circumvent the courts through arbitration clauses.” The clauses “typically state that disputes about a product can only be resolved by privately appointed individuals or arbitrators, rather than through the court system, and bar consumers from bringing group claims through the arbitration process. ‘These dishonest agreements force consumers to unknowingly give away their rights,’ said Linda Lipsen, CEO of the American Association for Justice. ‘Arbitrators are not required to follow the law and their decisions are almost impossible to appeal.’”

 

The full article in The Hill can be read here.

 

The New York Times report can be read here.

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Indiana Trial Lawyers Association 51st Annual Institute

 

ITLA_LogoLisa Wagner and I were so pleased to participate in the ITLA’s 51st Institute in Indianapolis Indiana last week.

 

This was our first year exhibiting at this event and as I drove up to the convention center I was awe struck with just how BIG Lucas Oil Stadium is.  What an amazing venue for a football game that venue must be!

 

Lisa and I had the opportunity to meet so many attendees during the conference.  Thank you all for stopping by our booth to say hello.  You all made us feel so welcome.

 

Congratulations Lee Christie of Cline Farrell Christie & Lee for winning the Trial Lawyer of the Year award!

 

We look forward to being back next year, and seeing you all again.  Until then, Go COLTS!

 

Jeff Glueck

Vice President – Business Development

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