Injury Legal News & Alerts
This section contains news updates and alerts directly related to Injury Law and the areas of practice that Brumbaugh, Mu & King, P.A. handles. If any of the below notifications affects you, please contact us immediately at (800) 635-1683 or message us now through our Online Contact Form!
Product Recall Alert: Novartis Consumer Health Over-The-Counter Products (1-10-12)
Novartis Consumer Health Inc. has voluntarily recalled all lots of over-the-counter NoDoz, Exedrin, Excedrin Sinus Headche, Bufferin, Bufferin Extra Strength, NoDoz Maximum Strength, Excedrin Migraine, Excedrin Extra Strength, Excedrin PM, Excedrin Back and Body, Excedrin Menstrual Complete, Bufferin Low Does & Gas-X Prevention.
The FDA reports that product bottles manufactured and filled at the Novartis's Lincoln, Nebraska plant may have received chipped and broken pills, and inconsistent bottle packaging that may have resulted in some bottles containing foreign tablets, caplets, or capsules.
The FDA recommends that consumers check their pill bottles thoroughly for any foreign or broken pills. If you discover any pills that are different in shape, size, color, or markings, do not take any of the pills included in the product container.
If you experienced any adverse side effects or events due to having taken any of the above medicines, please maintain possession of the pill bottle and call our office immediately at 800-635-1683 to learn your legal rights and options.
If you have not been adversely affected and have discovered foreign pills inside one of the products listed, please discontinue use of the product and immediately visit your local pharmacist.
FDA MedWatch Alert: Potential Safety Risk (1-9-12)
The FDA has alerted consumers of a potential problem with opiate products manufactured and packaged for Endo Pharmaceuticals by Novartis Consumer Health's Lincoln, Nebraska manufacturing site. Due to problems that occurred during the packaging and labeling at the Lincoln site, tablets from one product type may have carried over into packaging of another product type. This could result in a stray pill of one medicine ending up in the bottle of another.
The FDA recommends that patients examine any opiate medicines in their possession, that are manufactured by Endo, and ensure that all tablets are the same.
Products affected would include:
•Opana ER (oxymorphone hydrochloride) Extended-Release Tablets CII
•Opana (oxymorphone hydrochloride) CII
•Oxymorphone hydrochloride Tablets CII
•PERCOCET (oxycodone hydrochloride and acetaminophen USP) Tablets CII
•PERCODAN (oxycodone hydrochloride and aspirin, USP) Tablets CII
•ENDOCET (oxycodone hydrochloride and acetaminophen USP) Tablets CII
•ENDODAN (oxycodone hydrochloride and aspirin, USP) Tablets CII
•MORPHINE SULFATE Extended-Release Tablets CII
•ZYDONE (hydrocodone bitartrate/acetaminophen tablets, USP) CIII
If you have suffered any adverse events or side effects related to the use of the above products, we recommend that you call our offices immediately at 800-635-1683, to discover what legal actions may be available for your situation.
A compromise has been reached on House Bill 709 (6-2-11: Workers' Compensation)
North Carolina General Assembly House Bill 709
Call-To-Action: House Bill 709 Vote/Meeting! (5-24-11: Workers' Compensation)
The House Select Committee on Tort Reform will be meeting for an expected vote on House Bill 709 on May 26th, 2011 at 11:00am. Everyone please contact your representative and tell them to vote NO on House Bill 709 immediately, unless the changes benefit NC workers and NOT the insurance companies!
Contact & speak with your representative!
If this bill passes Thursday, it will majorly affect Workers' Compensation benefits and rights in NC!
We urge everyone to attend Thursday's meeting in person and be heard by once again filling the meeting room to overflowing! This will let our representatives know that their vote will take notice and could potentially effect their re-election!
For more information about House Bill 709, please scroll down.
A Doctor's Opinion on NC House Bill 709 (5-20-11: Workers' Compensation)
Recently the Raleigh News & Observer, ran an article by Gregory M. Bertics, M.D., a Raleigh neurologist with over 20 years of experience practicing medicine in Wake County.
In the article, Dr. Bertics goes into detail about his experience with workers' compensation insurance companies and case manager nurses.
Click to read the Full Story on the News & Observer
Rep. Dale Forwell - Primary Supporter of NC HB 709 (5-18-11: Workers' Compensation)
When a citizen votes for a house representative, they normally select a candidate that they feel will listen to their voice and vote accordingly. A candidate that cares about his or her constituents enough to listen when they cry for help or with outrage over unjust legislation.
Unfortunately, Rep. Dale Forwell of Forsyth County, the primary supporter of NC House Bill 709, does not seem to be such a representative. In a video posted by WRAL of the May 12th 2011 Select Committee on Tort Reform meeting, Forwell stated "We’ll continue to accept the phone calls. We’ll continue to accept the emails. But nothing -- none of those -- are going to deter me."
As well, Forwell continues to state that House Bill 709 has "nothing to do with people who are currently on workers' compensation." A very clear untruth, as all North Carolinians will be affected, both the currently injured & uninjured. Upon passing, privacy guards that currently protect injured workers will fall, and insurance companies will have the ability to begin denying second opinions and requests for specialists.
While Forwell stands firm in his decision to vote Yes to House Bill 709 despite his constituents' desire for him to do otherwise, there is still a strong hope that other representatives are still indeed listening to the voices of their contituents. Thus we continue to urge everyone to reach out to your elected representative and tell them to vote NO to NC House Bill 709 unless changes are made to truly benefit NC workers, not the insurance companies!
WRAL's Video of May 12th's Select Committee on Tort Reform's Meeting
(Rep. Dale Forwell's full comments can be heard after the 28-minute mark.)
Rep. Dale Forwell of Forsyth County - NCGA Biography, Contact Info & Voting Record
Contact & speak with your representative today!
House Bill 709 - Update (5-13-11: Workers' Compensation)
Thankfully, no vote was taken on May 12th as planned, as once again citizens packed the meeting room in opposition of NC House Bill 709. Currently both sides of this Workers' Compensation battle are diligently discussing and negotiating improvements to the bill.
It is still important to contact your representative and tell them to vote NO on House Bill 709 unless the changes made to this bill are fair to NC workers, not the insurance companies!
Click for info on how to contact & speak with your representative!
House Bill 709 - An Urgent Call-To-Action! (5-11-11: Workers' Compensation)
The House Select Committee on Tort Reform will be meeting for an expected final vote on House Bill 709 on May 12th, 2011. Everyone please contact your representative and tell them to vote NO on House Bill 709 immediately!
Click for info on how to contact & speak with your representative!
If this bill passes tomorrow, it will majorly affect Workers' Compensation benefits and rights in North Carolina!
We urge everyone to attend tomorrow's meeting in person and be heard by once again filling the meeting room to overflowing! This will let our representatives know that their vote will take notice and could potentially effect their re-election!
For more information about House Bill 709, please scroll down.
House Bill 709 - A call to action for all NC workers! (4-15-11: Workers' Compensation)
We strongly urge our clients, and all individuals working in North Carolina, to attend the House Select Committee on Tort Reform at 11:00am on April 21, 2011 to say NO to House Bill 709!
House Bill 709 will remove or cap many benefits that our current Workers' Compensation laws provide! In addition, it could leave thousands of North Carolinians without medical treatment or income, cripple our government's already staggering budget and debt, and further overload already struggling social programs such as Social Security Disability, Medicaid, and Medicare! (Scroll down to learn more.)
Why is it important that you attend?
At the end of this important meeting, a vote will be immediately cast and everyone's workers' compensation benefits in North Carolina could be massively impacted. If you are opposed to House Bill 709 and do not wish to have your benefits reduced, cut or removed in the near future, it is imperative that you attend this meeting and speak out against the removal of your workmens' rights! If a strong voice of the people oppose this bill before legislators, then we could severely impact the outcome.
We plead to everyone in North Carolina to say NO to House Bill 709 with us on April 21st, 2011.
We, the People, can not make a difference if we do not stand and make ourselves heard!
Click to sign the Online Petition!
North Carolina House Bill 709 (4-11-11: Workers' Compensation)
House Bill 709 is designed to cap workers' compensation medical and wage benefits at 500 weeks of compensation, and allow insurance companies to force injured workers back to work in low-paying jobs that they deem "suitable".
If House Bill 709 passes on April 21, 2011, insurance companies will have total control to strip away workers' deserved benefits and privacy. Without knowledge or consent of an employee, insurance carriers will be allowed to access ALL past medical records, even those unrelated to a work injury. The bill will give companies the ability to take away benefits if a worker disagrees with the provided doctor, and severely limits their right to a second opinion. In truth, insurance companies will make it virtually impossible to change doctors, even if receiving bad care, or to consult a specialist if they do not deem it necessary.
After 500 weeks, all injured workers, including those suffering from catastrophic and lifelong injuries, will be required to seek medical treatment through private healthcare or social programs such as Medicaid, Medicare, Social Security Disability, and public hospital systems. Programs that can take months, and in most cases, years to instate coverage from.
Along with burdening our already struggling social services and further adding to our country's financial debt, this bill could also damage our local economy. Many injured workers will have to default on their automobile, home and consumer loans due to their compensation checks ending and having no ability to obtain gainful employment.
House Bill 709 is essentially designed to profit the insurance industry and large self-insured businesses. Even though the NC Dept of Insurance is reporting that workers' compensation insurance premiums have fallen by 21.9% since 1995, insurance carriers will have more leeway to "save a buck" by terminating and capping valid injury claims.
Work related injuries often occur from an employer's lack of responsibility to insure a safe working environment, or from misguided instructions provided to an employee. The fault of the injury in most causes lies solely on the employer, and thus the provision of medical care and wage replacement for workplace injuries should not be shifted to the taxpayers of North Carolina.
This bill could affect everyone currently receiving workers' compensation benefits and all who may need them in the future! So please stand up for yourself and all North Carolinians, by saying NO to House Bill 709!
Click to sign the Online Petition!
Click to locate & contact your local representative!
Dangerous Product Alert: Fixodent Denture Cream (2-9-11: Product Liability)
An ABC News Investigative Report recently revealed that this popular denture cream may cause excessive nerve damage. As a result, a class action lawsuit has been filed against Proctor & Gamble.
If you or your doctor suspect that you have suffered nerve damage or other serious side effects as a result of using Fixodent, please contact our office immediately!
Click to read the full story on ABC News
Product Recall Alert: Novartis Consumer Health Over-The-Counter Products (1-10-12)
Novartis Consumer Health Inc. has voluntarily recalled all lots of over-the-counter NoDoz, Exedrin, Excedrin Sinus Headche, Bufferin, Bufferin Extra Strength, NoDoz Maximum Strength, Excedrin Migraine, Excedrin Extra Strength, Excedrin PM, Excedrin Back and Body, Excedrin Menstrual Complete, Bufferin Low Does & Gas-X Prevention.
The FDA reports that product bottles manufactured and filled at the Novartis's Lincoln, Nebraska plant may have received chipped and broken pills, and inconsistent bottle packaging that may have resulted in some bottles containing foreign tablets, caplets, or capsules.
The FDA recommends that consumers check their pill bottles thoroughly for any foreign or broken pills. If you discover any pills that are different in shape, size, color, or markings, do not take any of the pills included in the product container.
If you experienced any adverse side effects or events due to having taken any of the above medicines, please maintain possession of the pill bottle and call our office immediately at 800-635-1683 to learn your legal rights and options.
If you have not been adversely affected and have discovered foreign pills inside one of the products listed, please discontinue use of the product and immediately visit your local pharmacist.
FDA MedWatch Alert: Potential Safety Risk (1-9-12)
The FDA has alerted consumers of a potential problem with opiate products manufactured and packaged for Endo Pharmaceuticals by Novartis Consumer Health's Lincoln, Nebraska manufacturing site. Due to problems that occurred during the packaging and labeling at the Lincoln site, tablets from one product type may have carried over into packaging of another product type. This could result in a stray pill of one medicine ending up in the bottle of another.
The FDA recommends that patients examine any opiate medicines in their possession, that are manufactured by Endo, and ensure that all tablets are the same.
Products affected would include:
•Opana ER (oxymorphone hydrochloride) Extended-Release Tablets CII
•Opana (oxymorphone hydrochloride) CII
•Oxymorphone hydrochloride Tablets CII
•PERCOCET (oxycodone hydrochloride and acetaminophen USP) Tablets CII
•PERCODAN (oxycodone hydrochloride and aspirin, USP) Tablets CII
•ENDOCET (oxycodone hydrochloride and acetaminophen USP) Tablets CII
•ENDODAN (oxycodone hydrochloride and aspirin, USP) Tablets CII
•MORPHINE SULFATE Extended-Release Tablets CII
•ZYDONE (hydrocodone bitartrate/acetaminophen tablets, USP) CIII
If you have suffered any adverse events or side effects related to the use of the above products, we recommend that you call our offices immediately at 800-635-1683, to discover what legal actions may be available for your situation.
A compromise has been reached on House Bill 709 (6-2-11: Workers' Compensation)
The compromised version of the bill has a few key differences from the original, such as:
The definition of suitable employment now takes into account a worker's vocational skills, education and experience.
The compromise version also makes it easier for injured workers to seek a second medical opinion.
The new bill restricts the insurers' and employers' access to a workers' medical records.
Instead of allowing unlimited access and communication with health care providers, now they may have access to medical records related to the work related injury IF they are paying for the treatment.
The 500-week cap on benefits remains in place, but there are exceptions. "Workers would be able to qualify for 'extended compensation' if they can prove that they have 'sustained a total loss of wage earning capacity,' according to the News & Observer.
North Carolina General Assembly House Bill 709
Call-To-Action: House Bill 709 Vote/Meeting! (5-24-11: Workers' Compensation)
The House Select Committee on Tort Reform will be meeting for an expected vote on House Bill 709 on May 26th, 2011 at 11:00am. Everyone please contact your representative and tell them to vote NO on House Bill 709 immediately, unless the changes benefit NC workers and NOT the insurance companies!
Contact & speak with your representative!
If this bill passes Thursday, it will majorly affect Workers' Compensation benefits and rights in NC!
We urge everyone to attend Thursday's meeting in person and be heard by once again filling the meeting room to overflowing! This will let our representatives know that their vote will take notice and could potentially effect their re-election!
May 26th, 2011 at 11:00pm
The North Carolina General Assembly - Meeting Room 1327 LB
Legislative Building, 16 West Jones Street, Raleigh, NC 27601
*** All Clients who attend will be reimbursed for travel and parking, and receive a gift certificate for lunch! If you plan to attend, please call 800-635-1683 & ask for "Raleigh". ***
For more information about House Bill 709, please scroll down.
A Doctor's Opinion on NC House Bill 709 (5-20-11: Workers' Compensation)
Recently the Raleigh News & Observer, ran an article by Gregory M. Bertics, M.D., a Raleigh neurologist with over 20 years of experience practicing medicine in Wake County.
In the article, Dr. Bertics goes into detail about his experience with workers' compensation insurance companies and case manager nurses.
"It was my experience that workers' compensation insurance carriers and some large employers tried to exercise excessive control over the medical care received by injured workers.
Insurance carriers have nurse case managers who physically attend the medical appointments of injured workers. These nurse case managers provided the insurance adjusters with the results of the appointments. However, they would also often question treatment plans, and I would wonder if they advocated courses of treatment that favored the insurance company rather than the patient."
Having experienced further problems and difficult situations with the insurance companies and case manager nurses, Dr. Bertics goes on to describe how disturbed he is by changes proposed in NC HB 709.Insurance carriers have nurse case managers who physically attend the medical appointments of injured workers. These nurse case managers provided the insurance adjusters with the results of the appointments. However, they would also often question treatment plans, and I would wonder if they advocated courses of treatment that favored the insurance company rather than the patient."
"Under this bill, insurance adjusters would have the right to contact doctors directly to demand changes in treatment plans. HB 709 severely limits the ability of injured workers to request a change of treatment from the plan devised by a company doctor. Injured workers would be barred from getting second opinions on treatment plans. Independent doctors would be prohibited from commenting on the treatment plans of company doctors employed directly by large companies in many cases.
In short, HB 709 would effectively finish off any notion that injured workers in North Carolina will receive unbiased medical care."
Like Dr. Bertics, many health care providers are truly dedicated to the well being of their patients and only wish to provide the best possible care. With proper care and the removal of the continuous delays presented by insurance companies, doctors could return patients more swiftly to the work force.In short, HB 709 would effectively finish off any notion that injured workers in North Carolina will receive unbiased medical care."
Click to read the Full Story on the News & Observer
Rep. Dale Forwell - Primary Supporter of NC HB 709 (5-18-11: Workers' Compensation)
When a citizen votes for a house representative, they normally select a candidate that they feel will listen to their voice and vote accordingly. A candidate that cares about his or her constituents enough to listen when they cry for help or with outrage over unjust legislation.
Unfortunately, Rep. Dale Forwell of Forsyth County, the primary supporter of NC House Bill 709, does not seem to be such a representative. In a video posted by WRAL of the May 12th 2011 Select Committee on Tort Reform meeting, Forwell stated "We’ll continue to accept the phone calls. We’ll continue to accept the emails. But nothing -- none of those -- are going to deter me."
As well, Forwell continues to state that House Bill 709 has "nothing to do with people who are currently on workers' compensation." A very clear untruth, as all North Carolinians will be affected, both the currently injured & uninjured. Upon passing, privacy guards that currently protect injured workers will fall, and insurance companies will have the ability to begin denying second opinions and requests for specialists.
While Forwell stands firm in his decision to vote Yes to House Bill 709 despite his constituents' desire for him to do otherwise, there is still a strong hope that other representatives are still indeed listening to the voices of their contituents. Thus we continue to urge everyone to reach out to your elected representative and tell them to vote NO to NC House Bill 709 unless changes are made to truly benefit NC workers, not the insurance companies!
WRAL's Video of May 12th's Select Committee on Tort Reform's Meeting
(Rep. Dale Forwell's full comments can be heard after the 28-minute mark.)
Rep. Dale Forwell of Forsyth County - NCGA Biography, Contact Info & Voting Record
Contact & speak with your representative today!
House Bill 709 - Update (5-13-11: Workers' Compensation)
Thankfully, no vote was taken on May 12th as planned, as once again citizens packed the meeting room in opposition of NC House Bill 709. Currently both sides of this Workers' Compensation battle are diligently discussing and negotiating improvements to the bill.
It is still important to contact your representative and tell them to vote NO on House Bill 709 unless the changes made to this bill are fair to NC workers, not the insurance companies!
Click for info on how to contact & speak with your representative!
House Bill 709 - An Urgent Call-To-Action! (5-11-11: Workers' Compensation)
The House Select Committee on Tort Reform will be meeting for an expected final vote on House Bill 709 on May 12th, 2011. Everyone please contact your representative and tell them to vote NO on House Bill 709 immediately!
Click for info on how to contact & speak with your representative!
If this bill passes tomorrow, it will majorly affect Workers' Compensation benefits and rights in North Carolina!
We urge everyone to attend tomorrow's meeting in person and be heard by once again filling the meeting room to overflowing! This will let our representatives know that their vote will take notice and could potentially effect their re-election!
May 12th, 2011 at 11:00pm
The North Carolina General Assembly - Meeting Room 1327 LB
Legislative Building, 16 West Jones Street, Raleigh, NC 27601
*** All Clients who attend will be reimbursed for travel and parking, and receive a gift certificate for lunch! If you plan to attend, please call 800-635-1683 & ask for "Raleigh", so that we can add you to the attending list. ***
For more information about House Bill 709, please scroll down.
House Bill 709 - A call to action for all NC workers! (4-15-11: Workers' Compensation)
We strongly urge our clients, and all individuals working in North Carolina, to attend the House Select Committee on Tort Reform at 11:00am on April 21, 2011 to say NO to House Bill 709!
House Bill 709 will remove or cap many benefits that our current Workers' Compensation laws provide! In addition, it could leave thousands of North Carolinians without medical treatment or income, cripple our government's already staggering budget and debt, and further overload already struggling social programs such as Social Security Disability, Medicaid, and Medicare! (Scroll down to learn more.)
Why is it important that you attend?
At the end of this important meeting, a vote will be immediately cast and everyone's workers' compensation benefits in North Carolina could be massively impacted. If you are opposed to House Bill 709 and do not wish to have your benefits reduced, cut or removed in the near future, it is imperative that you attend this meeting and speak out against the removal of your workmens' rights! If a strong voice of the people oppose this bill before legislators, then we could severely impact the outcome.
The North Carolina General Assembly - Meeting Room 1327 LB
Legislative Building, 16 West Jones Street, Raleigh, NC 27601
Legislative Building, 16 West Jones Street, Raleigh, NC 27601
*Free transport will be offered for all clients to Raleigh from our Jacksonville office the morning of April 21st. Please call our staff at (800) 635-1683 asap to schedule your attendance or discover more information about this crucial event.*
We plead to everyone in North Carolina to say NO to House Bill 709 with us on April 21st, 2011.
We, the People, can not make a difference if we do not stand and make ourselves heard!
Click to sign the Online Petition!
North Carolina House Bill 709 (4-11-11: Workers' Compensation)
House Bill 709 is designed to cap workers' compensation medical and wage benefits at 500 weeks of compensation, and allow insurance companies to force injured workers back to work in low-paying jobs that they deem "suitable".
If House Bill 709 passes on April 21, 2011, insurance companies will have total control to strip away workers' deserved benefits and privacy. Without knowledge or consent of an employee, insurance carriers will be allowed to access ALL past medical records, even those unrelated to a work injury. The bill will give companies the ability to take away benefits if a worker disagrees with the provided doctor, and severely limits their right to a second opinion. In truth, insurance companies will make it virtually impossible to change doctors, even if receiving bad care, or to consult a specialist if they do not deem it necessary.
After 500 weeks, all injured workers, including those suffering from catastrophic and lifelong injuries, will be required to seek medical treatment through private healthcare or social programs such as Medicaid, Medicare, Social Security Disability, and public hospital systems. Programs that can take months, and in most cases, years to instate coverage from.
Along with burdening our already struggling social services and further adding to our country's financial debt, this bill could also damage our local economy. Many injured workers will have to default on their automobile, home and consumer loans due to their compensation checks ending and having no ability to obtain gainful employment.
House Bill 709 is essentially designed to profit the insurance industry and large self-insured businesses. Even though the NC Dept of Insurance is reporting that workers' compensation insurance premiums have fallen by 21.9% since 1995, insurance carriers will have more leeway to "save a buck" by terminating and capping valid injury claims.
Work related injuries often occur from an employer's lack of responsibility to insure a safe working environment, or from misguided instructions provided to an employee. The fault of the injury in most causes lies solely on the employer, and thus the provision of medical care and wage replacement for workplace injuries should not be shifted to the taxpayers of North Carolina.
This bill could affect everyone currently receiving workers' compensation benefits and all who may need them in the future! So please stand up for yourself and all North Carolinians, by saying NO to House Bill 709!
Click to sign the Online Petition!
Click to locate & contact your local representative!
Dangerous Product Alert: Fixodent Denture Cream (2-9-11: Product Liability)
An ABC News Investigative Report recently revealed that this popular denture cream may cause excessive nerve damage. As a result, a class action lawsuit has been filed against Proctor & Gamble.
If you or your doctor suspect that you have suffered nerve damage or other serious side effects as a result of using Fixodent, please contact our office immediately!
Click to read the full story on ABC News