Nations Law Post
YOU DESERVE TO KNOW THE TRUTH
Something is amiss. For 2 decades, the American public has been deluged by a massive public relations campaign funded by big business interests. They have used stories, half-truths, and sometimes outright lies to convince the American people that our juries are out of control, the courts are backed up with frivolous lawsuits, and our civil justice system desperately needs reform. Big businesses, like tobacco, pharmaceutical and insurance companies have poured tremendous amounts of money and energy into this campaign ... and with what purpose? To limit your access to the court system - the one and only place where an average citizen can go up against the powerful corporations and still have a chance for justice.
It's time to take back your rights. As trial lawyers, we go up against the big corporations and fight for the rights of our clients. But tort reform has spread like a plague across this country. Laws have been changed, juries are biased, even some courts are biased. Your legal rights have been stripped away while big business gains more and more power.
As a plaintiff's lawyer, prosecuting a case limited by tort reform is like entering a battlefield unarmed. The law and the civil justice system are our weapons. Weapons that we use to fight for your rights when someone has harmed you. Take away our weapons and there's little we can do.
Let's join forces and take back what is rightfully yours. Join the Hot Coffee movement. Watch the trailer.
Learn more and see how you can help. Go to www.hotcoffeethemovie.com. Together we can make a difference.
Posted
January 28, 2012
by Cindy L. Nations
Howard L. Nations Law Firm
NATIONS OPENS NEW LAW OFFICE IN ATLANTA, GEORGIA
The Howard L Nations Law Firm is pleased to announce the official opening of our new Atlanta, Georgia office which will be headed up by Stephen “Buck” Daniel. Our office is located in Buckhead, on the well-known intersection of Piedmont and Peachtree.
Atlanta Office
Terminus 200
3333 Piedmont Road, Suite 2050
Atlanta, GA 30305
Email: atlanta (@) howardnations (dot) com
Phone: (404) 736-9176
Toll Free: (800) 584-0469
Posted January 25, 2012
By Andrea Schmauss
Howard L. Nations Law Firm
PROTESTING AGAINST SOPA AND PIPA
The Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA) have been major issues for online users, especially those who write for the web, since October 2011. The act is specifically designed to keep websites such as Google, YouTube, Facebook and the user-driven Wikipedia from allowing users to post unauthorized content by censoring and punishing sites that deliver such content. These websites, along with many others, have decided to protest January 18, 2012 to help bring awareness of SOPA and PIPA. Wikipedia, the internet's most popular general reference website, had gone dark for the 24 hours that the protest continued.
If you are interested in signing Google's online petition, please go to https://www.google.com/landing/takeaction/ and enter your information.
Learn more about the SOPA blackout here: http://sopablackout.org/learnmore/
Strike Against Censorship, Stop the Internet Blacklist Bills: http://blacklists.eff.org/
Posted January 18, 2012
By Lacey Crawford
Webmaster, Howard L. Nations Law Firm
HOWARD NATIONS A GUEST ON RINGLER RADIO
Mr. Nations was a recent guest on Ringler Radio, hosted by Larry Cohen and Mike Casey. As President of The National Trial Lawyers Association, Mr. Nations addressed NTL's focus on training, networking and education along with major issues facing trial lawyers today and what it takes to be a good trial lawyer.
The National Trial Lawyers is a national organization composed of the Top 100 Trial Lawyers in the country. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications, leadership, reputation, influence, stature, and profile as trial lawyers, both civil plaintiff and criminal defense.
http://legaltalkmedia.com/LTN/RINGLER/RR_100511_NTL.mp3
Posted January 18, 2012
By Andrea Schmauss
Howard L. Nations Law Firm
WARNING: POTENTIAL FOR OVERDOSING WITH BABY PAIN/FEVER MEDICINE
Three days before Christmas, the FDA issued a warning about a new concentration of liquid acetaminaphen for infants. The pain and fever medication has long been available in 80 mg/0.8 mL and 80 mg/mL strength. The drug is now also available in 160 mg/5mL strength. If the new concentration is not noted, parents or caregivers could accidentally give too much medication to the infant, resulting in tragic consequences. Liquid acetaminophen is in several popular medicines, including Tylenol, Little Fevers, Triaminic Infant Pain Reliever, Pedia Care, and other store brands (e.g., Rite Aid, CVS, Walgreens brand, etc.).
Posted
December 22, 2011
By Cindy L. Nations
Howard L. Nations Law Firm
FDA CONSIDERS STRONGER WARNINGS FOR YASMIN AND YAZ
Yaz and Yasmin may cause a significantly higher risk of blood clots compared to older birth control pills. These recent medical findings were reviewed yesterday by an FDA advisory committee that is evaluating the risks and benefits of Yaz and Yasmin. An FDA safety report prepared for the committee recommends a stronger warning about the “very real” possibility of an increased risk of blood clots.
Dr. Kessler, a former ranking member of the FDA, previously gave testimony that Bayer intentionally withheld important safety data to mislead FDA officials. This testimony was not considered at the committee hearings because it was submitted after the deadline. The FDA also barred the testimony of Dr. Sidney Wolfe as an FDA advisor due to a conflict of interest. Dr. Wolfe is a leading drug safety advocate with Public Citizen where Yaz is listed as a “do not use” medication.
Bayer’s failure to adequately warn about the risk of blood clots associated with Yaz and Yasmin has resulted in hundreds of lawsuits. The Law Offices of Howard L. Nations represents women who have suffered serious and potentially life-threatening injuries from Yaz and Yasmin.
Posted December 9, 2011
By Moe Taheri
Howard L. Nations Law Firm
MERCK TO PAY $950 MILLION TO SETTLE VIOXX PROBE
Last week Merck & Co. agreed to pay $321.6 million in criminal fines to resolve investigations into Merck’s illegal and fraudulent activities related to its pain killer Vioxx. Federal and state prosecutors alleged that Merck committed Medicare and Medicaid fraud and engaged in deceptive marketing and off-label promotion of Vioxx, most notably promoting Vioxx to treat rheumatoid arthritis before it was FDA-approved for such use. DOJ officials slammed Merck and other pharmaceutical companies for ignoring FDA rules which are the impetus of drug safety. Merck also agreed to pay $628.4 million in a civil settlement agreement.
Vioxx, a popular pain killer, was approved by FDA in 1999 only to be recalled in 2004 when it was linked with substantial cardiovascular risks. In 2007, Merck agreed to pay $4.85 billion to settle several thousand civil suits brought by Vioxx patients who had suffered cardiac injuries.
It is unfortunate that reckless and often criminal behavior has become standard operating procedure in the pharmaceutical industry. This sector must be held accountable and held to a high standard because of both the impact their products have on patients’ lives, and the enormous financial gains they enjoy from their product sales.
Posted November 29, 2011
By Moe Taheri
Howard L. Nations Law Firm
F.D.A. REVOKES APPROVAL FOR BREAST CANCER DRUG
The F.D.A. is revoking its approval of the drug Avastin for breast cancer. This comes after concluding that it “has not been shown to be safe and effective for that use.”
Roche, the maker of Avastin, states it will remain an approved treatment for certain other types of cancer.
Current breast cancer patients have pleaded desperately for the approval to be retained, as they feel the treatment is keeping them alive.
Posted November 18, 2011
By M. Miller
Howard L. Nations Law Firm
J & J REMOVING TOXIC CHEMICALS FROM BABY PRODUCTS
The AP (11/16) reported, "Amid pressure from activists, Johnson & Johnson said Wednesday that it is continuing efforts to remove traces of two harmful chemicals from its baby products around the world. An international coalition of consumer and environmental groups has been pressing J & J since May 2009 to remove two potentially cancer-causing chemicals from products."
It is disturbing to see J & J increasingly caught up in a recall of their products, especially baby products which ironically are designed to protect the most vulnerable consumers. Formaldehyde-based products are known carcinogenic agents. For a pharmaceutical company such as J & J to incorporate them as preservatives in baby care products is reckless behavior. As an iconic American institution, one that has enjoyed a good reputation and enormous success both in the U.S. and around the globe, it is unconscionable to see J & J use such harmful chemicals in consumer products. What is even more alarming is that it takes actions by consumer advocacy groups to expose J & J's unsafe conduct and force them to remedy these harmful products.
Posted
November 17, 2011
By Moe Taheri
Howard L. Nations Law Firm
SENIOR PARALEGAL CELEBRATES TWO DECADES OF SERVICE
The Nations Law Firm congratulates Senior Paralegal, Charles D Bailey, III on his outstanding service to the firm. Charles has been an integral part of the litigation team for two decades and has served with considerable distinction as the lead courtroom paralegal, assisting Mr. Nations and other firm attorneys. We look forward to continuing this valuable relationship.
Posted November 15, 2011
By Howard L. Nations
FOSAMAX CASES SET FOR TRIAL
Judge John F. Keenan recently re-scheduled the trial for two bellwether cases in the Fosamax MDL. The trials are now scheduled for September 2012 in the Southern District of New York. A bellwether trial is commonly used in mass torts cases where you have a large number of plaintiffs with similar causes of action. The results of the bellwether trials are then extrapolated to the claims of the other plaintiffs and are used to place value on the cases. This is not a class action. Each individual plaintiff has the right to continue with their own litigation. There are currently 951 active Fosamax cases on file in the Fosamax MDL.
Posted November 14, 2011
By Cindy L. Nations
Howard L. Nations Law Firm
FAMILY MEMBER JOINS FIRM
The Howard L Nations Law Firm is pleased to announce that Stephen Grant “Buck” Daniel has become the newest associate of the firm. Buck graduated from Cumberland School of Law at Samford University in Birmingham, Alabama. The Nations Law Firm congratulates him on his entry into the legal profession.
Posted October 28, 2011
By Howard L. Nations
SCOTTY BALDWIN -- LEADER, MENTOR, LAWYER, AUTHOR, TEACHER, FRIEND, AND INSPIRATION (1928 - 2011)
It is with deep regret and profound sadness that we inform you of the passing of F. Scott Baldwin, Sr.
Since 1953, Scotty Baldwin has used his extensive understanding of juries and courtroom dynamics to restore the lives of clients who have fallen victim to toxic torts, bad drivers, negligent doctors and defective products.
Scotty’s life and legacy leave an indelible impression on all who had the pleasure of working with him, learning from him and admiring him as a role model. Scotty taught us how justice can best be achieved in the face of overwhelming odds while reminding us of the mantle of responsibility which we carry as lawyers today.
Scotty was a kind and generous man and will be missed by many. Our deepest sympathies go out to his family during this time.
Posted by Howard L. Nations
OFFICE ADMINISTRATOR ANDREA SCHMAUSS RECEIVES THE LIBERTY BELL AWARD
On April 27th, 2011, the Howard L. Nations Law Firm Administrator Andrea Schmauss received the Houston Young Lawyers Association "Liberty Bell Award" at a luncheon at the Four Seasons Hotel in Houston. The purpose of the award is to recognize one outstanding non-lawyer in Texas who has made the most selfless contribution to his or her community to strengthen the effectiveness of the American system of justice by instilling better understanding and appreciation of the law. Over the years Andrea has put in countless hours volunteering her time to Crimestoppers, Mothers Against Drunk Drivers (MADD) and several law enforcement groups. The "Liberty Bell Award" is testament to her extraordinary work in Houston's communities. The Nations Law Firm congratulates Andrea on her outstanding achievements.
Posted April 18, 2011
by Cindy L. Nations
Howard L. Nations Law Firm
91 LAWYERS GO BEFORE THE JUDGE
The Honorable Judge David Katz is currently deciding which attorneys should be appointed to serve on the Plaintiffs' Steering Committee (PSC) for the DePuy hip implant product liability litigation. The DePuy cases were recently consolidated in the Northern District of Ohio where the pre-trial litigation will be conducted. The PSC is responsible for litigating on behalf of the Plaintiffs. All of the work they do is for the common benefit of every Plaintiff whose suit is on file in the MDL. Judge Katz, who presides over the MDL, asked for letters from every Plaintiffs' lawyer interested in serving on the PSC. These lawyers were then given the opportunity to appear before Judge Katz in court on Thursday, January 20, 2011 to tell him why they should be appointed. Ninety-one lawyers made that court appearance. Each lawyer was allowed to speak for two minutes. Judge Katz's decision is expected within the next few days since there is much work to be done and no time to waste.
Posted January 21, 2011
DRUG COMPANY TO PAY $750 MILLION DOLLARS
The pharmaceutical giant GlaxoSmithKline will pay $750 million dollars for manufacturing contaminated drugs. This is a combination of criminal fines and a civil lawsuit. The whistleblower lawsuit was filed by a former employee who accused GSK of knowingly selling contaminated or tainted drugs. These drugs, 20 different kinds, including Tagamet, Paxil, and Avandia, were being manufactured in one of GSK’s Puerto Rico plants. This particular factory, which was shut down last year, was producing $5.5 billion dollars worth of GSK’s products per year.
This is not GSK’s first legal battle. The company has also been sued by thousands of Avandia patients who claim that the drug caused them to suffer heart attacks, strokes, congestive heart failure, and other heart-related illnesses. The Avandia litigation is ongoing and is being prosecuted by The Law Offices of Howard L. Nations. It has nothing to do with the manufacturing problems, but rather with GSK’s failure to warn patients and doctors about the risks of taking Avandia.
Posted October 27, 2010
By Cindy L. Nations
Howard L. Nations Law Firm
DEPUY RECALLS 93,000 HIP IMPLANTS
DePuy Orthopedics, a subsidiary of Johnson & Johnson, announced a global recall of the following hip implants on August 24, 2010:
ASR™ XL Acetabular System
ASR™ Hip Resurfacing System
The devices were recalled because of a design defect that causes metallic ions to be released into the bloodstream and causes damage to surrounding tissue. The result is severe pain and potentially toxic levels of chromium and cobalt in the blood, the effects of which remains to be seen. The failed implants have to be replaced through revision surgery, which is more complicated than the original hip implant procedure. Although the recall was issued in July 2010, DePuy didn’t send the Dear Doctor Letter until the end of August.
Posted October 18, 2010
By Cindy L. Nations
Howard L. Nations Law Firm
DAMAGES WORKSHOP FEATURING HOWARD NATIONS
The Aletheia Institute is presenting a 2-hour virtual workshop and roundtable event for its members and guests on Wednesday April 21, 2010 from 3-5 p.m. EDT. The workshop, entitled Start to Finish: Building a Successful Damages Model, offers a revolutionary approach to the preparation and presentation of cases with the ultimate goal of maximizing recovered damages. This is not that same old damages speech you’ve heard for years! This workshop will teach you how to use today’s forensic theories and cutting edge technology as powerful tools of persuasion. Howard L. Nations, considered a master of persuasion techniques, applies current knowledge and tools to strategies which he has developed through his long and distinguished trial career. Topics include placing a value on suffering; technology in the context of the Ball/Keenan Reptile model; effective case workup; maximizing data usage; and digital demand letters and timelines. Mr. Nations will be joined by Jon Gardner from Race Point Legal, and trial consultants Rodney Jew and Katherine James.
For more information, contact cindy@howardnations.com
Posted April 19, 2010
By Cindy L. Nations
Howard L. Nations Law Firm
HOWARD NATIONS TO SPEAK AT MASS TORTS CONFERENCE
Renowned trial attorney and one of the most sought-after legal speakers, Howard L. Nations will be addressing attorneys from across the country on April 22, 2010 at the Mass Torts Made Perfect conference in Las Vegas, Nevada. Mr. Nations will discuss hi-tech persuasion techniques for pharmaceutical cases.
Mass Torts Made Perfect conference information: http://www.masstortsmadeperfect.com/
Howard Nations’ biography: http://www.howardnations.com/nations.html
Posted March 26, 2010
By Cindy L. Nations
Howard L. Nations Law Firm
YAZ / YASMIN STATUS CONFERENCE
A status conference has been scheduled for April 14, 2010 at 9:00 a.m. before Judge David R. Herndon in the U.S. District Court, Southern District of Illinois. The conference is regarding the “Yasmin and Yaz (Drospirenone) Marketing, Sales Practice and Products Liability Litigation.” This multi-district litigation (MDL) consists of cases nationwide alleging serious injuries and deaths stemming from the use of Yaz or Yasmin birth control pills. A status conference is a pre-trial meeting where the attorneys inform the judge as to how the case is proceeding, what discovery has been completed, settlement negotiations that have occurred, and any other matters relevant to moving the case toward trial.
Posted March 26, 2010
By Cindy L. Nations
Howard L. Nations Law Firm
TRASYLOL PRETRIAL CONFERENCE
A Pretrial Conference is scheduled for Thursday, April 1, 2010 at 1:30 p.m. before Judge Donald M. Middlebrooks in the U.S. District Court, Southern District of Florida, West Palm Beach Division. This is in the Trasylol multi-district litigation consisting of nation-wide lawsuits alleging kidney failure, heart attack, MI, stroke, and death resulting from the surgical drug Trasylol. The purpose of the conference is to discuss FDA issues.
Posted March 26, 2010
By Cindy L. Nations
Howard L. Nations Law Firm
GADOLINIUM STATUS CONFERENCE
A large group status conference is scheduled for November 5, 2009 at 9 a.m. Eastern time in the Northern District of Ohio before MDL Judge Dan A. Polster. The agenda includes many important items, including discovery and expert testimony issues regarding bellwether and non-bellwether cases; pending motions; scheduling the bellwether trials; product identification updates; and status of federal/state court cooperation.
Posted November 2, 2009
By Cindy L. Nations
Howard L. Nations Law Firm
JOHN O'QUINN (Sept. 4, 1941 – October 29, 2009)
The renowned Plaintiffs’ trial lawyer John O’Quinn was tragically killed in a car accident yesterday morning. Mr. O’Quinn personified the Texas slogan, “Everything is bigger in Texas”. He was a big man with a big personality and when he did something, he did it in a big way. He made the headlines numerous times for winning multi-million dollar lawsuits and for making equally large donations to various organizations. He loved cars and over the years amassed an impressive collection of cars from around the world. His fascination with collecting cars was only surpassed by his passion for practicing law.
John O’Quinn was a great trial lawyer. He had a true desire to achieve justice for his clients. He understood the importance of the jury trial process and when he walked into a courtroom, he made his presence known. He was highly regarded by his colleagues, not only in Texas, but across the country. John O’Quinn inspired many lawyers, from law students to the most seasoned attorneys, with his style, his passion, and his love for the practice of law. He will be missed. Our thoughts and prayers are with his family and the family of his assistant, Johnny Cutliff, who also lost his life in this tragic accident.
Posted October 30, 2009
By Cindy L. Nations
Howard L. Nations Law Firm
RECENT ORTHO EVRA COURT DEVELOPMENT
On October 20, 2009, the US District Court for the Northern District of Ohio conducted a status conference with lead counsel for Ortho Evra Products Liability Litigation MDL Docket number 1742. The previous dates (Doc. No. 377) regarding designation of cases regarding post label cases was modified as follows:
A. Designation of Post Label Cases
Each side is directed to designate eight (8) total cases for trial. Four (4) cases are to be designated involving the November 2005 label change and four (4) cases designated involving September 2006 label change. The categories of cases shall include (1) pulmonary embolism; (2) deep vein thrombosis; and (3) strokes. The designations to be made on or before November 16, 2009.
Thereafter, each side shall have the right to exercise four (4) strikes on or before November 30, 2009. Fact discovery is to be completed on or before February 12, 2010.
B. Trial Date
The selected post label cases will be scheduled for trial commencing June 14, 2010.
C. Improvidently Filed Cases
The Court reiterates reserving its right to impose monetary sanctions regarding those post label cases filed where there exists no evidence of use and/or an event medically related to Ortho Evra.
D. Next Status Conference
The Court will schedule another status conference with lead counsel on March 2, 2010 at 9:00 a.m. in Florida.
Posted October 23, 2009
By Chris Sbrusch
Howard L. Nations Law Firm
