How Do I File A Zoloft Lawsuit In Washington State?

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The Food and Drug Administration (FDA) has for years released warnings about the safety issues surrounding the use of antidepressants such as Zoloft during pregnancy. This has lead to hundreds of lawsuits filed by parents who were advised to take the defective drug in order to treat naturally occurring depression due to hormonal changes during pregnancy, which ended in the children being born with serious birth defects.

Along with the FDA, some major medical journals such as the New England Journal of Medicine, Boston University, National Birth Defects Prevention Study of Infants, Aarhus University in Denmark and the Institute of Reproductive Toxicology at the University of Ulm, Germany have all warned that the category of antidepressants known as selective serotonin reuptake inhibitors (SSRI) like Zoloft can cause serious birth defects.

Experts further say it is unlikely that companies like Pfizer, the producer of Zolfot, will voluntarily recall a drug or even prohibit the use of the drug to pregnant women outside of the United States market. This is because the defective pharmaceutical yields billions of dollars every year for Pfizer, leaving them and their share holders little to no incentive to protect patients and their unborn children.

This has left many Washington State parents with no other choice than to seek legal means to find justice for not only their child, but other victims of this defective drug.

Zoloft Lawsuits

It is estimated that up to 100 million people have taken the drug making Zoloft one of the most popular antidepressant drugs in the world since its release in 1991. This leaves the potential for hundreds of thousands of children being born around the world, including Washington State, with serious birth defects.

Beyond study after study showing a direct correlation to birth defects, many experts believe that Pfizer may have known for years, as long as a decade, that their drug was dangerous to infants when taken during pregnancy, but intentionally covered up the information.

How Do I File A Zoloft Lawsuit In Washington State? These reasons have prompted hundreds of parents to seek justice throughout the United States and Washington State has not been left out of the mix. Washington State Zoloft birth defect victims have sought legal representation from experienced defective drug attorneys like the team at Phillips Law Firm in order to get the compensation they deserve. The process is started by simply contacting Phillips Law Firm and asking to speak with a Zoloft Attorney.

Zoloft Birth Defects

Depression’s effect on the fetus is also an issue that has been brought up. Some studies have shown that it may lead to lower hygiene or eating disorders during pregnancy that can lead to serious health problems in the child such as premature birth, low birth weight, or lowered immune system.

However, as you read the potential birth defects that can happen as a result of taking Zoloft in order to curb the effects of depression, you may choose to treat the depression through alternative means.

Potential Zoloft Birth Defects:

Persistent Pulmonary Hypertension of the Newborn (PPHN) – This happens when the newborn’s circulation has not made the normal transition from fetal circulation to normal newborn circulation, because pressure in the lungs is increased and this causes distress.

Atrial Septal Defect (ASD) – An atrial septal defect (ASD) is a hole in the wall between the two upper chambers of the heart. Large and long-standing atrial septal defects can damage the heart and lungs. An adult who has had an undetected atrial septal defect for decades may have a shortened life span from heart failure or high blood pressure in the lungs.

Tetralogy of Fallot – This is a problem with the heart’s structure that’s present at birth. Congenital heart defects change the normal flow of blood through the heart.

Transposition of the Great Arteries – Transposition of the great arteries is a rare heart defect present at birth, in which the two main arteries leaving the heart are reversed (transposed).

Hypoplastic Right Heart Syndrome (HRHS) – This is the underdevelopment of the right sided structures of the heart. These defects cause inadequate blood flow to the lungs and thus, a blue or cyanotic infant.

Hypoplastic Left Heart Syndrome – Hypoplastic left heart syndrome occurs when parts of the left side of the heart do not develop completely.

Treating Depression Without SSRIs

According to multiple sources both from the psychological community and medical community, there are ways to curb the effects of depression. Depression in many pregnant women has been found to be a chemical and hormonal imbalance. This can be first addressed by speaking to your physician about alternatives to prescription drugs. Then review some of these avenues:

  • Balanced organic diet
  • Exercise
  • Individual Therapy
  • Group Therapy
  • Meditation
  • Social Activities

National Zoloft Attorneys

If you have found that you or a loved one has had a child with a birth defect and they were taking Zoloft during pregnancy, they may be entitled to compensation. It is important that you contact legal council that has experience in protecting patients from giant pharmaceutical companies. Call Phillips Law Firm for a consultation on your legal options.

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Can I Get Wrongful Death Compensation If I Lose a Child in a Car Accident?

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The single hardest thing any parent can go through is when they lose a son or daughter in a car accident. The suddenness of the loss and the questions can drive a person to a nervous breakdown. How did it happen? Who were they with? Why were they with them? Why were they where there? Why wasn’t I with them? Who is at fault for their death?

Sometimes the answers are just as painful as the death itself, however, once these questions have been established, then you may be able to file a wrongful death lawsuit by going over the details with your lawyer.

With an experienced attorney’s help, investigating the circumstances surrounding the death of your child can be much easier both emotionally and bureaucratically. The attorney will gather tangible data we cover in this article in order to determine the amount of compensation.

When filing a wrongful death lawsuit, you are seeking just compensation from the individual that, through their negligent actions, caused the death of your son or daughter. A wrongful death lawsuit is a civil trial where you are the “plaintiff” and those you seek compensation from are the “defendants.”

It is up to the plaintiff to determine fault or negligence by the defendant, which lead directly of indirectly to the death of your loved one. The task is difficult, but with the proper council, many families have received the justice they deserve.

From Whom Do I Seek Compensation?

There must be a source of compensation and the defendant must have money in order to pay whatever settlement or amount the court charges. There must also be a determination of negligence or breach of duty on the defendant’s part. Once that has been established, these individuals are supposed to be backed by insurance companies by law in order to compensate for damages, both to victims and their property, but also in the families in case of wrongful death. However, there are three main sources attorneys investigate:

Individuals – Generally, in the case of an automobile accident, there is a person driving, a police officer, a doctor, etc, that is specifically named in the lawsuit. These individuals are the alleged negligent parties that may have caused the death of your child. They are supposed to be covered by an insurance company by law. However, if they are not, they must take the compensation out of their own funds if they are indeed found negligent. This can be in the form of cash, leans on property, and garnishment of wages.

Government – Governments including municipalities, counties, or states have a responsibility to provide safety for their citizens. The police and response infrastructures have procedures and a code of conduct they must abide by also. Often if a child dies because of an infrastructure problem (pothole, sinkhole, blind corner, unmarked median, abandoned or dangerously parked city vehicles, etc) there has been a clear history of complaints and/or data linked to the problem prior to the death. If they have not taken reasonable measures to recognized hazardous roadways and intersections, then they should be held accountable for injuries and deaths that are caused by these hazards.

Insurance Companies – Believe it or not, but there are people who feel bad about suing an insurance company over the death of their loved one. But keep in mind that the company insures motorists by a risk-to-profitability scale. They have already taken into account the risk of the negligent driver by age, credit rating, driving history, and vehicle type. However, they will do anything to avoid paying out on claims, thus a campaign of through news and advertising over several decades just to make it so that families feel guilty for seeking compensation. They are also proactive on accidents involving death or serious injury and in fact, you may have gotten contacted by an insurance agent. Make sure you log that call and jot down whatever was said. Most of all, do not sign anything an insurance company asks you to sign without first having your legal representative review it.

Evidence of Wrongful Death

As stated above, there must be a determination of negligence, the actions of an individual or entity directly or indirectly caused the death of your son or daughter. The driver also has a duty to keep the passenger safe and follow the rules of the road. If they violate this duty called “breech of duty” then they may be liable for the death of the victim. To prove these things, evidence is required, and some of the evidence that is gathered is:

Arrests –Driving under the influence (DUI) is easily one of the largest and most senseless causes of vehicular death. If the other driver involved in the accident was arrested for DUI at the scene, regardless of who the police report cites as fault, you may be entitled to compensation.

Circumstances – If there was road construction, another traffic stop, another accident obstructing traffic, or any other alternate circumstances surrounding the accident, then there may be negligence on the side of outside sources. It is important to review all statements and details of the scene of the accident.

Citations – If other drivers were cited for infractions related to the accident then the accident may have been caused by another driver’s negligence. These minor infractions may establish negligence regardless of what it was for.

Medical Care – The trauma care in the Puget Sound area is some of the best in the country, but sometimes victims fall through the cracks. If your loved one died in the care of the emergency ward staff, you may want to review the circumstances with the help of legal council.

Police Report – As the spouse you may obtain the police report and speak to the officers that investigated the car accident scene in order to learn details that may have been omitted from the report. Omissions and sloppy reports often suspend justice.

Response – Many wrongful death cases have found that the accident victim’s death could have been prevented if the proper procedures had been followed by the police and medical response team. If you find these procedures or the care questionable then it is best to find a legal review of those procedures.

Signals – Many accidents could have been avoided if the intersection or road had proper signs, signals, and maintenance. The crash history of the section of road or intersection could also be important in a wrongful death lawsuit caused by a car accident.

Puget Sound Wrongful Death Attorney

When you have been stricken with the tragic circumstance of losing a loved one due to the negligence of another person in a car accident, then it is very important that you do not sign anything without a lawyer present. The lawyer is there to represent you and your interests in your time of need.

The law firm of Phillips Law Firm represents families of victims who have been wrongfully killed in Washington State. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuitswith years of experience that they will use to assure the you get the compensation you deserve.

Call Phillips Law Firm today for a free consultation.

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Honda and Acura Recall Nearly 1 Million Cars for Deadly Air Bags

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Airbags are a relatively new safety apparatus in the lifetime of vehicles overall, only becoming standard in 1998. Since then they have proven to be able to save thousands of lives from front-end collisions and recently, with the introduction of side impact airbags, have increased safety. But, airbags have also found to be deadly.

The primary deadly effect is the way that they are propelled out of their compartment and the force in which the bag is inflated. This has been shown to be seriously detrimental to elderly people riding in the front. Particularly elderly women who have tend to have more brittle bones. It is also detrimental to children who honestly should not be riding in the front seat anyway.

But a new defect is now killing and injuring normal sized adults and prompting a massive recall announced by Honda Motor Company today.

Deadly Airbag Recall

Honda Motor Co. plans to recall 900,000 Honda and Acura vehicles for defective airbags and inspect an additional 603,000 vehicles. The inspections are intended to review whether cars that have been serviced for car accidents or airbag replacement were actually refitted with the defective airbags. Honda said it doesn’t know how many of those vehicles might have been repaired with the defective parts manufactured by parts supplier Takata in Japan.

There is suspicion that, in a car accident, the driver’s side airbag can deploy with so much force that the metal inflator casing that holds and channels explosive propellant can rupture causing metal and plastic shards to spray towards the driver causing them serious personal injury or wrongful death.

“The propellant was packed improperly and that allows the propellant to burn off too quickly and it explodes and pieces of the casing are causing the injuries,” said Chris Martin, a Honda spokesman.

Altogether, there have been 18 personal injuries and two deaths caused by the faulty airbags.

Not the First Honda Airbag Recall

This problem has plagued Honda in the past and has caused Honda to be far more diligent about their testing. Defective Honda airbags have prompted four previous recalls dealing the same issue. This latest recall – the largest of it’s kind — has expanded the total to more than 2.5 million vehicles in the U.S.

Honda’s actions come after a driver was personally injured in a vehicle that had not been part of the previous recalls pointing to a larger problem. This is driving concerns over the market that some people may still be driving unrepaired vehicles listed in previous recalls and also be driving with defective Takata products that may have been installed after the defect was initially discovered.

“We really need to get all these cars repaired and there are a lot of customers out there who have not brought their cars in after we have sent them mailers,” a Honda spokesperson said. “This is a very serious thing; people need to get their cars fixed. This is not something to wait on.“

We agree. All Honda drivers need to contact their dealer if they have an effected Honda.

Honda Vehicles Recalled

Honda confirmed that the problem does not affect any vehicles newer than the 2003 model year

The latest recall now includes:

  • Honda Accord – 2001 and 2002
  • Honda Civic – 2001 to 2003
  • Honda Odyssey – 2001 to 2003
  • Honda CR-V – 2002 and 2003
  • Honda Pilot – 2003
  • Acura 3.2 TL – 2002 and 2003
  • Acura 3.2 CL – 2003

Honda will begin sending recall notices to owners of these vehicles later this month.

It also said the Honda owners can go to www.recalls.honda.com or call (800) 999-1009 and select option 4; Acura owners can go to www.recalls.acura.com or call (800) 382-2238 and select option 4 to get more information.

Seattle Defective Airbag Attorney

The experimentation of side impact airbags should not be on customers. Extensive tests should be made prior to the car entering the market because these are very serious accidents that could lead to the loss of a loved one. A missed or faulty deployment could mean the difference between living through the accident and a life long disability or wrongful death. Please fully research your vehicle prior to purchase.

If you or someone you know has been injured in an car accident due to the negligence of another driver due to speeding, some of the best advice you can give is to find an attorney that is experienced in personal injury litigation. Call Phillips Law Firm for a free consultation on your legal rights.

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Why Does Washington State Have One of the Highest DUI Fatality Rates in the US?

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It may be shocking to hear that Washington State has one of the highest driving under the influence (DUI) fatality rates in the country. The Northwest seems so sparsely populated, laid back, liberal, and almost innocent in a way. But then you see the statistics: highest suicide rate, largest population of heroin addicts per capita, one of the largest domestic producers of meth amphetamine. This underbelly is enough to make you cringe.

This sad fact about DUI was revealed by the organization Mothers Against Drunk Driving (MADD) in their annual report. MADD is a grassroots movement that has grown to influencing national policies on DUI. And why not? Nobody wants to disappoint their mother. But disappoint we have and they suggest in the report that we be sent to our legislative rooms to draft tougher laws against drunk driving.

Washington State DUI Fatalities

MADD says that in 2009 there were 206 DUI-related traffic deaths in Washington state. This comprises nearly 42% of traffic fatalities in the state for that year. Only Connecticut, Hawaii and South Carolina had higher death rates from DUI.

That year was also a busy year for Washington law enforcement across the state as police stopped nearly 20,000 3-time DUI offenders and over 2,100 5-time offenders. MADD has recommendations specifically for Washington state to help with this disturbing conclusion.

According to the report “Washington has the most comprehensive ignition interlock law in the nation but could take additional steps to help save more lives. The state needs a better child endangerment law, legalization of sobriety checkpoints and utilization of no-refusal activities to further crack down on drunk driving.”

5 Criteria to Curb Drunk Driving

MADD has five criteria with which to determine the effectiveness of any given state’s DUI policy. States are assessed, determined, and then given stars for each policy that they comply with. There are only 5 five-star states: Arizona, Illinois, Kansas, Nebraska, and Utah. Washington, even with our horrid fatality rate, still rates three stars.

Drunk driving criteria:

Requiring Ignition Interlocks for all Drunk Driving Offenders – MADD cites more than 15 peer-reviewed studies to back their recommendation for laws that require devices such as ignition interlocks (breathalyzers set in the steering wheel that require little to no alcohol be detected before the convicted DUI offender can start their car). The Centers for Disease Control recommended this year that every state pass an all-offender ignition interlock law. By implementing this law alone, New Mexico and Arizona have reduced DUI fatalities by 36 and 46 percent.

Conducting Sobriety Checkpoints – Many people in Washington State find the prospect of checkpoints unsavory, leaving sort of a Gestapo taste in the mouth. Opponents also cite the fact that traffic is bad enough without daunting line of cars waiting for the police to stumble upon a suspect. However, according to MADD, sobriety checkpoints are proven to reduce DUI fatalities by an average of 20% by acting as a general deterrent to drinking and driving. Though opponents also say that it is a wasted use of manpower, MADD says checkpoints are cost-effective, reducing drunk driving expenses by at least six dollars for every dollar invested.

Enhancing Penalties for DUI Child Endangerment – DUI child endangerment is an issue that actually hits the headlines often without the required horrific car accident that thrusts other DUIs into the local headlines. This is where an adult chooses to drive drunk with a child or children in the vehicle and you would be amazed at how often it happens. MADD says enhanced penalties, such as making the crime a felony, are important ways to make adults think twice before acting so irresponsibly. This may run into an issue with the state’s roll in custody and parenting rights.

Participating in No-refusal Events – Refusing to submit to Breathalyzer or bloods test (BAC testing) is a serious thing in Washington State, but according to MADD, not serious enough. By refusing to submit to BAC, the organization says it could present a significant challenge to law enforcement and the courts. MADD insists that “no-refusal weekends” are successful in reducing the number of offenders who refuse BAC testing. The only way a State can get a no-refusal star, even if they have a no-refusal plicy in place is if drivers stopped have a 10% or lower refusal instance.

Utilizing Administrative License Revocation – Administrative License Revocation (ALR) is standard punishment for drunk driving in Washington State through the immediate confiscation of the offender’s driver’s license by the arresting officer. MADD says that studies show that ALR reduces DUI fatalities by as much as 9%.

Seattle DUI Victims Lawyers

Okay, so Washington State, with its 3 stars, is somewhat middle of the road in the country when it comes to DUI convictions, but the state has been pretty good about releasing funds for DUI patrols at crucial times such as holidays and summer months. But many advocates say that the patrols are not effective if the penalties for DUI are not stringent enough to curb the behavior.

It seems that the large fines, possible jail time, mandatory impound, and public record are not enough to scare people into making better decisions, particularly young people. Some have suggested that there needs to be more education and a change in social perception of the severity of the act of drinking and driving. Until then, the victims, their families, and advocates continue to fight.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Law Firm for a consultation on your legal rights.

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