Yearly Archives: 2017

Is Permanent Hair Loss Caused By Taxotere Grounds for a Case?

Uncategorized

Is Permanent Hair Loss Caused By Taxotere Grounds for a Case?

For many cancer patients, hair loss is a common side effect that comes with chemotherapy. Commonly referred to as “alopecia” in the medical field, hair loss from chemotherapy is supposed to be temporary. However, recently a group of breast cancer survivors found that they were unable to regrow their hair. They were surprised by this, as they were never warned that permanent hair loss was a possible outcome.

It turns out that their permanent alopecia was caused by a chemotherapy drug called “Taxotere.” Taxotere has been approved by the USDA; however, this side effect was not on record. Had the cancer patients known that this drug caused permanent hair loss, they could have chosen an alternative treatment option. One such option would have been Taxol.

It would have been one thing if the manufacturer, Sanofi-Aventis, truly didn’t know that this was a possible side effect; however, evidence shows that they should have known about it as early as 2005. As many as 10-15% of patients who took Taxotere experienced permanent hair loss.

Currently, cases are being filed against Sanofi-Aventis all across the country for permanent hair loss caused by Taxotere. It’s likely that soon these cases will become a part of a multidistrict litigation, which means all of the cases will be handled by one judge.

If you or a loved one has experienced permanent hair loss as a result of Taxotere, don’t hesitate to contact us for a free consultation. Cases such as these are often time sensitive, so you’ll want to make sure you file your claim before the statute of limitations runs out.

If you’ve experienced side effects from a drug that you were not warned about, then there’s a good chance you have a case. Don’t hesitate to contact our experienced attorneys for a free consultation.

Oxner + Permar Gives Back: Habitat for Humanity

Uncategorized

 

At Oxner + Permar, we’re not only passionate about our clients, we’re also passionate about giving back to our communities. In May, we had the awesome experience of getting to work with Habitat for Humanity. Habitat for Humanity is an incredible organization that builds homes for families in need.

They work with a variety of volunteers and companies to help get these homes built. So, on May 13th, we spent the weekend helping with a build in Greensboro. Eleven members from our office met up with a team through the Greensboro Bar Association and came together to build this home.

It was such an incredible experience! For one, the family was there working with us to shingle the roof. We had a great time getting to know the family and talking with them about their experiences. Everyone was so kind. Some of the other volunteers were also hoping to seek help from Habitat for Humanity. They’d put their applications for assistance in, but in order to be considered, they needed to log a certain number of volunteer hours with Habitat.

 

And in the end, we got the roof finished! We had such a wonderful time getting to know everybody, and spending a day giving back to the community. It’s truly a wonderful opportunity to not only lend a hand, but get to meet the people we were helping. We’re looking forward to our next opportunity to volunteer with Habitat for Humanity!

 

 

If you’re interested in volunteering for Habitat for Humanity or have any questions about their organization, be sure to visit their website!

 

What is the Statute of Limitations on Occupational Diseases?

 

What is the Statute of Limitations on Occupational Diseases?

When you have an accident at work, knowing when to file an accident report is simple — you should file as soon after your accident as possible. This will ensure that there’s an account of your accident in the records, and help prove to the insurance company that there is a need for workers’ compensation coverage.

 

Keep in mind, workers’ compensation doesn’t cover just accidents; it also covers occupational diseases. The big difference here is that it can be difficult to pinpoint the exact time when the disease first develops. There is a time limit on how long after your disease develops, so it’s important to file for workers’ compensation as soon as you can.

 

For instance, there was a case in 2012 in which an automotive mechanic assistant visited his doctor with complaints of shoulder pain that was initially diagnosed in 2000. The doctor diagnosed him with severe osteoarthritis, most likely a result of his job, which required frequent use of his arms and shoulders. He was advised that his shoulder might need to be replaced and that he should modify his work in order not to further damage his shoulder.

 

However, the mechanic continued to work until his retirement in 2009 despite the persistent pain. He often needed his co-workers to complete certain tasks. It was his shoulder pain that caused him to retire.

 

In 2012, the mechanic visited a doctor for his shoulder pain and was told that he had developed end-stage arthritis in his left shoulder, and that it required surgery. So he followed the doctor’s orders and underwent a surgery to replace his shoulder at the beginning of November. By the end of the month, he filed for workers’ compensation.

 

Despite the fact that he had developed this condition as a result of the normal duties of his job, the court dismissed his claim because he had waited too long to make his claim. There is a two-year statute of limitation on worker’s comp cases. The good news is that that two years generally begins after your first diagnosis.

 

If the mechanic had filed for workers’ compensation in 2000 when he received his first diagnosis, it’s likely he would have been covered by workers’ compensation. That’s why if you develop any sort of condition due to your work, it’s important that you file for workman’s comp as soon as you get the diagnosis.

 

There is a two-year statute of limitations on workers’ comp in cases of occupational diseases. If you’ve developed a condition due to your work, contact an experienced attorney as soon as possible.

 

What is Considered Suitable Employment?

What is Considered Suitable Employment?

If you’ve been injured at work, it’s not uncommon to be given work restrictions. Of course, these restrictions are going to limit which jobs you can take on. You may not be ready to return to your old job right away. However, if your employer has an available job within those restrictions, you must go back to work in order to maintain your benefits.

 

What if the job your employer offers you is located 50 miles away from where you live? Are you required to make that commute in order to keep your benefits? This situation was called into question in 2012. A man who lived in Tennessee but worked as an iron worker on a construction project in North Carolina suffered a fracture to his lower left leg. He applied for workers’ compensation and began receiving benefits.

 

While he was healing, he was given work restrictions. His company had no positions that met his work restrictions in North Carolina; instead they offered him a position in Charleston, South Carolina — more than 50 miles away. Despite the fact that he would have been making equal pay to his old job, he turned this position down. The distance made it unsuitable.
Instead he started working a number of minimum wage jobs to compensate. When the insurance company found out, they tried to revoke his workers’ compensation because he had refused suitable employment.

 

In the end, the court ruled that the man was in the right because the need for the job to be within 50 miles is a requirement rather than a guideline. There is no need to work a job that is an unreasonable distance away.

 

If you’ve been injured at work, be sure to contact Oxner + Permar so you can speak with an experienced attorney. With more than $275 million in awards and settlements, we have the experience to ensure that your rights are defended.

What Should I Expect at Mediation?

What Should I Expect at Mediation?

Often times, rather than going to court a case will go to mediation instead. So first of all, what is mediation? Basically instead of having a trial, the two parties (in this case, probably you and the insurance company’s team) will meet with a neutral third person to try to resolve a claim before a hearing. It gives you and the insurance company a chance to work out your own deal to close a case.

 

How is this different than court? For one, no one can make you or the other side settle your claim. You only form an agreement if you both actually agree to the final terms. Additionally, you won’t be sworn in or questioned. Of course, you have the right to speak, but it’s not a requirement. But don’t worry, your attorney will give you more details about speaking before the mediation.

 

Who is the mediator and what do they do? The mediator is the person who comes in as the neutral third party — they’re not on your side, and they’re not on the insurer’s side. They’re just there to help you come to an agreement. They will most likely talk with you about the tough parts of your case. But don’t feel singled out! They’ll also be asking the other party questions as well. They will act as a go-between between you and the other side. This will help get each side’s points and arguments across. If you are able to come to an agreement, the mediator will write it up and everyone will sign it. At this point, your case will be resolved.

 

Mediation is a common practice in workers’ comp law. In fact, our courts order that each case at least attempt to come to an agreement through mediation before going to trial — which is good for you because mediation generally saves a lot of time and money. Moreover, both parties are able to feel like they contributed to the outcome and generally walk away satisfied. Don’t worry, though, if your mediation is unsuccessful. This just means that your case will move onto court, where a Judge will make a final decision.

 

What is mediation and how does it work? Talk with your attorney about any questions you have and listen to their advice on expectations for the process.