Beasley Allen

Important information for Central United policy holders

Thu, 15 May 2008 05:05:00 GMT

FOR IMMEDIATE RELEASE:

MONTGOMERY, ALA - Consumers who have cancer insurance policies with Central United Life Insurance Company have until June 3, 2008, to review the details of a class action lawsuit against the company and opt out if they wish to exclude themselves from the class.

The Central United cancer policies provide for reimbursement of "actual charges" on claims for chemotherapy / radiation benefits. However, it appears that contrary to the terms of the policy, Central United has been paying only a portion of the charges, based on what the physician was paid by medical insurance or Medicare. Policyholders may have received only 30-40 percent of what they were owed.

A class action notice known as Skelton v. Central United Life Insurance Company was mailed to policyholders who possessed a policy during the timeframe of February 2003 through April 2008. Policyholders must opt out of this class action if they wish to pursue an…

Great Strides: Taking Steps to Cure Cystic Fibrosis

Fri, 14 Mar 2008 06:03:00 GMT

Employees and friends of Beasley Allen will help lead the charge against cystic fibrosis on May 18 by participating in "Great Strides: Taking Steps to Cure Cystic Fibrosis," the Cystic Fibrosis Foundation's largest national fund-raising event. Locally, the awareness and fundraising walk event will be held at the Montgomery Zoo.

Cystic fibrosis (CF) is a life-threatening genetic disease affecting about 30,000 people in the United States. Additionally, about 10 million more people - about 1 in every 31 Americans - are carriers of the disease. Diagnosis usually is made by age 2.

People affected by CF suffer from a buildup of mucus that clogs some of the organs in the body, especially the lungs and pancreas. Breathing can be very difficult, and people affected by CF are susceptible to bacteria that cause inflammation and infections leading to lung damage. Additionally, CF can stop digestive enzymes from getting to the intestines, which can cause poor nutrition and affect…

Beasley Allen walking to cure Cystic Fibrosis

Fri, 14 Mar 2008 06:03:00 GMT

Jere Beasley announces support for Obama

Mon, 18 Feb 2008 06:02:00 GMT

Jere Beasley, an Alabama lawyer, who has been a very active supporter of John Edwards, is now backing Senator Barack Obama for President. Beasley, a Democrat who served as Lt. Governor under George Wallace, made his support known today in an interview with the Associated Press. The Montgomery lawyer stated:

"Now that John Edwards is out of the race, I am going to actively support Senator Barack Obama for President of the United States. I am firmly convinced that Senator Obama is the person needed to bring about the badly needed change in Washington. I am also firmly convinced that he will be an outstanding President. The winds of change are blowing at a record clip all across the land. This man is a breath of fresh air on the political scene and I am looking forward to his taking over the leadership in our Nation's capital. The Obama candidacy has brought hope to millions of people in our country who have been left out when it comes to decision-making in Washington. I am…

Beasley Allen provides Scholarship Sponsorship for 2008 ADDY Awards

Fri, 15 Feb 2008 06:02:00 GMT

For Immediate Release
February 15, 2008

Beasley Allen provides Scholarship Sponsorship for 2008 ADDY Awards

MONTGOMERY, AL - Each year, the Montgomery Advertising Federation (MAF) honors advertising excellence and cultivates the highest creative standards in the River Region through its annual ADDY® Awards program. The MAF ADDY® Awards Competition is open to any individual, company or organization engaged in the creation of advertising. Students have the opportunity to enter their work in individual categories, just like the professional ADDY® Award competition. An awards banquet will be held Friday, Feb. 16, at 6 p.m. at the Montgomery Country Club to announce this year's best.

Locally based law firm Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., is proud to support the MAF as a Scholarship Sponsor for the 2008 awards. The "Best In Show" student winner will receive a scholarship as well as the opportunity to…

Merck Settles Thousands of Vioxx Claims for $4.85 Billion

Fri, 09 Nov 2007 06:11:00 GMT

For immediate release

Montgomery, Alabama (November 9, 2007) - Merck & Co., Inc. has agreed to pay $4.85 billion to
resolve Vioxx related claims in which a claimant has suffered a heart attack, sudden cardiac death,
or stroke.

The litigation involving product liability claims related to the pain reliever, Vioxx, has been ongoing for over five years. It is estimated that thousands of personal injury lawsuits have been filed. Discovery has been ongoing in consolidated cases throughout the country since 2001. Over 50 million pages of documents have been produced and reviewed. More than 2005 general depositions have been taken thus far. Thousands of motions have been filed and considered. Hundreds of experts in cardiology, pharmacology, neurology and other disciplines have been consulted. Moreover, over 19 trials have taken place between August 2005 and September 2007 with mixed results, including defense verdicts, plaintiff's verdicts, hung…

Thomas J. Methvin Speaking at University of Alabama Seminar

Fri, 28 Sep 2007 05:09:00 GMT

For immediate release

Managing shareholder, Thomas J. Methvin, invited to speak at University of Alabama School of Law seminar.

Montgomery ALA (September 19, 2007) - Thomas J. Methvin, managing shareholder at Beasley Allen law firm will be speaking on the topic, "How to Conduct an Intake and Investigation," at The Boot Camp for Litigating an Automobile Accident Case Seminar. The seminar is being held at University of Alabama School of Law in Tuscaloosa on Friday, September 21, 2007.

Thomas Methvin began his legal career with Beasley, Allen, Crow, Methvin, Portis & Miles, Portis & Miles P.C. in 1988 representing victims of consumer fraud. He pioneered many legal theories which are still in use today throughout the country. He also became a national spokesman for the rights
of consumers and the law that apply to their rights.

He has appeared on "Good Morning…

Clay Barnett Announced as Associate in Consumer Fraud Section

Wed, 20 Jun 2007 05:06:00 GMT

For immediate release

Montgomery, Alabama (June 20, 2007) Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., is pleased to announce that Clay Barnett has become an Associate with the firm.

Clay is the newest member of our Consumer Fraud section. His will focus on Average Wholesale Pricing (AWP) litigation brought by the State of Alabama against seventy-three influential pharmaceutical companies. The Firm represents the State of Alabama who, along with other similarly injured states, grossly overpaid for prescription drugs, after relying upon false and inflated prices reported by the pharmaceutical companies.

Clay attended the University of Alabama earning his B.S in Marketing in 1997 and his Juris Doctor from the university's School of Law in 2001. After graduating, Clay clerked for Mobile County Circuit Judge James C. Wood. Prior to joining the Firm, Clay served as an Assistant Attorney General, prosecuting under both…

Alabama Supreme Court Issues Ruling in AWP Case

Fri, 01 Jun 2007 05:06:00 GMT

For immediate release

Montgomery, Alabama (June 1, 2007) -The State of Alabama will now proceed with the individual cases filed against the 73 pharmaceutical companies. Today's ruling by the Alabama Supreme Court simply says that the state cannot try the cases against all defendants in one trial or a series of trials involving multiple defendants. We will now ask the trial judge to consolidate groups of cases for trial under Rule 42 (a) of the Alabama Rules of Civil Procedure. The availability of consolidated trials is clearly available to the state as pointed out by Justice Champ Lyons and Chief Justice Sue Bell Cobb. The law on that point is well settled in Alabama. We will ask the trial judge to grant relief to the state pursuant to Rule 42 (a) and to follow the recommendations made by Justice Lyons and Chief Justice Cobb.

Jere Beasley, one of the lawyers for the state, stated, "We should be able to keep the November trial…

District Court Orders New Trial in Vioxx Case Based on Misrepresentation by Mercks Expert Cardiologist

Thu, 31 May 2007 05:05:00 GMT

For immediate release

Montgomery, Alabama (May 31, 2007) - Judge Eldon E. Fallon, presiding judge over the federal Vioxx consolidated proceedings, In re Vioxx Products Liability Litigation MDL (No. 1657), ordered a new trial today in Evelyn Irvin Plunkett v. Merck & Co. Judge Fallon, a United States District Judge for the Eastern District of Louisiana, found that there was clear and convincing evidence that during the second trial of the Irvin case, Merck's expert cardiologist, Dr. Barry Rayburn, misrepresented his qualifications to the Court and to the jury. Dr. Rayburn's expert testimony was pivotal to Merck's defense. The fact that Dr. Rayburn misrepresented his qualifications prevented the Plaintiff from fully cross-examining Dr. Rayburn and presenting her case to the jury.

The Irvin case was the first case tried in the Vioxx MDL. The first trial occurred in Houston, TX during November and December 2005 and ended…

New Concerns Raised Over Ortho Evra

Wed, 16 May 2007 05:05:00 GMT

For immediate release

Knoxville, Tennessee (May 16, 2005) - New warnings about one form of birth control, especially popular with young women.

Ortho Evra is a once-a-week birth control patch that’s proven just as effective as the pill.

In fact, one clinical study finds women who use the patch are more likely to use it consistently and properly, than women who use birth control pills.

But there are serious risks, serious enough to compel one local ob-gyn group to stop prescribing it to patients.

Hundreds of local women are receiving letters, citing an American College of Gynecology study exposing the greater risk of deep vein thrombosis in women using the Ortho Evra birth control patch.

Parkwest Women’s Specialists have decided to change their patients to another form of birth control.

Obstetrician/Gynecologist Rosalind Cadigan says the increased risk is due to the fact that women…

Celebrex Lawsuit Filed in Tuscaloosa County

Mon, 23 Apr 2007 05:04:00 GMT

For immediate release

A lawsuit was filed today on behalf of Nina Ratliff who died as a result of complications associated with Stevens - Johnson syndrome (SJS).

Montgomery, Alabama (April 23, 2007) - A significant lawsuit was filed today in Tuscaloosa County, Alabama against a pharmaceutical company that makes and sells Celebrex. The wrongful death complaint was filed in state court by Michael H. Allen, Administrator of the Estate of Nina Earline Ratliff, who was a resident of Tuscaloosa County. Ms. Ratliff died of complications due to Stevens Johnson Syndrome (SJS), which she developed as a result of taking Celebrex.

Stevens Johnson Syndrome is an immune complex hypersensitivity reaction that can be caused from an immune response to a drug. This reaction often results in a widespread rash that involves eyes, mouth, vaginal, urethral, gastrointestinal, respiratory tract and other internal…

$4 Million Awarded in Lawsuit against Wal-Mart

Thu, 19 Apr 2007 05:04:00 GMT

For immediate release

Montgomery, Alabama (April 19, 2007)-Today a Montgomery County jury awarded $ 4 million in favor of Carolyn Thorne against Wal-Mart Corporation. Mrs. Thorne was severely injured and paralyzed in a car accident shortly after having her car serviced at Wal-Mart. Mrs. Thorne’s Ford Expedition went out of control when the tread on one of her tires separated. She is paralyzed as a result of the accident. According to Greg Allen, one of the attorneys for Mrs. Thorne, “Mrs. Thorne was doing everything she should have done. She regularly had her car serviced at the Wal-Mart store where they checked the tires. The car was serviced on nine different occasions after Wal-Mart had been made aware that the tire was recalled. She actually had the Expedition serviced one week before the accident and the technicians failed to realize that the tire was separating even though the evidence was undisputed…

Wrongful Death Suit Filed Over Aviation Accident

Tue, 27 Mar 2007 06:03:00 GMT

For immediate release

Beasley Allen law firm files lawsuit on behalf of Pam Smitherman who lost her husband and son in an aviation accident at an air show.

Montgomery, Alabama (March 27, 2007) - A wrongful death suit, arising out of the deaths of a father and son at an air show in Shelby County, has been filed in Jefferson County Circuit Court. On September 23, 2006, John W. Smitherman, Pam Smitherman and their son, Landon, attended the “Wings and Wheels Air Show” in Calera, Alabama, which was sponsored by the Birmingham Aero Club Air Safe Foundation. Mr. Smitherman and his son were paying passengers on a Beech Bonanza F33 aircraft provided by its owners for use at the show. Shortly after take off from the Shelby County Airport, the airplane experienced a total loss of engine power and inadvertent stall due to a lack of fuel. While Mrs.…

Beasley Allen Law Firm Supports Asbestos Ban

Tue, 06 Mar 2007 06:03:00 GMT

For immediate release

Montgomery, Alabama (March 6, 2007) - Tom Methvin, President of Beasley Allen Law Firm in Montgomery Alabama, announced the firm’s support of the Ban Asbestos in America Act.

“Senator Patty Murray (DWASH) has been working on this very important piece of legislation for over 5 years now and we support this amendment [to the Toxic Substances Control Act] because we believe it addresses 3 very important issues – a complete ban of asbestoscontaining products, research and treatment, and education,” Tom said.

If enacted by the Senate and House of Representatives in its current state, the bill would:

1. Establish a ban on asbestos that would prohibit companies from manufacturing, processing or distributing asbestos-containing products;

2. Earmark $1,000,000 each year for Mesothelioma research and treatment centers;…

IMMI Defective Seat Belt Case Settles

Mon, 29 Jan 2007 06:01:00 GMT

For immediate release

Montgomery, Alabama (January 29, 2007) - Before selecting a jury for a trial that was scheduled to last for weeks in Montgomery County Circuit Court, the family of Joe Freeman settled their product liability case with Indiana Mills & Manufacturing, Inc. in Westfield, Indiana, for an undisclosed amount. Mr. Freeman, a truck driver, was killed when he was ejected from the large truck (tractortrailer) he was driving on an Alabama highway back in 2005. IMMI was the manufacturer of a seat belt buckle which was part of the safety restraint in the truck Mr. Freeman was driving. IMMI had known that their buckles were defective and dangerous long before the truck driven by Mr. Freeman was even manufactured. Mr. Freeman, who worked for Evergreen Forest Products, was thrown through the windshield of his truck and was killed when he struck the pavement. The initial collision was one that wouldn’t have resulted in a…

Wrongful Death Suit Filed In School Bus Case

Tue, 23 Jan 2007 06:01:00 GMT

For immediate release

Montgomery, Alabama (January 23, 2007) - A wrongful death lawsuit has been filed arising out of the school bus accident that occurred in Huntsville, Alabama, in November of last year. The complaint names as defendants Laidlaw Transit, the school bus driver and the driver of a passenger car that was involved in the incident. The school bus involved, which was owned by Laidlaw Transit, was transporting a group of Lee High School students to the Huntsville Technology Center. The school bus was equipped with a seat belt for the driver, but not for the students. The school bus driver was not wearing his seat belt when contact was made with the other vehicle and that contributed to his losing control of the bus. The driver was ejected from the bus before it left the highway after hitting a 32” high ramp wall. Four students were killed in the crash and several…

New Orleans Jury Returns $51 Million Verdict against Merck

Thu, 17 Aug 2006 05:08:00 GMT

For immediate release

Montgomery, Alabama (August 17, 2006) - A New Orleans jury in the second Multi-District Litigation (MDL) trial has awarded a $50 million compensatory damage verdict and a $1 million punitive damage verdict against Merck. Andy Birchfield of the Beasley Allen firm served as co-counsel along with Mark Robinson of Robinson Calcagnie & Robinson during the trial of this matter. The case involved a retired FBI agent who suffered a heart attack after using Vioxx.

Andy serves as co-lead counsel for the MDL and has been involved in each of the trials that have occurred in the MDL. Andy indicated that he was very pleased with the verdict and praised the jury for their hard work. The New Orleans based jury found that Merck had negligently and fraudulently misrepresented the potential heart attack risk associated with its drug Vioxx. The jury further found that the dangers associated with Vioxx were the cause of our client's…

Fraud Charges against Ocwen Federal Bank

Wed, 15 Mar 2006 06:03:00 GMT

For immediate release

Montgomery, Alabama (March 15, 2006) - Multiple trials are set in several Alabama counties this year, beginning in April, against Ocwen Loan Servicing LLC, formerly Ocwen Federal Bank FSB. Ocwen, headquartered in West Palm Beach, Florida, is the largest third-party mortgage service provider in the United States.

According to complaints filed in Macon, Russell and Jefferson counties, Ocwen charged customers $95 default notice fees for each notice sent. The United States Department of Treasury’s Office of Thrift Supervision took exception to this practice. In April of 2004 Ocwen entered into an agreement with the Office of Thrift Supervision to cease charging these default notice fees to borrowers. Despite this agreement Ocwen has not gone through customers’ files and removed previous default notice charges from their accounts.

One of the first of these lawsuits will proceed to trial in…

Celebrex Case Set for Trial in Alabama State Court

Wed, 01 Mar 2006 06:03:00 GMT

For immediate release

Montgomery, Alabama (March 1, 2006) - A Celebrex lawsuit has been set for trial on June 6, 2006 for a woman who suffered a stroke at age 53, caused by taking the pain relieving drug, Celebrex. The trial will take place in the Circuit Court of Barbour County in Alabama (Rosie Ware v. Pfizer, Inc, Monsanto Company, G.D. Searle, LLC, et al). It will most likely be the first Celebrex case to be tried in the country.

Rosie Ware took Celebrex (Celecoxib), a pharmaceutical treatment for joint pain associated with osteoarthritis and other painrelated conditions. She suffered a stroke in February 2005, and contends it was due to her use of Celebrex. As a result, Ms. Ware’s physical setback cost her substantial sums of money for medical, hospital and related care.

The lawsuit accuses Pfizer, Inc., Monsanto Company,Pharmacia, and G.D. Searle LLC (a subsidiary of Pharmacia) of failing to warn the…