$12,760,000 Settlement Involving Insurance Fraud

posted on:
January 14, 2008

author:
Staff

category:
Fraud | Landmark Verdict

$12,760,000 insurance fraud settlement on behalf of a group of clients.

June, 2002 

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Legal Food Frenzy kicks off, aims to reduce hunger across Alabama

posted on:
April 24, 2017

author:
Staff

category:
Community

Approximately 140,000 pounds of food – the weight of six school buses – was donated to the Alabama Food Bank Association through last year’s Alabama Legal Food Frenzy. This year, Beasley Allen and more than 50 other law firms from around the state are competing against each other to continue to provide food for families served by the association’s eight regional food banks.

“The food and funds raised during this competition provided the equivalent of almost 120,000 meals over the summer months,” Laura Lester, executive director of the Alabama Food Bank Association, said. “It was incredibly meaningful to see the impact the legal community had on fighting hunger in Alabama.”

This is the second year the Alabama Attorney General’s Office, the Alabama State Bar and the Alabama Food Bank Association will join together to help end child hunger through the Alabama Legal Food Frenzy, which runs through May 5. During this time, firms across Alabama, competing in size-based categories, will collect food from employees and their communities to be distributed by their local food banks.

Food collected from firms in the River Region will support the Montgomery Area Food Bank, which supports 35 of Alabama’s 67 counties and an estimated 375,000 Alabamians in need.

“Our Heart of Alabama network has an extended reach to more than 800 local community agencies, but we continue to grow because there are still more neighbors we need to be able to help,” said Richard A. Deem, chief executive officer of the Montgomery Area Food Bank. Summer is traditionally a slow time for food donations, Deem explained, though the need actually increases when school ends and thousands of children lose access to meals. Only an estimated 10 percent of children who receive free or reduced-price lunches during the school year have access to summer meal programs.

“During these months, we have an interactive map of the locations of this year’s Summer Youth Feeding programs on our Web site,” Deem said. “We have several outreach programs designed to target families, seniors and, of course, children. In fact, we have a new pilot program called Feeding Our Remarkable Kids (FORK). FORK supports the adoption of a local school by one of our agencies, which in turn provides help to students and families needing a little more than the school’s breakfast and lunch program can provide.”

The Legal Food Frenzy provides firms not only with the opportunity for bragging rights but, more importantly, with the chance to provide meals for children who would otherwise struggle to keep their tummies full.

The Legal Food Frenzy will be held April 24-May 5, 2017. To donate to Alabama Food Bank Association through Beasley Allen, contact Helen Taylor at 800-898-2024 or helen.taylor@beasleyallen.com. For more information on helping end childhood hunger in the River Region, visit montgomeryareafoodbank.org.

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At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Beasley Allen secures three of the nation’s Top 100 Verdicts in 2016

posted on:
April 24, 2017

author:
Staff

category:
Community

2016 top verdicts nlj 250x140 Beasley Allen secures three of the nation’s Top 100 Verdicts in 2016The National Law Journal has recognized Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., on its annual list of the nation’s Top 100 Verdicts for three separate trial victories on behalf of cancer victims.

In 2016, the firm secured jury verdicts of $72 million, $70 million and $55 million, the third, fourth and fifth largest personal injury verdicts of the year, all against Johnson & Johnson for ovarian cancer claims related to the use of talcum powder. The rankings are based on research by ALM’s VerdictSearch, the recognized leader in U.S. verdict information..

“We take great pride in achieving justice for those injured by corporate actions, and we try mightily to change negligent corporate behavior to prevent future tragedies,” said Jere Beasley, principal and founder of the firm.

Beasley Allen has numerous ongoing lawsuits against Johnson & Johnson on behalf of ovarian cancer victims and their families. The lawsuits contend that the companies have known about the dangers of talcum powder use for genital hygiene for decades, but have tried to suppress and dismiss the numerous scientific studies showing the link between ovarian cancer and the long-term use of talc.

In addition to Mr. Beasley, firm attorneys honored in the national report on top verdicts include Ted Meadows, Danielle Mason, David Dearing, Ryan Beattie, Brittany Scott and Lauren Razick.

Beasley Allen shares the recognition with its co-counsel, The Smith Law Firm, PLLC, of Ridgeland, Miss., and local counsel Onder, Shelton, O’Leary & Peterson of St. Louis.

Headquartered in Montgomery, Ala., Beasley Allen is comprised of more than 70 attorneys and 200 support staff. One of the largest Plaintiffs law firms in the country, Beasley Allen is a national leader in civil litigation, with verdicts and settlements in excess of $26 billion. Beasley Allen was one of only 12 firms in the nation named by Law360 to its Most Feared Plaintiffs Firms list in 2015, and the firm was included on the National Law Journal Midsize Law Firm Hot List and the NLJ Elite Trial Lawyers List in 2014.

Media Contact:

Helen Taylor
(334) 201-2311 voice or text
helen.taylor@beasleyallen.com

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At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Automakers knowingly continue to install defective Takata airbags

posted on:
April 21, 2017

author:
Chris Glover

chris glover Automakers knowingly continue to install defective Takata airbagsLast year automakers recalled 53.2 million vehicles in the United States. It is a record that has been broken annually since 2014, though it’s not exactly one we should hope to break. Each recall notice means hundreds, thousands or millions of people have been put at risk of serious injury or death. No example better highlights the potential risk than the Takata airbag recall, which has identified 46 million airbag inflators for repair and affected approximately 29 million vehicles.

The National Highway Traffic Safety Administration (NHTSA) estimates only about 13.6 million of the 46 million defective airbags have been repaired, leaving millions driving cars with a defective airbag — a product meant to protect drivers’ lives — that could literally explode in their faces during an accident if it is exposed to high temperatures or humidity.

The recall has been a messy one: Not enough replacement parts exist to fix all the previously affected cars. But what about new cars? You would think a recall on Takata airbags would mean they were no longer installed in vehicles coming off the assembly line — but you would be wrong.

Defective airbags linked to the largest consumer recall in history were still being placed in new cars long after their dangers became apparent. Why? Some had yet to be recalled and so they could still technically be installed.

A June 2016 NBC News piece reported automakers Fiat Chrysler, Mitsubishi, Toyota, Daimler Vans, Ferrari, Mercedes-Benz and Volkswagen were at some point knowingly using defective Takata airbags that had not been equipped with desiccant, a chemical designed to reduce moisture, in new cars. People bought cars not realizing they would soon be recalled — and the manufacturers knew the parts they were installing had been linked to people’s deaths. It seems like a far cry from trying to protect consumers.

To make matters worse, a shortage of replacement parts not only means Americans continue to travel with defective airbags, but last year federal regulators approved installing defective Takata inflators as replacements for older airbags in about 2.1 million recalled vehicles.

“Federal regulators have approved (the) move as a temporary measure due to a shortage of replacement parts using newer, safer designs,” NBC News explained in its 2016 article.

A better way has to be found. America should be striving to create safer vehicles that require fewer recalls — not switching out one potential disaster for another or continuing to allow manufacturers to install products they know are defective. Some records should never be broken.

* * *

Beasley Allen attorney Chris Glover, who is heading up the firm’s new Atlanta office, handles cases of personal injury involving defective automotive products in single- and multi-vehicle crashes. For more information about these types of claims, contact him by email at Chris.Glover@BeasleyAllen.com. Chris also recently wrote a book about trucking litigation, An Introduction to Truck Accident Claims: A Guide to Getting Started. This book is free to lawyers. To get your copy, visit www.chrisglover-law.com/book.

Sources:
NBC News
U.S. Senate
Beasley Allen
NHTSA

Free Legal Consultation
At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Dexilant use linked to serious, repeated episodes of vertigo

posted on:
April 20, 2017

author:
James Lampkin

james lampkin1 Dexilant use linked to serious, repeated episodes of vertigoDexilant and Dexilant Solutab are prescription drugs in a class of drugs known as proton pump inhibitors (PPIs). According to the Jere Beasley Report, there were 5,635 reports of side effects linked to the drugs’ use between 2009, when the Food and Drug Administration (FDA) approved it, and 2016.

Nearly six percent of those reporting side effects reported suffering from vertigo. Some consumers who reported experiencing vertigo used Dexilant for less than a month while others used it for as long as six months.

Dexilant and Dexilant Solutab are manufactured by Takeda Pharmaceutical Company Ltd. Dexilant was initially approved for adult patients to treat all grades of erosive esophagitis (EE); maintenance of healed EE and relief of heartburn; and treatment of symptomatic non-erosive gastroesophageal reflux disease (GERD). Dexilant Solutab was approved for adult patients for the maintenance of healed EE and relief of heartburn and treatment of symptomatic non-erosive GERD. In 2016, the FDA expanded approval for use of Dexilant and Dexilant Solutab by patients 12 to 17 years of age in the approved indications.

Prescribing information identifies dizziness as one of the “less common adverse reactions.” The less common adverse reactions occur in less than 2 percent of the reported side effects. However, it fails to warn patients that serious or repeated vertigo is a potential adverse side effect. Additional adverse side effects include hypertension (high blood pressure) and an increased risk of stroke for patients taking 60 mg of Dexilant two times daily.

Beasley Allen has previously described additional adverse effects linked to the use of PPIs including Acute Interstitial Nephritis, an increased risk of Acute Kidney Injury (or Acute Renal Failure) and Chronic Kidney Disease.

* * *

Beasley Allen attorney James Lampkin works in the firm’s Mass Torts section handling claims on behalf of patients negatively affected by medical devices and medications. He is currently investigating cases involving serious or repeated vertigo and Dexilant use. For more information about these types of claims, contact him by email at James.Lampkin@BeasleyAllen.com.

Sources:
Jere Beasley Report (April 2017)
Beasley Allen

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At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

With a heart for serving those in need, Ali Hawthorne carries out Beasley Allen’s mission

posted on:
April 19, 2017

author:
Staff

category:
Community

ali hawthorne1 With a heart for serving those in need, Ali Hawthorne carries out Beasley Allen’s missionLong before she started practicing law at Beasley Allen, Alison “Ali” Hawthorne, a Kennesaw, Georgia, native, had the desire to help populations vulnerable to the schemes and deception of others. She has been a natural fit for carrying out Beasley Allen’s mission – “helping those who need it most.”

Ali has worked in law firms since she was 16 years old. Even as a teenager, she appreciated the unique opportunities lawyers have to help a wide range of clients fight for justice.

“I realized there are people in our country with circumstances far beyond their control, and lawyers are some of the only professionals that can fight for them when they cannot fight for themselves,” Ali said.

As a lawyer in the firm’s Consumer Fraud Section, Ali has helped people fight the unfair and deceptive business practices of greedy companies attempting to pad their bottom line.

She is particularly proud of her work on the national litigation challenging exorbitantly inflated prescription drug prices charged by some of the largest pharmaceutical companies in the nation. These pharmaceutical giants used fraudulent billing practices to rob states and their Medicaid agencies. Lawyers like Ali have recovered billions of taxpayer dollars, returning it to the states and the agencies providing services to vulnerable residents. As a result, pharmaceutical manufacturers have completely changed the way they conduct business with states and their Medicaid agencies.

Additionally, Ali has been instrumental in efforts to curb the fraudulent and misleading product marketing that runs rampant in the health care and cosmetics industries. Such marketing gimmicks can cost hard working consumers time and money when products do not live up to the marketing hype.

“I am humbled by the opportunity I have at Beasley Allen to take on giant companies that have taken advantage of our clients and to restore some of what they lost,” Ali said.

Ali’s passion for serving those in need is evident in the causes she supports. She is especially inspired by the work of Brantwood Children’s Home, a local organization providing a safe, stable and structured environment for abused, neglected and other at-risk children. Through her role on various volunteer boards that support the organization, Ali has seen first-hand the impact it has on children’s lives and is impressed by how the organization’s administration and staff maintain the services with limited public funding.

At one time, Ali enjoyed spontaneous weekend trips and watching long movies with her husband, Ray. Now the two enjoy quality time with their 15-month-old son, Jack, and are excited to welcome their second child later this year – when family outings to nearby Lake Martin will be more important than ever.

Free Legal Consultation
At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Oklahoma hospital pays $1.6M to settle False Claims Act allegations

posted on:
April 18, 2017

author:
Lance Gould

category:
Fraud

The Norman Regional Hospital Authority in Norman, Oklahoma, a former hospital administrator, and six radiologists have agreed to pay the U.S. government more than $1.6 million to settle a whistleblower’s False Claims Act lawsuit alleging the defendants improperly billed Medicare for radiological services that did not qualify for reimbursement.

The $1,618,750 settlement resolves allegations filed in federal court in Oklahoma City by Dr. Lance Garber, a radiologist formerly employed by Norman Regional. Dr. Garber filed the lawsuit under the whistleblower provisions of the False Claims Act, which authorizes private individuals to sue on behalf of the federal government. The U.S. Department of Justice (DOJ) investigated Dr. Garber’s claims and chose to back the lawsuit.

Dr. Garber and the U.S. alleged that Norman Regional and the other defendants were billing Medicare for diagnostic services performed by radiological practitioner assistants (RPAs) without the required supervision of physicians.

“There are certain radiological diagnostic services that require ‘personal’ supervision,” the U.S. Attorney for the Western District of Oklahoma said in a statement. “This means that a physician must be in the room supervising the RPA when the RPA performs the service. If a physician is not in the room, the service cannot be billed to Medicare.”

Dr. Garber will receive $291,375, about 18 percent of the settlement, as a whistleblower award for helping the U.S. recover the Medicare funds. The defendants also agreed to pay more than $31,000 for Dr. Garber’s legal expenses.

* * *

Are you aware of fraud being committed against the federal government, or a state government? If so, the FCA can protect and reward you for doing the right thing by reporting the fraud. If you have any questions about whether you qualify as a whistleblower, please contact an attorney at Beasley Allen for a free and confidential evaluation of your claim. There is a contact form on this website, or you may email one of the lawyers on our whistleblower litigation team: Archie Grubb, Larry Golston, Lance Gould or Andrew Brashier

Source: U.S. Attorney’s Office for the Western District of Oklahoma

Free Legal Consultation
At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Commercial truck tires must be up to par to protect public safety on the roads

posted on:
April 14, 2017

author:
Ben Baker

Commercial truck tires have a lot riding on them; people’s livelihoods and even lives depend on their proper functioning. As The Los Angeles Times reported, the commercial trucks zooming down the interstate could even be carrying nuclear bombs. But nuclear bombs or not, ensuring commercial tires are up to their tasks is a must for the safety of truck drivers and the public.

Tire problems cause about 8,000 accidents per year for commercial trucks alone, Righting Injustice previously reported. These accidents account for about 6 percent of all commercial truck accidents.

The National Highway Traffic Safety Administration’s (NHTSA) Office of Defects Investigations recognizes a number of factors that can compromise tire safety and increase the risk of a deadly accident. As a result, the Federal Motor Carrier Safety Administration (FMCSA) has issued a list of recommendations for commercial truck drivers to help promote tire safety.

According to the FMCSA, commercial tires should be examined every day for irregular treadwear, cracking, bulges, inadequate tread depth, cuts and other damage. Tire rims should only be those of an approved width and diameter, as mismatched tire and rim components may explode. Overloading or underinflating tires causes excessive heat build-up and internal structure damage, and exceeding tires’ speed ratings can also cause damage and lead to tire failure.

Hundreds of deaths and thousands of injuries from tire failure should motivate preventative action but, sadly, manufacturers and employers often refuse to take the necessary tire safety precautions until their carelessness is revealed in a courtroom.

* * *

Ben Baker, a lawyer in our Personal Injury / Products Liability section, is experienced in handling claims involving tire failure. For more information, contact him at Ben.Baker@beasleyallen.com or call 800-898-2034. Ben recently wrote a book, Tire Litigation: A Primer, which is available free to lawyers. To order your copy or download a digital copy, visit benbaker-law.com/book.

Sources:
LA Times
Righting Injustice
FMCSA
Tire Litigation: A Primer

Free Legal Consultation
At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Beasley Allen dubbed ‘Plaintiffs Powerhouse’ as the firm opens new office in Atlanta

posted on:
April 13, 2017

author:
Staff

category:
Community

For the first time in its nearly 40-year history, Beasley Allen Law Firm has opened an office in a city other than hometown Montgomery, Alabama. In January, the firm opened an office in Atlanta, Georgia. Although the new office will focus primarily on personal injury and products liability cases, lawyers at the new office will handle other cases representing plaintiffs in a variety of areas.

Shortly after Beasley Allen’s arrival in Atlanta, the Daily Report dubbed the firm a “Plaintiffs Powerhouse” as it speculated about how the firm will impact the legal landscape. The Daily Report is the primary news source about the courts, lawyers and the legal profession in metro Atlanta and the state of Georgia.

The Daily Report noted Beasley Allen’s involvement in high-profile cases including GM ignition switch defects, BP Deepwater Horizon explosion and oil sipll, Vioxx, the VW emissions cheat scandal and exploding Takata airbags. These cases illustrate that Beasley Allen is a leader in each of its practice sections – Personal Injury/Products Liability, Mass Torts, Consumer Fraud and Toxic Torts.

Spearheading efforts to launch the new Atlanta office are Beasley Allen lawyers Chris Glover and Navan Ward. Chris is experienced in the areas of personal injury and products liability, particularly focusing on single-vehicle accidents and truck accident cases involving 18-wheelers and other heavy trucks. Last year, Chris published a book, An Introduction to Truck Accident Claims: A Guide to Getting Started, which is a primer to help other attorneys navigate litigation involving commercial vehicles.

Navan is a leader in the firm’s Mass Torts section, and has been instrumental in ongoing litigation related to defective metal-on-metal hip implants, serving on a number of Plaintiff Steering Committees for cases involving a number of medical device manufacturers. Navan also is active in the American Association for Justice (AAJ), where he holds the position of Parliamentarian and is in line to become president in the next few years.

Beasley Allen also will be working closely with Marietta plaintiffs’ lawyer Lance Cooper, with whom the firm developed a relationship after working on the GM ignition switch defect cases. Cooper discovered the ignition switch flaw while representing Ken and Beth Melton, whose daughter Brooke was killed when the faulty ignition switch caused the crash of her Chevrolet Cobalt.

Beasley Allen’s new office is located at 4200 Northside Parkway, Building One, Suite 200, Atlanta, Ga., 30327. You can reach us by phone at 404-751-1162, Fax at 855-674-1818, or always call us toll free at 800-898-2034 to discuss any cases of interest or to get more information.

Source: The Daily Report

Free Legal Consultation
At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Beasley Allen representing family of man killed in I-85 crash

posted on:
April 13, 2017

author:
Staff

Lawyers from Beasley Allen Law Firm are representing Laura Quarles, whose husband, Gregory Quarles, was killed Jan. 31 in the northbound lane of I-85 in Montgomery, Alabama, near the Chantilly exit. Mr. Quarles was driving his Jeep Cherokee vehicle in the right-hand lane near the exit when an 18-wheeler failed to slow for traffic that was stopped due to an accident that occurred across the Interstate in the southbound lanes of I-85, but which caused traffic in the northbound lanes to slow and eventually stop.

An 18-wheeler operated by Joshua Lawrence Faircloth on behalf of Tennessee Steel Haulers (TSH) was behind Mr. Quarles. When Mr. Faircloth failed to stop his truck, he collided with the back of Mr. Quarles vehicle and pushed him into another 18-wheeler, resulting in an explosion and fire that killed Mr. Quarles. Beasley Allen lawyer J. Greg Allen is representing Mrs. Quarles in the wrongful death lawsuit.

“Coach Quarles was a fine husband and father. His wife and children miss him dearly,” Allen said. “This is the type of crash that could affect anyone’s family at any time. The weight of the two 18-wheelers caused horrific damage and an instantaneous explosion when Mr. Quarles’s vehicle was crushed between the two striking trucks. We hope this lawsuit will serve as a message and warning to those who operate heavy trucks that there are serious consequences to reckless operation of these massive vehicles.”

The complaint is filed in the Circuit Court for Montgomery County, Alabama, 03-CV-2017-900540.00.

For more information or to schedule an interview about this case, contact Helen Taylor, Director of Marketing, at helen.taylor@beasleyallen.com.

Free Legal Consultation
At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Lawsuits mount against Johnson & Johnson, Ethicon over hernia mesh

posted on:
April 13, 2017

author:
Matt Munson

The Jere Beasley Report recently described mounting claims against another Johnson & Johnson mesh product. The pharmaceutical giant and its subsidiary, Ethicon, are facing approximately 18 claims against Physiomesh – Ethicon’s hernia mesh – and those claims are expected to grow. In fact, Drugwatch.com, reported that, in March, plaintiffs asked the Judicial Panel on Multidistrict Litigation (JPML) to consolidate the claims into a multidistrict litigation (MDL) docket in the Middle District of Florida in anticipation of future filings.

Physiomesh is used to repair hernias, or areas of weak muscle, in the abdomen. The mesh is attached to the abdominal wall to reinforce the wall and prevent the hernia from re-opening.

Ethicon’s Physiomesh and its problematic transvaginal mesh are both made of polypropylene – a flexible plastic product known to erode once implanted. As the structure deteriorates inside the body, layers of the mesh separate, leaving the polypropylene exposed. As the mesh fragments travel through the body they can perforate or puncture organs, causing chronic pain, infections and even death.

In April 2010, the U.S. Food and Drug Administration (FDA) approved Physiomesh through the 510(k) process. Through this process, medical devices can bypass more rigorous medical review if the device is substantially similar to one that has already been approved. The companies relied on Ethicon’s Proceed mesh to fast-track the hernia mesh to market. Proceed surgical mesh was also fast-tracked, so neither mesh product was safety-tested in humans prior to entering the market.

Ethicon has not officially recalled Physiomesh; yet, last May it quietly withdrew the product from markets in the U.S., Europe and Australia. The withdrawal came on the heels of two studies that revealed higher rates of hernia recurrence and re-operation in patients who were implanted with Physiomesh when compared to other similar devices.

* * *

If you or a loved one has received hernia treatment that included Physiomesh and have experienced complications, contact Matt Munson by calling 800-898-2034 or by email at Matt.Munson@BeasleyAllen.com.

Sources:
Jere Beasley Report (January 2017)
Drugwatch.com
Beasley Allen
Righting Injustice

Free Legal Consultation
At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.
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