Archives for March 2012

Generic Drugs Immune to Lawsuits

Debbie Schork, a deli worker at a supermarket in Indiana, had to have her hand amputated after an emergency room nurse injected her with an anti-nausea drug, causing gangrene. She sued the manufacturer named in the hospital’s records for failing to warn about the risks of injecting it. Her case was quietly thrown out of court last fall.

That result stands in sharp contrast to the highly publicized case of Diana Levine, a professional musician from Vermont. Her hand and forearm were amputated because of gangrene after a physician assistant at a health clinic injected her with the same drug. She sued the drug maker, Wyeth, and won $6.8 million.

The financial outcomes were radically different for one reason: Ms. Schork had received the generic version of the drug, known as promethazine, while Ms. Levine had been given the brand name, Phenergan.

 

Read the entire story by Katie Thomas of the NY Times.

If you have been harmed by a legal drug (generic or not),  call the Lawyer Referral Service of the NH Bar Association at 603-229-0002 for a free consultation with an attorney experienced with handling pharmaceutical drug injuries, or request an online referral.

Report Bullying and Harassment of LGBT Students

Have you or someone you know experienced LGBT based bullying, harassment, or discrimination in school?

According to the Gay, Lesbian, and Straight Education Network (GLSEN), you are not alone:

Approximately 85% of high school students report being harassed in school because of their real or perceived sexual orientation and 64% of students report being harassed for being too masculine or too feminine. Even more troubling, only 18% of LGBT students report that their schools have policies which offer comprehensive protections.

Without  adequate statewide protections, what can members of school communities do to address these issues?

We can take action to ensure LGBT students claim their rights, create a record measuring anti-LGBT harassment, and use this record to advocate laws and policies that will address this epidemic plaguing our nation’s schools.

Empowering school communities with this information , and delivering reports to the U.S. Education Department is a critical first step in claiming our rights and getting the tools to create change and build safer schools. We need your help in this important educational and advocacy effort.

GLSEN recommends  that if you – or someone that you know – have experienced school-based bullying, harassment, or discrimination, please file a complaint with the Office for Civil Rights (OCR) at the U.S. Education Department today.  For more information on how to file a complaint, visit GLSEN’s website.

For information regarding New Hampshire’s anti-bullying law and other resources check out Bully Free New Hampshire.

For discrimination matters in areas of employment, public accommodations and the sale or rental of housing or commercial property, because of age, sex, sexual orientation, race, creed, color, marital status, familial status, physical or mental disability or national origin contact the NH Commission for Human Rights.

The Lawyer Referral Service of the New Hampshire Bar Association has a panel of competent attorneys experienced with handling discrimination matters.  Most discrimination claims are time-sensitive so call LRS today at 603-229-0002 or request an online referral.

Taxes Prepared and E-Filed for Free in NH

Get your taxes prepared and e-filed for free in NH by IRS-certified volunteer tax preparers.

  • Do you have income under $58,000?  If so, you can get your taxes prepared for free!
  • Get up to $5,751 back from the IRS if you qualify for earned income tax credit.
  • Get your refund in less than 10 days with direct deposit!

PORTSMOUTH, NH AREA – Northeast Credit Union. Please call (603) 422-9804 for an appointment.

ROCHESTER, NH AREA – Walk-ins welcomed – Please call (603) 430-4934 for more information.

For additional locations including free AARP TaxAide sites call 2-1-1.

Have you received a letter from the IRS saying you owe more money than you thought you did?  A consultation with a competent tax attorney can make all the difference!  Call the Lawyer Referral Service today at 603-229-0002 or request an online referral.

Do You Have Permission to “Pin” That?

Pinterest, a social photo sharing website, launched in 2010, allows users to create and manage theme-based image collections.  This site, especially popular with women, has grown to 11.1 million users as of last month.

According to Georgia lawyer Kirsten Kowalski, Pinterest’s terms of use agreement states that users are responsible for member content they make available, and either accordingly own the content or have consent from the items’ owners.

“I immediately thought of the ridiculously gorgeous images I had recently pinned from an outside website and, while I gave the other photographer credit right in my pin … I most certainly could not think of any way that I either owned those photos or had license, consent or release from the photographers who owned them,” Kowalski wrote.

Also, Business Insider reports, Pinterest’s terms of service holds users responsible for legal fees should litigation arise. Kowalski notes that Pinterest reserves the right to prosecute users for copyright violations.

Read the entire story from the ABA Journal News.

If you have been accused of  violating copyright laws, or someone is using your intellectual property without permission, consulting with an attorney who specifically handles intellectual property matters can make all the difference!  The Lawyer Referral Service of the NH Bar Association can refer you to competent attorneys who regularly practice in this area of law.  Call 603-229-0002 for a referral or submit the online referral request form.