tax fraud

Stryker Hip Replacement Lawyers, Stryker Hip Replacement Helpline

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Adding to the Zimmer and DePuy metal on metal hip replacement Stryker has recalled it s latest metal component hip replacement implant. Stryker has voluntarily recalled the Rejuvenate metal component hip replacement implant and ABG II modular- neck stems
Stryker has voluntarily stopped market distribution of these hip replacements due to increased risk of injury. The hip replacement implants have been shown to fret or corrode, harming body tissue and causing pain and swelling. Other injuries include:

  • Severe inflammatory reactions
  • Pain in the groin
  • metal toxicity ort poisoning
  • high metal levels in the blood
  • need for additional surgery
  • Breakdown of muscles, tendons and other soft tissues in and around the hip joint
  • Loss of surrounding bone
  • Loss of mobility

While other types of hip implants such as those made by Johnson & Johnson and DePuy Orthopaedics Inc. involve a metal ball rubbing against a metal socket, the Stryker Rejuvenate products involve a metal neck inside a metal stem. The Stryker Hip replacement Helpline and hip replacement lawyers are reaching out to all victims of the failed device for a potential multi district litigation.

The products have metal components and although they are not metal on metal run the same risks of chromium and cobalt toxicity poisoning. If you have been injured you are advised to contact your doctor immediately and contact the Stryker Hip Replacement Helpline for a Stryker lawyer

Pradaxa Breaking News, Pradaxa lawyers, Pradaxa Lawsuits, Pradaxa Bleeding

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Pradaxa has warnings for excessive bleeding. Pradaxa Helpline is concerned about Pradaxa and the elderly

The Pradaxa Helpline Has Pradaxa Lawyers to Help You

LONDON | Fri May 25, 2012 6:07am EDT

(Reuters) Doctors and patients should be given clearer guidance on how to avoid bleeding risks when using Boehringer Ingelheim s new stroke prevention pill Pradaxa, European regulators said on Friday.

The European Medicines Agency said data continued to confirm the positive benefit-risk balance of the anticoagulant medicine, despite cases of fatal bleeding, but advice on the risks should be strengthened.

Pradaxa is the first in a new class of medicines aimed at replacing the old and problematic drug warfarin. It is designed for use after hip and knee surgery and to prevent strokes in patients with atrial fibrillation, a form of irregular heartbeat common among the elderly.

Rival drugs include Xarelto, from Bayer and Johnson & Johnson, and Eliquis, from Bristol-Myers Squibb and Pfizer.

Pradaxa is an anticoagulant. Anticoagulants effect the clotting time of the blood. Pradaxa is described as a prescription blood-thinning medicine used to reduce the risk of stroke and blood clots in people with atrial fibrillation not caused by a heart valve problem. With atrial fibrillation, part of the heart does not beat the way it should. This can cause blood clots to form, increasing your risk of a stroke. Pradaxa lowers the chance of blood clots forming in your body. There is a chnce of excessive bleeding on Pradaxa that can be fatal.

We can locate a Pradaxa lawyer to help you:

Silicone Breast Implant Claims Lawyers, Silicone Breast Implant Class Action

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Breast implant Class Action lawyers Helping women with Dow Corning, Mentor and other Silicone breast implant claims.

Silicone breast implants caused silicone toxicity and Immune deficiency diseases with symptoms of:

  • Muscle Pain -Upper arms, neck, chest, upper back, thighs, buttocks
  • Joint Pain -hands, feet, toes, elbows
  • Pressure headaches
  • Ringing in ears
  • Sun sensitivity & rash; face, neck & upper chest
  • Hives
  • Intermittent tingling in legs, feet, arms, fingers, right upper back, neck and face
  • Many urinary tract and yeast infections
  • Burning lips, mouth, tongue
  • Dry eyes, nose, mouth, and vagina
  • Nausea, heartburn, constipation, diarrhea
  • Insomnia
  • Anxiety

And:

  • Breast Pain
  • Upper and Lower Back Pain
  • dry eyes
  • joint pain and swelling
  • myalgias
  • chronic fatigue
  • Lupus
  • numbness and tingling in extremities
  • photosensitivity
  • Chemical Sensitivities
  • Muscle Pain, Stiffness, Unusual Fatigue
  • Excessive Hair Loss
  • Achy or Swollen Joints
  • Extreme fatigue
  • Skin Rashes
  • Rheumatoid Arthritis
  • Polymyositis-Dermatomyositis
  • Mixed Connective Tissue Disease
  • Scleroderma
  • Sjogren s syndrome
  • Anemia
  • Sensitivity to Sunlight
  • Kidney Problems
  • Fever
  • Difficulty Swallowing or Breathing

Women are still suffering today and settlements are still pending for the Silicone Breast Implant Clas Action. If you currently are registered fo r one of the breast implant settlement manufacturers and need help with your claim call 1 877 522-2123

Women Filing nationwide Vaginal mesh lawsuits, vaginal Mesh lawyers

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The vaginal mesh has been wrecking havoc on womens lives and the numbers are just starting to reveal themselves. Wome have stories about their vaginal mesh and are ready to file vaginal mesh lawsuits. one of the women below:

Texarkana woman files personal injury lawsuit over vaginal mesh implant
5/21/2012 10:22 PM By Michelle Keahey, East Texas Bureau

TEXARKANA After suffering several complications allegedly stemming from transvaginal mesh implantation, a Texarkana woman has filed a personal injury lawsuit against the medical device manufacturer.

Peggy Green filed suit against Boston Scientific Corp., doing business as Mansfield Scientific Inc. & Microvasive Inc. on May 14 in the Eastern District of Texas, Texarkana Division.

Due to stress urinary incontinence, Green was surgically implanted with the Uphold Vaginal Support System, manufactured by the defendant, on May 14, 2010.

After her surgery, she began to experience complications such as vaginal pressure and pain, vaginal bleeding and/or dyspareunia. She states that these complications are the result of the implanted medical device.

The defendant is accused of breach of warranty, negligence, and failure to warn.

The plaintiff is seeking an award of compensatory damages, punitive damages, exemplary damages, incidental damages, consequential damages, attorney s fees, and court costs.

Green is represented by Erin K. Copeland of Fibich, Hampton, Leebron, Briggs & Josephson in Houston. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

This is just one of many vaginal mesh lawsuits. If you have been injured and your life destroyed by a defective vaginal mesh do not delay. There are statue of limitation issues. contact our vaginal mesh free legal department today.

Breast Implant lawyers accepting Dow Corning Breast Implant Cases

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If you have filed and registered with Dow Corning regarding your Breast Implant Settlement Claim and need help you have found the right place. Dow Corning breast Implant lawyers are still helpling women with Dow Corning claims. To get help with your claim call 1 877 522-2123 today.

Breast Implant Information

Breast implants are medical devices implanted under breast tissue or under the chest muscle for the purpose of:

Reconstruction done in patients who have had a mastectomy to remove the breast when breast cancer is present
Augmentation, a cosmetic procedure to enlarge the breasts
Revision surgery, done when either reconstruction or augmentation surgery needs to be revised due to problems resulting from the original operation

There are two main types of breast implants:

Saline-filled implants
Silicone gel-filled implants

Various breast implants differ in profile, size, and texture of the shell surface.
Saline-Filled Breast Implants

Saline-filled breast implants are silicone shells into which saline is prefilled before surgery or filled with saline during surgery. They are approved for:

Reconstruction or revision reconstruction following breast cancer surgery for women of any age
Augmentation or revision surgery in a women 18 years old or older

These implants are made by Mentor and Allergan (formerly Inamed).
Silicone Gel-Filled Implants

Silicone gel-filled implants are silicone shells prefilled (before surgery) with silicone gel. They are approved for:

Reconstruction (both primary and revision) for women of any age
Augmentation (both primary and revision) for women 22 years of age and older

Implants are not done for women younger than 18 (saline) or 22 (silicone gel) because the breasts are still developing at a young age.
ALCL Cancer Detection

Anaplastic Large Cell Lymphoma (ALCL) is not breast cancer. It is not cancer found in breast tissue cells. Rather, in women diagnosed with ALCL near implants, it is cancer found in fluid that surrounds the implant or is contained within fibrous scar tissue (not breast cancer tissue) that often develops around a breast implant.

ALCL, according to the National Cancer Institute, is a rare malignant tumor (non-Hodgkin s Lymphoma) that can show up in several parts of the body, including:

Lymph nodes
Skin
Bones
Soft tissue
Lungs
Liver

It is a cancer of the cells of the immune system.
ALCL Cancer Detection Due to Breast Implants

Data are lacking to determine if there is a link between ALCL and breast implants. The U.S. Food and Drug Administration (FDA) conducted a review of the scientific literature published between January 1997 and May 2010. It found 34 women in the United States and 26 cases elsewhere to reach a total of 60 cases worldwide. This is out of hundreds of millions of breast implant patients.

The FDA, which is planning to conduct more studies, concluded:

"Based on all evidence available to us at this time, the FDA believes that women with breast implants may have a very low but increased risk of developing ALCL."

Breast Implants: Saline and Silicone Gel-Filled
Complications of Breast Implants

Many complications from breast implants are possible. The complications may affect women with either saline-filled or silicone gel-filled implants. Some might require surgical or nonsurgical treatments or removal of the implants.

The most common complications that occur locally in patients with breast implants are:

Contracture — Scar tissue normally forms around the breast implant. If this scar tissue contracts, it tightens around and squeezes the implant, possibly leading to discomfort and disfigurement.
Rupture and deflation — It is possible for the casing of the implant to rupture and for the material inside to leak out, leading to deflation of the implant.

Capsular contracture has been defined according to four grades of severity. They are:

Grade I — the breast is normally soft and looks natural
Grade II — the breast is a little firm but looks normal
Grade III — the breast is firm and looks abnormal
Grade IV — the breast is hard, painful, and looks abnormal

Among the many complications that can affect implants are:

Asymmetry (breasts are of different sizes or shapes)
Pain
Atrophy of the tissue
Calcium deposits
Chest wall deformity
Delayed healing of the surgical area
Extrusion of the material through the implant casing
Galactorrhea — milk flow
Granuloma — small area of inflammation
Bruising or redness
Infection, including toxic shock syndrome
Tissue death
Palpability or visibility of the implant
Scarring
Seroma or collection of fluid
Wrinkling or rippling

ALCL and Breast Implants

ALCL or anaplastic large cell lymphoma is an immune system cancer that is in the group of non-Hodgkin s lymphomas. It is a very rare disease in both women and men. In women, the National Cancer Institute ALCL statistics estimate that it occurs in about 1 in 500,000 women annually in the U.S. In women with breast implants, the occurrence is even more rare — 3 in 100 million.

ALCL is not breast cancer when it occurs in the breast. That is, the cancer cells are not in the breast tissue, but in cells between the breast tissue and the implant. The National Cancer Institute defines ALCL as a rare type of malignant tumor of the non-Hodgkin s lymphoma type. It can occur in different parts of the body including the lymph nodes, skin, bones, soft tissue, lungs or liver. Depending upon the type of ALCL, it is treated either with chemotherapy or radiation

Breast Implant and ALCL Statistics

Women who have breast augmentation (not reconstruction following a mastectomy) number in the hundreds of thousands in the United States.

Breast implant statistics gathered by the American Society of Plastic Surgery for 2009 include:
Breast augmentation procedures done in 2009 — 289,328
Breast augmentation done in 2000 — 212,500
Percent difference between 2000 and 2009 — 36 percent
2009 amount of money spent on breast augmentation surgery — $963,839,020

Breast augmentation by age:

13-19 years old — 8,199
20-29 years old — 86,525
30-39 years old — 103,738
40 years and older — 80,668

Breast Augmentation by U.S. Location in 2009

The number of breast implants done in 2009 in various locations around the country were:

Region 1 — New England and Middle Atlantic: 41,420 (14 percent of U.S.)
Region 2 — East North Central and West North Central: 47,476 (16 percent of U.S.)
Region 3 — South Atlantic: 45,166 (16 percent of U.S.)
Region 4 — East South Central and West South Central: 47,614 (16 percent of U.S.)
Region 5 — Mountain and Pacific107, 652 (37 percent of U.S.)

Women With Breast Implants Who Experience ALCL Symptoms

ALCL (anaplastic large cell lymphoma) is a rare type of non-Hodgkin s lymphoma, a cancer of the immune system. The number of women who get ALCL is about one in 500,000 each year in the United States. The number of women who have breast implants and get ALCL each year in the U.S. is about three in 100 million.
Signs and Symptoms of ALCL

The main symptoms of ALCL in women who have breast implants are persistent swelling and pain in the area near the implant. These symptoms often do not appear until long after the surgery to have the implant, often years later.

The way to diagnose ALCL in women who have symptoms is to do a biopsy of the fluid or scar tissue surrounding the implant. Both form during the healing process.

Because ALCL is very rare, it usually is found unexpectedly in women who have revision surgery for their implants. It is not known as yet which type of implants, saline-filled versus silicone gel-filled, are more likely to be associated with ALCL.

The U.S. Food and Drug Administration (FDA) is recommending that women with breast implants but no symptoms should in general keep their implants, because the number of cases of ALCL is so small. The agency recommends that healthcare professionals should:

Report any cases of ALCL to Medwatch, the FDA safety information and adverse event reporting program. Reports can be made online or by telephone at 1-800-332-1088
Consider a patient might have ALCL when she has late onset, persistent fluid around the implant, then have the fluid and scar tissue biopsied for disease

Women with implants should:

Continue their regular medical care
Monitor their breast implants and see their doctor if they have pain, swelling, or any changes around the implants
Understand that ALCL is very rare and is not breast cancer, but a cancer that grows between the implant and the breast tissue

Breast Implants and ALCL Lawsuits

Have you had a breast implant — either saline or silicone gel-filled — and then been diagnosed with anaplastic large cell lymphoma (ALCL)? If so, you should contact a breast implant lawyer to find out what your legal options are.
Contact an ALCL Breast Implant Lawyer

A qualified lawyer can discuss your individual situation to determine if you have legitimate grounds for a lawsuit. At this time, it is unclear if there is a link between ALCL and breast implants. The numbers of women who get this rare cancer are too small to make a determination. But, it is possible there is a link.

It is in your best interest to contact a lawyer to discuss your options.
What Types of Implants Are There?

There are two types of breast implants, depending upon what they are filled with. The two kinds of implants are:

Saline-filled
Silicone-gel filled

It still is unknown if one type or the other has a stronger association with ALCL. The U.S. Food and Drug Administration (FDA) is establishing a registry to keep track of cases of ALCL in women with breast implants to gather enough data to determine if there is a relationship between the rare cancer and breast implants.
What is ALCL?

ALCL is a rare type of non-Hodgkin s lymphoma, a cancer of the immune system. According to National Cancer Institute ALCL statistics, about one woman in 500,000 is diagnosed per year with ALCL. The number of women diagnosed with ALCL in the U.S. each year who have breast implants is three women per 100 million women.

The National Cancer Institute defines ALCL as a rare malignant tumor of the non-Hodgkin s lymphoma type) that can appear in a number of places in the body. These include:

Lymph nodes
Skin
Bones
Soft tissue
Lungs
Liver

The primary symptoms of ALCL in women with breast implants are pain or swelling near the breast implant. These symptoms often occur long after the surgical implant operation has occurred, frequently years later.
Is ALCL Breast Cancer?

It is important to know that ACLC in women with breast implants is not breast cancer. That is, it is not cancer of the breast tissue, but cancer that appears between the implant and breast tissue in liquid that has accumulated around the implant or in scar tissue that has formed around it.

Breast Implants and Anaplastic Large Cell Lymphoma (ALCL)

The U.S. Food and Drug Administration (FDA) has reported a possible link between breast implants and anaplastic large cell lymphoma (ALCL). If you have breast implants and develop ALCL, contact us for legal help. We may be able to help you collect financial compensation.
What is ALCL (Anaplastic Large Cell Lymphoma)?

ALCL is a type of non-Hodgkin s lymphoma (NHL). It is a cancer of the immune system. ALCL is a rare disease that comes in two forms:

ALCL that affects the lymph nodes and organs
Cutaneous (skin) ALCL

The primary systemic type of ALCL affects children and adults, but it is relatively rare in adults. ALCL occurs in only two to three percent of adults diagnosed with NHL every year. ALCL in children, however, occurs in ten to thirty percent of all childhood NHL.
Breast Implant ALCL Symptoms

In the primary systemic type, the first symptom most patients experience is enlarged lymph nodes. On rare occasions, the disease occurs in the intestines and bones without affecting the lymph nodes. The disease is diagnosed by taking a biopsy from the affected lymph node or organ. After the diagnosis is confirmed, the pathologist tests for the stage of the disease.

In patients with ALCL of the cutaneous type, the disease mainly involves the skin. This is a relatively rare condition that affects mostly older adults. The first symptoms patients will notice are swellings or sores on the skin. A skin biopsy confirms the diagnosis.

Depending upon the type and location of the ALCL, treatment may be chemotherapy or radiation therapy. Some cases of ALCL of the skin may disappear on its own.
Anaplastic Large Cell Lymphoma and Breast Implants

ALCL has been found to occur in a few rare instances in patients who have breast implants. The diseased cells are adjacent to but not in the breast tissue. Therefore, this is not a form of breast cancer. The occurrence of ALCL is three in approximately 100 million women.

At present the numbers are too small to say that the breast implants causes ALCL, but the U.S. Food and Drug Administration is establishing a registry to begin to track the occurrence of the disease in women with breast implants so that data can be accumulated to enable a better understanding of the relationship between the disease and breast implants

Dow Settlement claims Update, Dow Settlement Lawyers

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If you have filed a Dow Corning Breast Implant Claim and need help with your settlement call 1 877 522 2123 and speak to a Dow settlement lawyer. Below are the latest updated regarding the Dow Settlement Claims for 2o12 and 2014. Let our Dow Corning lawyer Help you.

April 2012 Updates Dow Settlement

The SF-DCT has moved, and their new address effective April 3, 2012 is:

SF-DCT
3200 SW Freeway, Ste. 1500
Houston, TX 77027

Their telephone number remains the same: 1-866-874-6099.
Their P.O. Box also remains the same: P.O. Box 52429, Houston, TX 77052

Regarding Premium Payments: the matter of if and when the SF-DCT issues premium payments is now under consideration by the Court. We do not know when the Court will issue a ruling. As soon as an order is entered, we will post it on our website and contact any potentially eligible LCHB clients.

Regarding Class 7 Payments: Because some unreviewed Class 7 claims were found during an audit at the SF-DCT, the SF-DCT cannot issue any Class 7 payments until those unreviewed claims are processed and given the one year time period within which to cure deficiencies. As of this date, the SF-DCT cannot predict the exact date when Class 7 payments are going to be made, but it will probably be at least another year before they can issue payments.

REMINDER ABOUT THE EXPLANT DEADLINE: The final deadline to submit an Explant Claim to the SF-DCT is June 2, 2014 . Please remember that you must have acceptable Proof of Manufacturer before you can be considered for the Explant benefit. The Explant benefit is $5,000.00 (five thousand dollars), and in order to qualify for this benefit, you must have your Dow Corning implants removed and not replaced with silicone.

Please keep in mind that it can sometimes take six months or longer to schedule an explant surgery and to obtain the necessary medical records from your surgeon or hospital. Therefore, if you want to apply for this benefit, you should keep this deadline date in mind, and not wait too long to discuss your potential explant surgery with your doctor.

Dow Corning Breast Implant Lawyer Accepting Cases Now

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If you have received a deficiency notice, Dow Corning settlement or letter of rejection from a Dow Corning Breast Implant lawyer contact our Dow Corning Brest Implant Hotline immediately for a Breast Implant Lawyer ready to take your case.

Dow Corning Breast Implant Lawyers can Help You if:

Are you having problems that might be related to your breast implants? And have filed a claim or registered with Dow Corning.

YOU MUST BE REGISTERED OR HAVE FILED A DOW CORNING BREAST IMPLANT CLAIM

Capsular Contracture:

Almost every woman with breast implants has scar tissue surrounding her implants. This scar capsule doesn’t show it’s inside her breast, and is her body’s natural way of protecting her from a foreign object. Sometimes, however, that capsule is too tight for the implant. Capsular contracture is when the capsule is too tight and feels like it is squeezing the implant.

• It can happen silicone gel breast implants
• It can be slightly uncomfortable or very painful
• It can change the shape of your breast, or make it look round and unnatural
• You may need surgery to fix it
• Once it is surgically fixed, it is likely to happen again
Symptoms such as: Could mean:
pain in the breast
breasts look different from each other
breast feels firm or very hard
breasts look like round balls Capsular Contracture

This condition will not usually get better by itself. If it is very painful or hard, it will require surgery to remove the scar tissue capsule and perhaps the implant. Some of your own breast tissue might get mixed in with the capsule, and you might lose some of your natural breast. Many insurance companies will pay to have your implant removed if a woman has Baker Grade III or IV contracture, which are the most severe types, because when implants are that hard they are especially likely to interfere with mammography and the detection of breast cancer.

Ruptured Dow Corning Silicone Breast Implants

The implant is covered with a silicone envelope, which can tear or break. A rupture can be caused by a defect in the implant, daily stresses on the implant, an accident or other trauma, an accidental cut during implant surgery or biopsy, or the aging of the implant.

The older implants are, the more likely they are to break or leak. Although implants can rupture at any time, the FDA found that most rupture by the time they are 10 years old.

Aside from surgery, the best way to confirm a rupture is with an MRI, or perhaps an ultrasound. These methods require a trained eye to see a leak or rupture. A mammogram is not accurate enough to find a rupture or leak.

Most insurance companies will not pay to have a ruptured implant removed, especially if the implants were for augmentation. Reconstruction patients have an easier time obtaining insurance coverage for removal of implants, but will need to prove the implant is ruptured, with an MRI or other test.

Most experts agree that ruptured implants should be removed as soon as possible, especially if it is a silicone gel implant. Silicone gel can leak from the implant into healthy breast tissue and go other parts of your body, such as the lungs and lymph nodes, where it could be impossible to remove.

Some women with leaking silicone breast implants have had to have all their own breast tissue removed because the silicone moved throughout their breast. The result is a mastectomy, not because of cancer but because of silicone.

Many doctors believe that silicone is harmless, and may tell women with ruptured implants that they do not need to have them removed. However, it has been conclusively proven that silicone gel from a broken implant can leak out and cause permanent damage to healthy breast tissue or skin. In addition, the FDA found that women with leaking silicone implants are more likely to report several serious, debilitating illnesses, compared to women whose implants have not broken.

Infection: As with any surgery, infections can happen. Most infections appear shortly after surgery, within a few days or weeks. The most serious infections can cause toxic shock syndrome and can be fatal or result in gangrene. If the infection is very serious, the implant will need to be removed to treat it, and can be replaced after the infection has cleared up.

Disease Status Claims and Serious Illness

Everyone agrees that implants can cause local complications, such as those listed above. There is much more controversy about whether it can cause diseases or disorders. Some women can have implants for many years and never have any problems, but as the years go by, many women with implants become seriously ill. Common symptoms include joint pain or stiffness, memory problems, trouble concentrating, fatigue, flu-like symptoms that don’t go away, or pain throughout the body (fibromyalgia). Auto-immune diseases such as rheumatoid arthritis, lupus, and scleroderma are also problems among women with implants. Are these symptoms caused by implants, are women who are susceptible to these illnesses more likely to get them if they have breast implants, or would these women have become ill even if they didn’t have implants?

Dow Corning Breast Implant Complications ( Remember you must have filed a claim with dow crning or be registered to be able to file a Dow Corning Breast Implant Disease Claim )

  • silicone toxicity diseases
  • Dry mouth
  • Dry eyes
  • Persistent cough
  • Sjogren’s syndrome
  • Joint discomfort
  • Pain
  • Stiffness
  • Swelling
  • Saline implant rupture
  • Chronic fatigue Chronic fatigue syndrome
  • Difficulty swallowing or breathing Esophogeal immotility
  • Memory impairment Neurological impairment
  • Muscle weakness
  • walking problems, tremor, muscle spasm
  • Slowed ability to think, poor memory
  • MS – Multiple Sclerosis*
  • Muscle pain
  • Stiffness, unusual fatigue
  • Fibromyalgia
  • Strong allergic reactions
  • Chemical sensitivity
  • White or blue fingers and/or toes in the cold
  • Raynaud’s syndrome
  • Excessive hair loss
  • An autoimmune response
  • Hardening of skin Scleroderma
  • Achy or swollen joints
  • Extreme fatigue
  • Skin rashes
  • Anemia
  • Sensitivity to sunlight
  • Kidney involvement
  • Lupus

If you have received a notice of rejection or deficiency notice contact us immediately at the Dow Corning Silicone Breast Implant Hotline

What is a Qui Tam, Qui Tam WhistleBlower Lawyers

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QUI TAM, Whistleblower cases: Qui Tam Lawyers accepting Qui Tam Whistleblower Cases
Qui Tam :In Qui Tam litigation a private citizen (the whistle blower) who knows of fraud committed against the government may, through his own privately retained lawyers, file a law suit to recover the losses caused by the government fraud. The False Claims Act provides huge financial incentives to citizen whistle blowers to retain attorneys and come forward, prosecute these lawsuits and fight government fraud.
I. HISTORY OF QUI TAM, whisleblower PROVISIONS:
Qui Tam laws have existed for hundreds of years, with roots in England in the middle ages. In qui tam provisions the government gives private citizens the right and the financial incentive to retain a private lawyer to file a lawsuit to act in the place of law enforcement.
The Continental Congress in the early days of government in the United States enacted a number of qui tam provisions. Benjamin Franklin has been quoted as saying: “There is no kind of dishonesty into which otherwise good people more easily and frequently fall than that of defrauding the government.” Abraham Lincoln, himself a lawyer in private practice before ascending to the Presidency, was responsible for enactment of the 1863 False Claims Act, which was necessary to protect the government from the fraudulent suppliers of faulty war equipment during the Civil War. He stated: “Worse than traitors in arms are the men who pretend loyalty to the flag, feast and fatten on the misfortunes of the nation while patriotic blood is crimsoning the plains of the south and their countrymen are moldering in the dust.” Although a significant narrowing of the provisions of the False Claims Act took place in 1943, the law was revitalized by Congress in 1986, with a significant expansion of the scope of the law and renewed attention to the federal whistle-blower and his or her attorney as a key to enforcement.
II. QUI TAM, whistleblower CLAIMS TODAY:
It has been estimated that almost 10% of the United States annual budget is paid to companies or persons who are defrauding the government. Some of them overcharge the government for products sold to the government. Others submit vouchers billing the government for services which they never provided or over billing for services provided. And still others engage in government contract fraud, defense contractor fraud, Medicare fraud, Medicaid fraud, or other public benefit fraud. The False Claims Act covers a wide variety of situations in addition to overcharging or billing for property or services not delivered. Virtually any situation in which the government has been cheated should be closely scrutinized by experienced Qui Tam lawyers to determine whether it is covered under the False Claims Act. The following are situations in addition to those mentioned above which would be covered under the False Claims Act and for which lawsuits could be brought:
• preparing a false record or statement or bill in order to get a false or fraudulent claim paid by the government.
• conspiring with anyone else to have a false or fraudulent claim paid by the government.
• holding property of the government intending to defraud the government or intending to conceal it from the government.
• creating or delivering a false or fraudulent receipt to the government for its property.
• fraudulently buying property of the government from someone who is not authorized to sell that property for the government.
• making a false statement to fraudulently avoid paying a debt to the government or to avoid delivering property to the government.
• causing someone else to submit a false or fraudulent claim.
To combat fraud committed against the government, Congress passed the False Claims Act, which, as noted above, was amended and significantly strengthened in 1986. Between 1987 and 1995 lawyers filed over a thousand qui tam lawsuits. For the period 1988 to 1995 alone, over a billion dollars was recovered by private Qui Tam lawyers in settlements or verdicts in hundreds of cases (law suits) filed on behalf of the United States government, with whistle blowers who retained their own lawyers to file suit receiving more than $100 million of the recovered funds. An additional $752 million was recovered in the years 1996 and 1997 alone. According to an annual report of the Department of Justice, almost $1.2 billion was recovered in whistle blower claims and law suits filed by private citizens through their own lawyers under the Federal False Claims Act for the fiscal year October 1, 2000 to September 30, 2001, with more than $210 million of those funds being awarded to the federal whistle blowers themselves. The amount is growing. It is estimated that in the year 2005 $3.1 billion was collected from businesses defrauding the federal government.
The amendments make the definition of fraud broad enough to include submitting claims with deliberate ignorance or reckless disregard for the truth of statements made in the claim for US government spending or funds upon which the fraud claim is based. The burden of proof that must be met by the whistle blower’s lawyer or the government’s lawyer in a Qui Tam suit is the “preponderance of the evidence” standard, i.e., that the evidence presented by the attorneys is more likely true than not. This is the same burden of proof that ordinarily must be met by the attorney in most civil damage cases, rather than more onerous standards, such as that which must be met by a prosecutor in criminal cases of proof “beyond a reasonable doubt.” The 1986 amendments included provisions for requiring the party defrauding the government to pay the successful whistle blower’s attorney fees and in some settlements that may mean that the whistle blower never incurs an attorneys fee. In addition, provisions were included for protecting the federal whistle-blower from retaliatory actions by his/her employer.
III.Qui Tam, Whistleblower PROCEDURE AND RECOVERY:
This law was designed to encourage private citizens to help fight government fraud by acting as a whistle blower. That is, a person who knows of fraud against the government may retain a lawyer and file a court case (lawsuit) under seal (meaning that it is kept secret during this initial phase) in a United States District Court against the company or person committing the fraud against the government. After the case is filed, the United States attorney investigates the lawsuit and allegations of fraud for sixty days. If the U.S. Attorney believes the fraud lawsuit is meritorious, the United States Government takes over the case and either enters into a settlement or pursues the lawsuit against the wrongdoer. The whistle blower still retains his/her right to a portion of the proceeds in the Qui Tam fraud lawsuit resulting in a successful settlement or recovery, even though the government has taken over the legal case. The government intervenes in approximately 25% to 33% of the cases. If the government does not intervene, the federal whistle blower, through the lawyers he or she has retained, may settle or pursue the lawsuit on his/her own. If the lawyers are successful in proving fraud against the government, the law requires the wrongdoer to pay substantial penalties, which can be assessed to up to 3 times the amount that the wrongdoer fraudulently stole from the government and, in reality, from the taxpayers. In addition, a mandatory civil penalty of between $5,000.00 and $10,000.00 per false claim will be imposed. Out of damages imposed, the private citizen whistle blower (also called a relator) can receive between 10% and 30% of the lawsuit recovery. Some relators have been paid millions of dollars. These cases are often highly technical and complex. Before filing, they must be properly investigated and assembled, which demands that you obtain competent attorneys experienced in handling Qui Tam fraud cases.