Xarelto Makers Ordered to Pay $28 Million Over Failure to Warn
A Philadelphia jury awarded the first Plaintiff’s verdict against the manufacturers of the popular blood thinner Xarelto. Commonly advertised on TV, Xarelto has unfortunately been known to cause excess internal bleeding in some patients. This has resulted in some clients suffering severe, life-impacting injuries (including death in some instances). Plaintiffs have alleged the Defendants knew or should have known about such dangers, but failed to warn consumers. Although not representing the clients in this trial, Jacobs & Crumplar and D’Onofrio Firm LLC are currently representing several other clients in Xarelto cases pending in the Philadelphia Court of Common Pleas.
The jury’s verdict is important, not only for the compensation it provides these worthy clients and the message it sends to the defendants, but it is also the first Plaintiff victory in a Xarelto case anywhere in the country (the previous three jury trials were defense verdicts). If you or someone you know has suffered from taking Xarelto, please contact Jacobs & Crumplar as strict statute of limitations governs such possible claims.
Call the Wilmington Xarelto lawyers at Jacobs & Crumplar, P.A. at 302-646-5445 or 800-355-1818 today to schedule a free review of your case or contact us online. Our experienced medical product liability lawyers represent clients in Wilmington, Georgetown, and Dover, as well as those throughout the state of Delaware,
Changes to Title IX Guidance
Victims’ rights groups and others have denounced changes made to the handling of sexual conduct claims on college and university campuses under Title IX, a federal law that prohibits discrimination in education. However, Education Secretary Betsy DeVos believes that the interim rule will strike a more appropriate balance between those accused of sexual misdeeds and their accusers. The decision came less than two weeks after DeVos said that she would begin a new rule-making procedure to determine how to best guide colleges and universities in handling sexual misconduct claims.
The interim rule replaces guidance issued in 2011 by then-President Barack Obama’s administration, which reminded educators of their responsibility to investigate and respond to allegations of sexual misconduct under Title IX. Although certain victims’ rights groups believed the guidance helped victims to come forward, critics believe it created a system in which the accused were often punished without legal due process.
As the guidance was rescinded, the Department of Education issued an email that criticized the earlier document and a question-and-answer sheet that was circulated in 2014, which explained how to implement it. The email stated that the documents “ignored notice and comment requirements, created a system that lacked basic elements of due process, and failed to ensure fundamental fairness.”
A new Question-and-Answer sheet includes the following information:
- It allows colleges and universities to decide whether to continue using the lesser “preponderance of evidence” standard when deciding claims
- It permits colleges and universities to move to a tougher “’clear and convincing evidence” standard if they deem it appropriate
- It clarifies that schools must still “take steps to understand what occurred and to respond appropriately,” but that they must do so “in a manner that respects the legal rights of students and faculty, including those court precedents interpreting the concept of free speech”
- It states that institutions may restrict contact between the parties, impose leaves of absence, change housing or class schedules, or take other appropriate measures, but they must not rely on “fixed rules”
- It explains that interim measures must be “individualized and appropriate based on the information gathered by the (school’s) Title IX coordinator”
The new policy, which may be replaced if the Education Department settles on a final rule in the months ahead, places the burden on the school to gather sufficient evidence to reach a fair and impartial determination. It also requires that both the accuser and the accused are afforded written notice and other legal rights. Ms. DeVos stated that “Schools must continue to confront these horrific crimes head on. There will be no more sweeping them under the rug. But the process must also be fair and impartial.”
Delaware Sexual Abuse Lawyers at Jacobs & Crumplar, P.A. Pursue Title IX Claims for Victims of Sexual Misconduct
If you have been the victim of sexual abuse, you need a tough advocate. Contact the law offices of Jacobs & Crumplar, P.A. at 302-656-5445 to schedule a confidential consultation with a dedicated and highly skilled Wilmington sexual abuse lawyer, or you can contact us online. We will provide the compassionate guidance you need to secure the justice you deserve. From our offices in Wilmington and Georgetown, we represent clients throughout Delaware.
Delaware Correction Officer’s Request Ignored Before Fatal Prison Siege
A recently released 159-page report suggests that had a lieutenant’s request to move inmates at the James T. Vaughn Correctional Center’s (JTVCC) been acted upon, he might still be alive today. On February 1, 2017, inmates in Building C took 126 people hostage in a siege that lasted 18 hours and left the lieutenant fatally injured. An independent review of the incident was commissioned by Delaware Governor John Carney. The report details years of staffing and security issues which ultimately erupted in the deadly prison revolt.
Hostage Takeover in Building C
In January, 2017, the victim, a correctional officer at JTVCC in Smyrna, Delaware, asked prison administrators to move certain inmates out of Building C. The building had a history of tension between gang members, overworked staff, inconsistent discipline procedures, and allegations of mistreatment of inmates. The facility was brimming with tension that the now-slain officer asked officials to address. The Carney report confirmed the problems in Building C.
The lieutenant’s request was ignored and less than two weeks later, disaster occurred. JTVCC inmates took 126 people hostage, including the lieutenant, who was tortured and locked in a closet throughout the ordeal. After eighteen hours of negotiation, a prison Response Team stormed the building to find the officer unresponsive. Tragically, the 47 year-old husband and father was later pronounced dead.
Vaughn’s History of Problems
Considered one of Delaware’s toughest prisons, many JTVCC inmates and employees say the siege was inevitable. Carney’s report details several issues plaguing the prison, all which went ignored in the years leading up to the officer’s death. Employees report being underpaid and overworked. In 2017, 40 percent of staffing hours were overtime. Some correctional officers reported working 16-hour shifts. At times, inmates outnumbered officers 75 to 1. They also mention a lack of consistent security procedures, leaving many prisoners armed and officers vulnerable.
Inmates claim they were neglected and abused, with no programs or activities for improvement. They cite a lack of any rehabilitative opportunities designed to prepare them for healthy and productive lives outside of prison. Inmates say their requests for access to medical care and education were consistently denied. Inmates staged several peaceful protests before the siege, with no results.
The Fight for Justice
Wilmington civil rights lawyer, Thomas C. Crumplar, is part of a team representing the family of the slain officer and several JTVCC employees in a federal civil lawsuit. The suit alleges that two former Delaware governors and several cabinet officials ignored the lengthy history of problems at the prison.
The suit also alleges that Governor Carney stopped a potential rescue attempt and waited too long to send law enforcement into the building. Crumplar says the siege victims were, “involved in protecting us and they were not given the tools.” Governor Carney has vowed to make changes addressing the problems found in the report. His recent budget proposal called for more correctional officers and higher salaries for prison workers. By seeking justice for the family of the victim and his coworkers at the James T. Vaughn Correctional Center, Mr. Crumplar hopes for changes in Delaware prison system that will ensure the rights and safety of both workers and inmates.
Wilmington Personal Injury Lawyers at Jacobs & Crumplar, P.A. Pursue Justice and Compensation in Wrongful Death Cases
Wilmington personal injury lawyers at Jacobs & Crumplar, P.A. are committed to helping those who have been injured or suffered the wrongful death of a loved one because of someone else’s negligence. To discuss your case with a Wilmington personal injury lawyer, call 302-656-5445 today to schedule a free consultation or contact us online. Our two conveniently located offices serve clients in upstate and downstate Delaware, including those in Dover, Georgetown, and Wilmington, Delaware.
Understanding Your Risk of Mesothelioma
Mesothelioma is a vicious type of cancer that most commonly attacks the membrane lining of the lungs, but it can also affect the heart and other areas of the body. Currently, there is no cure for mesothelioma. The people most at risk for developing mesothelioma are those who work in industries that use the building material asbestos. Eighty percent of all mesothelioma cases can be directly linked to asbestos exposure. Commonly affected professions include construction workers, plumbers, asbestos miners, military personnel, ship builders, and car mechanics.
Some people are exposed to asbestos through their environment when asbestos laced products breakdown in buildings. When asbestos is present in the environment and inhaled, the fine particles lodge in the lining of the lungs and settle there. Statistically, between two and 10 percent of people who are exposed to asbestos at some point develop mesothelioma in their lungs later in life.
A secondary risk factor for developing mesothelioma is smoking. Although smoking is not a direct causal factor, smokers who are exposed to asbestos have double the risk of mesothelioma and increased risk of asbestos lung cancer by as much as 50 to 90 percent. It is possible that smoking creates the conditions that make it easier for asbestos to become embedded in the lung lining, leading to inflammation. Other secondary less common causes of mesothelioma are polio vaccines, radiation from X-rays, and exposure to zeolites, simian virus 40 (SV 40) and erionite.
Asbestos was Commonplace
Between 1940 and 1978, asbestos was widely in use in many different forms, though after the toxic nature of asbestos was discovered, it was banned for general use. According to the National Institute of Health (NIH), it is possible that as many as 11 million people have been exposed to asbestos. Even now in the United States people are still being exposed, putting them at risk of developing mesothelioma.
Mesothelioma takes many years to show up in the body – symptoms may first appear as many as 20 to 50 years after exposure occurs. There are four different types of mesothelioma, and pleural mesothelioma, which affects the lungs, is the most common type. Between 70 and 90 percent of all mesothelioma cases are pleural. Between 10 and 30 percent of cases are stomach or peritoneal mesothelioma. Cases affecting the heart, known as pericardial mesothelioma, comprise approximately one percent of all cases. Testicular mesothelioma is very rare and accounts for less than one percent of cases.
Because of the direct link between asbestos and mesothelioma, experts advise that there is no level of asbestos exposure that is considered safe and acceptable.
Delaware Mesothelioma Lawyers at Jacobs & Crumplar, P.A. Fight for Victims of Asbestos Exposure
If you or someone you love has developed mesothelioma after asbestos exposure in the workplace, we can help. The Delaware mesothelioma lawyers at Jacobs & Crumplar, P.A. have a proven track record helping workers suffering from mesothelioma and other asbestos-related diseases. Call us today at 302-656-5445 to schedule a free consultation about your case, or contact us online. From our offices in Wilmington and Georgetown, we serve clients throughout upstate and downstate Delaware.
Correctional Officers File Suit Over Prison Uprising
Today Jacobs & Crumplar and The Neuberger Firm, on behalf of the estate and four survivors of a deceased correctional officer, as well as five fellow officer hostages, who survived torture, death threats and beatings in the inmate uprising in the Delaware prison system on February 1st and 2nd, filed a federal lawsuit against former Governors Jack Markell, Ruth Ann Minner, and others, seeking compensatory and punitive damages and a jury trial. After an exhaustive investigation, the Complaint charges that for 16 years it was the policy of these two Governors not to employ enough officers to safely run Delaware prisons. Instead, they spent up to $23 million a year forcing understaffed officers to work 16 hour overtime shifts, to save money at the expense of risking human lives at the hands of violent criminals, as reported by The News Journal at the attached link.
Defendants Remove McDole Case To Federal Court
See the story published in The News Journal regarding the removal of the McDole case to Federal Court below
Children are the Victims, Not the Pedophiles Who Abused Them
Margo Kaplan’s article recent NY Times article is an interesting, but somewhat disturbing, read. She makes the point that being a pedophile is different than acting upon it.
The author claims “Without legal protection, a pedophile cannot risk seeking treatment or disclosing his status to anyone for support. He could lose his job, and future job prospects, if he is seen at a group-therapy session, asks for a reasonable accommodation to take medication or see a psychiatrist, or requests a limit in his interaction with children.”
This is wrong and disturbing on a number of levels. First, consultation with a doctor/psychologist/psychiatrist and/or lawyer is confidential and the pedophile’s identity cannot be disclosed. So the pedophile does have legal protection to allow him to seek treatment and disclose his status.
Second, he can take medication or see a psychiatrist on his own time. Third, his job duties should never include “interaction with children” at all.
The article blames society, in part, for pedophiles acting out. If a pedophile chooses to act out, he has no one to blame but himself. Childhood sexual abuse is a scourge on our country – the headlines continue day after day despite increased criminal and civil penalties.
We should always err on the side of protecting vulnerable, innocent children from pedophiles.
Still Covering Up Abuse After All These Years
News out of Minnesota demonstrates that the hierarchy of the Catholic church is not only still in denial about abuse of children by clergy, but is still covering it up.
An aAalysis of the 1964 Civil Rights Movement.
Jordan Perry, an attorney with Jacobs and Crumplar, recently co-authored a column with Dr. Leland Ware, the Louis L. Redding of Law and Public Policy at the University of Delaware on the 1964 Civil Rights Act. Jordan is also President of the Delaware Barristers Association. Link on the link below to read Jordan’s column.
Teacher Resigns Amid Allegations of Sex Abuse – Then Lands Another Teaching Job
As reported in The Philadelphia Inquirer, May 20, 2014, a Delaware County school teacher named Edgar Friedrichs was allowed to quietly resign when he was alleged to have molested and raped his students. He received a fair recommendation from his school, Interboro School District, which did not advise that he had resigned because of allegations of sexual abuse or mention anything regarding the sexual abuse claims. Using that recommendation, he landed another teaching job in Fayette County, West Virginia, eventually becoming the principal of an elementary school. In 1997 a 12 year old boy was found dead in Friedrichs’ cabin during a fishing trip. Ultimately he was convicted of this young boy’s murder as well as the sexual abuse of two of his other students in West Virginia.
Jacobs & Crumplar recently filed suit on behalf of a student victim of sexual abuse, against Smyrna School District and Donovan Garvin, the victim’s former teacher. Garvin was arrested and charged with ten counts of first degree sexual abuse of a child by a person of trust and one count of sexual solicitation of a child under the age of 18 to engage in a prohibited act. Garvin pled guilty to sexual abuse by a person in a position of trust or authority, first degree, in the Superior Court for the State of Delaware in and for Kent County. During Garvin’s sentencing on August 28, 2013 the deputy attorney general informed the Court that Garvin was let go by other school districts for other allegations of inappropriate sexual contact with students.
We have to ensure that teachers who sexually abuse students are not allowed to simply escape to a new location and continue abusing students. We support even stronger laws regarding background and reference checks for teachers. It is usually the administrators who do reference checks and they need to do a better job!