A Win In The Nebraska Court Of Appeals For Patrick Driver

By: Jeffrey Lapin

Congratulations to Patrick Driver of Lapin Law Offices for getting a win in the Nebraska Court of Appeals this week. Patrick took over the case after it was abandoned by another attorney during the appeal. He had to spend a considerable amount of time not only doing the research and writing the brief but reading the trial transcript as well.

The case was Glenhaven Village, Inc. v. Kortmeyer (Case No. A-12-288). The main issue for the Court of Appeals to decide was whether the trial court erred in determining the value of monthly service fees in an implied contract. The case involved a mobile home park owner and a renter, who Patrick represented. The owner attempted to charge the client the full amount it was charging other renters even though the client was only using the mobile home park’s utilities and was not renting an actual mobile home.

Patrick was able to get the finding in favor of a lower amount affirmed with the Court of Appeals, which actually utilized some passages in its opinion. While the case was partially remanded and reversed it was only for the trial court to recalculated the number of months that the renter actually owed money. Unfortunately, the Court of Appeals chose not to publish the opinion but a notation was made in Decisions of the Nebraska Court of Appeals – Cases Disposed Of By Memorandum Opinion

Nebraska Court of Appeals Decision: Glenhaven Village, Inc. v. Kortmeyer
It was a substantial win for Patrick’s client.

Great job Patrick.

ABOUT PATRICK DRIVER

Patrick Driver of Lapin Law Offices

Patrick Driver has been an attorney at Lapin Law Offices since April of 2011. He primarily represents injured and abused clients. He does not limit his practice to cases involving physical injuries, he also handles cases involving financial injuries. Learn more about Patrick on Lapin Law Offices website: Patrick Driver.


ABOUT LAPIN LAW OFFICES

Lapin Law Offices represents injured, abused and disabled clients in Lincoln and throughout Nebraska. If you have been injured, abused by a debt collector, denied Social Security Disability benefit or have any type of case we handle please call us at 402-421-8033 anytime (24/7) or submit your information or question online: Contact Us. We offer a free initial consultation and do not collect a fee unless we get money for you.

via Blogger http://lapinlawoffices.blogspot.com/2013/04/win-nebraska-court-of-appeals-for-patrick-driver.html

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FDA: Recalls and OxyContin | April 1 – 17, 2013

By: Jeffrey Lapin

The U.S. Food and Drug Administration (FDA) has announced several recalls and took actions regarding OxyContin for the period of April 1 through April 17, 2013. Consumers should make sure they are not using any of the recalled products. In addition, OxyContin users should be aware of these latest actions including banning the use and sale of generic OxyContin.


The FDA is an agency within the U.S. Department of Health and Human Services whose job is to protect the public by assuring the “safety, effectiveness, and security” of many items, including food, drugs, supplemental and medications. 

Recalled Products from the FDA


Here is a list of  FDA announced recalls for the period of April 1 to April 17, 2013 (organized by: Date | Brand Name | Product Description | Reason/ Problem | Company):

  • 4/01/2013 | ROCK-IT-MAN | Male sexual enhancement capsules | Product contains hydroxythiohomosildenafil, an analogue of sildenafil | Consumer Concepts, Inc. 
  • 4/03/2013 | Bravo! | Chicken Balance, Chicken Blend and Beef Blend Burgers | Raw Frozen Food Diet for Dogs and Cats | Potential to be contaminated with Salmonella | Bravo! 
  • 4/4/2013 | Little Mermaid Smoke House | Smoked Herring and Pickled Herring fish | Products were found to be uneviscerated, and have the potential to be contaminated with Clostridium botulinum | Little Mermaid Smoke House 
  • 4/4/2013 | Farm Rich, Market Day, Schwan’s | Mozzarella bites, quesadillas, pizza slices and more | Escherichia coli O121 | Rich Products Corporation 
  • 4/4/2013 | Centerville Pie | Clam Pies | Undeclared fish (anchovies) | Centerville Pie Company 
  • 4/05/2013 | Green Valley Drugs | Sterile, compounded products | Lack of sterility assurance and concerns associated with the quality control processes | Green Valley Drugs 
  • 4/10/2013 | Affirm XL | Dietary supplement | Contain an analogue of sildenafil | Affirm XL 
  • 4/10/2013 | Stryker Corporation | ShapeMatch Cutting Guides | Due to the potential that ShapeMatch Cutting Guides may not have been manufactured in accordance with surgeon preoperative planning parameters or may have been manufactured outside of the planning ranges specified in the 510(k) clearance | Stryker Corporation 
  • 4/12/2013 | Chappaqua Crunch | Simply Granola with Flax and Fruit (Gluten Free) | Undeclared Almonds | Wild Blue Yonder Foods 
  • 4/12/2013 | Winn Dixie | Apple Juice | May contain elevated levels of patulin. | Winn Dixie 
  • 4/15/2013 | NuVision Pharmacy | Lyophilized compounds HcG 5000IU-5ml and Sermorelin/GHRH6-5ml | Lack of sterility assurance NuVision Pharmacy 
  • 4/15/2013 | ApothéCure | Sterile drug products | Lack of sterility assurance | ApothéCure Inc. 
  • 4/15/2013 | O Organics | Enchiladas | Undeclared milk | Cedarlane Natural Foods, Inc. 
  • 4/16/2013 | Wegmans | Roasted Red Pepper Dip | Undeclared Eggs and Milk | Wegmans Food Markets 
  • 4/17/2013 | Latis | Herring and Salmon | Listeria monocytogenes | Prime Food USA

Source and for more information: Recalls, Market Withdrawals, & Safety Alerts (as of April 18, 2013)
OxyContin name and chemical formula
OxyContin is a prescription narcotic pain reliever manufactured by Purdue Pharma L.P., with the active ingredient of oxycodone, a derivative of opium. It can be highly addictive and misused

On April 16, 2017, the FDA took several actions regarding OxyContin, including:
  • Will not accept or approve any abbreviated new drug applications (generics) that rely upon the approval of original OxyContin (Purdue Pharma had previously released a reformulated OxyContin replacing its original)- this effectively bans generic OxyContin.
  • Approved updated labeling that indicates that the product has physical and chemical properties that are expected to make abuse via injection difficult and to reduce abuse via the intranasal route (snorting).
  • Determined that reformulated OxyContin has sufficient abuse-deterrent properties although it will not prevent all abuse. Specifically, the tablets are more difficult to crush, break, or dissolve as well as forming a viscous hydrogel that cannot be easily prepared for injection.
The Press Release announcing these OxyContin actions included the following statement:
The FDA, together with other public health agencies, continues to encourage the development of abuse-deterrent formulations of opioids and believes that such products will help reduce prescription drug abuse. At the same time, the FDA remains committed to ensuring that patients with pain have appropriate access to opioid analgesics.

    ABOUT LAPIN LAW OFFICES

    Lapin Law Offices represents injured, abused and disabled clients in Lincoln and throughout Nebraska. If you have been injured, abused by a debt collector, denied Social Security Disability benefit or have any type of case we handle please call us at 402-421-8033 anytime (24/7) or submit your information or question online: Contact Us. We offer a free initial consultation and do not collect a fee unless we get money for you.

    via Blogger http://lapinlawoffices.blogspot.com/2013/04/FDA-Recalls-and-OxyContin-April-1-to-17-2013.html

    StarTran Bus Driver Fired For Hitting Passenger

    By: Jeffrey Lapin

    A Lincoln StarTran bus driver, who has been accused of assaulting a rider and removing him from the bus on March 23, 2013, has been fired. The driver, Troy Fischer, has also been cited for misdemeanor assault, according to Lincoln police. 

    Lincoln Public Works Director Miki Esposito stated, “We take this incredibly seriously. This behavior is unacceptable.”

    A video of the incident was released today.

    SOURCES

    ABOUT LAPIN LAW OFFICES

    Lapin Law Offices represents clients involved in all types of personal injury cases in Lincoln and throughout Nebraska. If you have been injured as a result of someone’s criminal act or negligence please call us at 402-421-8033 or submit your information online: Contact Us. We offer a free initial consultation and do not collect a fee unless we get money for you.

    via Blogger http://lapinlawoffices.blogspot.com/2013/04/startran-bus-driver-fired-for-hitting-passenger.html