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Archive for March, 2010
Severe Life-Altering Injuries Pursue Young Children of Parents Working with Chemicals
Ethylene Glycol Ether may be causing severe birth defects. This may result in lifelong care being needed for the children.
“This is an interesting case that we heard about just recently, and it involves employees at a chip manufacturer working with a toxic chemical called ethylene glycol ether. This case actually represents a fairly wide cross section of employees who worked at the same plant in an area called the ‘clean room,’ where chips were processed,” explained Seth Wilburn of the Gomez Law Group in Dallas.
The employees who worked in these rooms did so for about 20 years, until the late 1990s. The chemical they were working with was used regularly in the chip making process until it was revealed that several other lawsuits indicated that the chip maker was well aware there was a likely connection between ethylene glycol either and birth defects.
One company employee had two daughters born with severe birth defects that included cerebral palsy. Another worker’s son was born with debilitating vision and speech problems as well as epilepsy. “It was really too much of a “coincidence” that the workers in this clean room were experiencing such severe birth defects, in such large numbers,” added Wilburn.
It turned out that the company that made ethylene glycol ether had put out a warning in 1981 about the possibility of birth defects and miscarriages happening when working with this chemical. A subsequent hazard alert also went out a year later indicating that tests had indeed shown the chemical caused birth defects.
Despite the other numerous warning posted, this chemical was used well into the 1990s. Many workers at the company where they held jobs said they had never seen a warning about the toxicity of the chemical they worked with every day.
The facts are that raising a child with severe birth defects into adulthood is an enormous financial burden than may cost hundreds of thousands of dollars every year. “Those workers who did give birth to children with severe defects have a good case to sue their employer for negligence – negligence in not informing them of the risks of working with this chemical,” Wilburn commented.
Anyone in a similar situation and who has suffered life-altering personal injuries should immediately speak to a qualified and experienced personal injury attorney. Those who caused harm to happen to others need to be held accountable. A seasoned attorney will be able to make that happen and work to get a settlement that will cover the expenses of raising a child with birth defects,” stated Seth Wilburn of the Gomez Law Group in Dallas.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
What on Earth Is the Sarbanes Oxley Act?
If you don’t know what this Act does, it’s time your business did some research. Businesses need to be in compliance with this Act.
Many businesses wonder whether or not they need to be aware of or even comply with the Sarbanes-Oxley Act of 2002. There are advocates for it and against it, largely because some people feel it’s a paper chase without teeth, but by and large, it is considered to be one of the most far-reaching securities legislation ever passed.
Its effect in a nutshell, was to have every company that files reports with the Securities and Exchange Commission (SEC) have increased corporate responsibilities and obligation when it came to dealing with money. Looking at the Sarbanes-Oxley Act of 2002 from another point of view, it becomes clear that non-compliance will significantly penalize company boards. Generally speaking, messing with this Act is never a good idea, which is why legal counsel with extensive experience in this area is a smart business move to ensure compliance.
Part of the Act, brought into effect in 2002, created the Public Company Accounting Oversight Board (PCAOB). Its raison d’être was to oversee auditing public companies. They’re almost as powerful as the IRA and can inspect, investigate and enforce compliance from any company they have in their sights. The PCAOB sets rules for audit reports as well as standards to be adhered to for accounting, and it is mandatory for all companies to be registered with them.
Any and all financial transactions that go to the bottom line of a company must be disclosed according to this Act and all pertinent details must be precise as to time, date, place, reason and where the money went when it was received.
There are to be no personal loans to executives or company directors and all annual reports need to include a statement that specifically says management is responsible for the internal company control structure and financial reports. Woe betides the person or persons who alters, destroys, hides or falsifies records or documents. If found out and prosecuted under the auspices of the Sarbanes-Oxley Act, those found in breach usually face hefty fines and up to 20 years in jail.
Even attorneys and their role of representing public companies before the Securities Exchange Commission are covered in this act. In fact, a section of the Sarbanes-Oxley law requires attorneys to report securities violations to the CEO.
Many of you reading this information will know the Sarbanes-Oxley Act of 2002 for a different reason; the protection of whistleblowers. One section of the act specifically states that any employee who reports an unlawful act is protected. The misconduct or illegal actions may be those of the employer, superior or a colleague.
Whistleblowers have a valuable role to play in keeping companies on the straight and narrow ethical path. They offer the police truthful inside information and run the risk of being the brunt of hostility in the workplace. At one time, employers could retaliate and fire a whistleblower, punish them by other means, such as demoting them or cutting their salary. This is now illegal and thanks to a whistleblower, the company is stopped in its tracks from continuing with their illegal actions. Any employer who tries to retaliate is subject to up to ten years in prison and a significant fine.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
The False Claims Act Is Important
This particular Act helps the government sue people who are trying to rip them off. It’s one way to stop fraud in its tracks.
The False Claims Act (1863) (FCA) wasn’t really used all that extensively until the government caught on to its potential to combat fraud in their contracting processes. “Basically, the FCA says that a business is liable when it makes a false claim (called fraud) and it either knows the claim is false or is deliberately indifferent or reckless to that fact,” stated Seth Wilburn, of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer.
The False Claims Act lets a private individual (whistleblower) with information of fraud against the federal government bring a lawsuit against the defendant on behalf of the government. Many people may recognize this as a qui tam lawsuit, and plaintiffs are rewarded quite well for bringing fraud suits on behalf of the government.
“Most often the reward is a percentage of the settlement, which may be quite substantial, given that the usual percentage figures run from 15% to 30%. This applies whether or not the case actually made it to court as well, as many of these cases don’t always go that far,” added Wilburn.
For those running a business, they need to be aware of the fact that anyone fired may decide to file a whistleblower lawsuit. “While this may sound frivolous, the law relating to the FCA has changed in recent years and the scope of the Act expanded. With the expansion of the scope of the FCA, came a much broader definition of fraud that means false claims dealing with government spending in any form. Recent statistics indicate the number of these types of lawsuits is rising,” explained Seth Wilburn, of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer.
The FCA also features something referred to as reverse liability. What this means is that when a contractor knowingly uses a false statement to avoid, decrease or conceal any obligation to the US government, they may have a whistleblower lawsuit filed against them.
A False Claims Act case may be reviewed at several levels by the government and the Department of Justice. In many of the cases, government auditors are sent out to do a forensic audit and once that is completed, the process continues. “Even if the government doesn’t want to get involved in the case, the qui tam plaintiff may still pursue it,” said Wilburn.
The False Claims Act is something a company needs to know about if they are running a business in the US. Failure to understand it may result in tremendous financial loss to an organization in concert with other civil and criminal sanctions.
Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.
Recalled Toyota Results in Life-Altering Potential Spinal Cord Injury
The Camry was recalled, but the owner didn’t know about it. Because of the defect, the owner may have life-altering spinal cord injuries.
This was one of those accidents that never should have happened. A recalled Toyota Camry was involved in a horrendous crash that left the driver in critical condition with possible spinal cord injuries - injuries that may change his whole life.
This was single car accident and involved four occupants in the vehicle at the time. The car was being driven by Theo Anders (names have been changed to protect the victims and their families) who was just about to pull into a parking spot when his car took off at high speed. Anders tried braking, but to no avail; the brakes didn’t work. The resulting crash was extremely violent due to the speed the car was traveling.
This particular model, a 2010 Toyota Camry, was one of seven other models made by Toyota that were recalled due to defective gas pedals. Responding emergency medical services crews took the four occupants in the vehicle to the nearest medical facility for immediate treatment. The driver, Anders, was listed in critical condition and with the distinct possibility that he may have a spinal cord injury, as he had no feeling in his legs when he was pulled out of the wreck.
Defective product cases are always difficult for everyone involved. Anders was driving his car just like usual, never for a moment suspecting that there may have been a problem that would possibly turn his life upside down in the blink of an eye. He had the right to expect that the product he was driving was in good working order and would not harm him.
Anders made it a point to contact an experienced personal injury attorney, one who had a track record of handling life-altering personal injury cases. This was a wise move on his part, as cases like this need qualified legal representation in order to ensure the victim gets a fair and equitable settlement.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.