Life insurance provides peace of mind. Purchasing whole or universal life insurance policies helps policy holders ensure the future financial stability of their estate and their loved ones. Recent news reports have indicated however that certain life insurance companies maybe retaining unclaimed benefits owed to policy holders or beneficiaries. If you believe you have not received life insurance policy benefits to which you are entitled, you may have a legal claim.

Recently, Western & Mutual Holding Co. and Columbus Life Insurance Co., both Ohio companies, failed to examine Social Security’s Death Master File. The master file would have provided the insurance company with up-to-date information concerning whether or not policy holders were still alive. Using this master file would ensure that policy beneficiaries receive timely payouts of benefits whether or not the beneficiaries were aware that the policy existed. Estimates by researchers indicate that unpaid benefits could reach into the hundreds of millions of dollars annually. If this occurs each year then life insurance companies could be reaping undeserved benefits which belong to either a policy holder, a beneficiary, or the state government.



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Toric contact lenses provide astigmatism sufferers with an effective alternative to glasses. Convenience, appearance, and easy of utilization are all benefits associated with contact lens usage. However, CooperVision's recently instituted a world-wide recall of Avaira Toric Contact Lenses due to side effects such as hazy vision, pain, and eye damage suffered by lens wearers.

According to press releases issued by Cooper, a residue found on the toric lenses causes the eye problems. The world-wide recall involves lenses distributed to several countries including the United States, Canada, Australia, Spain, Hong Kong, Italy, and Germany.  Problems reported by toric lens wearers include severe eye pain, blurred vision, hazy vision, corneal damage and other vision associated problems.

According to an FDA informational page concerning the recall:

On August 19, 2011, the firm sent a recall notification letter to the US and Canadian distributors and health care practitioners. Other foreign distributors were sent the recall letter a week later.

Consumers should return their lenses to their eye care practitioner if they have the affected contact lenses. In addition, if a consumer who is wearing Avaira Toric contact lenses and experiences any symptoms, it is recommended that they stop wearing the lenses immediately and contact their eye care practitioner for advice.

If a consumer is wearing Avaira Toric contact lenses and is NOT experiencing symptoms, Cooper Vision recommends going to their recall web page at and enter the lot number of their package to determine whether their lenses have been recalled. If the lenses are on the recall list, they should immediately remove their existing lenses, discontinue all lens wear, and return them to their eye care practitioner or point of purchase.

If you have experienced symptoms as a result of these contacts, check with your doctor immediately. If you are uncertain if your contacts were part of this recall, visit the CooperVision website for additional information.



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The following was posted by the FDA.

Insight Pharmaceuticals, LLC of Langhorne, Pa., is recalling one lot (34,092 bottles) of Nostrilla Nasal Decongestant nasal spray to the consumer level, because it may contain the bacteria Burkholderia cepacia.

Burkholderia cepacia may cause serious infection in individuals with a compromised immune system or chronic lung condition (i.e. cystic fibrosis).  However, the possibility of infection is remote in healthy individuals.

Nostrilla Nasal Decongestant, lot #11G075, UPC Code 6373673005, was distributed nationwide through normal retail outlets and pharmacies. The product comes in a 1/2 ounce, plastic bottle marked with lot #11G075 on the label and with an expiration date of 05/2014 stamped on the side. No illnesses have been reported to date in connection with this problem.

The recall was initiated following internal investigations which determined the potential presence of a microbial contaminant that exceeds the product specifications and may consequently result in a subpar product. This contaminant has been found sporadically throughout only the respective manufacturing lot, #11G075.

In full cooperation with the United States Food and Drug Administration, CooperVision, Inc. is continuing to work with the FDA, distributors, customers, eye care practitioners and lens wearers to complete the worldwide recall initiated on August 19, 2011 on certain lots of Avaira™ Toric contact lenses.

“Our first priority is always the health and safety of all CooperVision lens wearers and as such we responded quickly to complaints from our customers by initiating a voluntary recall” said Christine Moench, vice president, Global Regulatory Affairs and Quality Assurance. “We want to ensure that all consumers are aware of this action and know where to go for more information.”

If you wear Avaira Toric contact lenses and experience any symptoms, CooperVision recommends that you stop wearing the lenses immediately. Contact your eye care practitioner for advice.

The recall was initiated because of the unintended presence of a residue on certain lots of Avaira Toric lenses, which may cause hazy vision, discomfort, or eye injuries requiring medical treatment. Not everyone experiences the same symptoms. Since the initiation of the recall, the company has received some additional complaints of severe eye pain. Avaira Toric contact lens wearers that experience any symptoms should stop wearing the lenses immediately and speak with their eye care practitioner.

We have ongoing relationships with practitioners to continue to identify all the affected lots in the market. To date, the recall has impacted approximately 600,000 Avaira Toric contact lenses in the U.S.


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Neblett, Beard & Arsenault is currently investigating claims regarding Frontline and Advantix Flea Control Products. A class action lawsuit has been filed against Bayer Healthcare LLC and Merial Ltd over claims that they regularly make false and deceptive claims in advertisements about their Advantix and Frontline flea and tick pet products. Based upon these claims, a million dollar business has been built around the notion of protecting pets from fleas and preventing flea infestations in homes.

Many consumers utilize Advantix and Frontline as monthly preventative treatment to ward off fleas, ticks, and other pests.  Manufacturer claims involve the fact that the product will naturally spread across an animal’s entire body without entering the animal’s bloodstream. The products are touted as waterproof. If these two claims are not true, pets are at risk from flea and tick infestation and other potential health problems including Tapeworms, Nematodes, Tularemia, Infectious Anemia, Lyme Disease, and Rocky Mountain Spotted Fever, all of which can be linked to flea and tick infestation.


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Neblett, Beard & Arsenault’s senior and founding partner,Richard J. Arsenault will be presenting ” Illnesses With Long Latency Period” at the Litigation & Liability in the Workplace Continuing Legal Education program at LSU Law Center.

The program will investigate the legal issues related to handling an on-the-job injury or employment cases. The ever-changing interrelationship between workers’ compensation and tort law and the overlap of new state and federal laws related to Medicare and Medicaid create new and challenging issues for the attorney handling either side of employment-related cases.

Arsenault is a frequent chairman and speaker at state, local and national legal seminars and is alumni of LSU Law.

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The Oreck Corporation advertised its Halo vacuum cleaner and ProShield Plus air cleaner as having health benefits, allergy prevention and germ killing properties. During the 2009 holiday season, Oreck began advertising the pair of appliances together under the headline “Introducing the Oreck Flu Fighters.” The ads claimed that the vacuum and air cleaner would “help reduce the flu on virtually any surface and in the air in your home.” The vacuum sold for $600 and the air cleaner for $400.The Federal Trade Commission recently fined Oreck for misleading advertising on those points, however. Oreck agreed to stop making “allegedly false and unproven claims” about the products and agreed to pay a $750,000.00 fine. The consumer protection lawyers at Neblett, Beard and Arsenault are investigating complaints about the Oreck Halo vaccum cleaner and ProShield Plus air cleaner system.

Richard J. Arsenault, Neblett, Beard & Arsenault’s senior and founding partner, will be presenting information on Actos at the American Association for Justice’s Actos Teleseminar on September 8 at 2:00pm-3:30pm  ET.

According to an FDA warning, prolonged use of Actos may cause an increased risk of developing bladder cancer.

The seminar will provide an in-depth look at the FDA’s recent update to its health warning regarding Actos, a Type-2 diabetes drug. Through exploration of Actos’ history, as well as recent studies and regulatory action, the faculty will delve into information and strategies that will help plaintiff lawyers understand how to proceed with current litigation.

Arsenault and his firm have filed several lawsuits on behalf of Actos victims who have developed bladder cancer.

To view the agenda, faculty and to register, visit

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A >2007 and 2008 Chevy Impalas. According to the lawsuit, these vehicles were produced with a defective rear spindle rod that is causing wheel misalignment, premature tire wear and the needs for costly tire replacement and repairs.

The named plaintiff in the class action lawsuit claims that the rear tires on her new 2008 Chevy Impala needed to be replaced within 6,000.  Then, the Impala wouldn’t pass state inspection without another set of  replacement tires, despite having fewer than 25,000 miles on the car.

The lawsuit claims that GM failed to disclose the rear spindle problem to Impala owners, and the result is forcing owners to eat costly repairs and loss of resale value.

According to news reports, GM claims that the problem is not with the faulty manufacturing of the rear spindle rods, but faulty design.  Media reports also say that the company is denying responsibility because  “new” GM (the company formed after the bankruptcy processing against “old” GM) only agreed to  warranty obligations of cars assembled before 2009.


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