A group of budding scholars!

We here at Neblett, Beard and Arsenault love being involved with our community.  For over a decade, we have organized and sponsored a field trip program, where local grade school classes can meet Law Enforcement officials, Lawyers and Judges and learn about the legal system.

Recently, Michael Koch, one of the partners here at NBA, organized a field trip for 24 Fourth graders from Cherokee Elementary School.  Michael took the class to the Louisiana Ninth Judicial Courthouse in Alexandria, where they got to meet Major Karla Ryder from the Rapides Sherriff’s Office.  Major Ryder told the kids what a law officer does, why they arrest people, and for what reasons people most often get arrested.  Then the students got to go to a courtroom and talk with a real Judge- Judge Mary L. Doggett, of the Louisiana Ninth Judicial District Court.  Judge Doggett spoke to the children about the role a Judge plays in the judicial system, and answered the students’ questions.  The class also got to visit the Rapides Parish jail, where Warden Clark spoke and took them on a jailhouse tour.

After listening to all the different people involved in the legal process, Michael brought the class back to the Courthouse, where the kids were each assigned a role for a mock trial.  Different students got to be lawyers, witnesses, parties, bailiffs, judge and jury, and they got to perform the trial by themselves (well, with a little help from Michael and their teachers!).  They did opening and closing statement and an examination of witnesses.  After the jury reached their verdict (a “0″), the class proceeded to celebrate their victory (or mourn their loss) with a pizza lunch at Cici’s pizza.  After lunch, Micheal brought them back to the Neblett, Beard and Arsenault main office, where they got to see what a law practice looks like.  They got a surprise pop quiz about the law and legal system from Michael and their teachers- with the winners getting prizes instead of grades.

The teachers advising the field trip complimented the program, saying it was “awesome” and that it “was the best field trip [they] had ever been on”.  We’re glad they had a fun day, and hope they learned a lot, too!

Neblett, Beard and Arsenault’s field trip program is open to any local school.  The program is available for all age groups, from Elementary to Junior and Senior High School, and provides a unique opportunity for students to get a firsthand learning experience about our nation’s legal system.  If you know a local school that would like to participate, call Neblett, Beard and Arsenault and ask for Firm Administrator Irene Duplechin.

"The best field trip ever"

This recent expansion of CooperVision’s previous recall of Avaira Toric Contact Lenses affects 6.6 million contact lenses which may cause side effects such as hazy vision, pain, and eye damage.  CBS News reports that the FDA thought CooperVision’s recall didn’t go far enough, and that’s why the FDA has issued “its own urgent warning about Avaira lenses”.

According-+ to the FDA, levels of a silicon oil residue found on the surface of contact lenses causes these 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 Avaira contact 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:

If you wear Avaira Sphere contact lenses and experience any symptoms, CooperVision recommends that you stop wearing the lenses immediately. Contact your eye care practitioner for advice.  CooperVision will launch a recall site  on Wednesday November 16th for wearers to enter the package lot number found on the contact lens carton or blister label to determine if their lenses have been recalled.

If you have experienced symptoms as a result of these contacts, check with your eye care practitioner immediately. The FDA requests that you report any problems or symptoms via their MedWatch Reporting program.

Now, it appears that startling new information relating to inappropriate Infuse usage has been discovered. At a national spinal surgeon convention, Dr. Eugene Carragee noted that undisclosed clinical trial data “showed a significantly higher number of cancers in the study group that received Amplify when compared to a control group that received a bone graft as part of a spinal fusion….”

In that same article, Dr. Carragee also noted that Infuse may have been used off-label at higher-than-approved levels, levels possibly higher even than intended for Amplify, resulting in potential cancer risks to recipients.

Medtronic has responded to these claims by forking out $2.5 million to allow Yale researchers to independently analyze the Infuse data. This study has not been released; however, its results will likely provide additional insight into the safety of Infuse.

The result of this un-FDA sanctioned use of Infuse – patients suffering severe medical complications including difficulty breathing, swallowing, speaking, airway compression, respiratory problems, nerve damage, infection, bone loss, unwanted bone growth, sterility in males, and death. Additionally, Policymed.com indicated that reports from the Milwaukee Journal-Sentinel highlighted potentially inappropriate financial links between Medtronic and Infuse researchers. The Senate Finance Committee is currently looking into this claim. Also of note, in 2008, the FDA announced that improper Infuse use could cause medical problems.

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.

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 www.coopervision.com/recall 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.

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.

“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.

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.

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.

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 www.justice.org/actos.

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.

According to Looks Too Good to be True.com, “Bank customers are responsible for the checks [or money orders] they deposit, and victims must repay the bank for bad checks. Federal law requires banks to make the funds you deposit available quickly, but it’s important for consumers to know that, just because you can withdraw the money, it doesn’t mean the check is good. Banks often release funds from a cashier’s check or money order before it clears.”  Meaning, you may be on the hook to pay back the full amount of the bad check or money order.

If you or a loved one believes that they may be  a victim or target of such a scam, contact your local authorities.  You may also contact the Federal Trade Commission Consumer Fraud and Identity Theft Division at 1-877-FTC-HELP or via their website.

• There may be an increased chance of having bladder cancer when you take pioglitazone.
• You should not take pioglitazone if you are receiving treatment for bladder cancer.
• Tell your doctor right away if you have any of the following symptoms of bladder cancer: blood or red color in urine; urgent need to urinate or pain while urinating; pain in back or lower abdomen.
• Read the Medication Guide you get along with your pioglitazone medicine. It explains the risks associated with the use of pioglitazone.
• Talk to your healthcare professional if you have questions or concerns about pioglitazone medicines.
• Report side effects from the use of pioglitazone medicines to the FDA MedWatch program, using the information in the “Contact Us” box at the bottom of the page.

The pharmaceutical lawyers at Neblett, Beard & Arsenault are investigating a possible class action lawsuit over the link between Actos and bladder cancer.  If you have taken Actos for a year or more and developed bladder cancer, we’d like to hear your story.

The event, which was held the day after the latest DePuy MDL Status Conference, welcomed attorneys from across the country who are interested in or actively involved in the Zimmer and DePuy litigation.  The faculty was composed of lawyers from some of the best-known and most-respected law firms in the nation.

Arsenault, a veteran of class action and complex litigation, is frequently asked to chair legal conferences on hot legal topics.  His firm is actively representing victims who allege their Zimmer NexGen knee implant or DePuy ASR or Pinnacle hip implants were defective.