Blog

The Climaco firm Investigates Cases Involving the use of Slimquick

2012-05-07T17:15:34Z

We are currently investigating cases involving the use of SLIMQUICK, which is a weight loss diet pill that has been linked to liver failure and other problems. The manufacturers NxCare and Wellnx Life Sciences market this pill as the world’s first and most advanced fat burner for women. It contains a significant amount of camellia sinesis, which is a known liver toxin. Recently, the U.S. Food and Drug Administration warned consumers to immediately stop using Hydroxycut, a dietary supplement that also contains camellia sinesis, because the FDA received 23 reports of serious health problems ranging from jaundice and elevated liver enzymes, an indicator of potential liver injury, to liver damage requiring liver transplant in individuals using Hydoxycut. The manufacturer of Hydroxycut agreed to recall the products.

If you or a loved one developed liver failure as the result of using SLIMQUICK, please contact the Climaco Law Firm. Symptoms of liver failure include abdominal pain, jaundice, nausea, vomiting, itchy skin, dark urine and pale stool.

Depuy Pinnacle® and Biomet® Metal-on-Metal Artificial Hips, Can Cause Metalosis and May Fail Prematurely

2012-05-02T13:51:40Z

The DePuy Pinnacle® and the Biomet M2a, Stanmore, and Exceed ABT® hip lines are metal-on-metal artificial hip implants. Total hip replacement surgery replaces the natural femoral head and acetabulum with an artificial head and cup system. With metal-on-metal hip implants, the friction caused by the two metal surfaces rubbing against each other while in motion may result in very small metal fragments being shed into the surrounding tissue and blood stream. This can cause tissue damage, inflammatory reactions, bone loss, necrosis and a type of blood poisoning known as metallosis.

If you, a loved one or a friend, developed severe bleeding after taking Pradaxa®, or required revision hip surgery after receiving a DePuy Pinnacle® or a Biomet® metal-on-metal artificial hip replacement, you may be entitled to monetary compensation.

For a free review of your claim, please contact Gwen Hennessey with DePuy Pinnacle® or a Biomet M2a Magnum® questions toll free at 1-800-621-1062.

FDA Issues Safety Announcment Related to Pradaxa

2012-04-13T12:31:54Z

On October 19, 2010, the FDA approved Pradaxa (dabigatran etexilate mesylate), an anticoagulant that acts by inhibiting thrombin, an enzyme in the blood that is involved in blood clotting. Pradaxa, is manufactured by Boehringer Ingelheim Pharmaceuticals Inc. of Ridgefield, Conn. Boehringer Ingleheim’s parent company is a German corporation, with a presence in countries all around the world.

Pradaxa is the first oral blood thinner on the market in over 50 years. Coumadin (warfarin), the other oral anticoagulant currently on the market, has been approved since the early 1950s. Pradaxa is used to prevent strokes and blood clots (deep vein thrombus, pulmonary emboli, and cardiac thrombi) in people with atrial fibrillation.

On December 7, 2011, the FDA issued a safety announcement that it was evaluating post-marketing reports of serious bleeding events in patients taking Pradaxa. On February 1, 2012, a New Zealand study was published in the Journal of the American College of Cardiology, which found that Pradaxa has a higher risk of bleeding than its alternative, Coumadin (warfarin). The authors of the study are a group of hematologists from New Zealand who treated what they believed was a large cluster of patients who had suffered serious bleeding after using Pradaxa. In two months, there had been 78 bleeding episodes, including 12 major bleeds, one of which may have caused a patient’s death.

Most importantly, there is no reversal agent for Pradaxa. When patients suffer bleeding, doctors have been unable to stop the bleeding because Pradaxa prevents blood from clotting. Coumadin (warfarin), the alternative to Pradaxa, can be reversed with a simple dose of Vitamin K. Unlike warfarin, Pradaxa has no antidote.

If you or a loved one developed internal bleeding while taking Pradaxa, please contact Patrice Kilo at 1-800-621-1062.

Signs and symptoms of Pradaxa's side effects include: lethargy, unusual bruising or bleeding, pink or brown urine, red or black tarry stools, coughing up blood, and vomiting material that is bloody or looks like coffee grounds.

Sub. H.B. 275 dramatically amends Ohio’s Consumer Sales Practices Act

2012-04-05T15:52:48Z

Sub. H.B. 275 dramatically amends Ohio’s Consumer Sales Practices Act (“CSPA”) by adding a new section, R.C. §1345.092, which provides a statutory right to cure to Ohio’s businesses. Ohio now joins 13 other jurisdictions which already had a statutory right to cure provision.

Highlights of the amended new statute include:

*Permits a supplier to offer a consumer a “cure offer” if the consumer files an action against the supplier for an alleged violation of the CSPA.

*Establishes timelines and procedures for a supplier making a cure offer and a consumer accepting or rejecting a cure offer. The cure offer must be made within 30 days after service of process is completed upon the supplier. The cure offer is required to be filed with the court. The consumer then has 30 days after receiving the cure offer to accept or reject the cure offer. The acceptance or rejection must also be filed with the court. Failure of the consumer to file an acceptance or rejection is deemed a rejection.

*Requires a cure offer to contain a supplier’s remedy consisting solely of monetary compensation to resolve the alleged violation of the CSPA, the amount of attorney’s fees “necessary or reasonably related to the filing of the complaint” to be paid, not to exceed $2,500, court costs, and a prominent notice containing a disclosure in a form contained in the bill.

*Prohibits a consumer from being awarded treble damages, and court costs and attorney fees after the cure is received, if the consumer does not accept a cure offer and a court or arbitrator awards the consumer “actual economic damages” that are not greater than the value of the remedy including the cure offer. Actual economic damages are defined as direct, incidental, or consequential pecuniary losses resulting from a violation of the CSPA and does not include damages for noneconomic losses.

*Requires a consumer to request attorney’s fees and court costs from a supplier and to submit documentation evidencing the requested amount upon acceptance of a cure offer.

*Authorizes a supplier, if the supplier feels that the requested amounts are unreasonable, to seek a ruling from the appointed court related to attorney’s fees and court costs requested by a consumer.

*Requires the court to make an award of reasonable attorney’s fees and court costs if such a ruling is sought.

*Provides that the cure offer is not admissible as evidence in a jury trial of the consumer’s action.

*Requires a judge, after a verdict is rendered or if the action is tried to the judge, to consider a cure offer only if the offer was timely delivered and only for the purpose of determining whether treble damages may be awarded and the amount of attorney’s fees and costs to be awarded.

*Provides that the court may extend the time period for filing a motion or pleading to allow the parties adequate time to comply with the bill.

*Provides that the bill does not apply to claims for personal injury or death.

The legislation was intended to “streamline” resolution of consumer claims. However, it does so by further gutting consumer rights while it gives dishonest suppliers less incentive to treat consumers fairly. By capping attorney fees, and with the previous amendments capping non-economic damages, dishonest suppliers can now calculate the risk of engaging in unfair and deceptive consumer transactions. These provisions also hurt honest suppliers by giving dishonest suppliers greater protection. By “streamlining” the process, the legislature effectively gutted the protections afforded to consumers.

Does Your Company Have a Social Media Policy for Employees?

2012-03-27T18:26:23Z

On-line social media has become pervasive in modern day society. If your company has not already done so, it is time to start thinking about social media in the same context as all other forms of communication. That means developing guidelines for your employees’ use of social media to protect your company’s on-line reputation. Some of the issues to be considering in drafting any social media policy for your company include: (1) what is the purpose of the policy; (2) who should the policy apply to; (3) what conduct should the policy govern; and (4) what are the legal requirements and limitations of any such policy.

The National Labor Relations Board has issued a report concerning the disposition of certain social media cases coming before it. Employees have a right to discuss the terms and conditions of their employment, and they have the right to criticize their employer. However, the criticism must be in some way related to the employer-employee relationship to be protected by the National Labor Relations Act. By its use of specific examples of cases coming before it, the NLRB report offers guidance for any company in drafting a social media policy. If you would like to discuss implementing a social media policy or updating your current social media policy, please contact David M. Cuppage or Scott D. Simpkins at 216-621-8484.

Certain Ohio Businesses Are Required to Maintain and Update the Statutory Agent

2011-10-24T12:24:48Z

In Ohio, certain business entities are required to appoint and maintain a statutory agent. The documents are filed with the Ohio Secretary of State. A statutory agent may be served with legal documents, such as a lawsuit, so it is important to update and maintain the agent. The original appointment must be filed with the Ohio Secretary of State and is filed at the same time as the business formation documents. There is no fee for the original appointment of the agent.

If certain events occur, a business may be required to appoint a new statutory agent. These events may include death, resignation or change of the original statutory agent. If the statutory agent changes their address a business is required to update its filing to reflect the new address with the Ohio Secretary of State. The cost is relatively minimal compared to the consequences which may occur if a business fails to update and maintain its records.

Depending on your particular situation, the consequences may be a revocation of a license to conduct business in Ohio or cancellation of the articles. If you need more information about updating statutory agents in Ohio, please contact Scott D. Simpkins or visit the Ohio Secretary of State’s website by clicking here for more information.

Why Is It Important To Maintain and Update Corporate Records?

2011-10-11T19:50:23Z

The main advantage of a corporation is to protect the shareholders’ personal assets from the obligations of the corporation. The corporation acts as a shield, protecting shareholders’ personal assets. However, in some situations courts will ignore the corporate entity status and hold shareholders personally liable for the obligations of the corporation. This is known as “piercing the corporate veil.”

Some factors that courts look at when determining whether to “pierce the corporate veil” are: (1) Failure to observe corporate formalities; (2) Absence of corporate records; (3) Using a corporation bank account to pay for personal obligations; and/or (4) Undercapitalization.

Most lawsuits to “pierce the corporate veil” are filed against smaller, closely-held corporations and the corporate veil was “pierced” in 40% of those lawsuits. While the failure to maintain or update corporate records is insufficient on its own to “pierce the corporate veil”, it is an argument that has been successfully used along with other factors to hold shareholders personally liable.

So, it is important to maintain and update corporate records to avoid these potential problems in the future. Depending on your situation, you should create by-laws, issue stock, maintain and update corporate minute books and hold regular board meetings with all directors. For help on maintaining or updating corporate records or for more information, please contact Scott D. Simpkins at (216) 621-8484 or sdsimp@climacolaw.com.

Small Business Owners May Be Eligible For Income Tax Credits Up to $1,000,000

2011-09-15T21:28:00Z

The newly-enacted laws, referred to as InvestOhio, authorize a nonrefundable credit up to $1,000,000 for qualifying investments in specified small business enterprises operating in Ohio. Any unused credits may be carried forward up to seven (7) additional succeeding taxable years. The qualifying investment must be made after July 1, 2011 to acquire an equity interest in a small business enterprise to be eligible. Corporations, pass-through entities, or other persons are eligible if the small business enterprise can satisfy all of the following requirements: (1) Either the total assets do not exceed $50,000,000 or annual sales do not exceed $10,000,000 at the time of the qualifying investment; (2) the small business enterprise employs least 50 full-time equivalent employees (or more than one half of its total full-time equivalent employees) that are in Ohio and subject to withholding of Ohio income tax; (3) Within 6 months of the investment, the enterprise invests or incurs cost for one or more of the following in an amount at least equal to the amount of the qualifying investment: (1) Tangible personal property (not motor vehicles) used in business and located in Ohio; (2) Motor vehicles purchased, registered, and used primarily for business purposes in Ohio; (3) Real property physically located and used in business in Ohio; (4) Intangible personal property (includes patents, copyrights, trademarks, service marks, or licenses) used in business primarily in Ohio; (5) Compensation for newly-hired or retained employees (excluding increased compensation for owners, officers, or managers) for who the enterprise is required to withhold Ohio income tax. To find out how this tax credit may benefit you or your company and for more details or information regarding InvestOhio, please contact us at (216) 621-8484.