Wednesday, April 8, 2020

FDA Pulls Zantac Off Shelves for Possible Cancer Link

The U.S. Food and Drug Administration (FDA) has ordered for the popular heartburn medication ranitidine (brand name Zantac) to be taken off the market immediately. The decision was made due to the discovery that ranitidine drugs may contain dangerous levels of N-Nitrosodimethlyamine (NDMA), a probable human carcinogen.

The recall affects both prescription and over-the-counter (OTC) ranitidine medications. Hundreds of Zantac lawsuits are already pending throughout the United States, alleging that the drugmakers failed to warn the public of the dangers of NDMA and that their inaction led to diagnoses of cancer in some consumers.

If you or a family member took Zantac or a generic ranitidine product, you may have a case for compensation. The experienced personal injury attorneys at Stewart Law Offices can evaluate your case in a free consultation.

With five locations in South Carolina and North Carolina, our lawyers can meet with you wherever you are most comfortable.

Call or contact us today to schedule a free consultation.

What Makes Zantac Dangerous?

According to a press release, the FDA’s decision was based on testing that showed NDMA levels in some ranitidine medications increased to unacceptable levels over time, particularly when stored at higher than room temperatures. However, increases in NDMA levels were also observed when the drugs were stored at normal temperatures as well.

NDMA has been linked to primary cancers of the:

  • Stomach
  • Bladder
  • Small intestine
  • Colon/rectum
  • Esophagus
  • Liver

On a lesser level, NDMA has possible associations with:

  • Early-onset prostate cancer
  • Pancreatic cancer
  • Non-Hodgkin’s lymphoma
  • Multiple myeloma

No one should have to live with a life-threatening disease caused by someone else’s negligence — particularly a pharmaceutical company’s, whose main job is to make drugs to improve public health.

Can I Sue for Damages?

Zantac lawsuits are already underway. To determine if you have a case, you will need to meet with a knowledgeable attorney with experience handling defective drug claims.

Several steps must be taken to decide if you may be entitled to compensation:

  • Did you take Zantac or ranitidine? This can be established through medical records,
    prescription receipts, or statements from a doctor, even if you only took the OTC
    version of the drug.
  • How long did you take the drug? If you only took the medication for a short period, it
    will be more difficult to prove a connection between Zantac use and your cancer
    diagnosis.
  • Do you have cancer? Proof of diagnosis can be confirmed through medical records.
  • Did Zantac cause your cancer? Here is the trickiest part of your case. Your attorney will
    need to provide compelling evidence to show that your Zantac use and cancer diagnosis
    are closely connected. For example, if you took Zantac for three years for acid reflux,
    you will likely have a stronger case than someone who used it for six months. There is
    also a latency period (the time between exposure to a cancer-causing substance and the
    development of the disease) to consider. If you took Zantac for six months and were
    diagnosed with cancer a month later, it will be more difficult to convince a judge or jury
    that ranitidine caused the disease.

Compensation in dangerous drug cases can help cover medical costs, lost income, lost earning potential, pain and suffering, and other losses stemming from the diagnosis. This money can be vitally important to keep families afloat during a cancer battle.

Diagnosed with Cancer After Taking Zantac? Learn Your Legal Rights Now

For more information about Zantac lawsuits, call or contact Stewart Law Offices today. Our North Carolina and South Carolina injury lawyers are standing by to help.

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Monday, April 6, 2020

Car Accidents and Health Insurance in South Carolina

Getting your medical bills paid is a priority after a car accident in South Carolina. But if you’re like most people, you are unsure of who pays first — the auto insurance company, or your health insurance provider.

It’s a good question that can have somewhat different answers, depending on your own insurance coverage and whether the at-fault driver has insurance. The experienced South Carolina car accident attorneys at Stewart Law Offices can determine the best way for your claim to proceed in a free consultation.

Call or contact us today to get started.

Will Health Insurance Cover My Injuries After an Accident?

Your health insurance coverage can pay for your car accident injuries, regardless of how they happened. What typically happens is your health insurance company will first ask you to pay the usual co-payments and deductible, and then they’ll pay their portion according to the terms of your policy.

You should turn to your health insurance first to pay your car accident expenses. Obtaining a settlement through the at-fault driver’s insurance company takes time, and getting the necessary treatment when you need it should always be the priority. Keeping all receipts and medical records can show the auto insurance company what was paid during this time. The health insurance provider may be allowed to recover any payments they made through a process called subrogation later.

Health Insurance vs. Auto Insurance

Your health insurance policy will pay for your medical expenses after a crash, but those are not the only types of losses that you can be compensated for after a car accident. Beyond medical expenses, car insurance companies provide crash victims with compensation for:

  • Lost wages
  • Lost earning capacity
  • Long-term care needs, such as full-time nurses or home health aides
  • Mental anguish
  • Pain and suffering
  • Permanent disability
  • Lost enjoyment of life

An adjuster from the at-fault driver’s company will investigate the accident and make a settlement offer taking these factors, along with your medical expenses, into account. Usually, this offer is far below what you deserve. An accomplished lawyer from Stewart Law Offices can represent you during these negotiations so that you are not shortchanged.

If you were struck by an uninsured motorist, you may be required to turn to your own auto insurance coverage to cover your losses. Purchasing uninsured motorist coverage is required in South Carolina. Underinsured motorist coverage (to protect you if the at-fault driver did not have enough insurance to cover your injuries) is not mandatory, but highly recommended.

Medicare and Medicaid After an Accident

After a car accident, Medicare and Medicaid coverage can be used to pay your medical bills. However, you must report the accident to The Centers for Medicare & Medicaid Services. The attorneys at Stewart Law Offices can take care of this for you.

Medicare or Medicaid will then place a lien on the amount they paid. This lien will ensure the government can be reimbursed for the money they spent to cover your medical treatment after the car accident. An advantage of having your car accident lawyer file the report for you is that he or she may be able to get the costs reduced by negotiating the amount of the lien.

How Can Stewart Law Offices Help Me?

At Stewart Law Offices, we know how high the cost of medical bills can be after a car accident. Our skilled attorneys strive to recoup those losses and restore your sense of financial security again.

With five offices across South Carolina and North Carolina, our law firm provides comprehensive legal services that puts your needs first. To learn more about how we can help, call or contact us today to schedule a free consultation.

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Sunday, March 22, 2020

25 Most Dangerous Jobs in the U.S.

A job injury can happen in any work environment. However, there are some occupations that carry a greater risk of injury and death than others. In fact, there are some professions in which the risk of dying is 10 times higher when compared to the average American job.

The financial website 24/7 Wall St. recently reviewed fatal injury rates for 71 occupations from the U.S. Bureau of Labor Statistics’ Census of Fatal Occupational Injuries program. If you or a loved one has been injured in a workplace accident in South Carolina or North Carolina, contact Stewart Law Offices to speak with an experienced workers’ compensation attorney today.

Top 25 Most Dangerous Occupations

The most severe job injuries typically occur in industries that use heavy machinery or have employees working at great heights. But even a desk job could result in a serious injury.

The 25 most dangerous jobs in America include:

  1. Logging workers
  2. Fishers and related fishing workers
  3. Aircraft pilots and flight engineers
  4. Roofers
  5. Refuse and recyclable materials collectors
  6. Drivers/sales workers and truck drivers
  7. Farmers, ranchers, and other agricultural managers
  8. Structural iron and steel workers
  9. First-line supervisors of construction trades and extraction workers
  10. First-line supervisors of landscaping, lawn service, and groundskeeping workers
  11. Electrical powerline installers and repairers
  12. Grounds maintenance workers
  13. Miscellaneous agricultural workers
  14. Helpers, construction trades
  15. First-line supervisors of mechanics, installers, and repairers
  16. Police and sheriff’s patrol officers
  17. Construction laborers
  18. Maintenance and repair workers, general
  19. Mining machine operators
  20. Operating engineers and other construction equipment operators
  21. Bus and truck mechanics and diesel engine specialists
  22. Electricians
  23. Heating, air conditioning, and refrigeration mechanics and installers
  24. Athletes, coaches, umpires, and related workers
  25. Industrial truck and tractor operators

Common Types of Workplace Accidents

According to the National Safety Council, a worker is injured on the job every seven seconds. While not all accidents are serious, even a mild job injury may keep an employee out of work for several days or longer.

The most common causes of workplace injuries include:

  • Overexertion
  • Contact with objects and equipment
  • Slips, trips, and falls
  • Defective machinery
  • Exposure to hazardous materials and toxic substances
  • Insufficient safety equipment
  • Poor supervision
  • Failure to follow safety standards
  • Undertrained workers
  • Repetitive motion

Most employers in South Carolina and North Carolina are required to carry workers’ compensation insurance to help cover medical expenses and lost income resulting from on-the-job injuries. These benefits can be critical sources of support for families while their loved one is recuperating, especially if he or she is the primary breadwinner.

Examples of Job Injuries

Tens of thousands of workers in the Carolinas suffer job injuries that range from mild to catastrophic. The most common types of workplace injuries include:

  • Muscle sprains, strains, and tears
  • Cuts and lacerations
  • Back injuries
  • Neck injuries
  • Knee injuries
  • Broken bones
  • Traumatic brain injury
  • Spinal cord injury
  • Amputation
  • Electrocution
  • Thermal and chemical burns
  • Respiratory problems
  • Visual or hearing impairment
  • Carpal tunnel syndrome

Workers’ compensation benefits are typically available to employees regardless of who is at fault. Despite this no-fault system, deserving workers sometimes need help getting the benefits they are entitled to. When that’s the case, a knowledgeable workers’ compensation attorney can advise them of their legal options.

Need Help with a Workers’ Comp Claim? Call Stewart Law Offices Today

Involved in a workplace accident? Obtaining full and fair workers’ comp benefits can be a vital way to stay financially afloat while you recuperate. But filing claims can be complex and frustrating. Our experienced and compassionate lawyers at Stewart Law Offices can assist with every part of the workers’ comp process.

Call or contact us today to schedule a free consultation.

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Thursday, March 19, 2020

Workers’ Compensation vs. Personal Injury Claims

After an injury at work, it’s natural to wonder what happens next. While you may have heard the terms “workers’ compensation” and “personal injury” before, understanding the difference between the two types of claims will be important as you weigh your legal options.

To help answer these complex questions, the South Carolina workers’ compensation and personal injury attorneys at Stewart Law Offices have put together the following information for you.

Is Workers’ Compensation Considered Personal Injury Law?

No. Workers’ compensation and personal injury are two separate areas of the law.

The workers’ compensation system is designed specifically for injured employees. A successful workers’ comp claim can pay medical bills, provide partial wage reimbursement, and supply other benefits to employees who are injured in workplace accidents.

By contrast, an individual could file a personal injury claim for many different types of accidents. Auto accidents, slip and fall accidents, dog bites, medical malpractice, and defective products cases are all examples of personal injury claims.

People who are injured in workplace accidents are typically unable to file a personal injury lawsuit against their employer. However, there are times when a workplace injury can result in a personal injury claim. Because the lines can get blurry, the best way to find out your legal options is by consulting with a knowledgeable workers’ compensation attorney.

No Fault in a Workers’ Comp Claim

One major distinction between a workers’ compensation claim and a personal injury claim surrounds the issue of fault.

If you’re injured on the job, you may obtain workers’ comp benefits regardless of who is at fault for the injury. Not so in a personal injury claim — you can only recover compensation if you can prove that someone else’s negligence caused your injury.

Different Damages in a Personal Injury Claim

The types of compensation you are able to collect are also different when comparing personal injury and workers’ comp claims.
In a workers’ compensation claim, your employer’s insurance company will provide payment of your medical bills, a percentage of your lost wages, and disability benefits while you recuperate.

However, a workers’ comp claim will not pay for pain and suffering or provide for punitive damages against a party for especially gross misconduct. Those types of damages can be sought in a personal injury claim, along with coverage of medical expenses, lost income, and more.

Are All Work Injuries Eligible for Workers’ Compensation?

Not every injury that occurs at work will be covered under the employer’s workers’ compensation insurance. For example, insurers may refuse to pay if they believe the worker deliberately caused their injuries or was intoxicated at the time of the accident.

There are other times when a workers’ compensation claim is legitimate, but a worker also has a valid personal injury claim. These are known as third-party claims because they are filed when someone else (not the employer) causes an injury. For example, if a warehouse worker is injured by a piece of defective equipment, he or she could file a personal injury claim against the manufacturer that created the faulty equipment.

How Can Stewart Law Offices Help Me?

Need help figuring out whether you have a workers’ compensation or personal injury claim? Talk to the experienced attorneys at Stewart Law Offices today. Our law firm is staffed with accomplished personal injury lawyers and workers’ compensation attorneys who can advise which type of claim might be appropriate for you.

Call or contact us today for a free consultation.

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Monday, March 16, 2020

Stewart Law Offices COVID-19 Update

You Don’t Need to Leave the House to Meet with Our Lawyers.

Concerned About Coronavirus?

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Stewart Law Offices we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our health care system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure. (Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorneys remain available to talk about your legal issues over the phone or via free video conferencing services such as:

  • GoToMeeting
  • Facetime
  • Skype
  • Zoom

If you are ready to speak with a lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

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Three Attorneys Given Rising Star Award by Super Lawyers

Stewart Law Offices is proud to announce that three of its personal injury attorneys have been named to the 2019 Rising Star list by Super Lawyers.

Attorneys Sam Bass, Tyler Bathrick, and Stephen Vicari II are among only 2.5 percent of young attorneys nationwide who are chosen for the honor. It recognizes attorneys for excellence in practicing law and is based on peer nominations, third-party research, and a final approval by a panel of attorneys. To qualify, lawyers must be 40 years or younger and in practice for less than 10 years.

Super Lawyers is a rating service that performs an annual review of outstanding attorneys in each state. The purpose is to help people who are searching for an attorney to find one with the high level of competency and skill that they are looking for.

The Super Lawyers and Rising Stars lists are published in Super Lawyers Magazines nationwide and in other publications across the country.

About Sam Bass

Attorney Sam Bass

Sam Bass works in the Spartanburg, S.C. location of Stewart Law Offices. A 2008 graduate of the University of South Carolina School of Law, Bass represents clients in personal injury, workers’ compensation, motor vehicle accident, and wrongful death cases.

In addition to being designated a Rising Star, Bass has been named as one of the “Top 40 Lawyers Under 40” by The National Trial Lawyers. He has also earned a superb score by the online legal directory Avvo.

Bass is a graduate of the S.C. Bar’s Leadership Academy and a member of its House of Delegates. From 2015-2017, he served as the Seventh Circuit Representative of the Young Lawyers Division. In 2019, Bass also expanded his legal services by becoming a certified mediator.

About Tyler Bathrick

Attorney Tyler Bathrick

Attorney Tyler Bathrick represents clients in Stewart Law Offices’ Rock Hill office. Bathrick has extensive experience handling workers’ compensation claims in South Carolina. He trained under two former members of the state’s Workers’ Compensation Commission and has assisted hundreds of deserving South Carolinians in resolving workers’ compensation disputes.

A 2006 graduate of the University of South Carolina School of Law, Bathrick has an excellent rating by the legal directory Avvo and is a member of the York County Bar Association and the Injured Workers’ Advocates.

About Stephen Vicari II

Attorney Stephen Vicari

Stephen Vicari II is based in the Columbia location of Stewart Law Offices, where he represents clients in personal injury, workers’ compensation, auto accidents, and other legal claims.

A South Carolina native, Vicari joined the U.S. Navy following the 9/11 terrorist attacks and went on the earn his law degree at the University of South Carolina School of Law in 2015. Vicari was named one of the “Top 40 Lawyers Under 40” by The National Trial Lawyers in 2018. He is also a member of the S.C. Association for Justice, American Association for Justice, and the Injured Workers Advocates.

Find High-Quality and Individualized Legal Services at Stewart Law Offices

Stewart Law Offices provides comprehensive legal assistance to injured clients in South Carolina and North Carolina. For more information about how our legal team can help you, contact us today.

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Friday, March 6, 2020

Who’s At Fault In A Self-Driving Car Accident?

Self-driving cars are widely considered to be the next great innovation in automotive safety. The idea is that autonomous cars will prevent crashes and injuries by eliminating the No. 1 cause of car accidents — human error. But who’s to blame when a driverless car is involved in an accident? So far, the answer’s not clear.

Right now, there are no laws regarding liability that specifically address autonomous vehicles. That’s a problem because the U.S. has already recorded fatal self-driving car accidents in several states.

Below, the South Carolina car accident attorneys at Stewart Law Offices have outlined some of the complicated liability questions that have been raised regarding self-driving cars.

Questions of Fault In Driverless Car Crashes

In a conventional South Carolina car accident, liability usually falls upon the at-fault driver. That person’s insurance company would therefore be responsible for paying compensation to the accident victim for any injuries. But with driverless cars, questions of fault get complex.

At this time, no self-driving vehicles are fully automated. Instead, a backup driver sits inside and is able to take over if a crash is about to happen. The eventual goal is for the self-driving car to be fully in control, but that’s still years away, according to the National Highway Traffic Safety Administration (NHTSA).

When someone is hurt in a crash caused by a self-driving car, determining fault depends on the cause of the collision.

Driver error

Human error is responsible for 94 percent of car accidents. Was the backup driver paying attention when the crash occurred? Investigations into a recent self-driving car accident in Arizona found that the driver did not have his eyes on the road in the moments before the collision. If the operator of the self-driving car was not being careful, he or she could be held liable.

Vehicle Malfunction

Just like today’s cars, autonomous vehicles can still experience malfunctions that could cause accidents. If the backup driver was monitoring the vehicle carefully and the car breaks down for some reason (e.g., brake failure), it’s possible that the manufacturer of the autonomous car may be held responsible for the crash.

Design Defect

Autonomous cars have complex computer software, sensors, cameras and other hardware that can control all aspects of the vehicle’s operation. Software bugs or other technological flaws that cause accidents could allow injured victims to sue the designers of the faulty technology.

Other Potentially Liable Parties

Keep in mind that there are other possible parties to blame in crashes involving self-driving cars. In accidents involving multiple vehicles, liability may need to be split among multiple drivers as well as the autonomous car’s driver and/or manufacturer.

Fault could also rest on a government entity if a failure to maintain the road or traffic signage contributed to the accident. For that reason, it will be critical to consult with a personal injury attorney who knows how to investigate complex car accident cases.

Demanding Compensation for Car Accident Victims

Stewart Law Offices represents car accidents victims in South Carolina and North Carolina. Our personal injury attorneys are paying close attention to the development of self-driving cars and how that will impact our clients in the future.

Need help now? Call or contact our experienced attorneys today.

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