Home Blog

The DNA of Medicare Fraud & the False Claims Act

0

Genetic Testing Laboratory Pays $2 Million to Settle Allegations of Medicare Fraud

The Justice Department announced a settlement last month with GenomeDx Biosciences Corp. (“GenomeDx”), a genetic testing laboratory based in Vancouver, British Columbia with offices in San Diego. GenomeDx agreed to pay nearly $2 million to resolve alleged violations of the False Claims Act. According to the complaint, GenomeDx committed Medicare fraud by submitting false claims for its “Decipher” post-operative genetic test. The Decipher test measures the activity of genes in prostate tumors to evaluate the risk of cancer recurrence.

Southern District of New York Federal Court Greenlights McEldrew Young’s False Claim Act Case Against Teva Pharmaceuticals for Trial Involving Allegations of Nationwide Kickback Scheme

0

Chief U.S. District Judge Colleen McMahon ruled on February 27th that a False Claims Act suit brought by two former employees of Teva Pharmaceuticals USA, Inc. will proceed to a trial on the merits.  In a detailed seventy-page opinion, the Court rejected numerous arguments asserted by Teva Pharmaceuticals USA, Inc. and two of its subsidiaries (“Teva”) in its motion for summary judgment.  The ruling preserves all of the relators’ claims asserted against Teva under the federal False Claims Act.

The High Price of Attempted Whistleblower Retaliation

0
The High Price of Attempted Whistleblower Retaliation

Barclays fined $15 Million for CEO’s Attempt to Identify Whistleblowers

The New York Department of Financial Services (DFS) issued a press release this past December  announcing a $15 million penalty against Barclays Bank PLC for violations of New York state banking laws. The sanctioned conduct involved Barclays CEO, James E. Staley, who attempted to discover the identity of an anonymous whistleblower or whistleblowers.  The saga began in 2016 when an anonymous person or persons sent two letters to a senior member of Barclays’ management.

5G Cancer Risks: Asbestos of a New Generation?

0
5G Cancer Risks: Asbestos of a New Generation?

The next generation of cell phone technology could pose serious cancer risks to the public

You have probably already heard about 5G and the plans to roll out the new technology over the next two years. 5G is the new fifth-generation wireless broadband technology that promises big improvements in bandwidth (projected speeds up to 50 or 100 times faster than current 4G networks), decreased latency (delay) times, energy efficiency, and greater network capacity. While the benefits of 5G have been widely touted by the telecom industry, there are potential downsides that have received scant media attention. The new 5G standard will require a massive investment to build new infrastructure to support the technology. More importantly, numerous studies suggest that 5G could expose the public to increased risks of cancer and other maladies.

When a Slip-And-Fall Leads To Wrongful Death

0

Personal Injury Lawyer

Slip-and-fall accidents are some of the most common accidents to occur. This is because there are many things that can cause it to happen, including uneven pavement, icy roads, unseen puddles, and upturned rugs. For some, a slip-and-fall accident may result in no injury or non-life threatening injuries, but for others, it may be mean wrongful death. If your loved one recently passed away after they sustained a slip-and-fall injury, you may be wondering if you can pursue a wrongful death lawsuit. Like any lawsuit, there are certain pieces of evidence that you must provide to a court and certain factors that must be present for your case to be successful.

What Should You Prove In This Lawsuit?

There are similar components you must prove for both the slip-and-fall injury and for bringing forth the wrongful death lawsuit. Just like you would for a personal injury claim after your loved one suffered a slip-and-fall accident, you must show that they were not at fault. For example, if your loved one was walking through a grocery store, tripped over their own feet, fell, and hit their head, they were likely the cause of their injury. If this case, you would not have had substantial evidence to bring forth a personal injury claim had your loved one survived. Thus, you likely would not have enough evidence for a wrongful death lawsuit either. On the other hand, if your loved one slipped on a wet puddle in the middle of the grocery store that had no warning signs, hit their head and later died because of these injuries, you likely have what you need for a lawsuit.

Components Of the Wrongful Death Lawsuit

You must present certain elements to have a successful wrongful death lawsuit. These are:

  • Your loved one died.
  • Their death was not their own fault but someone else’s negligence caused it.
  • The negligence directly caused your loved one’s death.
  • You or surviving family members are suffering in some way (typically financially) because of their death.

With the above example, the components would be that your loved one slipped and sustained injuries due to the negligence of the store manager or staff, died because of these injuries, and you and other family members are suffering for various reasons because of their death.

What Kind Of Damages Can Someone Claim?

When your loved one was the victim of wrongful death after a slip-and-fall, there are certain damages you can claim. Some of these are:

  • Burial and funeral expenses
  • Medical bills prior to your loved one’s death
  • The loss of the victim’s income
  • The loss of the victim’s benefits
  • The loss of consortium or love
  • The pain and suffering your loved one went through before dying
  • A loss of companionship

Why Slip-And-Fall Accidents Are So Dangerous

Many people walk away from slip-and-fall accidents without a scrape. Others may have mild injuries. Slip-and-fall accidents are particularly dangerous because brain injuries (like concussions or hemorrhages) may not have any signs until it is too late. If your loved one died after a slip-and-fall accident, don’t hesitate any longer in seeking help from a compassionate attorney, like a personal injury lawyer in Melbourne, FL

Thanks to our friends and contributors from The Law Offices of Arcadier, Biggie, & Woods for their insight into personal injury and wrongful death.

Can I Get a Settlement with 3M for Hearing Loss Caused by Combat Earplugs?

0

3M Combat Earplug Hearing Loss Claims

 

In July 2018, the popular company, and brand 3M, was ordered to compensate victims of hearing loss and tinnitus by the U.S. Department of Justice. The lawsuit was filed by a whistleblower, and later on the D.O.J., for selling the government defective earplugs which were used by millions of deployed military personnel. To date, a very large number of veterans have suffered from hearing loss and tinnitus which was likely caused by 3Ms Combat Arms Earplugs (CAEv2).

 

Is a Settlement with 3M for Hearing Loss Caused by Combat Ear Plugs Available for You?

If you are a U.S. military veteran, a current service member, or a military contractor, and you used 3Ms Combat Arms Earplugs (CAEv2), it may be possible to file a lawsuit against the company. McEldrew Young is currently reviewing cases that involve 3M earplug claims.

If the following apply to you, please call us as soon as possible:

  • You were on active duty in foreign combat zones between 2003 and 2015.
  • You used 3Ms Combat Arms Earplugs (CAEv2).
  • You have been diagnosed with temporary,, long term, or permanent hearing loss or tinnitus while you served or after.

 

A settlement with 3M for hearing loss caused by Combat earplugs may be available to cover:

  • Medical care
  • Hearing aids
  • Treatment to improve your hearing
  • Loss of income
  • Pain and suffering
  • Temporary or permanent damages
  • + More

 

How Does 3Ms Combat Arms Earplugs (CAEv2) Cause Damage to the Ears

3Ms Combat Arms Earplugs (CAEv2) were originally created by Aearo Technologies, Inc. In 2008, 3M acquired the company and its employees. According to the lawsuit, Aearo knew about the defective earplugs as early as 2000. It was also claimed that Aearo was manipulating test results in order to meet the strict standards of the U.S. Government.

 

In 2003, Aearo was able to convince the government to purchase the earplugs, via military contract, for U.S. military personnel. Troops in all branches of the U.S. Military were issued these ear plugs. Those were were in combat zones like Iraq or Afghanistan expected these ear plugs to block out loud noises like gunfire, aircraft, and explosions. Consequently, the 3Ms Combat Arms Earplugs (CAEv2) did not work in the way they were supposed to; thereby, allowing dangerous levels of sounds to penetrate through the ear canal and into the eardrum, leading to:

 

  • Partial or full hearing loss
  • Tinnitus
  • Chronic tinnitus

 

The U.S. Department of Veterans Affairs has said that there is a sharp increase in hearing related problems in service personnel. Over 1 million people have been diagnosed with hearing loss and nearly 2 million with tinnitus. This is likely to be attributed to 3Ms Combat Arms Earplugs (CAEv2).

 

If You Have Suffered from Hearing Loss or Tinnitus while Serving in U.S. Combat Zones, Call McEldrew Young

Even though you might have worn the 3M earplugs many years ago, it may be possible to recover compensation. The first thing you should do is to contact a lawyer for 3M Combat Arms Earplugs lawyer as soon as possible.

What should I know about the lawsuit for 3M earplug hearing loss?

0

Earplug Hearing Loss Lawyers

 

McEldrew Young is currently accepting case reviews for any U.S. service member who was on active duty between 2003 and 2015 and suffered from hearing loss or tinnitus. For a free case review with a 3M defective earplugs lawyer, please call us today or complete the form on this page.

 

If you’ve been following up with recent media, you might have heard about the recent $9.1 milion agreement by 3M to compensation victims of hearing loss. The following is a brief overview about what you should understand.

 

The Problem

The lawsuit, initially filed by a whistleblower and later joined by the U.S. Department of Justice, claimed the  Combat Arms Earplugs (CAEv2) made by 3M were knowingly defective because they can become loose while being worn; thereby, exposing the wearer to dangerous limits of sounds. This can result in temporary, long term, or permanent hearing loss.

 

3M Agrees to Pay $9.1 Million in Settlements

 

In July 2018, 3M agreed to pay back the government and a settlement worth $9.1 million to veterans. The agreement concluded the end to the lawsuit and resolved allegations against the company which involved them knowing about the product defect, failure to properly instruct the wearer, and manipulating initial testing.  

 

The U.S. Department of Defense alleged that 3M was aware of the  Combat Arms Earplugs (CAEv2) being too short. This made it difficult for some of the wearers to fit the earplug adequate into the ear canal. According to the lawsuit 3M, and the initial maker Aearo, had been aware of the defect as early as 2000, but hide their knowledge from the government.

 

What Might Happen and Who is At Most Risk?

 

When the earplugs did not fit properly, sounds from explosions, aircraft, machinery, and gun fire may have entered into the ear canal; thereby causing:

 

  • An ongoing ringing in the ear (Tinnitus)
  • Hearing loss
  • Deafness

 

Who Used the  Combat Arms Earplugs (CAEv2)?

 

In 2003, 3M secured a contract with the Department of Defense worth millions of dollars. The contract agreed to supply all branches of the military with Combat Arms Earplugs (CAEv2). The earplugs were standard issue to service men and women who were involved in:

 

  • The Iraq War
  • The War in Afghanistan
  • The War in North-West Pakistan
  • The War in Somalia
  • Operation Ocean Shield
  • The Libyan Crisis
  • The American-led Intervention in Syria
  • The Yemen Civil War

 

All branches of the U.S. military wore these earplugs while in the above areas.

 

Has Your Hearing Been Damaged by Potentially Defective Earplugs?

According to the Veterans Affairs, hearing loss and hearing related problems is one of the most common long term medical conditions that military service members are facing. The consequences of hearing loss can be devastating and exacerbate the symptoms of PTSD and depression.

3M Earplug Lawyer

McEldrew Young is currently working with U.S. veterans who suffered hearing loss between 2003 and 2015. If you believe you wore these earplugs while station abroad, in combat zones, and you have hearing loss or tinnitus, we encourage you to call us for a free case review.

 

I suffered hearing loss while serving in Iraq or Afghanistan. Could I have a claim against 3M for their defective earplugs?  

0

Hearing Loss Caused by 3M Earplugs

 

In 2018, 3M settled a case against the U.S. Department of Justice. This case involved their 3M Combat Arms Earplugs (CAEv2) which were found to be defective, but worn by all branches of U.S. Military personnel who served in Iraq and Afghanistan.

 

In 2017, 1.9 million veterans were diagnosed with Tinnitus; another 1 million had suffered from hearing loss. According to the Department of Veterans Affairs, there has been a significant increase in hearing related problems over the last decade or so. This is likely related to the defective earplugs made by 3M.

 

3M Combat Arms Earplugs (CAEv2)  were worn by service men and women in the Army, Airforce, Marines, Navy, and other branches of the U.S Military between 2003 and 2015. Since this time, millions of veterans who were protecting the country have complained of hearing loss and a constant ringing in their ears.

 

Right now there are many veterans who think they cannot file a lawsuit against 3M because they have exceeded the time limits. Because the settlement was only reached and agreed to in 2018, it is certainly possible that anyone on active duty in the U.S. Military between 2003 and 2015, and who wore the 3M Combat Arms Earplugs (CAEv2), may be entitled to monetary compensation. A 3M defective earplugs lawyer from McEldrew Young should be sought as soon as possible.

 

How Are the 3M Combat Arms Earplugs (CAEv2) Defective?

 

3M Combat Arms Earplugs (CAEv2) are dual ended which means the wearer should have been protected in two different ways. One end fits into the canal of the ear and blocks out noises such as gunfire and explosions. The outer end sits outside of the ear canal and blocks noise before it enters the canal.

 

It was found, after investigation and a whistleblower claim, that the side of the earplug to fit inside the ear canal was too short. Once inside, it loosened and exposed the wearer to any surrounding noises. The loosening of the earplug was not noticeable which is why millions of personnel continued to wear them and thought their hearing was protected.

 

In combat zones, the noises are often intense and may include ongoing explosions, gunfire, machinery, and flying aircraft. Being subjected to these types of noises for extended periods of time can cause hearing loss and tinnitus. Conditions like these may be long term or permanent and are affecting millions of military personnel who were protecting the country. Now many of these veterans may be able to file a lawsuit against 3M for damages to cover pain and suffering.

 

Even though some veterans may not have used these earplugs in over a decade, it is possible to get legal advice on whether or not the ability to file a claim is an option. If you or someone you know wore CAEv2 earplugs by 3M, you should consult a 3M defective earplugs lawyer from McEldrew Young as soon as possible.

 

Can I file a lawsuit for 3M earplug hearing loss?

0

Lawsuit for 3M Earplug Hearing Loss

If you were an active duty member in any of the branches of the U.S. military between 2003 and 2015, you wore dual sided Combat Arms Earplugs made by 3M, and lost some or all of your hearing, you may be able to file a claim for monetary compensation through a lawsuit for 3M earplug hearing loss. To speak with a 3M defective earplug lawyer, please call McEldrew Young.

 

I Wore Combat Arms Earplugs While In the U.S. Military. How Do I Know If I was At Risk for Hearing Loss?

The reasons 3M has been ordered to compensate injured veterans is because they were contracted by the U.S. Defense to provide active duty personnel with earplugs that blocked out dangerous levels of sounds in combat zones. The problem is that these ear plugs were defective. Rather than keeping the military personnel’s ear canals and ear drums safe, the earplugs were too short to be inserted into the ears properly. This caused them to be unknowingly loosened, or in other words dislodged. Because of this, some people were exposed to dangerous levels of soundwaves.

 

Most people will be aware of all of some of their hearing loss; however, some might not have been diagnosed with the condition. In general, if you notice sensitivity in the ears, ringing in the ears, or distortions of sound, you should see a doctor for a hearing test. If you are diagnosed with hearing loss or tinnitus (ringing in the ears), and you believe you used these 3M earplugs between 2003-2015, it is possible that you may recover compensation through a lawsuit for 3M earplug hearing loss.

 

You should turn to a 3M defective earplug lawyer for further advice.

 

Did 3M Know?

According to a statement released by the U.S. Department of Justice, the corporation 3M has agreed to pay out $9.1 million in claims through lawsuits for 3M earplug hearing loss because they allegedly knew they were selling the defective earplugs to the United States Government. They also failed to disclose the product defect that reduces the effectiveness of the earplugs. The statement also disclosed that 3M was aware of the defect since 2000; however, continued to contract them to the military.

 

The Department of Veterans Affairs has also said that there has been a significant increase in both tinnitus and hearing loss claims made by veterans. What this means is that the safety of millions of U.S. servicemen and woman could have been compromised in favor of profits made by corporations. Nothing might be more displeasing than learning about this which is why you should consult a lawyer to find out how you can get justice through lawsuit for 3M earplug hearing loss.

 

At this time, 3M has paid back the government, but they have not reimbursed the injured veterans who might never hear normal sounds again. The company has been ordered to pay their victims, but it will be up to the victim to pursue compensation. 3M does not have to reach out to every veteran who suffered hearing loss. What this means is that if you have suffered hearing loss while in the U.S. military between 2003 and 2015, you should not delay in reaching out to a 3M defective earplugs lawyer to potentially pursue a lawsuit for 3M earplug hearing loss.

 

What do I need to know about 3M combat earplug hearing loss claims?

0

Earplug Hearing Loss Lawyers

3M combat earplug hearing loss claims can raise a lot of questions for those who were injured from this defective product while serving in the United States military. When a whistleblower came forward recently, they revealed that 3M sold a particular brand and model of combat earplugs to the armed forces that were defective. From 2003 to 2015, the Combat Arms Earplugs Version 2 CAEv2 are dual-ended and two-colored earplugs that 3M sold while knowingly aware that they offered no protection to wearers.

 

Though the Combat Arms Earplugs Version 2 have since been discontinued, but they were responsible for many instances of hearing loss and deafness among military service members. This includes:

 

  •         Veterans of the Iraq and Afghanistan wars
  •         Air Force personnel
  •         Navy personnel
  •         Military personnel
  •         Reserve personnel who were stationed in the U.S. but fired weapons during training

 

Is There Compensation Available to Those Injured by 3M Combat Earplugs?

McEldrew Young works with individuals who suffered serious health issues or conditions as a result of using a defective product. We represent victims (plaintiffs) in 3M combat earplug hearing loss claims. These claims are filed against 3M, not the U.S. government or the U.S. military. Upon a successful claim, the injured service member who served between 2003 and 2015 may receive a substantial amount of compensation for their damages. Their damages might include ear surgery, medications, pain and suffering, and much more. For those who suffered permanent damage that cannot be reversed or heal completely, they may be eligible to receive the larger settlements.

 

What Were the 3M Combat Earplugs Used For?

3M was the only contractor authorized to supply the U.S. military with the combat earplugs. This is why the combat earplug hearing loss claims are focused on 3M. They sold millions of these earplugs to the military and as such, a substantial number of service members were possibly injured as a result of using them. The earplugs were dual use:

 

  •         One end of the earplugs, when inserted into the ear, was intended to block general sounds much like traditional earplugs for non-military use.
  •         The other end of the earplugs, when inserted into the ear, was intended to block loud sounds such as gunfire, rocket launchers, bombs, etc. but still allow the wearer to hear spoken communication in the nearby vicinity.

 

What Was the Nature of the Earplugs’ Defect?

The nature of the defect was that the earplugs loosened in the wearer’s ear. That loose fit allowed sounds to penetrate the earplugs and damage the wearer’s ear canal, causing damage or complete deafness. The original manufacturer of the earplugs had tested the earplugs and determined that they had a noise reduction rating of 0 instead of the 22 that they claimed to customers, and 3M (the company that purchased the original manufacturing company) admitted to knowing this.

 

How Can a Lawyer Help?

McEldrew Young represents victims who suffered ear damage as a result of using the defective earplugs. To learn more about whether or not you are eligible to join 3M combat earplug hearing loss claims, call our office today to request a free consultation.

 

Call Now