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Balkan & Patterson files class action lawsuit against American Home Shield for unlawful claim denials.

Paris — Wed, 01 May 2013 17:29:10 +0000

Have you brought a claim under your American Home Shield warranty only to have your claim denied? If so, you are not alone.

American Home Shield (“AHS”) is a home-service warranty provider specializing in “home protection plans.” AHS represents that its home warranties cover the repair and replacement needs of home appliances and systems. AHS customers who purchase warranties are promised prompt and quality service from the company’s employees and service contractors. Unfortunately, our investigation has revealed that this has not been the case for many homeowners.

A typical AHS customer will pay between $500 to $600 annually for a warranty which, they assume, will cover their home systems and appliances in the event of a malfunction or breakdown. When appliances covered under the contract break down, AHS will charge its customers a service fee to have a contractor come out and diagnose the condition. After receipt of the service fee, AHS’s service contractors, in many cases, will misdiagnose the cause of the failure subsequently resulting in a claim denial based on ”improper maintenance,” “misuse,” “failure to clean,” or “preexisting condition,” all terms which fit comfortably within the exclusionary provisions of AHS’s warranty contracts. Consumers who call to inquire further into the denial of their claim have complained that they are sent from call center to call center to no avail. In addition, refunds of premiums are virtually impossible.

The attorneys at Balkan & Patterson, LLP, have filed a nationwide class action seeking compensation for consumers who have been adversely affected by AHS’s alleged unlawful practice of wrongfully denying claims. If you reside anywhere in the United States and were denied coverage pursuant to a home warranty contract by American Home Shield between October 20, 2009 to the present, please contact us at (561)-750-9191 and we will review your case at no charge.

The law firm of Balkan & Patterson, LLP was founded in 2006 and is headquartered in Boca Raton, Florida, at 601 S. Federal Highway, Suite 302, with offices in Broward County. Additional information about Balkan & Patterson, LLP may be obtained from the firm’s website at www.balkanpatterson.com.

Law Firm Secures Settlement for Special Needs Student in Lee County

chrissy — Tue, 02 Apr 2013 04:34:56 +0000

The personal injury and abuse law firm of Balkan & Patterson successfully secured a settlement of $200,000 on Friday, March 8, for a family whose child was physically abused by his kindergarten teacher at Gulf Elementary School in Lee County, FL.

“We have achieved justice for our clients, but the damage done to this child was unthinkable,” said the family’s attorney, Adam Balkan. Balkan, a board certified civil trial attorney, handles a variety of special needs child abuse cases throughout the state of Florida. “At the very least, we have protected other unsuspecting families and children from a similar fate.”

Several local media outlets covered the settlement, including The Cape Coral Breeze, The Naples Daily News, The Fort Myers News-Press, the Marco Island News, along with ABC Channel 7 Fort Myers Port Charlotte.

The child, whose name and age are withheld to maintain privacy, is a low functioning, non-verbal special needs student with very limited abilities to communicate with his parents or the outside world. While a student in the classroom of Catherine Hile, his teacher, she subjected him to physical violence and abuse. Hile’s actions were seen by a number of teachers’ aides, who reported the abuse to the school’s administration. Our investigation uncovered Hile’s history, which showed she was unfit to teach these children.

“When a parent or a family makes a decision to enroll their child in a school, they expect it to be a safe haven away from harm where good habits, behaviors and life skills are learned. Unfortunately for our client, this was not the case. He suffered violence from the very person who was supposed to care for him – not to mention the responsibility the school board had to protect him,” Balkan said.

The school board was aware of should have been aware of Hile’s lack of fitness, yet she remained in her classroom and continued to abuse our client. It was not until near the end of the school year that she was removed from her position. She had a prior history of complaints of violence toward students at another school, and the School Board of Lee County failed to properly evaluate and supervise this teacher.

This lawsuit was filed in the United State District Court, Middle District of Florida, Fort Myers Division, and the court has approved the settlement.

Balkan & Patterson, LLP was founded in 2006 and is headquartered in Boca Raton, Florida, at 601 S. Federal Highway, Suite 302. All of the firm’s partners are board certified civil trial attorneys, a distinction that fewer than 1 percent of attorneys in the state have achieved.

Mr. Balkan can be contacted at (561) 750-9191. Additional information about Balkan & Patterson, LLP may be obtained from the firm’s website atwww.balkanpatterson.com.

Lancome USA’s Products Are Being Marketed Without Prior Approval From The FDA

Paris — Thu, 27 Sep 2012 17:16:50 +0000

The Food and Drug Administration (FDA) recently reviewed Lancome USA’s website and determined that certain products, including but not limited to; Genifique Youth Activating Concentrate, Genefique Eye Youth Activating Eye Concentrate, Genefique Cream Serum Youth Activating Cream Serum, Genifique Repair Youth Activating Night Cream, Absolue Precious Cells Advanced Regenerating and Reconstructing Cream SPF 15 Sunscreen, are being promoted for uses that cause these products to be considered “drugs” under section 201(g)(1)(C) of the Federal Food, Drug, and Cosmetic Act (the “Act”). The claims on Lancome’s website indicate that these products are intended to affect the structure or any fuction of the human body, rendering them drugs under the Act. According to the US Food and Drug Administration, the marketing of these products with these claims evidencing these intended uses violates the Act. The FDA further stated that these products are not generally recognized among qualified experts as safe and effective and, therefore, the products are new drugs as defined under the Act. According to the FDA, a new drug may not be legally marketed in the U.S. without prior approval from the FDA in the form of an approved New Drug Application (NDA). The attorneys at Balkan & Patterson, LLP are experienced in class action litigation and will act to protect consumers against corporate wrongdoers. If you believe you have potential for a class action, please contact us immediately and we will review your case at no charge.

The law firm of Balkan & Patterson, LLP was founded in 2006 and is headquartered in Boca Raton, Florida, at 601 S. Federal Highway, Suite 302, with offices in Broward County. Mr. Balkan and Mr. Patterson can be contacted at (561) 750-9191. Additional information about Balkan & Patterson, LLP may be obtained from the firm’s website at www.balkanpatterson.com.

Special Needs School Employee Charged with Abuse of Special Needs Student in Broward County

chrissy — Sat, 18 Aug 2012 22:04:03 +0000

August 17, 2012 – Broward County, FL – An employee of an alternative education school in Davie has been released from jail on bond after being charged with two counts of child abuse.

Allegedly, the school employee, David Baier, mistreated the student for being disruptive during a school field trip. Baier is accused of taking the child’s chair away and forcing him to stand, which caused the child to crouch down toward the floor. Baier is alleged to have pulled the boy’s hair to force him to stand, and then grabbed his hair again, throwing him to the ground and pinning him there for several seconds.

The incident was recorded on video, according to authorities. The child complained that his head was sore, and the video was reviewed by officials involved in the incident.

“This is an alternative school, specially designed for students with autism and special needs students who need alternative education. If you can’t trust an institution like this, who can you trust?” said Adam Balkan, a Boca Raton and Broward County attorney who is experienced in handling cases involving autism and special needs abuse of child, specifically in schools.

Any parents with concerns that their child has experienced similar treatment in school are asked to contact the Davie Police department. For any legal questions regarding abuse in schools, autism abuse or abuse of a special needs student, we encourage you to ask the experienced law firm of Balkan & Patterson. Our attorneys have handled a number of cases involving autism and special needs student abuse, and we are here to help. For additional information, please contact us or call us at 561-750-9191.

Local Hospitals Alleged To Have Performed Cardiac Procedures in Patients Who Did Not Need Them

Paris — Thu, 09 Aug 2012 18:04:22 +0000

Have You or a Loved One Received Cardiac Work in Florida?

If you or a loved one received cardiac work in Florida, you should be aware that a breaking news article has reported that some local facilities owned by hospital giant HCA performed cardiac procedures in patients who did not need them as a way to increase profits. The New York Times is reporting that several cardiologists at these facilities could not justify many of the cardiac catheterizations and stent placements they performed between 2002 and 2010 – but performed these procedures nonetheless. Lawnwood Regional Medical Center, Regional Medical Center Bayonet Point and Cedars Medical Center, which HCA no longer owns, are among the hospitals which reportedly engaged in these practices, according to the Times. The article also stated that Kendall Regional Medical Center and Palms West Hospital administered “questionable treatment” in patients without heart disease, according to an HCA review examined by the Times.

Cardiac catheterization and stent procedures cost between $10,000 and $15,000 and contribute significantly to hospital revenue. In 2006, HCA was taken private by a handful of private equity firms, who by 2010, were looking to cash out of their investment, the Times reports. As the hospital chain readied itself for an initial public offering (IPO), it reportedly borrowed to pay these firms more than $4 billion in dividends. HCA’s ability to make these financial moves reportedly hinged on its ability to continue to make significant monetary gains at its hospitals. According to the New York Times, the company “turned, in part, to cardiac care.” The article calls HCA’s cardiology practice a “lucrative business,” naming Lawnwood Regional Medical Center’s cardiac catheterization lab a “financial juggernaut”; the lab reportedly accounted for 35% of the hospital’s net profits.

If you or a loved one’s medical procedure was unnecessary, you may be entitled to financial compensation. To learn more about your eligibility to collect monetary damages, please contact the attorneys at Balkan & Patterson, LLP, and we will review your case at no charge.

Kraft and Cadbury Face Class Action

Paris — Tue, 19 Jun 2012 15:15:27 +0000

A putative class action lawsuit was recently filed against Kraft Foods Global, Inc., and Cadbury Adams USA LLC in the U.S. District Court for the Northern District of California alleging that the defendants deceived consumers over the health benefits of Trident, Dentyne, Halls cough drops, and other hard candy products. The lawsuit alleges that Kraft and Cadbury failed to include disclaimers on their product packaging informing consumers that the sweets contained within are not low in calories and do not help with weight control because all of them contain more than the 40 calories per 50 grams, which is the maximum amount allowed under federal law when making health claims. The Plaintiff further alleges that the defendants’ sugar-free gums contain more than 80 calories per 50 grams, their product labeling does not include any of the required FDA disclosures: “not a reduced calorie food,” or “not for weight control.” Plaintiff also claims that Kraft and Cadbury ignored FDA guidance letters sent to the food industry warning the industry about using deceptive “sugar free” claims or deceptively advertising serving sizes in order to mislead consumers into thinking that the products contain low calories and low sugar, arguing that they designed their “business models and marketing strategies” on “sugar free” and “sugarless” claims to promote the health benefits of their products to meet “consumer demand for sugar free, low-calorie food . . .” Based on these allegedly deceptive strategies, plaintiff argues that Kraft and Cadbury unlawfully “misbrand” their products in violation of federal and unfair business acts and practices and deceptive advertising laws, along with violations of California’s Consumer Legal Remedies Act, Song-Beverly Act, and Magnuson-Moss Warranty Act. On behalf of herself and all class members, plaintiff seeks to enjoin the challenged advertisements and product labeling and seeks restitution, disgorgement, punitive damages, interest, attornes’ fees and costs. The attorneys at Balkan & Patterson, LLP are experienced in class action litigation and will act to protect consumers against corporate wrongdoers. If you believe you have potential for a class action involving deceptively labeled foods and products, please contact us immediately and we will review your case at no charge.

Dog Treat Dangers – Chicken Jerky From China Is Harmful To Pets

Paris — Mon, 04 Jun 2012 14:47:47 +0000

The government has issued multiple warnings about certain brands of dog treats and their potential dangers. Most pets in loving homes are given treats on occasion, but chicken jerky from China is anything but a treat. Chicken jerky treats from China have caused vomiting, diarrhea, blood loss and similar problems with dogs and other pets. Since 2007 the Food and Drug Administration has issued warnings about a potential association between development of illness in dogs and the consumption of chicken jerky products. Among the products are chicken tenders, strips or treats imported to the U.S. from China. The FDA has received 900 complaints in just the last six months, yet there has been no recall. Pet owners are asking, why are they still on the market? Why are they still on the shelf? These products are being sold under several different brand names and on shelves that contain no warning or indication that the imports could be a problem for pets. The FDA says its scientists have not been able to determine a definitive cause for the illnesses. Reports say that the FDA sent scientists to China to investigate. Despite the government warnings and news stories about them, many pet owners still have no idea about the risks associated with the treats. The packages should indicate they are from China, but in some cases it takes searching to find that information on the bags. The attorneys at Balkan & Patterson, LLP are experienced in class action litigation and will act to protect consumers against corporate wrongdoers. If you believe you have potential for a class action, please contact us immediately and we will review your case at no charge.

FDA challenges marketing of DMAA products for lack of safety evidence

Paris — Wed, 16 May 2012 14:44:45 +0000

The U.S. Food and Drug Administration has issued warning letters to at least ten manufacturers and distributors of dietary supplements containing dimethylamylamine, more popularly known as DMAA, for marketing products for which evidence of the safety of the product had not been submitted to the FDA. Also referred to as dimethylamylamine, methylhexanamine, or geranium extract, the ingredient is in dietary supplements and is often touted as a “natural” stimulant. Before marketing products containing DMAA, manufacturers and distributors have a responsibility under the law to provide evidence of the safety of their products. They haven’t done that and that makes the products adulterated. Specifically, the warning letters cite the companies for marketing products for which a notification had not been submitted for the use of DMAA as a New Dietary Ingredient (NDI). Under current law, dietary supplement manufacturers or distributors who use certain dietary ingredients not marketed in a dietary supplement prior to October 15, 1994, are responsible for notifying the FDA of evidence to support their conclusion that their dietary supplements containing NDIs are safe. Manufacturers or distributors must submit notification at least 75 days before marketing their products. The companies warned were marketing products for which this requirement had not been met. The FDA warning letters also advised the companies that the agency is not aware of evidence or history of use to indicate that DMAA is safe. Under the Dietary Supplement Health and Education Act of 1994 (DSHEA), manufacturers, marketers and distributors of dietary supplements are responsible for ensuring that they are marketing a safe product. The FDA letters noted that DMAA is known to narrow the blood vessels and arteries, which can elevate blood pressure and may lead to cardiovascular events ranging from shortness of breath and tightening in the chest to heart attack. The agency has received 42 adverse event reports on products containing DMAA. While the complaints do not establish that DMAA was the cause of the incidents, some of the reports have included cardiac disorders, nervous system disorders, psychiatric disorders, and death. The agency additionally warned the companies that synthetically-produced DMAA is not a “dietary ingredient” and, therefore, is not eligible to be used as an active ingredient in a dietary supplement. The companies have a limited amount of time to respond to the FDA with the specific steps they will take to address the issues in the warning letters.

Some of the companies who were issued warnings include:

Exclusive Supplements – Product: Biorhythm SSIN Juice

Fahrenheit Nutrition – Product: Lean Flex

Gaspari Nutrition – Product: Spirodex

iSatori Global Technologies – Product: PWR

Muscle Warfare – Product: Napalm

Muscle Meds Performance Technologies – Product: Code Red

Nutrex Research – Products: HemoRage Black and Lipo- 6

SEI Pharmaceuticals – Products: MethylHex

SNI LLC – Product: Nitric Blast

USP Labs, LLC – Products: Oxy Elite Pro and Jack 3D

The attorneys at Balkan & Patterson, LLP are experienced in class action litigation and will act to protect consumers against corporate wrongdoers. If you believe you have potential for a class action involving DMAA or a similar product, please contact us immediately and we will review your case at no charge.

Balkan & Patterson Files Suit Against School Board of Lee County for Abuse of Special Needs Student

chrissy — Wed, 01 Feb 2012 01:43:12 +0000

The personal injury and abuse law firm of Balkan & Patterson filed a lawsuit this week against the School Board of Lee County on behalf of a family whose child was abused by his kindergarten teacher at Gulf Elementary School.

The child, whose name and age are withheld to maintain privacy, is a low functioning, non-verbal special needs students with very limited abilities to communicate with his parents or the outside world. While a student in the classroom of Catherine Hile, his teacher, she subjected him to physical violence and abuse. Hile’s actions were seen by a number of teachers’ aids, who reported the abuse to the school’s administration.

“The school had a responsibility to our clients and their child, which was to provide him with a safe, healthy environment in which to learn,” said attorney Adam Balkan. “However, this child, who is virtually helpless against the abuses he suffered, received nothing but inadequate care and was subjected to physical violence over an extended period of time.”

Despite the fact that the school board was aware of Hile’s actions, she remained in her classroom where she continued to abuse our client. It was not until the end of the school year that she was removed from her position. She had a prior history of violence toward students in other schools, and the School Board of Lee County failed to properly evaluate their teachers, provide sufficient training and an appropriate level of supervision.

“In addition to failing to take action to put an end to the mistreatment of our minor client, the school board has a duty to fully investigate the backgrounds of their employees to ensure they are qualified to work with special needs students. This did not happen with Ms. Hile,” Mr. Balkan said.

The attorneys of Balkan & Patterson have filed suit in the United State District Court, Middle District of Florida, Fort Myers Division. Mr. Balkan is a board certified civil trial lawyer and a partner in the law firm of Balkan & Patterson, LLP. The firm was founded in 2006 and is headquartered in Boca Raton, Florida, at 601 S. Federal Highway, Suite 302. Mr. Balkan can be contacted at (561) 750-9191. Additional information about Balkan & Patterson, LLP may be obtained from the firm’s website at www.balkanpatterson.com.

FDA Classifies Voluntary Physician Advisory Letter on Riata and Riata ST Silicone Defibrillation Leads as Class I Recall

Paris — Fri, 16 Dec 2011 15:35:57 +0000

St. Jude Medical, Inc., a global medical device company, recently announced that the U.S. Food and Drug Administration (FDA) has sent its voluntary medical device advisory letter to physicians instituting a Class I Recall regarding the performance of Riata and Riata ST Silicone Defibrillation Leads. The classification of this recall is part of the process that follows any medical device advisory issued by a device manufacturer to physicians. An estimated 79,000 Riata and Riata ST family of silicone leads remain active in patients in the U.S. The company stopped distributing the Riata and Riata ST family of silicone leads in December, 2010. The FDA has classified this recall as a Class I recall because of the potential risk of serious injury or patient death if affected devices malfunction. The clinical implications of externalized conductors in a defibrillation lead without electrical anomalies are not fully known or understood at this time. Externalized conductors can present as only a visual observation on x-ray or fluoroscopy without any associated clinical or device-related observations. If the electrical intergrity of a lead were to be compromised, failure to deliver appropriate therapy, or the delivery of inappropriate therapy, could potentially occur, and could lead to a serious adverse event or death. Reports to St. Jude Medical associated with extraction of a Riata lead with externalized conductors include two patient deaths and one serious injury (effusion requiring thoracotomy). In addition, one patient death and one serious injury in patients with externalized conductors were reported, but were determined not to be due to the presence of externalized conductors. The attorneys at Balkan & Patterson, LLP are experienced in class action litigation and will act to protect consumers against corporate wrongdoers. If you believe you have potential for a class action in relation to the performance of Riata and Riata ST Silicone Defibrillation Leads, please contact us immediately and we will review your case at no charge.