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Failure to remove architectural barriers

Many business and commercial property owners believe that they do not have to take any action simply because they have owned a building for a long time. This is where many businesses get caught by surprise by a disability access lawsuit.

It is a common belief that if a business owner does not make any improvements, he does not have to address architectural barriers. THIS IS NOT THE CASE.

Barrier removal is incumbent on all businesses regardless of modifications. Under the ADA, “existing facilities” must remove architectural barriers “where such removal is readily achievable,” meaning “easily accomplish-able and able to be carried
out without much difficulty or expense.” (42 U.S.C. §§ 12181(9), 12182(b)(2)(A)(iv).) This means that you MUST remove architectural barriers unless it is a hardship.

If removal of architectural barriers from an existing facility is not readily achievable, the facility must make its goods and services available to PWD through “alternative methods if such methods are readily achievable.”

If you cannot remove an architectural barrier because of a physical or financial difficulty, you are strongly advised to request a waiver from your local building department.

Please be aware that if you choose to use financial hardship as a reason to avoid barrier removal, your financial records can be requested by a court of law if you get sued.

Your best defense against access lawsuits is compliance.

Tags: access lawsuits, Barrier removal

Actos warning of bladder cancer side effects

Millions of people taking the diabetes drug Actos are now concerned over their health after recent warnings that long term use of the drug might be a contributing factor for bladder cancer.

In June of 2011, the FDA issued an Actos warning, cautioning patients that taking the drug for more than one year had been associated with an increased risk of bladder cancer.

The warning came after a study of more than 150,000 people by the French Medicines Agency indicated those taking Actos for more than a year could have a 40% greater risk of the disease. The FDA is also concluding a ten year study of its own into the safety of the drug, which has yielded worrisome midway results.

Unfortunately, the maker of the drug, Takeda Pharmaceuticals, failed to give any Actos warning about these cancer risks. Experts believe that 10,000 or more patients may have been affected as a result. Those injured by the defective drug have legal rights to seek a recovery.

If you or someone you love was diagnosed with bladder cancer after taking Actos, you could be entitled to substantial compensation to help with your condition. Contact us today to speak with an attorney about your legal rights.

Bladder cancer is a serious condition that can be fatal, but is considered very treatable if discovered early. Therefore it is important to monitor for Actos warning signs of bladder cancer such as:

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If you have any of these symptoms after taking Actos you should speak with your doctor immediately.

Treatment options for bladder cancer usually include chemotherapy, surgery, radiation, vaccines and immunotherapy, or even bladder removal. While no one should file a drug injury lawsuit unless a company caused their injury, you and your family shouldn’t face the burden of this condition alone.

An attorney can explain the research linking Actos to bladder cancer and how Takeda Pharmaceuticals has continued to earn billions selling the drug despite failing to give an Actos warning.

Attorneys with the Actos Litigation Group have helped thousands of families injured by defective drugs and are among the few who are fighting cases for Actos victims. These same attorneys are available to help with your case today.

Defective drug injury claims can be complex legal matters. Making sure your attorney is qualified for this type of case, has experience fighting large drug companies and has the resources to pursue your case can make all the difference in how you are compensated.

The Actos Cancer Center works with only the top drug injury attorneys and law firms in the country to make sure your case is handled properly.

Contact us today for more information on the warnings and side effects associated with Actos, as well as your legal options. We are available 24 hours a day to answer your questions and provide help.

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Accutane inflammatory bowel disease | accutane side effects

NJ Supreme Court Ruling Good News For Accutane Inflammatory Bowel Disease Lawsuits

Tracy Ray | March 20th, 2012

The New Jersey Supreme Court recently made a ruling that could directly benefit other Accutane lawsuits, as well as those involving ulcerative colitis and Crohn’s disease. The ruling relates to the statute of limitations in filing such a lawsuit.

The case in question was that of Kamie Kendall, who began taking Accutane when she was 12 to treat her acne. She subsequently was diagnosed with inflammatory bowel disease and ultimately had to have surgery to remove her colon. She filed a lawsuit against Accutane manufacturer Hoffman-LaRoche and its parent company, Roche, in December of 2005.

Jury awarded plaintiff 0.5 million, but Roche appealed

The jury awarded Kendall 0.5 million, but Roche appealed the verdict, claiming that Kendall had filed her lawsuit after the two-year statute of limitations had run out. The company pointed out that it had added inflammatory bowel disease warning to the drug’s label of side effects from Accutane use in August of 2003, and argued that adding that warning started the clock running on the two-year window to file Accutane inflammatory bowel disease lawsuits. Kendall’s lawsuit was filed in December of 2005, two years and four months after the warning was added.

NJ Supreme Court denies Roche’s claim

In its decision, handed down on February 27, 2012, the New Jersey Supreme Court disagreed with Roche, saying that although Roche added the warning to the label in August of 2003, there is no reason to presume that Kendall would have known about the risk of inflammatory bowel disease after Accutane use before December of that year, or realized that her ailments had been caused by the acne drug. Kendall’s case will now likely go back to court for a retrial.

The court’s reasonable flexibility regarding the statute of limitations is good news for the approximately 7,000 plaintiffs in the mass tort Accutane cases pending in the same court. Since Accutane users are generally young teenagers, and therefor minors, and some side effects take years to first manifest, it is significant that the court’s ruling does not support a single, inflexible window of opportunity to file these lawsuits.

Related Posts

  • Kendall Accutane Lawsuit is Timely, New Jersey Court Says
  • Plaintiffs Seek Justice After Generic Accutane Lawsuits Put on Hold
  • 3 Million Accutane Crohns Disease Case Remanded

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