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Oct 29 2009

Reglan Side Effects

Reglan (Metoclopramide) is used to treat Gastroesophageal Reflux Disease, acid reflux disease and heart burn. While most Reglan side effects are minor, some patients have experienced serious side effects, including tardive dyskinesia, which involves involuntary, repetitive movement. Some metoclopramide side effects, such as Neuropleptic Malignant Syndrome, can be fatal while others are permanent. Two studies have found that the risk of Reglan tardive dyskinesia is as high as 29 percent in long term Reglan patients. 

Reglan (Metoclopramide) is used to treat Gastroesophageal  Reflux Disease (GERD), heartburn and acid reflux disease. Although most side effects are temporary, a side effect that allegedly can be permanent, is Tardive Dyskinesia.

Tardive Dyskinesia is characterized by repetitive, involuntary, purposeless movements such as grimacing, tongue protrusion, lip smacking, puckering and pursing, and rapid eye blinking. Rapid movements of the arms, legs, and trunk may also occur. Impaired movements of the fingers may appear as though the patient is playing an invisible guitar or piano.

The FDA has only approved Reglan for short term use (4 to 12 weeks), but approximately 30% of patients are being prescribed the medication for 12 months or longer, which can result in tardive dyskinesia.

Although the labeling mentions tardive dyskinesia as a possible side effect, it claims the occurance is rare. However, two studies have determined that 27 to 29 percent of long term users of Reglan come down with tardive dyskinesia.

Tardive is a horrible, devastating syndrome that can last a lifetime. It affects victims physically, mentally, socially, emotionally and vocationally. It can cause involuntary movements of the tongue, mouth, face, lips and even arms and legs.

Other serious Reglan side effects are Neuropleptic Malignant Syndrome (NMS), which is often fatal. Patients can develop NMS after only short exposure to a drug. NMS symptoms include high fever, sweating, unstable blood pressure, stupor, muscular rigidity and autonomic dysfunction. Symptons can appear within the first 2 weeks of taking a drug.

If you have taken Reglan for a long time, and have experienced the side effects of Tardive Dyskinesia or Neuropleptic Malignant Syndrome, please contact an attorney immediately to determing your rights to compensation.

 

Lawyers and Settlements 2009


Oct 27 2009

Grandparent Rights

 Every family is different. Ohio laws have recently recognized the limited rights of grandparents and their grandchildren. Protection of the child is always a priority. It is important to know your rights before making any decisions about your family.

Under Ohio law, a court can award visitation rights to a grandparent  during or after a domestic relations proceeding if the grandparent has aninterest in the welfare of the child and visitation is in the best interest of the child.  A court can also award visitation rights to a grandparent if a parentis deceased or the child’s mother was unmarried when the child was born. Before awarding grandparent visitation rights in Ohio, a court must considerall relevant factors, including all factors listed in statute. In 2000, the United States Supreme Court held that a Washington grandparent visitation statute was unconstitutional as applied in a particularcase because it infringed on the fundamental right of a parent to make decisions concerning the care, custody, and control of his or her child. However, a recent  Ohio Supreme Court case determined that this decisiondoes not apply to Ohio and held that the Ohio third-party visitation statutesare constitutional on their face.Grandparent visitation: when granted  Historically, grandparents had no legal right of access to their grandchild, and parents had complete authority to grant or deny the privilege of visitation.

 Ohio has authorized grandparent companionship or visitation rights by statutein three circumstances: (1) when married parents terminate their marriageor separate, (2) when a parent of a child is deceased, and (3) when the childis born to an unmarried woman. In such cases, a court may order reasonablevisitation if it is in the best interest of the child.

PREPARED BY: LAURA SCHNEIDER, LSC RESEARCH ASSOCIATE

REVIEWED BY: MICHAEL O’NEILL, LSC DIVISION CHIEF


Oct 17 2009

Enforcement Of The Child Support Order:

 

A main objective of the Child Support Enforcement program is to make sure that child support payments are made regularly and in the correct amount. While many non-custodial parents are involved in their children’s lives and are willing to pay child support, lapses of payment do occur. When they do, a family’s budget can be quickly and seriously threatened, and the anxiety the custodial parent feels can easily disrupt the family’s life.

In addition to wage withholdings, Ohio law allows the CESA office to utilize other administrative enforcement techniques, which include but are not limited to:

Seizing State and Federal income tax returns Suspending driver’s, professional, and recreational licenses. Imposing liens on real or personal property with the proceeds of the sale being applied to the support debt
Seizing bank accounts Revoking the ability to obtain or renew a passport for out-of-the-country travel
Credit Reporting

Cases can also be referred to the Prosecutor’s Office for legal intervention when support payments are not being made. The non-custodial parent will be summoned to court to show why he or she should not be held in contempt for not paying support as ordered, and depending on the offense, can be sentenced to jail.

Frequently Asked Questions:

Q. Can a wage withholding be requested for my child support payments?

A. Yes. All support orders issued or modified must include a provision for wage withholding.

Q. Can past-due child support be taken from the State income tax refund?

A. Under Federal law, all States with State income tax must offset State income tax refunds for past-due support owed.

Q. Can Federal income tax refunds be offset the same way?

A. Yes, States can request an offset of Federal income tax refunds for past-due support.

Q. The children’s father lost his job and is collecting unemployment compensation. Can child support payments be deducted and sent to me?

A. Yes. Unemployment compensation, and other State and Federal benefits can be withheld for child support.

Q. My children are over 18 and don’t get child support any more, but there is still a $10,000 arrearage owed to me for support that was never paid. Will the CSED collect that money for me?

A. Yes, Child Support Enforcement office is required to collect the back support.

Lawyers at our Painesville firm, Patrice Denman Co. LPA, have been helping clients with divorce and child support proceedings for over 20 years. If you would like to speak with one of our attorneys, please contact our Painesville office for a free consultation.


Oct 13 2009

Guide to Social Security Disability

Topics on This Page

  • Who is Covered by SSDI?
  • Definition of Disabled
  • Benefits Available to the Injured

 

Disability Guide Topics

 

  • Filing for Disability: Requirements
  • Filing for SSDI: Medical Records
  • Disability Claim Determination
  • Collecting Disability Payments
  • Why a Disability Claim Gets Denied
  • Other Benefits and Disability for Children
  • When to Talk to a Lawyer

President Roosevelt created the Social Security Act and the Social Security Administration during the Great Depression.  It was a plan to provide a guaranteed income to older workers when they reached age 65.

Eventually through various amendments, the program was expanded to provide benefits to disabled workers, workers dependents, and death benefits if a worker died prematurely.

Social Security Disability is cash benefits paid to workers who are ill or injured.  Unlike workers compensation, the illness or injured does not have to occur or be related to the workplace.  The benefits are paid to the worker based on the workers contribution paid through his or her wage deductions while employed.

Who Benefits from Social Security Disability?

There are four classes of persons who can benefit from Social Security Disability, they are:

Disabled Worker

The primary beneficiary under social security disability is the disabled worker who qualifies for benefits.

Spouse of Disabled Worker

The spouse of a disabled worker can be eligible for SSDI benefit if  he or she is over 62 years of age, or caring for a child under the age of 16 (there is no age requirement under this circumstance), or caring for a disabled child.  (there is no age requirement under this circumstance).

Disabled Child

Unmarried child (includes adopted child and in some instances stepchild and grandchild) over the age of 18:

  • If they have a disability that started before the age of 22. 
  • The disability must also meet the definition for disabled adult.

Child

Unmarried child (includes adopted child and in some instances stepchild and grandchild) must be under the age of 18 or under age 19 if attending elementary or secondary school full-time.

Social Security Administration’s (SSA) Definition of Disabled

Social Security defines disabled as being:

  • Unable to engage in any substantial gainful activity because of physical or mental impairment
  • You must be unable to work but also unable to do any other work based on your age, education, and work experience
  • The impairments must be established by objective medical evidence
  • The impairment must be expected to result in death or expected to last at least 12 months

Programs Available

Social Security Disability Insurance (SSDI)

Each worker pays into the social security system through the payroll taxes that are taken out of their pay check based on a formula.  Your employer also pays payroll taxes into the system.  Social Security is a form of insurance; it is not a government handout.  You must meet non-medical criteria and medical criteria to receive benefits under the disability portion of the social security program.

Supplemental Security Income (SSI)

SSI is a Federal income supplement program funded by general tax revenues (not Social Security taxes): It is designed to help aged, blind, and disabled people, who have little or no income.  It provides cash to meet basic needs for food, clothing, and shelter.  The maximum amount of SSI a person can receive from the federal government is the same nationwide. The amount of SSI benefits a person is entitled to is dependent upon their income and assets.  Some states supplement the amount given by the federal government.