There wasn’t too much wrong with her life at age 14. She and her friend walked close together on the sidewalk kicking leaves and laughing talking about boys in their school.

She remembers her friend turning to look behind them. She remembers noise, loud and close. Then there was a sensation of being pushed-pushed by something heavy. Then her world was blinded by heaviness and pain. Her first single scream had people  running to see what had happened.

She was screaming in pain on the sidewalk and couldn’t move. She looked at her leg and  saw only meat and blood. Her screams continued. She wasn’t sure when she stopped screaming. Maybe it was later in the hospital after she was sedated. The paramedics took care of her and kept her alive and safe until she could be transported to Primary Medical Center. She remembers the sound of the helicopter, knowing it would took her to safety and away from this place where she had lost a limb. There was no way to save her left leg. There was no leg to save. 

I first met her early on when she was at physical rehab, learning to use the prosthetic. It was tough watching her struggle for balance, struggling to use the treadmill. Her left hip trying to do all the work to compensate for a leg that wasn’t there. 

She has made a brave recovery. We have watched her go through all the stages that physical therapists see when people lose limbs and have to start over.

The carelessness of a commercial trucking company took away so much. We are working to get her a fair settlement that will help her for the rest of her life.

Mirror, mirror on the wall, who’s the greediest of them all?

$14.8 billion in pharmaceutical settlements have been paid out in the last five years!  Over half of those settlements were with just four drug makers: Eli Lilly, GlaxoSmithKline, Pfizer and Merck.

They do the same bad things over and over. The FDA exacts hefty fines, but the dollar amounts are mere trifles to Big Pharma.

It’s cheaper to pay the fine and continue dishonest business.

Even with millions or even billions owed in settlements, there’s just too much money in it for them to stop. No self-correcting behavior is required or expected. Top management calls the shots. Management want share-holder return at any cost.

Even if the cost is in human lives.

Now, most of these are life-saving drugs. We know that. But wrapped up in that $300 billion spemt annually  are plenty of bad drugs, dangerous drugs and more than enough deceit in their marketing.

Off label marketing is the number one reason these companies are fined by the FDA. Another common violation these drug companies commit is over-charging state government health care programs These companies are injuring us and taking our tax money from Medicaid & Medicare. We talked about this previously with Zyprexa.

Other common reasons for fines include: overcharging public health departments, kickbacks, falsified clinical trial findings, illegal promotions and anti-trust violations.

Kick-backs to doctors is another disturbing reality. But it happens all the time. Doctors are human and many of them take the money and look the other way. It’s all about the money. Big money, billions of dollars worth of money.

$300 Billion dollars is spent annually in the US alone for prescription drugs. Big Pharma is addicted to their profits and just can’t stop. The FDA needs our support to make them.

What did they know and when did they know it?

Just because these drugs; Darvon & Darvocet have been around since the late 1950’s doesn’t mean they’re safe. Because they aren’t.

The consumer safety watchdog group, Public Citizen’s Health Research Group have been lobbying the FDA for years. Their efforts first began in 1978 when they urged the FDA to ban the drugs Darvon & Darvocet on the basis of dangerous side effects to the heart.

Darvon and Darvocet have been banned from use by the Food & Drug Administration. The FDA finally issued a recall in November 2010. Many believe this recall was long overdue.

The drug has been suspected as the reason behind thousands of deaths in the U.S. Many more deaths are suspected as a result of these drugs.

There are ten million Americans using Darvon, Darvocet or generic pain killers all using propoxyphene.  A recent test requested by the FDA demonstrated that the drug alters the heart’s electrical activity. The drugs cause sometimes fatal heart rhythm abnormalities. This drug can harm the heart and has serious side effects. 

There are higher than expected fatality rates in propoxyphene overdoses compared with other painkillers. The FDA has been slow to take action and watch-dog groups are asking the question, why have they been so slow to take action with American lives at stake?

Doctors wrote 23 million prescriptions for propoxyphene-containing drugs last year. A total of 26 different studies over the years have shown that Darvon & Darvocet have offered little more pain relief than just using over the counter acetaminophen (Tylenol).

Folks are urged to contact their doctors if they are taking these pain medications. Do not stop taking the drug immediately; rather ask your doctor to help you switch to other less dangerous methods of pain control.  If you quit this drug suddenly, the risk of withdrawal is serious.

In a news release, Sidney Wolfe, director of Public Citizen’s health research group, said, “Due to FDA negligence, at least 1,000 to 2,000 or more people in the U.S. have died from using propoxyphene since the time the U.K. ban was announced.”  The drug was banned in Britain in 2005.

In a public statement, the US FDA said, “The drug’s effectiveness in reducing pain is no longer enough to outweigh the drug’s serious potential heart risks.”

We ask ourselves how long the manufacturer has known the drugs were dangerous, and deadly to the American public. Is this another example of a major pharmaceutical company placing profits above people?

If you believe that you or a love one may have been injured as a result of using these drugs, please call us to talk about it. There is no cost for this and we may able to help you receive compensation as a result of having used Darvon, Darvocet or a similar painkiller containing propoxyphene.  Remember, this drug is toxic to your heart.

Call your doctor first, and then call us at:  1 (866) 883-5350

She once loved caring for minature roses.

She was living in pain. I could see it in her eyes when we first sat down to speak.

Constant, chronic pain, you could see it around her eyes-there was tightness there. Melinda was beginning to look older than her years from the strain. She had been very careful with pain medications. She didn’t want to add addiction to her list of problems. I admired her for that carefulness.

But there was a price to pay for that. It was difficult for her to get comfortable during our interview. We would stop so she could adjust her position and then speak again to the camera. We wanted her to tell us her story.

The heavy, dark truck was going 60 mph in a school zone.  When she told me, I couldn’t believe it. A school zone!

The crossing guard had already stepped out, fluorescent green vest, motioning for cars to stop. She and her husband had already stopped and were waiting for young children to finish crossing the street after their day at grade school.

The driver of the dark truck saw nothing of this. Oblivious to his surroundings, he stepped on the gas pedal to increase his speed. He was in a hurry. He was always in a hurry I suspect.

Witnesses to the accident saw the truck slam into a stopped passenger car at sixty miles and hour. It sounded like an explosion and people from everywhere came running. People in a nearby bank thought a bomb had gone off. Glass and metal were everywhere in street.  She was grateful no children were hurt, and she was grateful the crossing guard wasn’t injured.

When she came to, she didn’t immediately know how badly she was injured. She just wanted to get home. She kept telling the paramedics-let me get home please.

“I wasn’t paying attention.” he told the police nonchalantly. They issued him a ticket of course. But where was his responsibility to the life he had changed in that school zone?

What she didn’t know then was that not all back injuries can be repaired. The best surgeons can’t always undo what’s been done. The rest of her life had been changed in that moment.

Melinda’s back took the brute, cruel force of the impact. The transfer of energy from the truck through the car then into to her lower back was more than she can ever heal.  The seat belt saved her life. But it is a very different life she has now. It changed dramtically and  through no fault of her own.

Before this collision, she was an active career woman, mother, grandmother and wife. Now, she is isolated in her home. Her day begins with pain and the difficulty of getting out of bed and tending to her home and family. Washing, cooking, cleaning and grocery shopping were things she didn’t think about before-she just did them.  Now, she is very restricted and limited as to what she can do. Many, many responsibilities have shifted to her husband. She cannot work and they can’t survive on one income no matter how much they cut back and are careful. She feels terrible that she can’t contribute and that he now carries more than a full load of worries.

Her career, caring for her home, gardening, have all been taking from her and left nothing in return but constant enduring pain as her new lifelong companion.

Roses, she loved miniature roses and had been growing, and cultivating them for years.

Now, the rose bushes in the rock wall in the front of her home were wild and unkempt. Yes, her husband got the weeding done.  But that was only the beginning of what she use to accomplish in her yard.

Her grandchildren had lost the once-young energetic grandma who could rough and tumble with them her large back yard. Gone were the famous pony rides she gave to her grandsons. Gone was the youthful laughter as they clung to the “pony” as it galloped and twisted and turned and rolled them onto the soft carpet of green and held them close and laughed with them when the climbed back onto her back.

Now, they have a tired grandmother, tired and world weary from the constant pain who sits briefly, uncomfortably trying to read to them. Distracted by her pain from really living and moving with the rest of us. 

Our legal efforts on her behalf can’t heal her back. We only hope that a modest insurance settlement can relieve her constant money worries. It’s the best we can do for her and we’re trying to do just that.

Ned Siegfried wanted a Dory & Nemo theme to help children feel comfortable in a business setting. Children love it when they walk in and see our fish tank. They immediately run to the tank to see Dory & Nemo and the other dozen or so fish we have in our aquarium.

Dory is now seven years old and the orange and black song fish are about the same age. I think that’s a long time for a fish.

Yes, the fish get along so they’re no disturbing sights of floating fish or shark attacks in an eight hour day. Not a good look  for a business…

Our receptionist Gianna, feeds them twice daily. She tells me they anticipate feeding time when the see the red cup. How their fish brains know this I do not know. (See photo below.)

We have some new additions that change their color and camouflage themselves in the shrubbery. Sometimes it’s really hard to find them.  See what I mean?

The red flaming fish sits near the bottom when he’s hungry. He looks kind of sulky. He’s waiting for the sight of the red cup and then the food magically appears.

Our fish tank is professionally cleaned once a week. Keeps everything healthy. The folks at Alpine Marine Imports in Orem, Utah help us with that. Give John a call, he can put fish in your office too.

Let us know if you have any suggestions regarding fish in aquariums.

In 2002 Andres S. Alarcon graduated from the University of Utah with a degree in business management. He earned a Juris Doctorate in 2005 from the SJ Quinney School of Law.  He became a member of the Utah State Bar in 2006 and is licensed to practice in the State of Utah as well as Federal Court.

Alarcon began his legal career at Legal Aid Society. This is a non-profit organization helping low income individuals in court.

Alarcon was born in Provo, Utah but spent much of his life in Chile. He is fluent in Spanish.

El abogado Alarcón se graduó de la universidad de Utah con títulos de Administración de Negocios en el 2002 y Doctorado en Leyes en el 2005.  El abogado Alarcón nació en Utah pero vivió en Chile con su familia gran parte de su vida.

El abogado Alarcón le encanta viajar, conocer distintas culturas y aprender idiomas.

STEVE JENSEN

Steven K .Jensen graduated from Brigham Young University in 2007 with a Bachelor of Arts degree in Political Science. In 2010, he earned his Juris Doctorate from Texas Tech University School of Law, where he graduated magna cum laude. Jensen served as an Articles Editor on Texas Tech Law Review and as an intern for the Supreme Court of Texas.

When he is not at the office, Jensen enjoys fishing, golfing, reading, waterskiing and spending time with his wife and daughter.

Why are the letters of our name scrambled on the lawn in front of our building?

Along with remodeling the third floor of our building, we thought we would change out the building sign.  We want it to be easy for folks to spot our location from the freeway. The guys from Impact Signs are here this afternoon. They placed all the letters from our name on the grass in front of the building. Soon, the letters will be lifted into position on the building. 

She was carrying her young grand-daughter in her arms. It was evening and dark.  Donna cut across the parking strip to save a few steps getting to her car with the sleepy girl. The little girl loved sleepovers at her grandma’s house.

Donna thought she was stepping on a water main cover, large and round. But then it slipped out from underneath her foot. She quickly put out her other foot so as not to fall with the child. She couldn’t have known in the dark that what she stepped on was really a large saw blade. A concrete cutting saw blade with teeth sharp and curved waiting to slice deep into her leg. Changing in an instant, her ability to walk normally for the rest of her life.

A construction company, a local company you would know by name, had carelessly discarded one of their concrete blades. It was no longer useful to them and they left it in front of this home, in this neighborhood, where her granddaughter lived. It could have been in your neighborhood. Think about that.

We’re talking about a 14” blade, steel and still very sharp. Sharp enough to slice through her Achilles heel without hesitation as she tried to regain her footing. It sliced deep across her heel. It felt as though a 220 volt ripped through her body. She immediately fell to the ground, not knowing what had happened.

She would have bled to death right there but for the quick thinking of a family member who grabbed a bandana and fashioned a tourniquet to slow down the bleed-out. 

A fourteen inch blade, go measure that and then try to figure out how a road crew left that behind? Not on a building site, not on a freeway job, but in a neighborhood where children play. Of all things irresponsible, this would be one.

Look again at the picture above. It is very similar to the one that caused so much physical damage to our client.  Pictures of her wound would be too disturbing and in poor taste to show you here. A jury will see the photos though.

Donna has missed months of work because of this serious injury. It’s work she loves and which has defined her life for many years. Not to mention the second paycheck her family desperately needs. She has always worked, and been proud of it. She can no longer do that job. It’s been taken from her, possibly forever. I know her self-esteem has suffered.

Donna lost her truck when she and her husband couldn’t make the payments. Food and a roof over their heads became this family’s priority. There were difficult decisions they had to make.

She’ll never be able to walk properly again-her job requires a lot of walking. I question what her future holds with an injury this severe.

This is a lively woman who loved to dance Salsa with her husband on the weekends. She’ll never wear heels again. She loved to swim and taught all her grand children how to swim. She can’t do any of that now. This is a mother who loved camping and hiking visiting different areas around the state every weekend, every summer with her family. All of that and more have been taken away from her. How do you calculate the damages to this person? If you were on a jury what would you decide?

We hold the construction company responsible for their blatant neglect. Their initial offer to Donna barely covers her hospital bills; the multiple surgeries, the skin grafts, the hyperbaric chamber and the painful, difficult physical therapy. Their offer is an insult to this kind woman. Her present circumstances were caused by this company’s negligence. 

Money is a poor exchange for her injury. But it will help restore her life to more like it was. They need to get current on their  house payments. She could get her truck back so she has transportation. Her suffering is real and she deserves compensation for all that has happened.

A large judgment against this irresponsible construction company would send a message to all construction companies in Utah; make safety to your community a priority over profits. What do you think? Do you agree?

Drug overdose deaths have increased five-fold since 1990.

A 2008 survey of Utah adults found 21 percent had been prescribed an opioid pain medication.  Nearly a fourth of Utah’s population used these addictive opioids. There are more drug deaths in Utah than traffic fatalities. Think about that one. That’s a lot of people using pain pills. What are we doing that we need so much pain relief?

Between 1999 and 2007, the number of deaths attributed to prescription pain medications rose more than 500 percent, according to the Utah State Health Department.  

The statistics are alarming and demonstrate that Utah has one of the highest prescription drug abuse and death rates in the nation. Jeffery Sweetin, a special agent to Utah with the U.S. Drug Enforcement Administration concurs by saying, “Utah has a pharmaceutical drug problem.”

Pain medications remain the most common type of prescriptions related to overdose and death. These prescription drug deaths occurred in 24 of Utah’s 29 counties. So the problem is not simply an urban problem. It’s everywhere in Utah. 

“It’s not uncommon to see at least one overdose death per week in Utah Valley,” said Lt. Phil Murphy, director of the Utah County Division of Substance Abuse.

Men and women are affected almost equally. The average age for death is between 39 and 41 years old. We need to ask ourselves why? And indeed the State of Utah has begun its own investigation to understand the why.

Early results from this investigation tell us that most overdose deaths happen to the unemployed, those without health insurance, who are experiencing both financial difficulties and chronic pain.

Well, common sense would tell you that these abusers would have difficulty maintaining employmenth, they may have been let go from their previous employment because of their substance abuse.

That of course leads to financial problems. Not working usually does. Lack of health insurance follows unemployment. Depression would then seem a common outcome in this scenario. More than likely, their chronic pain led to the addiction in the first place. The user will complain of chronic pain as an excuse to family members and as a ruse to receive more prescriptions from doctors.

We need to dig a little deeper than that. Those are all self-fulfilling prophesies and don’t give us real answers.

Let’s start with this question: are doctors in Utah more likely to prescribe opioids when there are other options? The addiction begins with the initial use of the medication. Long term use will most certainly result in an unintentional addiction. These pain killers are very addictive. We need to understand that and believe it.  Addiction can happen to anyone.

Local pain physician David Byrd from St. Mark’s Hospital said doctors need to be more wary of prescribing narcotics, “Narcotics should not be the first line of treatment for pain,” he said. “If anything they should be the last line. They carry such huge burdens.”

Here are some suggestions outlined for doctors and patients;

• Alternatives to opioid treatment should be tried before initiating opioid treatment;
• Providers should screen for risk of abuse or addiction before initiating opioid treatment;
• Long-acting opioids should usually not be used to treat acute pain;
• The patient should be informed of the risks and benefits of opioid treatment.

We need to be responsible and ask ourselves if we know anyone with this problem. Is there a way to help them through education or intervention?

If there were someone in your work place abusing prescription drugs, what would you do?

If you saw them leaving the work place clearly compromised because of their drug use would you let them drive home?  

For more information check out this web-site:   www.UseOnlyAsDirected.org

State of Utah Health Department’s web-site:  http://health.utah.gov