Carr & Carr

The FDA recently requested the withdrawal from the public market of Xiadafil VIP tabs, an erectile dysfunction drug, due to health problems caused by an undeclared ingredient contained within this "all-natural" dietary supplement. The State of Florida has requested the action be taken against the sale or marketing of Xiadafil VIP tabs, which contain hydroxyhomosildenafil, an analog of sildenafil, the active ingredient in Viagra. Unwitting consumers are likely unaware of the potential risks caused by reactions between this active ingredient and prescription drugs commonly taken by men with ED.

Viagra and other FDA approved treatments for ED contain recognized, FDA tested active ingredients, and users are generally advised on the possible side effects and contraindications by their doctor. However, by marketing Xiadafil as a "natural" supplement, manufacturer SEI Pharmaceuticals hoped to circumvent medical intervention, thus opening the floodgates for men to receive desperately wanted treatment for their ED problem without having to see a doctor

The effects of the undeclared active ingredient in Xiadafil occur when it combines with nitrates, commonly used to treat heart problems, high blood pressure and diabetes, and may cause a life-threatening drop in blood pressure.

If you have been affected in any way by unsafe drugs such as Xiadafil, Heparin, Chantix or Paxil, Carr & Carr, Attorneys at Law, can offer you expert legal advice in Arkansas and Tulsa and Oklahoma City, Oklahoma.

Barbecues are a much-anticipated highlight of summer weekends and, across the nation, families prepare for the grilling season in earnest. However, the next time you exchange your propane tank for your grill, make sure you check carefully for signs of corrosion and damage from anhydrous ammonia.

Anhydrous ammonia is sometimes stored in propane gas tanks, and leaves a telltale bluish green tinge on the brass service valve of the tank. Hypermarkets and other retail outlets sometimes recycle these tanks to be sold to unwitting customers, and the results can be tragic. The corrosion caused to the valve may affect the pressure of the gas within the tank, causing it to leak and potentially ignite or explode if placed near a heat source.

An additional worry is the trend among methamphetamine addicts to cook up methamphetamine in propane tanks, and then trade them in at stores when they've finished using them. It's just one more thing to worry about, but it highlights the need to be hyper-vigilant in checking for any flaws in the valve on your propane tanks. Always make sure the tank is kept in a well-ventilated area, away from sources of heat or flames.

If you or a loved one has been injured or killed in a propane tank incident in Tulsa and Oklahoma City, Oklahoma, or in Ft. Smith or Northwest Arkansas, don't hesitate to contact the experienced personal injury attorneys of Carr & Carr, Attorneys at Law, to discuss your case and pursue full compensation under the law.

By John Branum
Nothing is more important than the protection of our children. Every time a day care provider takes a child from the arms of a mom or dad, it promises to protect that child from injury. Part of fulfilling that promise to parents is learning and adhering to basic injury-prevention rules, like the ABC'S of childhood sunburn protection:
A = Away - Stay away from the sun in the heat of the day (from 10 in the morning to 4 in the afternoon).
B = Block - Use sunscreen with SPF of 15 or higher to protect babies' and children's very sensitive skin.
C = Cover up - Wear clothing that covers the skin, hats with wide brims, and sunglasses with UV protection. Even children 1 year old should wear sunglasses with UV protection.
S = Speak out - Teach others to protect their skin from sun damage.
If a day care facility has broken these rules and caused your child to suffer harm as a result, get your child immediate medical care, report the facility to the Department of Human Services, report to local law enforcement, and contact us at Carr & Carr.
(See: http://www.webmd.com/skin-problems-and-treatments/tc/sunburn-prevention)

To view a video clip of the Fox 25 News interview with Carr & Carr Attorney John Branum, click here: http://www.kokh.com/players/news/top_stories/vid_1246.shtml

Labels: children injury sunburn prevention ABC's SPF

by Laurie Koller

For most people, after recovering from the shock of being involved in an accident and checking for injuries to the driver and passengers, the next thing on their minds is "How am I going to get my car fixed!?" This is rarely as easy as it should be. Carr & Carr assists hundreds of people each year avoid the pitfalls that may arise when dealing with insurance companies for car repairs. We have experienced property damage appraisers on staff to ensure that our clients are paid what is fair and reasonable.

Q: Do I use the Insurance Company’s preferred shop or the shop of my choice?
A: In Oklahoma, you have the right to choose. Many Insurance Companies have contracts with specific repair shops and use many tactics to influence you to use their shops. In fact, if an Insurance Company tries to persuade you to use their shop, we would like to hear from you. Please contact Carr & Carr right away if this has happened to you.

Insurance Companies will tell you that their shop is better because it’s been "approved" or checked by them. They may tell you their shop is faster, or cleaner, or better. They may tell you that they will guarantee the work of their shop, but not others. They may even tell you that you will be responsible for repair costs at your shop and you would not be at their shop. In reality, the Insurance Company wants you to use their shops because they have more control over such shops. All reputable shops guarantee their work. In Oklahoma, you have a legal right to use any shop you wish. Who do you want the shop to answer to: you or the Insurance Company? If you are experiencing any problems in this area, please contact Carr & Carr. We may be able to assist you.

Q: Why wouldn’t the Insurance Company pay the full costs of repair?
A: Some Insurance Companies use confusing terms to avoid paying for the full cost of replacing certain damaged items on your car. They say that replacing a used part with a new part makes you better than you were when the accident happened. Called "betterment," or sometimes "depreciation," this practice fails to consider the fact that you would not have had to replace the item at all had it not been for the accident! A skilled negotiator, such as the attorneys and appraisers at Carr & Carr, can make sure that your repairs are fully paid when legally appropriate.

Q: Will my car lose value because of the accident?
A: Sometimes, a car will lose value because it has been involved in an accident. If the car is not fully or properly repaired, it may lose value because of the inadequate repairs. Some cars may be worth less even if they are fully repaired. Which would you choose to buy: a car that has never been involved in an accident or a car that just came out of the repair shop with $10,000 in repairs? This differential is called "diminution in value." Insurance Companies will rarely tell you about this and are very reluctant to pay for this. However, in some cases, you may be entitled to compensation from the Insurance Company for the diminution in the value of your car. The experienced appraisers at Carr & Carr can help you through this process.

Q: What if the Insurance Company does not want to use Original Equipment Parts to repair my car?
A: Many Insurance Companies will try to use After Market Parts on your car. These parts may be manufactured by overseas companies and may be much cheaper than the original parts that were damaged by the accident. Let Carr & Carr help you get only the best to return your vehicle to its pre-loss condition.

Q: It was only a little fender bender. Shouldn’t I just keep the check for repairs and not get my car fixed?
A: The Insurance Company is quite happy for you to accept their check and not get your car fixed. Consider, however, that one of the reasons the Insurance Company is happy for you to do this is because it is usually cheaper from them to pay you a little money than to actually have the vehicle repaired. This is because until a skilled repair technician completes a thorough inspection and possibly removes your bumper or other parts, no one can actually determine how much damage there is to your car. While the bumper cover may have just a little scratch, there may be damage behind the bumper cover that cannot be seen until the bumper is removed. Bumpers today are constructed of multiple layers of protection. Some of these parts are made of honeycombed Styrofoam which is designed to absorb impact only once. If these parts are damaged, their ability to absorb another impact is gone. You are not as safe as you would be if the car was repaired.

Q: How do I know that my car will be safely repaired?
A: Choosing a reputable shop that answers to you, and not the Insurance Company, will help make sure that all necessary repairs are made. Some parts on today's automobiles are designed to absorb an impact one time and need to be replaced after that. In addition to the bumpers described above, other examples include seatbelt systems and some airbag components. Some seatbelts must be replaced after they have restrained someone in an accident because they will not work a second time. Similarly, when an airbag deploys, certain sensors and modules must be checked and replaced to ensure they will work if needed again. If you have been injured because of poor repairs, you may have additional legal claims. Please contact Carr & Carr; we may be able to assist you.

Labels: after market parts, betterment, bumper cover, depreciation, diminution in value

Beware of the Fine Print
By Laurie Koller

More and more consumer-oriented contracts have clauses specifying that disputes must go to arbitration rather than to court. The justification for this is that arbitration saves the time and expense of working within our legal system. But here is the rub: the company chooses the arbitrators. And since they provide the business, every arbitrator knows they will never get another job if they rule against the company.

According to a Business Week article on June 5, 2008, "Corporations seldom lose. In California, the one state where arbitration results are made public, creditors win 99.8% of the time in NAF (National Arbitration Forum) cases that are decided by arbitrators on the merits, according to a lawsuit filed by the San Francisco city attorney against NAF."

So what are these clauses? They are often buried in the fine print. The consumer waives the right to sue or to participate in a class action lawsuit. Often the consumer does not even realize that they have done so. Want a job, want health insurance, want a loan, a credit card, or a rent-a-car? You often have no choice but to give up your right to a day in court because of such clauses.

The arbitration system is a lawless system. The judges, called arbitrators, do not have to follow the law or even justify their decisions. Typically, their decisions cannot be appealed. The arbitration often costs more than using the court. The clauses are written by companies and favor the business, rather than you.

So what can you do? Read the fine print. Try to do business with those companies that do not use arbitration clauses. Sometimes you can send a letter to the company to "opt out" of the clause. Legislation is pending before the U.S. Congress called the Arbitration Fairness Act - let your Senator and Representative know you are interested.

Labels: arbitration, clauses, consumer, mediation

by Pat Carr

Motorcycle safety should be high on the list of our traffic concerns as gasoline prices continue to go up. Driving to Tulsa from Omaha last week I noticed a traffic sign encouraging drivers to watch out for motorcycles. This is really good advice since a lot of new motorcycle drivers, who are trying to save gas money, will be exposed to injuries. My experience tells me that motorcycle drivers are generally very good and safe drivers. The problems more often lies with automobile drivers who don't see the motorcycle or make a mistake which would only be a fender bender with another car, but could be fatal with a motorcycle. What is really concerning to me is seeing motorcyclists and passengers not wearing the basic safety equipment, like helmets and protective clothing. I hope they come to understand the risks and take precautions, because it is inevitable that some of them are going to be in an accident not of their own making. They shouldn't have to pay for it with their lives or serious injuries.

Labels: motorcycle injury injuries accidents