8 Mistakes Medicaid applicants make

1. Failure to maintain properly a Qualified Income Trust (QIT). A QIT is needed to hold income when one’s income is more than $2022 a month.
2. Making gifts to reduce a Medicaid applicant’s assets. Making most gifts will cause Dept. of Children and Families to deny your application.
3. Failing to plan for possibility that spouse at home may predecease the spouse institutionalized. By the one spouse leaving assets to the Medicaid spouse it will cause them to lose their Medicaid benefits. Need to leave assets in will to special needs trust for the institutionalized spouse.
4. Relying on outdated or poorly drafted durable powers of attorney. Many Powers of attorney fail to specify authority to make gifts and/or enter into personal service contracts.
5. Gifting without taking into account the transfer rules and penalties. Any gift within 60 months of seeking Medicaid benefits will delay eligibility for Medicaid approval. Transfers without fair market value can be a problem.
6. Failure to liquidate certain life insurance policies that possess cash surrender value. If cash surrender value of the policy is more than $2500 yo0u have to liquidate these policies before applying for Medicaid.
7. Failure to have funeral contact made irrevocable. A revocable pre-paid funeral contact for more than $2500 is considered an asset. This can cause denial of the application.
8. Failing to list all assets, income and gifts within a 60 month period prior to filing the request for assistance is a serious crime. There is a 5 year look back period which might include gifts that would delay eligibility for Medicaid benefits. Failing to notify DCF within 10 days following any changes in assets or income violates the law.

Lawsuit Filed Against Bayer Corporation over the Yaz/Yasmin Birth Control Pills

The newest form of combined oral contraceptives has given birth to a mass tort.
Several lawsuits have been filed in federal court against Bayer Corp. over Yaz/Yasmin birth control pills, alleging that a new ingredient in this “fourth generation” contraceptive presents dangerous risks that the company failed to warn about.
The plaintiffs claim injuries that include deep vein thrombosis, gallbladder damage, kidney stones, heart attacks, pulmonary embolisms and strokes.
The lawsuits also allege fraudulent concealment of safety information.
Hundreds more suits are expected to be filed in the near future, with lawyers around the country looking into these cases.
“We’ve filed four cases this week, and we will file more this week and every week as we go forward. There are a substantial number of cases,” said Janet Abaray, a managing shareholder of Burg Simpson Eldredge Hersh in Cincinnati, Ohio and co-lead counsel for the Ortho-Evra (contraceptive patch) litigation.
Daniel Gallucci, an attorney with RodaNast, P.C. in Lancaster, Pa., who filed one of the first lawsuits, said that he is investigating hundreds of cases.
Joseph Weinstein, an attorney with Squire, Sanders & Dempsey in Cleveland who represents Bayer Corp., declined comment for this article. Bayer Corp. did not return a call seeking comment.
‘Fourth generation’
Yaz, which was approved by the FDA in 2006, and Yasmin, which was approved in 2001, are fourth generation combination oral contraceptives that combine estrogen and progestin to prevent pregnancy.
What makes both drugs “fourth generation” and different from any other birth control pills is the progestin component, called drospirenone.
Plaintiffs’ attorneys allege that drospirenone, a diuretic, causes an increase in potassium which can lead to “hyperkalemia” or unsafe levels of potassium that disrupt heart rhythms and slow the flow of blood. This can lead to blood clotting.
“No other birth control uses a diuretic as an active ingredient,” said Gallucci, who noted that the number of adverse events reported to the FDA appears disproportionately higher for Yaz and Yasmin than for other birth control pills.
Between 2004 and 2008, over 50 deaths of Yaz and Yasmin users were reported to the FDA, according to the suit filed by Ohio plaintiff Anne Marie Eakins, who used Yaz for four months in 2007 and suffered multiple bilateral pulmonary emboli.
Another common injury in these cases is gallbladder damage, said David Zoll of Zoll, Kranz & Borgess in Toledo, Ohio, who authors the Yaz, Yasmin and You blog.
“The diuretic causes you to lose water and so you develop sludge or bile that wipes out the gallbladder,” he said.
Gallucci said some of his clients are women who were not of child-bearing age and suffered gallbladder removal or sudden death after taking the pills for acne.
According to the British Medical Journal, the Dutch College of General Practitioners recommends that its members prescribe older, second generation birth control pills instead of Yaz/Yasmin because of 40 cases of venous thrombosis, including the death of a 17 year-old.
Abaray contends that after first generation birth control pills were found to cause health risks because of the levels of the estrogen component ethinyl estradiol, the second generation pills dropped the level of hormones and the risks went way down.
“We’re sort of going in a circle,” she said. “Now that the patents ran out, they have started patenting ‘new and improved’ progestins by monkeying with the levels again, and we’re seeing increased risks of blood clots.”
FDA warnings
The makers of Yaz and Yasmin have been warned about their marketing.
In 2003, the FDA warned Berlex Laboratories, which has since been purchased by Bayer, about TV ads which used the tagline: “Ask about Yasmin and the difference a little chemistry can make.”
The FDA said that the ads overstated the safety of the drug and failed to communicate that increased potassium is a risk, in contrast to the bolded warnings in the package insert.
In 2008, the FDA warned Bayer about TV ads that claimed Yaz was effective for treating acne and premenstrual syndrome (PMS), as opposed to the more severe disorder premenstrual dysphoric disorder (PMDD), for which Yaz is approved.
In those ads, women sing “We’re not gonna take it” while kicking and pushing away words such as “IRRITABILITY,” “MOODINESS,” “BLOATING” and “FEELING ANXIOUS.”
The company has released new ads designed to clear up the FDA’s concerns.
But Zoll said that the cases are not limited to those occurring before the new round of ads.
“Even with the new ads, the warnings are still grossly inadequate,” he claimed.
“The warning currently says if you are taking medication that is also increasing potassium you should have your potassium levels checked, but there is no warning of increased risk of blood clots compared to other birth control pills,” said Abaray.
Questions or comments can be directed to the writer at: sylvia.hsieh@lawyersusaonline.com

Denture cream lawsuits

Zinc is common enough—it is even a dietary requirement. Humans should typically ingest between eight and eleven milligrams per day (often through red meat, nuts and grains). However, lawsuits alleging zinc toxicity of denture creams are showcasing how too much of a good thing can be harmful. A study in Neurology reports that some patients who used denture cream were exposed to at least 330 milligrams of zinc daily—far more than the maximum daily allowance of 40 milligrams. This and other studies form the basis for many of the existing denture cream lawsuits.

There are approximately eleven denture cream lawsuits filed against Glaxo Smith Kline and Proctor and Gamble for their denture cream products—Poligrip and Fixodent. The denture cream lawyers generally allege that the denture cream manufacturers failed to appropriately warn consumers about the risks of zinc toxicity. One defense is predictable—the plaintiffs did not use the product in accordance with the instructions.

However, that defense lawyers' common argument - blame the victim - ignores the fact that a large portion of the denture-wearing population (34 million Americans) have somewhat ill-fitting dentures. The only way to keep them in place is a generous application of denture cream. This is common knowledge. Those people were never warned of the dangers of using denture cream beyond the instructions. From a consumer standpoint, a product that goes in your mouth must be safe to use. Who among us would think of a problem like zinc toxicity from denture cream?

So, here’s the science: zinc in denture cream is absorbed through the gums. High levels of zinc inhibit copper absorption, which can cause a copper deficiency and anemia (weakness). It can also reduce the function of the immune system. Among the more serious effects are paralysis and nerve damage. Symptoms can include numbness or tingling, and lack of balance. One plaintiff claiming injuries from denture cream, a man from east Texas, can barely walk, and only with support.

Though reducing zinc intake to normal levels can help, oftentimes the damage is not reversible, and there is no cure. Victims injured by denture cream may have extensive medical and other needs, which they cannot afford on their own. For example, they may need wheelchairs, transportation, and help working around the house or performing normal activities. Regardless, these are significant injuries that severely limit victims’ independence

Text Messaging Can Kill

In Davenport, Florida, Christopher Cededa, a 14 year old died, after being hit by a vehicle while text messaging on his cell phone. His friends saw the 1994 Buick and stopped. Christopher was busy sending a text to somebody and did not notice the vehicle. The Polk County Sheriff's Office stated that the woman driver probably would not be charged with any violation or traffic citation.

Technology is great but it can cause distractions for pedestrians, bicycle riders and drivers. Just like drinking and driving does not mix. Texting and walking close to roads or across roads does not mix. Christopher's death is tragic for his family and the community. His story may very well prevent other deaths and tragedies from happening in the future

Stop Texting and Drive!!!

Text messaging has far surpassed cell phone calls as the primary means of wireless communication, industry surveys show, and, as a result, more and more drivers are texting while driving. In fact, one study found 75 billion text messages were sent in June 2008!

The consumer research company Nielsen Mobile tracked 50,000 customers in the second quarter of 2008 and found that the average American sent or received 357 texts a month, compared with 204 phone calls. The number is much higher for teenagers who average 1,742 text messages a month.

While the use of text messaging is up, so are traffic accidents attributed to driver distraction. A study conducted by Harvard University for the NSC last year estimated cell phone use contributed to 636,000 car accidents, 333,000 injuries, 12,000 serious injuries and 2,600 deaths last year.

A number of bills introduced into the 2009 Florida Legislature call for a ban on text messaging. In the Senate, Sens. Carey Baker, R-Eustis and Frederica Wilson, D-Miami, both have bills. Baker's would ban cell phone use and texting by drivers who are 18 and younger, while Wilson's bill would ban talking on any handheld device and sending texts for all drivers.

Wilson's bill is "Heather's Law," named after Heather Hurd, 26, a Lakeland-area woman who was killed in January of last year, when a tractor and semi-trailer driver slammed into 10 cars stopped at a traffic light on U.S. 27. The tractor-truck driver reportedly was distracted while sending a text message and was charged in September with careless driving.

In the House, Rep. John Legg, R-Port Richey has a measure similar to Baker's, and Rep. Doug Holder, R-Sarasota is pushing a bill that would ban text messaging only.

What is title insurance? And what are the top ten reasons you should have title insurance on your property?

Title insurance is indemnity insurance that protects you against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage liens. It is meant to protect an owner's or a lender's financial interest in real property against loss due to title defects, liens or other matters. It will defend against a lawsuit attacking the title as it is insured, or reimburse the insured for the actual monetary loss incurred, up to the dollar amount of insurance provided by the policy.

1. The deed or mortgage may not have a clear title; there may be acts of forgery in the past that cloud the title.

2. The deed or mortgage may have been transferred by a person that was incompetent or did not have the legal right to sign the document over.

3. The deed or mortgage may have been made by a person other than the owner, but with the same name as the owner.

4. Title Insurance will cover attorneys’ fees and court cost should a claim be made against the deed or mortgage.

5. A title insurance policy will cover you for the amount of your covered losses.

6. Claims have risen over the past 20 years. You need to protect yourself.

7. The deed or mortgage may be voidable because it was signed while the grantor wad in bankruptcy.

8. There may have been a defect in the recording of a the document.

9. Title insurance would protect you against claims against your title or deed that may be made due to marital status and/or divorces.

10. A deed or mortgage may be subject to a federal tax lien that you are not aware of.

What is a Reverse Mortgage?

A reverse mortgage is a way to receive cash from the equity in your home. Traditionally, you would be required to sell your home, refinance your mortgage, or take out a home equity loan in order to access your equity. However, a reverse mortgage allows you to remove equity (cash) from your home without paying it back for as long as you line in your home.

You can receive this cash in several ways:

1. In one lump sum
2. In a monthly payment
3. In a credit line which you can withdraw from as needed.
4. A combination of all three payment options

Contact our real estate department at (850) 434-8904 to find out more on how you can benefit from a reverse mortgage.