Posts made in January, 2014


Child custody is a decision pronounced by a court as to who between the divorcing or separating parents ought to have control and responsibility over the child (who is below 18 years old). Before the 1800s, due to matters that concerned property law and inheritance, child custody was automatically awarded to the father. Courts reconsidered their position on this matter, however, and concluded that custody ought to be given to mothers since they can take care of their children definitely better than fathers.

This maternal preference of courts, which was called the Tender Years Doctrine, gave mothers exclusive custodial rights over young children during divorce, and this went on until the 1990s, until it was deemed unconstitutional in 45 states. The gender-neutral custody law finally replaced both practices.

Though states may differ in the factors considered when deciding who ought to have child custody, one rule is observed by all – that the decision should be made in consideration of the best interest of the child. Due to this, if the court sees fit, custody may even be awarded to both parents, to make sure that the child never loses communication and is never deprived of the love and time of both parents.

According to the website of the San Jose Law Office of Daniel Jensen, P.C., there are cases when one parent is deemed unfit by the court, so that allowing the child to spend time with him/her would only cause greater harm than good to the child. In this instance, it would be obvious that such parent will be denied custody of his/her child.

Being deemed unfit by the court can be due to various reasons, including alcohol/drug abuse/dependence, child abuse, failure to provide the child’s basic needs, causing the child to experience physical and/or mental danger, abandoning the child, and being charged with a crime in Denton.

Some hold the belief that those charged with a crime does not automatically make them bad or unfit fathers. Just like the fact that robbers are not outright liars. To prove this, though, and to convince the court of it, one should have convincing proof and a really good family law lawyer who understands his/her situation and is determined to fight for his/her case in court.

Read More

Risks are part of everything that we do, even when vacationing, so, one says. But just how much risk is one willing to take, considering the fact that some risks not only cause injury but death too? Danger may just be greater if you come face-to-face with it in the middle of the sea, while on a holiday cruise vacation, with nowhere else to go to, except, probably, in the confines of your cabin.

According to the Cruise Lines International Association, which embodies 26 cruise lines, more than 11 million cruise bookings were made from the US in 2011. This is due to the remarkable advertisements presented by the cruise industry, saying that no other week-long vacation can be safer, cheaper, more fun, relaxing and exciting, than one spent on any cruise liner.

Though it agrees that going on a cruise is a popular vacation option for families and individuals, the Louis A. Vucci, PA, also knows that passengers can be exposed to unique dangers and injuries while out at sea.

The “Safe Return to Port” regulation on all ships, which will render a ship capable of carrying passengers safely back to port after an accident, has increased the safety of passengers since 2010. This regulation is just one of those enforced by Safety of Life at Sea (SOLAS); another directive was equipping new cruise ships with international standard facilities, like a self-sufficient clinic with well trained medical personnel.

Other than collisions and fire, sea storms or hurricanes and rogue waves also present deadly situations, oftentimes, much deadlier than the first two. Cruise lines, as well as the National Oceanic and Atmospheric Administration (NOAA) and the National Hurricane Center, monitor and give advisory regarding weather changes and approaching storms or hurricanes. And when a hurricane approaches, the safest place a cruise ship can be at is far out to sea, far from the storm and its path.

When caught in a storm while at sea, however, the mass and the size of the ship are the ship captain’s advantages. Bigger ships mean heavier steel materials and greater capability in riding out nearly all storms.  But it is important that a ship is veered away from the storm as fast as possible since continuous beating by huge waves for long periods is enough to sink even the largest existing ship.

Read More

Intensive research and tests are required before a pharmaceutical company is able to produce a drug that would help treat or lessen the worsening effects of serious illnesses people are suffering from. And even before gaining approval from the US Food and Drug Administration to be made available to the public, clinical trials should show that this newly manufactured drug has manifested the benefits it claims to provide.

The various prescription drugs that have been previously approved by the FDA to treat type II diabetes have certainly undergone research and clinical tests. These have also been proven effective, until a few years after being prescribed to millions of patients, when serious side-effects or death were linked to these. Though some of these drugs worked much better than the ones they preceded, as well as effectively slowed down the worsening of diabetes just as their manufacturers said, the serious injury these have caused cannot be denied. Thus, rather than easing the condition of diabetics, these have been the cause of more life-threatening health conditions.

Byetta (exenatide), which was approved by the FDA in 2005 for type II diabetes patients, is another drug that has been linked to serious side-effects. On its website, Williams Kherkher gives valuable information about this drug, how it works and the danger of using this medicine that is injected into the body twice a day, specifically, “within 60 minutes of the first and last meals.” It goes on to says that, after being injected on the arm, thigh or abdomen, Byetta mimicks the natural hormones of the body for insulin production. Though effective, it has been linked to health risks, such as development of pancreatic duct metaplasia , the cause cancer in the pancreas. This same information is reported by the FDA Drug Safety Communication.

It has been reported that between 2005 and 2008, close to seven million patients had been prescribed with Byetta. It was also during these years when 78 cases of kidney failures and other kidney-related problems were reported to the FDA. Specifically, in 2007, higher risk of developing acute pancreatitis was linked to the use of Byetta. Acute pancreatitis, which is inflammation of the pancreas, is a life-threatening condition.

Other common side effects of Byetta include nausea, vomiting, hypoglycemia, or low blood sugar (this happens when Byetta is used with other diabetes drugs), diarrhea, dizziness, headache , upset stomach or heartburn, feeling of weakness, decreased appetite, increased sweating and Gastroesophageal reflux disease (GERD).

After reports of the injury or side effects caused by Byetta were communicated by the FDA, majority of the patients to whom the drug has been prescribed stopped using it. Many of those who stopped were also reported to have had improvement in the function of their kidney.

Read More