Tag Archives: Commends

NAELA Commends Reps. Thompson and Pallone for Protecting the Rights of Individuals with Disabilities


Washington, DC (PRWEB) May 23, 2013

The National Academy of Elder Law Attorneys (NAELA) supports Reps. Glenn Thompson (R-PA) and Frank Pallone (D-NJ) in their dedication to improving the lives of individuals with disabilities. On Thursday, May 23, Rep. Thompson introduced the Special Needs Trust Fairness Act of 2013 (H.R. 2123). Rep. Pallone joined the fight as the lead Democratic sponsor of the bill.

NAELA Commends Congressman Moran and Sen. Hagan for Their Dedication to Improving the Lives of Military Families with Disabled Children


Washington, D.C. (PRWEB) June 05, 2013

The National Academy of Elder Law Attorneys strongly endorsed Congressman Jim Moran (D-VA) and Sen. Kay Hagan (D-NC) for introducing the Disabled Military Child Protection Act of 2013 (S.1076 and H.R. 2249). This bill would allow more than 1,000 severely disabled military dependents to receive survivor benefits through a special needs trust without fear of losing access to their Medicaid or Social Security Disability Insurance benefits. The Disabled Military Child Protection Act will help the disabled children of veterans receive the necessary long-term care they deserve.

Currently, if a military retiree chooses to leave his or her Survivor Benefit Plan to their disabled child, the veteran must leave the benefit directly to the child. This will likely render the disabled child ineligible for the much needed long-term care benefits that they already receive. The Disabled Military Child Protection Act will allow the veteran to transfer his or her benefits to a special needs trust, thus allowing the disabled child to remain eligible for long-term care benefits.

NAELA members walked the halls of Congress in April and met with Congressional offices to voice their strong support for this legislation. As Elder and Special Needs Law attorneys, we see clients who would greatly benefit from this law on a regular basis. Our nations veterans deserve the right to adequately plan for their disabled childrens long-term care needs and we applaud Congressman Moran and Sen. Hagan for introducing this bill that would make this necessary change in the law, said NAELA President Howard S. Krooks, CELA, CAP.

Michael Amoruso, Chair of NAELAs Public Policy Committee, stated that care for a disabled child can exceed $ 100,000 a year. The Disabled Military Child Protection Act will allow military families to use a special needs trust, a common long-term care planning tool for individuals with disabilities that are currently used by non-military families. Veterans must be afforded the same opportunities as other Americans to plan for the challenging and expensive long-term care needs of their disabled child.

Success of this bill is one of NAELAs top public policy priorities for the 113th Congress. The American Bar Association and the Consortium for Citizens with Disabilities also have supported this bill.

About NAELA

Members of the National Academy of Elder Law Attorneys (NAELA) are attorneys who are experienced and trained in working with the legal problems of aging Americans and individuals of all ages with disabilities. Established in 1987, NAELA is a non-profit association that assists lawyers, bar organizations and others. The mission of NAELA is to establish NAELA members as the premier providers of legal advocacy, guidance and services to enhance the lives of people with special needs and people as they age. NAELA currently has members across the United States, Canada, Australia and the United Kingdom. For more information, visit NAELA.org.

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Generic Drug Lawsuit News: Bernstein Liebhard LLP Commends FDA Plan to Alter Generic Drug Labeling Rules


New York, New York (PRWEB) July 07, 2013

The nationwide law firm of Bernstein Liebhard LLP reports that a recent decision from the U.S. Food & Drug Administration (FDA) could pave the way in the future for individuals allegedly injured by generic versions of popular medications, including Fosamax, to pursue product liability lawsuits against their manufacturers. According to a July 3rd notice posted on the website of the federal Office of Management and Budget, the FDA is planning to allow generic manufacturers to make changes to their drugs labels when they become aware of new information about potential risks associated with their products. At the present time, generic medications are required to carry the same label warnings as their name-brand counterparts, and generic drug makers are barred from altering labels on their own.*

This is wonderful news for future victims of generic drug side effects, as the new rule could finally eliminate the current pre-emption on failure-to-warn claims against generic-drug manufacturers, says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices.

Generic Drug Preemption

Even though generic drugs pose the same risks as their brand name counterparts, consumers have been barred from bringing state law failure to warn claims against generic drug manufacturers since 2011. That year, the U.S. Supreme Court determined that such lawsuits were barred because generic drug makers had no control over their products labels. (Pliva v. Mensing, 131 S. Ct. 2567 (2011)) Just last week, the High Court reaffirmed that ruling by a 5-4 margin. (Mutual Pharmaceutical Co. v. Bartlett, 12-142.)

According to the American Association for Justice, numerous generic drug failure-to-warn lawsuits have been dismissed in the wake of the Supreme Courts Mensing decision. In November 2011, for example, the Judge overseeing Fosamax lawsuits in the U.S. District Court, District of New Jersey, granted a motion filed by generic manufacturers to dismiss claims against them that were based on failure to warn. (In re: Fosamax (Aledronate Sodium) Products Liability Litigation (No. II) MDL 2243).**

According to Wednesdays notice, the FDA could publish its new generic drug labeling ruling as early as September, after which the agency would accept public comments on the issue.

Victims of defective drugs may be entitled to compensation for medical bills, lost wages, pain and suffering and other damages. Bernstein Liebhard LLP offers free legal consultations to individuals injured as a result of drug side effects, including those allegedly caused by Fosamax, Actos and Pradaxa. Learn more by visiting Bernstein Liebhard LLPs website, http://www.consumerinjurylawyers.com/. For additional information, contact a lawyer at Bernstein Liebhard LLP by calling 800-511-5092.

*reginfo.gov/public/servlet/ForwardServlet?SearchTarget=Agenda&textfield=0910-AG94

**justice.org/cps/rde/xbcr/justice/Fact_Sheet_Post-Mensing.pdf

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the Plaintiffs Hot List, recognizing the top plaintiffs firms in the country, for the past 10 consecutive years.

Bernstein Liebhard LLP

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