Medtronic Faces New Lawsuits

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Approximately one hundred patients have filed a federal lawsuit against Medtronic, the maker of Infuse Bone Graft and against a spinal surgeon. The former patients claim that Dr. Abubakar Atiq Durrani “performed medically unnecessary, experimental spine surgeries… using falsely and improperly marketed Medtronic medical devices and drugs.” The company is already facing lawsuits filed previously by people who have been injured by Infuse. Infuse was once praised as an advancement in medicine; however, this synthetic bone morphogenetic protein (BMP-2) now finds itself at the center of controversy. It is intended to help regrow damaged bone if injected into the spine during surgery, but more recently it has been shown to cause many serious side effects. These side effects include degeneration of bone tissue, unwanted bone in the spinal canal, severe pain and growth of cancerous cells. The U.S. Food and Drug Administration (FDA) only approved the product for use in the lower back using a technique where the surgeon operates on the spine through the abdomen and only on patients over the age of twenty-one. However, the latest lawsuit claims that the defendants “knowingly and falsely marketed” Infuse as safe for use in cervical and thoracic spine surgeries despite the FDA’s warning against such use. Also, three of the new plaintiffs are minors.

Medtronic Under Scrutiny

This is not the first time Medtronic has come under scrutiny for its Infuse Bone Graft. In October 2012, it was revealed by a U.S. Senate Finance Committee investigation that certain authors of studies reporting on the safety of Infuse had been paid more than $200 million by Medtronic. The investigation revealed that one independent reviewer had been paid almost $8 million. In a statement about the investigation, Sen. Max Baucus, D-Mont. said, “Patients are at serious risk when companies distort the facts the way Medtronic has.” In 2011, Dr. Eugene J. Carragee and colleagues published a review in The Spine Journal accusing Medtronic of purposely hiding severe complications associated with Infuse. Medtronic denies that BMP products, such as Infuse, can inflame surrounding tissue and bone, leading to cancer and are associated with a 43 percent greater rate of overall complications. In 2006, the U.S. Department of Justice filed civil action against Medtronic for paying doctors incentives to use Infuse. The company reportedly made false consulting agreements with doctors and paid for expensive vacations. Medtronic paid $40 million to settle.

National Medtronic Lawsuit Attorneys

If you or someone you love has suffered a major complication because of a Medtronic medical device, it is important to know that you are not alone. To learn more about filing a Medtronic lawsuit call the experienced Medtronic lawsuit lawyers at Phillips Law Firm today. Call us at 1-800-708-6000. Our national Medtronic lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation.

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Hostility in the Workplace

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According to a poll conducted for Bellingham, Washington-based Workplace Bullying Institute found that 37 percent of U.S. workers, 54 million people, stated that they had been victims of workplace “hostility.” “Hostile workplace” and “hostile work environment” are phrases that are commonly used, but in actuality, few situations meet the legal definition required. Conduct and speech that is intimidating, abusive, or otherwise offensive, going beyond casual or isolated joking, is considered “hostile”. Misuse of the term “hostile work environment” increases tension in the workplace and strains the relationship between employer and employee and/or coworkers. There is currently no federal law explicitly outlawing workplace “bullying.” Instead, laws have been put in place to protect workers from harassment and discrimination. Laws such as Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act, Equal Pay Act, and so forth, prohibit discrimination and harassment, in most workplaces. Some workplaces are excluded because of size or the structure of the workforce. Anti-discrimination laws protect employees from being treated unfairly in hiring/firing/layoff situations or promotional or job assignment decisions, etc., based on their actual or perceived inclusion in a protected class. Employers cannot base workplace decisions on a person’s race, gender, age, ethnicity, marital status, religious affiliation, veteran status, disability, and in some cases political affiliation, parental status or sexual orientation. Also, employers may not retaliate against employees making harassment or discrimination claims. Determining harassment or discrimination can be difficult because employers rarely admit to treating someone unfairly based on the employees’ perceived or actual inclusion in one of the protected classes. Therefore, harassment and discrimination have to be proven by examining the circumstances occurring as a whole. To establish discrimination, a person must show:

  • He/she was an actual or perceived member of a protected class
  • He/she was performing satisfactory work
  • He/she was subjected to an adverse employment action that other non-protected coworkers doing essentially the same work were not subjected to or that he/she was replaced by a non-protected person

To reduce the misapplication of the allegation and risk for liability, employers should implement clear policies on harassment and discrimination and then follow and enforce procedures. A clear plan for reporting and investigating complaints should be put in place and employers should make a sincere effort to quickly resolve any legitimate complaints or issues that arise.

Seattle Employee Rights Lawyers

If you or someone you love has experienced workplace hostility in Seattle, Bellevue, or anywhere in the State of Washington, call Phillips Law Firm at 1-800-708-6000. Our Washington employee rights lawyers are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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1 out of 4 patients receives the wrong diagnosis. The results of that wrong diagnosis could cause you to receive inappropriate treatment and could result in a lifelong injury or even death. Misdiagnoses can occur in a variety of ways, including inappropriately ordered lab work, improper charting, wrong medical diagnosis, and failure to report results. Luckily, there are ways you can avoid a misdiagnosis and potentially save your life.

Find the Right Doctor

The main way to avoid a misdiagnosis is to locate the right doctor for your problem. While a general practitioner is best for normal ailments, when you have a serious or chronic illness, it is wise to speak to a specialist. A doctor who specializes in your symptoms and your illness can alert you to any mistakes and can avoid misdiagnoses.

Be a Proactive Patient

Seattle patients need to speak up when they are sick. If you feel you are not being taken care of or if you have questions concerning your illness, it is always a good idea to voice your concerns. If you feel that you are not being heard or that your concerns are not being addressed, ask another physician or nurse until you receive the explanation or the treatment you need. If your doctor orders tests or lab work to be done, be sure to ask for an explanation of those tests and the reason for ordering them. Also, call back when the results are in to be sure your results are appropriately reported.

Get a Second Opinion

When you receive a diagnosis, it is always wise to have that diagnosis confirmed by another doctor. This is especially important for critical diagnoses, such as cancer, heart disease, or chronic debilitating disorders. Second opinions also offer you the chance to ask more questions, understand the disease process a bit better, and double check the results of lab work, EKGs, and MRIs.

Contact a Seattle Medical Malpractice Attorney

If you received a misdiagnosis and this caused you to receive inappropriate treatment or caused a lifelong chronic disability, it is important to consult with a Seattle medical malpractice attorney immediately. Your attorney will be able to review your case thoroughly to determine if medical malpractice was to blame for your misdiagnosis.

Seattle Medical Malpractice Attorneys

If you or someone you love was injured through the negligence of a physician or medical personnel, you may be eligible for compensation for your injuries. The Seattle medical malpractice attorneys at the Phillips Law Firm can help. Our attorneys have successfully represented individuals in medical malpractice cases in Seattle, Everett, Tacoma, Bellevue, and throughout the State of Washington. To learn more about your legal options, call us at 1-800-708-6000. Our Seattle medical malpractice attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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Determining Fault FAQ

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When you are injured in a car accident, determining who is at fault for the accident is a legal necessity. After all, the negligent party may be held legally responsible for damages, injuries, and any pain and suffering they have caused. As such, it is imperative that you have superior legal representation from the moment you are injured. Here are some of the most frequently asked questions regarding how to determine fault in the State of Washington.

Q: Is Washington an “At Fault” State?

A: The State of Washington is known as a tort liability state or an “at fault” state. This means that the party who is responsible for the accident is also responsible for the damages and injuries their negligence has caused. If you are injured in Washington, you may choose to file a claim with your own insurance company, pursue a claim against the other driver’s insurance or go to court to seek monetary damages against the at-fault driver.

Q: I was injured in an accident in Seattle; how do I prove that the other driver was to blame?

A: There are many ways that a Seattle personal injury attorney can establish who is at fault in an accident. The police report, forensic experts, eye witnesses, photographs of the accident scene, and testimony can all help establish who the responsible party is. If you are seeking to file a personal injury lawsuit, then it is imperative that you contact an experienced Seattle personal injury lawyer immediately before valuable evidence is lost.

Q: I was injured in a single car crash when my car hit a large pot hole in the road. Can I file a lawsuit?

A: Establishing fault in the State of Washington requires that the injured party show proof of negligence. If your accident was caused by natural weather conditions or through your own negligence, then you are not able to file a lawsuit to seek monetary damages. If, however, your injuries were caused by dangerous or defective roadways, then you may be able to seek compensation by filing a claim against the municipality responsible for maintaining those roadways. An experienced Seattle personal injury lawyer can review your case to determine the appropriate legal action.

Q: What are some ways to establish fault in a Seattle car accident?

A: There are numerous ways your Seattle personal injury attorney can establish fault after a Seattle car accident. Common examples include speeding, drunk driving, texting while driving, tailgating, running a red light, etc. In some cases there may also be third parties responsible for your accident, including negligent trucking companies, municipalities, and anyone who served alcohol to a clearly intoxicated individual or underage drinker.

Seattle Personal Injury Lawyers

If you or someone you love is injured in an accident in Seattle, Bellevue, Everett, Tacoma, or throughout the State of Washington, our experienced Seattle personal injury lawyers can help. Call us at the Phillips Law Firm today for a free consultation and review of your case. Call us at 1-800-708-6000 today.

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Warm summer weather is just about here in Seattle, and this means children of all ages will be spending more time outside and less time indoors playing video games and watching TV. While this outdoor activity is great for their bodies and their minds, it does bring an increase in childhood injuries. Children visit the Emergency Room more during the summer months than at any other time of the year. These visits range from minor broken bones and lacerations to more serious head and neck injuries. In 2004 alone, more than 2.4 million children went to the emergency room for injuries and 2,143 of those children died as a result of those injuries. By far, broken bones are the most common types of childhood injuries and can occur for a variety of reasons, including trampoline use, bicycle riding, playground equipment, and climbing trees. While many of these broken bones are easily fixed with a cast, some of these fractures are more serious and may require hospitalization and surgical intervention. Head injuries are another common childhood injury and can result from bicycle accidents, falls, and sporting collisions. Football, baseball, and other types of contact sports can result in concussions that if left untreated, can result in disabling symptoms and long-term trauma. Bicycle accidents and falls can cause more serious head injuries that can require emergency life-saving medical treatment and could result in permanent disability.

Preventing Seattle Summer Childhood Injuries

Helmets: Perhaps the single best way to prevent your child from being injured is to make sure they wear an appropriate helmet when riding their bikes, scooters, and participating in contact sports. Wearing a helmet could save your child’s life, especially if they fall suddenly or are hit by a moving vehicle. Playground Use: Another way to prevent your child from being injured is to monitor them on the playground and curb all inappropriate behavior. Children like to test limits and often use playground equipment inappropriately. Parents can help their children avoid injuries by teaching them the appropriate way to use playground equipment. Pool Safety: Another way parents can prevent devastating summer childhood injuries is to closely supervise children when they are swimming. Children should never be left alone while swimming and residential pools should always be gated and fenced in order to prevent accidental drowning. Even children who are avid swimmers should be supervised by a parent, adult, or lifeguard at all times.

Seattle Personal Injury Lawyers You Can Rely On

In spring and summer, childhood accidents are unfortunately very common. If your child is injured through the negligence of another person, it is important to seek legal help immediately. At Phillips Law Firm, we have successfully represented child accident victims in Seattle, Bellevue, Everett, Tacoma, and throughout the State of Washington. Call us today for a free case evaluation at 1-800-708-6000.

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GranuFlo Lawsuits Blame Fresenius

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The latest lawsuit filed against Fresenius, the maker of GranuFlo and NaturaLyte dialysis medications, comes from a man in Louisiana. Ronnie Glasper, a patient at a Fresenius Medical Care center in Louisiana, alleges that he was harmed by alkali dosing errors linked to the use of GranuFlo. On November 4, 2011, Fresenius allegedly sent an internal memo to certain Fresenius medical directors and physicians warning them of the dangers associated with GranuFlo/NaturaLyte. Mr. Glasper alleges that, although the internal memo was sent to some medical facilities, it was not sent to the Fresenius Medical center where he was receiving dialysis, nor was it sent to his attending physician. The memo stated that “borderline elevated pre-dialysis bicarbonate levels and overt alkalosis were associated with six to eight fold greater risks of cardiopulmonary arrest and sudden cardiac death in the dialysis facility.” The lawsuit alleges that Fresenius “negligently and/or fraudulently represented” that tests on GranuFlo/NaturaLyte showed them to be safe for their intended uses. Furthermore, the new lawsuit alleges that Fresenius hid its findings from the public, members of the medical community and the U.S. Food and Drug Administration. The lawsuit claims that Fresenius did not adequately test to determine the risks associated with the use of GranuFlo/NaturaLyte. According to the lawsuit, Mr. Glasper received either GranuFlo and/or NaturaLyte during dialysis treatments at a Fresenius Medical Care center and ultimately suffered a heart attack and stroke. Currently, eleven other federal lawsuits have reportedly been consolidated to a Multi-District Litigation (MDL 2428) in the U.S. District Court for the District of Massachusetts.

Side Effects Associated with GranuFlo Use

Some patients who received GranuFlo reportedly suffered from high blood serum bicarbonate levels. This can lead to other serious health problems, including;

  • Heart attack
  • Stroke
  • Low blood pressure
  • Hypokalemia (low potassium in the blood)
  • Hypoxemia (low oxygen levels in the blood)
  • Hypercapnia (excessive carbon dioxide in the blood)
  • Cardiac arrhythmia (irregular heartbeat)
  • Death

GranuFlo Lawsuit Attorneys

If you or someone you love has been injured by Fresenius Medical Care’s GranuFlo or NaturaLyte dialysis products, please contact one of our skilled national GranuFlo lawsuit lawyers today to protect your rights. To learn more about your rights and legal options, call the Phillips Law Firm today. Our experienced GranuFlo lawsuit lawyers have represented families across the country in their quest for justice. You may be entitled to compensation for your injuries. For a free consultation visit the Phillips Law Firm websitehttp://www.justiceforyou.com or call 1-800-708-6000.

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Both the Federal Drug Administration and the European Medicines Agency have begun investigations into several diabetic drugs known as GLP-1 inhibitors and their connection to pancreatitis and pancreatic cancer. While the links to pancreatitis are not new, new research suggests that pre-cancerous cell growth is a major cause for concern. Some watchdog groups are even calling for a reassessment of the entire class of drugs.

Analyzed adverse events data points to a troubling trend: distinctly higher odds that GLP-1 drugs cause these pancreatitis and pancreatic cancer as opposed to older drugs, such as metformin. In particular, analysis found that the odds were 25% higher for the following drugs:

  • Januvia
  • Byetta
  • Onglyza
  • Tradjena
  • Victoza

“I think the future of the whole class in question. If results are confirmed in a broader patient population, it raises questions about the entire class of drugs.”
–Tom Moore, senior scientist with ISMP

The Institute for Safe Medicine Practices (ISMP) examined 1,723 adverse events that were reported to the FDA between July1, 2011 and June 30 2012 for all five of the GLP-1 drugs listed above. The function of these dangerous diabetic drugs is to mimic a hormone known as GLP-1 that stimulates the pancreas to produce insulin. During this time there were 831 cases of pancreatitis, 105 cases of pancreatic cancer, 32 cases of thyroid cancer, and 101 cases of hypersensitivity. In particular, patients who were injected with Byetta and Victoza were 28.5 times as likely to file a report for pancreatitis compared to patients taking older diabetic medications.

Overall, the odds that a GLP-1 drug, such as Januvia or Byetta, would cause pancreatitis were 25.6% higher than for metformin or sulfonulyreas treatments. Patients taking Victoza were 8 times more likely to file an adverse report for hypersensitivity than patients taking older forms of diabetic medications. The risk of the injectable diabetic medications was far greater than the risk of the oral medications which would cause concern for many diabetics and their physicians.

Not surprisingly, the drug manufacturers continue to push these GLP-1 diabetic medications and tout their safety. A Bristol-Myers spokesman cautioned that “direct comparison of event rates of different agents generated from this type of analysis should be interpreted with caution. Data needs to be put into context with data from clinical trials and epidemiology studies, which are better suited to assess risk.”

National Diabetic Lawsuit Attorneys

Patients who have been diagnosed with pancreatitis or pancreatic cancer after using a GLP-1 diabetic drug, such as Januvia or Byetta, may be able to file a lawsuit. To learn more about your rights and legal options, call the Phillips Law Firm today. Our experienced Diabetic lawsuit lawyers have represented families across the country in their quest for justice. For a free consultation visit the Phillips Law Firm website http://www.justiceforyou.com or call 1-800-708-6000.

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Put those cellphones down Seattle; April is Distracted Driving Awareness Month. Join the National Safety Council and spread the message that distracted driving kills. Thousands of innocent motorists die each year because of distracted drivers that continue to use cellphones, text while driving, or engage in a number of activities that take their focus off of the road. Even using hands-free cellphones can be a distraction and should be avoided.

According to the National Highway Traffic Safety Administration, more than 9% of all drivers are talking on cell phones at any given moment during the day and 2 out of every 3 drivers admitted to talking on the cell phone while driving in the last month alone. Drivers who routinely use their cell phones while driving were more likely to be involved in crashes. In fact, drivers talking on handheld phones or hands-free cell phones were 4x as likely to be involved in a car accident and 21% of all accidents involve drivers who are using the cell phone.

Distracted Driving and Inattention Blindness

Drivers who talk on cell phones miss seeing up to 50% of their environment. This can be deadly for small children who are playing nearby, animals, and pedestrians. They may miss red lights, stop signs, and even other vehicles on the road. This phenomenon is known as inattention blindness and it can cause serious and catastrophic Seattle car accidents.

Distracted drivers account for many Seattle car accidents, but the police report may not always show that the driver was using his or her cell phone at the time of the accident. If you are injured in a Seattle car crash and you believe the other driver was distracted at the time of the crash, a Seattle personal injury attorney may be able to help you file a lawsuit against the negligent party. Cell phone records and forensic specialists may be utilized to help build a solid case against the party responsible for your accident—and your injuries.

Seattle Car Accident Injury Lawyers that Fight for You

At Phillips Law Firm, our Seattle car accident injury attorneys know that distracted driving is a major cause of automobile accidents in the State of Washington. If you or someone you love is injured in an accident in Seattle, Bellevue, Everett, Tacoma, or throughout the State of Washington, our experienced Seattle injury lawyers can help. Call us at the Phillips Law Firm today for a free consultation and review of your case. Call us at 1-800-708-6000 today.

 

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Januvia is a new generation type 2 diabetes medication manufactured by the global healthcare leader, Merck. Lately, however, Merck’s Januvia has come under scrutiny as new evidence has prompted the Food and Drug Administration (FDA) to conduct a safety review of the medication.  The FDA recently released a statement saying that it is evaluating studies that suggest a link to increased risk of pancreatitis and pancreatic duct metaplasia in diabetic patients receiving this diabetic medication therapy.

In March, Dr. Alexander Butler and his fellow researchers at the University of California Los Angeles reported on a small study conducted on donated organs from diabetic patients who had been treated with Januvia, a medication in a class of drugs called incretin mimetics.

Dr. Butler and his colleagues compared the pancreas of patients who had received incretin therapy to those of patients who had received other therapies and non-diabetic controls. They found that the organs from the incretin treatment group had a 40% increase in pancreatic mass and a six-fold increase in beta cell mass compared to the patients who had not received incretin therapy.

In JAMA Internal Medicine, (2/25/13),  researchers at John Hopkins published a study that showed people taking incretin mimetics, such as Januvia, had double the rate of acute pancreatitis. The JAMA study found that patients hospitalized with pancreatitis were twice as likely to be taking the drug Januvia or Byetta as diabetic patients who did not have pancreatitis. This alarmed Consumer Reports so much that it issued warnings urging patients to discuss other therapies with their doctors.

In the British Medical Journal, Dr. Edwin A.M. Gale, professor of diabetes medicine at Southmead Hospital in England, commented on those data. He said that the medical community should be worried about the results of these studies because all forms of pancreatitis predispose a patient to carcinoma of the pancreas. He added that the number of reports of pancreatitis linked to the use of incretin mimetics received by the FDA has reached “astronomical proportions.”

Patients who have been diagnosed with pancreatitis after using the diabetic Januvia may be able to file a lawsuit. To learn more about your rights and legal options, call the Phillips Law Firm today. Our experienced Januvia lawsuit lawyers have represented families across the country in their quest for justice. For a free consultation visit the Phillips Law Firm website http://www.justiceforyou.com or call 1-800-708-6000.

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In the 19th centuries, railroad magnates amassed enormous amounts of wealth and power as the industrial revolution took off in America. Throughout the last century, the railroad industry has seen its fair share of hard times and turmoil, but the overwhelming corporate power has endured. According to present day railroad workers and their lawyers, railroad companies have a long history of retaliating against railway employees who are injured on the job or who complain about safety hazards. After all, injury investigations often shine a bright light on safety hazards in the workplace, and many railroad corporations seem all too eager to keep that bit of news in the dark.

The railroad industry and many other large industries have adopted a concept of “behavior-based safety”. This means that all accidents and injuries are assumed to be avoidable; if they occur, then they must be the fault of the worker and not the corporation. This gives them an easier way to deny workers’ compensation and other benefits, while also giving them justification for firing that employee, thus ridding the company of the responsibility of dealing with an injured worker.

This creates a working environment where workers are far less likely to report injuries for fear of discipline action or losing their jobs. In turn, this fear keeps railway injury numbers low, which serves the employers who are mandated to pass this information along to the Federal Railroad Administration.

“They want those numbers to be low,” says Kaminkow. “[So] in effect they are intimidating the rest of the workforce. Every time they fire Joe Blow who got hurt getting off an engine, people think, ‘Oh my god if I ever get hurt I better just limp home, lick my wounds, go to a hospital, just don’t report it.’ ”
–Ron Kaminkow, general secretary of the Railroad Workers United

Yet all of this may be changing, thanks in large part to 2007 legislation protecting railroad whistleblowers. This legislation has been strongly supported by federal rulings and policy changes in OSHA. Anthony Araujo’s case is a prime example of the changes that have begun to occur and the hope that is now offered to railroad whistleblowers.

Anthony Araujo: Railroad Whistleblower

In February 2008, Araujo witnessed something horrific: a construction worker was fatally electrocuted in front of his eyes. This traumatic event caused Araujo to suffer from post-traumatic stress disorder and he requested time off from work. The New Jersey Transit Rail Operations immediately charged Araujo with violating the company’s electrical rules and they then ceased paying his wages. As a result, Araujo fell into serious debt. Araujo felt that he was blamed for what he saw and for what he described during the investigation as safety hazards and problems within the company.

Araujo filed a complaint against the New Jersey Transit with OSHA’s new whistleblower protection office. OSHA agreed with Araujo and awarded him more than a half million dollars for his lost wages and suffering. New Jersey Transit immediately appealed OSHA’s decision, but Araujo had protection from the 2007 FRSA, which stated specifically that railroad companies may not “discharge, demote, suspend, reprimand, or in any other way discriminate against an employee for protected activities, including reporting safety hazards or a workplace injury or illness.”

 

Since the 2007 FRSA, whistleblower complaints have risen steadily and the number of settlements has increased. Yet despite the hope offered by the 2007 FRSA and Araujo’s recent court rulings, railroad workers and worker’s compensation lawyers say that there are still major hurdles to workers feeling protected from retaliation when they report injuries or safety hazards.

A Washington Worker’s Compensation Lawyer on Your Side

If you have a question about worker’s compensation or have been unfairly treated after reporting a safety hazard, it is important to contact an experienced Seattle worker’s compensation lawyer immediately. At the Phillips Law Firm, our worker’s compensation attorneys have represented workers in Seattle, Bellevue, Everett, Tacoma, and throughout the State of Washington with their worker’s compensation questions and claims. Call us today at 1-800-708-6000 or visit us on the web.

Sources:
http://www.whistleblowers.gov/acts/frsa.html
http://inthesetimes.com/article/14836/blood_on_the_tracks/
http://railroadworkersunited.org/
http://sites.temple.edu/templelawreviewblog/third-circuit-summaries/anthony-araujo-v-new-jersey-transit-rail-operations-inc/

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