2010 March Archive

While many people often connotatively associate the term “whistleblower” with something negative, this is not the case. In fact, individuals who choose to reveal corporate impropriety are providing a valuable service that the United States government appreciates and awards. Qui Tam litigation refers to just that. Specifically, if one party discovers that another party is in some way defrauding the United States government, then the party who informs the government of said fraud is entitled to a certain percentage of the monetary amount that the government was defrauded.

Qui Tam litigation can center around a variety of fraudulent activities in Oklahoma and throughout the United States. According to the False Claims Act, lawsuits may be brought against corporations or other entities that defraud the United States government by:

• Filing inaccurate paperwork that results in greater monetary disbursement being awarded to a company or other entity on behalf of the federal government
• Conspiring to commit a false claim that would result in monetary disbursement being awarded to a company or other entity from the federal government, even though such disbursement is not justified
• Delivering a false receipt to the government for its property or other assets
• Making a false statement to the government in order to avoid having to pay a debt or provide some other reimbursement to the government for property

Often times, false statements and field claims are made in the healthcare sector, with physicians or other medical professionals overbilling the government or seeking excess federal funding or reimbursement for services that were never performed in the first place. Acts like this increase government spending, which is ultimately connected to federal income tax rates that affect all United States citizens. Whistleblowers, therefore, are nothing more than individuals concerned with the well-being of the federal government, our way of life, and who are concerned that a stop is put to fraudulent activity of all kinds.

At Maples Law Firm, instances involving the False Claims Act are taken very seriously. If you have information pertaining to defrauding of the government, please don’t hesitate to contact our attorneys today for more information and a free case consultation. Call us today at 1-888-429-0609 and allow us to help your case.

According to the Winston-Salem Journal, a widow was recently awarded a multi-million dollar settlement to be paid out by R.J. Reynolds Tobacco Co. While a spokeswoman for the tobacco giant revealed that the company plans to appeal the decision, this verdict is nevertheless emblematic of negligent companies being forced to take responsibility when their products have caused harm to consumers. In the above mentioned case, the widow was awarded $5 million in damages and $12.5 million in punitive damages, all because the woman’s husband died from lung cancer, presumably after using R.J. Reynolds Tobacco Co. products.

Regardless of what type of product a person uses, the company responsible for that product has the obligation to manufacture a product that is free of defect, safe for consumers to use under normal conditions, and does not pose an unreasonable threat to a consumer’s well-being. In instances where a defective or faulty product harms a consumer, or if a product is improperly labeled or lacking an accurate warning notice, the consumer may be able to seek damages from the product’s manufacturer. Negligent manufacturer behavior can take multiple forms, but the most common types stem from the product’s initial design, the way the product is manufactured, and the way in which consumers are warned of potential hazards that a product poses via the product’s packaging and warning labels.

Each year, too many Oklahoma residents fall victim in some way to dangerous or defective products. If you or a loved one has been injured due to a dangerous or faulty product, please don’t hesitate to contact the products liability lawyers at the Maples Law Firm. Our experienced Oklahoma personal injury attorneys will hold negligent manufacturers accountable for their actions, seeking damages on your behalf. For more information and a free case consultation, please call us today at 1-888-429-0609.

Source:http://www2.journalnow.com/content/2010/mar/13/jury-awards-175-million-in-damages-against-rjr/

On the heels of Toyota defect recall after recall, Toyota Motor Corporation is sticking by its claim that the issues causing its vehicles to unintentionally accelerate are not related to faulty electronic safety systems. Specifically, Toyota maintains that instances of unintended acceleration are caused either by gas pedals remaining in the depressed position due to an easy-to-fix mechanical problem or faulty floor mats. According to a Reuters.com article, Toyota has discredited outside sources which conclude that the issues surrounding Toyota vehicles may stem from electronic system errors.

Reportedly, Professor David Gilbert, an auto engineering expert at Southern Illinois University, was able to replicate the unintended acceleration scenario in which so many motorists have already been injured or lost their lives. Professor Gilbert did this by manipulating the Toyota vehicles’ electronic throttle control system. However, Toyota Motor Corporation representatives and researchers make the claim that conditions under which the unintended acceleration instances were brought about were hardly indicative of real world driving conditions. Therefore, the results of this study could not be used as evidence that the unintended acceleration issues were being caused by an electronic safety system malfunction.

Regardless of the cause of Toyota’s vehicle issues, the fact of the matter remains that innocent motorists are being placed in harm’s way due to negligent action on the part of Toyota Motor Corporation and its ever-expanding fleet of recalled vehicles. If you or a loved one has been injured due to unintended acceleration issues or any other suspected auto product defect, please contact the auto products liability attorneys at the Maples Law Firm. Our experienced Oklahoma Toyota recall injury lawyers will seek monetary compensation on your behalf, holding negligent auto manufacturers accountable for their actions in a court of law. For more information and a free case consultation, please call 1-888-429-0609.

Source:http://www.reuters.com/article/idUSN0819040820100308

Driving while under the influence of alcohol or drugs often ends in tragedy. Personal injury up to and including wrongful death are prevalent in such types of cases, as a recent incident in southwest Oklahoma City illustrates. According to a news9.com article, a fatal accident involving a 60-year-old driver who was under-the-influence and a family of four ended with serious injuries befalling two children, one of whom lost his life.

Reportedly, the negligent driver ran into the family’s car while they were stopped at a red light near the intersection of I-240 Service Road and Western Avenue. The family’s car was consequently pushed into the intersection, where it was struck by a third vehicle attempting to make a left hand turn. The impaired driver deemed responsible for the accident then proceeded to crash his own vehicle into a utility pole. The two children in the family car, ages 5 and 3, were both taken to the hospital. However, the 5-year-old boy was unable to recover from his injuries, ultimately losing his life.

Negligent driving practices result in far too many Oklahoma traffic accidents each and every year. Driving while under the influence of alcohol or drugs, choosing to travel at speeds in excess of the posted speed limit, or behaving in any other reckless manner are all considered negligent behavior. Any individual found guilty of exhibiting reckless or negligent driving may be held liable for compensatory damages to be paid out to accident victims in a court of law. In the above mentioned tragedy, the man responsible for the accident faces a variety of charges, including DUI. However, accident victims may be able to hold the man monetarily accountable for his actions as well.

At the Maples Law Firm, our skilled Oklahoma personal injury attorneys will hold negligent parties accountable for the actions that contributed towards your accident, seeking compensatory damages on your behalf. Such compensation can help cover the costs associated with your accident, such as medical bills, physical therapy fees, and even lost wages. Call us today at 1-888-429-0609 for a free consultation of your case, and we will fight to ensure that your rights as an accident victim are upheld in court of law.

Source:http://www.news9.com/Global/story.asp?S=12054084

Driver inattention never ends well. Distracted driving practices, whether it is talking or texting on a cell phone, carrying on a conversation with another passenger in the vehicle, or simply taking one’s eyes off the road, often end in a vehicular accident of some kind, which can result in motorist personal injury. A recent tulsaworld.com article explains that a crash in Rogers County involving two vehicles occurred simply because one of the motorists was searching for a piece of gum at the time of the collision.

Reportedly, the accident took place on Oklahoma 266 going westbound where the road intersects with 4100 Road. A 1995 Ford driven by a 58-year-old Claremore man, while waiting to make a right-hand turn onto 4100 Road, was struck from behind by a 19-year-old motorist driving a 2005 Jeep. A 55-year-old Morton man who was a passenger in the truck sustained head and internal injuries, and was listed in critical condition at St. Francis Hospital. The Claremore man sustained arm injuries, while the 19-year-old was not injured at all. According to Oklahoma Highway Patrol, the teenager was allegedly looking into the center console of the Jeep at the time of the crash, apparently searching for a piece of gum.

Driver inattention results in far too many Oklahoma car accidents each year. However, reckless driving habits can take on a variety of different forms, including traveling at excessive speeds greater than the posted speed limit, failure to yield at stop signs and when necessary at intersections, and operating motor vehicles while under the influence of either drugs or alcohol. Regardless of the type of negligent action, the party responsible for that action can and should be held liable for the exhibited negligence. At the Maples Law Firm, our experienced Oklahoma City car accident attorneys will examine the circumstances of your accident, and seek damages from negligent parties on your behalf. For more information and a free consultation of your Oklahoma City car crash, please don’t hesitate to contact us today at 1-888-429-0609.

Source:http://www.tulsaworld.com/news/article.aspx?subjectid=298&articleid=20100313_298_0_Atwoca808213

An SUV accident on the Kansas Turnpike resulted in the deaths of four people and the injury of one more near the Kansas-Oklahoma state border. According to a kansascity.com article, the accident took place when the driver of the SUV attempted to make a U-turn in front of a semitrailer and the two vehicles collided. It was not discussed whether a driving infraction was committed at the time of the incident, or if any other negligent action played a determining role in causing the accident.

The Wellington, Kansas accident took the lives of two males, ages 39 and 27, and two females, ages 22 and 23. A 27-year-old male was also seriously injured during the accident and taken to Wesley Medical Center in Wichita. The driver of the semitrailer was not injured and did not require medical attention. Although it was not stated in the report, a more thorough investigation into the cause of this accident will undoubtedly take place.

Accidents involving large vehicles, particularly trucks, can be especially catastrophic. Two of the four individuals killed in the above mentioned incident were thrown from the SUV, while the other two were pinned inside the vehicle. Generally speaking, semi-trailer truck accidents are capable of affecting a larger number of people than collisions that involve smaller passenger vehicles.

In any event, negligence or reckless behavior has no place on Oklahoma roads and highways, and all individuals found responsible for exhibiting such behavior can be held accountable for it. An experienced Oklahoma truck accident attorney will seek compensatory damages on behalf of injury victims, fighting to ensure that their rights are protected. If you’ve been injured in an Oklahoma car accident, please don’t hesitate to contact the skilled personal injury attorneys at the Maples Law Firm. For more information and a free consultation of your case, call us today at 1-888-429-0609.

Source:http://www.kansascity.com/2010/02/25/1772552/4-people-killed-in-accident-on.html

We entrust nursing homes to properly care for our loved ones who can’t necessarily take care of themselves. Unfortunately, the Oklahoma State Department of Health has recently cited more than 830 violations, some of which include resident theft, unsanitary conditions, and even threats of physical violence against residents. These violations took place in residential care homes in the state of Oklahoma between the time periods of late 2006 to early 2009, according to a two-part tulsaworld.com report.

Residential care homes slightly differ from nursing homes in that residents are not necessarily elderly; instead, they are typically mentally inhibited which prevents them from safely living on their own. However, the similar type of treatment received at both facilities should never be characterized, as the article points out, by acts of rape, sexual abuse, or general mistreatment that leads to serious injury or fatality. Other documented cases of inappropriate treatment include residents being forced to live in filthy, unsanitary conditions, and even being supervised by convicted felons. Regardless of what kind of poor treatment residents receive, negligent nursing homes and caregivers who fail to provide safe living conditions need to be held accountable for that failure in a court of law.

If you suspect that your loved one has been affected by the negligence of a staff member or caregiver in a nursing home or another residential facility, please contact the Maples Law Firm immediately at 1-888-429-0609. Our Oklahoma nursing home neglect attorneys will examine the circumstances of your loved one’s plight, hold negligent caregivers accountable for their actions, and will even seek compensatory damages so that your loved one will be able to lead a more comfortable life in a properly maintained environment. We are here to help ensure that the rights of your elderly loved ones are not infringed upon any longer, and will do all we can to ensure that they are protected from negligent caregivers and improperly managed facilities. Contact the Maples Law Firm today for a free consultation.

Source:http://www.tulsaworld.com/webextra/content/2010/group_homes/article.aspx?subjectid=11&articleid=20100221_11_A1_Snelto305370&allcom=1;http://www.tulsaworld.com/webextra/content/2010/group_homes/article.aspx?subjectid=11&articleid=20100222_11_A1_Client696754

The Oklahoma Department of Transportation (ODOT) is responsible for the upkeep of Oklahoma roads and highways (not all of them though, as some roads are city or privately owned). This helps ensure that motorists are not put in harm’s way when traveling. However, upkeep can often be lax. For instance, dangerous road conditions can arise and unsuspecting Oklahoma motorists may become involved in traffic accidents that could ultimately result in personal injury or even wrongful death. According to an article featured on tulsaworld.com, ODOT has compensated motorists more than $465,000 since 2005 for such incidents.

Reportedly, the ODOT will compensate affected motorists if they provide evidence which shows that the ODOT was in some way negligent in allowing for vehicles to be affected by unsafe road conditions, such as potholes and other road impairments. For example, a Rogers County man was awarded $62,500 in 2009 for what was deemed to be a “dangerous interchange/failure to warn.” However, it should be noted that the ODOT must accept that negligence took place. For all instances where an individual is affected by a matter that the ODOT was not aware of, no such compensation will be granted. Nevertheless, anyone injured in an auto accident may want to consider contacting an experienced Oklahoma auto accident attorney who will protect their rights and help hold negligent parties liable for injuries sustained.

If you’ve been injured in an Oklahoma car accident which you believe resulted from a dangerous road condition, please contact the skilled personal injury attorneys in Oklahoma City at the Maples Law Firm. We will thoroughly examine all ODOT claims to ensure that your rights as a motorist are not infringed upon by the ODOT. For more information and a free consultation of your case, call us today at 1-888-429-0609.

Source:http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20100228_11_A1_Forthe146904