Behind the Shield Newsletter – March 2025

What to Look for in a Dangerous Drug Lawyer If you or a loved one suffered injuries, illnesses, or death caused by defective medications, you need the help of a Bordas & Bordas dangerous drug lawyer. We could hold pharmaceutical companies accountable and help victims like you secure compensation for medical bills, lost wages, and pain and suffering. Navigating complex liability issues between manufacturers and doctors is not an easy task. Only a few dangerous drug lawyers have the skills and experience to maximize your settlement. Read on to learn what to look for in a dangerous drug lawyer and contact our team for help protecting your rights. What Makes a Drug Dangerous? Even big pharma makes mistakes, and while medications are designed to help, dangerous outcomes like severe side effects, drug-drug interactions, and overdoses are a significant public health issue. Pharmaceuticals may cause harm even when you use them as intended. This can happen due to improper FDA approval, a manufacturing defect, contamination, dangerous interactions with other drugs, undisclosed side effects, improper labeling, or inadequate warnings. Taking these dangerous drugs comes with risks that far outweigh their prescribed benefits and could lead to very serious side effects. From severe allergic reactions and organ failure to neurological damage and birth defects, taking these medications could be life-threatening. What Should You Look for in a Dangerous Drug Lawyer? When you look for a dangerous drug lawyer, prioritize attorneys with specific, proven experience in product liability. It is essential to ensure they have handled cases involving the exact or similar medications and understand the complex scientific and medical data involved. This professional legal advocate should have a strong track record of settlements against Big Pharma, as well as ample resources for complex investigations. Dangerous drug cases are long and costly, and a reputable firm should have the financial stability to handle extensive litigation, hire expert witnesses, and manage massive documentation. Does the Dangerous Drug Lawyer You Hire Really Matter? Yes. The lawyer you hire makes all the difference in achieving the very best outcome in your dangerous drug claim. They should keep you informed and make you feel supported, and not like just another case file number. Poor communication or difficulty reaching the attorney is a red flag that could delay your case or even risk your compensation altogether. If a fair settlement cannot be reached, you need an attorney who is not afraid to go to court and litigate on your behalf. Warning signs may not be easy to spot at first. So, be wary of a dangerous drug lawyer who makes vague promises about the outcome of your case or one who lacks the specialized experience that is essential in these types of matters. Learn What Our Dangerous Drug Lawyers Deliver and Reach Out The dangerous drug lawyers at Bordas & Bordas have won many multimillion-dollar settlements for our clients, and we stand ready to offer you the same quality legal services. With our contingency payment structure, let us take on your claim’s risk while you recover. Schedule an appointment for your free consultation to learn more about what to look for in a dangerous drug lawyer.

According to 26 U.S.C.A. § 7430(c)(1) and I.R.C. § 7430(c)(1), the term “reasonable litigation costs” are defined as follows: (A) reasonable court costs, and (B) based upon prevailing market rates for the kind or quality of services furnished— (i) the reasonable expenses of expert witnesses in connection with a court proceeding, except that no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the United States, (ii) the reasonable cost of any study, analysis, engineering report, test, or project which is found by the court to be necessary for the preparation of the party's case, and (iii) reasonable fees paid or incurred for the services of attorneys in connection with the court proceeding, except that such fees shall not be in excess of $125 per hour unless the court determines that a special factor, such as the limited availability of qualified attorneys for such proceeding, the difficulty of the issues presented in the case, or the local availability of tax expertise, justifies a higher rate. In the case of any calendar year beginning after 1996, the dollar amount referred to in clause (iii) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, by substituting “calendar year 1995” for “calendar year 2016” in subparagraph (A)(ii) thereof. If any dollar amount after being increased under the preceding sentence is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10. Corson v. C.I.R., 123 T.C. 202 (2004) addressed what is a reasonable litigation cost and specifically discusses section 7430. The opinion states that section 7430 defines reasonable litigation costs as reasonable court costs and reasonable fees paid or incurred for the services of attorneys in connection with the proceeding. Corson, 123 T.C. at *212 (citing Sec. 7430(c)(1)). Corson involved the review of determining what the fair litigation costs of the prevailing party are in a tax claim. Furthermore, attorney’s fees, which may be considered litigation costs in a claim, are limited by statute and are adjusted for living costs. Id. (citing Sec. 7430(c)(1)(B)(iii)). According to the National Center for State Courts’ Civil Litigation Cost Model, the median costs of litigation broken down by case type are as follows: Automobile $43k, Premises Liability $54k, Real Property $66k, Employment $88k, Contract $91k, and Malpractice $122k. More on this can be found here. As you can see, the cost of litigating a legal claim can be very expensive. A contingency lawyer will generally agree to forgo all attorney fees and litigation costs if there is no verdict or settlement in the client’s favor. It is this factor that will likely benefit a client in various ways. Examples of the same are that the attorney bears all the economic risks associated with the litigation, and the contingency fee substantially ensures the attorney will be diligent and assertive in the handling of the claim, because the attorney will not get paid, if at all, until a successful resolution of the case. A person may want to keep all of this in mind when assessing the legitimacy of the lawyer’s share of the recovery in a successful claim.

January and February are times of year I’m not too fond of, but things weren’t always this way. The little girl inside me, for instance, has great memories of sled riding. My parents’ backyard was ideal for sledding. When it snowed, the hill was just a blank slate of white, crystal-like fluff, waiting for us to make our tracks. Who would have the fastest or coolest run?nnFor my siblings and I, sled riding was convenient and a great activity we used to enjoy in the winter months for hours at a time. We had no fancy equipment. I used plastic bread bags to line my rubber boots; a bar of Dial soap to make the sled extra slippery; and layers upon layers of clothes. (Honestly telling this story, I see quite a resemblance to little Randy in A Christmas Story.) Carefully though, I ensured not an inch of skin was exposed because I was serious about this. I was ready to embark upon an adventure for the entire day. By the time we were ready to walk out our door, all you could see were eyeballs.nnWe never thought much about the risks involved. There were just a few faux pas. For example, the time my face got wind burned. Of course, the never-ending issue that could quickly become a disaster was when we had to run inside to use the restroom by dismantling all those wet frozen clothes just in the nick of time. We’d beg our Mom to yank the frozen boots off our feet so we could make a mad dash through the house. We always waited until the very last minute because sledding had to be taken advantage of while it lasted.nnSometimes, my older brother and my neighbor would build snow ramps. They always included me, but their idea of including me was assigning me jobs. And one job was very important. I was the tester. What’s this you ask? The tester is the first one to try something out to let everyone know if it has met safety protocol and was ready for use. Little did I know, I was, in other words, an experiment.nnAnticipation and anxiously eager to just hang with the boys, I didn’t object. I just jumped in and complied. That snow ramp they built – yes, I can attest the landing spot was right onto my parents’ patio – was sometimes without enough snow. I couldn’t say a word because the wind was knocked out of me, but that soon passed. There were the briar bushes – well, yes of course, you should bail because they are able to scratch you through your mittens.nnOh, and the snowball fights (yes, adding water to make ice balls does sting much more when hit).  Then, as they yell bail, I am thinking I am so wrong, They ARE looking out for me, keeping me safe – or, as I soon learned they just wanted to ride alone. That’s okay because they felt bad and to make up for it, they would always let me drag the sleds back up the hill. These were the benefits of being the little sister.nnSounds somewhat comical and probably very similar to many childhood memories, but things didn’t seem so serious back then.  We never really thought about what could go from fun to a disaster in an instant.nnWe had all the wrong approaches and just got lucky nothing too severe ever happened. Yet that’s exactly what it was – luck.nnSeriously, thousands of emergency room visits every year are the result of sled riding accidents. Broken bones, cuts, bruises, and serious head trauma are very real risks.  Some of those accidents are rather serious and can, unfortunately, even be deadly, leaving families shocked from what began with all smiles and innocent fun that suddenly turned into a nightmare.nnSafety tips: Do not stand on a sled. You should single ride a sled unless it’s a smaller child that needs an adult. Keep arms and legs inside the parameter of your sled and certainly don’t follow in my footsteps and jump off ramps and try to maneuver obstacles. Wear a helmet, which is something we never thought about eons ago. They say even a scarf can strangulate someone sled riding if it manages to tangle in just the right spot. I never, ever, thought of those things.nnAlso, use an actual sled, not a garbage can lid. If there aren’t enough sleds, just wait your turn. Yes, we were just really lucky. You better believe I got wiser as I got older and sure have thanked my lucky stars. Beware though, luck may not be on your side.nnTake the safety steps to end the day with stories, smiles and hot cocoa by the fireside instead of sitting in a waiting room for hours wondering if your loved one is going to be okay.nnIf I haven’t scared you straight enough, my next point on this topic is this: premises liability.  Ever think about that?nnYou may need to re-think letting all the kids gather at your house for a fun day in the snow because when accidents happen -- and they always do -- you could potentially open yourself up for legal woes. Depending on certain criteria in your state, personal injury on your property just may land you in court.nnCheck your homeowner coverages and be sure your space is in tip-top shape with no dangerous hazards that could possibly contribute to someone’s personal harm. Premises liability depends on the state where the injury occurred. Some consider not only property condition, but the actions or inaction of the property owner and/or the injured person. Was the person invited? Did they just decide to sled on your land without your consent? It might not matter depending on the laws in your state. You may still be liable.nnDuty of care particularly involving children is always a consideration even if you may not know the child was there to enjoy your land for the day. The uncertainty and worry of where that may place you in a potential lawsuit should be enough to be diligent and take proper care. In the end, concussions, fractures, severed digits or limbs can’t be changed once they happen. So, as you and your family have fun on these upcoming wintery days, be safe and take proper precaution. Don’t take that wrong turn because you don’t want to find out what started as innocent fun turned into a disaster in an instant.