No.

The LA County Bar Assn ruled on this issue, from its Ethics Committee under Formal Opinion 478 [1994].

Question: When a PI case settles and the patient ‘instructs’ the PI atty not to pay the doctor but to send the money to the client instead---though there is a lien, does the atty have to follow his client’s instructions?

Answer: So long as the atty & patient signed a lien. The Bar opined that since the atty signed the lien he has a “fiduciary” duty to honor his contract with the doctor. Crooks vs. St Bar (1970)

Solution:

1. The PI atty must get consent from both the doctor and client to keep the money in Trust until an agreement is reached, or
2. If no resolution, then the atty should file an Interpleader—and forward the actual funds from his Trust account to the Superior Court—Finally the atty must name his own client and the doctor as defendants.

For a copy of this opinion email
johntawlian@shawnsteel.com

Women who took Zoloft were not advised that if they continued to take this anti-depressant medication during pregnancy, that they had a greater risk to their infant suffering one of these side effects. Sadly, anti-depressants such as Zoloft, when taken by birth-rearing women during pregnancy, greatly increases the risk of severe birth defects, including:

Cleft lip and or palate, cardiac defect, pulmonary hypertension, limb malformations.

If you are aware of a child who was born with a side effect from Zoloft, Paxil, Celexa, Lexapro, Topamax, or Depakote, the family may have a claim.

Remember: SSRI antidepressants including Zoloft, Paxil, Celexa, and Lexapro have been linked on numerous occasions to birth defects when mother took one of these drugs during pregnancy.

Certain studies have indicated that pregnant women who took an SSRI such as Zoloft, Paxil, etc. after the 20th week were six times more likely to give birth to a baby with PPHN than not. Contact us if you have any questions.

Samantha Adair, a 17 year old student, was rear-ended by defendant who was on her way to the Chumash Casino. The impact forced Samantha’s car into the car ahead. There was no ambulance or emergency room admission.

Samantha’s major issue was she could ‘no longer play” competitive volleyball and she lost an athletic scholarship. She suffered chronic thoracic and lumbar instability.

Defendant Farmers argued that Samantha’s claim was flawed because :

1. That her injuries were not ongoing
2. Disputed the length of her care
3. Disputed the reason she stopped playing
4. Disagreed she was qualified to get a scholarship

Samantha demanded Farmers pay $49,999.99. Farmers instead offered $11,500.

Samantha’s case was all about her ADL and LOE. She not only had the excellent support of Keith Jeffers, DC, but also from Jeffrey Tubbs MD, family practitioner, Vanessa White EdD woman’s collegiate sports recruiter.

The jury believed Samantha over Farmers. They awarded some $88.682. The court added another $23,548 for Samantha’s court costs and interest.

Adair v. Philpott 562 010003 818 91 Ventura Co Superior Court, Judge Henry J. Walsh. 12.16.11