March 2010

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FDA Investigating Fosamax-Related Femur Fractures
 
If you saw the recent ABC World News report showing the frightening femur fractures that some women who have been using the bisphosphonate drug Fosamax (alendronate) to fight osteoporosis are now suffering, you won’t soon forget it.

ABC’s Richard Besser, MD, explained the drug may “limit…bone’s natural ability to protect itself from stress.” He continued, “In 2008, the FDA raised the issue with Merck” which, more than a year later, “added information on the package insert” warning of the possibility of “low energy femoral shaft and subtrochanteric fractures.’”

Still, Besser noted, the agency has “never made an effort to inform the public or doctors across the country who are prescribing this drug of this possible side effect,” but said it is “looking into reports of the fractures.”

Free Legal Advice?

Yes, at Kraft & Associates we are glad to provide our clients and friends with free information on a variety of subjects. If you want details about how to lower your automobile insurance rates, Texas Workers' Compensation law or Social Security Disability claims, please contact us and we will send you any of these brochures without charge or obligation.

 



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 FOR THE RECORD


Dallas-Fort Worth Foreclosure Rate May Be Artificially Low

The Dallas Morning News recently ran an interesting and somewhat disturbing article about the decrease in local foreclosures in 2009. The good news is that the number of foreclosures dropped in 2009 from previous years. But the bad news is that this drop may have been artificially induced by strategies employed by financial institutions. Here are excerpts from the article:

Dallas-Fort Worth area home foreclosures for 2009 fell to their lowest level in three years. But the almost 12 percent drop doesn’t mean that fewer North Texans are threatened with losing their homes. Indeed, the number of D-FW homeowners with a loan in default is at a record high, and foreclosure filings continue to grow. Actual foreclosure sales have fallen, though, because many lenders are negotiating longer with borrowers and delaying foreclosures for months, a close look at the data shows.

“There are an awful lot of problem loans out there that should be foreclosed on and are not,” said George Roddy, who heads Foreclosure Listing Service of Addison, which tracks foreclosures in 19 Texas counties. “Perhaps they think if they delay long enough, the situation will work itself out.

”Yes, foreclosures are down, but it’s artificial.”

Last year, lenders sold 18,637 homes at foreclosure auctions in Dallas, Tarrant, Collin, Denton and Rockwall counties. That’s down from 21,174 forced sales in 2008 and 19,102 in 2007, according to a Dallas Morning News analysis of Foreclosure Listing Service’s numbers. More than 65 percent of the loans on foreclosed homes were made between 2005 and 2009. The average loan balance was about $130,000.

Along with avoiding the bad publicity from throwing thousands more homeowners out of their houses, lenders postpone taking ownership of the property because it can cost them. By some estimates, it costs a lender $50,000 to foreclose on a home.

Recent reports showed that the ratio of Texans behind on their mortgage payments has risen to more than 10 percent for the first time. In the Dallas-Fort Worth area, about 6 percent of homeowners with loans at the end of 2009 had missed three consecutive mortgage payments. Even in cases where borrowers are that far behind, many mortgage companies – spurred by government programs – are attempting to modify the debt and avoid foreclosure.

So far, there’s no indication that foreclosure filings and home mortgage payment delinquencies will decline in 2010. So far this year, home foreclosure filings in the D-FW area are up 22 percent from the first quarter of 2009. About 15 percent of Dallas-area homeowners with mortgages owed more than their house was worth at the end of 2009, according to a new report from First American CoreLogic. That makes them much more likely to walk away from their homes if they’re caught in a cash squeeze.

If you have questions about foreclosure, debt collection, or other aspect of consumer law, including consumer bankruptcy, please contact our firm. We'll be glad to visit with you, with no obligation on your part.
 
 FOR YOUR INFORMATION
Report: Congress Should Focus on Curtailing Medical Errors, Not Patients’ Rights
 
According to an update of the National Practitioner Data Bank released recently, fewer medical malpractice payments were made on behalf of doctors in 2009 than any other year on record. This contradicts claims by some that medical malpractice litigation is to blame for rising health care costs. Last year was the fifth consecutive year the number of payments has fallen, and the sixth straight year in which the value of payments has fallen. In contrast, U.S. health care costs have increased every year since 1965, the earliest year for which such data exist.

Numerous studies have found that injuries and deaths caused by medical errors dwarf the number of actual medical malpractice payments. For example, the Institute of Medicine found in 1999 that 44,000 to 98,000 people die every year due to avoidable errors. Subsequent studies have estimated even higher casualty levels.

You can read much more about this report in Public Citizen’s detailed analysis.
 

 FEATURED EMPLOYEE

Daryl Greene
Office Services Manager

E-mail: dgreene@kraftlaw.com

Mr. Greene joined our firm in 1995, after he worked for a number of years in the automobile repair business. Mr. Greene has responsibility for all office services, supplies, and equipment at our firm. He deals with the many vendors who work with us.

 

 FEATURED CASE
Reasons to Contact a Lawyer After Any Auto Collision

Recently attorney Nicole Collier of our firm received a frantic phone call from her daughter, who had just been involved in a car wreck. She was still at the scene in the middle of the road when the other driver came up and accused Ms. Collier's daughter of hitting her, when actually the other driver had improperly changed lanes.

The daughter said she did not feel pain at the moment and there really wasn't much damage to her car -- a busted side mirror and a dent in the side panel. Ms. Collier immediately instructed her daughter to call the police and, if safe, to take pictures of her car and the other driver's car as they sat in the middle of the street.

The police arrived and took a statement from each of them. The other driver admitted to the officer that she saw the daughter in the lane next to her but her lane was about to end so she tried to move over anyway. The officer enlightened her on the law concerning safe lane changes and gave his opinion that she was responsible for causing the wreck. However, the officer told them that no report would be made because neither driver said they were injured.

Ms. Collier asked her daughter to get the officer's name, badge number, and precinct, as well as his business card, in case she needed to call him in the future. Ms. Collier also suggested that her daughter write down everything that happened as soon as possible, in case she needed to reference it in the future.

A few days later, the daughter woke up with a stiff back and ended up seeking medical treatment that she still gets today. Ms. Collier's daughter learned that her vehicle only had $600.00 in property damages but she was still injured.

Not all of us have a lawyer to call at the time of a car wreck, and not all injuries are apparent at the moment of the wreck. However if you are in a car wreck, you should follow these instructions: make sure you are okay, call the police, take pictures, move your car out of traffic, seek medical treatment as soon as possible, and write down everything you remember about the wreck.

If you have been in a car wreck, no matter how big or small, please don't hesitate to call Kraft & Associates. We're Easy To Talk To.
 
 HOW CAN WE HELP YOU?
Our law firm has helped thousands of clients over the years. Sometimes clients who use our firm for one type of case may not realize that there are other legal problems we could help them solve.

We handle most types of injury claims — including automobile collisions, "slip and fall" cases, injuries suffered as a result of defective products, injuries resulting from inadequate security, medical malpractice claims, nursing home negligence claims, prescription drug injuries, and many others. We invite you to call us about any serious injury to see how we can help you.

Kraft & Associates also represents people who have been denied their Social Security Disability benefits. We can help at the Initial stage, the Reconsideration stage or the Hearing stage. Our law firm also represents people who have immigration problems of any kind, whether family-based immigration or employment-based immigration.

Our firm can help you understand your rights under Federal and Texas consumer protection laws and assist you with stopping creditor wrongdoing, obtaining compensation for wrongful acts by creditors, or with correcting your credit report. We can also help you evaluate your options and decide whether a Chapter 7 or Chapter 13 bankruptcy case might be your best option. Most clients can protect all of their property, income, and assets in a bankruptcy case, and obtain the "fresh start" promised by the United States Bankruptcy Code.

Please feel free to call us with any legal questions you may have. If we cannot represent you, we will attempt to refer you to another attorney or to a government agency that can help you. There is no charge or obligation for that first phone call.

Kraft & Associates is a federally designated Debt Relief Agency under the United States Bankruptcy Code. We assist people with finding solutions to their debt problems including, where appropriate, assisting them with the filing of petitions for relief under the U.S. Bankruptcy Code.


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