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Experienced Nationwide Trial Lawyers

Investigations

Miller Schirger continuously investigates claims for personal injury and wrongful death resulting from dangerous drugs, defective products and mass torts, as well as claims for losses related to insurance, securities, and other financial products.

Our current investigations include the following:



Life Insurance: "Cost of Insurance" Overcharges and Rate Increases

Miller Schirger is currently investigating claims against life insurance companies related to “Cost of Insurance” and other “Monthly Deduction” overcharges and rate increases in connection with certain permanent life insurance policies.

If you own a "universal," "variable universal," "whole life," "variable whole life," or similar "flexible premium" life insurance policy, your insurance company may be overcharging or preparing to overcharge you for the "Cost of Insurance" charge, "Mortality" charge, or "Monthly Deduction" taken from your policy value each month.

These types of life insurance policies typically describe what the insurance company can include in the charges it deducts from your policy value each month. Your insurance company may be violating the terms of your policy, and subjecting you to improper overcharges, by including hidden charges in your policy’s "Monthly Deduction," "Cost of Insurance" charge, or "Mortality" charge.

Many of these policies also restrict insurance companies from increasing the rates used to calculate the "Monthly Deduction," "Cost of Insurance" charge, or "Mortality" charge, unless their "mortality expectations" have worsened. Most of these companies’ mortality expectations have improved over the last few decades, so they should be decreasing these rates, not increasing them. Your insurance company may be violating the terms of your policy, and subjecting you to improper overcharges, if the "Monthly Deduction," "Cost of Insurance," or "Mortality" rates for your policy have increased, or you received notice that they will increase soon.

These improper overcharges and rate increases could be costing you thousands of dollars, depending on the amount of insurance you own, and how long you have owned your policy.

Miller Schirger is currently prosecuting claims on behalf of policyholders alleging that insurance companies are violating the terms of their policies by inflating "Monthly Deduction," "Cost of Insurance," and "Mortality" charges, and by improperly increasing the rates used to calculate them.

How do I know if I have one of these policies?
In addition to a death benefit, these types of "permanent" life insurance policies generally provide an investment, interest-bearing, or savings component. They also typically describe the separate fees and charges, including a "Monthly Deduction," "Cost of Insurance," or "Mortality" charge that the insurance company takes from your policy value each month. If your policy describes one or more of these charges, your insurance company may be overcharging you.

In addition, if your policy’s "Monthly Deduction," "Cost of Insurance," or "Mortality" rates have increased, or you received notice that they will increase soon, your insurance company may be violating the terms of your policy.

We would like to hear from you if you have these types of policies sold by any life insurance company. Please contact us to schedule a free consultation.

General Motors Ignition Switch Recall

In 2014, GM recalled 1.7 million cars because of a defect in their ignition systems that causes the ignition switch to move out of the “run” position. The defect functionally turns off the engine and prevents air bags from deploying in the event of a crash. Consequently, this defect not only increases the risk of an accident but also the risk and severity of accident related injuries.

As of August 2014, the following makes and models have been recalled:

  • 2005-2009 Buick Lacrosse 
  • 2006-2011 Buick Lucerne 
  • 2003-2014 Cadillac CTS 
  • 2000-2005 Cadillac Deville 
  • 2006-2011 Cadillac DTS 
  • 2004-2006 Cadillac SRX 
  • 2010-2014 Chevrolet Camaro 
  • 2005-2010 Chevrolet Cobalt 
  • 2006-2011 Chevrolet HHR 
  • 2000-2014 Chevrolet Impala 
  • 1997-2005 Chevrolet Malibu 
  • 2000-2007 Chevrolet Monte Carlo 
  • 1999-2004 Oldsmobile Alero 
  • 1998-2002 Oldsmobile Intrigue 
  • 2007-2010 Pontiac G5 
  • 1999-2005 Pontiac Grand Am 
  • 2004-2008 Pontiac Grand Prix 
  • 2006-2010 Pontiac Solstice 
  • 2003-2007 Saturn Ion 
  • 2007-2010 Saturn Sky 

IMPORTANT! If you are currently driving a car covered by the recall, you should follow the safety instructions provided by General Motors to avoid injury.

Telephone Consumer Protection Act (TCPA) Claims

As technological innovations continue to advance, new safeguards are required to protect our privacy and our daily lives. To that end, Congress enacted the Telephone Consumer Protection Act (TCPA) which, in part, prevents companies from contacting individuals through the use of artificial/prerecorded voice phone calls without the prior consent of the called party. These types of calls are sometimes referred to as “Robocalls.” In an effort to crack down on these unwanted invasions into our lives, the TCPA provides for a private right of action for a violation of the law.

Risperdal

Risperdal is an anti-psychotic medication approved by the FDA for treating schizophrenia in adults and bipolar disorder in children, and has reportedly been prescribed for other purposes without approval.

Unfortunately, Risperdal may be the cause of a heightened number of men and boys suffering from gynecomastia (the growth of abnormally large breasts in males). The unusual disfigurement of gynecomastia can lead to embarrassment and ridicule from peers and other psychological and physical damages.

Xarelto

Xarelto is a commonly prescribed blood thinning medication often used for treating blood clots and preventing strokes in patients with atrial fibrillation. Unlike many other blood thinners, Xarelto has no antidote to counteract the hemorrhaging and severe internal bleeding it may cause. As studies and their results are revealed, the risks and adverse effects of Xarelto continue to mirror those of Pradaxa, another blood thinning medication, the manufacturer of which recently settled claims against it for the same issues for $650 million. The types of injuries related to Xarelto that are under investigation include: uncontrollable internal bleeding; gastrointestinal bleeding; hemorrhaging; deep vein thrombosis; pulmonary embolism; and death.

Benicar

For over 12 years, Benicar has been used in the treatment of high blood pressure. While functioning as an effective blood pressure medication, studies are now revealing a link between Benicar use and sprue-like enteropathy, and while there are many angiotensin receptor blockers on the market designed to lower blood pressure, to date Benicar remains the only one linked to sprue-like enteropathy. Sprue-like enteropathy causes severe gastrointestinal problems including but not limited to: chronic diarrhea; nausea; dehydration; vomiting; and excessive weight loss, as well as cardiovascular problems and villous atrophy. Many users of Benicar took the drug without being adequately warned of these risks prior to the FDA requiring that Benicar add such warnings to its prescription labels. The FDA continues to investigate studies linking Benicar to other severe injuries including strokes, heart attacks, and death.

Transvaginal Mesh

Throughout the past decade, hundreds of thousands of women struggling with incontinence and related issues turned to their medical providers for help and were offered transvaginal meshes and slings, which were believed to be minimally invasive and relatively cheap cures for these ailments. Unfortunately, many of these meshes and slings were not effective, and caused these women to suffer through even more severe medical issues, revision surgeries, and removal operations. These transvaginal meshes and slings have caused a variety of injuries including: injuries caused by device erosion; device migration; dyspareunia (painful sexual intercourse); severe pain; organ perforation; and infection.

Actos

Actos is a drug used to help control blood sugar for people suffering from type 2 diabetes. Research has shown that using Actos for more than 12 months may increase the risk of bladder cancer. The litigation surrounding Actos is centered on the fact that the manufacturers of the drug knew of the tests results and data revealing these risks and failed to disclose them to the government or the public. Due to this concealment, many victims now suffer from bladder cancer when they may not have otherwise. In a case tried in Louisiana in 2014, the manufacturers of Actos were ordered to pay $9 billion to a victim in compensatory and punitive damages.

Testosterone Replacement Therapy

While they have grown in popularity in recent years, there is new research finding that testosterone treatments could cause an increased risk of heart attack, stroke and potentially death.

If you or a loved one has taken one of the products below and suffered a heart attack, congestive heart failure, or stroke, you may have a claim:

  • AndroGel
  • Androderm
  • Axiron
  • Bio-T-Gel
  • Delatestryl
  • Depo-Testosterone
  • Fortesta
  • Striant
  • Testim
  • Testopel

Contact Miller Schirger

If you or someone you know has suffered injury or loss as a result of these or other dangerous drugs, defective products, or securities and other financial products, please contact Miller Schirger to discuss your situation and potential claims. We offer free, confidential initial consultations.

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