Family First Coronavirus Response Act (FFCRA)

Paid leave rules in the Family First Coronavirus Response Act (FFCRA) will begin on April 1. Herrman & Herrman explains what that means for you:

• The FFCRA applies to any leave taken between that date and December 31 of this year. It is not retroactive to any date before April 1.
• There are 2 main benefits in the FFCRA: The Emergency Family Medical Leave Expansion Act (FMLA), and The Emergency Paid Sick Leave Act
• The FMLA Expansion and Emergency Paid Sick Leave Acts only apply to employers with fewer than 500 employees.
• There is an exemption for small businesses if providing paid sick leave for child care and expanded FMLA leave at a business with fewer than 50 employees would put the viability of the business at risk. To use this exemption, the employer would document why they meet the criteria. More details will be available soon on this subject.

FMLA Expansion (FFCRA Division C)

FMLA leave is available for eligible employees who take leave for a “qualifying need related to a public health emergency.” Essentially, the employee cannot work, either on location or from home, because they must care for a child who is under 18 because their school or daycare is not available because of the public health emergency.

An employee must have been employed at least 30 calendar days to be eligible, a change from the one year required before the FMLA expansion. It applies to companies with 50 or more employees, but under the FFCRA, FMLA paid leave applies to all employers unless they have an exemption. 

Example: Your child’s school or daycare is closed and you have been working for your employer for 31 calendar days. You are eligible for FMLA leave because of the Coronavirus pandemic.

The first 10 days of leave are unpaid. Afterward, the employer must pay two-thirds (⅔) of the employee’s normal rate of pay for the hours that employee either was or would have worked normally up to $200 per day or $10,000 total for the duration of the leave. Upon return, employers are required to bring the employee back to their original position, except for employers with fewer than 25 employees in some circumstances. For those employers, they may choose not to bring an employee back if the position no longer exists due to economic conditions caused by a public health emergency during said leave. However, the employer must still make efforts to re-hire the employee at an equivalent position.

An employer cannot require an employee to substitute any other kind of leave for FMLA leave. They may, however, allow the employee to use other types of paid leave with full pay in lieu of the 10 day unpaid portion of FMLA leave. Employees must, and should, give as much notice as possible if the reason for the leave is known in advance.

Emergency Paid Sick Leave (FFCRA Division E)

Employers must provide paid sick leave immediately, without a 10 day waiting period as provided in the FMLA Expansion, if the employee is unable to work either on location or from home because they:

1. Are subject to a quarantine or isolation order related to Coronavirus,
2. Have been told to self-quarantine by a health care provider related to Coronavirus,
3. Are experiencing symptoms of COVID-19, the illness caused by Coronavirus,
4. Are caring for someone subject to a quarantine or isolation order or someone who has been told to self-quarantine by a health care provider.
5. Are caring for their child if the child’s school or childcare has been closed or is otherwise unavailable because of Coronavirus.

Employees who work full-time are eligible for up to 80 hours of paid sick time. Part-time employees are eligible for paid sick time equal to their average number of hours worked during a two week period. Paid sick time is available immediately, regardless of how long the employee has been with the employer. Employers may not require the employee to use other types of leave provided by the employer before using Emergency Paid Sick Leave and may not deny leave given before the Act went into effect.

New Emergency Paid Sick Leave requirements go into effect April 1. The leave provided does not roll over from year to year and is not payable when the employee leaves their position. An employer may not discriminate or retaliate against an employee for using emergency sick leave, however they may require reasonable notice procedures to continue to receive paid sick leave.

If an employer fails to pay sick time under Emergency Sick Leave it is considered the same as failure to pay minimum wage under the Fair Labor Standards Act, which allows for damages up to twice the amount owed plus attorneys’ fees. (Subject to 30 day non-enforcement period).

All businesses covered by emergency paid sick leave must post this notice, no matter the size of the company. The notice may be emailed or directly mailed to employees, or posted on internal or external websites. It does not have to be shared with employees who have been laid-off.

Businesses with fewer than 50 employees can receive an exemption from required leave relating to school or child care if the requirement jeopardizes the viability of the business. More details from the Department of Labor are forthcoming.

Pay under FMLA and Emergency Paid Sick Leave Expansions

Employers are required to pay an employee based on the number of hours the employee would have been scheduled to work, whether full-time or part-time, even if it is more than 40 hours in a given week, however, may not exceed 80 hours in a two week period. If an employee takes 45 hours of paid sick leave one week, they must take 35 the following week. The total number of hours paid under emergency sick leave is 80. A part-time employee may take emergency sick leave for a number of hours equal to what the employee would have normally worked per day in a two week period. After that two-week period, they may take expanded family and medical leave for that same  number of hours per day for up to ten weeks.

If the employee taking sick leave is unable to work either on location or at home because they are subject to a quarantine (federal, local, or state) related to Coronavirus, have been advised to self-quarantine by a health care provider related to Coronavirus, or are experiencing COVID-19 symptoms (the illness caused by Coronavirus) and are seeking medical diagnoses, the employee will receive the greater of either their regular rate of pay or federal, state, or local minimum wage up to a maximum of $511 per day, or $5,110 over the entire 10 week period. 

If the employee is taking sick leave because they are caring for someone who is subject to a quarantine (federal, local, or state) related to Coronavirus, have been advised to self-quarantine by a health care provider related to Coronavirus, or are experiencing COVID-19 symptoms (the illness caused by Coronavirus) and are seeking medical diagnoses, the employee will be entitled to two-thirds (⅔) of the greater of either their regular rate of pay or federal, state, or local minimum wage up to $200 per day or $2,000 over the 10 week period.

An employee who is taking expanded FMLA leave may take paid sick leave, or may substitute vacation time, personal leave, or medical or sick time they have under their employer’s policy. They would be paid two-thirds (⅔) of their normal rate of pay for the following 10 weeks so long as the rate of pay is at or above federal, state, or local minimum wage. The employee will not receive more than $200 per day or $12,000 total for the 12 weeks of both paid sick leave and expanded FMLA leave when the employee is on leave to care for their child because of school or child care closures due to Coronavirus.

Using Both Emergency Paid Sick Leave and FMLA Leave

An employee might be able to use both types of leave for up to 12 weeks. They may take both to take care of their child whose school or child care is closed because of Coronavirus. The first 2 weeks are under Emergency paid Sick Leave, covering the first 10 work days of expanded FMLA leave (Normally unpaid). After the first two weeks, the employee would receive two-thirds (⅔) of their regular rate of pay over the next 10 weeks. An employee is only able to use the 10 weeks of expanded FMLA leave to care for a child whose school or child care has closed because of Coronavirus.

Employer Reimbursement for Payment to Employees

Tax credits against the employer’s excise tax will be allowed as provided by Division G. Employers will receive 100% reimbursement for paid leave under the FFCRA. Health insurance costs are included in the credit, and the employer will have no payroll tax liability. There will be an immediate equal 100% offset against payroll taxes. 

To take advantage of paid leave credits now, an employer can access funds that they would otherwise be used for payroll taxes. If that does not cover the cost of paid leave, employers can seek an expedited advance from the IRS by submitting a claim. Employers will still be required to withhold federal income (FICA) taxes from their employees’ paychecks. Employers must deposit the taxes with the IRS and file quarterly payroll tax returns.

Eligible employers who pay sick leave or child care leave can retain an amount of payroll taxes equal to the amount of qualifying sick and child care leave they have paid, rather than depositing payroll tax returns to the IRS. Taxes available for retention include FICA taxes, both the employee and employer share of Social Security and Medicare taxes.

If there are not sufficient funds from payroll taxes to cover the cost of sick and child care leave, employers can file an accelerated request for payment from the IRS. These requests should be processed in two weeks or less.

Example Scenarios

Example 1: If an employer paid $5,500 in sick leave and would deposit $10,000 in payroll taxes from employees, the employer could use $5,500 of the $10,000 to make leave payments and pay the remaining $4,500 to the IRS on their next regular deposit.

Example 2: If an employer paid $10,000 in sick leave and was required to submit $5,500 in taxes, the employer could use all $5,500 to pay leave payments and file an accelerated request for payment for the remaining $4,500.

Example 3 (Salaried Employee): An employee must take leave because their child’s school has been closed. If an employee earns $50,000 per year, they would receive $128.85 per day (two thirds their normal pay) beginning April 14. If the school is closed until May 29, the employer would pay the employe for 34 days, or a total of $4,380.90

Example 4 (Hourly Employee): An employee who makes $15 per hour and works 5 hours per day must take leave because their child’s school has been closed since March 19. The FFCRA begins April 1 and the employees unpaid leave is April 1 through April 11. The employee would use all Emergency Sick Leave before beginning FMLA leave at two-thirds (⅔) their normal pay or $50.25 per day (up to $200 per day or $10,000 total). If a small business of fewer than 50 employees has an exemption, the employee would not be entitled to any compensation.

Example 5 (Hourly Employee with Childcare Duties): An employee’s child’s school has been shut down by government closure since March 16, 2020 and the employee, who earns $18 an hour and regularly works 8 hours a day and 40 hours a week, took off work that day to care for the employee’s under 18-year-old daughter. The FFCRA becomes effective April 1, 2020. The employee’s 10-day unpaid leave period is from April 1, 2020 through April 11, 2020. During this time, the employee complies with all eligibility requirements under the Emergency Paid Sick Leave and the business is not an employer with fewer than 50 employees that has been approved for an exemption for these employees, and eligible to receive 7 workdays of pay during that time period / 8 hours a day (assuming the employee was scheduled to work weekdays only) for a total of 56 hours and $672 (at the employee’s 2/3 hourly rate). As of April 12, 2020, the employee also would be eligible for the FMLA Expansion, but would have 24 hours remaining under the Emergency Paid Sick Leave Act. Employee would use remaining 24 hours of Emergency Sick Leave through April 14, 2020 and, beginning, April 15, 2020, be eligible for the 2/3 rate under the FMLA Expansion, which would continue for up to $200 a day / $10,000 in total benefit.

In the event the business is a small employer with fewer than 50 employees and properly applies for and received an exemption under the Emergency Sick Leave (assuming that the Secretary of Labor allows it), the employee (so long as employed by the employer for 30 days and off work due to a child’s school closure or impossibility) would not be entitled to any compensation until eligible under the FMLA Expansion as the Emergency Sick Leave would not be available.

Contact Herrman & Herrman

If you are seeking legal help after being hurt in an accident, talk to the attorneys at Herrman & Herrman – in the comfort of your own home! If you would like to discuss your legal situation with any one of our attorneys, we can simply meet with you by phone.

Contact us now at (361) 792-3669 or fill out our online form to schedule your free consultation and learn more about how we can meet with you remotely to review your claim.

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What Happens If Injured By A Texting Driver?

Just about anyone can be a victim of a texting while driving accident but when it’s you or someone you care about, having a foreknowledge of what to do might save the day. As expected, the erring driver should be held responsible for any damage they might have caused so get them to fix it.

However, it’s only appropriate to put certain things in perspective to protect yourself, family and loved ones. And should things go awry, these steps may also curb unnecessary difficulties and delay in handling your case.

Above all else, get necessary medical treatment

It’s not negotiable! If you can, go by yourself or get help to get you to any nearby hospital for proper examinations and treatment. Also, the attending physician may need to issue a medical report for reference. This is of the utmost priority.

 

A Police report is key – secure one

This will capture crucial information like the name, contact and insurance information of the offending driver as well as relevant information about any witness. More so, if the other driver was ticketed, this report will unravel it too.

 

Don’t wait for a plea before you alert the prosecutor of any injuries

Anticipate that the other driver will get a lawyer to plead their course; don’t leave things to chance. For instance, if the driver was ticked for distracted driving, the lawyer might change the narrative except proven otherwise. Any evidence of injuries will prevent that and get you the justice you deserve. Usually, pleas are irreversible once agreed upon, so pay attention to every detail in the process.

Get in touch with witnesses to the accident and opt for written statement when necessary

There’s no evidence as binding as written once and it might not hold much water to just verbally state that a fellow impaired another by text driving. Therefore, get this done with as fast as you can and if need be, get professional help.

 

From experience, witness statements are usually more accurate the earlier you get them to talk. So get to it.

The impact of accidents is seldom predictable and getting the justice one deserves can be therapeutic in itself. And the pain can be intent in a preventable case as text driving. Be sure to get all the help you may need from experienced hands like the insurance company, prosecutors etc. more often than not, they are always on your side.

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Uber & Lyft Accidents On The Rise

Uber and Lyft are on-demand transport services that have made moving from one place to another a lot easier. With these transport services, you do not have to go out with your car all the time, in fact, you do not need to own a car. Both transport services provided as much comfort as would be enjoyed if one were to go about in a personal car. They have brought about safer rides, easy access, and reduced drunk driving drastically. Notwithstanding all these benefits, they have been linked to some traffic fatalities in recent times.

 

Uber and Lyft are said to have contributed to an increased accident rate in the United States. The increasing demand for these transportation services has resulted in more cars being on the road. While there has been a lot of focus on the internal benefits of making use of Uber and Lyft, how about the external factors?

How is uber and Lyft increasing accident rates?

Without a doubt, Uber and Lyft transportation services have been much safer and accessible than other means of transportation. Everyone who cannot afford a car can still enjoy the comfort that comes with owning one. However, a lot of attention has been paid to the positive impacts of this transportation method while ignoring its negative prospects.

While these transport services might have reported very few accidents over time, it is important to know the role they play in road accidents. As more people are beginning to appreciate and make use of Uber and Lyft, the more cars get on the road. The implications of having a lot of cars on the road are that it results in traffic irregularities which many times cause accidents – directly or indirectly.

Focusing more on the externalities, it is important to note that beyond digital excellence is the understanding of how good driving works and who a good driver is. What is the difference between an Uber and Lyft driver from other drivers? What parameters are used to measure good driving by these transport services? These are factors to be considered as regards safety on the road than the use of digital devices.

 

A lot of attention is being paid to the devices that it takes our attention off the roads. This brings to mind a very important question like how much road facilities are available to cater to the increasing number of cars put on the road? The inability of road facilities to match the increasing number of cars has contributed to Uber & Lyft accidents on the rise.

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Innovation Scholarships Available to Creative Students in Texas and Throughout the U.S.

At Herrman & Herrman, P.L.L.C., we are pleased to sponsor our 6th annual Innovation Scholarship Contest with $12,000 in prizes. The 2020 scholarship contest is now open for submissions and entries will be accepted through December 1, 2020.

The Innovation Scholarships recognize creative thinking and community service and offer financial assistance to students to help pay for college-related expenses.

Scholarship prizes will be awarded to six creative students and two awesome teachers who foster creativity in students.

Students wishing to apply for a scholarship should submit an original creative entry such as an essay, video, infographic, poem, piece of art or song responding to the following topic:

Share a community service activity or project you participated in that positively changed your community, contributed to your growth, and/or affected your plans for the future.

Our attorneys and staff at Herrman & Herrman, P.L.L.C. have been actively involved in Corpus Christi and the communities of the Rio Grande Valley for more than two decades. We have successfully represented thousands of people over the years and we understand the importance of community service and giving back to those communities.

We are strong believers in the power of education. We believe that securing a sound college education is the best way for young people to have rewarding jobs and careers in the 21st century. We also recognize that inspiring teachers can change lives.

Students who are juniors or seniors in high school and students enrolled in two-year or four-year undergraduate programs at colleges, universities or technical schools in the United States are eligible to enter Herrman & Herrman’s 2020 Innovation Scholarship Contest.
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Our scholarship selection committee will choose the winners, including three Texas students and three students from throughout the United States. The scholarship contestants selected as 1st, 2nd and 3rd place winners in each category will receive checks in the respective amounts of $2,500, $1,500 and $1,000. The checks will be paid directly to each student’s school. Two $1,000 teacher prizes will be awarded to inspiring teachers nominated by the 1st place winners.

Get additional information and instructions about how to enter the 2020 contest and an application form by clicking on the Herrman & Herrman scholarship page. Depending on the volume of submissions, Herrman & Herrman may impose a cutoff, at which time no additional submissions will be accepted. If you are interested in applying for an Innovation Scholarship, you should submit a completed entry packet online as soon as possible.

The winners will be announced on or about Dec. 21, 2020. The winners will be chosen based on their originality and creativity.

Students, we are ready to receive your Innovation Scholarship creative entry and application. Good luck to all who enter!

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The Importance Of Seatbelt Safety

People who ignore using a seatbelt while driving or in a moving car, basically do so because they’re not aware of how important it is to use one. Seatbelts are one of the obvious safety provisions that any car manufacturer should ideally include on their products- irrespective of the style and other specifications.

 

Statistics show that a lot of people have died or become permanently disabled from car crashes, just because they failed to use a seatbelt. You’ll probably soon find out more reasons than you thought, why seatbelt safety is important.

 

Why drivers and passengers should always wear a seatbelt

Firstly, a seatbelt holds the driver and passenger in place- onto their seats. Thus, when an accident occurs, there would be way lesser tendencies for the car occupants to get flung out the car door or window. Many times, people who fall out of a car in this manner, get hit by another coming vehicle- hence making them sustain more severe injuries or even dying on the spot.

 

Additionally, since the seatbelt significantly holds the individual back in their seats, injuries to the head and backbone are less likely to occur. This is true, considering the fact that you would consequently have lesser impacts with the hard parts of the vehicle interior- even if the entire car somersaults and hits the hard road.

Asides these, there are relatively minor accidents that a seatbelt can prevent. For instance, if you suddenly match the brakes- due to an unforeseen danger, it is likely that your car occupants would jerk forward. When this happens, your passengers may hit their heads against the car dashboard or windscreen. With a seatbelt, however, their forward motion is promptly hindered, and they’re held back tot heir seats.

On another hand, car owners who had their seatbelts on when the accidents occurred, are more likely to get a better insurance settlement for health and property damage. Some people do not get the required financial support for settling medical bills of accident victims, because they were not using a seatbelt when the accidents occurred. The insurance company may possibly mention that the driver and/or the passengers were negligent on obeying road safety rules, hence the reason for their resultant medical conditions.

In order to enforce the importance of seatbelt use amongst motorists in the United States of America, majority of the states now sanction drivers and passengers who fail to comply with the standards. This is also obtainable with many other places around the world.

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How Do Car Accident Reports Work in McAllen, TX?

Anyone involved in a car accident should notify police right away. In Texas, a law enforcement officer investigating a car crash that occurs in traffic is required to file a report if the crash caused injury or death or if apparent damage is worth $1,000 or more.

You also should report the accident if:

• the vehicles involved in the crash cannot be moved off the highway
• a driver leaves the scene of the accident
• you suspect a driver is intoxicated.

Reporting a car accident to police makes a record of the accident and documents who was involved. A police report will be essential if you need to file an insurance claim later regarding the collision. If the crash involved a hit-and-run driver, uninsured motorist insurance should pay for damages if the accident is reported to a law enforcement agency.

Police reports are particularly important when seeking compensation from another party’s insurance, such as liability coverage held by the driver who caused the accident. With an experienced car accident lawyer’s help, the at-fault driver’s auto insurer may be compelled to pay for your medical expenses, car repairs or replacement, and more. 

In McAllen, TX, as in other Texas cities, police may not be able to respond to every parking lot fender bender that happens. But McAllen police do follow the law and will respond to the car accidents they are responsible for reporting. The legal requirement for reporting accidents with $1,000 worth of damage to the vehicle(s) is actually quite a low bar. 

The personal injury attorneys of Herrmann & Herman in McAllen, Texas, recommend dialing 911 to contact McAllen police after any car accident in McAllen, even if there is only minor damage. Don’t let another driver talk you out of reporting an accident by promising to pay you directly for your medical bills or car damage. The driver may change his or her mind after leaving the scene of the accident. Without a police report documenting the accident, it will simply be your word against that of the other driver. You will have difficulty receiving compensation from an insurance company.

Filing a Car Accident Report in McAllen, Texas

If you are involved in a car accident in McAllen or elsewhere in Texas that results in injury, death or damage to vehicles exceeding $1,000 that no Texas law enforcement investigates, you are required to file a written report with the Texas Department of Transportation (TxDOT), according to the Texas Driver’s Handbook. The report must be on a TxDOT specified form.

Under Texas law, you have 10 days from the date of the car accident to do it.

You, your insurance agent, the owner of the vehicle or your car accident attorney may file the accident report with the TxDOT.

The crash report is known as the Texas Peace Officer’s Crash Report, Form CR‐3 (available here). It requires the following information:

• Place and time of accident, including road name and nearest intersecting road
• Name, address, and date of birth of each driver involved in the accident
• Name and address of all registered owners of motor vehicles involved in the accident
• Driver license information (issuing state, license number) for each driver involved in the accident
• License plate number and state from all motor vehicles involved in the accident
• Name and address of all auto insurance policy holders and the name of their insurance companies
• A summary of what happened during the motor vehicle accident
• Weather and road conditions at the time of the accident.

If you were provided a CR-2 form or similar local law enforcement form copy of this report, you should retain the information for your records. 

If a Texas police officer has already filed a report about an accident you were in, there is no requirement for you to file a car crash report with the state. If a McAllen police officer responds to the accident you were in, ask if he or she will be filing a report with TxDOT.

Getting a Copy of the Police Report After a Car Accident in McAllen

After an accident in McAllen, you can go directly to the McAllen Police Department to obtain a copy of the report. 

Request a copy of an accident report by completing the McAllen Police Department’s Accident Report Request Form (PDF) and submitting it via mail to:

McAllen Police Department – Crime Records Office
PO Box 220
McAllen, TX 78505-0220

The request form asks for: 

• Requester’s name, address, telephone number and email address
• Requester’s relationship to the accident, i.e., driver; parent of driver; vehicle owner; vehicle occupant, pedestrian or cyclist injured in the accident; insurance company; attorney; etc.
• Date and time of accident
• Location of accident
• Name of person involved in the accident
• Case number

McAllen Police have 10 days after receiving the request to release the accident report or to notify you that they have reason to withhold the report and request a ruling from the state Office of the Attorney General. Requests are to be answered in writing and would include an invoice indicating any charges incurred.

It costs $8 for a certified copy of the report, which is preferable because certification makes it an official document, which is necessary for legal proceedings. It’s $6 otherwise. Copies of any photos made at the crash scene are 75 cents each, with no enlargements available. Make the check/money order payable to the City of McAllen. Do not send cash.

Reports will be mailed; they will not be faxed.

Contact a Car Accident Attorney in McAllen, TX

McAllen police will respond to almost all car accident calls in the city and file the necessary report. When you need to obtain a report for an insurance claim over a fender-bender that just tops the $1,000 property damage requirement, your insurance company will probably retrieve the police report to process your claim.

After a serious accident, with a death or catastrophic injuries, insurance companies can quickly become a lot less helpful.

If you have a significant insurance claim due to serious injuries or the loss of a loved one in a car accident in McAllen, you need to speak to an experienced McAllen car accident attorney at Herrman & Herrman, PLLC. Our attorneys can investigate your accident to identify the at-fault parties and determine the amount of compensation you deserve for your losses. Then we will press insurers aggressively to pay the claim.

A police report is a significant part of a car accident claim. If you’ve been seriously injured or lost a family member in a McAllen car accident, contact Herrman & Herrman today for a free review of your case and how we would seek maximum compensation for your losses.

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National Recall Follows Death Blamed on Insulin Pump Used for Type 1 Diabetes

The U.S. Food and Drug Administration has issued its most serious type of recall, a Class I recall, for two models of Medtronic MiniMed 600 Series insulin pumps.

One death and more than 2,000 injuries have been blamed on the faulty medical device.

The recall covers 322,005 MiniMed 600 Series insulin pumps distributed in the United States:

• Model 630G (Model No. – MMT-1715) – all lots distributed before October 2019
• Model 670G (Model No. – MMT-1780) – all lots distributed before August 2019.

The pump model number can be found on the bottom or on the back of the device.

The insulin pumps are being recalled because of reports of broken or missing retainer rings. The issue prevents the reservoir from being locked into the pump. If the reservoir is not properly locked into the pump, it could lead to over- or under-delivery of insulin, which could then result in hypoglycemia or hyperglycemia.

Severe hyperglycemia can result in a loss of consciousness, seizure and death.

Medtronic has received 26,421 complaints about the device malfunctioning. The firm is aware of one death and 2,175 injuries, the FDA says.

Damage to the pump retainer ring can occur as a result of dropping or bumping the insulin pump on hard surfaces, Medtronic says.

Medtronic advises diabetes patients affected by the MiniMed 600 Series insulin pump recall to:

• Examine the retainer ring of their pump.
• Stop using the pump and contact Medtronic for a replacement pump if the reservoir does not lock into the pump or if the retainer ring is loose, damaged or missing. Contact your doctor before discontinuing use of the pump, and follow his or her recommendations, which may involve performing manual insulin injections.
• Continue using the pump if the reservoir locks into place correctly.
• If the pump is dropped by accident, check the pump and retainer ring for damage and stop using it if it is damaged.
• Check the pump retainer ring to verify that the reservoir is locked correctly at every set change.

If you have a damaged Medtronic insulin pump, you must complete and submit a form to request replacement of the defective device. Medtronic is only replacing recalled insulin pumps if the retainer ring on the pump is loose, damaged or missing.

Anyone with questions about the pump and/or the recall should call Medtronic at 1-800-646-4633.

Seek Advice from a San Antonio Product Liability Attorney

If you have been injured or have lost a loved one because of a Medtronic MiniMed 600 Series insulin pump malfunction, you should contact an experienced product liability lawyer as soon as possible. You may be entitled to seek compensation for harm caused by the defective insulin pump.

In San Antonio, the insulin pump recall attorneys at Herrman & Herrman, P.L.L.C. are ready to seek full compensation for you if an unsafe medical device has harmed you or your loved one.

A product liability claim about a faulty medical device may go forward if the injured party can show that:

• The product caused injury when used as intended because of its faulty design or a manufacturing error
• The manufacturer and/or distributer knew or should have known of the danger posed by the product
• The manufacturer and/or distributor failed to adequately warn the consumer of the risk of using the product.

There are potentially thousands of plaintiffs harmed by faulty Medtronic insulin pumps with product liability claims against the manufacturer.

When a large number of lawsuits are filed seeking compensation for injuries related to one product alleged to be defective, the courts may combine the claims in one of two ways:

• Multidistrict Litigation (MDL), which combines cases that have common legal issues for efficient handling during the pretrial phase of the case. The Judicial Panel on Multidistrict Litigation designates one federal court to oversee the pretrial phase of the case such as depositions and discovery. If the cases go to trial, each plaintiff proceeds with his or her individual lawsuit.
• Class Action, which combines lawsuits filed by multiple plaintiffs who have similar legal complaints against a defendant. The court that creates a class action lawsuit will choose one or more plaintiffs’ cases as representative of the class.

When hundreds or thousands of people are injured in the same way, such as by the same faulty medical device, these claims are known as a mass tort.

Mass torts are considered MDLs because these cases are filed nationally but the court system requires that they be consolidated before one judge for pretrial proceedings.

As the number of similar claims against a product increases, the manufacturer, distributor and other liable parties typically begin to recognize the potential costs of litigation. While they fight the claims in the courts, they also set aside funds to pay an anticipated settlement.

The attorneys of Herrman & Herrman would seek the most compensation available to you in a faulty medical device product liability claim. We would carefully review any settlement offer and discuss with the client whether in our view it represented a fair offer, based on the client’s injuries and losses.

Contact Herrman & Herrman in San Antonio

The product liability lawyers of Herrman & Herrman pursue faulty medical device claims in San Antonio and throughout south Texas. We believe that medical device manufacturers should be held accountable when their products cause preventable injuries. We are committed to pursuing the compensation you need to get back on your feet if you have been injured by a faulty medical device.

If you have questions about how to respond to injuries caused by the nationally recalled Medtronic insulin pumps, contact us to set up a free initial legal consultation. Let our experienced insulin pump recall attorneys review the specific facts of your claim and explain your legal options.

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