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Divorce in Texas

megan.hines9542@gmail.com (Megan Hines) — Sun, 14 May 2023 04:51:38 GMT

No one gets married intending to divorce. Many people feel lost in the divorce process. If you find yourself in that situation, we can help.

Divorce in Texas

Divorce is a difficult and emotional process that can be especially challenging when you live in Texas. We’ve seen many couples go through this process, and we know firsthand how complex it can be. Here is an overview of divorce in Texas and the key issues you need to be aware of.

Grounds for Divorce in Texas

Texas is a “no-fault” divorce state, which means that either spouse can file for divorce without having to prove fault or wrongdoing by the other spouse. This makes the process of getting a divorce in Texas much easier than in some other states. However, there are still several grounds for divorce that can be used to establish fault, including:

- Adultery

- Abandonment

- Cruelty or Abuse

- Felony conviction

- Living apart for at least three years

While fault can be used to establish grounds for divorce, it typically doesn’t have a significant impact on the outcome of the divorce.

Division of Property

One of the most significant issues in any divorce is the division of property. In Texas, property is divided based on community property laws. This means that all property acquired during the marriage is considered community property and is subject to division in the divorce. Separate property, which is property acquired before the marriage or through inheritance, is not subject to division.

Texas is also a “just and right” state, which means that the court will divide property in a way that is fair and equitable. This doesn’t necessarily mean that property will be divided equally, but rather in a way that takes into account the unique circumstances of each case.

Child Custody and Support

When there are children involved in a divorce, child custody and support are often the most contentious issues. In Texas, custody is referred to as “conservatorship” and can be either joint or sole. Joint conservatorship means that both parents share decision-making responsibilities, while sole conservatorship means that one parent has the primary decision-making authority.

Child support is typically calculated based on a formula that takes into account the income of both parents and the number of children involved. However, there are several factors that can impact the amount of child support ordered by the court.

Spousal Support

Spousal support, also known as alimony, is not automatic in Texas. Instead, it is awarded based on the unique circumstances of each case. Factors such as the length of the marriage, the earning capacity of each spouse, and the age and health of each spouse are all considered when determining whether spousal support is appropriate.

Final Thoughts

Divorce is a difficult and emotional process, but it’s important to remember that you don’t have to go through it alone. At Hines Law Firm, our wolf pack is here to help guide you through the process and ensure that your rights are protected. Whether you’re just beginning to consider a divorce or you’re already in the midst of the process, don’t hesitate to reach out to us for help.

Disclaimer: The information provided in this blog post is for general informational purposes only and should not be construed as legal advice. Consult with an attorney for professional advice tailored to your specific situation.

Hair Relaxer Linked to Several Cancers

megan.hines9542@gmail.com (Megan Hines) — Thu, 11 May 2023 07:19:08 GMT

Several big name companies are being sued due to their hair relaxer products allegedly causing cancer and other harms. Find out if you are at risk.

Hair Relaxers Linked to Several Cancers

About Hair Relaxer - Why is it used?

Hair relaxer is a chemical hair straitening product most commonly

used by black women to straighten their naturally curly hair. It comes in the form of lotions and creams over the counter, but it can also be done professionally. The product helps to straighten hair by chemically “relaxing” the natural curls. It does this by penetrating the cuticle and cortex layers of the hair shaft to loosen the natural curl pattern. The chemicals involved are potent , and can lead to burns on the scalp, hair breakage, hair loss, and permanent scalp damage. Many women use these products to achieve the more westernized look of straight hair while others just prefer their hair straight.

Hair relaxers are readily available for purchase at most grocery

stores, drug stores, and online. They are sold by some well-known brand names like L’Oréal, Revlon, and Strength of Nature, which leads many consumers to believe that the products are safe. Unfortunately, this couldn’t be further from the truth.

What Kind of Cancers Are Caused by Hair relaxers?

Hair relaxers have been linked to several types of cancer. The types of

cancer that hair relaxers have been linked to are uterine cancer, ovarian cancer, endometrial cancer, and breast cancer. Hair relaxers have also been shown to cause uterine fibroids and endometriosis . The two types that are receiving the most research attention are uterine cancer and breast cancer.

A study done by the National Institute of Environmental Health Sciences

(NIEHS), part of the National Institutes of Health (NIH), found almost 400 new cases of uterine cancer in the women who participated in their study of women who used hair relaxers. The study also revealed, that given these numbers, the rate of the risk of developing uterine cancer more than doubled in women who used hair relaxers. Although, this study did not find that the relationship between chemical hair straightener or relaxer use and uterine cancer incidence was influenced by race, the negative health effects will likely be greater for Black women due to higher prevalence of use.

When it comes to breast cancer, a link between the illness and all kinds of

hair relaxers has not yet been discovered. However, researchers have found evidence pointing to the fact that heavy use of hair relaxers containing lye in particular, may be linked to a higher risk of estrogen-receptor-positive breast cancer, an extremely aggressive form of breast cancer. While the lifetime risk of breast cancer is similar for white and Black women, Black women are more likely to be diagnosed at a younger age for all types of breast cancer, and to be diagnosed with more aggressive breast cancer subtypes, such as estrogen-receptor-positive breast cancer. Estrogen-receptor-positive breast cancer is a highly aggressive form of breast cancer, and grows at an alarmingly fast rate.

A study done by Black Women’s Health of over 50,000 women who used hair

relaxers had horrifying results. The study group contained women who had used hair relaxers as little as 1-2 times for only 1 year all the way up to women who used hair relaxers more than 7 times per year for 15 plus years. Only 5% of the women in the study had never used hair relaxers. Out of the 2,311 women who were diagnosed with breast cancer, 1,843 had invasive cancers. Among the 2,311 cancers diagnosed: 1,420 were estrogen-receptor-positive, the kind of breast cancer that has been positively linked to lye-containing hair relaxers.

Which Company's Hair Relaxer Products Are Causing Cancers and Other Harms?

Many of the most commonly used manufacturers are being sued for the link

between their hair relaxers and cancer. These manufacturers include, but are not limited to:

L’Oréal
Revlon
Strength of Nature
Namaste Laboratories
Godrej Consumer Products
Dabur International
SoftSheen Carson
Action Beauty Supply
Crème of Nature
Dark & Lovely
Just for Me
Motions
Organic Root Stimulator Olive Oil Relaxer
Optimum Care
Soft & Beautiful
African Pride
Action Exclusives
TCB Naturals Relaxer

All of these products and more are currently being sued for their

positive link to uterine cancer, ovarian cancer, endometrial cancer, breast cancer, uterine fibroids, and endometriosis in the women who used them.

How Do I know If I Have a Case?

If you or someone you love has used a hair relaxer, and has since

developed any of the above types of cancer, you may have a case. If you or a loved one used a hair relaxer and developed any other type of cancer, you still may have a case. If you used another brand of hair relaxer than the ones listed above, and you or your loved one suffered as a result, you may have a case. If you were exposed to hair relaxers by nature of your profession, even if you don’t use them personally, and you developed cancer, you may have a case. If you think you may have a hair relaxer case, you should call us right away.

Status of Hair Relaxer Lawsuits

Women who have used hair relaxer products and subsequently been

diagnosed with the above types of cancer are filing product liability lawsuits against the manufacturers and seeking compensation for their illness. The first of these product liability lawsuits was filed just weeks after the release of the study linking chemical hair relaxers to cancer. The lawsuit was filed in federal court in Chicago. The plaintiff, Jenny Mitchell, is a Missouri native who used chemical hair relaxers her entire life. The lawsuit claims that Mitchell started using hair relaxers when she was only 10 years old. Like many black women in America, Mitchell used hair relaxer products every 6-8 weeks for the next 18 years. In 2018, when she was just 28 years old, Mitchell was diagnosed with uterine cancer.

Although the litigation surrounding hair relaxers is relatively new, it is

moving at an extraordinarily fast pace. On November 18, 2022 lawyers representing a group of plaintiffs who had recently filed lawsuits against hair relaxer manufacturers filed a motion to combine the lawsuits into a class action multi-district legislation in Chicago, Illinois.

By April 21, 2023, politicians and female activist groups in the United

Kingdom started a movement to ban all hair relaxer products made by L’Oréal and other companies that have been linked to cancer. A letter published by the British feminist activism group, Level Up, urged cosmetic manufacturers to remove all harmful chemicals from their hair relaxer products, or pull them from the shelves altogether as most if not all of the products are still actively being sold amidst all of these pending lawsuits.

Today there are specific instructions and proper procedures for filing a

lawsuit into the multi-district litigation panel. The best way to avoid time consuming and costly errors is to hire a lawyer familiar with these types of cases.

While the value of a hair relaxer case is yet to be determined due to the f

fact that none of the cases have received a verdict yet, it is safe to say that this is a huge issue that has caught the attention of both the court system and the general public worldwide. This means that cosmetic manufacturers should prepare themselves to pay, and pay big. It is important to note that not all hair relaxer cases are the same, and the value of your potential case will be directly tied to the facts of your case . This means that you might get more than some cases, while less than others, or in some cases, your claims may be denied.

If you believe you may have a hair relaxer case, you should call us today so

that we can help to determine the potential value of your hair relaxer case verdicts are reached in the cases that are already pending.

How can a lawyer help me?

If you think you have a hair relaxer case, you should call us today. Our

wolf pack is ready to fight for you to get the justice you deserve. If you hire us for your hair relaxer case, we can file a claim for you against the product manufacturers in an effort to get you compensation.

You need a lawyer because when you are facing large companies and brand

names like L’Oréal, you find yourself in a David and Goliath situation. Your lawyer is your slingshot and the law is the stone. A lawyer can make a big company who has no regard for you or your case, sit down, pay attention, and pay up.

There is no up-front cost to you , and you will only pay us if we win the case

for you. The fee for our services will come out of any settlement or verdict directed to you.

We will fight to hold the responsible parties accountable for the damage

they have done to you and your family.

Topamax Linked to Birth Defects

megan.hines9542@gmail.com (Megan Hines) — Wed, 10 May 2023 07:19:08 GMT

Janssen Pharmaceuticals and Johnson and Johnson are facing serious fines and several lawsuits for their anti-seizure drug Topamax (topiramate). Here's what you need to know.

Topamax Linked to Birth Defects

What is Topamax/Topiramate?

Topamax, the brand name of topiramate, is an anti-seizure drug. One of

the more common causes of seizures is over-active brain cells that cause an excess of brain activity. Topamax and topiramate suppress excessive brain activity by blocking certain neural pathways and chemicals. By the year 2008, Topamax controlled close to 20% of the seizure medication market, and grossed over $2.7 billion in sales.

The manufacturer of Topamax, Janssen Pharmaceuticals, is a subsidiary

of Johnson and Johnson. In 2010, just two years after the drug hit its peak sales, Janssen Pharmaceuticals paid out over $80 million in fines and penalties for illegally marketing the drug and failing to warn of several side effects, including birth defect. Both Janssen Pharmaceuticals and Johnson and Johnson also settled numerous cases in 2010 in which mothers claimed that Topamax or topiramate caused birth defects in their babies.

Topamax has since been elevated from a Category C drug, which

indicates a drug that has not been shown to be harmful to unborn human babies, to a Category D drug, which has positive evidence of human fetal risk . Category D drugs should be used by and prescribed to expectant mothers only when there are no safer alternatives, and only when the benefits of taking the specific Category D drug outweigh its risks.

Common Topamax/Topiramate Side Effects

Topamax has a long list of side effects. The most common side effects of

Topamax are pretty standard, however the more severe symptoms include: eye damage, metabolic acidosis (kidney failure), changes in consciousness, increased risk of suicide , hyperthermia (overheating due to insufficient sweating), language problems, reduced efficiency of hormonal birth control, and birth defect .

The Topamax/Topiramate Lawsuits

Janssen Pharmaceuticals has been sued due to birth defects caused by

Topamax. Women who took Topamax while pregnant claim that their babies suffered birth defects including, but not limited to:

Pre-term delivery
Lung abnormalities
Skull abnormalities
Skeletal abnormalities
Low birth weight
Cleft lip
Learning disabilities
Deficiencies in motor coordination
Spina bifida
Persistent pulmonary (lung) hypertension (high blood pressure)
And more.

According to the lawsuits, women were not instructed to stop taking

Topamax or reduce their dosage while pregnant. This, despite the fact that a 2008 study by the American Academy of Neurology revealed that women who took Topamax or topiramate while pregnant were 16x more likely to give birth to a baby with birth defects than those women who did not take the drug while pregnant. In addition, many women were not warned of the possible side effects of the drug.

The birth defects that Topamax and topiramate have been shown to

cause are anything but minor. Many of the above birth defects are permanent, and others require numerous painful surgeries to correct . These surgeries strip a baby of their childhood before it even begins. Instead of being free to run and play, the victims of Topamax will be forced to undergo multiple excruciating surgeries that, in some cases, will extend even into adulthood.

Janssen’s Legal Duty to Warn Consumers

Pharmaceutical manufacturers have a legal duty to warn consumers

of any known side effects of their products . The catch is that manufacturers do not have a duty to warn of unknown dangers. The cases regarding Topamax or topiramate and birth defects will turn on whether or not Janssen can show that they did not have any knowledge that their product would cause birth defects, or that it might put pregnant women at a higher risk of having babies with birth defects. While Janssen may be able to argue that they were unaware of the 2008 study, it is unlikely that any court would ignore the fact that they were warned about, and even fined for, their omission of several known side effects, including the risk of birth defect, in 2010.

Topamax was not listed on California's Proposition 65 database as a drug

that is known to cause birth defects until November 27, 2015.

Status of Topamax/Topiramate Birth Defects Lawsuits

By 2013, more than 130 cases alleging that Janssen had failed to warn

consumers of the risks of birth defects were pending in Philadelphia. At this time, Topamax had been on the market for over 15 years with no warnings provided as to the potential for the drug to cause birth defects if consumed by pregnant women, or women who were trying to get pregnant. This issue has risen to the level of a mass torts action. What this means is, hundreds of people have already filed claims, and thousands are expected to file in the coming months.

From January 2007 to December 2010 alone, more than 32.3 million

prescriptions for Topamax or topiramate were dispensed, and approximately 4.3 million patients filled those prescriptions . There are now lawsuits that have been filed against the manufacturer in 51 out of 52 U.S. states. In Texas, there have been numerous lawsuits filed, with most settling outside of court for confidential amounts.

What Type of Compensation Can I Expect If I Have a Case?

In October of 2013, a jury awarded $4 million in the first case to go to trial

against Janssen and Johnson and Johnson. The baby was born with a cleft palate and it was decided that the company’s negligence was a substantial factor in causing the child’s suffering. The jury held that the manufacturer and its parent company failed to adequately warn both physicians and patients about the birth defects that had been associated with the medication.

In November of 2013, a second Topamax case resulted in a jury verdict of

$11 million for a child who had also been born with a cleft palate as a result of Topamax. The parents in this case argued that the manufacturers failed to warn both doctors and the FDA of the potential harms of Topamax and its connection to birth injuries.

In 2016, a Pennsylvania Court of Appeals upheld a $3 million verdict in

favor of the victim in a Topamax case. In that case, the child was born with a bilateral cleft palate and cleft lip. The child had to undergo over 14 surgeries and procedures in an effort to remedy the birth defect. The child’s parents were awarded $1.5 million to go towards future medical expenses, and the child was awarded $1.5 million in non-economic damages (an award for pain and suffering).

The average of these three huge verdicts is roughly $6 million . Does this

mean that every Topamax case is worth millions? The short answer is no. While the drug may be the same, the facts of each individual case vary. Every case is different, so every verdict will be different. As seen above, all three cases were about the specific birth defect of cleft palate, and yet we see 3 vastly different verdicts in terms of final award. The value of your specific case will vary based on the facts of your case and the individual harms suffered as a result.

Do I Have a Topamax/Topiramate Case?

If you or someone you love took Topamax or topiramate while

pregnant, and the baby was born with any of the above complications or defects, you may have a case . If the baby was born with a complication other than the ones listed, you still may have a case. If your doctor never warned you about the potential side effects of taking Topamax or topiramate, and you or your baby suffered as a result, you may have a case.

If you think you may have a Topamax case, you should call us right away.

What Should I Do If I Have a Case? How Can You Help Me?

If you think you have a Topamax or topiramate case, you should call us

today. Our wolf pack is ready to fight for you to get the justice you deserve. If you hire us for your Topamax or topiramate case, we can file a claim for you against Janssen Pharmaceuticals and Johnson and Johnson in an effort to get you compensation.

There is no up-front cost to you , and you will only pay us if we win the

case for you. The fee for our services will come out of any settlement or verdict directed to you.

We will hold the responsible parties accountable for the damage they

have done to you and your family.