Archives for October 2015

Prescription Drug Costs – how much is too much?

There has a been a lot of talk in the news lately about the inflated costs of prescription drugs. It is now becoming increasingly common to see prescription drugs that have been on the market for over 50 years to suddenly quadruple in price or in one case, increase 5,000% percent. For many people, taking these prescriptions is a matter of life and death. Being suddenly hit with outrageous out-of-pocket costs to the tune of thousands of dollars are causing these individuals extreme financial and personal hardship. Some are forced to choose between eating and paying for needed medication to stave off debilitating, life-threatening medical conditions.

When prescription drugs first arrive on the market, it is expected to have to pay a higher price. This is because drug makers are seeking to earn a return on their investment for research, development, and drug trials that are required before the drug is released to the public. If a drug is commercially successful, though, the pharmaceutical company can make back its initial investment in a few short years. After that, the rest if pure profit. Real savings to consumers usually do not trickle down until after drug goes off-patent, typically between 7 and 12 years after a drug is approved for sale. However, to suddenly increase prices of drugs (even generic ones) to exorbitant levels is a form of medical extortion.

Rising Healthcare Prescription CostsWhat many people realize is that spiraling healthcare costs are nothing new. Hospitals have been getting away with it for years with overcharging patients for routine services such as diagnostic tests and X-rays, pain medication or medical supplies. Depending upon a patient’s coverage, their prices may be higher or lower with those with less coverage often being charged higher prices. Being charged $10.00 or more for one Tylenol is no longer a joke; it is a stark reality for many.

Some states have attempted to address the prescription drug crisis through legislation limiting patient co-payments or requiring cost transparency. So far, those efforts have failed largely due to the overwhelming money and influence of large pharmaceutical companies. On the federal level, there have been legislative efforts to allow Medicare to negotiate drug prices, price limits for seniors (under Medicare Part D), and cost transparency. Check out these and other proposals (including allowing easier access to Canadian drugs) supported by Democratic presidential candidate and U.S. Senator Bernie Sanders of Vermont.

As individuals, we might feel powerless to fight the cost of prescription drugs. However, if you or a loved one has been further victimized by the healthcare system due to medical negligence or mistake, there is something you can do. Contact the medical malpractice attorneys at Brownstein & Nguyen to see if you have a case.

International Infection Prevention Week

Along with the changing colors on the trees, there is a chill in the air in metro Atlanta. Both are sure signs of fall! Another sign of the season can be found at any grocery or department store with pumpkins lining curbs out front and aisles of candy and costumes. Yet, even with the spooky delights of Halloween, a much more serious fright is observed during the third week of October with International Infection Prevention Week.  

Medical Malpractice

Image via APIC

This fright is a hidden one in the everyday world around us, and comes in the form of microbial organisms that cause infection, a major concern when it comes to disease control and prevention. While the healthcare industry is aware of the importance of washing hands, the message does not always get across to the general public or even within the healthcare industry itself. As reported in our Healthcare-Associated Infection information, more than 200 Americans are expected to pass away each day as a result of an infection contracted during a hospital stay.

Obviously, infections can be transmitted through other sources besides unwashed hands. However, this is one of the most basic places to start. For this reason, we support the Association for Professionals in Infection Control and Epidemiology (APIC) as they celebrate and promote awareness during International Infection Prevention Week. Here are a few tried and true pointers:

Infection Prevention at Work

No matter what industry you work in, whether it is healthcare, food preparation or service, education, government or private business, it is important to keep in mind general infection prevention practices. One way to prevent the spread of infection is through staying home from work or school when sick. This is not always practiced, but can easily make all a huge difference in the spread of diseases including common colds and the flu.

Infection Prevention at School

Parents of school-aged children know that colds and stomach bugs can pass through a classroom like wildfire. Encourage your child to make sure they are washing their hands regularly, especially after using the restroom and before eating. Another reminder for kids and adults includes sneezing or coughing into one’s elbow rather than into their hands.

Infection Prevention with Young Children

Young children may be at a higher risk for infection, but are also carriers of germs and bacteria especially on their hands. For this reason, it is important to instill proper handwashing procedures early on. One fun way to do this is to teach children to wash their hands while singing the entire ABC’s to make sure that they take enough time to lather up and scrub.

Lack of hand washing and other preventive measures likely contribute to the spread of infections. In cases involving healthcare facilities or professionals, sometimes infections may fall into the category of medical malpractice. In the state of Georgia, medical malpractice claims in  are not easy to pursue, but the lawyers at Brownstein & Nguyen have years of experience successfully litigating cases like these. Contact our Atlanta malpractice attorneys for a free consultation if you or a loved one have suffered from a Healthcare-Associated Infection.

Whistleblowing in the News

National headlines these days are full of news related to whistleblowing. Some headlines and situations are controversial due to their subject matter or details. However, the fact remains that individuals witnessing wrongdoing by the part of the government or private companies have the right to come forward with protections afforded under various state and federal laws, including the Whistleblower Protection Act of 1989. The act has played a major role in allowing government whistleblowers the confidence to come forward, knowing that their actions are legally protected.

One ongoing battle regarding whistleblowing involves the Food and Drug Administration (FDA) and medical device approvals. The Wall Street Journal reported that the claims of the whistleblowers  regarding imaging devices for the screening of breast cancer and colon cancer were rejected as unsubstantiated. While the case dates back to 2008, fresh controversy arose in 2012 after new evidence revealed that the FDA was monitoring employee activity on government computers. This led to further questions and debate regarding the rights of whistleblowers.

AtlantaIn more recent news, at a more local level and involving animals rather than the healthcare industry, is the case of Brittany Roberts. A former animal control officer, Roberts claims she was fired after bringing forth concerns of animal mistreatment within Detroit Animal Control. After her firing, Ms. Roberts filed a detailed whistleblower lawsuit against the department and certain officials. Only time will tell the outcome of that case. However, the City of Detroit has already begun making some changes. For starters, the city’s Animal Control department is being moved from the Detroit Police Department to the Department of Health and Human Services.

Criminal conduct or fraud by an employer,  healthcare provider, or government contractor should not be ignored or go unreported. As a government or private company employee with knowledge of serious wrongdoing, you should know your rights as a potential whistleblower. In addition to legal protections, whistleblowers can receive significant compensation under certain situations. We encourage all employees to visit whistleblowers.gov in an effort to be more aware of whistleblower protection programs.

If you or someone you know is dealing with blatant wrongdoing by their employer, we encourage you to call our law offices in Atlanta for guidance and advice in whistleblowing situations. With more than 25 years of experience in legal matters relating to business and employment situations, Jay Brownstein has expertly guided individuals faced with delicate whistleblowing decisions. Contact our offices today at 770-458-9060 for a consultation.

Employment Visas and EB-5 Updates

Thousands of foreign workers employed in various occupations are welcomed into the United States every year. All of these workers – artists, researchers, information technology specialists, religious workers, scientists and others from numerous occupations – must obtain permission to work in the U.S. by obtaining an employment visa.

Temporary (Non-immigrant) Worker Visa

This visa is for an individual asking to enter the United States on a temporary basis for a specific purpose. Applicants are restricted to the activities and purpose(s) they listed in their visa request.

Permanent (Immigrant) Worker Visa

This visa is for an individual who has been authorized to live and work permanently in the United States.

Students and Exchange Visitors Visas

Students and exchange visitors are allowed to work in the United States under specified circumstances.

Temporary Visitors for Business

To enter the United States for business purposes requires a visa as a temporary visitor for business (B-1 Visa).

EB-5 Immigrant Investor Program

Under the EB-5 Immigrant Investor Program administered by the USCIS,  entrepreneurs, their spouse and unmarried children under the age of 21 can apply for a green card to gain permanent residence if: they make the necessary investment in a commercial enterprise and plan to create ten permanent full time jobs for United States workers.

Employment Visa AtlantaThis program was created by Congress in 1990 as a means to stimulate the U.S. economy. The dual goals were to create jobs and increase capital investment by foreign investors.

Association to Invest in USA (IIUSA) reports this program has brought many investments from Great Britain, Canada and South Korea, with the most investments in recent years coming from China. Since it was created, the EB-5 Visa Program has brought 6.8 billion dollars into the U.S. and has issued more than 29,000 visas.

Small Business and EB-5 Investment Visas

For a small business to attract an EB-5 investment, the business needs a project set up to raise funds, be financially viable and marketable, and prove there will be a creation of jobs and have a clear exit strategy to return funds to investors. Small business owners have tough competition in this market from ventures promoting larger projects, such as multi-million dollar real estate developments. Foreign investors have been drawn to larger-scale and higher profile investments.

The EB-5 process takes a lot of time, patience and expertise. Experts advise businesses interested to get in touch with the USCIS EB-5 Regional Center in their area as they can help ensure a proposed project fits the parameters of the program. Experts also advise being careful and as complete as you can when filing.

Reforms are being made to the EB-5 Regional Center Program, in large part to address abuses by some promoters. Industry stakeholders should take this opportunity to present their thoughts on how reforms can be implemented in a way that both supports job creation and foreign investment efforts. Congress recently passed a temporary extension of the program through December 2015.

In 2014, President Obama took action concerning immigrants entering our country illegally to find employment. He has announced three steps to gain control of those illegally entering our country for employment:

  • Grant additional resources to border patrols to stem the flow.
  • Make it easier for highly skilled immigrants to stay and contribute to the economy.
  • Proposed measures to address the millions of undocumented immigrants already in the country.

Opponents of the President’s reforms subsequently went to court to block many of them, and were successful doing so. The U.S. immigration system remains in need of change today.

Today, applying for one of the many types of employment visas is an important avenue for those who wish to enter the United States legally for employment reasons.

The Atlanta immigration offices of Brownstein & Nguyen offer experienced and qualified help with employment visasinvestment visas, and other immigration questions and assistance. Contact our Georgia immigration law offices today.