Skip to main content
No photo

Charles Upton’s Answers

698 total


  • Do I have a case?

    My son was born October 26th 2015 and placed in NICU for a heart condition. When a transesophageal echo was done, Wolfson's cut a hole in his esophagus resulting in 6 weeks of NICU care suffering 2 collapsed lungs, infection after fistula formed c...

    Charles’s Answer

    I am sorry to hear about this difficult situation. You very well may have a case. I suggest you contact an attorney right away to review your case in detail. Many firms, including mine, will provide you with a free consultation.

    See question 
  • Would like to find an FDCPA collection attorney to represent me for a fairly simple open and shut case.

    Have been receiving automated collection calls from various companies on my cell phone which is illegal and constitutes an FDCPA violation for each occurance. I have been in the debt collection industry for 15 years and clearly know the violations...

    Charles’s Answer

    This is a duplicate question. Please see my answer to your other posting.

    See question 
  • Would like to find an FDCPA collection attorney to represent me for a fairly simple open and shut case.

    Have been receiving automated collection calls from various companies on my cell phone which is illegal and constitutes an FDCPA violation for each occurance. I have been in the debt collection industry for 15 years and clearly know the violations...

    Charles’s Answer

    There are plenty of attorneys who will be willing to provide you with a free consultation about this matter. And most will handle the case on a contingency if they agree to represent you (that is, no win-no pay).

    See question 
  • How can I have my wife be 51% owner in my company,while at the same time, retain all control over day-to-day operations/finances

    I want my business to have the classification of "woman owned business enterprise".

    Charles’s Answer

    You should retain a business attorney to draft and file the necessary paperwork. It is something best done right the first time.

    See question 
  • What can i do to a lawyer who has talked to another person about my case without my permission?

    my attourney told a person he told the defence lawyer that i would settle for anything because i was poor

    Charles’s Answer

    If you believe your attorney is not working to protect your interest, you can certainly retain a different lawyer. Good luck.

    See question 
  • Can I sue a generic drug pharm. for a bad drug. Causes tardive dyskinesia.

    My husband has been told my at least 4 doctors that he has "tardive dyskinesia" caused by the generic dug "metoclopramide". He has had Cat Scan and MRI done and the doctor of Neuroscience said it was irreversible. I want to sue the PAR Pharm...

    Charles’s Answer

    I am sorry to hear about your family's issue. Yes, generally speaking, you can sue the manufacturer of this drug even though it is a generic. However, you need to discuss your situation in greater detail with an attorney. Most firms, like mine, will provide you with a free consultation.

    See question 
  • Knee replacement on 1/15/2013 on 5/2015 found a infection in and around the knee when it was removed the knee fell apart

    after the knee replacement around 10/2014 it stared hurting when walking ,went to doctor two or three times could not find anything wrong just need a revision done ,sent me too a different doctor that would do it on 4/2015 could not walk on it any...

    Charles’s Answer

    You may have a case. Do you know the specific reason for the original revision? This may have affect your case. Also, the reason for the infection needs to be explored in further detail to determine if it may, too, give rise to a claim. Please consider consulting with an attorney right away, because your case is subject to strict time limitations. You should not have to pay for the consultation.

    See question 
  • Looking for a lawyer for deputy brain shunt failure

    Looking for a lawyer for a brain shunt that has failed, resulting in permenant disability and the need for a second brain shunt operation. Statue of limitations has run out for medical malpractice

    Charles’s Answer

    In what state do you reside? The statute of limitations for product liability vary from state to state.

    See question 
  • I need a lawyer to represent me for the cause of my CML leukemia, starting in 2012.

    Oncologist says it is from chemicals such as benzene, wd-40, Ortho Weed and Feed, Round Up weed killer. I also have asbestos plaque on my lungs, which I have been paid some partial settlements for. Western Asbestos settlement / MacCarther and O...

    Charles’s Answer

    I am aware of investigations and lawsuits regarding Roudup exposure and CML. This are very fact specific cases; therefore, your case would need to be considered in great detail. But it is possible you have a claim. You need to speak with an attorney soon to protect your rights.

    See question 
  • My mother was intubated by EMS in the esophagus inst ad of the trachea by EMS. Is this medical malpractice or something else.

    She was transported by EMS. according the hospital records the doctor noticed the mistake upon arrival. That dr then removed the intubation equipment from her esophagus and placed it in her trachea. It was too late and she passed away. Is this wro...

    Charles’s Answer

    I am sorry for your loss. To answer your questions directly, it is a case of medical malpractice, resulting in a wrongful death. Their are specific Florida laws that apply to both. This certainly sounds like something that is worth investigating to determine if your family has a case. Please do so quickly, as there is a very short statute of limitations that will apply.

    See question