| I recently talked with a client who suffered horrible injuries to her reproductive organs due to Vaginal Mesh. She was investigating whether she should bring a Vaginal Mesh Lawsuit. During the conversation we somehow arrived at the topic of juries and jury trials. I informed her that it is often the defense attorney in a personal injury case who demands that a trial be heard by a jury rather than by a judge. The woman was shocked to hear this, and I wondered how many members of the public are misinformed about the fact that defendants in injury cases often benefit much more than plaintiffs from trials being decided by juries rather than judges. In our experience defense attorneys are very careful to request jury trials rather than allow a judge to decide the trial (it is always an option for both parties to agree to a judge trial – in my experience, defendants rarely agree). It is also a fact, that any honest jury consultant will verify, that people who serve on juries are overwhelmingly anti lawsuit, anti plaintiff, and very suspicious of people who sue defendants for injuries. As a rule, juries favor defendants over plaintiffs at the outset of a trial. |
| How does this apply to the Vaginal Mesh Lawsuit? The Vaginal Mesh lawsuits will be filed in various courts around the country. If the plaintiffs’ attorneys don’t request a jury, the defense attorneys will almost certainly do so rather than let judges decide the cases.
The people serving on the juries will almost certainly have pre-conceived beliefs including that a large manufacturer of a medical device must have researched the product, properly tested the product and brought the product to market under stringent oversight by government regulators. Many jurors will also believe that plaintiffs are exaggerating their injuries. Defendants and their attorneys count on these pre-conceived juror beliefs to help them win their cases.
It will be an uphill climb for the plaintiffs to show the juries the facts that may call into question the motives and actions of the manufacturer. It’s a difficult task for a plaintiff to show that a large American corporation is capable of very had behavior in pursuit of its goals despite what is supposed to be competent government regulation and oversight. However, despite the difficulty of the task, plaintiffs and their attorneys have been able to win difficult medical device and pharmaceutical cases -- because often the actions of the companies has been proven to be so wrong that the jury’s initial bias is overcome. |
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| What you need to know about the Medtronic Infuse lawsuit.
In July of 2008 the Food and Drug Administration (FDA) issued a public health warning on life threatening side effects of Infuse. In cervical spine surgeries, acute severe neck swelling several days after surgery has resulted in death or permanent injury in some patients.
Medtronic Infuse was approved by the FDA in 2002 for use in anterior approach lumbar fusion of one level of the spine between the L1 and S1 vertebrae. Surgeons have used Infuse for other types of surgeries not approved by the FDA and in other areas of the spine for which Infuse was never approved. Use of Infuse in a way that was not approved by the FDA is considered an off-label or experimental use. Infuse has been used in lateral approach (from the side of the body) and posterior approach (from the back of the body) lumbar surgeries and also in cervical (neck) surgeries. None of these uses was approved by the FDA, and it is believed that many thousands of patients have been given Infuse in these off label uses. Many of the patients don’t have any idea they have the product in their bodies.
Whenever a medical device such as Infuse is used in an off label use, the patient must be informed of this off label/experimental use prior to the surgery and the risks of the use have to be fully disclosed by the manufacturer to both the patient and the doctor using the product – before the surgery. Many patients were not informed of the experimental nature of the use of Infuse for their type of surgery, nor were they informed of the risks including the risk of serious and permanent side effects such as excess bone growth (sometimes into the spine).
Allegations surfaced in the summer of 2010 that Medtronic under-reported the risks of the Infuse product. The risks include excessive bone-growth, increased cancer risk and male sterility. Infuse is a recombinant human bone morphogenetic protein-2 (rhBMP-2). An article detailing a systematic review was published in The Spine Journal that compared the conclusions regarding safety in the industry sponsored trials (Paid for and conducted by the companies like Medtronic) with FDA data summaries, follow-up publications and administrative and organizational databases. This systematic review showed that, whereas the industry had reported no adverse events in any of its industry paid for studies, an estimate of adverse events associated with the rhBMP-2 use has an estimated 10%-50% adverse events depending on what procedure (type of surgery). These facts tend to support allegations that Medtronic and the industry hid dangerous side effects of their Medtronic Infuse bone graft. US Senators Max Baucus and Charles Grassley are leading the investigation into the alleged cover up. In a letter to the company, the Senators demanded the release of documents showing communications with researchers about the development and testing of the Infuse bone growth products and any payments made to researchers. Senate Finance committee chairman Baucus reportedly described that, “These reports that doctors conducting medical trials while on Medtronic’s payroll may have hidden serious side effects for patients are deeply troubling.” He went on to say, “Information is one of the most important tools patients and doctors have when making medical decisions. Patients have a right to know the risks associated with their treatments, and medical device companies have a duty to disclose this information. We need to do everything we can to ensure companies aren’t concealing serious medical complications from patients just to increase profits.” “A patient having surgery has to rely on his doctor’s knowing the risks and benefits of a medical device. The doctor in turn has to rely on the medical literature. If the medical literature has been written by those with financial ties to the device maker, the doctor and his patient should know that. A lack of transparency leaves doctors and patients in the dark on something any of us would want to know before surgery. It’s alarming to learn after the fact that articles draw conflicting conclusions about a device’s safety and complications. The lack of disclosure of payments raises questions about the integrity of the conclusions reached, whether integrity was compromised or not,” said senior committee member Grassley. If you or a loved one has been injured by spine surgery in which Medtronic Infuse was used, contact our office to find out your legal rights. Our Firm represent people nationwide in these serious cases. |
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A brain injury lawyer will brain injury victims in filing litigation and seeking compensations for resulting from negligence or recklessness.
Brain injury refers to any injury to the brain caused either mechanically or infection / disease. Brain injury may be caused by external pressure applied to the head, anoxic/hypoxic injury, vascular disruption, intracranial surgery, arteriovenous malformation, infectious diseases, toxic exposure or metabolic disorder.
Understanding The Consequences Of Brain Injury
Brain injury can result in serious reversible or irreversible disabilities. It may result into permanent mental disability, attention impairment, conduct disorder, language impairment, cognition impairment, motor disorder, memory disorder or neurological dysfunction. Majority of the people who suffer from brain injuries are either hospitalized or die. Of those hospitalized many experience altered or lost functional ability and thus a life-long effects. The emotional distress, physical challenges and financial burdens that these victims and their families face are beyond what they have ever predicted or can comprehend. Possible causes of brain injury are every where and a possible preventive strategy may not be possible. Furthermore the resources to cover up brain injury complications and help a brain injury victim to life a normal life may not be available to every one.
Legal Assistance For A Brain Injury Victim
It is important to seek legal assistance immediately after a brain injury has occurred. Important evidence may be lost if a lawyer is not involved in the early days following the injury. Proper and timely filling in of a personal injury claim protects the rights of the injured person to pursue financial damages or losses which might have been incurred as a result of the injury. While a brain injury lawyer is concerned with the investigation, the brain injury victim, family and friends can focus on seeking the best treatment and support services. Brain injury treatment requires expensive and extensive medical, support or rehabilitation services depending on the nature of injury. Besides compensation, other matters that might require legal assistance for a brain injury victim may include seeking the powers of attorney, separation and divorce, criminal matters, estate planning, analyzing victim’s competency and need for a guardianship.
A Personal Injury Lawyer
If the cause of the brain injury is as a result of negligence or recklessness, such a victim may seek the services of a lawyer. A personal injury lawyer is largely devoted to head injury cases and has the special training and expertise to deal with cases involving brain injury. A lawyer can assist a victim in obtaining determination of eligibility for federal and state entitlement programs. Besides a brain injury lawyer can help a victim in identifying and obtaining financial resources that might be overlooked by the victim’s family and which can help in treating the injured person.
Attorney
If the brain injury has resulted from other causes, the victim may seek the services of an attorney. Consulting an attorney would assist the victim in acquiring public entitlement, employment rights, disability rights, insurance policies, estate planning.
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| The PH Lawfirm represents plaintiffs in wrongful death and catastrophic traumatic brain injuries cases in Seattle and across the United States according to the multijurisdictional practice and pro hac vice rules in each state. Brain injury, traumatic brain injury, TBI |
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Explosions are characterized by high temperatures and release of gases. Explosions are triggered by rapid increase of volume resulting in release of energy under extreme conditions. An explosion creates shock waves which can either be supersonic or subsonic detonation. If the shock wave is a supersonic then the source of the blast is termed as a high explosive. The force released as a result of an explosion is always perpendicular to the surface of the explosive. The rapidity of the explosion distinguishes explosive reactions from other combustion reactions. The rapid release of large quantities of heat results into expansion of gaseous products generating high pressures. Generation of large quantities of heat accompanies most of the chemical explosions.
There are various causes of explosions depending on the triggering factor.
Chemical Explosion
These are the most common form of explosion. Chemical explosion results from chemical explosives which involve a rapid and violent oxidation reaction which produces large volumes of hot gases. Most chemical plant explosions are caused by a variety of factors including a poor knowledge of safety protocol, negligence, poor maintenance or freak occurrences. Poor maintenance may result into leaks of dangerous chemicals creating a situation which may facilitate a chemical plant explosion. A simple fire can result into a chemical plant explosion by acting as a catalyst for a chemical reaction in cases were flammable chemicals are present. Fires can be caused by lightning, poorly maintained boilers, cigarettes smoking in a facility or even malfunctioning electrical equipment which lead to development of a spark. The design of plants and especially chemical plants should be intended to limit the risk of explosions and contain explosions when they occur.
Natural Explosions
These are rare and may occur in form of volcanic processes and impact events. Volcanic eruption occurs when magma rising from below the earth’s surface contains a lot of dissolved gases in it. This causes reduction in pressure as the magma rises resulting into bubbling out of the solution and an increase in volume.
Vapor Explosions
This kind of explosion involves an increase in pressure and volumes.
Nuclear Explosion
A nuclear explosion occurs from uncontrolled mass of fission of a quantity of fissionable material resulting into sudden release of energy produced through enrichment of uranium. Nuclear explosions are extremely dangerous capable of completely destroying an entire city.
Electrical Explosion
This is a form of explosion which results from sudden release of energy due to short circuit between power phases or from a power phase to the ground.
Explosions are dangerous and may result into large numbers of casualties. Care should be taken to prevent sure losses including adherence to safety rules and regulations.
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| We are currently investigating and evaluating these cases. If you or someone you love has been injured in a fire accident, please contact us for more information and to learn your legal rights.
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| On December 22nd, 2009 a fire erupted in the Old School apartments in Curlew Washington. Two young children died in the blaze. The mother apparently caught fire looking for her kids and had to jump out a second story window without them. Her mom died in the fire as well. |
| We represent the mother in this case against the building owners. The case underscores the importance of building owners and landlords following fire safety rules and building codes. We are continuing to investigate. If you or someone you know has information regarding this fire and the condition of the building. Please contact our office. |
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The purpose of safety precautions is to improve the safety and health of workers, visitors into work places and the neighbouring community. Work involving hazardous substances and especially explosives are dangerous because of the risks of fire and explosion. Each year large numbers of people suffer from explosion related cases most of which are preventable if the right safety measures are put in place.
For an explosion to occur there must be a flammable substance, air and a source of ignition. Eliminating or controlling the above can prevent great losses and damages. Therefore measures should be put in place at all times to address anticipated effects including possibilities of explosives occurring and their persistence, the likelihood that ignition sources such as electrostatic discharges will be present and ,may become active and effective in the work place and the installations emphasizing on the substances used, the processes involved and possible interactions.
Elementary Prevention Measures
The elementary form of explosion prevention is good house keeping, maintenance and discipline. Good maintenance includes checking, reporting and ensuring correct installation and repair of electrical equipments. This eliminates ignition sources from the plant. Regular check up of all equipments including fire fighting equipments to ensure they are in good working condition. Any substance or equipment should be used or put into use according to the manufacturer’s specifications.
Education And Awareness Creation
Most explosion accidents occur due to negligence or lack of understanding of the operation systems. Education and training of personnel are the most effective means of preventing accidents especially explosion oriented. Good discipline in a company or plant involves developing a fire plan to use in averting disasters. A fire plan involves among others having periodic fire and explosion drills and enforcing no-smoking regulation among other preventive measures. The work place should be maintained in a clean and orderly manner. Storage of all material including flammable substances should be clear to all individuals operating in the premises. Hazardous substances should be labeled clearly to avoid any forms of confusion.
Preventive Regulations
Adherence to rules and regulation is one of the most effective explosion control measures. The government should develop rules and regulations concerning explosions and work place which should be enforced and adhered to the latter by all industry players.
In case of an explosion, investigation should be carried out to establish the cause of the explosion and gather useful information which might help in preventing a similar occurrence in the future.
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| We are currently investigating and evaluating these cases. If you or someone you love has been injured in a fire accident, please contact us for more information and to learn your legal rights. |
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Fire safety measures includes those measures planned during the construction phase of a building or structure or implemented in an already existing structure and those that are taught to occupants of a building. Fire safety is a concern of both premises owners as well as occupiers. Fire hazards are threats to fire safety. They may include escalation of the probability of a fire occurrence or an impediment to evacuation in case of a fire outbreak. Fire may result into death, injury or loss of property. Effective fire safety measures should be able to prevent the occurrence of fires by alerting those present in a structure in the event of a fire occurrence, enable those threatened by the fire to survive and reduce the potential damage which might be caused by the fire. The United States government through states and communities has derived policy geared towards a general fire safety in all non-domestic premises. The fire legislations are aimed at implementing a risk based approach to fire safety in community, industrial and business premises. It puts upon every person especially employers, owners or occupiers a responsibility to carry out fire safety assessment and implement an appropriate fire precautionary and protection measures.
Fire Hazards
The common fire hazards include blocked cooling vent systems which lead to accumulation of heat and possible explosions, overloading of electrical system, incorrectly installed wiring and misuse of electrical appliances with potential of electrical explosions. Objects which block fire exit routes and may lead to increased casualties incase of a fire outbreak. Open fires left unattended may be disastrous and act as possible fire ignition points.
Building Codes
Building regulations deal with building controls in new or renovated premises. The regulations define the types of buildings and building work which are subject to controls in each state and outline the requirements for the building design and construction with an aim of reducing fire hazards. Any building should be constructed in accordance with the version of the local building code. In addition structures should be maintained in accordance with the provisions of the fire code. This includes maintaining proper fire exits and proper exit signage with signs pointing to them that can function even incase of power failure. Fire extinguishers should be placed and maintained in accessible positions. Hazardous materials which might be needed inside the building such as solvents in spray booths should be stored properly and away from easy reach.
Storage Of Substances
Storage of substances in work place should be according to the manufacturer’s instructions. Storage rooms for flammable substances should have good ventilation systems to dilute or remove flammable gases or vapors.
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| We are currently investigating and evaluating these cases. If you or someone you love has been injured in a fire accident, please contact us for more information and to learn your legal rights. |
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5 People Killed In Seattle’s Anacortes Oil Refinery Explosion
An explosion and fire erupted in Tesoro corp. refinery located in Anacortes about 70 miles north of Seattle on Puget Sound. The tragedy occurred on early Friday around 12:30 am killing 5 people including a lady and critically injuring 3 others, a lady and two men. The 3 injured remain in critical condition in hospital.
The fire which took firefighters around 90 minutes to put off occurred during the corporations’ maintenance period interfering with the maintenance process. The source of the explosion is under investigation with sources from the corporation indicating that the blaze started in a naphtha unit of the complex. Naphtha a volatile and highly flammable liquid had been derived during the refining process into the unit which had undergone maintenance and was in the process of returning to operation.
Emergency response procedures were activated immediately by the plant management and the fire was brought under control by the Tesoro emergency personnel within a span of 90 minutes.
The explosion comes a year after Tesoro was fined about $ 85,000 for 17 serious safety and health violations cases were unearthed in their plants. The tragedy is the biggest refinery case after the 2005 BP American refinery explosion which killed 15 people and injured about 170 others.
The explosion woke up neighbors to the plant with fire flames been blown up by the strong winds. The neighbors gave distress calls to several news rooms including KINGS 5 news to express their horrifying experiences.
The plant has established an emergency operation center at the refinery and aims to ensure safety for all its employees, contractors and the neighboring community.
The United States chemical safety and hazards investigation Board has commenced investigation by sending six people to the accident scene and terming the occurrence as very serious.
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| We are currently investigating and evaluating these cases. If you or someone you love was injured in the Ancortes Oil refinery explosion, please contact us for more information and to learn your legal rights. |
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Tbi occurs through damage to the skull. It’s important to protect the skull and subsequently the brain to avert complications which may be brought about by brain injuries. Incase one suffers from a traumatic brain injury Immediate medical care is important as the damage may worsen overtime depending on the nature of injury. If you or a family member has suffered from tbi, as a result of an accident you can seek legal action to get compensation from the responsible party. Compensation will cover medical costs, property damage, lost wages/salaries and other monetary damages. Although an injury to the head may lead to lifelong complication such as headaches and light sensitivity, the same cannot be compared with hematoma and anoxia resulting from tbi. When seeking legal redress, it’s important to understand the nature of the tbi so that the right compensation is sort.
Concussions
Concussion is a short loss of consciousness in response to a head injury. They are mainly caused by a sudden blow to the brain which shakes the brain surrounded by fluid and protected by the skull which temporarily hinders the brain from working properly. Concussions may be caused by fights, falls, car crashes, accidents or playground injuries. Concussions are mainly manifested through persistent headaches, nausea or disorientation.
Types Of Concussions
Concussions are identified through grades which help doctors to gauge the level of concussion a person is suffering from. The grades depend on the length of time one loses consciousness.
Grade 1 Concussion
Individuals suffering from grade 1 concussion will not experience a loss of consciousness and confusion symptoms will last for less than 15 minutes.
Grade 2 Concussion
It’s Similar to grade 1 concussion except that confusion symptoms can last more than 15 minutes.
Grade 3 Concussion
They are the most serious types of concussions. A loss of consciousness occurs and will last either seconds or minutes.
Hematoma
A tbi may result to hematoma or a heavy bleeding around the brain. Such a diffuse brain injury may affect multiple parts of the brain and blood vessels. Hematomas are classified according to the area of bleeding in the brain. An epidural hematoma involves bleeding in the area between the skull and the dura. A subdural hematoma involves bleeding between the dura area and the arachnoid membrane. Bleeding within the brain, results into intracerebral hematoma. No matter what the type of hematoma, its Important to note that hematomas are extremely dangerous and potentially fatal and a CT scan or MRI is important after suffering a tbi.
Anoxia
Anoxia is a situation in which there is an absence of oxygen supply to an organ’s tissue despite normal blood flow. Anoxia is an extreme condition and may lead to death of brain cells within several minutes of tbi. This condition is common in people suffering from heart diseases or massive blood loss. Most common forms of anoxia are anemic anoxia, ischemic anoxia and anoxic anoxia.
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| The PH Lawfirm represents plaintiffs in wrongful death and catastrophic traumatic brain injuries cases in Seattle and across the United States according to the multijurisdictional practice and pro hac vice rules in each state. Brain injury, traumatic brain injury, TBI
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Traumatic brain injury is a form of brain injury which occurs when a sudden trauma causes severe damage to the brain. The damage may be focal (confined in one area of the brain) or diffuse (involving more than one area of the brain). A traumatic brain injury may be as a result of a closed head injury or a penetrating head injury. A closed injury occurs when the head suddenly and violently is hit by an object which does not break through the skull. A penetrating injury on the other hand, occurs when the skull is pierced by an object and enters the brain tissues damaging them.
Majority of traumatic brain injuries are as a result of transportation accidents involving motorcycles, bicycles, automobiles and pedestrians. Other causes include violence, such as child abuse, firearm assault, falling, sport injuries and incidents involving drugs and alcohol use. The cause of a traumatic brain injury plays a major role in determining the patient’s health status. Determining the cause of a traumatic brain injury is very critical in seeking legal action, since it may form the bases for any legal proceedings.
Traumatic brain injury is a major cause of deaths both for children, teenagers and adults. The injuries may however be prevented through the use of protective gears such as sports or motorcycle helmets and safety belts. Efforts to reduce the number of accidents such as enforcement of traffic laws and safety education programs may reduce the instances of traumatic brain injury. Prevention of brain injury is a crucial undertaking since some of the outcomes of the injuries may be irreversible. Furthermore no legal proceedings may reinstate a victim of traumatic brain injury to his/her original physical or mental state thus precaution is always paramount. However, in the event of a traumatic brain injury the victim can seek legal redress depending on the nature of the injury.
Traumatic brain injury may have both direct and secondary implications. A brain trauma may be caused by a direct impact or by acceleration alone. Traumatic brain injury may cause a host of physical, cognitive, emotional and behavioral effects and the outcome may range from a complete recovery to permanent disability or even death. In addition to direct damage caused at the moment of injury, a brain trauma may cause secondary injuries. Alterations in cerebral blood flow, internal bleeding and pressure within the skull may be secondary injuries attributed to the damage from the initial injury. It’s important to seek medical care for any brain injury no matter the magnitude since the secondary effects may not be obvious. However, advancement in technology and medical field have decreased the causes of brain injury related deaths and improved the patient’s outcome. Depending on the nature of injury, treatment may be minimal or may include interventions such as medications or emergency surgery. Rehabilitation of brain injury victims may be done through physical therapy, occupational therapy or speech/language therapy, physiatry (physical medicine) therapy, psychology/psychiatry therapy and social support.
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| The PH Lawfirm represents plaintiffs in wrongful death and catastrophic traumatic brain injuries cases in Seattle and across the United States according to the multijurisdictional practice and pro hac vice rules in each state.
Brain injury, traumatic brain injury, TBI |
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