Posted by & filed under Uncategorized.

There are more than two million tractor-trailers on the road in the United States.  These are trucks that weigh up to 80,000 pounds and present serious dangers to the motorists on the highway.  The National Highway Traffic Safety Administration recently reported that there were 3,964 fatalities in tractor-trailer collisions in 2013.  More information about the National Highway Traffic Safety Administration can be found here.  That year marked the fourth straight increase in large truck involved fatalities.  According the Federal Motor Carrier Safety Administration, the tope ten factors in 18 wheeler collisions are: brake problems; distracted driving; changes in traffic flow; prescription drug use; drunk driving; driving too fast; not knowing the roadway; over-the-counter drug use; inadequate observation of traffic conditions; and fatigue.

If you or a loved one were injured in a tractor-trailer accident, and would like more information about this type of claim or the personal injury claims process, you can request a copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike at 913-789-7477 to request a free consultation.

Posted by & filed under Pharmaceutical/Medical Devices.

A jury in Delaware has returned a verdict for $100 million against transvaginal mesh manufacturer, Boston Scientific Corporation.  The verdict includes $25 million in compensatory damages and $75 million in punitive damages.  The jury specifically found that the devices were defectively designed and that company executives committed fraud by hiding the true risks of the device from doctors and their patients.

The 52 year old plaintiff had the mesh implanted to treat pelvic organ prolapse and stress urinary incontinence.  She claimed the mesh inserts eroded after implantation causing scarring and multiple other injuries.  She underwent two surgeries to remove the devices but she still has portions of the mesh inside her and remains in chronic pain.

This verdict is the largest against Boston Scientific and exceeds a $73 million Texas verdict last year.  This is now the sixth verdict against Boston Scientific for its transvaginal mesh products.

If you or a loved one have suffered injury from a transvaginal mesh product, you can call Mike at 913-789-7477 for a free consultation.

Posted by & filed under Medical Malpractice.

The most frequent cause of nursing home injuries seen in my practice is the lack of adequate staffing.  Inadequate staff leads directly to lack of and poor quality of patient care.  Commonly seen injuries as a result of inadequate nursing home staff include: patient falls; dehydration; infections; bedsores; and malnutrition.  The U.S. government inspects and rates nursing homes.  Staffing is included in the ratings as well as health inspections and quality measures.  Grades are then given to each state based on these inspections.  Nursing homes in Kansas received a grad of “C”.  Nursing homes in Missouri received a failing grade of “F”.  If you would like to check on the grade of a nursing home that your loved one is in you can go to the Nursing Home Compare website by clicking here.

If your loved one has suffered an injury or abuse in a nursing home and would like to discuss a personal injury claim, you can call Mike at 913-789-7477 to request a free consultation.

Posted by & filed under Uncategorized.

Pregnancy Induced Hypertension (PIH) is a condition that arises in one of fourteen women who become pregnancy.  PIH is also commonly referred to a preeclampsia or toxemia of pregnancy.  The symptoms of PIH are high blood pressure, sudden or rapid weight gain, protein in the urine, and swelling of the hands, feet, or face.  During routine prenatal doctor’s visits, tests for weight gain, blood pressure and urine protein should be monitored.  If not properly diagnosed and treated, this condition can result in decreased blood flow to the baby, premature delivery, brain damage and cerebral palsy.  PIH can also result in injury, including seizures and multi-organ failure, to the mother.

On diagnosis of PIH it is common that prenatal care is transferred to a high risk pregnancy specialist,  and delivery should only occur in a hospital capable of handling a high risk delivery.

Medical malpractice involving PIH can include failure to promptly and properly diagnose PIH, failure to treat the condition, failure to refer to a high-risk pregnancy specialist, and failure to have the delivery performed at a qualified hospital.  Failures, such as those described here, were the basis for a Florida jury returning a $23 mission verdict for a baby with severe brain damage and cerebral palsy that will need skilled nursing care for the rest of here life.  More information about this case and the verdict can be found by clicking here.

If you suffered from PIH during pregnancy and your child was born with injuries, you can call Mike at 913-789-7477 to request a free consultation.

 

Posted by & filed under Pharmaceutical/Medical Devices.

Zithromax, also known as Z-Pak or Z-max, is an antibiotic sold by Pfizer.  The drug was introduced in 1991 and has become one of the best-selling antibiotics in the U.S.  Zithromax is frequently prescribed because it can be used for short periods (1, 3, or 5 days).  It is also a popular antibiotic that can be used by patients who are allergic to penicillin.  It can be used for most infections.

Despite its benefits, Zithromax can have serious, and even fatal, side effects.  These side effects include: kidney damage; liver damage; Stevens Johnson Syndrome; abnormal electrical activity in the heart; and sudden cardiac death.

There is evidence that Pfizer was aware of the liver damage from Zithromax as early as 1998, yet still elected to sell and market the drug.  In 2009, Pfizer agreed to pay a $2.3 billion settlement.  The claims against Pfizer included off-label marketing of Zithromax, and 12 other drugs, and paying kickbacks to doctors for pushing their drugs, including Zithromax.  It was the largest ever criminal fine in the U.S.

If you or a loved one have suffered one of the above injuries while taking Zithromax, you can call Mike at 913-789-7477 to request a free consultation.

Posted by & filed under Auto Collisions.

Statistically, there is a one in twenty-five chance that you will be in an automobile collision this year.  Over a five year period there is a one in five chance of a car wreck.  If you are in a vehicular collision you want to make sure that you have the insurance to pay for your medical bills.  In Missouri, you can elect to purchase Medical Payment (MedPay) benefits.  This is optional insurance that you can buy that will pay for your medical bills or reimburse you for payment made to health care providers.  MedPay benefits are relatively inexpensive and it is best if you purchase at least ten thousand dollars worth of coverage.  In Kansas, Personal Injury Protection (PIP) benefits of $4,500 automatically comes with your car insurance.  You can purchase, and it is strongly recommended, that you purchase additional PIP coverage.  Kansas requires that you submit your PIP auto insurance coverage to a health care provider first.

If you do not have adequate MedPay or PIP coverage, it will be necessary that you submit the bills to your health insurer.  Increasingly, health insurance is provided as an Erisa benefit.  This means that your health insurer will have a lien on any compensation you recover for your injuries.  It is much better to use your MedPay benefits, instead of health insurance, as you will not need to reimburse your MedPay benefits when you receive compensation for your injury.

If you or a loved one have suffered an injury in an auto collision and would like more information about payment of medical bills or the personal injury claims process, you can request a copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike at 913-789-7477 to request a free consultation.

 

Posted by & filed under Pharmaceutical/Medical Devices.

Boston Scientific is a manufacturer of transvaginal mesh.  Transvaginal mesh is surgically implanted mesh to treat, among other things, urinary incontinence. To date, more than 25,000 women have filed claims against Boston Scientific for injuries they suffered from the transvaginal mesh.  This week Boston Scientific announces that it had reached its first settlement to resolve some of the claims alleging injury from transvaginal mesh.  It will pay about $119 million to settlement over 2,900 of the claims filed against it.

The settlement comes after two juries reached verdicts against Boston Scientific.  In West Virginia, a jury returned a verdict of $18.5 million.  IN Miami, a jury returned a verdict of $26.7 million on behalf of four women who suffered pain, bleeding, and infection after being implanted with Boston Scientific transvaginal mesh.

If you or a loved one have suffered an injury after receiving transvaginal mesh, you can contact Mike at 913-789-7477 for a free consultation about your claim.

Posted by & filed under Pharmaceutical/Medical Devices, Uncategorized.

A Los Angeles jury recently returned a verdict of $48.1 million to a man who suffered Stevens-Johnson syndrome as a result of taking Motrin as a teenager.  Stevens-Johnson syndrome is a severe reaction that is painful and debilitating.  In this condition the skin burns from the inside out, blisters and begins to separate from the body.  This is the second recent verdict rendered against the manufacturer of children’s Motrin.  Earlier a Philadelphia jury awarded $10 million to a 12 year old girl who was left blinded in one eye and suffered burns over eighty-four percent of her body.  Massachusetts’ highest court upheld a  $63 million judgment against Johnson & Johnson for a girl who nearly died and was left blind from the drug.

If you or a loved one have suffered a severe reaction from taking a medication or over-the-counter drug, you can call Mike at 913-789-7477 for a free consultation.

Posted by & filed under Pharmaceutical/Medical Devices.

Zofran is a drug produced and sold by Glaxo Smith Kline (GSK) solely for the purpose of nausea relief in chemotherapy patients.  The U.S. Food and Drug Administration approved Zofran for this purpose.  However, GSK marketed the drug for “off label” use, meaning that they marketed the drug for purposes other than treating chemotherapy patients.  One of the targets of this unapproved marketing was to treatment morning sickness and hyperemesis gravidarum (nausea, vomiting, and weight loss) in pregnant women.  GSK marketed the drug as safe for pregnant women without ever performing any clinical trials to insure the drug was safe.  More than one million women took Zofran each year.  Unfortunately, Zofran is a drug that goes through the placenta and can harm the fetus.  GSK new 2 since 199that Zofran passed through the placenta to the baby but chose not to perform any clinical trials to see whether the drug was safe or not.  It now appears that Zofran causes birth defects including: heart defects (atrial septal defects, heart murmurs, and ventricular septal defects); cleft lip; and cleft palate.  There is also concern now that the drug may not be safe for the pregnant women themselves.

Litigation is now pending against GSK for their flagrant negligence in failing to test the drug which led to birth defects in children.  If you or a loved one took Zofran and have suffered and injury, please call Mike at 913-789-7477 to request a free consultation.

Posted by & filed under Auto Collisions.

Substantial research has been performed on the long term effects of Post Traumatic Stress Disorder (PTSD).  Prognosis appears good only when appropriate treatment is begun early in the course of the disorder.  PTSD is more severe and longer lasting when the trauma is of a human cause.  The persistent nature of PTSD difficulties has been studied, for example, in Vietnam War veterans.  Veterans of this war still showed signs of chronic symptoms twenty years after the trauma.  There is no reason to believe that motor vehicle accident victims will have a different prognosis.  In fact, research into motor vehicle collision victims with PTSD shows clear potential for a lengthy, disabling condition.  Of note, the research into auto collision caused PTSD found no evidence of malingering in these victims.

There are currently four different types of treatment for PTSD patients.  One, in particular, has been shown to significantly reduce PTSD symptoms.  This treatment, called eye movement desensitization and reprocessing, uses eye movement while thinking or talking about the trauma.  Because this treatment is relatively new, there are not many practitioners in the Kansas City metropolitan area administering this treatment.

If you or a loved one have suffered Post Traumatic Stress Disorder as a result of an auto collision and would like more information about this condition or the personal injury claims process, you can request a copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike at 913-789-7477 to request a free consultation.