Concern in the medical community as defective transvaginal mesh devices are on the rise

Transvaginal mesh is a type of medical device that is used to treat Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI), both are conditions that commonly occur after childbirth and pregnancy. The transvaginal mesh/sling device is surgically implanted to treat these conditions.

The Food and Drug Administration (FDA) reported that over 1,000 incidents of potentially fatal complications have been associated with Transvaginal Mesh patches. Due to the rise in numbers of serious health issues associated with this device, in 2008 the FDA issued a public health notification warning the medical community of the problem.  The most common serious injury reported from defective Transvaginal Mesh patches is the puncture of the bladder, intestines and bowels, as well as blood vessels in and around the vaginal wall.

Shipman & Wright is currently accepting cases of those who have suffered complications resulting from transvaginal mesh/sling implants.  For further information please contact us to discuss your situation regarding the defective transvaginal mesh device.

In August of 2009, Shipman & Wright attorney, Jean Martin featured this issue on her InjuryBoard blog. view blog

Belgium man wakes up from 26 years in a misdiagnosed coma

In recent headlines, it was made public that 46 year old Rom Houben, of Brussels, Belgium “woke up” from a 23 year nightmare of being trapped in his paralysed body unable to respond but completely aware of what was going on around him.

Mr. Houben was involved in a car accident 26 years ago and up until 3 years ago he was thought to be in a vegetative state. New brain scanning technology discovered that not only was Mr. Houben’s brain functioning properly but it was almost operating normally the entire time. 


When hearing this story, a phrase comes to mind that I have heard people say in moments they don’t think people are listening, “ I feel like I am standing in a crowded room, screaming at the top of my lungs and no one can hear me.” I can only imagine that this is similar to how Mr. Houben felt for 26 years. While family and friends would talk to him thinking he was unable to understand, he was listening. He couldn’t laugh, cry, smile or even just respond to the family and friends that were with him for the past 26 years but he was listening.  Mr. Houben now communicates by using one finger to the touchscreen on his wheelchair.  He is now able to speak out after so many years of silence or as he describes it, "Powerlessness. Utter powerlessness." http://www.theglobeandmail.com/news/world/thought-to-be-in-a-23-year-coma-belgian-man-heard-everything/article1374846/


A new study was published by Dr. Steven Laureys, a neurologist at the University of Liege in Belgium, that Mr. Houben could be only one of many misdiagnosed coma cases in the world. The study states that up to 40% of cases labeled vegatative state, when examined more closely are found to have at least some brain activity. With this new finding they have found that some cases with consciousness can be treated and considerable progress is being made.

Stork Craft Cribs- The largest crib recall in U.S. history

After four infant fatalities and well over 100 injuries shared between the U.S. and Canada, the largest crib recall in U.S. history took place on November 23, 2009.  Government safety regulators say more than 2.1 million drop side cribs made by Stork Craft Manufacturing are being recalled.

The drop side feature, which is a side that moves up and down on a crib, was designed for parents to lift their child out of the crib more easily. These Stork Craft Cribs, 150,000 with the Fisher Price logo on it, are known to have had problems with their hardware or assembly mistakes by the crib owner.  If the drop side of the crib separates without being prompted the infant is at risk of getting their head caught between the mattress and the side railing.

Over 5 million cribs have been recalled over the past two years, by several different manufactures. With the recent crib recall the Consumer Product Safety Commission (CPSC) is considering banning all drop- down sides altogether.

For more information from the Consumer Product Safety Commission please visit http://www.cpsc.gov/cpscpub/prerel/prhtml10/10046.html 

A baseball bat company is being held responsible for injury due to their "failure to warn"

A recent case was just decided after 12 hours of deliberation by the jury. This case involves the death of a young baseball player from Miles City. He was a pitcher who was struck in the head by a ball that was hit. The family is suing on the grounds of “failure to warn.” They believe the bat company is at fault because they failed to provide appropriate warning labels on the bat. The basis of the argument was centralized on the reaction time allowed from contact to return. The contact to return time for this specific pitch was 378 milliseconds and the average time is 400 seconds. The jury found this in conjunction with the other evidence to be strong enough to find the bat company at fault for not providing enough warning for their product.

There is much discussion that this will be overturned once appealed. It is hard to believe without understanding all the evidence as to why the jury felt it necessary to find fault in the bat company when the product was used correctly and was operated for it’s purpose. There have been multiple comments made in regards to this decision that are all over the discussion boards. I am simply interested as to see how the appeal process goes.

Could the unemployment extension passed by Senate backfire in the efforts to better our economy?

The Senate passed without opposition a bill allowing for the extension of unemployment benefits for up to 20 weeks in states with 8.5percent and above. This has drastic effects for states like Georgia who have rates close to 10.1 percent. This allows them up to 99 weeks of benefits. With the common knowledge of 52 weeks in a year this is almost 2 years of benefits for someone who is claiming unemployment.  Included in this bill, the Senate added an extension on the 8,000-tax cut for first time house buyers and 6,500 for “move up” buyers. These both had great intentions to boast the overall position of the economy, but the predicated outcome is controversial.

On one hand it is clear that the tax break for buying houses encourages aggregate spending and demand. It gives an incentive for people to buy and we all know that buying helps the economy grow.  Thus causing constant economic activity and will have a positive on the overall wealth of the nation.  On the other hand the unemployment extension raises some eyebrows. With in reason one can question that some may take advantage of the unemployment extension treating it as “paid vacation” until times runs out and the check stops automatically rolling in.  The unemployment extension could very easily backfire by delaying the sense of urgency one has when having to search for another steady job to make ends meet.

Auction Rate Securities

This is a great post on Injury Board written by Jean Martin about Auction Rate Securities.

Wells Fargo To Buy Back Auction Rate Securities in Settlement

Ovarian cancer going undiagnosed because “red flag” symptoms are not properly investigated

Previously known as the “silent killer” ovarian cancer can go undiagnosed for months because the symptoms are not being investigated quickly enough.  This delay in diagnosis is the part of the reason that ovarian cancer causes more deaths than any other gynecological cancer.

 A study performed by the University of Bristol research team identified 7 symptoms that could indicate ovarian cancer in women.  Out of those 7 symptoms there were 3 “red flag” symptoms that should prompt further investigation.  Abdominal distension, urinary frequency and abdominal pain are the red flag symptoms thus making ovarian cancer not “silent,” just overlooked.

 For more on ovarian cancer and the story of a women who lost her life because of negligent doctors and their failure to diagnose visit:

http://wilmington.injuryboard.com/medical-malpractice/delay-in-diagnosis-failure-to-timely-diagnose-ovarian-cancer-leads-to-death-of-young-mother.aspx?googleid=274622

High numbers in injuries resulting from medication errors cause the FDA to take action

Statistics report that hospital, doctor offices and healthcare clinics average to about 4 million visits a year are due to intentional and unintentional drug overdose.  Approximately 100,000 of those result in hospitalizations and its estimated up to half of those could be prevented.  Dr. Margaret A. Hamburg, the agency commissioner has been reported saying, “ too many people suffer unnecessary injuries from avoidable medication misuse and because of this the FDA is launching the Safe Use Initiative to develop targeted solutions for reducing these injuries.”

To ensure safer use, the FDA has released new guidelines for companies that make or distribute over-the-counter medications.  The guidelines include that medications come with dose delivery devices such as spoons, cups or droppers.  The new dosage guidance is to aid in the confusion about how much of the drug an individual is to take, resulting in fewer accidental overdoses.  

Breaking Open the iPhone-Hackers Attack, Consumers at Risk

With the advent of the now world-famous phenomenon called the iPhone, a counter-culture was produced, with intentions of unlocking what the multi-billion dollar company, Apple, has worked to solely possess. In an article on CNN.com entitled, ‘Apple battles ‘jailbreakers’ over iPhone control,’ George Hotz who is an expert hacker of the iPhone by the age of 17 personifies this culture. Over the past 3 generations of the iPhone, Hotz has become an expert at cracking each new version iPhone so that he is able to do things that Apple never intended for the phone. He even has created his own hacker software, Blackra1N that can hack and unlock the iPhone in just two minutes, allowing any person with any server to use the phone. Some believe that it is Apple’s fault for signing a deal with AT&T and making it necessarily impossible for people with other providers to have an iPhone.

 Regardless, the issues that arise are numerous. Are companies constantly faced with copyright issues and the protection of their International Property Rights despite its constant monitoring in legislation, due to the huge influx in technological advancement? Are consumers constantly left apart from corporate interests when they intentionally make agreements that guarantee their own profit and force consumers to change as a result (as the Apple and AT&T agreement has done to Verizon, Sprint, and other users)? Should people be held responsible for having the capacity to “jailbreak” these types of programs? 

Swine Flu Vaccine Evaluation

After the 27 million doses of the swine flu vaccine make their way across the country and into the immune systems of Americans, independent health advisers will begin to monitor the outcome. This group is a specially appointed working group that is part of the National Vaccine Program office.  They are interested in seeing the outcome of so many people taking this vaccine. They know there is always the possibility of side effects with any vaccine. There is no such thing as a 100% safe vaccine, but the reason people still take them and the Center for Disease Control encourages people to take them is because the benefits far out way the risks. WebMD discuss some of the small side effects including a sore arm, headache, and a small fever, but each of these are a small percent of those who receive the vaccine and these symptoms do not often last long after the initial vaccine. Serious side effects are very slim including the 1 in million chance of having neurological damage. With these possibilities unlikely but apparent the CDC does not want normal diseases rates to be influenced by those caused by a vaccine these include 2,500 miscarriages that occur daily in the U.S. and 3,000 heart attacks, as reported by the The Lancet, British medical journal. No one is really able to know if these are due to vaccination or if they would have occurred despite the individual being vaccinated.
So what do we has citizens and consumers of this vaccine have on our side as protection if something goes wrong? Well the 2006 Public Readiness and Emergency Preparedness ACT (PREP ACT) has issued protection for vaccine manufactures and health officials, but in response congress enacted the Vaccine Injury Compensation Program (VCIP) in conjunction with the National Childhood Vaccine Injury Act of 1986 to help children and their families who are injured due to vaccinations. This is a no fault means alternative for compensation that some families find helpful. If you need advice about taking these actions you can always get helpful advice with your local attorney’s office.

http://www.webmd.com/cold-and-flu/features/is-the-h1n1-swine-flu-vaccine-safe
http://www.hrsa.gov/Vaccinecompensation/

Obtaining Your Medical Records May Cost You

Medical issues, even if covered by insurance can add up to be a very costly matter and the same goes with legal representation.  In some cases medical situations are coupled with or followed by someone needing legal assistance.  Not only do you pay for the initial medical procedure cost, medication cost, and hospital or doctor visits but there is an additional fee charged for searching, handling, copying, and mailing medical records to the patient or in some cases, the patients designated representative. This fee often varies between each hospital and is regulated differently in every state. Each state has a statue that will describe what the maximum fee charged and what records are associated.
It is important to be aware that a charge will be applied when obtaining your medical records.  Especially in today’s economy, getting caught off guard by extra charges, even small ones, can make a big difference.     Stay educated about the fee that is associated with your state so you know if your hospital has made a mistake when they charge you, there have been cases in the past where this has happened.
On top of expecting a fee for your documented medical history, you should also expect a little bit of a wait before you actually receive the records.   For this reason it is always a good idea to know your medical status: this includes knowing your illness and which medication you are being prescribed and a timeline of illnesses and treatment. If you have a hard time retaining this information it would be a good idea to have your own personal copy of your medical records in case of an emergency.

To look up a specific statue and fee guideline for your state check out the link below for Lamb Law Firm: http://www.lamblawoffice.com/medical-records-copying-charges.html
To acquire your medical records you can talk to your main hospital and they should be able to help. If you have any trouble checks out this site to get some further information:
http://patients.about.com/od/yourmedicalrecords/a/getmedrecords.htm

Medical Device Safety Act 2009- Congress Still Considering Bill

The Medical Device Safety Act of 2009 would allow plaintiffs to move forward against manufacturers. Patients seeking healthcare deserve to be made fully aware of the benefits and the risks of medical devices. If Congress passes this bill, the companies that make medical devices will be held accountable if the message is not clearly conveyed.

Although several hearings have been held as Congress is considering the bill, the bill has not yet gone up for a vote, mainly because of the time spent on the current healthcare reform debates.  But we need for our senators and congressional representatives to know that this legislation is vitally important to protect the rights of those harmed by defective medical devices. To ensure that protection, the bill must be passed.  We are asking you to call or email your U.S. house representative and our two U.S. senators and urge them to vote for the passage of the Medical Device Safety Act of 2009.  Share the stories of how you have been harmed by a defective medical device so that they can understand the true human impact of this bill. It needs to be understood that defective medical devices cause injury in every state and the victims rights to seek compensation needs the protection afforded by this legislation.

Implementing this legislation now will alleviate the possibility of being unprotected if you are injured in result to faulty equipment. It would be in your best interest to let your representatives and Senators know that you want this passed.

Andrea D. Townsend, NCCP

Shipman & Wright, L.L.P.

The Stupak Amendment- Insurance Claims Become Pro-Life

A new amendment was passed Saturday. The Stupak Amendment which Newsweek is quoted saying, “the amendment aims to prevent federal funds from being used to procure abortions, following current federal policy that bans Medicaid from offering elective abortions.” The article continues on saying that on most insurance claims it is almost impossible to separate federal funds and private funds. This will make it difficult to file an insurance claim to fund an abortion procedure.
It can only be speculated as to how this will affect many areas of society including the overall abortion rates, and crime rates.
By essentially making it harder to fund an abortion it should ultimately lessen the demand. As discussed in the novel “Freakanomics” economist have collected data and run analysis relating crime rates and abortion rates around 1973 when Roe v Wade was decided. There is data correlation to support the idea that the legalization of abortion lowered crimes rates. If this theory is upheld then with a lower demand to have an abortion we should see a rise in crime rates.  This will ultimately have a large effect on the overall being of our society, and in it self is kind of ironic. The main argument for pro-life supporters is to save a life, but if the correlation is true are we just endangering the lives of others?


http://blog.newsweek.com/blogs/thegaggle/archive/2009/11/10/will-liberals-draw-the-line-on-abortion-probably-not.aspx

Susan Galinis Speaks Out- Bay Area Woman Sues Yaz Birth Control

Susan Galinis speaks out in efforts to warn other women who may be at risk due to taking Yaz birth control.  Like many other cases that have recently surfaced, Susan suffered a stroke only a month after she started taking Yaz.  Susan's life will never be the same.

Yaz Birth Control- New Study Reveals Risk of Blood Clots and Other Complications in Result of Taking Pill

Yaz birth control pills have been associated with high risk of blood clots.  These pills are marketed to the younger population.  A young lady recently contacted our firm because she has developed DVT (deep vein thrombosis – blood clot deep in the leg) after taking Yaz for 2 months – she had no problems on previous birth control pills.  These pills are marketed to the younger population.  It is unheard of to have 20-30 year olds developing blood clots.

http://wilmington.injuryboard.com/fda-and-prescription-drugs/new-study-shows-yaz-birth-control-pill-carries-greater-risk-of-blood-clots.aspx?googleid=270002

New Rules for Mortgage Lending in NC??

Interesting article in the Greater Wilmington Business Journal about proposed new rules in mortgage lending. Though it is aimed primarily at residential mortgages, from the trend we have seen in our office, it looks like there could be forthcoming legislation on the commercial lending side as well

One of the new rules would require mortgage lenders to provide a comparison between the proposed loan offer and a standard 30-year fixed rate mortgage loan early on. "A problem we’ve had in the last decade is [borrowers are] not necessarily aware of what kind of loan or risk they are entering," Pearce said.

Greater Wilmington Business Journal Article

Click Here for North Carolina Commissioner of Banks

The Department of Justice sets precedent for Museums to become more inclusive and accessible for persons with disabilities

A recent decision from the Department of Justice will set precedent with their interpretation of the “Americans with Disability Act of 1990” to expand how Museums cater to the visually impaired. This will mean more then the usual handrails, bathroom room adjustments, and pamphlets. They are urging Museums to make adjustments so that the visually impaired patrons can be entertained from the entire Museum experience.  This idea was presented when a patron filed a complaint following their visit to the Spy Museum in Washington, DC. The DC Spy Museum later settled a four-year investigation, and has already started renovations to improve the accessibility for their Blind patrons with 400,000-dollar adjustments. 

Several other Museums are already doing above average efforts to meet the same standards. The precedent set by this decision will be one that will effect many organizations and business in the future.

http://www.newsweek.com/id/219112

Its a good idea to show up to court when ...

 ...the plaintiffs are seeking over $1B in damages

Law.com Article