Driver Knowledge expands on these facts, sharing that more than nine people are killed in an accident associated with distracted driving daily. Additionally, 33% of accidents are due to reckless driving, 30% are from speeding, and despite plenty of information regarding the risks, 40% are still due to alcohol.

Data from a decade-old article in Forbes suggest a person can expect to be in a car accident every 18 years. However, this average is likely on the light side, as the pandemic brought an increase of 8% in traffic accidents compared with previous years and a shocking 24% increase in deaths associated with car accidents. An increase that high had not been recorded since 1923.

Numbers speak, and these unquestionably state the likelihood of getting in an accident is nearly unavoidable. Knowing how to handle a car accident claim is as frivolous as wearing a raincoat in a spring shower. In other words, it’s not mandated, but unless you love being drenched, you’ll be thankful for it.

What is a car accident claim?

A car accident claim is when a driver files for financial compensation from an insurance company for the damage to his car or himself due to a car accident. Like most insurance claims, each state has its own innuendos, as well as statutes of limitations. To navigate your state’s car insurance claim laws, seek an expert or lawyer in this field. If your accident is severe, you will want legal representation.

Insurance companies often convince car accident victims representation is unnecessary. However, these companies are doing what is best for them, not for you, and have their own lawyers working for them. 

Car accident lawyers understand the tactics of insurance companies and work to get the most from your claim. They are skilled in exploring potential impacts such as future medical bills and lost wages.

What type of claim is a car accident

A car accident claim is generally filed in one of two ways: personal injury or property damage. If the accident led to death, the claim could be categorized under wrongful death.

Property Damage Claim

With a property damage claim, the focus is repairing or replacing the vehicle. Do not assume just because it looks like a fender bender, the damage is mild. A qualified mechanic can identify issues which may cause further problems down the road.

During a property damage claim, a mechanic estimates the damage and cost to repair the car. Depending on this number, the insurance company either pays out the damages or declares the vehicle totaled and adjusts the amount to the car’s worth.  

Aside from the car itself, there are additional costs tied to a property damage claim.  If a rental car is needed, you could receive compensation for your car rental. This option is beneficial if the repair will take some time and you have no other method to keep up with your daily life expectations, such as child care or daily work commute. Keep in mind such allowances are typically short-lived so ensure you understand the limitations of your rental.

Additional items such as car seats, cell phones, or laptops may be damaged during the accident. With car seats, many brands require a replacement after even a minor accident and can be paid out in your claim. Electronics are nearly always with us in our day-to-day life, meaning the impact of a car wreck could break them. With expensive equipment, the chances are higher you will receive some compensation should this happen.

Personal Injury Claim

A personal injury claim is filed when the damage happens to you and not just your vehicle. In this type of claim, you must show the accident itself caused your injury. 

Imagine you were in a car accident and transported to the hospital where they performed surgery. During surgery, the doctors injure you unintentionally. This injury was caused by medical negligence and not by the car accident. Some of the following are examples of personal injury claims arising due to car accidents:

• Ambulance/transportation expenses – a ride to a hospital can add an exorbitant amount to your medical bills.
• Medical expenses at the hospital – when you arrive at the hospital, you may be met with x-rays, scans, or other tests, as well as treatment options. 
• Continued medical treatment – with certain conditions, you may need continued medical care, long term stays, physical therapy, or surgery.
• Long-term care – permanent or significant injuries may require long-term care, nursing care, or a caregiver for help with daily tasks and medical assistance
• Medical equipment and house renovations – in extreme cases, your injury may involve changes in housing layouts to allow for ramps, mobility assists, safety bars, or other necessary features. 
• Lost wages or earning potential – major injuries will often temporarily prevent people from completing previous work tasks such as desk jobs with brain injury or manual labor jobs with bodily injury. These lost wages are included in personal injury claims.
• Funeral and burial expenses – when a car accident causes a death, the family may file a claim to recover funeral and burial expenses, as well as funds for loss of companionship or an individual’s support.

What should I do after a car accident?

As soon as you are in a car accident, determine if you are in a dangerous location. If so, move your car to a safe spot. If someone needs emergency assistance, call 911 immediately. Stay on the scene and ensure everyone is medically sound.

After you have determined the scene and everyone involved is safe, gather information. It is easy to forget details later on or be confused about what happened. Writing down information now will ensure that it will be easier to recall when you work with your lawyer and insurance company.

Despite what the other driver is saying, avoid giving or taking blame. Instead, pull out a camera or your phone and take pictures of the scene, the car, license plates, other drivers, all damage to vehicles – yours and theirs. Make sure your pictures show all traffic signs, perspectives of directions the cars were going or are now facing, and anything else that may be important later in your case.

Most importantly, make sure to exchange information. Record names, phone numbers, and insurance information. Write down the year, make, model, and color of the car.

Finally, take notes on what happened. Describe the speed you were traveling, the location, what the weather and road conditions were during the wreck when the police arrived, and the names and badge numbers of the police. If any witnesses saw what happened, gather their names and contact information for later.

You may hesitate to call the police. However, this is an essential step in the process and most states require you to do so. Some even attach penalties for not doing so. The police report is one of the critical details insurance companies use in assessing the case.

Is a claim filed under my insurance or theirs?

When claims are straightforward, it seems logical to call the insurance company. For example, if you are sitting at a stoplight and someone rear-ends you after they reached down to grab their cell phone, it is pretty cut and dry. You call their insurance company, right?  Think again.

Insurance companies deliver a false sense of security to callers. They paint a picture of promised help while taking a recorded statement and asking questions leading to a confession of negligence. Often they convince the caller that soliciting the help of a lawyer will actually hurt them, slow down the process, and return less compensation than if they just work with the insurance company. This is often not true but is delivered well by a well-trained voice on the other end of the line.

Some states are “no-fault” states meaning despite if it was your fault or someone else’s, your insurance company covers you up to a certain dollar amount.  This insurance payout includes your property damages, loss of income, medical expenses, and other related costs to the degree of your coverage.

Knowing where the line falls for coverage and how to navigate the law is confusing and overwhelming, especially if you are in pain or dealing with an angry individual claiming innocence. An experienced lawyer knows what you need to do to file your claim, the statutes of limitations, and whose insurance company to file.

How do I file a car accident claim against an uninsured driver?

Being hit by a driver without insurance is the most unideal situation. Not just is your car a mess, and you may be in pain, but above that, you are left wondering how you will be able to fix the damage done to you and your car.  Now what? Are you expected to pay the bill?

Despite every state requiring drivers carry insurance, many drive without it. Luckily insurance companies supply drivers with underinsured or uninsured motorist coverage. This coverage provides liability insurance, while your collision coverage pays for your car’s damage.

Those without insurance who cause a wreck put themselves at risk for paying out of pocket for damages and medical expenses. Further, they could be personally sued, ticketed, or even face jail time. When the time comes for them to purchase insurance, they could face a higher premium due to their choice of driving without insurance.

What is the process for a car accident lawsuit?

After working with an attorney for a car accident claim, determine if you will pursue a lawsuit. If this is the route you decide to take, it helps to know the basics of car accident lawsuits.

Pre-Litigation Negotiation

Pre-litigation is the opportunity to reach an agreement before a lawsuit is filed. Your legal representative meets with their insurer to determine fair compensation for the accident.  If this can be agreed upon, no lawsuit needs to follow. This option may avoid a lengthy process.

No-Fault Insurance States

For states with no-fault insurance laws, a driver’s personal insurance company pays out for damages. Insurance companies can refuse to pay. In fact, they almost never payout for personal damages except for uninsured motorists situations. When this happens, an individual may need to sue the insurance company. 

There are a few ways a lawsuit can be stopped from being filed against the insurance company. One way is if the medical expenses associated with an accident do not pass a threshold. The other is if the injury was not severe enough. Some states require both thresholds to be met.

Negligence

When your state is a no-fault state, showing negligence is one of the top ways car accident lawsuits proceed. Essentially, when operating a vehicle, the driver has a responsibility to act appropriately, abstain from driving under the influence or distracted, and maintain other reasonable expectations of a driver. Any injury resulting from their lack of such actions is negligence.

Some states counter this with what is called contributory and comparative negligence. In other words, when both parties act negligent, it could reduce or limit the amount owed by the responsible party. There are only a couple of contributory negligence states in the country. With contributory negligence, even 1% of negligence on the part of the plaintiff bars all claims other than those allowed via the no-fault statute of that state. Comparative negligence is a percentage to be determined; however, the party with greater than 50% of the negligence is barred from all third-party claims.

Contact The Hayes Firm for Car Accident Claims

Fighting a legal battle is not on anyone’s list of fun summer activities. When in pain and dealing with the loss of transportation, taking on insurance companies can quickly turn into a nightmare.

The Hayes Firm is here to help. Our team matches your case with lawyers experienced in fighting insurance companies. A car accident is terrifying in and of itself, let alone adding the stress of car accident claims. Let us get you the compensation you need so you can get back in the driver’s seat. 

Contact us today. 

The post Car Accident? We are here to help. appeared first on Dream Legal Team.

Most personal injury cases never go to court. It is estimated around 95% of the personal injury cases are settled pretrial likely due to the length of time these types of trials take. Of the 5% that make it to court, only about 10% of them are won, and they fair better when presenting to a trial judge as opposed to a jury.

Grounds for Personal Injury Claims

Negligence

The most abundant reason for a personal injury claim is negligence. Negligence is when the injury occurred because of the carelessness or recklessness of the defendant. The expectation is a person should have conducted themselves with a certain degree of care. For example, a doctor should not drop tools in the person he is operating on, or a lifeguard should not be asleep while guarding. When an injury occurs because of this missed expectation, it is negligence.

Strict Liability

Strict liability means the defendant is liable for the injury despite the mental state or the intent of the defendant. In some cases, this may involve animals who have never been violent in the past. This liability could also be tied to a defective product or a drug. These types of situations do not have to have negligence to be grounds for personal injury claims.

Intentional Wrongs

When an intentional act causes an injury, it is an intentional wrong. These types of torts come in the way of battery, assault, false imprisonment, trespassing, and intentional inflection of emotional distress.

Negligence in Personal Injury Lawsuits

Negligence implies that the injury would not have occurred if the person accused of causing the injury had responded in an expected and reasonable manner. First, lawyers must establish a duty of care was expected. After this, the injured or representatives show the defendant did not meet the expected standard of care, or in other words, the duty of care was breached. Finally, real injuries must have resulted from these actions.

Truck drivers

Truck drivers work long hours with demands pushing the rules in place to keep them safe. Risk factors unique to this profession move the long-haulers into a category higher at risk of accidents. Whether the reason is due to driving recklessly in adverse weather conditions, being under the influence, driving drowsy or distracted, or poor hiring and training practices, the life-changing impacts of an accident with a truck driver fall into the category of personal injury.

Dog bites from a known dangerous animal

Dog bites can happen from the best of dogs. Still, when a person is aware their pet has either bitten in the past or knows the animal is hostile, they could be negligent. The same goes for if they let their dog off a leash knowing the dog shows aggressive tendencies. With around 800,000 dog bites a year, lawyers are ready to take on insurance companies to ensure their clients are compensated for injuries sustained from an animal.

Car accidents

Although the vast amount of personal injury cases are settled outside of court, 57% of the car accident cases that go to trial favor the plaintiff. Most would rather settle than go to court due to the expedited nature of settlements and the ability to control more of the settlement amount. Car accidents can be due to an unlimited number of factors, including recklessness, road rage, or alcohol. A negligence claim covers the various ways a car driver may have caused a personal injury.

Medical malpractice

Medical malpractice occurs when a doctor, hospital, or healthcare professional’s diagnosis, treatment, aftercare, or health management error causes injury. Birth injuries are a division of medical malpractice. To be classified as medical malpractice, the following four items must be proven:

1. A professional duty was owed to the patient
2. There was a breach of such duty
3. An injury was caused because of this breach
4. There are damages resulting from such breach

Defective products

In some situations, a product causes the injury. This situation is not solely limited to the medical profession. A tree stand‘s failure to perform to standard can cause an injury. Despite if it is a case of a poorly designed knee replacement implant, a defective e-cigarette design, or harmful medication or birth control, a product with a flaw that should have been caught falls under the category of negligence.

Strict Liability in Personal Injury Lawsuits

Strict liability is when there is not necessarily negligence causing an injury, nor is it derived from a person’s bad judgment or intentional intent. Instead, when a person or their product causes an injury, even when they did not mean it to happen, it is strict liability. There are generally three types of strict liability cases: defective products, wild animals, and abnormally dangerous activities.

Defective Products

With defective products, a person must show a product contained the defect when it left the manufacturer. The product must have been used in the method described and not outside the realm of reasonable use. For example, if a hairdryer catches hair on fire while holding it at a reasonable distance from the hair, it likely is a defective product. However, if the hair catches fire because you are placing your hair directly on the hairdryer itself, that is user error.

Wild Animals

Wild animals are sometimes used for entertainment or personal enjoyment. When the animal injures another person, the individual that owns, transported, or kept the animal can be held liable. It does not necessarily matter if the owner tried to keep the animal contained, nor if the animal’s reaction is normal for it. For example, if someone owns a pet lion that mauls their friend when visiting, attacking may be normal behavior of the lion, and therefore, the owner would be held liable.

Abnormally dangerous activities

When an activity is innately dangerous, there is a risk involved despite steps to prevent injury. Examples of these are storing chemicals or making explosives, sewage accumulation, flammable liquids, and toxic fumes.

To determine if a situation is considered an abnormally dangerous activity, six factors are examined:

1. Does the activity hold a high degree of risk? 
2. What is the level of the risk?
3. Can the risk be eliminated with reasonable care?
4. Is the activity a matter of common usage?
5. Should the activity be performed in the place it was carried out?
6. What is the value of this activity to the community?

With an abnormally dangerous activity, the court must look at if the defendant’s lack of safety precautions caused the injury, the degree of futility in the attempt to rid the activity of risk, and finally, if the defendant’s handling of the substances caused the injury. 

Intentional Wrongs in Personal Injury Lawsuits

Intentional wrongs are exactly what they sound like: intended acts that create an injury, wrongful death, or an offense. These can also be a threat of a future act of harm. The most commons rebuttals to an intentional wrong claim are the defendant either acted in self-defense or was given permission for his or her actions. Intentional wrongs include:

• Battery – Battery is nearly any type of contact that can be deemed harmful or offensive. An injury does not need to occur. Nursing home abuse often is filed under battery or assault.
• Assault – Unlike battery, assault is the act that places the plaintiff in understandable fear of harm. An example of this would be if the defendant pointed a gun at the plaintiff.
• False Imprisonment – When the defendant restrains the plaintiff’s movement, physically or constructively, with no legal right to do so, this is considered false imprisonment. 
• Trespassing – Trespassing occurs when a person enters another’s property unlawfully.

The Hayes Firm Can Help

With varying state laws and statutes of limitations mixed with the confusion of navigating the law, there is no reason to fight alone. You are likely already attempting to manage the psychological and physical fallouts of a personal injury. Let us help with the rest.

The Hayes Firm listens to your case and pairs you up with the most qualified lawyers for your situation. Don’t question if your lawyer has handled this type of case before. With us, you know that you are receiving an expert in the field. 

Personal injuries take a toll; the legal aspect of obtaining the compensation you deserve does not need to. We are here to help. Contact The Hayes Firm today.

The post Personal Injury Claims appeared first on Dream Legal Team.

According to a report published on PubMed.Gov, the rate of birth injury is decreasing. With these advances, in 2012, the rate of birth injuries still stood at 1.9 per 1000 live births. Many other reports show a higher frequency at 7-10 injuries per 1000. PubMed.Gov indicated that the frequency of forceps and vacuum-assisted deliveries has also decreased in the last thirty years. 

The United States sees approximately 4 million babies born a year. Using the rate of 1.9/1000, this would come to around 7,600 potential birth injuries a year. Some injuries are unpreventable, but the birth trauma rate reduced recently. Combining this information with a connection to the methods used in delivery, one questions if a child’s birth injury is avoidable.

What is a birth injury?

A birth injury or birth trauma is when an injury occurs during the birthing process. Both the mother and the infant are susceptible to birth injuries, although the term generally refers to an infant’s injury. A birth injury is not the same as a birth defect, or abnormality due to genetic wiring or predisposition.

There is a myriad of complications that could arise during labor and delivery. Most of the birth injuries are a direct result of these complications. Generally speaking, doctors and medical professionals have received extensive training and work diligently to prevent any such complications from arising. In some unfortunate situations, the birth injury could have been avoided and is a result of negligence.

Why do birth injuries occur?

Often birth injuries or birthing complications are unpredictable; however, some factors increase the risk of birth trauma and injury. While the presence of one of these factors does not guarantee a birth injury, statistically speaking, it does yield a higher chance.

Mother and baby’s size

When the baby is particularly large, or the mother is small or has narrow hips, there is an obvious risk of complications. In 10% of pregnancies, fetal macrosomia, or an overly large baby for its gestational age, occurs. Fetal macrosomia is when the baby weighs over 8 lbs 13 oz. This largeness can create a situation in which the baby is too big to pass through the birthing canal. In other cases, the mom’s birth canal may be too small, or her pelvis may be misshapen, causing the baby to get stuck.

Another situation from fetal macrosomia is shoulder dystocia, or when the baby’s head passes through but the shoulders get stuck. Risks due to shoulder dystocia include fractures in the collarbone or upper arms, nerve damage, brain damage, or even death in rare cases. The mother is not free from the risk of injury, including ruptures and tears, and heavy bleeding.

Cephalopelvic Disproportion (CPD) occurs when the infant’s head is too large to pass through the mother’s hips. The condition is not common, affecting 1 in every 250 deliveries. In many cases, the baby is delivered through a cesarean section once CPD is established. 

Despite the reason behind the mismatch of baby’s size and birthing canal, when a baby cannot pass through properly, there is a risk of cutting off the oxygen supply to the infant. Should this happen, doctors often attempt to remove the baby using forceps or a vacuum extractor pump. Misuse of these instruments can cause birth injury, leading to negligence claims.

Preeclampsia or maternal infections

Toward the end of pregnancy, some women develop high blood pressure that quickly worsens. Preeclampsia afflicts about 9% of all pregnancies. Babies born to a mother experiencing preeclampsia find themselves at higher risk for brain damage or other oxygen deprivation injuries. 

Maternal infections operate at much the same notion. If there is an infection during childbirth, there is a higher chance the child will have an issue with the placental or fetal membranes. This issue can, in turn, cause severe changes to the oxygen supply. A situation where the infant has a decreased supply of oxygen can result in injuries such as cerebral palsy.

Abnormal positioning

Babies are supposed to exit the mom head-first. Sometimes though, the babies don’t turn or are positioned awkwardly. Other times, the umbilical cord wraps around the neck. These positions lead to complications with the birth. Due to positioning, the baby may lack oxygen, opening up potential birth injury.

Gestational diabetes

Gestational diabetes occurs during pregnancy, and so far, researchers do not know why it transpires. During this time, pregnant women have a much harder time processing sugar. The babies of women with gestational diabetes are at increased risk for dystocia and macrosomic babies. Brachial plexus trauma, an injury to the nerves that allow signals to travel from the spinal cord to the arm and shoulder, becomes more common.

Pitocin and epidurals

With natural birth, the body releases oxytocin. This hormone triggers the uterus to begin contractions. When labor is induced, doctors administer Pitocin to deliver the same result. 

The issue comes when the body over-responds to the Pitocin. The uterus responds with an abundance of contractions, both too intense and frequent. The result is a risk of decreased oxygen for the baby and a chance of pushing the infant through the birth canal too quickly. Low oxygen increases the likelihood of birth injuries such as cerebral palsy, brain damage, or death.

Epidurals are when a needle is essentially taped to the epidural space around the spine. Through this needle, the mother receives numbing medication, so the lower half of the body is not felt. 

While the epidural itself is safe, the danger falls when the body is so numb the mother is incapable of pushing the baby out. Time extends, creating stress on the baby and an increased chance of oxygen deprivation. If the pushing phase takes too long or the mother becomes too exhausted to continue, doctors may use forceps or a vacuum, increasing the chance of birth injury.

Birth injury statistics

Many statistics on birth injuries are outdated. Even newer articles quote statistics found over a decade ago. Articles often post old statistics, because frankly, the search to find updated information is equivalent to searching for water in a desert. 

In the last decade, advancements in technology allow for the recognition of potential issues. In turn, the use of forceps and vacuum usage decreased, resulting in fewer birth injuries. 

• 15 in 1000: the number of clavicular fractures in live birth. Clavicle fractures represent the most common bone fracture taking place during delivery.
• 10 in 1000: the number of facial nerve injuries; a type of cranial nerve injury and is often due to the use of forceps or the shape of the mother’s pelvis.
• 2.5 in 1000: the number of brachial plexus injuries during live births. Macrosomia, shoulder dystocia, difficult delivery, and breech position all increase the risk of brachial plexus injuries.
• 5.9 in 1000: number of subgaleal hemorrhages due to vacuum-assisted deliveries. 60 times more likely for an infant to have a subgaleal hemorrhage when using a vacuum-assisted extraction than any other type of assistance.
• .4 in 1000: number of subgaleal hemorrhages due to vaginal deliveries.
• 2.5%:the percentage of deliveries resulting in cephalohematoma. Cephalohematoma is generally a minor condition but increases its risk of occurring with the use of forceps and a vacuum.
• 3%: the percentage of accidental soft tissue lacerations occurring during cesarean sections; more common in emergency deliveries versus scheduled deliveries.
• 1 to 4 in every 1,000: number of live births worldwide resulting in cerebral palsy. 3 in 1000 US children identified as having cerebral palsy.
• 7%: the percentage of birth injuries diagnosed in the first year of life.
• 14%: the additional percentage of birth injuries diagnosed once the child is school-aged.
• 1.9 in 1000: the ratio for birth trauma injuries as of 2013, falling from 2.6 in 1000 in 2004.

Most common birth injuries

According to Stanford Children’s and the University of Rochester’s Medical Center, the most common birth injuries are as follows: bruising or swelling of the head, bleeding underneath the top portion of the skull (cranial bone), small blood vessels breaking in the baby’s eyes, injuries to the facial nerves or facial paralysis, damage to nerves linked to arms and hands, and collarbone fractures. 

Columbus, Ohio’s Chamber of Commerce includes Cerebral Palsy as a common birthing injury. The site also specifies Hypoxic Ischemic Encephalopathy (HIE), or oxygen deprivation due to an extended period in the birthing canal or lack of monitoring, as frequent birth trauma. 

Most birth injuries are minor such as scratching and bruising. Some are unfortunate byproducts of an unexpectedly complicated birth. When the birth injury results from negligence, a lawyer’s help is needed to navigate the complex waters of pursuing justice for what should never have been.

Birth Injury Cases

In 2019, Coverys released a report analyzing 470 claims from 2013-2017 involving pregnancy, postpartum, and childbirth. They found negligence accounted for 40% of the claims. Between vaginal birth, cesarean sections, and emergency cesarean sections, vaginal births produced the most claims at 52%. They classified the injuries into three categories: neurological or brain damage (41%), shoulder injuries (37%), and death or stillbirth (34%).

80% of the claims were for severe cases such as cerebral palsy, neonatal blindness, hearing impairment, and loss of fertility for the mother. 58% of the claims proved to display a known risk factor such as diabetes, obesity, or high blood pressure. 

While these statistics are worth noting, proving a birth injury is difficult. Parents assume the damage was entirely unavoidable or do not believe they have enough information to prove their case. Picturing a medical malpractice claim, let alone navigating it, is unthinkable. This is where an experienced birth injury lawyer comes into play.

Four requirements of medical malpractice

• A professional duty was owed to the patient – this is the easiest of the four requirements to establish as the mother checks into the hospital to deliver her baby. At this point, a professional duty is set.
• There was a breach of such duty – this is where negligence comes into play. Sometimes the violation is a failure to test appropriately or to create a treatment plan without proper testing or consideration of the results. Other times it is giving incorrect medication or improper dosages or even not providing the treatment promptly.
• An injury was caused because of this breach – this is essentially stating the injury must be due directly to the negligence. It cannot simply be there was negligence or injury. The two must be connected. 
• There are damages resulting from such breach –  the most obvious of these being the medical damages or loss of income due to the injury. Pain and suffering, loss of enjoyment, and mental anguish are costs that do not have a concrete number attached, and the victim and family may still be owed this compensation.

Birth Injury Lawsuits

Birth injuries are a division of medical malpractice requiring a birth injury attorney versed in the intricacies of the field. They work to take your birth injury claim and build a case to prove that the birth injury resulted from negligence. After that, should you choose to pursue, the attorney will file the suit in a court of law.

The time frame of your lawsuits varies. Some may take just a few months, while others may drag for years. The lawyer must gather medical records, timelines, statements, and all the facts possible before starting. Depending on the intricacies of the case, it may take some time. 

Birth Injury Statute of Limitations

It is essential not to delay should you feel a birth injury occurred. Some states have statutes of limitations on birth injury lawsuits. Since not all birth injuries are at the actual birth, most states begin this time frame when the birth injury is discovered. If your time frame is close to running out, some lawyers will not take the case. To be sure, it is best to file right away.

Birth Injury Settlements

The advantages to settling out of court are time and quicker compensation. With something as heartwrenching as your child’s injury, a long, drawn-out process may be something too emotional to bear. Depending on the circumstances of the injury, it may simply not be possible. If your case requires a lengthy court case, by the time the case is complete, the potential compensation may be greatly reduced, if available at all. 

The Hayes Firm is here for you

Our firm is experienced in matching the right lawyers to the right clients. With a case as delicate as your child, it is imperative you find an attorney specialized in birth injury lawsuits. With proven track records of locating the right attorney for cases, you can rest assured we will fight for justice and the compensation you deserve.

Contact The Hayes Firm today. Time matters; don’t let yours run out.   

The post Birth Injury Overview – What You Need to Know appeared first on Dream Legal Team.

Medical malpractice is when a person suffers an injury due to a hospital, doctor, or healthcare professional’s negligence. This negligence could come in the form of errors in diagnosis, treatment, aftercare, or health management.

For the injury to be considered medical malpractice, the patient must show the physician acted with negligence, causing the injury. The legal elements which must be proven are:

• A professional duty was owed to the patient
• There was a breach of such duty
• An injury was caused because of this breach
• There are damages resulting from such breach

In the United States, medical malpractice lawsuits are not obscure. According to an article released by Medscape in 2020, nearly half of family practitioners reported being in at least one medical malpractice lawsuit. The same survey revealed that in 42% of cases filed against family physicians, the reason for the malpractice lawsuit was due to a failure or delay in diagnosis.

History of Medical Malpractice

The earliest traceable example of medical malpractice code is the Code of Hammurabi, a set of 282 laws developed during the reign of Hammurabi 1792–1750 BCE. This code established rules and standards for commercial interactions with punishments or fines set, literally, in stone. 

The code was carved into a four-ton slab of diorite and stands at seven feet and five inches. At the top of the stone is a two-and-a-half-foot carving of King Hammurabi receiving the law from the Shamash, the Babylonian god of justice. The rest of the carving is dedicated to the code.

The code is written as an “if-then” statement, heavily focused on the concept of “an eye for an eye.” For example, if a man steals an ox, he must pay back 30 times its value. If a doctor killed a wealthy patient, his hands would be cut off. If he killed a slave, financial compensation was required by the doctor.

Following the Norman conquest in 1066, English common law was established. Crimes perceived as wrong had consequences, and victims were compensated accordingly. Within the Court of Common Law and the Plea Rolls are records showing consequences for medical malpractice, also known as “unwholesome medicine.”

Early medical malpractice cases

1164: Everad v Hopkins: a case where a master and his servant received damages due to a physician practicing “unwholesome medicine,” resulting in the servant being made more ill.

1374: Stratton v Swanlond: Agnes of Stratton and her husband sued John Swanlond, a surgeon, for failing to treat and cure her mangled hand. The case was dismissed because of a procedural error but served as a standards foundation for exercising due care regarding the patient’s treatment. 

1532: During the reign of Holy Roman Emperor Charles V, law passed stating the opinion of medical men must be formally given in the cases of violent death. This concept eventually led to the requirement of expert testimony from a member of the profession during medical negligence claims.

1768: The Commentaries on the Laws of England passed, giving terms such as “mala praxis” for professional negligence. Mala praxis referred to a breaking of trust with the physician and led to the patient’s destruction. Malpractice is believed to be derived from the term mala praxis.

Medical malpractice in the United States

Five years after George Washington became president, America witnessed its first medical malpractice case. In 1794, a man sued after a doctor claimed he could operate on his wife skillfully. When the woman died as a result, her husband pressed charges and won the case. 

Following this case, the 19th century saw an uptick in cases claiming medical malpractice, increasing dramatically after 1835. Not every case involved death; the majority focused on fractures and dislocations. 

The American Medical Association was created in 1847, which set standards for medical training and education and a code for ethical medical practice. This association is still operating as the largest organization of physicians and medical students in the United States and continues to spearhead and advocate for health measures.

Early in the 20th century, associations and companies began to offer medical malpractice insurance. The Massachusetts Medical Society, founded in 1908, was one of the originating groups providing such insurance. While insurance protected physicians, they also felt they were more targeted for having insurance.

During this century, reforms passed thanks to high-profile cases. Courts published standards for medical malpractice awards in 1970’s following an uptick in cases. After seeing the vast amount of money given in a short time frame, states passed reform laws capping the amount of money awarded, including informed consent.

In 1984, Libby Zion was admitted to a New York hospital and given medication that did not mix with her antidepressant. As a result, she suffered a 107-degree fever and cardiac arrest, succumbing to her condition and losing her life. Her father claimed the workers were overworked and negligent, resulting in his daughter’s death. From this case, a limit of hours medical staff could work ensued, reforming the profession on a national level.

Today, medical malpractice claims are far from uncommon. Most physicians will face a medical malpractice claim by the time they are 65 years old. Some professions, such as physicians in surgical specialties, have an 80% chance of encountering a claim by the time they are 45 years. According to a 2016 article by NPR, John Hopkins released a statement stating death due to medical errors should be the number three cause of Americans’ deaths. With information like that, it is crucial to understand what qualifies as medical malpractice.

Characteristics of Medical Malpractice

For a claim to qualify as medical malpractice, it must have particular characteristics.

• A doctor-patient relationship
  In layman’s terms, the doctor must have been hired for care and actually treated the patient. As most patients go to a medical facility and bill insurance, this is not often a difficult task to prove. It is not enough to have overheard advice and experience an injury due to this advice
• Violation of the standard of care
  With the development and acceptance of reasonable expectations for the standard of care a patient receives, the law acknowledges the patient has a right to expect and count on the delivery of such standards. When these standards are not met, negligence may be established.
• Negligence caused the injury
  When a standard of care has been breached, negligence must also be proven. For negligence in terms of medical malpractice, each of the following must occur: duty, dereliction (departure from the standard of care), damages, direct cause.
  
  Essentially, if it was not for the negligence of the provider, the injury would not have happened. It is not enough to have sustained an injury. The injury must be due to negligence. This can often be difficult to prove in cases like cancer treatment. If the doctor provided treatment, the patient could still die from cancer, so it may be quite troublesome to prove negligence as the reason.
• Significant damages occurred due to the injury
  Because of the incredible amount of time and costs associated with a medical malpractice case, the injury must have resulted in the patient’s loss of income, extensive past and future medical bills, disability, or unusual pain, suffering, and hardship.

Examples of Medical Malpractice

The following is not meant to be a complete list; however, patients filed medical malpractice lawsuits in the following areas:

• Medical mistakes
• Misdiagnosis
• Failure to diagnose
• Failure to warn of possible risks of treatment
• Failure to order testing
• Symptom recognition failure
• Disregarding or misreading lab results or diagnostic tests
• Medication or anesthesia errors
• Inappropriate medication or inaccurate dosage
• Failure to collect patient history
• Unnecessary surgery or surgical errors
• Incorrect surgery or wrong-site surgery
• Surgical errors
• Emergency room errors
• Unacceptable or insufficient level of aftercare 
• Discharge from hospital too soon
• Brain injuries or brain damage
• Cerebral palsy

Specifics of Medical Malpractice Cases

Like most areas of the law, the innuendos of medical malpractice cases can vary from state to state.

Statute of limitations for medical malpractice lawsuits

This window differs depending on the state you live in, but most states require a medical malpractice lawsuit to be filed between six months and two years from the time of the injury or when the injury was first discovered.

Medical malpractice review panels

In some states, before moving forward with a lawsuit, it is required that a review panel examines the arguments, testimonies, and evidence. If they feel there was indeed negligence, the case can proceed. This panel does not judge the case nor give any compensation to the victims. It simply decides if the case can go to court. Sometimes courts use the findings of this panel to dismiss a case before it ever gets to court.

Notice of medical malpractice claim

Before ever filing a claim, some states require the patient to notify the doctor about the upcoming claim.

Expert testimony in medical malpractice lawsuits

In many cases, the review panels require expert testimony. Even if they do not, expert testimony is an essential part of a medical malpractice case. The few cases that do not need an expert are often riddled with an undeniable level of gross negligence, such as leaving an instrument inside a person after surgery.

An expert has specific information or is a specialist in a particular field. He or she helps the court decide what is considered a reasonable expectation of care. Without this individual, many cases are dismissed before entering the courtroom. 

The Medical Malpractice Process

The amount of time a medical malpractice case takes from start to finish depends on the complications of the case and if the case is settled outside of court. Settling outside of court will likely speed up the process but may be at the cost of a lower payout.

Discovery

During the initial process of a medical malpractice lawsuit, all parties involved must be notified of the impending claim. Once this happens, the parties will request information, evidence, and documentation from each other to better understand the case. Both sides need experts to review and consult on the subject.

Expert medical witnesses

These individuals should be neutral parties and fall within the guidelines of state law. The witnesses examine the case and determine if there is enough evidence for negligence. State laws determine the degree of expert opinion these parties must possess.

Negotiating

If the case is determined to have negligence, attempts are made to settle outside of court. The defense will strive to minimize the damages to their client, likely the malpractice insurance provider. The plaintiff’s lawyer will work for a reasonable amount to settle. If they cannot agree, court is the next step.

About 90% of the medical malpractice claims are settled out of court. Because of the time, energy and cost, both sides prefer this option. Payouts from court cases average around 1 million dollars but are not guaranteed and are lengthy. Settlements usually average about $400,000. Some defense attorneys will hold out on offering an appropriate settlement until right before court, hoping the plaintiff will accept a lower amount. An experienced medical malpractice lawyer knows this horse and pony show and helps their client receive proper compensation.

Payout

Once a case has been settled or won, the injured party either takes a lump sum or structured payments. Structured payments are mostly given out with birth injuries or malpractice with young children. This option allows parents to time payments out over the child’s years. Other than for this reason, a lump sum is usually the best way to collect money as the process is completed and no further contact is necessary.

Attorney fees

Most medical malpractice lawyers charge their clients on a contingency basis, meaning they get paid if their client wins the case. The amount of that payment is per the agreement made at the start, usually amounting to recovering costs of the prosecution plus a percentage of the awarded money. Preparation and prosecution can easily cost $100,000 in fees alone.

Medical Malpractice Lawyers

Medical malpractice cases are not areas for you to battle alone. The research and background information necessary is extensive, and experience in dancing with settlement offers and expert testimonies is critical. 

The Hayes Firm has demonstrated its ability to match those injured with lawyers suited to handle their case. From Missouri to Tennessee, we have helped individuals in various states receive the compensation justified due to medical malpractice. 

You deserved the proper standard of care when you trusted your doctor. While we cannot undo the damage done, let us help you pursue justice owed to you. Contact The Hayes Firm today.

The post The 411 of Medical Malpractice appeared first on Dream Legal Team.

Knee Replacement Facts by the Numbers

1/5: the ratio of people who experience a complication as a result of a knee replacement

9/10: the number of implants lasting 15 years after being implanted

1: the total number of pounds a knee replacement weighs

50-80: the age range for most people receiving a knee replacement

65.9: the average age for a knee replacement in 2014, reduced from 68 in 2000.

Knee Replacement Implants

Knee replacement implants consist of plastic and metal components. The plastics are polyethylene, which is both light and flexible. The metals used are titanium or cobalt-chromium alloys. To adhere the knee implant to the bone, a surgeon has three options: use cement, do not use cement, or opt for a hybrid of the two. With the cementless option, the bone grows around and into the device. 

Types of Knee Implants

A knee implant utilizes three components: 

• femoral component – metal and attaches to the end of the femur, allowing the patellar to slide up and down as the knee bends
• patellar component – plastic, dome-shaped, aligns with the femoral component and held in place by quadricep and patellar tendons
• tibial component – metal and polyethylene, attached to the tibia and acts as a plastic spacer between the tibial and femoral components

All implants attach to the thigh bone and tibia in some capacity. Depending on needs, they may have a patellar element that replicates the kneecap. Gender-specific devices work with a female’s frame. Doctors evaluate the knee’s condition to determine the appropriate implant for the patient.

Fixed-Bearing

This implant is the most common of replacements and is generally given to the elderly, as it is not appropriate for active or overweight patients. Due to the design, the polyethylene part can wear away from the metal rolling on the plastic, leading to loosening, pain, and device failure. 

Mobile-Bearing

Although similar to fixed-bearing, mobile-bearing allows the polyethylene part to move. The design is more appropriate for younger, active adults. The idea behind this device is to allow more motion and a deeper bend in the knee while theoretically reducing the friction that causes early failure of the device. 

Medial-Bearing

A medial-bearing implant utilizes a mobile-bearing design but takes it a step further. It functions as a ball and socket and allows more area between the parts of the device, in turn reducing friction and wear and tear. In patients with healthy surrounding tissue and ligaments, this design allows those natural components of the body to hold the device in place. It is possible they may become trapped in the component. 

Posterior Cruciate Ligament Retaining (non-constrained)

The posterior cruciate ligament (PCL) is the ligament that connects the femur to the tibia in the back of the knee. If it is healthy and bone structure is sound, this option can be selected. If the PCL is in good condition but too tight, the implant may not work as well and have premature excessive wear.

Posterior Cruciate Ligament Substituting (constrained)

Where the PCL Retaining option retains the ligament, the PCL Substituting option substitutes the ligament. This option is necessary for individuals who have excessive damage to the knee or have had a prior knee replacement surgery. The surgeon removes the ligaments and replaces them with plastic components. 

Knee Replacements Recalls

Knee replacements fail for various reasons: design fails, poor fitting, loosening, or other unplanned complications. Depending on the defect, the complications can be short or long term. A quick search on the FDA Medical Device Recalls page reveals knee replacement recalls are prevalent. Recalls have already been filed in 2021. 

Most generally, recalls are issued by the manufacturer and not by the FDA. Each can vary from one device to thousands of devices. They are not limited to implants alone; for example, a recall may be the tool used to complete the surgery, which can break, leaving parts inside the patient.

In an often-quoted report released in 2013 by Consumers Union, 709 knee implant device or component recalls were examined. The report noted that the companies manufacturing these implants often did not guarantee their efficiency, durability, or safety. Another significant concern was the fast track method of a 510(k) clearance. This method allows FDA approval by showing that the device is similar enough to one already on the market.

Recognizing that rushing approval was potentially leading to issues with knee implant failures and their subsequent medical complications, an attempt was made to have Congress guarantee more testing on hip and knee replacement parts. The goal was to have this requirement included as a part of the Medical Device User Fee Act. It was, unfortunately, blocked. Consumers Union sent letters to manufacturers attributing to the majority of the recalls requesting assurance of a warranty on their products.

“Medical device companies claim that current law provides adequate protection for patients and that their implants are dependable and safe,” said Lisa McGiffert, director of Consumers Union’s Safe Patient Project.  “If that’s the case, they should have no objection to offering warranties to back up those claims.  Patients and taxpayers shouldn’t be on the hook for the cost of replacing devices when they fail.” 

Design Fails

When a design is flawed due to a manufacturing defect, the implant can wear out prematurely. Loosening, when the device comes loose or does not attach to the bone, is another bi-product of design failure. Revision surgery is likely needed to correct both issues.

In other cases, tools used for the surgery could be compromised. Some recalls address tools breaking with undesired consequences such as parts of the tool being left in the patient’s body.

Improper Fit

Knee replacements must fit properly and match with the patient’s lifestyle and circumstances. When they do not, they cause damage to the bone or device.

Label Errors

If a package has errors, particularly on the instructions or labels, it leads to compromised safety. Similarly, if the package components are incorrect, i.e., the left and the right knee parts are switched.

Early wear

Implants should last over fifteen years. Premature wear on the implant can cause the implant to fail or loosen earlier than the patient expects. 

Complications from knee replacements

Knee replacements come with a risk of both long-term and short-term complications. The short-term complications are generally the result of a difficulty with the surgery itself. In contrast, long-term complications are more likely to be due to the implant.

Short-term complications with knee replacements

Infection

Infection is the most serious risk following surgery and occurs when contaminants enter the wound during the surgery. Sometimes the germs are on the implant itself. The infection can be immediate or take weeks, months, or even years to show up. While medications may combat the infection, the surgeon may need to open back up the knee, remove the implant and infected tissue, and implant a new knee. This complication is rare, though, with only 2.5% of the cases ending in infection.

Deep Vein Thrombosis (DVT)

While infection is rare, DVT is much more common. DVT is when a blood clot is formed deep within the veins. If the blood clot were to break free, it could block the blood flow to the lungs. In rare cases, DVT causes death or, in less extreme cases, permanent damage to the veins. DVT does not always have symptoms, and therefore, doctors must emphasize preventing DVT.

According to stoptheclot.org, 80% of orthopedic patients are at risk of developing DVT if no preventative treatment occurs. With treatment, that number drops to 3%. While that is much lower, an estimated 700,000 Americans undergo knee surgery each year, so 21,000 people are at risk of developing DVT even with preventative measures.

Long-Term Complications

Like short-term complications, long-term complications also include infection. However, as stated earlier, most long-term complications are due to the actual implant. Wear on the implant, loosening, bone fractures around the implant, chronic pain, and motion-limiting scarring are all long-term complications of knee replacements. Unfortunately, these often require revision surgery to address.

Polyethylene wear and osteolysis

Osteolysis, the loss of bone tissue leading to loosening, fractures, and other issues, is not completely uncommon with polyethylene wear. In follow-up appointments five to fifteen years post-surgery, osteolysis was seen in 5-15% of the patients. 

Both cemented and uncemented implants are capable of producing this condition. In some cases, smaller debris of polyethylene, cement, and metal elicit a cellular response. In other cases, larger debris evokes a tissue response which is tied to delamination, pitting, and wear. Delamination is the cracking under the surface, eventually leading to the flaking of material. Pitting and wear is accelerated by the presence of free radicals, causing oxidation.

Infection 

Periprosthetic joint infection has been reported in 1.55-2.5% of total joint arthroplasty, such as you see in total knee replacements. It is quite costly to manage these infections. Per The Journal of Arthroplasty, “the annual cost of infected revisions to US hospitals increased from $320 million to $566 million during the study period and was projected to exceed $1.62 billion by 2020.” 

One study evaluated over 11,000 surgeries performed at their center. They looked specifically at those resulting in revision surgery, finding infection was a leading cause of failure in knee replacements. Further, they undercovered the possibility of total knee replacements attributing to a cytokine immune system response and potential link for inflammation and infection. More research is necessary.

chart from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3953520/

Chronic Pain

In a study found in EFORT Open Rev 2018;3:461-470. DOI: 10.1302/2058-5241.3.180004, 10-34% of patients reported an unfavorable amount of pain in the three-month to five-year range following total knee arthroplasty. Other studies simulate the same result, showing that this finding, while the exact percentages may vary slightly, is not unique to the study. Given the vast amount of yearly knee replacements in the United States, and with projections of this number climbing, an unacceptably high number of individuals live in chronic pain after undergoing a surgery intended to reduce it.

Metallosis

When metal parts rub together, microscopic metal particles can rub off and enter the blood and tissues. This metal poisoning, metallosis, can affect the brain, heart, eyes, and other organs, or even cause bone or tissue death. When polyethylene parts wear away, there is a risk for metal on metal contact. Because the polyethylene must be worn away to expose the metal, metallosis is usually seen late in the span of an implant’s life.

Lawsuits from Knee Replacements

Sulzer Medica

In 2000, Sulzer Medica recalled thousands of artificial joints due to manufacturing changes producing an oily substance that remained on the implant. This substance, in turn, prevented the joint from bonding to the bone. In 2002, Seltzer Orthopedics Inc., a subsidiary of Sulzer Medica, announced they would settle by paying $1 billion to around 4,000 lawsuits claiming the company produced faulty hip and knee implants. A representative for the company said this would equate to about $200,000 per patient, yet would not bankrupt Sulzer.

Zimmer’s NexGen

In 1995, Zimmer Biomet introduced its NexGen implant to the market, which utilized the 510(k) method approval method. In 2001, they released the HighFlex version of the knee. Over 1,000 lawsuits have claimed the HighFlex knee caused an increase of pain, loosening of the device, early failure, and necessary revision surgery. 

The lawsuits accuse Zimmer Biomet of misleading marketing and concealing potential health risks, spelling out the resulting unnecessary pain, surgeries, and product defects. The company settled in 2018, leaving many patients still experiencing failing knee replacements out in the cold.

Some signs of an issue with the HighFlex NexGen knee are:

• Clicking, popping, or crunching sounds in the knee implant
• Swelling and pain 
• Difficulty walking or standing
• Loose feeling in the knee

DePuy Attune Knee

In 2019, Regina Dibala filed a lawsuit in the US District Court for the District of Colorado against DePuy Orthopaedics and Medical Device Business Services, Inc. In her case, Dibala addresses that within five years, the device, Attune Knee, failed. After enduring instability, constant and severe pain, and difficulty walking, her doctors took radiographs of her knee, revealing the device’s loosening. Essentially, the Attune system’s bond between the tibial baseplate and the implant cement interface failed, causing the loosening.  

DePuy is a subsidiary of Johnson & Johnson. In 2011, DePuy’s Attune knee was introduced to the United States market, and three years later, in 2014, the company debuted two new technologies for the implant. Attune utilized the 510(k) FDA approval path, receiving clearance in 2010.  

Two hundred seventy-seven of DePuy’s knee implant components and devices were recalled between 2002 and 2013. Of these, four were Class I recalls as they had a “reasonable probability” use of the products would cause adverse health consequences, up to death. In 2015, a Class II recall of 3,474 Attune Knee Tibial Articulation Surface Instruments took place due to a wire spring coil breaking off during the procedure. Per the FDA site, the reason for the recall reads as follows:

Potential for the Balseal, a small wire spring coil located on the post feature of the ATTUNE Knee Tibial Articulation Surface Instruments used in trialing to become damaged and disassociate (come off). If the Balseal is separated from the post, it has the potential to enter the surgical site and be left in the patient if the surgeon is unaware of the disassociation

Studies on Attune’s knee implants reveal various issues such as pain, decreased range of motion within two years, cement failing to bond parts to the tibia, and tibial loosening. The US Food and Drug Administration has received hundreds of complaints, and yet, DePuy has no warranty on the product. The only way to fix the issue is through revision surgery. The studies also suggest the tibial loosening is underreported. This loosening could cause fractured bones and the implant or its components to wear out quicker.

Signs of tibial loosening in Attune

The following is not meant to be a complete list. Patients who have experienced tibial loosening with their Attune device reported these symptoms:

• Pain
• Instability when standing
• Pain with weight-bearing pressure
• Swelling 
• Warmth around the knee months past surgery
• Backward or sideways movement in the knee

B.Braun

In November of 2020, B. Braun directed customers who had purchased its Aesculap Univation X Knee Replacement system to hold off on implanting them while the company researched a possible malfunction in the system. Surgeons and sales representatives both claim B.Braun knew of the issues and attempted to cover them up. Reports alleged the implant was prone to loosening. 

Lawsuits against B. Braun assert that due to the ceramic coating on the implants, likely put there to prevent metal issues, allowed moisture to collect under the bone cement, causing the implant to move. Not only does this produce pain, but it enables loosening and difficulty walking. One surgeon claimed he could remove the implant with just two fingers.

Side effects of the Aesculap Univation X Knee Replacement System:

• Knee Pain
• Infection
• Decreased or limited range of motion
• Joint instability
• Inability to walk

Knee Replacement Questions

When a person recognizes the device is failing early, they may seek out advice from a lawyer. This is important, as there may be statutes of limitations, class acts, recalls, or other specifics a person not versed in the law may be unaware of. 

To help the process move quicker and more effectively, it is good to prepare answers to potential inquiries.

• When was the knee replacement surgery? 
• Did you need revision surgery?
• What complications or short or long-term consequences have you experienced in regards to your implant?
• What brand or model is your implant?
• Are you aware of any recalls for your device?
• What do you do to help with the impact or pain from your implant?

Knee Replacement Implant Lawyers

If you or a loved one has experienced pain, loosening, failure of a knee implant, or have received notice of a recall, we are here to help. Our experienced team matches you with lawyers versed in assisting clients in cases just like yours. You trusted a company to be honest when creating a device to improve your quality of life. It didn’t happen. We are here to help you receive the compensation you deserve. Don’t fight alone. Contact The Hayes Firm today.

The post Knee Replacement Lawsuits: Loosening, Pain, and Recalls appeared first on Dream Legal Team.

Substantial injuries are an inherent risk in hunting. Consider the environment encompassing hunting: camouflaged individuals utilizing tools intended to end life, often from high areas or through mud, wet, or dark landscapes. Complicate this scenario with defective equipment, damaged tree stands, or a faulty gun, and the ingredients for a disaster are nicely packaged ready for the baking.

Types of hunting accidents

What is the first image you picture when imagining a hunting accident? Likely you envisioned an unfortunate misfiring of a gun. Unfortunately, these are hardly the sole risk. 

Tree stands, crossbows, and defective equipment contribute to injury risk, with tree stand injuries most likely to occur. According to NRA’s American Hunter, long-term hunters partaking in the sport from late summer to early winter over fifty years have chances of injury as follows: falling (tree stands) – 1 in 20; bowhunting – 1 in 36; and gun hunting: 1 in 91. 

Falls from tree stands 

According to the Tree Stand Safety Awareness Foundation (TSSA), there are five main categories of tree stand accidents:

• Homemade Stands
• Lock-on Stands
• Ladder Stands
• Climbers
• Other

Lock-on stands encompass 31% of the accidents, followed by climber stands holding 25%. Ladder stands and homemade stands tie at 20% each. Injuries sustained from falling have included death, loss of limb, paralyzation, penetration of organs or tissues, fractures, and sprains.

According to the National Electronic Injury Surveillance System (NEISS), tree stand injuries have decreased significantly since 2010. In 2010, 5598 injuries needed emergency room care, whereas only 1937 injuries of the same severity were reported in 2019, a 65.4% decrease. This downward slope is at risk of being cut short with a newfound interest in hunting.

The TSSA strives to address the inherent risks of being strapped to a tree, far above a safe landing. The 501C3 non-profit aims to ensure each hunter comes home safely and uses education, promotion, and best-practices to push their message. Unfortunately, equipment fails, and some hunters declare the mantra, “it won’t happen to me.” Yet, tree falls remain the top cause of injury and death to deer hunters.

Harnesses are crucial to preventing injury. In most of the accidents reported, the hunter was not wearing a harness. Other injuries proved a harness was worn but not engaged at the time of the fall. In separate cases, the harness was improperly stitched together and broke apart. Harness insistence is fundamentally essential, emphasized by the lack of federal oversight in the manufacturing of tree stands and numerous recalls. 

Additional hunting accidents

Aside from tree stand falls, hunters have plenty of other obstacles to outsmart. A firearm is a risk but also dangerous is the byproduct of shrapnel from the gun or a fellow hunter’s rifle. The shrapnel and debris from not just firearms but also trees pose a real hazard to hunters.

Landscape proves another opportunity for hunting accidents. With uneven pavement on ATV trails, even those with experience driving these types of vehicles chance injury. Put an inexperienced driver in the seat, and the likelihood of an accident heightens. 

Lakes or other bodies of water provide another danger: drowning. Hunters may use boats to carry game. If it should capsize, an inexperienced swimmer risks drowning. Keep in mind even experienced swimmers will likely struggle under the weight of hunting gear and heavy boots.

In any environment, animals are unpredictable and, therefore, a risk. The scent of an animal freshly shot may draw larger animals to the hunter. Sometimes a hunted animal is merely injured and not killed, leading to a potential lashing out at the hunter as he approaches.

Finally, the land may not be land open for hunting. Property owners who do not believe hunters have a right to be on the grounds may become aggressive or threatening while enforcing their property rights. They may also be startled by a person with weapons in their yard.

Causes of Hunting Accidents

Careless or reckless behavior is the reason behind many incidents. Believing one cannot or won’t be hurt is a prime example of irresponsible behavior. When engaging in a sport with the potential to cripple or end life, a hunter’s attitude toward safety is of utmost importance. 

Alcohol or drugs may be a factor in the reason behind a hunting accident. Using mind-altering substances while hunting unquestionably falls into the category of negligent behavior. With the recklessness produced by drugs and alcohol, a wrong split-second decision could easily be the future impairment or death of a fellow hunter.

Whether due to just goofing around or being under the influence, the inappropriate handling of hunting equipment is responsible for many accidents. Rushing with a tree stand could cause a hunter to slip or fall. Without being mindful of the safety of a gun, a quick, tragic firing could quickly occur. 

Manufacturers role in hunting accidents

One group which shrugs off the risks of hunter accidents appears to be the sellers of hunting products themselves. The mentality is if a person is purchasing hunting equipment, they ought to know and absorb the risks with such an investment. What, though, of the case when a hunter purchases equipment, uses caution and appropriate behavior, and yet, the product is defective?

A rifle firing when the trigger is not engaged may be a fatal accident to a nearby hunter. With tree stands, a faulty stand’s welding job or design could result in a 20-foot drop. A harness with weak stitching could be what causes a hunter’s literal downfall.

Emotional toll of a hunting accident

Hunting has become something of a social activity. People tend to go out with close friends, a father and a son, or other family members. Imagine the devastation if a gun misfires, wounding a person you consider one of your closest friends or family members. Taken further, the unimaginable grief of a parent accidentally killing a child is without measure.

These close relationships may cause individuals to resist seeking help. However, in the case of defective equipment or faulty firearms, not reaching out for legal assistance is the difference between compensation for covering hospital, funeral bills, or lost income. At the least, it may be what forces the manufacturer to address the issue of a defective product.

Covid19 and the rise of hunting

With the pandemic, hunting has found itself on the rise. Once considered a dwindling pastime, the pandemic restrictions revitalized the sport. Numerous states are witnessing an increase in first-time hunter safety classes. For example, Michigan reported a 67% increase in hunting licenses compared to 2019 and a 15% increase in female hunters.  Nevada boasted a 30% increase in hunting permits, and Idaho sold 28% more hunting and fishing licenses.

This new growth is excellent for the sport, but with more novice hunters, the opportunity for injury increases. Many took training courses at home. Time will tell if this method effectively prevents injuries and pushes safety as an in-person course. With any discipline, newer participants tend to make mistakes, and future statistics will show if this equates to more hunting accidents. 

Hunting statistics

• Since 1903, unintentional firearm-related fatalities have decreased
• From 1998 to 2018, unintentional firearm-related fatalities decreased by 47.1%
• According to the National Shooting Sports Foundation (NSSF), hunting is rated the second safest activity, only falling behind pool/billiards
• Between 2014-2018, more than $724 million was given to states for hunter education and safety training
• During the same years, 55,000 hunter education instructors provided safety education for hunters
• Over 15 million people purchased hunting licenses in 2019
• In 2016, 103 million Americans took part in a wildlife-related activity, with 10% being hunters
• In 2017, The National Sporting Goods Association supplied data showing over 17 million hunters with firearms were in the United States, but only 35 in every 100,000 injuries occurred 
• Most tree stand accidents involve climbing in and out of stands

Who is at fault for the accident?

Before an accident can take place, ensure you are not the liable party. Follow safety rules, wear protective clothing, and use gear to keep yourself safe. Abide by safety precautions when working with firearms, act responsibly, and never hunt while under the influence of alcohol or drugs, including prescription drugs. Obtain permission before hunting on anyone’s private property.

While a hunting accident is stressful enough, a hunter who denies any liability complicates the matter. If another hunter injured you, they might try to shift the blame by claiming you caused your own injury or lying about details. If the hunter who hurt you is a friend or a family member, you may find yourself conflicted on the next steps and reluctant to work with a lawyer.

Before placing blame, courts consider if the hunter who caused the injury was under any influence. They look at the experience level and what happened after the injury. They will also examine property owners to judge that they acted within reason while defending their property.  

Perhaps it was not even the hunter’s or property owner’s fault. Maybe the product was defective, and the manufacturers have some liability for the resulting injury. Defective ammunition, ladders, safety harnesses have all been in prior claims. Attorneys with experience handling hunting accident claims will know how to navigate the seller’s denial of responsibility.

Contact The Hayes Firm

Hunting accidents happen. At The Hayes Firm, we match your case with lawyers experienced in fighting for compensation for this very situation. If the fault lies with another hunter, the property owners, or the manufacturers, you may be entitled to compensation for your injuries. 

While you recover, we handle the hunting laws and specifics of your case. We are here to help you as we have helped other victims of hunting accidents. Contact us today.

The post Hunting Accidents: the facts and how to get help appeared first on Dream Legal Team.

Statistics for construction accidents

The Fatal Four accounted for over 50% of the construction deaths. Falls led the pack with 33.5% or 338 deaths. Being struck by an object came in second with almost ⅓ the number of falls, 112 total or 11.1%. Coming in third was electrocution with 86 deaths or 8.5%. The last of the four deadly accidents: caught-in/between holding 55 or 5.5% of deaths.

According to OSHA, these are the most frequently violated standards of 2019. Note: three of the top six are construction citations.

1. Fall protection, construction
2. Hazard communication standard, general industry
3. Scaffolding, general requirements, construction
4. Control of hazardous energy, general industry
5. Respiratory protection, general industry
6. Ladders, construction

Common reasons for construction accidents

Understanding why construction accidents occur help prevent future injury. While it does not negate what has already happened, it serves both employers and workers to understand the risks in certain situations. Below are commonly cited reasons for injury or death:

• Hazards created from site debris stored improperly or not stored at all
• Falling objects from elevated surfaces and lack of protection for workers on the ground
• Tripping hazards causing slips, trips, and falls
• Equipment with insufficient maintenance or missing guards on tools/equipment
• Lack of training on tools/equipment
• Fires/explosions/compressed gas accidents/electrical or welding accidents
• Hypothermia, frostbite, heat exhaustion or heat stroke, heart attacks, spine injuries or nerve damage
• Falls from heights, collapsed or unsafe structures, faulty scaffolding, crane, harness, or hoist accidents
• Lack of PPE (personal protective equipment) or proper training
• Dangerous conditions or exposure to toxic substances or environment

Construction worker injuries

Although not a complete list, the following are common construction worker injuries.

• Amputation
• Broken bones/fractures
• Burns from fires/explosions/electrical shock
• Loss of vision/hearing
• Eye injury
• Paralysis
• Spinal cord injuries
• Repetitive motion injuries such in shoulders, knees, ankles
• Concussion/traumatic brain injury
• Respiratory issues
• Cancers due to toxic exposure
• Death

Workers’ compensation claim

When a worker sustains an injury at or because of a job, they must report it to their employer. At that point, the employer contacts their workers’ compensation insurance company, which provides the employee with lost wages and medical financial assistance. Workers’ compensation shields the company from time-consuming and expensive lawsuits while providing the worker with needed financial aid for lost wages and medical treatment.

Workers’ comp and construction workers

Construction workers often face a disadvantage when it comes to workers’ compensation claims. Given the high risk of injury to construction workers, employers should be sensitive to the job’s nature and provide coverage to their employees. The opposite can be the case. Carrying workers’ compensation for a riskier profession comes with a higher price tag. Some employers look to skirt shelling out money for coverage by hiding behind the claim that the employees are contracted.

The National Council of Compensation Insurance (NCCI), funded by insurance companies, provides all but five states with data to populate insurance rates for various professions. The information is used to determine each profession’s risk and, thus, the rate associated with the job. Essentially, the classification code is multiplied against a number representing the history of claims the company has filed. That total is then multiplied by the number of people on payroll. The result yields the company’s premium for workers’ compensation, allowing companies with riskier jobs to pay more than those without the risk.

Misclassification of construction workers

It is not uncommon to see a construction worker misclassified as an independent contractor. In doing so, the company no longer needs to carry workers’ compensation insurance on the employee. The mistake is not always intentional. 

To simplify, an independent contractor has full ownership over their job, supplies, and with who they work. The only part dictated to them is the deadline set. In contrast, an employee usually only works for one client, performs their work at the employer’s location and under the employer’s control and supervision.

Misclassification is such an issue that Pennsylvania passed the Construction Workplace Misclassification Act (Act 72), which sets up specific guidelines for a person to be characterized as an independent contractor. Per this act, to be an independent contractor, you must:

• Have a written contract with the company/business/person for the work
• Control/direct your work
• Own the tools required to complete the job
• Maintain the ability for profit/loss on your work
• Be an owner/partner in your business
• Have a business location different than the business/person for which you are completing the work
• Have previous or current experience in working with others as an independent contractor
• Possess liability insurance of $50,000, at a minimum

In addition to hefty fines, misclassifying employees can result in a misdemeanor or felony charge.  It is important to note that while a relationship may have started as an independent contractor-business, it can change to an employer-employee relationship over time. Due to the numerous complexities and intricacies of contractors and employer specifications, it is in your best interest to seek legal counsel advice.

What claim should a construction worker file?

Depending on the injury sustained and the situation surrounding the accident, the liability can fall on various parties. Construction site owners, general contractors, sub-contractors, manufacturers of equipment, or third parties could all play a role in the cause of the accident. Your claim could be filed under workers’ compensation, a third party claim, or both depending on your state and local laws.

Third party claims

Even if workers’ compensation is not an option, a third party claim may be. A third party claim is when the injured individual (the first party) pursues compensation for injury, pain, and suffering through an insurance company (second party) of a business or person who has caused the harm (third party). If a tool were defective, the third party would be against the manufacturer of the tool.

Personal Injury Claim

In a personal injury case, the lawsuit would be against anyone who caused the accident’s conditions. For example, suppose a construction worker fell while on a ladder. The injured party may be unable to sue their employer for workers’ compensation, but they may be able to sue the ladder’s manufacturer if the ladder was faulty in some way. 

When examining if a personal injury lawsuit is an option, a valid question is, “Was there negligence or recklessness that produced the accident?” Say another worker caused the injury while under the influence, or faulty electrical work caused shock or electrocution. These are situations where a personal injury lawsuit could be applicable. Even if you can draw benefits from a workers’ compensation claim, you may still be eligible for a personal injury lawsuit.

Wrongful Death Claim

If the injury was to a family member who did not survive the accident, the surviving family members might be able to pursue a wrongful death lawsuit. Often wages lost and compensation for the death of the family member are paid out to the survivors.

Product Liability Claim

A product liability claim is when the injury to a worker was caused due to a defective product or piece of equipment. In this case, you can sue any party in the chain of distribution, including the retailer who sold the product or the manufacturer.

Workers’ compensation claim process

It is imperative to follow time-sensitive steps should you find yourself in the position of a job-related injury. By doing so, you ensure the best chance of coverage for your workers’ compensation claim. If you take too long to file for a claim, you may lose your opportunity to obtain coverage through workers’ compensation. Some workers do not file because of a fear of employer retaliation; however, an employer cannot fire you, retaliate against you, or take away your benefits for filing a workers’ compensation claim.

• Seek medical attention promptly. If you do not require emergency attention, ask your employer if they require a particular doctor or hospital for workers’ compensation claims.
• Report the injury to your employer as soon as it is safe to do so. Obviously, if you are seriously bleeding, control the bleeding before calling your employer. Many states have a time limit for reporting an injury, so do not delay to start a claim. File an accident report even if you feel you can walk away without medical attention as sometimes time reveals a more severe injury than initially assumed.
• Document the incident and others’ testimonies of what happened. Obtain contact information of anyone who witnessed the accident.
• Take pictures of the scene and any equipment or tools involved.
• Contact The Hayes Firm to start the legal process and explore your options. An insurance adjuster will likely contact you to assess how much money the insurance company needs to pay. The first offer will probably be low. More often than not, injured workers will take the first offer without realizing future needs for therapy or rehabilitation. An experienced lawyer fights for the compensation you need for both current and future medical needs, whereas you may waive your rights to additional claims without realizing.

Although most employers do not seek to injure their employees, there are times where an injury may appear to have been intentional. Suppose you feel this may be what happened. In that case, an experienced lawyer will evaluate if a lawsuit can be filed against your employer or a third party such as construction site owners, general and subcontractors, architects, engineers, or manufacturers.

Through OSHA, an employee’s rights may have been violated. For example, a construction worker should have copies of any testing done on a site regarding environmental hazards. They should receive training, injury prevention, and information on any construction risks, as well as OSHA standards that apply. An employee has the right to ask OSHA to inspect construction sites for compliance and review any records of past injuries or illnesses at a site. If these rights were denied and an injury occurred as a result, a lawyer experienced working with OSHA can file a complaint on your behalf and obtain the compensation owed due to negligence in meeting the protocols.

Seek out a workers’ compensation lawyer

Workers’ compensation laws are complex. Navigating differing state and local laws, third party claims, time frames, and pain is overwhelming, if not impossible. 

At The Hayes Firm, we recognize construction workers are often underrepresented and paid low compensation for injuries. We are here to help. Our firm connects you with personal injury lawyers experienced in fighting for lost wages, medical expenses, therapy, pain and suffering, disability, and wrongful construction workers’ deaths. We tirelessly fight to ensure you receive proper compensation for your injuries. 

You do not need to combat this alone. Contact us today.

The post Construction accident: workers’ comp or third party claim? appeared first on Dream Legal Team.

What is Essure

Created in 2002, Essure is a device used for female sterilization. The birth control device, two two-inch-long coils made of nickel, titanium, platinum, silver-tin, stainless steel, and polyester fibers, is inserted into each Fallopian tube by a catheter passed from the vagina through the cervix. Over the course of three months, tissue forms around the coils preventing sperm from reaching released eggs. This method is appealing as no cutting or burning is necessary for insertion, the procedure is quick, and the device is hormone-free.

At the end of 2018, Bayer stopped producing Essure, and practitioners were allowed up to one calendar year to use the remaining devices. As of December 2019, any remaining unused devices were returned to Bayer. Other countries stopped the selling of Essure at the end of 2017. About 750,000 devices have been installed in the United States.

Issues with Essure

While Bayer claims there are no issues with Essure, some users have described severe side effects. The lawsuits reveal the coils have pierced the tubes’ walls or migrated from the fallopian tubes, potentially injuring other organs. While not a complete list, users of Essure reported the following are issues:

• Persistent pain specifically in the abdomen, pelvis, or back
• Movement of the device into the pelvis, abdomen, or other organs
• Development of a tear or hole in the uterus/fallopian tubes
• Device breaking apart
• Continued and severe pain following removal
• Pain during intercourse
• Unintended pregnancy, including ectopic pregnancy
• Nickel allergy reaction or other allergy/hypersensitivity 
• Hysterectomy due to surgical removal of the device
• Infection, fainting, vomiting, dizziness, nausea, headache
• Vaginal bleeding
• Hair loss
• Dental problems
• Autoimmune disorders

According to the Mayo Clinic, if you have not experienced side effects, you can continue to use the Essure device to prevent pregnancy. However, if you are experiencing pain or any other symptoms, it is necessary to speak with your doctor. Removing the device may require surgery.

The FDA released an extensive study into the issues reported with Essure from 2002 through 2019. Bayer submitted over 98% of the reports the FDA evaluated. By thoroughly dissecting the 47,000 plus reports submitted, the FDA supplies a thorough evaluation of the known reach of Essure’s damages to the women who trusted its safety.

Angie Firmalino starts a movement

Angie Firmalino received Essure birth control in 2009 and was met almost instantly with back pain, fatigue, heavy vaginal bleeding, fevers, and pelvic pain. The doctors told her because she was older, mid-30’s, when she had the procedure, her body needed time to acclimate to the device. In 2011, she had surgery to remove the device, followed by a hysterectomy and vaginal reconstructive surgery. 

Post-removal, fragments of metal and plastic fibers are still in her body. These pieces cause continued inflammation, pain, and autoimmune disorders. Firmalino describes how she has lost all feeling in her hands and feet aside from a numb, prickly sensation. Beyond losing sense in her extremities, she also lost her jewelry business, energy for favorite activities, and precious time with her family. These side-effects inspired her to create the Essure Problems Facebook group.

Starting as a way to document her experience and warn of the use of Essure to her family, the group soon housed over 19,000 members. The group’s members, self-named “E-sisters” have turned a terrible situation into advocacy with the goal of the FDA taking Essure off the market until it was proven safe. The group educates on how to file an “adverse event report” to the FDA about their experiences.

Lawsuits against Essure

Through numerous lawsuits, it becomes clear the pattern of error was negligence on the part of Bayer and Conceptus, the original manufacturer. Doctors allegedly were not trained on how to properly install the device through a hands-on method. Instead, Bayer provided an “Essure Simulator Training,” of which the company did not verify doctors completed the training before administering the procedure. 

Further, the FDA was not notified of adverse events, nor did Bayer reveal over 16,000 device malfunction complaints. As far as marketing the device, the company appeared not to consider the injury reports. Bayer stated its effectiveness and safety in its marketing materials; however, they received federal citations for not disclosing unintended and adverse events such as pregnancy, perforations, or migrations. 

Facebook’s Essure Problems and Ohio Essure Sisters group, hosting 42.6 thousand people, allowed women to share their experiences and become policy activists. Essure caught the attention of Erin Brokovich, who, after receiving requests for help from numerous women, created a website giving women a platform to share their stories. Due to much attention generated from the social media groups, the company agreed to $1.6 billion. 

Bayer’s defense of Essure

Bayer has not conceded that Essure is dangerous. At times, they use preemption to counter any lawsuits. Preemption is the basic idea that state legislature cannot trump federal legislature. In regards to medical devices, the FDA’s rules and procedures are preeminent. If a medical device manufacturer followed the FDA’s rules, it could not be sued for something that goes against the FDA’s law. Because the FDA approved Essure, Bayer has appeared to receive some protection against claims of risks.

Timeline of the FDA and Essure

November 4, 2002

The FDA approved Essure as a Class III PMA device through the PMA review process. The FDA describes Class III devices and the PMA process as follows:

“Premarket approval (PMA) is the FDA process of scientific and regulatory review to evaluate the safety and effectiveness of Class III medical devices. Class III devices are those that support or sustain human life, are of substantial importance in preventing impairment of human health, or which present a potential, unreasonable risk of illness or injury. Due to the level of risk associated with Class III devices, FDA has determined that general and special controls alone are insufficient to assure the safety and effectiveness of Class III devices.”

September 24, 2015

Following raised concerns from patients, the FDA held a meeting to discuss the benefits and risks of Essure. During this meeting, Bayer’s representatives described how Essure came to be the device marketed to the public. The representative further explained the variety of training options for doctors offering Essure and presented information the company had on adverse side effects and consequences of using Essure. During the presentation, testimonies from individuals from various backgrounds contradicted the information Bayer introduced, including one individual who presented slides showing cracks in the metal or imperfections made it the coils compromised. 

February 29, 2016

The FDA announced a boxed warning about the risks of Essure would be added to labeling and issued a mandatory study to evaluate the benefits and risks of the device. The statement indicated a checklist be provided to doctors to discuss the device’s risks with patients.

October 31, 2016

In a 13 page PDF, the FDA released guidance on a black box warning, as well as a patient decision checklist. 

March 2017

The FDA announced they were reviewing new reports regarding Essure.

April 9, 2018

The FDA restricted the sale and implementation of Essure to only those health care providers who agreed to review the checklist with their patients, including an area for signature. The FDA also approved Bayer’s labeling and checklist. 

July 20, 2018

Bayer notified the FDA that as of December 31, 2018, they would cease the sale of Essure in the U.S. The FDA released a statement detailing its involvement in keeping the women using Essure safe and informed.

December 2018

The FDA approved a plan to extend the follow-up period for those involved in the 522 study.

May and November 2019

The FDA updated the Essure page to include the most recent study information.

December 31, 2019

All unused Essure devices are to be returned to Bayer.

2020 updates

Throughout 2020, the FDA continued to update the website with 522 reports. They granted a variance to Bayer and noted, “Essure patients tend to have higher rates of chronic lower abdominal and/or pelvic pain and abnormal uterine bleeding as compared to women who had laparoscopic tubal ligation.”

Essure-inspired bills

H.R. 3920: The E-Free Act

The bill’s purpose is “to direct the Commissioner of Food and Drugs to issue an order withdrawing approval for Essure System.” The bill did not receive a vote and died in Congress.

H.R. 5403: Ariel Grace’s Law

Named after a stillborn baby delivered after the Essure device punctured the amniotic sac following its failure to prevent pregnancy, the bill seeks to remove the preemptive protections for Class III PMA devices. The bill has a status of “died in a previous Congress” and did not receive a vote.

H.R. 5404: Medical Device Guardians Act of 2016

Unlike the current law, which stated reporting adverse events from medical devices is voluntary, H.R. 5404 would require physicians to report “significant adverse events from medical devices.” Just like the last two bills, it died in Congress after not receiving a vote. 

Injured by Essure?

At The Hayes Firm, we regard the safety of women and all humans as a top priority. Medical malpractice and hasty releases of medical devices and medications to the American people should not be without consequence. Neither should women suffer from devices like Essure or IUDs like Paragard breaking inside of them. To leave the injured alone and in pain to bear the cost is unconscionable.

If you are suffering side effects from the Essure procedure, The Hayes Firm can help. We will direct you to and, if necessary, co-counsel with law firms experienced in fighting Bayer or other medical device manufacturers. A “safe and quick” medical procedure should not result in medical bills, pain and suffering, lost work, and strained relationships.

We are standing by, ready to help. We can’t change what has happened in the past, but we can ensure your voice and story are not silenced in the future. Contact The Hayes Firm today.

The post Essure: permanent birth control or permanent problem? appeared first on Dream Legal Team.

What is Elmiron?

Elmiron (pentosan polysulfate sodium) is a drug used to treat bladder pain. Generally, the discomfort is caused by interstitial cystitis (IC), which is inflammation of the bladder. The condition is often chronic, and there are no known cures. Medications and therapies have proven to be an effective method of controlling pain and improving the quality of life.

One popular method of treating IC is the use of Elmiron. There is no generic medication for Elmiron, which is unfortunate as it is quite expensive. Luckily, 97% of insurances cover the brand, dropping prices from around $870 to $40-$70 for users.

Although it is unknown exactly how Elmiron helps with IC, it is believed the medication either restores the bladder’s surface or coats it, decreasing the chances of irritation to the bladder wall. This outcome is not instantaneous, often taking two to four months to reduce pain and up to six before urination frequency is decreased.

Why is Elmiron prescribed?

According to Elmiron’s website, “ELMIRON® is the only oral medication that’s FDA approved to treat the bladder pain or discomfort associated with IC.” IC symptoms are often different per individual, as well as change over time. Certain events can also trigger the symptoms, such as menstruation, sitting for an extended period, stress, exercise, and sexual activity. Symptoms can frequently mimic urinary tract infections; however, there is not generally an infection with IC.

Signs of Interstitial Cystitis

• Pain in your pelvis or between the vagina/scrotum and anus
• Persistent and urgent need to urinate
• Frequent urination of small amounts through day and night (sometimes up to 30 times a day)
• Discomfort when the bladder fills
• Pain during intercourse

Elmiron and eye damage

Per Elmiron’s website, the long-term use of Elmiron may cause pigment changes in the retina. Although the why behind the retina changes are unclear, the website acknowledges the continued use of Elmiron “may be a risk factor.”

Reported visual disturbances include difficulty reading, blurred vision, and difficulty adjusting to low lighting. The company advises anyone noticing new vision disturbances to contact their doctor. Further, they suggest that during Elmiron’s use, regular eye appointments with retinal exams should be maintained. 

Once the progression of retinal damage has started, it may be permanent or continue to decline even after the cessation of Elmiron usage. Pigmentary maculopathy is a specific type of damage related to the long-term use of Elmiron. A study of six patients in 2018 and 219 patients in 2019 showed a correlation between the use of Elmiron and pigmentary maculopathy. The study reported an average use of Elmiron was between 14.5 and 15.5 years.  

Claims against Elmiron

In March 2020, Teva Pharmaceuticals and Johnson & Johnson were delivered a lawsuit by Kimberly Pelczar. In the case, she claimed ten years after starting Elmiron she began to seek medical help for her vision. In 2019 she was told she had a permanent retinal injury. Pelczar claimed the drugmakers did not warn doctors about the vision risks and, in fact, concealed the information from the public.

Just two months later, in May 2020, Tina Pisco filed a lawsuit against Elmiron. Pisco stated the drug caused a degenerative disease in her eyes called maculopathy. Within six years of starting the drug, her eyesight quickly deteriorated. The retinal injury in both her eyes was permanent. 

Pisco pressed charges against Janssen Pharmaceuticals. Per Pisco, despite being on the market since 1996 and having knowledge of adverse reactions, Janssen did not disclose the potential for severe and permanent visual damage to users. The case makes note of the fact that in 2019, Canada required Janssen to update Elmiron’s label. The new label read, “Post-market cases of pigmentary maculopathy have been reported with chronic use of pentosan polysulfate sodium (PPS). Visual symptoms in these cases included difficulty reading and prolonged dark adaptation. All patients should have regular ophthalmic examinations for early detection of pigmentary maculopathy, particularly those with long-term use of PPS.” The US did not follow suit.

In August, Clara Johns and Shirley Ruth Levy filed lawsuits against Elmiron. The women claimed the drug manufacturers Johnson & Johnson and Bayer and Teva knew Elmiron caused harm, but withheld information of the consequences of long-term use. Per the lawsuit, physicians and patients were not advised of potential retinal damage or of potential blurred or distorted vision. Johns used the drug for ten years, whereas Levy only used the drug for four years.

Studies of Elmiron and retinal damage

In 2018, Nieraj Jain, MD, of Emory Eye Center in Atlanta, Georgia, discovered six of his patients who had taken Elmiron for 15 years had damage in their macula. The macula is responsible for clear vision and is in the central part of the retina. There was nothing else in the patients’ histories that could explain the changes, and thus, Dr. Jain and colleagues raised concern with Elmiron. 

Three ophthalmologists at Kaiser Permanente heard this warning and opted to explore further.  Robin A. Vora, M.D , Amar P. Patel, MD, and Ronald Melles MD found one patient that raised a red flag and responded to the discovery by investigating Kaiser’s 4.3 million patients. Their deep-dive revealed 140 patients who, over the course of 15 years, had taken an average of 5,000 pills of Elmiron. Of these patients, 91 agreed to be examined for the research.

From here, the doctors discovered 22 of 91 with signs of drug toxicity. When patients increased the amount of the drug, the rate of toxicity increased. For example, when taking 500 to 1,000 grams of Elmiron, 11% showed drug toxicity. However, when that amount increased to 1500 grams, 42% showed toxicity.

On June 16th, 2020, Janssen Pharmaceuticals added a “black box warning” on Elmiron’s US product. This warning type is the FDA’s most rigorous warning used to notify users of severe side effects such as injury or death. The updated label now lists “retinal pigmentary changes” under the “warnings” section. Canada required this warning in October 2019, and the European Medicines Agency pushed for the same notice in June of 2019.    

The question remains, as posed when the Kaiser study was released, is, did Elmiron cause the maculopathy or decreased vision capabilities, or are these symptoms bi-products of interstitial cystitis itself? Either way, the attorneys fighting the current cases seem to believe Janssen Pharmaceuticals knew there could be an issue and did not inform the public.

Symptoms of maculopathy

In the center of your eye is the macula, which is responsible for accurate vision. This area is sensitive. One of many disorders to the macula is maculopathy, which is essentially macular degeneration. This disorder causes loss of central vision in one or both eyes. Because the eyes can compensate for vision loss, if the damage is in only one eye, a person may not notice the progression of damage until it affects both eyes. 

There are many types of macular degenerations, but the one related to IC is pigmentary maculopathy. The damage done to the retina and vision due to IC drugs is irreversible. The medical experts recommend anyone who has used Elmiron to have an ophthalmic examination for early detection of maculopathy.

Symptoms of maculopathy include:

• Difficulty adjusting to the dark
• Vision changes in low light
• Darkened vision
• Difficulty reading
• Eye pain
• Difficulty seeing close objects
• Loss of detailed vision
• Vision irregularities
• Dark spots in the field of vision
• Permanent loss of sight

What to do if you believe Elmiron injured you

At The Hayes Firm, we believe you deserve to have information available to you regarding the risks of the medication you are taking. If you have experienced decreased or total vision loss and have taken Elmiron, let us help. We will direct you to and if necessary co-counsel with law firms experienced in fighting the drug companies who have failed their patients.

Whether you are looking to recover losses from medical expenses, living aids, loss of enjoyment, or punitive damages against Janssen Pharmaceuticals, we can help you. 

Current injuries in Elmiron lawsuits include:

• Total or partial vision loss or blurred vision
• Reduced night or halo vision
• Pigmentary or degenerative maculopathy
• Macular retinopathy, maculopathy, or macular/pattern dystrophy
• Metamorphopsia 
• Retinal pigment epithelium atrophy
• Retinopathy
• Scotoma
• Unilateral or bilateral blindness or vision impairment

Contact The Hayes Firm today. Not only will we fight for you, but we will stay on top of the newest information available and other cases against Elmiron. We are ready to stand beside you against drug companies that let doctors and patients take an unnecessarily uninformed risk. 

The post The Legal Woes of Elmiron appeared first on Dream Legal Team.

This grasp to control the spread via restrictions comes with a natural consequence: reduced road traffic. With fewer people on the road, there should be more infrequent accidents, right? 

At first glance, this logic is accurate, but there is more to the story. The restricted nature of life opened the door to increased popularity in the open-air freedom of motorcycle riding, an activity 27 times more likely to have a fatal accident than its passenger car counterpart.

Motorcycle riding up during covid19

In March, Erik Pritchard, head of the Motorcycle Industry Council, indicated motorcycle sales themselves were down from 2019 but not nearly as much as car sales. Although seemingly negative news, the overall feeling remained positive due to the increase in powersports sales. Within the first quarter of 2020, powersports, which is a group containing motorcycles, outperformed the last three years.

Pritchard explains the reason behind the increase in interest of powersports. “For persons who might have thought before, ‘I don’t know about powersports. That could be dangerous.’ Well, does your thinking change when you could go outside and can get sick and die from having been breathed on by the wrong person, or touched the wrong surface? You start thinking about whether there are some things you’ve been really wanting to do. When you’ve been stuck inside for the past few months, you are probably willing to do some new things, especially if the risk is something [you] can control, or at least help control by wearing protective gear.”

Ducanti Motorcycles of North America’s Jason Chinnock expanded on the notion. “Riding a motorcycle is less expensive, more efficient, and often faster than commuting by car. COVID-19 has caused consumers who may have waffled about getting on a motorbike to reassess the risk.”  By the end of May Pritchard stated that sales had picked back up and surpassed 2019 numbers.

Motorcycle classes selling out

With the increase in motorcycle sales during COVID19, classes should be skyrocketing. Unfortunately, this sudden increase combined with the shutdown of many businesses has created a situation where classes are difficult to book. For example, some Motorcycle Safety Foundation classes were sold out in many states through July.

Because each state is working through the pandemic individually, motorcycle education is bearing the brunt. While some classes were simply sold out, others canceled. In Chicago, Harper College released a June 26th statement that it canceled its Cycle Rider Safety Training Program through at least August 16th. Some dealerships are attempting to make up for the lack of classes by offering their own or upping the number of class listings.

Social distancing is a hurdle in scheduling classroom time, causing what could have been a full class to be limited to only six students. Online opportunities for a part of the course is an option, but some found Zoom accessibility was difficult with older riders. It is a non-option for those without computers or internet connectivity. 

According to RoadRacerz.com, 92% of all motorcycle accidents involve someone self-taught. It is pressing riders find a way to obtain the education they need before ever getting on the bike. Proper training must find a way around the roadblocks, especially with so many new riders amidst a pandemic. 

Motorcycle and car accidents data give false hope

At first glance, the motorcycle and passenger car stats provide hope. Lockdown means less driving. The natural consequence of less people on the road is decreased accidents, right? Not exactly. 

While fewer motor vehicle accidents are on paper, when taken into account the total miles driven, there are more accidents per mile. The National Safety Council compared data from 2020 to 2019. Fatality rates jumped 14% in March 2020 compared to March 2019. Miles driven dropped over 18% in the same time period.

By the end of May, there was above a 17% decrease in the total miles driven compared to 2019. May of 2020 alone decreased over 25% in terms of miles driven. Following suit, deaths experienced an 8% drop from May 2020 to May 2019. However, when compared mile to mile, there was an increase of over 23%. 

In Washington, April saw more motorcycle fatalities than it had in over a decade. Acting Director of the Washington Traffic Safety Commission, Pam Pannkuk, said, “We are concerned about the death of so many motorcyclists in 2020 with the traditional riding season yet to come.”

Washington is not alone. In Arizona, motorcycle fatalities jumped from 5 to 17 in a comparable period. Reports describe nearly a dozen states showing this disturbing trend: lighter traffic and higher death rates per mile. 

Factors impacting motorcycle fatalities

During a pandemic, drivers are likely to be both distracted and stressed, causing decreased focus when driving. Washington State Patrol released a statement on May 20th regarding the concerning factors of motorcycle accidents. They observed that in almost all their fatalities, speeding was a common determinant. They detailed cyclists and motorists both clocking at above 100 mph.

Excessive speed is not limited to Washington. CNN reported that states across the nation are observing an increase in dangerous driving speeds, with most major cities reporting drivers exceeding 100 mph. Some cities like Chicago and Des Moines are showing speeds 75% higher than pre-Covid19. The increase in accidents from excessive speed puts an unneeded strain on hospitals.

The Washington State press release detailed that aside from speeding, a lack of motorcycle training and driving while impaired were contributing factors in numerous accidents. While drinking and driving is a known cause of accidents in all types of vehicles, it is even more pronounced in motorcycles. Nationwide sales of alcohol are at significantly higher levels than pre-Covid-19. To those getting on a bike or in a car for a joyride that night, that is troubling data.

RoadRacerz.com reports alcohol is present in half of all deadly motorcycle accidents. About 28% of fatally injured motorcyclists had a blood alcohol concentration of .08%, which is the limit of legal impairment. 

Motorcycle versus car accident facts

Motorcyclists are, without question, at an increased risk for injury or fatality compared to their car-driving counterparts. While some of this is their own doing, such as driving while impaired, other times, it is due to a misjudgment on another’s part. This error is commonly observed when a car makes a left turn, misjudging both the distance between themselves and the motorcyclist and the speed of travel.

• 27: the amount of times a motorcyclist is likely to have a fatal injury over a car passenger
• 25: the percentage of fatal accidents in 2016 that involved a motorcyclist under the influence of alcohol. This is larger than any vehicle group.
• 5.9: the number of times greater that a fatality was a registered motorcyclist versus a registered passenger car occupant in 2008.
• 28: the number of times higher a motorcyclist has of a fatality per mile driven versus a passenger car driver

Motorcycle accident facts

The more motorcyclists are aware of accident facts, the more prevention they can take to protect themselves from becoming a stat.

• In 2018, 4,985 motorcycle accidents resulted in death to the rider
• Drunk driving made up ⅓ of life-threatening accidents
• Half of all motorcycle accidents take place on the weekend
• Over half of the motorcycle accidents are from May to September
• Just under 5% of all accidents are fatal
• Male fatalities are more common than female
• 25% of motorcycle deaths are with a fixed object
• Helmets lower the risk of injury by 69%
• 2% of accidents are attributed to weather
• Helmets, protective clothing and safety gear significantly reduces injuries sustained
• Nearly ⅓ of fatalities happen at intersections

Motorcycle safety tips

With so many facts painting a bleak picture for motorcycle riders, safety is of utmost importance. This is a unique moment in life. Pandemic stress causes difficulty concentrating and sleeplessness, increasing the risk of motorcycle and automobile drivers. This by-product of Covid-19 punctuates the importance of keeping additional safety tips at the forefront.

• Obey speed limits despite the amount of traffic
• Watch out for pedestrians and bicycle traffic, which has increased with pandemic shut-downs
• Drive defensively, especially in anticipating cars making left turns and at intersections
• Do not drink prior to driving
• Avoid distractions such as a cell phone or radio
• Be mindful about road conditions, especially with gravel, grass, pot holes, and dirt
• Take a motorcycle safety class, even if you are veteran rider
• Know your state’s motorcycle laws
• Avoid lane splitting, if possible, as it leans to more serious accidents
• Maintain insurance and consider additional coverage for personal injury protection or underinsured motorist coverage

Seek legal counsel for motorcycle injuries 

At The Hayes Firm, we understand the freedom experienced by climbing onto a motorcycle and letting your spirit travel with the wind. We also acknowledge that sometimes, at no fault of your own, what started as a joyride can come to an abrupt stop, leaving injury and devastation. Accident victims and their families should not have to struggle with navigating this situation, especially given the concern with the current global pandemic. 

Let us help. The Hayes Firm teams you up with lawyers seasoned in combating cases like yours. Instead of searching through internet profiles to find an attorney with the most fitting experience, we do that for you. 

If you or a loved one has been injured riding, contact us today. 

The post Motorcycle accidents increase during Covid-19 pandemic appeared first on Dream Legal Team.