Posts Tagged ‘Lawsuit’

Railroad Workers: Only Remedy for Job Related Injuries

Wednesday, September 2nd, 2009

By Lesley Ranft

Railroad workers compensation for injuries is unlike most any other industry worker who become injured on the job.  Whereas, injuries sustained during work hours are traditionally compensated through worker’s compensation, injured railroad workers do not have the ability to proceed with worker’s compensation claims. Some typical railroad worker injuries include:

  • Carpal tunnel syndrome
  • Exposure to asbestos
  • Exposure to noise
  • Spinal injuries
  • Soft tissue and joint injuries to the elbows, shoulders, hands, and feet.

Many railroad workers experience injuries due to their career long exposure to asbestos, noise, or the risk factors for the development of cumulative trauma disorders to their spines and hips.  These railroad workers have often worked 25 or 30 years at the same job.  Frequently, they are between 50-60 years old.  Many of them undergo surgery to alleviate their pain and attempt to get back to work.  In some cases they may never be able to return to their lifelong job. This is unfortunate, particularly when compared to the benefits provided to workers in other industries through worker’s compensation. Worker’s compensation may provide for vocational retraining, job placement assistance, disability payments and pain and suffering compensation. David Lockard, an attorney in Philadelphia, who focuses on representing railroad workers, explained: “Too often, railroad workers are forced off the railroad because there are no accommodations provided for their disabilities.” So, what can railroad workers do if they are injured?

The only opportunity for remedy from a railroad worker injury is to identify negligence of the railroad, which involves an intensive investigation and filing suit in state or federal court. As David Lockard adds, “To identify negligence on the part of the railroad for a cumulative type musculoskeletal injury, it is necessary to retain an expert in ergonomics who can assess whether a job exposed a railroad worker to risk factors such as repetition, force, awkward posture or vibration.”

Only a few lawyers dedicate their practice to representing injured railroad workers.  Even fewer focus on representing railroad workers who have been injured due to cumulative exposure to factors such as asbestos, noise, or years of vibration.  Lawsuits for railroad workers assist in drawing attention to the need for improvements to prevent others from injury. Lawsuits for railroad workers may provide for financial compensation to replace income loss from job loss and disability.

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Zimmer Hip Implant Recipients Be On Alert

Thursday, March 26th, 2009

Since 2006, 12,000 plus people received the Durom Cup hip implant by Zimmer. At the onset, the Durom Cup appeared to provide relief for those struggling with damage to the hip bone and cartilage. In fact, hip replacement surgery is the final treatment plan when all other methods fail. Yet, the treatment plan with the Durom Cup hasn’t ended for many due to the disabilities that have resulted from its use. The Durom Cup was recalled after multiple violations cited by the FDA. In addition, there are several other makers that have faced with recalls due to excessive pain and suffering for people that have underwent hip replacement surgery. In fact the lack of consumer awareness is another cause for concern. As Jackie Quinton, Attorney at Law of The Garrett Law Office in Oklahoma City and surrounding areas explains, “People with the recalled Zimmer Hip Implant often initially believe that the persistent pain and/or dislocation they are experiencing is a natural component of surgery and not attributed to a defective product. In fact, they may go to the emergency room and have subsequent surgeries without knowing the root cause of their disability. Some doctors may not be aware of the defect as well.” The affected hip implants date back to 1998. Over 150,000 hip replacement surgeries are performed each year, according to FDA Talk.

Hip replacement surgery may be performed through a variety of techniques. The techniques for total hip replacement involves the use of artificial implant designed to help mimic the function of the hip joint.

Zimmer Hip Implant Issues
Though initial patient reports of the Durom Cup held promise, the failure rate appeared high in the years following surgery. Patient complaints have included: 1) loose implant 2) inability of the cup to bond with the bone 3) implant migration from initial positioning 4) immobility 5) severe pain. The contentions surrounding the hip implants are, as follows:

• Some personal injury attorneys contend that Durom Cup implants should never have been on the market because the company never proved that their product was superior to others. Also, it is suspected that there is a failure in the design of the implant cup.
• Others contend that the doctors were not adequately trained in Durom Cup placement by the maker.
• The process of bonding implants to bone is highly skill dependent. For example, dentists have been using the process of osteointegration (bonding bone to artificial material) for over ten years. Osteointegration is critical for the success of a dental implant. Yet, the skills used in the bonding technique have required many years of time. Osteointegration techniques are used in other medical applications such as head and neck.
• The FDA cited multiple reasons why the Durom Cup implant was a cause for concern, including: 1) failure to deliver adequate quality control information about the product 2) failure to implement preventative and corrective procedures, 3) failure to deliver complaint handling and trend reporting for side effect cases in a timely fashion.

Though the company did suspend sales and ultimately reported the high failure rate, the problems associated with the implant may produce debilitating pain and the need for revision surgery. In fact, surgeons performing revision surgery may require additional expertise to remove and replace the implant. Revision surgeries also have their own set of risks.
Lawsuits involving hip implants have been filed in behalf of victims suffering from hip replacement. There are a select number of personal injury attorneys that handle hip implant lawsuits.

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Reglan vs. Tardive Dyskinesia

Wednesday, March 25th, 2009

Reglan, also known as Metoclopramide, may have been considered an advantageous drug. Yet, the life changing side effect from Reglan that may occur moments after intake or months following intake includes Tardive Dyskinesia, description as follows:
• Involuntary movements of the tongue, face mouth, jaw, eyes and other areas of the body
• Difficulty swallowing, resulting in the inability to eat
• Anxiety
• Cosmetic disfigurement due to facial and body involuntary movements
The FDA suggested a black box warning against long term use of the drug. Yet, reports of Tardive Dyskinesia erupting soon after the drug may make Reglan a concern for use for any period of time. The uses of Reglan include:
• Indigestion, nausea and vomiting due to Diabetic Gastroparesis
• Heartburn due to Gastroesophageal Reflux Disorder
• Migraine headaches, nausea and vomiting associated with Cancer
Other side effects of Reglan include, but are not limited to, jaundice, irregular heartbeat, incontinence, and suicidal tendencies.

The Core of the Reglan Dilemma
It is the action behind Reglan that appears to be the root of the problem. Reglan blocks dopamine in the brain. The neurological implications associated with Reglan may be temporary or permanent. The duration of use may play a role in the longevity of side effects. Reports have indicated that up to 25% of all patients taking dopamine blockers experience Tardive Dyskensia on a temporary or permanent basis. Add this to the fact that treatment options have not withstood the test of time, many people suffer with the side effects from Reglan on a permanent basis. As James Shaw, Attorney at Law of Houston Texas adds, “Tardive Dyskensia is one of the most debilitating condtions with  disfurgurment that is incomprehensible for most people to understand. “  Current treatment options include:
• Tetrabenazine, to deplete dopamine
• Select Anti-Parkinsons medications such as Aricept and Baclofen
• Botox to paralyze the muscles that cause involuntary movement

If you have taken Reglan and experience side effects of Tardive Dyskinesia, personal injury attorneys that focus on product liability may be able to assist you. Because of the complexity of Reglan and Tardive Dsykinesia, only a select number of attorneys may manage such cases.

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FDA Alert: White Herring Recall Due To Botulism Risk

Monday, March 2nd, 2009

Botulism, a potential life threatening disease, may produce symptoms as late as ten days after eating a food that contains the bacterium Clostridium botulinum. As a nerve toxin is released from the bacterium, blurred vision, double vision, weakness, difficulty swallowing and respiratory paralysis may follow.

Enterprise Corp of New York initiated a recall of their White Herring after learning that the White Herring had not been properly prepared in China. The fact that the White Herring was not properly eviscerated before processing was discovered by a New York State Department of Agriculture and Markets Food Inspector. Fish that is not eviscerated prior to process has been associated with outbreaks of botulism. As such, it is a violation of agricultural regulations to sell uneviscerated fish.

People that have purchased the White Herring should not eat the product, return it to the store, and may contact the manufacturer at 718-492-4288..

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Ortho Evra Recall Sets the Stage for Lawsuits

Wednesday, February 25th, 2009

As Ed Jazlowiecki, Attorney at Law of Bristol Connecticut explains, “All oral contraceptives may cause injury, but Ortho Evra injuries are on the rise.” The FDA cited that Ortho Evra patch had placed thousands of potential women at risk for questionable levels of estrogen. Ortho Evra was the first oral contraceptive to deliver estrogen through a patch. Ortho Evra is manufactured by Ortho-McNeil.

At the Core of Concern

The stem of Ortho Erva’s increased risk for blood clots, stroke, heart attack and death lies in the disposition of the product. As Doug Monsour, Attorney at Law of Longview, Texas explains, “The dangers associated with Ortho Erva are under-reported. For example, smokers are particularly at risk. The overdose of estrogen and increased risk of blood clots coupled with cigarette smoking further increases the risk for deep vein thrombosis, pulmonary embolism, stroke heart attack and mortality.” The patch is designed to deliver hormones when applied to the skin. However, every woman has unique limitations when it comes to hormone exposure. Some contend that the healthcare system is ill equipped to monitor intake levels particularly in light of the fact that women taking Ortho Erva may be exposed to 60% more estrogen when compared to other oral contraceptives. Since 2002, the FDA had gathered numerous reports of women dying due to the product.

Ortho Erva Warning Signs
• Chest pain and tightness
• Difficulty breathing
• Calf pain
• Excessive headache
• Vomiting
• Dizziness and fainting
• Weakened speech capacity
• Vision impairment
• Breast lumps
• Stomach pain
• Insomnia
• Lack of energy
• Mood swings
• Jaundice
• Fever
• Appetite loss
• Darkened urine
• Bowel discoloration

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