27 Fatalities And Other Complications

Part one of the investigative series revealed that 27 individuals died from IVC filter problems in the last decade. In addition, there were 300 reports of other complications. The device in question, C.R. Bard’s Recovery filter, is implanted in the inferior vena cava vein to stop blood clots.

One of the thousands of people implanted with IVC filters, a 45-year-old woman named Dodi Froehlich, nearly died when a part of the IVC filter broke off and moved to her heart. She had the device implanted after a car accident that made her more susceptible to clotting, NBC reports. If this will lead to an unfortunate outcome, you can talk to Houston wrongful death lawyer if you have lost your loved one due to someone’s else negligence.

Another woman, 55-year-old Gloria Adams, died after a powerful blood clot propelled the entire spider-like IVC device to her heart. The filter was meant to protect her after a brain aneurysm.

One of the main components of the investigation is an attempt to find out if C.R. Bard knew about the device failures and health risks.

Hiding Study Results To Sell Products

Patients began to speak out about complications. Instead of issuing a recall, C.R. Bard hired a public relations firm for damage control. Simultaneously, the device manufacturer privately researched IVC filter complications.

The study showed that the IVC filter Recovery model was associated with a greater risk of fracture, migration and early death. C.R. Bard kept the results hidden and continued to sell thousands of rebranded filters, NBC reports.

Despite initial difficulties with FDA clearance and insufficient clinical trials, the company claims that the product meet federal safety standards. Representatives from C.R. Bard issued a statement that IVC filters offer “significant benefits to patients.”

Kay Fuller, a regulatory affairs specialist hired by Bard to help get FDA approval the second time around, noticed safety issues and reported them to the FDA. NBC investigators discovered that Fuller’s signature on the FDA application appears to be forged, which she confirmed in an interview with the news organization.

NBC reports that more than 20,000 people are implanted with IVC filters. Individuals who experienced complications may be entitled to a lawsuit.

Request a free case evaluation to learn more about compensation opportunities.

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A New Jersey judge awarded $90.5 million to the families of eleven deceased victims in an asbestos lawsuit. The defendants, Anova Holding AG and Becon AG of Switzerland, are successors of a Swiss mining company that had supplied asbestos to the Johns Manville plant in New Jersey between the 1950s and 1980s.

Asbestos Information

For many years asbestos was prized for its heat resistance and insulating qualities. It eventually became apparent that inhaling dust from asbestos was a severe health hazard. Asbestos has been directly linked to mesothelioma, lung cancer, and the inflammation of the lungs called asbestosis. The most vulnerable were the people who were exposed to it in manufacturing, construction or demolition.

Buildings that contain asbestos are still occupied around the world, including here in the United States. As long as it is sealed within a structure it does not pose a hazard. The danger comes mainly in the removal process or any other time the dust is released. There are Federal standards that have to be observed during demolition and disposal making the process more difficult and expensive.

The greatest part of the tragedy is the human suffering, deaths and bereavement that resulted from unnecessary exposure to this toxic material. It had been known that it was a hazardous material for many years while still being used, but in spite of the risks it took years to change practices that caused the danger. Now it takes years to get justice on behalf of the victims of asbestos, as the long delayed outcome of this court case shows.

Do you suspect asbestos in your home? Due to the potential health risk and dangers of asbestos in your house, asbestos surveying and testing should only be carried out by an asbestos consultant.

If you or a loved one has been diagnosed with Asbestos disease, click here!

Click here to learn more about the side effects of asbestos exposure, as well as the lawsuit settlements victims receive for their injuries.

Americans are still endangered by asbestos. <– Read another article.

To learn about other drug side effects, their subsequent lawsuits and settlements, as well as other personal injury cases, CLICK HERE.

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The automaker knowingly deceived the Environmental Protection Agency (EPA) and thousands of customers. As legal proceedings unfold, underscoring the importance of process serving, including the crucial step of meticulous process serving, Volkswagen, no longer denying the accusations, will be tried in court to determine the appropriate punishment.

An Impending Court Decision For Volkswagen

Volkswagen CEO Matthias Müller has reportedly met with representatives in an attempt to control the damage.
Image: Detriot News

According to John Cruden, the head of the Justice Department’s environment and natural resources division, the punishment will fit the crime.

“The United States will pursue all appropriate remedies against Volkswagen to redress the violations of our nation’s clean air laws. Car manufacturers that fail to properly certify their cars and that defeat emission control systems breach the public trust, endanger public health and disadvantage competitors,” Assistant Attorney General John Cruden told Gas2.

Volkswagen may face bankruptcy if the company is charged with $48 billion worth of fines. Matthias Mueller, who became the company’s CEO on Sept. 25. 2015, is reportedly working with the EPA and political representatives to gain a favorable outcome.

However, the consequences of bankruptcy are looming. If Volkswagen tanks, thousands of German workers will be out of a job.

Accepting The Consequences

Volkswagen customers have the right to file against the automaker’s fraudulent claims.
Image: IB Times

European regulatory agencies are satisfied with Volkswagen’s restitution program. The company sold a larger portion of the 11 million affected vehicles in Europe, but it seems that the American justice department plans to hand out harsher punishments.

Elon Musk, CEO of Tesla Motors, reportedly said the funds collected from the trial outcome should be invested in electric vehicles. There’s no doubt that funding the development of electric vehicles will be of great benefit to the population, but customers duped by the emissions cheating software still have the legal right to seek restitution.

Owners of affected vehicles might be entitled to compensation. Learn more about eligibility by requesting a free case evaluation today.

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A Missouri woman is suing the manufacturer of an IVC filter medical device that fractured, migrated to her back and caused severe pain.

A St. Louis woman began to experience chronic back pain, but she couldn’t find the source. Doctors traced it to a piece of the Bard G2 filter system that had been implanted in her body, broke off and  traveled to her back.

On Nov. 24, 2015, she filed a lawsuit against Bard in the Eastern District of Missouri. She’s taking legal action to gain compensation that will help cover extensive medical expenses caused by complications with the IVC filter.

IVC Filters May Fracture And Migrate

The Bard G2 IVC filter has been linked to increased risk of fracture and migration.
Image: West JEM

In Sept. 2008, the Missouri woman had an IVC filter implanted in her body to protect against pulmonary embolism (PE).

One of the filter’s legs broke off and traveled throughout her body, becoming stuck in her back. After months of pain, she finally discovered the problem and decided to take action.

The Bard G2 filter system was approved through the 510(k) approval process and never underwent safety trials. In 2010, researchers conducted a study and discovered that 16 percent of Bard G2 filters fractured.

In the lawsuit, the woman claimed that she wasn’t properly warned about the high risk of fracture and migration associated with IVC filters. She’s suing for negligence, fraud, failure to warn, design defects and breach of warranties.

In addition to gaining assistance with her mounting medical expenses, the Missouri woman is suing the filter manufacturer in order to get compensation for her pain and suffering.

If you or a loved one experienced complications from an IVC filter, you may be eligible for legal help and compensation. Request a free, no-obligation case evaluation for more information.

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A Virginia woman has sued Sentara Life Care for neglecting wounds that allegedly led to the amputation of her grandmother’s leg.

Tomara Carmon-Rogers entrusted the life of her grandmother, Mary Sherrod, to a Norfolk nursing home called Sentara Life Care.

During her time at the facility, Sherrod developed serious wounds that allegedly led to the amputation of her leg.

Although no amount of money will restore Sherrod’s extremity, the family is requesting $4 million in legal damages.

A Patient Neglected For Months

Sherrod’s family said that she was neglected for months, causing her injuries to worsen.
Image: Decubitus Ulcer Victims

In March 2014, a Sentara Life Care staff member attempted to change Sherrod’s sheets. While the linens were being yanked from under her, Sherrod fell to the floor.

Sherrod, unable to walk, is deemed incapacitated. The fall caused 13 wounds to her legs, feet, heels, and buttocks. She is physically unable to maintain the injuries on her own.

Sherrod’s family said her wounds weren’t properly treated. And as months passed, they began to worsen. Sherrod’s right leg had to be removed as a result of the facility’s negligence, according to Carmon-Rogers.

The Consequences of Understaffing

Understaffing often means that many patient’s needs are overlooked.
Image: Preserving DTH Archives

Carmon-Rogers believes her grandmother’s injuries were caused by a multitude of factors. However, she believes the primary reason for the worsening injuries leading up to the amputation is understaffing at the facility.

When a care facility accepts more residents than the staff can realistically handle, it creates a void in administrative checks and balances, follow-up wound management and essential supply maintenance.

During one visit, Carmon-Rogers even recalls having to provide bandages for her grandmother.

“I’ve expressed that to them this is a huge safety issue, when you have nurses here understaffed, overworking them and critical patients,” Carmon-Rogers told 13News Now.

Carmon- Rogers chose to take action against the alleged negligence, and her pursuits are effectively helping to spread awareness and save others from the same fate. One woman, Janice Johnson Palmer‎, was a patient at Sentara Life in 2014 for 11 weeks.

“The nursing care was minimal, it was understaffed and the few good staff overworked. It was such a bad experience,” Palmer said on Facebook. “I will NEVER go back there.”

If you or a family member experienced nursing home negligence, you might be entitled to compensation. Complete a free, no-obligation survey to learn more about legal action.

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A Virginia woman named Kelly Blumenthal has filed a lawsuit against Zofran, the morning sickness drug that allegedly caused her son’s severe heart defects.

Health professionals estimate 90 percent of pregnant women experience symptoms of nausea or vomiting. Kelly Blumenthal was no different.

During the early stages of her pregnancy, Blumenthal began using a generic version of the off-label morning sickness drug Zofran in 2014.

On January 2, 2015, her son was born with multiple heart defects, a lung defect and an intestinal issue. In addition to developing a program to support others dealing with similar circumstances, Blumenthal has filed a suit to fight against the drug that changed her family forever.

A Son’s Birth Defects, A Mother’s Broken Heart

Blumenthal’s son suffers from atrioventricular canal defect, which caused holes to develop in the center of his heart.
Image: Hx Benefit

Although doctors believed he wouldn’t make it through the pregnancy, Blumenthal’s son pushed through. However, she knew his life wouldn’t be easy. Originally planning to name him Landon, Blumenthal decided to change his name to Finley, meaning “warrior.”

Blumenthal’s son came into the world with a list of congenital problems, but the most severe is called atrioventricular canal defect. The diagnosis means that Finn has a hole in the center of his heart.

The condition affects the natural regulation blood flow and requires costly open heart surgeries. If untreated, the condition can cause serious complications including enlargement of the heart, heart failure, pulmonary hypertension, and pneumonia. Finn had open heart surgery before his first birthday.

Additionally, Finn has a double outlet right ventricle defect. The condition involves a difference in the structure of the heart, causing the two main arteries to connect to only the right chamber rather than both pumping chambers.

Blumenthal’s 1-year-old boy also suffers from  heterotaxy of the lungs, which is a misalignment of these essential organs in the chest. Finn’s lung has been deteriorating, and his mother needs to constantly monitor his blood oxygen levels. The heterotaxy is likely also linked to Finn’s malrotation of the intestines, in which his small bowel is found on the right side of the abdomen.

Supporting Others And Fighting The Industry

In addition to pursuing legal assistance to get compensation for Finn’s medical expenses, Blumenthal created a support group for families with sick children.
Image: Fredericksburg

There is no doubt that Blumenthal’s heart was broken when she discovered her son suffered from so many medical problems.  Finn’s short life has been filled with expensive surgeries, endless tubes, heavy oxygen tanks and long nights in the hospital.

Through a Facebook page called Prayers for Finn, Blumenthal has created a community of over 26,000 members that offers mutual support and comforting donations to families with sick children. It has been instrumental in helping her get through the surgeries.

On September 28, 2015, Blumenthal took another action. She decided to fight against the drug that allegedly caused her son’s medical issues. She named Glenmark Generics Inc., USA and GlaxoSmithKline LLC in her complaint, taking on both companies that may have had a hand in causing her son’s condition.

But Blumenthal is not alone. Hundreds of lawsuits have been filed against the manufacturer of Zofran, with about 200 cases consolidated in a multi-district litigation in Boston.

If you took Zofran while pregnant and if your child was born with birth defects, then you might be entitled to compensation. Complete a free, no obligation case evaluation now to see if you qualify.

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A woman died shortly after filing a lawsuit against the power morcellator procedure that allegedly spread undetected cancer throughout her body.

A 44-year-old woman named Brenda Leuzzi was suffering from uterine fibroids. The painful condition caused a severe and unusual amount of bleeding, which prompted her to agree to a power morcellation hysterectomy.

The controversial procedure came with side effects and unknowingly spread uterine cancer throughout Leuzzi’s body. She filed a lawsuit in May 2014 in an attempt to get compensation for her worsening medical status. In a tragic twist of fate, Leuzzi passed away five months later.

Power Morcellator Surgery Changed Her Life

Brenda Leuzzi, 44, died from stage four uterine cancer just two years after undergoing a hysterectomy with a power morcellator device.
Image: Change

When Leuzzi made the decision to undergo power morcellator surgery, she had no idea that it would change her life forever. In the lawsuit, she complained that she wasn’t adequately warned of the dangers associated with power morcellation.

The lawsuit came in conjunction with an announcement from the University of Rochester, the medical center that discovered the fibroids. Health representatives from the center decided they would no longer use power morcellation techniques due to the possibility of spreading undetected cancer.

“Specimens can be removed from the abdominal cavity using non-power morcellation or intact through larger incisions in the abdomen or vagina,” according to the University of Rochester Medical Center.

However, Leuzzi isn’t the only one who has been affected by power morcellation. The FDA estimates that 1 in every 350 women may have undetected cancer cells that can be triggered by the procedure.

A Family That Keeps Fighting

Leuzzi’s husband George fights for justice by continuing the lawsuit and urging the FDA to ban power morcellator devices.
Image: Beta News

Although Leuzzi was unable to finalize the fight for her own justice, her family did not give up. Her husband, a firefighter named George, updated the legal complaint to reflect the circumstances of her death.

“Now that she’s passed I will do my part to carry on what she started,” George Leuzzi said. “I will help as much as I can to get this removed.”

In an ongoing FDA investigation, the governmental body evaluated the dangers of the device and considered banning power morcellation surgeries altogether. The agency issued a warning but has not yet made the decision to stop the procedure.

“I’m very disappointed in the FDA. They should have banned this by now. They’re just stalling and finding some other way to convince themselves it’s OK,” George Leuzzi said.

Many women are still suffering from cancer that may have been caused by power morcellation devices. If you or a loved one developed cancer after having your uterine fibroids removed with a power morcellator, then you might be entitled to compensation.

Complete a free, no-obligation case evaluation now to see if you qualify.

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An international transvaginal mesh maker increased its lawsuit budget by $448 million after being ordered by the U.S. government to prepare for litigation.

Transvaginal mesh lawsuits are on the rise as more women claim to have been injured by the medical implant. The number of lawsuits against mesh makers nears 80,000 as these women step into the arena to fight for their own justice.

Manufacturers of transvaginal mesh are bracing themselves for big payouts by increasing their settlement budgets. One Danish mesh maker has recently expanded the company’s litigation finances by $448 million to provide additional funding for the growing number of legal settlements in the U.S.

What’s The Trouble With Transvaginal Mesh?

Transvaginal mesh may come with complications, such as erosion and organ perforation.
Image: Escubes

Transvaginal mesh is a net-like device implanted into a woman’s body to treat conditions such as pelvic organ prolapse (POP) and stress urinary incontinence (SUI). However, mesh products may cause a slew of additional medical problems.

The implantation of transvaginal mesh can lead to infections and cause issues with organs and tissue. The device may cause pain, nerve damage, bleeding, pain during intercourse, scarring and much more.

The transvaginal mesh can deteriorate, migrate, or fuse to surrounding organs and tissue, which creates the need for a revision surgery. Because the mesh is meant to be a permanent solution, it often takes multiple surgeries to remove the device.

Danish Company Prepares for Serious Payouts

Coloplast, a Danish manufacturer of transvaginal mesh, has allocated millions to cover settlement costs in the U.S.
Image: Holscher Design

Coloplast is an international manufacturer of medical devices headquartered in Denmark. The company supplies products for ostomy care, wound and skin care, incontinence and urology in addition to transvaginal mesh.

Coloplast markets its products to hospitals, retailers and patients worldwide. With such an extensive reach, it seems that the company is bracing itself for a long haul of litigation. In fact, there are 2,000 lawsuits against Coloplast in a multidistrict litigation in the Southern District of West Virginia alone.

In 2014, Coloplast settled 400 lawsuits with a $16 million distribution. However, the United States government has made it clear that Coloplast won’t be getting off that easy.

“We have been ordered by the judicial system in the U.S. to take preliminary steps towards actual litigation on 200 specific cases,” CEO Lars Rasmussen said in a press release. “This means that our costs in relation to the litigation will increase. As a consequence, we have found it necessary to increase our provision.”

If your vaginal mesh failed and required additional surgery, then you might be entitled to compensation for receiving a faulty medical device.

Complete a free, no obligation case evaluation now to see if you qualify.

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Monsanto is currently being sued by two workers who developed cancer after being exposed to the herbicide chemical Roundup.

Monsanto is famous for its bad reputation, but it seems that the consequences of the company’s actions are finally catching up.

Two individuals exposed to Monsanto’s herbicide Roundup are suing the multinational agrochemical and agricultural biotechnology corporation for causing their cancer.

Former Workers Taking Legal Action

Monsanto’s underhanded tactics have been widely protested. The lawsuits claim that Monsanto hid the dangerous effects of its herbicide Roundup. 
Image: Common Dreams

The lawsuits were seperately filed by a farmer and a horticultural assistant who both developed cancer after coming into contact with Monsanto’s herbicide.

On top of that, the plaintiffs claim that Monsanto attempted to cover up the risks of working with the Roundup chemical in order to trick regulators into approving its use.

Enrique Rubio is a 58-year-old farm worker who labored in California, Texas and Oregon. He toiled cucumbers, onions and other vegetable crops. Rubio was given the task of spraying fields with Roundup and other pesticides.

He was diagnosed with bone cancer in 1995. On Sept. 22, he filed for legal action in a U.S. District Court in Los Angeles.

Judi Fitzgerald is a 64-year-old horticultural assistant who worked at a horticultural products company in the ’90s where she was exposed to Roundup.

Fitzgerald filed a New York suit on the same day as Rubio. She was diagnosed with leukemia in 2012.

A Predicted Increase In Lawsuits

Roundup, originally classified as “possibly carcinogenic to humans,” is now thought to be “probably carcinogenic to humans.”
Image: The Ecologist

Roundup is a weed killer with an active chemical called glyphosate. The World Health Organization (WHO) recently categorized glyphosate as “probably carcinogenic to humans.”

Now that the WHO has publicly outed the cancer-causing effects of Roundup, attorneys expect more people to come forward and take legal action against Monsanto.

“I believe there will be hundreds of lawsuits brought over time,” attorney Robin Greenwald said.

According to Charla Lord, a Monsanto spokeswoman, Glyphosate is safe if used as intended.

“Decades of experience within agriculture and regulatory reviews using the most extensive worldwide human health databases ever compiled on an agricultural product contradict the claims in the suit which will be vigorously defended,” she said.

Attorneys will argue that Roundup is “unreasonably dangerous” to consumers and that the company willingly hid or ignored the carcinogenic risks associated with glyphosate.

According to the lawsuits, the Environmental Protection Agency changed glyphosate from “possibly carcinogenic to humans” to “evidence of non-carcinogenicity in humans” after being pressured by Monsanto.

However, the WHO cites studies that link glyphosate to cancer despite disagreements from Monsanto. Lawyers will continue to support plaintiffs in class-action lawsuits for the cancer-causing effects of glyphosate.

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A $3 million award for an elderly woman who sued McDonald’s after spilling hot coffee on her lap has led to a widespread misconception about nonsense lawsuits.

The idea of absurd, unnecessary lawsuits became widespread in the ’90s when 79-year-old Stella Liebeck spilled hot coffee on her lap, sued McDonalds and was initially awarded almost $3 million in damages.

Although most people have heard about the case, few know the real facts. Developing an understanding of what happened and how the case unfolded will help consumers realize the difference between nonsense lawsuits and legitimate causes for legal action.

How The Hot Coffee Case Began

In 1992, Liebeck bought a McDonald’s coffee at a drive-thru in Albuquerque. While sitting in the passenger seat in a parked car in the McDonald’s lot, she attempted to add cream and sugar to her coffee.

Placed between her knees while removing the cup’s lid, the hot liquid covered her lap. The car was not in motion when the the coffee spilled.

The coffee was stifling hot, soaking through her sweatpants and scalding the skin and flesh on her legs, inner thighs, perineum, buttocks, genitals and groin. Liebeck suffered third-degree burns and needed skin grafts on her inner thighs. Over 16 percent of her body was burned.

Her grandson, the driver of the vehicle, took her to the emergency room after she went into shock from the severity of the injury. She was hospitalized for eight days.

Liebeck wasn’t the only one injured by the scalding hot coffee. McDonald’s corporate policy allowed the coffee to be served at 180 and 190 degrees fahrenheit, a temperature that could cause serious burs. Coffee brewed at home is usually between 135 to 140 degrees.

In the legal proceedings, the quality assurance manager at McDonald’s acknowledged that an injury is possible with any substance served at 140 degrees or above, making it more than likely that the coffee would burn the mouth and throat.

The restaurant had received more than 700 previous reports of third-degree burns and other injuries from its coffee. Despite the fact that McDonald’s had already paid injured plaintiffs, the company didn’t alter the standard temperature of their brew. 

The Decision To Sue

Liebeck and her family made the decision to sue after McDonald’s refused to pay her medical bills in full.
Image: Liar City

Liebeck reached out to McDonald’s requesting assistance with medical bills, which amounted to over $10,000. Because of the incident, she was permanently disfigured and partially disabled.

She asked for $20,000 to cover her medical expenses and lost income. McDonald’s offered her a maximum of $800, which prompted her to go to trial.

McDonald’s refused to fix the temperature policy despite hundreds of injuries, and the jury awarded Liebeck the money from McDonald’s coffee sales for two days.  The million-dollar amount that Liebeck was initially awarded in punitive damages spread like wildfire throughout media platforms.

Because Liebeck was partially at fault for her injuries, the original award of $2.86 million was reduced by 80 percent, which prompted Liebeck and McDonald’s to come to a confidential settlement in order to avoid the lengthy appeals process.

According to a documentary about the case, called Hot Coffee: Is Justice Being Served?, the facts are as follows:

• McDonald’s operations manual required the franchisee to hold its coffee at 180 to 190 degrees Fahrenheit.
• Coffee at that temperature, if spilled, causes third-degree burns in three to seven seconds.
• The chairman of the department of mechanical engineering and biomechanical engineering at the University of Texas testified that this risk of harm is unacceptable, as did a widely recognized expert on burns, the editor-in-chief of the Journal of Burn Care and Rehabilitation, the leading scholarly publication in the specialty.
• McDonald’s admitted it had known about the risk of serious burns from its scalding hot coffee for more than 10 years. The risk had repeatedly been brought to its attention through numerous other claims and suits.
• An expert witness for the company testified that the number of burns was insignificant compared to the billions of cups of coffee the company served each year.
• At least one juror later told the Wall Street Journal she thought the company wasn’t taking the injuries seriously. To the corporate restaurant giant those 700 injury cases caused by hot coffee seemed relatively rare compared to the millions of cups of coffee served. But, the juror noted, “there was a person behind every number and I don’t think the corporation was attaching enough importance to that.”
• McDonald’s quality assurance manager testified that McDonald’s coffee, at the temperature at which it was poured into Styrofoam cups, was not fit for consumption because it would burn the mouth and throat.
• McDonald’s admitted at trial that consumers were unaware of the extent of the risk of serious burns from spilled coffee served at McDonald’s then-required temperature.
• McDonald’s admitted it did not warn customers of the nature and extent of this risk and could offer no explanation as to why it did not.

Jurors commented that the original award was so hefty because McDonald’s had a “callous disregard for the safety of the people.”

Legal action is often more legitimate than you think. Before you assume a case is unwarranted, don’t forget to learn the facts.

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