Johnson & Johnson says it will appeal the ruling. However, this case is the second that the company has lost, and it currently has another 1,200 suits relating to talc-based products and cancer risks that are pending.
]]> A three-week trial trial preceded the jury verdict and award. According to a Johnson & Johnson spokesperson, the verdict is not in alignment with 30 consecutive years of research that supports cosmetic talc's safety. Lawyers representing the plaintiff, however, disagree. They say that she needed to have a hysterectomy procedure and other surgeries because of ovarian cancer that was caused by her use of Johnson & Johnson talc products. At this time, her cancer is in remission.An attorney from the firm that represented the plaintiff said that she was gratified. He also indicated that the decision of the jury should end the litigation and motivate Johnson & Johnson to negotiate a global settlement for the cases that remained.
Issues relating to Johnson & Johnson talc powder are not dissimilar to dangers relating to other products found on grocery store shelves throughout New York. Indeed, there are no doubt numerous dangerous products on grocery store shelves right now that we do not know are devastatingly dangerous. However, when a New York resident is injured by one of these dangerous products, he or she has the ability to seek financial restitution in court.
Source: Reuters, "Johnson & Johnson hit with $55 million verdict in talc-powder trial," Brandon Lowry, June 03, 2016
]]>Once it has been revealed that a certain drug is dangerous, New York residents who were injured by the drug will the ability to seek financial compensation for their injuries in court. Furthermore, family members of people who were killed by the drug will have the ability to pursue wrongful death claims. The nature of these claims, and the types of financial damages that may be pursued will depend on the extent of the injuries and the facts surrounding the particular drug at issue.
]]> One important factor in pharmaceutical drug litigation relates to whether the product was deemed to be "unavoidably unsafe." When a drug is unavoidably unsafe, it means that the drug could not be made safe even if it were carefully manufactured. These kinds of drugs usually have harmful side effects, but they may offer other benefits to the patient who takes them. When it comes to an unavoidably unsafe drug, a personal injury claim will usually depend on the question of whether the drug was adequately labeled to warn its user or not.Drug manufacturers have a duty to warn their customers (i.e., the patients) who take the drugs of potentially harmful effects. If a New York patient takes a drug and suffers an injury because he or she was not adequately warned, then the patient might have a strong case to seek financial damages in court.
Source: FindLaw, "Pharmaceutical Drug Liability," accessed June 03, 2016
]]>Car collision statistics support the assertion that these incidents are not accidents. Indeed, deadly collisions increased by almost 8 percent in 2015, and 38,000 people died of car crashes that year. Furthermore, statistics show that almost all crashes stem from driver behaviors like drinking, distracted driving and other risky activities. Conversely, only about 6 percent are caused by vehicle malfunctions, weather and other factors. All this makes driving one of the riskiest activities in which Americans regularly engage.
]]> New York City is seeking to recognize the pandemic of problems presented by car crashes by redefining how we look at them. Recently, the city announced plans to no longer refer to traffic collisions as "accidents;" instead, it would refer to them as "crashes." Other cities, like San Francisco, have enacted similar policies to change public perception of these tragic incidents.The National Highway Traffic Safety Administration agrees with this shift in terminology. According to an NHTSA spokesman, applying the word "accident" to a car crash makes the incident sound like an Act of God -- something that could not have been avoided. He reminds us that the language we use can make a big difference when it comes to public perception.
Americans need to reconsider the way they view car accidents and instead see them as incidents that were caused by an at-fault party. We also need to make a concerted effort to drive safely at all times. Importantly, though, we must hold at-fault parties responsible for the deaths and injuries they cause, both through criminal court prosecutions and through personal injury claims filed in civil court actions.
Source: New York Times, "It's No Accident: Advocates Want to Speak of Car 'Crashes' Instead," Matt Ritchel, May 22, 2016
]]>Considering that construction workers often do their jobs at great heights, especially in New York City, and their jobs are completed outside, those working construction jobs are exposed to a lot of unusual dangers that office workers would never encounter. Unfortunately, dangers presented by scaffolds, power tools, heavy machinery and cranes are reflected in the high fatality rates associated with the construction industry. Nationally, the construction industry has the fourth-highest mortality rate.
]]> Falls were to blame for 22 of the 38 worker deaths that happened in New York in 2012. Other hazards that caused five deaths each in 2012 in the city included: transportation accidents, fatal contact with equipment and objects and electrocution.The Occupational Safety and Health Administration has numerous rules and regulations to which construction sites must adhere. These rules are there to keep workers safe, but not all work sites are free of OSHA safety violations. Unfortunately, numerous workplace safety violations happen that workers put up with simply because they need the job. This a shameful situation because no worker should ever have to put his or her life on the line just to earn a living.
In the state of New York, workers are covered by workers' compensation insurance and they can make a claim for benefits if they suffer an on-the-job injury. However, if it is shown that an employer's negligence in failing to adhere to OSHA standards led to a workers' injuries, then the worker may be able to receive personal injury compensation in addition to his or her workers' compensation benefits in some cases.
Source: New York Committee for Occupational Safety & Health, "It’s No Accident," accessed May 13, 2016
]]>In a previous post, we shared information about a similar Australian medical research project. In that study, a small brain implant would send signals to a shoulder implant that would in turn send wireless movement commands to bionic limbs. Already tested on sheep, human trials are scheduled for 2017.
]]> Regaining independence: Hand movement is an exciting step forwardIn the new Ohio research, a college student who had broken his neck in a diving accident five years ago volunteered to participate in the two-year experimental study of technology that uses a brain implant to transmit movement signals through a computer program to a specially designed arm sleeve. The brain chip can actually record the signals from individual neurons as they fire in the brain.
This so-called bypass technology -- because the brain signals bypass the damaged nerves -- allowed the man to control his right hand well enough to eventually pour liquid, pick up a straw and use it to stir, and play a guitar video game.
The progress was slow and involved intensive practice. The researchers acknowledge that much more must be done to "provide significant mobile independence," according to The Times. Still, the study is the first report of actual limb reanimation in someone with quadriplegia.
The study is published in the science journal Nature.
The New York City attorneys of Weisfuse & Weisfuse, LLP, applaud the work of the medical researchers in these studies and hope that the firm's clients with paralysis will eventually benefit from such technological advances. Perhaps one day soon such therapies will have become a routine part of medical treatment for these injuries.
]]>Joan Rivers; daughter, Melissa Rivers, made a public statement to say that she was glad the legal issues surrounding her mother's death had been fairly resolved. She also said that she was glad the people responsible for the death of her mother had admitted to their mistakes. Melissa Rivers indicated that she planned to fight for the improvement of safety at outpatient medical facilities. Furthermore, lawyers representing the family stated that they were keeping the settlement amount confidential in order to keep the focus on outpatient safety rather than the settlement amount.
]]> Joan Rivers initially went to the medical facility at issue in this case due to a hoarse voice and a sore throat. Two fairly routine examinations were ordered to study her digestive tract and throat area. The exams required physicians to anesthetize Rivers. However, in spite of one anesthesiologist's warning of the chance that Rivers vocal cords could seize and obstruct her breathing, another anesthesiologist performed the procedure anyway. Rivers' vocal cords did seize and obstructed her breathing, but treating physicians did not respond in a way that could have saved her. Furthermore, physicians were accused of acting in an unprofessional way; one physician snapped a photo of unconscious Rivers while she was on the operating table.Unfortunately, operating room mistakes are extremely common in New York City and the rest of the country. Family members who suspect that their loved one may have died suspiciously following a routine medical procedure are therefore encouraged to investigate whether medical negligence may have caused their loved one's death.
Source: The New York Times, "Settlement Reached in Joan Rivers Malpractice Case," Marc Santora, May 12, 2016
]]>From 2001 to 2004, the federal government established a Victim Compensation Fund for all those physically harmed or killed as a result of the tragedy. In 2011, Congress reenacted the fund calling it the James Zadroga 9/11 Health and Compensation Act, named after an NYPD officer and first responder who died of respiratory disease. 50 different types of cancers have since been added to the list of diseases eligible for compensation. The Zadroga Act was reauthorized this year extending the compensation fund for an additional five years.
Weisfuse & Weisfuse, LLP represents victims before the September 11th Victim Compensation Fund.
]]>Contact sports like football are the most dangerous that children can participate in. However, every sport -- no matter what it is -- has the potential to injure a child. Fortunately, most sports-related injuries among children are strains and sprains, but some can be very serious. The deadliest sports injuries suffered by children are brain injuries.
]]> Over 775,000 children 14 years of age and under are taken to hospital emergency rooms for sports injuries every year. Usually, the injuries happen after a fall, getting hit by an object, collisions or overexertion. Furthermore, about 62 percent of injuries happen when children are attending practice for their sport.When it comes to the most dangerous sport for children, football is the leader, sending about 215,000 children between the ages of 5 and 14 to hospital emergency rooms each year. Basketball comes in a close second, with 170,000 children in the same age range going to the emergency room every year. The prevalence of injuries in these sports may also be a reflection of how popular they are, but parents with children participating in any sport should be careful to ensure their children are taking safety precautions to prevent injuries.
Sometimes a child sports injury is not merely an accident but is a reflection of the negligence of coaches and sports league organizers. New York parents of children who were seriously injured in a sports related accident may, therefore, wish to speak with a personal injury attorney to investigate whether their child may have a viable claim to seek financial restitution for his or her injuries in court.
]]>Stone countertops that are particularly hazardous to workers in this regard are those made out of processed quartz, which contains as much is 90 percent levels of silica. That is twice the amount of silica found in granite. These countertops are particularly dangerous when workers are cutting them to fit a kitchen, bathroom or another area where they are being installed. During the cutting process, large amounts of silica are released into the air. When workers inhale these particles, it can lead to silicosis, lung cancer and even kidney disease.
]]> The Occupational Safety and Health Administration has been applying increased levels of scrutiny toward silica containing countertops. Recently, OSHA announced new rules that will ultimately reduce the amount of silica that workers are exposed to. During the announcement of the new rules, federal officials and safety professionals reminded workers and employers that silica-containing countertops are dangerous when they are not handled appropriately.Although the countertops do not pose dangers to homeowners themselves, workers who handle the material are particularly at risk -- especially if they do not have appropriate equipment. As such, employers and workers who use this material on the job must be trained on how to handle, cut and install it in a way that does not put them at risk of silica exposure. Furthermore, New York workers who fear they have contracted silicosis may have strong workers' compensation claims that they can pursue in order to get money to help them pay for their medical care and living expenses in the event of a serious debility.
Source: The New York Times, "Popular Quartz Countertops Pose a Risk to Workers," Barry Meier, accessed April 27, 2016
]]>In today's post, we'll conclude our discussion, examining how the U.S. Food & Drug Administration has already taken action against Xarelto just five years after its introduction to the consumer market, as well as the increasing number of lawsuits being filed in connection with its use.
]]> What kind of action has the FDA taken against Xarelto?Xarelto has two different "boxed warnings," which are frequently referred to in the popular press as "black box warnings." For those unfamiliar with this term, they are essentially prominent warning labels that are designed to warn users of serious health risks or life-threatening complications to which use of the medication has been linked.
What do Xarelto's two black box warnings address?
One of Xarelto's black box warnings indicates that prematurely stopping use of the drug can greatly increase the chances of "thrombotic events," meaning blood clots. The second black box warning indicates that use of the drug elevates a patient's risk of traumatic brain injuries and spinal trauma, particularly epidural hematoma and spinal hematoma.
Have people harmed by Xarelto actually pursued the matter in court?
Johnson & Johnson and its subsidiary Janssen Pharmaceuticals have been hit with multiple product liability lawsuits brought by Xarelto users who have suffered the aforementioned internal or external hemorrhaging injuries, or other associated life-threatening events (strokes, heart attacks, deep vein thrombosis and pulmonary embolisms, etc.).
A product liability lawsuit can help victims cover the astronomical hospital expenses they likely incurred as a result of their Xarelto-related injuries, as well as future medical expenses and other damages sustained.
In light of the forgoing, if you've suffered serious injuries or lost a loved one to what you believe was a dangerous prescription drug, please consider speaking with an experienced legal professional as soon as possible to learn more about your options for seeking justice.
]]>In today's post, we'll continue this discussion, exploring the side effects associated with the drug.
]]> What type of side effects are associated with the use of Xarelto?The side effects from Xarelto can effectively be divided into two categories: minor and major. As for the former, users could experience a host of complications not dissimilar from any other prescription medication, including headaches, itching or back pain.
As for the latter, Xarelto can cause either internal or external hemorrhaging, two rather frightening conditions that have been linked to the drug's unintentionally acute effect on blood proteins, something that causes the blood to become exceptionally thin.
How exactly would a person be at risk of internal or external hemorrhaging?
To help illustrate the risk, consider a person undergoing surgery or in post-op recovery, where the risk of internal bleeding is already elevated. Consider also a person taking the blood thinner who is involved in a serious car accident.
In both of these situations, the inability of the blood to clot -- thanks to the medication -- will allow bleeding to continue unabated, and increase the probability of life-threatening events such as strokes, heart attacks and, of course, fatal hemorrhaging.
Are there any warning signs of internal bleeding?
In general, medical providers warn patients taking Xarelto to be on the lookout for the following warning signs as they can be symptomatic of internal bleeding:
We will conclude this discussion in our next post, examining how the FDA has taken action against Xarelto and the growing number of lawsuits being filed in connection with its use.
If you have suffered serious injuries or lost a loved one to what you believe was a dangerous prescription drug, please consider speaking with a skilled legal professional to learn more about your rights and your options.
]]>While the spot is informative and humorous at times, it fails to discuss how the drug has been linked to major health concerns and a growing number of lawsuits.
]]> What exactly is Xarelto?For those unfamiliar with Xarelto, otherwise known by its generic name rivaroxaban, it is an anticoagulant medication manufactured by the Johnson & Johnson subsidiary Janssen Pharmaceuticals. It received approval from the U.S. Food and Drug Administration back in July 2011.
What medical condition is treated by Xarelto?
When Xarelto hit the market in the summer of 2011, it was marketed as an alternative to Warfarin, a blood thinner that has been used by medical professionals for roughly 60 years.
The FDA initially cleared the drug for post-operative use by patients who had undergone either hip and knee replacement surgery given that the recovery from these procedures presents an elevated risk of deep vein thrombosis. For those unfamiliar with DVT, it is essentially a blood clot in the legs that can break off, enter the bloodstream and travel to the lungs where it develops into a pulmonary embolism, meaning a blockage of the pulmonary arteries in the lungs.
Is this the only use for Xarelto?
No. The FDA expanded its approved uses for Xarelto in 2012, such that it can be prescribed for everything from irregular heartbeats to stroke prevention. Indeed, it can also be prescribed to prevent DVT (regardless of whether an operation occurred), and to treat recurrent DVT and pulmonary embolism.
We will continue this discussion in our next post, examining both the side effects associated with Xarelto and the growing number of lawsuits being filed in connection with the prescription blood thinner.
Consider speaking with an experienced legal professional if you have suffered serious injuries or lost a loved one to what you believe was a dangerous prescription drug.
]]>What causes epilepsy in the first place? Birth injuries related to low oxygen levels during a complicated birth are one. Another common cause is a head injury sustained during an auto accident. To reduce these injuries in young children California now requires toddlers to stay rear facing in their car seats until age two.
]]> Looking for solutionsExisting drugs do not adequately help a significant number of the 500,000 American children with epilepsy. Parents of these children are desperate for new treatments.
Some of these families have even moved to Colorado for easier access to a strain of medical marijuana - Charlotte's Web - that controls seizures.
For families who cannot easily relocate to Colorado, good news came earlier this month. GW Pharmaceuticals announced its experimental drug derived from marijuana (containing only cannabidiol without a marijuana "high") reduced epileptic seizures in a clinical trial.
If the drug, Epidiolex, receives regulatory approval it would be the first U.S. prescription drug extracted from marijuana.
By undergoing a rigorous vetting process, patients could rely on consistency. Medical marijuana products currently sold at dispensaries have not been well regulated. Studies have recently found that many do not contain the claimed amount of the ingredients on the label. The monthly cost of the new prescription drug would run between $2,500 and $5,000 per month. This is more expensive than most of the medical marijuana treatments, but there is a good chance it will be covered by insurance.
When a birth injury or accident causes an injury, the attorneys at Weisfuse & Weisfuse will fight to ensure your family receives adequate compensation to cover available treatments and medications. We have represented families caring for infants with epilepsy. Find out more; schedule a free consultation by calling .
Source: New York Times, "Marijuana-Based Drug Found to Reduce Epileptic Seizures," Andrew Pollack, Mar. 14, 2016
]]>These maddening road defects will become an increasingly familiar sight here in the city in the coming weeks, creating real headaches for motorists trying to navigate the streets and wreaking havoc on the mechanical wellbeing of their vehicles.
]]> Indeed, a recent study by the American Automobile Association found that drivers here in the U.S. have spent roughly $15 billion on vehicle repairs related to pothole damage over the last five years, while the transportation research firm The Road Information Project has determined that driving on poor road surfaces costs the average driver as much as $1,044 per year.All of this naturally raises the question as to how these ubiquitous road risks are even formed.
In general, potholes are formed via a four-step process:
It's important to understand that as much as potholes can prove to be a nuisance and a drain on pocketbooks, they can also present a very real safety hazard to motorists and bicyclists if they become too wide or too deep.
If you don't believe it, consider how an especially deep pothole could catch an unsuspecting bicyclist completely off guard, causing them to lose control and suffer serious personal injuries in the ensuing fall.
If you or a loved one has been injured by any type of road defect, remember that you have rights and you have options for holding the city or state accountable for failing to keep things safe.
]]>As ingrained as this routine is for patients, it's scheduled to disappear entirely by March 27, as a new state law mandating that each and every prescription written by the state's 100,000-plus providers must be created electronically and forwarded to a designated pharmacy takes effect.
]]> Why exactly is the state doing this?Back in 2012, the state passed a law referred to as I-Stop, which was designed to help combat the skyrocketing rates of opioid abuse and fatal overdoses. The law was to be implemented in two stages, the first of which was implemented in 2013 and required physicians to check an online database before prescribing any controlled substances.
The second stage of I-Stop, implemented this year, calls for a switch to all electronic prescriptions, something that supporters say will not only help further combat the opioid epidemic, but also prescription errors attributable to the frequently illegible handwriting of physicians.
Is the state ready for this major switch?
While many have already made the transition, reports indicate that as recently as January, nearly 40 percent of the state's providers were still unable to prescribe electronically. Furthermore, several of the state's major health networks have already applied for waivers asking for more time to implement their systems.
What does the law say concerning exemptions and/or penalties for noncompliance?
Regarding exemptions, the law permits paper prescriptions to be written for medical supplies (wheelchairs, crutches, etc.), and in the event of technical difficulties or extenuating circumstances (prescription will be filled out of state).
As for penalties, the State Health Department indicates both civil and criminal penalties can be pursued against noncompliant physicians.
While it's encouraging to see how this new reliance on electronic prescriptions could seriously reduce the number of serious errors attributable to handwriting, questions still remain about whether patients will be truly immune to mistakes.
What if there is some sort of computer error that causes unnecessary delays or partial transmissions to a pharmacy? What if an incorrect dropdown menu is selected or keystroke is made such that a patient is given the wrong dosage or wrong medication?
Stay tuned for updates …
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