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The Yost Legal Group Is Accepting Lawsuits Against Defective Drug Tepezza Do You Have a Case?

Posted on September 28, 2023July 24, 2024 by Brent Hoffman

Teprotumumab (brand name Tepezza) is a United States Food and Drug Administration-approved medication used to treat the effects of thyroid eye disease (TED, also known as Graves’ disease). Historically, FDA approval is a long, winding, and costly process for pharmaceutical companies. New-drug development costs have skyrocketed in recent years to an average of more than $2 billion. After approval, drug companies must sell as many pills as possible to recoup these costs and make a healthy profit.

At the same time, Congress recently reduced the drug exclusivity period, to as little as three years in some cases. Once the exclusivity period ends, cheaper generic versions become available, and demand for the name-brand product often drops dramatically. In simple terms, since drug companies have less time to make more money, they often take dangerous shortcuts.

In this case, these shortcuts have led to a Tepezza lawsuit. According to court documents, Tepezza’s manufacturer, Horizon Therapeutics, failed to warn customers about potential hearing loss and other dangerous side effects.

If you or a loved one has been diagnosed with permanent hearing loss or deafness after taking Tepezza, you may have a case. If you have a case, you may be entitled to significant compensation. Our team is available by e-mail, phone (1-800-YOST-LAW), and text (410-973-6686). Contact us today for a free consultation.

Failure to warn claims are extremely common defective drug claims. In their rush to make as much money as quickly as possible, companies often bury information about dangerous side effects, so this negative data does not affect sales.

Horizon had several chances to change Tepezza or at least warn customers about the risk. As usual, the large pharmaceutical company did not do the right thing. And as a result, an experienced defective drug lawyer must get involved and obtain compensation for victims.

Initial Development

In the early 2000s, scientists at Genmab and Roche, a Danish pharmaceutical company that was only a few years old at the time, developed an artificial human monoclonal antibody that, they believed, would shrink cancer tumors. Early development showed some promise, but progress fizzled during clinical trials in 2009.

At this point in the development process, even though it is still early, a company has usually invested tens of millions of dollars into a drug. Hoping to recoup at least part of these costs, Genmab and Roche licensed teprotumumab to Horizon. When the baton was passed, it is unclear how much Horizon knew about the drug’s potential side effects. That is the main reason a Tepezza lawsuit is now pending. Legal actions usually bring the truth to light and hold parties responsible for the mistakes they make.

However, Horizon knew enough about the side effects to change course and continue developing the drug as a thyroid eye disease treatment instead of a cancer treatment. After successful initial clinical trials in 2017, the FDA quickly approved the drug, mostly because bureaucrats waived some safety rules to get Tepezza on store shelves as quickly as possible. More on that below…

Thyroid Eye Disease Treatment

This haste was not entirely a bad idea. Physically, thyroid eye disease (an autoimmune disorder) usually is not a serious condition. Psychologically, TED is almost always devastating.

Graves’ Disease, or TED, is inflammation in the eye muscles and the fatty tissue behind these muscles. Physically, this inflammation sometimes knocks the eyes out of alignment, causing double vision. Severe TED can cause blindness in some cases.

The psychological effects are almost as bad and affect everyone. This inflammation creates a “bug-eye” appearance that is very unsightly and, unless the person wears dark sunglasses all the time, impossible to conceal.

Risk factors include smoking and an overactive thyroid gland. Sometimes, quitting smoking and regulating thyroid activity basically cure TED. If these things do not work, the patient’s only options are eye drops, which usually do not work, or radical and risky eye surgery. That is, these were the only available options until Tepezza hit the scene.

A failed cancer drug that effectively treats an autoimmune disease is obviously a very powerful drug. Horizon performed three layers of clinical trials on teprotumumab before the FDA approved it, yet it said nothing about the hearing loss side effect.

Most likely, the company’s clinical trials were hopelessly flawed, or the company intentionally buried the hearing-loss side effect.

Either way, the Tepezza and defective drug lawyers at The Yost Legal Group have decided to wade into these muddied waters to help protect people from using it in the future and also to ensure compensation for people already injured by the defective medication.

Have you or a loved one developed permanent hearing loss or total deafness after using Tepezza to treat your thyroid eye disease? Contact The Yost Legal Group today for a free consultation. There are never any fees unless you receive compensation for your claim.

FDA Approval

A century ago, the FDA was a taxpayer-funded organization and an effective safety watchdog. Today, industry-paid user fees account for about half the agency’s budget, so it has basically become a lapdog. As if the overall environment is not bad enough, FDA bureaucrats often hand out free passes that lead to easy drug approval.

In the 1990s, some lawmakers were concerned that the drug approval timeline in the United States was much longer than the timeline in other parts of the world. The 1997 FDA Modernization Act, along with some subsequent laws, streamlined the process and added approval shortcuts such as:

Fast Track Approval: This status, which a drug company can request at any time, expedites the review of drugs that show promise in treating a serious or life-threatening disease and address an unmet medical need. This broad definition means almost all drugs are eligible for fast-track approval.
Breakthrough Therapy: This track is available if a drug treats a serious condition and is a substantial improvement over existing remedies. That is also a broad definition. Breakthrough drug manufacturers might be able to skip a level of clinical trials.
Orphan Drug: If a drug treats certain rare medical conditions and would not be profitable to produce without government assistance, due to the small population of patients affected by the conditions, financial incentives, such as subsidies and tax incentives, are available.

Horizon hit the jackpot and received all three of these free passes. The company reaped the benefits, and customers who lost their hearing paid the price.

Fortunately, there is an old saying in the law that “Where there is a wrong, there is a remedy.” Since Horizon has almost unlimited financial resources, thanks to powerful, big-selling drugs like Tepezza, massive compensation is possible for victims.

Accepting Nationwide Tepezza Victims for New MDL

If you or a loved one has experienced adverse side effects such as permanent hearing loss or total deafness after receiving Tepezza infusions, contact the experienced Tepezza lawyers at The Yost Legal Group today. There is no time to delay. Our team is available by e-mail, phone (1-800-YOST-LAW), and text (410-973-6686).

Warning About Chemical Hair Relaxers and Cancer

Posted on September 28, 2023 by Brent Hoffman

Occasional use of chemical hair relaxers usually is not dangerous. But regular or heavy use is often hazardous. If a woman’s hair does not absorb all of the harsh chemicals present in the relaxer, they go to her scalp, are absorbed through her skin, and then alter the hormone balance in her body. In fact, research shows that “heavy” and “regular” chemical hair relaxer users have four times the cancer risk of women who do not use the products.

For decades, cosmetics companies have heavily marketed hair relaxers to black women and other women of color. Frequently, these advertising campaigns preyed upon lower-income women who society said needed to fit into a certain ethnocentric mold of beauty and professionalism.

Statistically, these women are also more likely to be overweight and have other cancer lifestyle risk factors. As a result, cosmetics companies routinely blame these other risk factors, as opposed to their chemical products, for cancer spikes in certain areas.

Legally, a defective product lawyer does not have to prove that a dangerous product, like a hazardous chemical hair relaxer, exclusively caused cancer or another illness. Instead, the dangerous products must have substantially caused the illness.

Many overweight smokers develop cancer, but in many cases, the use of a chemical hair relaxer can still increase the likelihood and risk factor. That is usually enough to prove liability and obtain compensation for damages.

If you or a loved one has been diagnosed with squamous cell carcinoma or ovarian cancer after regular and long-term use of a chemical hair relaxer, you may have a case. Contact The Yost Legal Group (1-800-YOST-LAW) today for a free consultation with a dedicated hair relaxer attorney.

What Cancers Are Related to Hair Relaxer Use?

Powerful chemicals like sodium hydroxide, guanidine hydroxide, sulfites, and bisulfates alter the chemical composition of a person’s hair and reshape it. Typically, as long as the person’s hair absorbs most of the chemicals, they will not have harmful effects. But these chemicals can alter other cell chemistry as well.

If used inappropriately, they could cause serious injury. As mentioned above, heavy and frequent use is inappropriate use. Also as mentioned above, cosmetics companies encouraged such inappropriate use.

Assume Laura uses a powerful moisturizer on her skin and hair. This appropriate use is not harmful. But if Laura puts this powerful moisturizer on her tongue, she could suffer serious injury.

In this way, chemical hair relaxers are similar to talcum powder. Occasional talcum powder use, even if the powder was tainted with asbestos, might not be dangerous. But Johnson & Johnson encouraged heavy and regular use. “A sprinkle a day helps keep odor away,” according to the classic jingle. Heavy use caused asbestos fibers in the talcum powder to migrate to the ovaries, causing ovarian cancer.

Like chemical hair relaxer cancer survivors, most talc/asbestos cancer survivors had few obvious risk factors, like a family history of cancer. Therefore, in both cases, doctors often do not do precautionary checks or detect a developed cancer until the disease has metastasized.

Are Hair Relaxers Harmful?

As outlined above, chemical hair relaxer overuse is harmful. Cosmetics companies have a legal duty to adequately warn customers about such potential harms. Failure to do so is legal negligence.

Adequate warnings must be in a language targeted customers can easily understand. However, cosmetic companies have made it a habit to word warnings in “legalese” and “medspeak,” specialized languages heavy with jargon and terminology familiar to professionals in the specific fields. This kind of communication is difficult for fluent and native English speakers to understand, let alone someone who is a learned English speaker.

Furthermore, adequate warnings must be proportional to the possible harm. Ovarian and other cancers are a lot worse than a “burning sensation,” “watery eyes,” and other relatively mild side effects listed on hair relaxer packaging. Frequently, companies bury serious side-effect warnings at the bottom of a long list of otherwise mild side effects. Legally, that is not adequate.

Finally, adequate warnings accurately express the risk. As mentioned, the chemicals in hair relaxers are safe if used properly. Therefore, the product instructions must tell customers not only how to use the product, but also how to use the product properly, which means how often to use the product and in a safe quantity.

However, that latter instruction is contrary to the company’s interests. Usually, cosmetics companies want people to cover their faces, legs, and other areas of the body in shaving cream, soak their hair with shampoo, relax their hair frequently, and otherwise use as much product as possible, so their customers have to purchase the products more frequently.

A breakdown in any area (linguistic, proportionality, or accuracy) is usually a breach of duty. If a breach of duty causes injury, the negligent actor is liable for damages. These damages usually include compensation for economic losses (medical bills) and noneconomic losses (pain and suffering).

Moreover, in most cases, money is the only language large companies speak. Therefore, to get their attention and convince them to alter the way they make, package, advertise, and sell products, juries often award significant punitive damages in mass tort cases.

Call The Yost Legal Group today to speak to a specialized hair relaxer lawsuit attorney if you or a loved one has been diagnosed with cancer.

Is There Really a Hair Relaxer Lawsuit?

From one perspective, there are many hair relaxer lawsuits. Hundreds of survivors have already come forward. From another perspective, there is “a” hair relaxer lawsuit. In February 2023, federal judicial officials consolidated all these actions in the Northern District of Illinois for pretrial purposes.

This procedure, which is called multi-district litigation, is basically a cross between individual legal actions and a class action lawsuit. Frequently, individual courts cannot handle mass tort claims on a piecemeal basis. However, these claims do not qualify as class actions under the complex federal rules of civil procedure.

Multi-district litigations put similar cases together during the pretrial motion and discovery phases. A single judge rules on pretrial motions and supervises discovery, ensuring consistent and predictable results. This judge also presides over a few test-the-water bellwether trials and supervises settlement negotiations.

Most mass tort claims settle out of court, especially after the bellwether trials conclude and the two sides know more about the strength of their claims and defenses. If a matter does not settle, it returns to its home jurisdiction for trial.

Settling a case out of court is not like raising the white flag of surrender. Instead, out-of-court settlements reduce costs, end cases earlier, and give survivors more control over the outcome. Additionally, they avoid the need for an emotional and uncertain courtroom showdown.

Accepting National Toxic Hair Relaxer Lawsuits on Behalf of Survivors

Hair relaxer overuse often causes serious injuries that could cause serious pain, anguish, and financial destabilization in the best-case scenario while the worst case could be fatal. To hold the multinational, billion-dollar cosmetic companies responsible for their wrongs, The Yost Legal Group is seeking victims of their chemical hair relaxers who have developed squamous cell carcinoma or ovarian cancer.

All consultations are free. All of our toxic hair relaxer attorneys are compassionate and experienced. And if we do not win you case, you will not pay a cent.

If you or a loved one has developed cancer after long-term and regular use of a toxic hair relaxer, contact The Yost Legal Group today (1-800-YOST-LAW).

Archdiocese of San Francisco Seeks Bankruptcy Protection

Posted on September 8, 2023September 8, 2023 by Brent Hoffman

As the number of sexual abuse cases against priests and other church staff mounted, one of the largest Catholic Church organizations in the country threatened to file Chapter 11 bankruptcy as a measure to protect itself and limit survivor payouts.

“We believe the bankruptcy process is the best way to provide a compassionate and equitable solution for survivors of abuse while ensuring that we continue the vital ministries to the faithful and to the communities that rely on our services and charity,” Archbishop Salvatore J. Cordileone said in a letter addressed to Catholics in San Francisco.

Archbishop Cordileone signaled the bankruptcy earlier this month, warning publicly that the filing was “very likely.”

San Francisco is the third archdiocese in the state to file for bankruptcy this year. The dioceses of Oakland and Santa Rosa filed in the spring, citing the number of sexual abuse lawsuits filed against them. The diocese of San Diego, one of the largest in the state, announced in May that it planned to file later this year.

Archbishop Cordileone is a key player in the Catholic Church’s ultra-conservative wing. For example, he “banned” former House Speaker and Bay Area Catholic Congresswoman Nancy Pelosi from participating in communion in all of San Francisco.

Many misbehaving organizations and companies seem to look at bankruptcy as some sort of proverbial magic wand that can instantly make all their financial and nonfinancial problems disappear. But it is not that simple, and an experienced attorney can help survivors seek the justice they deserve.

If you or a loved one was sexually abused as a minor by a priest or other church worker, Maryland’s new laws mean you have a renewed opportunity to file a claim and get the justice you deserve. Contact The Yost Legal Group today for a free consultation.

Bankruptcy Abuse

As mentioned above, to many entities in legal trouble, Chapter 11 bankruptcy seems like a silver bullet. The automatic stay stops civil lawsuits from progressing. Furthermore, the entity that emerges from bankruptcy is legally different from the entity that filed. Therefore, the new entity might not be liable for the old entity’s negligence.

Not everyone can reap these benefits. Courts have consistently held that honest, yet unfortunate debtors are entitled to bankruptcy relief. In the above story, the San Francisco Archdiocese is not honest, unfortunate, or a debtor.

Courts have also consistently ruled that bankruptcy is a shield, not a sword. The archbishop is worried about the 500 cases already filed and more worried about the thousands of cases yet to be filed. Bankruptcy is not a preemptive strike that denies victims a day in court.

Furthermore, the Archdiocese was negligent, not unfortunate. For decades, the Catholic Church had chance after chance to do the right thing and protect people from the sexual predators in its purview. But the Church passed at every opportunity. Now, lawyers must get involved to hold the Church responsible.

Finally, multiple sexual abuse judgments could easily cause significant financial distress for a public or private entity, no matter how large or small. However, that has not happened to the San Francisco Archdiocese, yet, and given California’s “civil compromise” approach to the statute of limitations, it might never happen. Bankruptcy helps entities with debt problems, not entities who might have such problems in the future.

Sexual Abuse Survivor Lawyers Ready to Help

Contact The Yost Legal Group today to talk to an experienced sexual abuse survivor attorney. There is no fee for consultations.

The Yost Legal Group is taking on Catholic churches and archdioceses around the state of Maryland who abetted, aided, harbored, and protected sexual abusers while ignoring and neglecting the survivors.

If you or a loved one is the survivor of sexual abuse as a minor, you may have a case under new Maryland laws and be entitled to significant compensation. Call today for a free consultation: 1-800-YOST-LAW (1-800-967-8529).

Multiple Patients Allege Sexual Abuse at Montgomery County Hospital

Posted on July 24, 2023August 2, 2024 by Brent Hoffman

Prosecutors believe that the ten patients who have come forward so far might be just the tip of the iceberg in an extensive sex abuse operation at Montgomery County Hospital.

Montgomery County police arrested a doctor who works at Advanced Walk-in Urgent Care in Silver Spring on two counts of rape in February. “I want to thank the women that have already come forward for their courage,” Montgomery County State’s Attorney John McCarthy said. “It takes a lot of courage to come forward and to report these things.”

In court Thursday, prosecutors said Malik allegedly locked the exam room door, did not give women gowns to cover themselves, put them in positions where they were scared to protest, and groped them.

This doctor has had legal troubles before. In 2013, the Department of Justice sued him for healthcare fraud and ordered him to pay $17 million. Then in 2019, the Maryland State Board of Physicians suspended his medical license after he was convicted of failing to pay child support.

Furthermore, a Montgomery County family sued him in 2015 for medical malpractice. Marcelle Copaken says her son felt ill and went to see this doctor, who failed to diagnose him with diabetes and gave him a drug that made him sicker.

If you or a loved one was sexually abused by a doctor, nurse, or other hospital employee, you deserve the chance to seek justice. Contact our experienced sexual abuse survivor attorneys today for a free consultation.

Civil Court vs. Criminal Court

Before we break down the various sexual abuse allegations in this case, we should address the differences between civil and criminal courts.

The burden of proof might be the most obvious difference. Prosecutors must prove guilt beyond any reasonable doubt. So, unless a credible witness saw the sexual abuse, the state probably will not have enough evidence to obtain a conviction.

By credible, we mean highly credible. Any inconsistent testimony, such as a slightly different version of events than other witnesses or a slight variance between trial and deposition testimony, usually torpedoes witness credibility.

The burden of proof in a civil claim is only a preponderance of the evidence (more likely than not). So, the credibility standard is not as high. A survivor or other witness could still sway jurors even if their testimony is a little shaky.

Furthermore, circumstantial evidence is often effective in civil court. For example, if an abuser was employed at a church or school at a certain time and the survivor gives a semi-credible account of sexual abuse, that might be enough to obtain compensation.

This compensation includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Financial compensation is also at the heart of a civil action. A personal injury attorney files a civil action not to punish the tortfeasor (negligent actor) but to obtain compensation for the survivor. Criminal courts, on the other hand, do not compensate survivors at all, at least in most cases.

Betrayal of Trust Sexual Abuse

Most of the sex abuse cases our legal team handles are a betrayal of trust sex abuse cases, such as a doctor and patient or a teacher and student. These survivors are extremely reluctant to come forward. That’s the main reason Maryland lawmakers recently abolished the statute of limitations in most sex abuse civil cases.=

Many of these survivors do not remember exactly what happened. Medical patients are often under anesthesia. Furthermore, the brain usually blocks traumatic memories. Since their recollection is fuzzy, they remain in the shadows.

But remember that the burden of proof in a civil case is only a preponderance of the evidence. Therefore, even if the survivor cannot put all the pieces of the puzzle together, a personal injury attorney can usually obtain maximum compensation.

Additionally, many betrayal-of-trust victims think other people will not believe them. After all, in most cases, if it is a child’s word against an adult’s word, almost no one believes the child.

That belief might be true in ordinary circumstances. But a powerful advocate, like an experienced personal injury attorney, legitimizes the survivor’s claim. Jurors reason that if the layer believes the child, they should at least consider the child’s side of the story. These feelings are even stronger since the child had the courage to come forward and the initiative to partner with a lawyer.

Finally, many of these survivors, especially medical patients, fear retaliation. They are afraid the abuser might stop treating them or worse.

Once again, that belief might be true. Yet overall, fear should never be a key factor in a significant decision. That is a very bad way to go through life.

Types of Sexual Abuse

The three types of sexual abuse in the above story are also three of the most common kinds of sexual abuse in Maryland.

False Imprisonment: Locking someone in a room is only the worst form of false imprisonment. Blocking someone’s pathway, like standing in a door frame, is also a form of false imprisonment. Much more indirect actions, like taking someone’s car keys or phone, could also be considered false imprisonment.
Forced Exposure: This tort is basically like indecent exposure and forced witnessing of pornography or live sexual acts. In all these cases, abusers use survivors for sexual gratification, and the survivors have no choice in the matter.
Unwanted Touching: Essentially, common-law battery is a harmful or offensive touch. Most battery cases focus on the “harmful” element, which is usually physical harm. Unconsented sexual touching may not be physically harmful, but it is emotionally harmful. It is also definitely offensive.

Other kinds of sexual abuse not yet mentioned but still common in Maryland include verbal abuse and quid pro quo (this-for-that) workplace sexual harassment.

Prior Bad Acts in Sex Abuse Cases

Rule of Evidence 404 strictly limits the use of prior bad acts, like failing to pay child support and a medical malpractice suit, in a sex abuse or any other court case.

The law is quite clear that jurors must decide if the defendant committed a crime or tort, not if the defendant is a bad person. Therefore, character evidence is usually inadmissible, at least at the trial phase. However, an experienced personal injury lawyer knows how to use the back door.

Under this rule, prior bad acts are admissible to prove “motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.” Then, if jurors happen to conclude that the defendant is a bad person, they may do so.

Prior legal actions are usually admissible to prove one or more of the aforementioned items. For example, a personal injury lawyer could use the child support action to prove that this defendant is the correct defendant. The prior malpractice suit could be admissible for the same reason.

In terms of character, many people may overlook a medical malpractice lawsuit as a one-off “accident.” However, most people hate “deadbeat dads.”

Incidentally, character evidence, both positive and negative, is usually admissible at the sentencing or damages portion of a criminal or civil trial.

Speak with a Compassionate Sexual Abuse Survivor Lawyer

Survivors of sexual abuse deserve to be heard. They deserve to have their stories told and believed should they be ready to talk. They are also entitled to significant compensation. For a free consultation with an experienced sexual abuse survivor lawyer, contact The Yost Legal Group: 1-800-967-8529. Attorneys can connect survivors with doctors and therapists, even if they have no insurance or money.

Exactech Ankle Replacement Surgeries Moving Offshore

Posted on July 7, 2023July 25, 2024 by Brent Hoffman

To avoid legal scrutiny in the United States, manufacturer of defective medical implants Exactech is now focusing on ankle replacement surgeries in South America.

Manuel Pellegrini, MD, and Giovanni Carcuro, MD, of the Clínica Universidad de los Andes, performed the bilateral ankle procedures in Chile earlier this month.

“Many patients worldwide are benefitting from the Vantage Ankle, and I’m honored to be the first to use it on my continent,” said Dr. Pellegrini. “My patient not only received one, but two Exactech implants, and I look forward to seeing their progress post-surgery.”

“We are thrilled to be part of this landmark procedure,” said Exactech’s Foot and Ankle Marketing Director Devan Carter. “The Vantage Ankle has helped many patients get back to what they love doing, and we’re happy to share these clinical results with patients and surgeons in Chile. We hope to expand into other Latin American countries in the future.”

Foreign Judicial Systems vs. the U.S. Judicial System

90% of the world’s jury trials take place in the United States. Therefore, South Americans injured by defective Exactech ankle implants have few legal options. Whether they have defective implant attorneys, filing an injury claim after suffering harm will likely be difficult, and even if a judge accepts the filing, a victim will most likely never have a day in court.

However, victims of defective Exactech ankle implants have considerable legal options in the United States. For instance, a “failure to warn” lawsuit is one of the leading options.

Exactech’s ankle implants are prone to premature failure because faulty packaging allows oxidation. Air degrades artificial joints just like air degrades leftover food.

As mentioned in our defective Exactech hip implant blog, all companies (including Exactech) have a duty to warn customers about known adverse side effects.

Offshore Manufacturing

Multinational companies like Exactech often own facilities all over the world that each produces separate components. When assembled, these components do not always work together the way they should.

Exactech’s inadequate packaging is a good example. If the company gives a packaging manufacturer inadequate product information, the packaging might not sufficiently protect the final product.

When the company discovers the error, the company often believes it is too expensive to go back and fix things. Therefore, the company knowingly sells something like defective ankle implants. This situation is tailor-made for a large punitive damages award.

Exactech Artificial Ankle Issues

Effective implant product packaging contains multiple oxygen-blocking layers to protect the delicate implant. Ecactech’s packaging was missing one layer, possibly because the packager thought the extra layer was unnecessary, as outlined above.

Oxygen degrades the implant, which leads to a strong and robust implant becoming weak and flimsy. This weakness is especially bad for ankle implants. As soon as the patient gets up, the entire weight of the patient’s body smashes the defective ankle implant. Furthermore, as the patient walks, the device degrades even further. Even the most sophisticated hip, knee, and ankle implant will wear out over time. Additional wear and tear accelerate the process.

A strong Exactech implant might last ten or more years. Furthermore, the device shows clear signs of aging, allowing doctors to get a head-start on potential replacement surgery.

A weak Exactech implant might last less than five years. Furthermore, premature device failure is a sudden failure. Almost literally, the device is fine one day and falling apart the next day. Sudden revision surgery usually takes away whatever mobility the ankle implant restored. Moreover, sudden device failure is incredibly painful.

As a result, the survivor is much worse off than before. Doctors generally prescribe addictive opioid pain pills to these patients. The physical pain is just the beginning. The sudden loss of mobility also causes substantial emotional pain as these survivors are forced to withdraw from family and friends.

In 2022, Exactech voluntarily recalled most ankle implants. But a voluntary recall does not compensate injury survivors. Only a personal injury attorney can do that.

Reach Out to a Diligent Defective Exactech Ankle Implant Lawyer

If you or a loved one has a defective Exactech ankle implant and has suffered severe harm, you may have a case. If you or a loved one had a revision surgery for a defective Exactech ankle implant, you may have a case. For a free consultation with an experienced defective Exactech implant lawyer, contact The Yost Legal Group today: 1-800-967-8529.

FDA Updates Exactech Hip Implant Recall

Posted on July 7, 2023July 25, 2024 by Brent Hoffman

The U.S. Food and Drug Administration prompted medical-implant manufacturer Exactech to expand its voluntary hip implant recall to all models, not just some of them.

Exactech joint replacement devices are used to replace painful, arthritic joints due to osteoarthritis, osteonecrosis, rheumatoid arthritis, and loss of normal structure and function in adults.

These devices are also used to improve previously failed joint replacement devices with adequate bone and soft tissue. All Exactech joint replacement devices contain a plastic component which should be in packaging that contains multiple oxygen-barrier layers as indicated in the package specification. The recalled devices were packaged in defective bags that were missing one of the oxygen barrier layers that protect devices from oxidation.

The FDA continues to work with Exactech to assess whether any of its other joint implants that contain polyethylene components packaged in defective bags may result in increased oxidation and similar risks.

Voluntary Hip Implant Recalls

A hip implant or other product recall is like closing the barn doors after the horses run off. When the FDA recalls a dangerous medical device, people have already been hurt or at least put at unnecessary risk for serious injury. Furthermore, a recall does not compensate these survivors for their economic losses (medical bills) and noneconomic losses (pain and suffering). Only an experienced defective-medical-implant lawyer can help victims get the justice the deserve.

If you or a loved one has been harmed by a defective Exactech hip implant, call us today for a free consultation (1-800-967-8529). If you have a case, we will help you get the justice you deserve.

Additionally, an FDA “recall” is not exactly what most people would think of a “recall.” By law, the Food and Drug Administration cannot unilaterally recall products, no matter how dangerous they are. In a few cases, FDA bureaucrats can limit marketing activities or unilaterally take another action that is not particularly effective. But in most cases, the FDA can only publicly pressure companies to voluntarily recall their own products.

Even then, a product recall is usually a sales modification. The company adds a warning to a dangerous product and keeps selling it. Warning labels, especially in defective hip implant cases, create several legal issues. More on that below.

Exactech Hip Implant Issues

Metal-on-metal hip implants have a long and unsafe history. Most of these defective hip implants have design or manufacturing defects. However, Exactech’s defective implants have packaging issues. Therefore, the product is defective before a doctor even implants it.

Once upon a time, hip implant durability was not an issue. Most hip implant recipients were semi-retired people who were not physically active. Then, in the late 1990s into the early 2000s, people in their fifties and even forties started getting replacements. To cash in on this uptick, manufacturers began taking shortcuts.

But we are getting a little ahead of ourselves. Some metal-on-metal hip implants were defective before they reached consumers. The hip is basically a cup-and-socket joint. When the all-metal parts grind together, the friction releases tiny metal fragments into the body and causes metallosis (metal poisoning).

Most manufacturers addressed this design defect by replacing some of the metal parts with ceramic parts. But the design defect was only part of the problem.

To cope with the increased demand, many hip implant manufacturers bought inexpensive parts from China and other overseas countries. These countries often have lax or nonexistent product safety laws. Therefore, many imported implant parts had high levels of mercury, cadmium, and other dangerous heavy metals.

The human body cannot process these toxic particles in unnatural amounts, so they accumulate in the body and cause a host of serious health problems.

Exactech hip implants, however, have a unique problem. The packaging does not properly prevent oxidation. A loaf of bread gets stale if you do not tie it up properly to keep the air out. Similarly, hip implants degrade if they are not tied up properly to keep the air out.

These defects lead to premature device failure. While routine, implants are still an invasive surgery, especially on older individuals. Once the device fails after implantation, a surgeon must fish the broken device out of the body and replace it with a new device—yet another invasive procedure. These multiple surgeries usually rob survivors of what little mobility they have left, assuming they are candidates for such risky procedures in the first place.

Your Legal Options

Survivors need and deserve financial compensation for device failure and other injuries. Additionally, the manufacturers who sold such products should accept responsibility for causing such problems in the first place. If a personal injury attorney files a legal action, that filing kills two birds with one stone. Defective implant survivors receive compensation. At the same time, companies face financial and reputational consequences.

Most attorneys file negligent failure to warn legal actions in these cases. Companies pride themselves on quality control measures. These companies are fully aware that the products they sell are defective. They just hope that if survivors file legal actions, they can beat those legal actions in court. These legal actions have basically four components:

Duty: Exactech and other companies have a duty to identify device safety issues—such as improper oxidation protection—and a duty to warn customers about them. This warning must be proportionate to the risk.
Breach: Exactech and other companies breach their duty of care when they do not warn customers or do not adequately warn them (e.g., placing a device failure warning on a long list of mild side effects). A personal injury lawyer typically partners with an industry expert who establishes the standard of care and testifies about the breach of care.
Cause: In most states, survivors must prove, by a preponderance of the evidence (more likely than not), that the failure to warn substantially caused their injuries. The standard is slightly different in some states. Plaintiffs must also establish foreseeability (possibility) of injury.
Damages: Device failure causes physical injuries. Device failure also causes emotional injuries. Compensation is available for both.

Assumption of the risk is one of the most common defenses in weak-warning cases. Companies like Exactech include serious side-effect warnings in the fine print. These warnings could reduce compensation in the case if the survivor saw the warning, could read the warning, and could understand what the warning meant.

In most states, jurors must divide injury responsibility on a percentage basis. For example, jurors might conclude, based on the evidence, that the company was 80% at fault for using defective packaging, and the survivor was 20% at fault for not heeding the warning.

Work with a Compassionate Defective Exactech Implant Lawyer

If you or a loved one had a defective Exactech hip implant removed after suffering harm, you may have a case, and The Yost Legal Group wants to help you seek justice. Injury victims are entitled to significant compensation for the harms they suffered. Call today: 1-800-967-8529.

Major Issues with Hair Relaxers Lead to Lawsuits

Posted on June 22, 2023July 26, 2024 by Brent Hoffman

Hair relaxers often contain formaldehyde, benzene, and parabens, three known dangerous substances. These products also contain phthalates, bisphenol A, ammonium thioglycolate, guanidine carbonate, dimethyl sulfoxide, and other powerful chemicals that are not entirely safe. As such, according to the U.S. government, women who use hair relaxers have three times the risk of certain kinds of cancer, mostly uterine cancer.

To many people, especially to many product manufacturers, more is always better. Indeed, most consumers want more: more flavor, more choices, more effectiveness, and so on. But as the above statistic indicates, more may be better for sales, but more is not always better for people. Companies have a legal and moral duty to prioritize the safety and well-being of their customers above the money in their customers’ bank accounts.

When companies neglect their legal and moral responsibilities, leading to harm, an experienced personal injury lawyer can step in to hold the companies accountable for their actions. At a minimum, this accountability means paying fair compensation for serious injuries. This accountability also means changing the way a company does business so other people are not hurt in the future.

If you or a loved one has used hair relaxers for more than two years and have developed uterine cancer, you may be entitled to significant compensation for your injuries. Call The Yost Legal Group at 1-800-YOST-LAW for a free consultation with an experienced hair relaxer attorney.

Negligent Hair Relaxer Manufacturers

There is evidence that L’Oréal, Pantene, Revlon, Softsheen Carson, and other companies knew about the dangerous side effects of routine exposure to the harmful chemicals in their products. Ultimately, they did nothing to warn consumers about the risks and instead chose profits over people.

These companies had plenty of chances to adequately warn customers and otherwise do the right thing. But they did not seize those opportunities. Now, it is necessary to go to the next level.

In only a few months, survivors have already filed hundreds of legal actions. Like many other environmental hazard lawsuits, authorities have consolidated these actions and all actions to be filed in a single federal court, at least for pretrial purposes.

These actions allege the same basic facts and make the same fundamental claims. Hair relaxer companies kept selling these creams and ointments, even though they knew about the greatly elevated uterine cancer risk. This consolidation, which lawyers call multidistrict litigation (MDL) consolidation, is usually good for survivors.

Plaintiffs from across the country pool resources in their legal fight against large chemical companies. Additionally, the MDL process usually includes several bellwether trials so both sides accurately determine the strength of their claims and defenses. Finally, if a case does not settle, it usually returns to its original jurisdiction for trial. In that case, a personal injury lawyer retains something of a “home-field advantage.”

Damage Awards Available for Victims

Cancer treatments are much more effective today than they were in decades past. But progress is not cheap. Cancer treatments are also substantially more expensive today than they were 30 years ago. Without sufficient financial resources, uterine cancer victims have little chance of survival.

Even if a health insurance plan pays these expenses, the plan normally only covers about 80% of the cost. That’s a pretty big “if.” Most group health plans exclude injury-related costs.

An experienced personal injury lawyer not only obtains compensation for past medical bills, but also they obtain compensation for future medical expenses and other economic damages such as lost wages.

Modern cancer treatments are also incredibly painful. In fact, the pain of cancer barely outweighs the pain of cancer treatments. Survivors should not have to bear their pain and suffering alone and without compensation. Since the hair relaxer company caused this emotional distress, the hair relaxer company should pay for it.

We mentioned the social justice aspect of these lawsuits above. Companies will not alter their business practices unless they must also pay substantial punitive damages. These damages are available if there is clear and convincing evidence that the company intentionally disregarded a known risk.

Compassionate Hair Relaxer Lawyers Available

If you or a loved one has developed uterine cancer after regular use of a hair relaxer for over two years, call the compassionate hair relaxer lawyers at The Yost Legal Group today: 1-800-967-8529. There is no fee unless you recover.

Dangerous Product Recalls Soaring in 2023

Posted on June 12, 2023June 12, 2023 by Brent Hoffman

During the first quarter of 2023, product recalls surged over 14% to a four-year high. “‘As the number of recall events increases across industries, the risk to manufacturers grows more serious with increased regulatory enforcement and a more publicized recall process,’” said Chris Harvey, the Sedgwick senior vice president of brand protection.

He continued: “‘Regulators are working to prioritize product safety while balancing innovation with oversight — meaning manufacturers can expect to contend with new rules and regulations. Businesses will need to remain agile to keep pace with these changes and prepare for future ones.’”

Getting into Court for a Defective Product

Statute of limitations and a failure to state a proper claim are two of the most common procedural obstacles in product liability matters. The toxins in many drugs and other products often cause diseases (e.g., cancer) that can remain hidden for decades.

Usually, the injury statute of limitations in Maryland is only two years. Therefore, by the time victims of a defective product know they have an illness, the statute of limitations, which ends a survivor’s right to obtain compensation, has long ended.

However, the discovery rule protects survivors in these situations. Assume John Doe worked in construction in the 1970s and inhaled asbestos fibers. Typically, mesothelioma, asbestosis, and other asbestos-exposure-related conditions remain hidden for at least fifty years.

The discovery rule is like a snooze bar on the statute of limitations alarm clock. Survivors need not file claims until they know the full extent of their damages and connect those damages with a wrongful actor’s misconduct. But corporations also have protections and ways to fight against the discovery rule.

In law, the Federal Rules of Civil Procedure Rule 12(b)(6) states that, even if a Baltimore personal injury attorney’s allegations are true, they do not support the claim for relief. While this rule might seem limiting for victims and their legal representation, an experienced Baltimore City personal injury lawyer is able to fight back using the methods outlined below.

If you or a loved one has been severely harmed by a defective product, you may have a case. Contact the experienced defective product attorneys at The Yost Legal Group today for a free and confidential consultation: 1-800-YOST LAW.

Proving a Case

Failure to warn, a negligence claim, is one of the most common defective product claims in the United States. Generally, companies have a duty to properly warn customers about known product defects or side effects. Companies often bury such information so that knowledge does not adversely affect sales. If a failure to warn caused damages, the survivor is entitled to compensation.

Plaintiffs must prove all these elements by a preponderance of the evidence (i.e., more likely than not).

Other dangerous product claims include manufacturing or design defects and public nuisance. Companies are strictly liable for the injuries their defective products cause. Public nuisance, a claim that has a lot of moving parts, is basically a hybrid between a strict liability product defect claim and a negligent failure to warn claim.

All three kinds of claims usually settle out of court. If informal settlement negotiations break down, and they often do, judges usually appoint mediators to get things going again.

A mediator ensures that both sides negotiate in good faith. Basically, that means each side must honestly want to settle the case during mediation and not go through the motions and wait for trial. Mostly because of the good faith negotiation duty, mediation is about 90% successful.

Experienced Baltimore City Personal Injury Lawyers

The Yost Legal Group has been serving the people of Baltimore City, Maryland, and the United States for 35 years and counting. Our team of personal injury lawyers are compassionate, experienced, and ready to help.

If you or a loved one has been severely harmed by a defective product or toxic exposure as a result of negligence, you may have a case. For a free consultation with an experienced Baltimore City personal injury lawyer, contact the Yost Legal Group: 1-800-967-8529.

Examining the Complexities with Prosecuting Online Predators

Posted on June 9, 2023July 25, 2024 by Brent Hoffman

Many people say things anonymously online they would never say to someone else in person. For the most part, the law protects this kind of “speech.” Generally, the First Amendment guarantees free speech unless that speech hurts someone else. This freedom, along with the fact that online posters and chatters are anonymous, makes online sexual predator cases very complex.

Criminal prosecutors often do not vigorously pursue online-predator cases because the investigations are so time-consuming, and the possibilities of a conviction are relatively low. The burden of proof in criminal court is beyond any reasonable doubt.

However, an experienced and diligent sexual abuse survivor lawyer can step in to protect the survivor’s rights. The burden of proof in civil court is only a preponderance of the evidence or more likely than not. The lower burden of proof makes it easier to obtain compensation and justice in civil court.

If you or a loved one was sexually abused by an online predator as a minor, you are entitled to compensation and justice if you are ready to come forward. Call the compassionate sexual abuse survivor lawyers at The Yost Legal Group today for a free and confidential consultation: 1-800-YOST-LAW.

Libelous Statements/Posts

Inflammatory statements about a person’s sexual past or preferences may be the most common libelous online posts. In fact, earlier this week, we published a blog post about how courts recently redefined online sexual abuse and harassment by expanding the qualifications.

Then there is the so-called “revenge porn,” which is usually posting explicit photos of another person without that person’s consent, which comes in as a close second for common types of libelous online content.

Though technology exists to unveil online certain aspects of online anonymity (e.g., investigators can trace IP addresses and identify the device that the predator used to post), in criminal court, the originating device alone might not be sufficient evidence. That is especially true if the device was not password protected and several individuals had access to it.

Things are different in civil court. If a sexual abuse survivor lawyer traces a post or picture to a device belonging to someone in John Doe’s home or office, it is more likely than not that that person hit “send,” even if he was not the primary user.

Criminal prosecutors usually are not interested in such cases unless several people got hurt, the poster made widespread threats, or there was further evidence to identify the abuser. But a sexual abuse survivor attorney works for compensation and justice for the abused individual, whether the case is large or small.

Dangerous Statements

Assume John Doe posted comments threatening to physically harm Sara if she dated another man. Usually, in criminal court, Richard must commit an overtly physical act, like intercepting Sara on her way home, for charges to hold up in court. But in civil court, a sexual abuse survivor lawyer could use the intentional infliction of emotional distress doctrine to obtain compensation based solely on Richard’s posts.

Compensation is available if an attorney connects John Doe to the threatening post. Also, as mentioned, that is easier to do in civil court than in criminal court.

However, most online predator civil cases settle out of court. These settlements avoid emotional confrontations, which in many cases, is exactly what the online predator wanted. These resolutions also give survivors more control over the outcome. Many survivors need to feel empowered as opposed to victimized.

Compensation and Justice for Sexual Abuse Survivors

A survivor of sexual abuse and harassment is never at fault. If you or a loved one is a survivor of online sexual abuse and harassment, your opportunity for justice is just a phone call away. The compassionate and experienced sexual abuse survivor attorneys at The Yost Legal Group are ready to listen and ready to fight for you. If you are ready to talk, we are ready to help. Call today: 1-800-967-8529.

MD Choir Director Resigns in Sex Abuse Scandal

Posted on June 9, 2023July 26, 2024 by Brent Hoffman

The director of the Catholic Church-affiliated Maryland State Boychoir, a redacted name from the sweeping Attorney General sex abuse report, has resigned. His name has since been revealed by The Baltimore Sun. Frank T. Cimino, Jr. was the minister of music at St. Thomas More Catholic Church when he allegedly sexually abused a choirboy in the 1970s. He was fired from the position in 1987 amid the allegations and went on to found the Maryland Boychoir that very same year.

The Boychoir was based at St. Matthew United Church of Christ in northeast Baltimore and has been named an official goodwill ambassador of the state of Maryland, performing at the White House, the Vatican, and other prominent locations.

If you or a loved one was sexually abused as a minor by a member of the Catholic Church, you are not alone. You are not at fault. When you are ready to talk, the compassionate child sexual abuse survivor lawyers at The Yost Legal Group are here to help: 1-800-YOST-LAW.

Effects of Childhood Sexual Abuse

Sexual abuse has immediate and long-term consequences for childhood survivors. Sex abuse is any unconsented physical or non-physical contact calculated, at least in part, to gratify the abuser’s sexual urges. Children cannot consent to such conduct as a matter of law.

Immediately or shortly after sexual abuse, especially in an institutional setting, survivors often show symptoms like:

Nightmares and or other sleeping difficulties
Withdrawn behavior
Angry outbursts
Anxiety
Depression

Some survivors show these symptoms, while others show none. An ounce of prevention could be worth a pound of cure. Teach children about body safety and healthy body boundaries. Also, encourage open communication about sexual matters that the child, or the caregiver, might consider embarrassing.

This cure often involves extensive therapy. A compassionate and experienced Baltimore City childhood sexual abuse survivor lawyer can help survivors obtain the compensation and resources they need to fight their trauma.

These effects are age specific. For example, a young child may act out by running away from a “bad man” repeatedly. The play may or may not be specific to the sexual abuse. Additional signs of stress, an increase in oppositional or withdrawn behavior, tantrums, or nightmares, are red flags as well.

Other young children engage in age-inappropriate sexual behavior, such as trying to engage another child in oral-genital contact or simulated intercourse. These survivors also often say their bodies are “hurt” or “dirty.”

As children grow into adolescence and develop more autonomy, the difficulties they can get into may be more serious. Teenagers might be more likely to abuse substances or engage in high-risk behaviors, including indiscriminate sexual behavior.

A teenager avoiding traumatic reminders may withdraw socially. Cutting, self-harm, and suicidal behaviors are also more common among adolescents.

Childhood sexual abuse also affects adult personal and professional relationships. These survivors do not know why they have a hard time functioning at work or home. Not knowing exacerbates the problem.

Frank T. Cimino, Jr., Sexual Abusers, and the Law

Frank T. Cimino, Jr. was just one of 156 named sexual abusers in the Maryland attorney general’s report. Cimino sexually abuse a choirboy in the 1970s. Why did he see no consequences until he was fired in 1987? Why was he able to get a new job working with children? Why was there no follow up by the police?

Too often, the Catholic Church and churches of all Christian denominations hide the abhorrent behavior of their ministers and priests. They are supposed to be trustworthy authority figures.

We have also seen area police allow various churches to handle these criminal matters on their own, which usually just means a “shuffling of the deck” of priests from one church or parish to another. This is not justice.

An experienced childhood sexual abuse lawyer typically uses one of two legal doctrines—negligent hiring and negligent supervision—to obtain compensation in these cases.

Usually, negligent hiring is hiring a person and not asking the right questions or performing the appropriate background checks. Dropping the matter prematurely could also be negligent. For example, if John Doe’s former boss says some “personal issues” led to his resignation, John Doe’s possible future boss should ask the former boss to be specific.

Negligent supervision is generally ignoring a problem or sweeping it under the rug. The Maryland Catholic Church, along with other organizations inside and outside the state, negligently supervised its employees for decades. These organizations had a chance to do the right thing. Since they did not do so, damages in these cases are often substantial.

Survivors Are Entitled to Significant Compensation

If you or a loved one is a childhood sexual abuse survivor ready to seek the justice you deserve, The Yost Legal Group is here to help. All of our consultations are confidential. All of our consultations are free. You are not alone. This was not your fault. If you are ready to talk, we are ready to listen. Call our compassionate childhood sexual abuse survivors today: 1-800-967-8529.