Author: Loni Liss

NEC Disease Linked to Cow’s Milk Formula Enfamil and Similac

Posted on by Loni Liss

Necrotizing Enterocolitis Afflicts Premature Babies Fed Cow’s Milk Formula

In most cases, baby formula is a safe choice for newborns. This is true if you follow standard guidelines and feeding practices. The United States Food and Drug Administration (FDA) website has a detailed report on infant formulas. This report lists approved manufacturers and their products.

It also highlights the best practices for feeding formula to a baby. However, one major issue regarding cow’s milk baby formula arises when a baby is born prematurely.

According to most modern studies and evidence, premature babies should not be fed cow’s milk baby formula.

A 2020 study by the National Institute of Health’s (NIH) National Library of Medicine found that even milk-based fortifiers in conjunction with a base diet of breastmilk had a negative impact on premature infants’ health.

The consensus and evidence regarding the use of cow’s milk baby formula on premature babies are pretty clear. It often results in the development of necrotizing enterocolitis (NEC), a serious and potentially deadly condition.

If you or a loved one had a premature baby that was diagnosed with necrotizing enterocolitis (NEC), you may have a case if your baby was fed a cow’s milk formula. The experienced NEC lawyers at The Yost Legal Group are here to help you and hold the manufacturers accountable for their negligence.

premature baby that was diagnosed with necrotizing enterocolitis (NEC)

What is considered a Premature Birth?

Colloquially, people talk about human pregnancy in terms of months and frequently say that it lasts about nine months. However, doctors and other medical professionals talk about human pregnancies in terms of weeks.

The average length of a full-term human pregnancy is 40 weeks, which is a little longer than just “nine months.” However, as long as the pregnancy lasts at least 37 weeks, it is still considered a “full-term pregnancy.”

Anything under 37 weeks is considered a “premature birth,” i.e., the baby is born too early. However, not all premature births are the same. The earlier the birth, the greater the health risk to the baby, outcomes that can be long-term, lifelong, or even fatal.

According to the Mayo Clinic, a newborn can be:

·     Late Preterm: born between 34 and 36 completed weeks of pregnancy

·     Moderately Preterm: born between 32 and 34 weeks of pregnancy

·     Very Preterm: born between 28 and 32 weeks of pregnancy

·     Extremely Preterm: born before 28 weeks of pregnancy

The Mayo Clinic does note, however, that “most premature births happen in the late-preterm stage.” And the Cleveland Clinic states that about 10% of births in the United States are premature.

 

Health Risks Associated with Premature Birth

As mentioned, the earlier the birth in terms of the number of weeks completed, the higher the risk of health issues for the newborn. A late-preterm newborn may be as healthy as any baby born after 37 weeks of gestation.

If health factors are present, symptoms can range from mild to serious. However, it is always advised to follow professional medical advice after premature birth, even if symptoms are not readily apparent or seem mild.

Symptoms of premature birth include, but are not limited to, the following:

·     Small-sized/underweight baby

·     Smaller/less-developed brain

·     Problems breathing

·     Problems feeding

·     Low body temperature

·     Newborn jaundice

What causes Necrotizing Enterocolitis (NEC)?

In a 2023 study, the National Library of Medicine (NLM) stated that “necrotizing enterocolitis is caused by bacterial invasion into the intestinal wall.”

When babies are born early, they have not had enough time to grow safely in the womb. The exact way bacteria invade and cause NEC in premature babies remains unclear. A 2023 NLM study found that premature infants have an underdeveloped gastrointestinal tract. This immaturity may lead to necrotizing enterocolitis.

Additional studies, even ones dating back to 2011, have shown a link between premature babies fed with cow’s milk formula and the development of NEC.

Although it is possible for babies who are exclusively fed breast milk to develop NEC, the incident rate is much lower. The Cleveland Clinic also supports this data with its findings that NEC affects 1 in 1,000 premature babies while “the condition only rarely affects full-term infants”, at about 1 in 10,000 full-term babies.

While it is possible to diagnose NEC clinically, doctors often require diagnostic imaging to determine the condition’s stage. Radiography is the most commonly used tool because it can show the intestines and areas affected by the rogue bacteria.

There are three Bell’s stages of NEC:

·     Bell’s stage 1 (suspected disease)

·     Bell’s stage 2 (definite disease)

·     Bell’s stage 3 (advanced disease)

Health Risks Associated with Necrotizing Enterocolitis

NEC is a severe condition that affects the gastrointestinal tracts of premature babies, leading to bacterial infections of the intestinal wall. If diagnosed and treated immediately, the effects of NEC can be minimized. However, doctors can miss symptoms, leading to untreated NEC.

When not treated, bacteria in the gastrointestinal tract can cause serious infections. These infections can kill intestinal tissue and lead to bacteria leaking into other organs. Bell’s stage 3 means the presence of dead tissue or bowel perforations.

In the United States, NEC caused 355 deaths for every 100,000 live births in 2013. The death rate for Black Americans was three times higher than for White Americans.

Symptoms of NEC include, but are not limited to, the following:

·     Abdominal swelling

·     Bloody stools

·     Green vomit

·     Poor feeding

·     Inability to gain weight

·     Organ failure

·     Death

If you or a loved one had a premature baby diagnosed with necrotizing enterocolitis after it was fed cow’s milk baby formula, there is no time to delay. Call or text the experienced NEC lawyers today for a free initial consultation regarding your potential case. Our defective product lawyers will hold these companies accountable for their negligence. We are available for a free consultation at 410-659-6800 to file an NEC lawsuit.

Necrotizing Enterocolitis Lawsuit

We at The Yost Legal Group understand how sensitive this subject is. We are talking about the health, life, and well-being of children—and not just any children, but your children or grandchildren.

For years, we have pursued claims against Abbott Laboratories and Mead Johnson related to this NEC litigation, and the fight is just getting started.

It is time we hold these multinational, billion-dollar companies to account for their negligence in developing and marketing dangerous products. These products are being fed to newborn and premature babies and, in certain cases, causing grave harm, if not death.

If NEC is not caught and treated in time, the damage done to the premature baby might never be fully healed. It could require a lifetime of care. And those affected deserve compensation.

Already, we are seeing cases go to court and settlements reached against the manufacturers of cow’s milk formulas fed to premature infants who would go on to develop NEC. The Yost Legal Group will continue to fight.

Call or text an experienced NEC attorney today for a free case evaluation. Our number is 410-659-6800. There is no charge or fee unless you recover. Our legal team is here to help you get the justice you deserve.

How Grooming Happens & Ways to Protect Children

Posted on by Loni Liss

Grooming involves using persuasion and manipulation. If you’re experiencing the pain of child sexual abuse, it’s important to know that you’re not alone. There are many reasons why these experiences often go unnoticed or unspoken. Please consider reaching out to a trauma-informed therapist who can offer you a safe space to process your feelings and begin your healing journey.

It is important to remember that those who harm children are often individuals familiar with and trusted by them, like healthcare professionals, teachers, school bus drivers, or clergy members.

These individuals may not always resort to physical force. Instead, they might use methods such as play, deception, threats, or other forms of manipulation to involve children and keep them from speaking out.

Our focus should be on creating safer environments and supporting any child who may find themselves in such a difficult situation.

Young children get sexually molested in camp, church and other after school activities

What is Grooming? Key Warning Signs Explained

Grooming is a deliberate and methodical process where an abuser builds trust with a child—and often their family—to facilitate sexual exploitation. It frequently begins with identifying susceptible children who may have certain vulnerabilities, such as low self-esteem, loneliness, or lack of attention at home.

It can include giving gifts or planning special activities to confuse the child. Abusers might also try to make inappropriate touching seem normal or isolate the child from family and friends.

This slowly breaks down any barriers the child might have against inappropriate behavior.

Athletic coach after school grooming students for sexual abuse in Maryland

How Grooming Works and How to Recognize It

One of the most insidious aspects of grooming is how normal it can appear to outsiders. Abusers are adept at presenting themselves as caring figures in the child’s life—sometimes even acting as mentors or friends.

They may integrate themselves into community groups such as schools or sports teams where they have easy access to potential victims. By creating an environment that appears supportive and safe, they effectively mask their true intentions not only from their victims but also from those around them.

As grooming progresses, abusers often escalate their tactics in subtle ways that might not initially raise red flags. This could include introducing sexual content in conversations under the guise of education or jokingly testing boundaries with a physical touch that’s framed as accidental or playful.

These actions gradually desensitize a child to inappropriate behavior while simultaneously conditioning them to maintain secrecy about these interactions.

Child Abuse Statistics Every Parent Should Know

Retrospective research shows that 1 out of 6 boys will experience some form of sexual abuse before the age of 18.

Centers for Disease Control and Prevention. (2005)

Approximately 90% of children are abused by someone known to them, usually someone they know and trust.

Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Sexual Assault of Young Children as Reported to Law Enforcement (2000)

African American children have almost twice the risk of sexual abuse than white children.

Sedlak. Supplementary Analyses of Race Differences in Child Maltreatment Rates in the NIS–4. (2010)

Only about 38% of child sexual abuse incidents/cases are identified, and even fewer are reported.

London, et al. Disclosure of child sexual abuse: What does the research tell us about the ways that children tell? (2003)

Male adult child sexual abuse victims are 2.6 times more likely to report substance use problems (65% versus 25% in the general population).

Simpson, T.L. & Miller, W.R. (2002)

80% of children who have been sexually abused have some PTSD symptoms (post-traumatic stress disorder).

Shanta R. Dube, et al. Long-Term Consequences of Childhood Sexual Abuse by Gender of Victim. (2005)

School teacher or guidance counselor grooming a student for sexual molestation

It’s Not Your Fault—Support for Survivors

Survivors of child sexual abuse often find themselves feeling isolated and withdrawn from the people around them. It’s important to know that there are allies who understand, believe in your story, and are here to support you on your healing journey.

It’s not uncommon for survivors to feel guilty or blame themselves for what happened. However, you must remember that the abuse was never your fault. Those in positions of authority, such as church leaders, failed to protect you, and holding them accountable is crucial.

Legally, you have rights and options. A child sexual abuse attorney can act as a powerful advocate, offering protection and legal recourse against abusers. If the abuse happened in a place like a school, church, or detention center, it’s essential to share your story.

A sexual assault lawyer works closely with sexual assault survivors, providing gentle care and support. If you experienced abuse under the age of 18 in an institution or government facility, we can help you seek justice.

You’re Not Alone—The Yost Legal Group Can Help

The Yost Legal Group is committed to helping you seek justice. Our child sexual abuse lawyers in Baltimore, Maryland, are here to help you file a lawsuit. The Child Victims Act of 2023 protects survivors. It allows them to come forward no matter how long ago the abuse occurred.

Were you raped in a juvenile jail in the state of Maryland? Did you suffer child sexual abuse in a school or camp program? Were you molested in an institution or hospital? We can help you file a civil case.

Remember, you deserve to be heard, to receive justice, and to secure financial compensation. Contact The Yost Legal Group at 800-967-8529 for compassionate and confidential legal assistance. We’re here to listen and stand with you when you’re ready to talk.

Optetrak Patella Implant Device Exactech Recall

Posted on by Loni Liss

A letter was recently sent to surgeons, hospitals, and healthcare professionals announcing the voluntary recall of the Exactech Optetrak Patella implant device.

The voluntary Exactech recall concerns Patella lots that were packaged without the ethylene vinyl alcohol (EVOH) layer. Experts advised doctors not to implant these potentially harmful devices packaged in faulty packaging.

Medical professionals were advised to stop using the product immediately and set aside any that might be affected. They were instructed that healthcare professionals should report any adverse reactions or noticeable quality issues as patients come forward.

Our attorneys handle Exactech recall lawsuits nationwide. If you’ve experienced failure of an Exactech knee, hip, or ankle implant that was recalled, leading to revision surgery, we’re here to help.

Stay informed with the latest updates and insights on this page.

Don’t overlook your rights—contact our product liability lawyers at 800-967-8529 or online. You won’t incur any fees unless you receive financial compensation.

Exactech Optetrak Patella recalled medical device

Exachtech Addresses Oxidation Risk with Packaging Recall

From 2004 to August 2021, Exachtech used two types of packaging materials in its process: (1) Low-Density Polyethylene (LDPE), Nylon, and EVOH, or (2) LDPE and Nylon without EVOH.

EVOH improves the prevention of oxygen permeation. Thousands of devices were packaged without using an EVOH oxygen barrier layer, which potentially causes unintended oxidation and early degradation of the affected device.

Given the potential for oxidation-related issues, Exachtech voluntarily recalled these lots as a precautionary measure.

The recall emphasizes the importance of surgeons regularly monitoring patients with affected devices for signs of wear and failure. The crucial issue is determining how many thousands of patients might suffer from device-related pain or failure, potentially needing revision surgery.

knee replacement recall lawsuit by The Yost Legal Group

Stay Informed on Patella Device Recall and Risks

The lot-specific voluntary recall relates to Patella devices manufactured from 2004 through August 2021. These devices were marketed as Optetrak and cleared through 510(k): K932690, K933610, and K160484.

All healthcare professionals were instructed to review the following information and take any necessary actions. Then, the information advised diagnostic considerations, such as performing X-rays to evaluate the patient further if device failure is suspected.

Potential issues due to oxidation include:

–             Accelerated device wear or failure

–             Component cracking or fracture

–             New or worsening pain

–             Bone loss

–             Swelling in the affected area

Key Information on Optetrak Device Failures

The recall names all of these knee replacement devices, which could necessitate revision surgery for patients.

Part Number Device Description                                                         Device Identifier

200-02-26        THREE PEG PATELLA 26MM                                    10885862039576

200-02-29        THREE PEG PATELLA 29MM                                    10885862039583

200-02-32        THREE PEG PATELLA 32MM                                    10885862039590

200-02-35        THREE PEG PATELLA 35MM                                    10885862039606

200-02-38        THREE PEG PATELLA 38MM                                    10885862039613

200-02-41        THREE PEG PATELLA 41MM                                      10885862039620

200-03-26        ONE PEG PATELLA 26MM                                         10885862039637

200-03-29        ONE PEG PATELLA 29MM                                         10885862039644

200-03-32        ONE PEG PATELLA 32MM                                         10885862039651

200-03-35        ONE PEG PATELLA 35MM                                         10885862039668

200-03-38        ONE PEG PATELLA 38MM                                         10885862039675

200-03-41        ONE PEG PATELLA 41MM                                          10885862039682

200-05-23        INSET PATELLA 23MM                                              10885862039835

200-05-26        INSET PATELLA 26MM                                               10885862039842

200-05-29        INSET PATELLA 29MM                                               10885862039859

200-07-26        ADVANCED PATELLA 26MM 3 PEG IMPLANT  10885862314260

200-07-29        ADVANCED PATELLA 29M 3 PEG IMPLANT      10885862314277

200-07-32        ADVANCED PATELLA 32MM 3 PEG IMPLANT  10885862314284

200-07-35        ADVANCED PATELLA 35MM 3 PEG IMPLANT  10885862314291

200-07-38        ADVANCED PATELLA 38MM 3 PEG IMPLANT  10885862314307

Exactech lawsuits by The Yost Legal Group

The Hidden Dangers of 510(k) Fast-Track FDA Approvals

Between 1994 and 2017, Exactech secured multiple 501(k) clearances from the FDA for its Optetrak, Optetrak Logic, and Truliant total knee replacement implant systems and components.

The FDA’s 510(k) clearance, known as “fast-track” approval, does not require manufacturers to prove a product’s safety and effectiveness.

This process, known as “premarket notification” or 510(k) clearance, only requires the manufacturer to demonstrate that the device is substantially equivalent to a pre-MDA predicate device.

Consequentially, the FDA can “clear” a new device for sale in the USA. Under the 510(k) process, the component parts used in the Exactech Optetrak Devices were either approved by the FDA or marketed without receiving either 510(k) clearance or full approval by the FDA.

Simply put, not enough product development and testing was done to ensure product safety. This can lead to patient harm and potential recalls, which is precisely what has happened.

Protect Your Rights Against Defective Medical Products

At Yost Legal Group, our priority is ensuring patient safety and achieving effective outcomes for patients with life-altering defective medical products. Our knee replacement lawsuit attorneys will help you file a lawsuit to seek compensation.

Collaborative efforts are essential for the success of actions against medical device manufacturers—especially those who continuously market harmful products.

Our law firm is dedicated to defending the rights of individuals against powerful corporations. Accordingly, when huge medical device manufacturers like Exactech continue to put profits before people, we step in to level the playing field.

Learn about your legal rights. We can file a product liability case on your behalf if you have a defective medical device. The Yost Legal Group is filing the current personal injury lawsuits:

  • Knee replacement recall
  • Shoulder replacement recall
  • Hip replacement recall
  • Exactech lawsuits

Empowering Patients, Challenging Corporations

If you or a loved one had knee replacement surgery in the past ten years and are experiencing pain, a clicking noise, swelling, or any other medical concerns, contact your doctor immediately.

Contact The Yost Legal Group for a free and confidential consultation at 1-800-967-8529. Our personal injury law firm is committed to promptly and transparently addressing potential concerns. If you had knee replacement surgery and are affected by the Exactech knee recall, please contact us.

Hold Exactech accountable for the harm they’ve caused. Our legal team is committed to seeking justice and ensuring they change their ways. A product defect lawyer will file an Exacteck lawsuit on your behalf.

For more information or to discuss your case, call us at 1-800-967-8529 or click this link to request an appointment.

By pursuing an Exactech knee replacement lawsuit, you will help send a powerful message for change. You may qualify for a significant financial recovery.

At The Yost Legal Group, you never have to pay anything upfront. We only get paid after we settle your case. If there is no recovery, no legal fees or expenses are due. Our personal injury law attorneys will provide legal representation with a free case evaluation.

_____________________________________________________________

Consumers are encouraged to report any adverse events or quality concerns related to this recall to the FDA through the MedWatch reporting system. You can go online at the FDA Medwatch Website or call 1-800-FDA-0178.

Zimmer Hip Implant Recall Due to Increased Risk of Bone Fracture

Posted on by Loni Liss

The U.S. Food and Drug Administration (FDA) has issued a critical safety alert regarding the Zimmer hip implant, CPT Hip System Femoral Stem 12/14 Neck Taper. This hip replacement medical device increases the risk of thigh bone fractures after surgery.

This announcement is particularly significant for patients with this hip replacement implant, their caregivers, healthcare providers, and medical facilities.

If you had hip joint replacement surgery with a recalled Zimmer hip implant, you may experience hip implant failure.

On September 18, 2024, Zimmer Biomet contacted U.S. surgeons and sent a letter with FDA recommendations. The letter included a simple guide for talking to patients and details about stopping the CPT Hip System Femoral Stem in the United States.

Contact your medical care provider if you or a loved one are experiencing hip pain after hip replacement surgery. If you have experienced symptoms of hip replacement failure, contact The Yost Legal Group for guidance.

hip pain after hip replacement surgery

FDA Safety Alert Issued September 17, 2024

Attention to patients: The U.S. Food and Drug Administration (FDA) has warned about a higher risk of thigh bone fractures after surgery when using the Zimmer Biomet CPT Hip System Femoral Stem 12/14 Neck Taper.

The FDA’s safety alert underscores alarming findings about the Zimmer Biomet CPT Hip System Femoral Stem 12/14 Neck Taper.

Recent reports and studies indicate that patients with this specific implant have a higher risk of thigh bone fractures. This risk occurs after surgery.

These fractures can happen because of stress at the neck taper junction of the femoral stem. This design flaw weakens the implant over time.

Such complications can lead to severe pain and decreased mobility and require additional surgeries to correct.

These fractures can necessitate surgical intervention, highlighting the urgency of the issue. You may require revision surgery to remove and replace the defective hip implant.

Recommendations for Patients and Caregivers

In response to these findings, Zimmer Biomet has taken immediate action by issuing a follow-up letter to all U.S. surgeons who have utilized this product in their practice.

This letter includes clear FDA recommendations to reduce risks for current patients and guidelines for informing those affected by possible complications.

The letter also offers a plain-language guide designed for surgeons to effectively communicate these risks with their patients, ensuring transparency and fostering trust during this difficult time.

– Talk to your orthopedic surgeon about the pros and cons of each hip replacement option. This will help you make an informed decision that best suits your needs.

– Pay close attention to care after your surgical procedure to reduce the risk of thigh bone fractures after using the CPT Hip System.

– Talk to your doctor if you’ve had a CPT Hip System implant and are experiencing unexpected pain or trouble walking.

– Contact The Yost Legal Group to learn about your legal rights to file a hip replacement lawsuit against Zimmer.

hip replacement surgery causing thigh bone fracture

Device Description of Zimmer Biomet CPT Hip System Femoral Stem 12/14 Neck Taper

The CPT Hip System Femoral Stem is a medical implant used for hip replacements. It is crafted from a cobalt-chromium alloy and features a polished taper slip (PTS) style stem.

A report from the Medicines and Healthcare products Regulatory Agency (MHRA) was released on September 4, 2024. It analyzed the most commonly used PTS Hip Stems in the UK. The report found that the CPT Hip System has about a 1.4% chance of causing a fracture around the thigh bone.

Similar designs have fracture rates ranging from about 0.6% to 1%.

If your artificial hip is causing complications, your metal hip implant may be failing. Hip replacement recovery time differs for everyone based on age, health, and many more reasons.

Zimmer Biomet CPT Hip System Femoral Stem 12/14 Neck Taper recalled

What are the signs of a failed Zimmer hip implant?

Persistent Pain and Discomfort in your hip implant

One of the most common signs that something may be wrong with your Zimmer Biomet hip implant is ongoing pain in the hip.

Some discomfort is expected during recovery after hip surgery. However, if the pain continues or gets worse long after rehab, it is a concern.

This could manifest as sharp, stabbing pains or a constant dull ache that doesn’t go away even with rest. Such pain may indicate issues like loosening of the implant, infections, or even fractures around the implant site.

Limited Mobility and Stiffness in your hip area

Another significant symptom to watch out for is reduced mobility and stiffness in the hip joint. A successful hip replacement should improve your range of motion.

A successful hip replacement should help you move better. If you have trouble with daily activities like walking, bending, or climbing stairs, it could mean a problem with your implant.

The surrounding muscles and tissues might also feel unusually stiff or swollen.

Audible Clicking Sounds from your hip replacement

Hearing strange sounds like clicking or popping when you move your hip can be concerning. These noises may indicate a problem with your Zimmer Biomet implant.

These noises often arise due to parts of the implant not fitting together correctly or becoming misaligned over time.

It’s important to seek medical advice if you detect any abnormal sounds coming from your hip joint because they can precede more severe complications.

Inflammation and Swelling around the hip implant area

Persistent inflammation and swelling around the affected hip are other indicators that something might be amiss with your implant.

Normal swelling after surgery should go down slowly. However, if you have ongoing swelling with warmth around the joint or redness down your leg, it may indicate an infection.

It could also be a bad reaction to metal debris from wear and tear on your Zimmer Biomet device.

A feeling of Instability and Dislocation of your hip replacement implant

If you feel instability in your hip joint, it may give way under pressure. This is a warning sign of possible failure in your Zimmer Biomet hip replacement.

In severe cases, patients might experience dislocation where the ball slips out of its socket entirely – an urgent medical emergency requiring immediate attention.

This instability can result from improper positioning during surgery, wearing out components over time leading to loosening, or weakened surrounding musculature unable to support proper alignment.

Unique Device Identifier (UDI)

The FDA created a unique identification system to track medical devices from their production to when they reach patients in the United States. To learn more about this system, visit the Unique Device Identification System (UDI System).

What are your legal rights to file a hip replacement lawsuit?

The Yost Legal Group is a top-rated personal injury law firm focusing on product liability lawsuits, such as defective hip replacement implants. There have been many Zimmer Biomet hip replacement recalls.

Our team has experience with defective medical device cases like yours. Our product liability law firm is ready to handle complex legal issues. We can file a hip implant lawsuit for you to recover damages like pain and suffering.

We understand that you’ve already endured significant physical pain and emotional distress due to your initial hip replacement surgery. It is compounded by learning about potential defects in your implanted hip replacement device.

If you are experiencing pain or bone loss due to your Zimmerman Biomet hip replacement implant, call us for a free consultation.

Contact The Yost Legal Group for help.

If you are facing another round of corrective surgery, you don’t have to face these challenges alone.

Contact The Yost Legal Group at 800-967-8529 for a free consultation to learn about your rights. You can also fill out the form on our website and we will contact you shortly.

You’ll receive guidance on how best to proceed legally against manufacturers who failed you through negligence or oversight. If you need a revision hip replacement surgery because of complications, including side effects and long-term pain, call us.

We will file a product liability claim against the medical device manufacturer on your behalf.

PA May Change Child Sexual Abuse Law

Posted on by Loni Liss

More Than 20 States Have Recently Reformed Their Statute of Limitation for Child Sexual Abuse

Pennsylvania law allows survivors of childhood sexual abuse to file civil lawsuits against their abusers up to the age of 55.

Their law is similar to the law that existed in Maryland for years until Governor Wes Moore signed Maryland’s Child Victims Act of 2023 in April of that same year.

Maryland’s new law removed the statute of limitations (SOL) for all childhood sexual abuse survivors. Pennsylvania Governor Josh Shapiro is looking to sign a similar bill into law for his state despite pushback and stalling in the Pennsylvania Senate.

Thirteen year old girl sexually assaulted in Maryland at Juvenile detention center in Baltimore.

What defines child sexual abuse?

Child sexual abuse is a serious issue that must be clearly understood and addressed. It’s important to tell the difference between cases with minors and those with adults. Cases with an adult and a child under the age of 15 are child sexual abuse.

PA Laws on Child Sexual Abuse

The statute of limitations on sexual abuse in PA is no one can legally have sex with anyone under the age of 15. Any sexual act, including sexual abuse in school, sexual abuse by teachers, or a sexual act by a school employee, is 100% illegal.

Statutory rape, which is being molested as a minor, can sadly affect the survivor’s mental health for years to come.

A legal option is to file a criminal and/or civil claim to recover financial compensation.

  • Clear Definition: Child sexual abuse occurs when an adult engages in sexual activities with a minor.
  • Age of Consent: A minor is defined as anyone below the legal age of consent in their state. They cannot legally consent to sexual activities with an adult.
  • Adult Responsibility: The responsibility to prevent these interactions lies entirely with the adult.

Recognizing these fundamentals helps in identifying and preventing child sexual abuse, ensuring the protection of children, and upholding their rights.

In Pennsylvania, the age of consent is 16 years old. However, teens above the age of consent but below the age of 18 still cannot consent to sexual relations with an adult when there is an imbalance of power.

Statutory Sexual Assault occurs when there is a significant age difference between partners and one is below the age of consent. It’s considered a felony if:

  • One partner is 13, and the other is 17 or older
  • One partner is 14, and the other is 18 or older
  • One partner is 15, and the other is 19 or older

The state of Pennsylvania may change their laws on statute of limitations for childhood sexual abuse claims

What is Institutional Sexual Assault in PA?

In Pennsylvania, certain relationships have power imbalances that make consent impossible, no matter the age of those involved. It’s a felony called institutional sexual assault when someone in a position of authority, like a teacher or coach, engages in sexual activity with someone at a school, jail, group home, or any other licensed facility for youth.

For example, a 17-year-old cannot consent to sexual relations with their doctor, employer, or teacher. Coaches, jailers, and religious advisors also fall under this “power imbalance” designation.

Pennsylvania refers to those kinds of situations as “institutional sexual assault.”

Teenage girls in juvenile detention centers in Pennsylvania are being sexually molested by guards

What Are Different Types of Child Sexual Abuse?

“Sexual abuse” is an umbrella term, but there are two main types that a specific act of sexual abuse could be categorized as physical and non-physical.

Physical forms of child sexual abuse include touching a minor’s genitals, having a child touch someone else’s genitals, penetration of an orifice, or even just kissing.

The physical forms of sexual abuse are straightforward because they are readily apparent. They can be observed and communicated.

Non-physical forms of child sexual abuse include showing pornographic material to a minor, exposing someone’s genitals to a minor, forcing a minor to expose their genitals, or taking explicit photos of a minor.

The non-physical forms of child sexual abuse can be more difficult to explain when survivors are ready to report their experience. Another term for some of this non-physical child sexual abuse is “grooming.”

Predators can groom a child by exposing them to sexual content, material, and situations without actively touching them. It is emotional and mental abuse and manipulation that is meant to familiarize the child with explicit content in hopes of taking advantage of them later on.

But let there be no mistake about it: Grooming a minor is a form of non-physical child sexual abuse. It is illegal.

If you or a loved one was sexually abused as a minor in the state of Pennsylvania, you have until the age of 55 to file a civil lawsuit against your abuser. However, there is hope that the state’s lawmakers can pass their version of a “Child Victim’s Act” to remove the statute of limitations for childhood survivors of sexual assault.

Call or text The Yost Legal Group today if you have any questions or concerns: 410-659-6800.

Facts About Childhood Sexual Abuse

Child sexual abuse is a severe and pervasive problem worldwide. In the U.S., according to the Rape, Abuse, and Incest National Network (RAINN), child protective agencies receive a verified report or evidence of such abuse every nine minutes.

Annually, more than 65,000 children fall victim to sexual abuse. This number represents individual children, not just reports or incidents. It’s a truly staggering figure.

Even more distressing is that many of these children experience multiple instances of abuse over a year.

Approximately 25% of adult women report being survivors of child sexual abuse. While the figure for men is lower at about 7.5%, this still equates to one in thirteen men, highlighting a significant and troubling issue.

Impact of Childhood Sexual Abuse on Survivors

Experiencing childhood sexual abuse is classified as an adverse childhood experience (ACE). Such traumatic events can have enduring effects on both the mental and physical health of survivors.

Research published in 2021 by Frontiers in Neuroscience highlights that survivors are at a higher risk of engaging in behaviors like drug use and self-harm. The study also notes that survivors face an increased likelihood of contracting sexually transmitted infections during their lifetime.

Furthermore, information from HIV.org emphasizes the importance of immediate intervention within the first 72 hours following a sexual assault to prevent HIV.

Girls who survive childhood sexual abuse also face the added risk of unwanted pregnancies, posing further complications to their well-being.

Common adverse side effects to surviving childhood sexual abuse:

  • Post-traumatic stress disorder (PTSD)
  • Depression
  • Suicidal ideation
  • Eating disorders
  • Substance abuse

If you or a loved one is a survivor of childhood sexual abuse in the state of Pennsylvania, you have until the age of 55 to seek legal justice against your abuser and the institution that harbored them. Contact the compassionate lawyers at The Yost Legal Group today for a free consultation.

Will a “Child Victim’s Act” pass in Pennsylvania?

As mentioned, in Pennsylvania, survivors of childhood sexual abuse have until the age of 55 to file a civil suit against their abuser. That is the statute of limitation. Once a survivor turns 56, their statute has expired. There is no legal action a survivor can take from there.

Some people think giving survivors time up to the age of 55 is more than enough. However, the data does not back up that opinion because of a phenomenon called “delayed disclosure.”

In a 2020 paper titled “Delayed Disclosure,” Child USA, a national think tank for child protection, found that “the average age at the time of reporting child sex abuse is about 52 years.”

Fifty-two years might be lower than Pennsylvania’s statute, but fifty-two years was the average. With the average at fifty-two years, there are thousands of people every year who report for the first time who are older than 52 and even older than 55.

They should not lose their right to seek justice on the technicality of a few years. They are the survivors of a heinous crime and deserve their chance at justice when they feel they are prepared for it.

Child USA’s findings remained consistent in their 2024 “Delayed Disclosure” factsheet.

51% of survivors first disclosed their abuse between the ages of 50 and 69, much higher than the second-place age group of ages 30 to 49, which accounted for 17% of disclosures.

Pennsylvania’s Fight for Justice: Extending Abuse Survivor Protections

It is incumbent upon the politicians of Pennsylvania to pass whatever law is necessary to give survivors the appropriate time to come forward. A statute of limitations cutoff at 55 simply is not sufficient given everything we know about the psychology and trauma of surviving childhood sexual abuse.

Some members of Pennsylvania’s legislature are pushing for change. However, others are steadfast in their stance on not changing the statute.

Governor Shapiro had some choice words for those who wish to hinder progress:

“I think it’s shameful, and I’ve said this many times, that the Senate of Pennsylvania has failed to act, has been unwilling to look these survivors in the eye and pass a statute of limitations window to allow those who’ve been abused to confront their abusers in a court of law.”

The Yost Legal Group’s child sexual abuse lawyers are closely monitoring Pennsylvania’s statute of limitations window. If a new law is created, childhood sexual assault survivors will be able to seek justice at any time. Our sexual abuse attorneys will take cases to help them fight against their abusers.

Were you sexually abused as a minor in Pennsylvania? the compassionate sexual abuse survivor lawyers at The Yost Legal Group are here to help, listen, and provide guidance. Call or text today at 410-659-6800.

Necrotizing Enterocolitis Linked to Enfamil and Similac Infant Formula

Posted on by Loni Liss

Studies show Necrotizing Enterocolitis afflicts premature babies who are fed “cow’s milk-based formula” like Enfamil and Similac. In most cases, baby or infant formula is a safe alternative to breastmilk for newborn babies as long as standard guidelines and feeding practices are used.

The United States Food and Drug Administration (FDA) website hosts a comprehensive report on infant formulas that includes approved manufacturers and individual products. It also highlights the best practices for feeding formula to a baby.

However, one major issue, specifically regarding cow’s milk baby formula, is when a baby is born prematurely. Do not use cow’s milk baby formula to feed your preemie due to the risk of developing NEC.

Cow's milk baby formula fed to your preemie may lead to developing NEC

Why Premature Infants Should Avoid Cow’s Milk Formula

According to most modern studies and evidence, premature babies should not be fed cow’s milk baby formula. Furthermore, a 2020 study by the National Institute of Health’s (NIH) National Library of Medicine found that even milk-based fortifiers in conjunction with a base breastmilk diet negatively impacted premature infants’ health.

The consensus and evidence regarding the use of cow’s milk baby formula on premature babies are pretty clear. It often results in the development of necrotizing enterocolitis (NEC), a severe and potentially deadly condition.

If your premature baby was diagnosed with necrotizing enterocolitis (NEC), you may have a case if your baby was fed a cow’s milk formula. The experienced birth injury lawyers at The Yost Legal Group are here to help you and hold the manufacturers accountable for their negligence.

Necrotizing Enterocolitis Afflicts Premature Babies Fed Cow’s Milk Formula from Enfamil and Similac

What are premature birth risks, and how can They be identified?

People frequently talk about human pregnancy in terms of months and say that it lasts about nine months. However, doctors and other medical professionals talk about human pregnancies in terms of weeks.

The average length of a full-term human pregnancy is 40 weeks, which is a little longer than just “nine months.” However, as long as the pregnancy lasts at least 37 weeks, it is still considered a “full-term pregnancy.”

Anything under 37 weeks is considered a “premature birth,” i.e., the baby is born too early. However, not all premature births are the same. The earlier the birth, the greater the health risk to the baby, outcomes that can be long-term, lifelong, or even fatal.

According to the Mayo Clinic, a newborn can be:

  • Late Preterm: born between 34 and 36 completed weeks of pregnancy
  • Moderately Preterm: born between 32 and 34 weeks of pregnancy
  • Very Preterm: born between 28 and 32 weeks of pregnancy
  • Extremely Preterm: born before 28 weeks of pregnancy

The Mayo Clinic does note, however, that “most premature births happen in the late-preterm stage.” The Cleveland Clinic states that about 10% of births in the United States are premature.

What are the Health Risks Associated with Premature Birth?

As mentioned, the earlier the birth in terms of the number of weeks completed, the higher the risk of health issues for the newborn. It is entirely possible that a late-preterm newborn is as healthy as any baby born after 37 weeks of gestation.

If health factors are present, symptoms can range from mild to serious. However, it is always advised to follow professional medical advice after premature birth, even if symptoms are not readily apparent or seem mild.

Symptoms of premature birth include, but are not limited to, the following:

  • Small-sized/underweight baby
  • Smaller/less-developed brain
  • Problems breathing
  • Problems feeding
  • Low body temperature
  • Newborn jaundice

Cow's milk based infant formula leads to Necrotizing Enterocolitis

What is Necrotizing Enterocolitis (NEC)?

In a 2023 study, the National Library of Medicine (NLM) stated that “infant necrotizing enterocolitis is caused by bacterial invasion into the intestinal wall.”

When a baby is born prematurely, they have not had the full gestational period to develop safely in the womb.

Though the exact mechanism that causes the bacterial invasion that leads to NEC in premature babies has not yet been determined, the 2023 NLM study found that “gastrointestinal tract immaturity [in premature neonates] is believed to play a role in the pathogenesis of necrotizing enterocolitis.”

An NEC preemie with NEC symptoms is frightening to new parents.

Additional studies, even ones dating back to 2011, have shown a link between premature babies fed with cow’s milk formula and the development of NEC.

Although it is possible for babies who are exclusively fed breast milk to develop neonatal necrotizing enterocolitis, the incident rate is much lower.

The Cleveland Clinic also supports this data with its findings that NEC affects 1 in 1,000 premature babies. In comparison, “the condition only rarely affects full-term infants,” about 1 in 10,000 full-term babies.

While it is possible to diagnose NEC disease clinically, doctors often require diagnostic imaging to determine the condition’s stage. Radiography is the most commonly used tool because it can show the intestines and areas affected by rogue bacteria.

There are three Bell’s stages of NEC:

  • Bell’s stage 1 (suspected disease)
  • Bell’s stage 2 (definite disease)
  • Bell’s stage 3 (advanced disease)

What are the Health Risks Associated with Necrotizing Enterocolitis?

NEC in preterm infants is a severe condition that affects the gastrointestinal tracts of premature babies, leading to bacterial infections of the intestinal wall.

If diagnosed and treated immediately, the effects of NEC preemie symptoms can be minimized. However, doctors can miss symptoms, leading to untreated NEC.

When untreated, bacteria that enter the gastrointestinal tract can cause severe infections that kill the intestinal tissue and cause bacterial leakage to other internal organs. Bell’s stage 3 means the presence of dead tissue or bowel perforations.

In the United States alone, NEC caused 355 deaths per 100,000 live births in 2013, and the mortality rate for Black Americans was three times higher than for the White population.

Symptoms of NEC include, but are not limited to, the following: (signs of necrotizing enterocolitis)

  • Abdominal swelling
  • Bloody stools
  • Green vomit
  • Poor feeding
  • Inability to gain weight
  • Organ failure
  • Death

If your baby was born premature and diagnosed with necrotizing enterocolitis after it was fed cow’s milk baby formula, there is no time to delay. Learn about filing an NEC lawsuit and get NEC lawsuit updates.

Call or text our experienced product liability lawyers today for a free consultation regarding your potential case. We must hold these companies accountable for their negligence and dangerous products. We are available at no cost to you at 410-659-6800.

Do you Qualify to File a Necrotizing Enterocolitis Lawsuit?

At The Yost Legal Group, we understand the sensitivity of this subject. We are talking about children’s health, life, and wellbeing—and not just any children, but your children or grandchildren.

For years, we have pursued claims against Abbott Laboratories and Mead Johnson related to this NEC litigation, and the fight is just getting started.

It is time to hold these multinational, billion-dollar companies accountable for their negligence in developing and marketing dangerous products.

These products are being fed to newborn and premature babies and, in some instances, causing grave harm, if not death.

If NEC is not caught and treated in time, the damage done to the premature baby might never be fully healed. It could require a lifetime of care. And those affected deserve compensation.

Contact The Yost Legal Group, a wrongful death law firm.

Already, we are seeing cases go to court and settlements being reached. The manufacturers of cow’s milk formula fed to premature infants, leading to NEC, must be held accountable. The Yost Legal Group will continue to fight.

Call or text our experienced defective product lawyers today for a free consultation. We will discuss filing an NEC baby formula lawsuit or a Similac infant formula lawsuit, which will allow us to hold the manufacturers of these dangerous products accountable.

We will help you recover financial compensation for medical treatments, pain and suffering, and whatever your NEC newborn requires.

Contact a baby formula lawyer at 410-659-6800. There is no charge or fee unless you recover. We are here to help you get the justice you deserve.

Similac Lawsuit Settlement Amount – Toxic Baby Formula – Birth Injury Lawsuit – Enfamil Baby Formula  Lawsuit

Birth Injury Lawsuit Settlements – Wrongful Death Lawsuit – Free Case Review

Exactech Issues Equinoxe Shoulder Replacement Recall

Posted on by Loni Liss

The Yost Legal Group’s Experienced Exactech Equinoxe Shoulder System Lawyers Are Taking Cases

Another device, another recall: “Exactech has initiated a recall to remove Equinoxe Shoulder System devices packaged in the defective bags from facilities’ unused inventory,” reads a banner update on the United States Food and Drug Administration (FDA) webpage for Exactech’s Equinoxe Shoulder System. We here at The Yost Legal Group are not surprised.

For years, our experienced Exactech attorneys have pursued Exactech lawsuits. The company has a checkered history. Over the last few years, dozens of defective medical devices, such as ankle, hip, and knee implants, have been recalled.

Many of the recalls stem from the same problem: faulty packaging, which leads to unintended oxidization of the parts.

Now, Exactech is recalling its Equinoxe Shoulder System devices. Exactech recall lawsuits are underway for this defective shoulder implant. If you have had shoulder replacement surgery, you may qualify to file a lawsuit.

Call The Yost Legal Group Today for a free consultation about your defective Exactech Equinoxe Shoulder System device. You may have a case if your Equinoxe Shoulder System implant has been recalled.

Exactech Equinoxe Shoulder Replacement Recall Alert

Exactech Equinoxe Shoulder Replacement Recall Alert

We at The Yost Legal Group wanted to draw attention to this latest Exactech recall because it follows an all-too-familiar pattern of negligence at the company, resulting in defective medical devices.

In fact, Exactech’s website provides a useful database of all its defective and recalled products. That is how common Exactech recalls are. With the latest recall, Exactech now has a defective device from the shoulders all the way down to the ankles.

Did you have a reverse shoulder replacement surgery or a total shoulder replacement surgery? Read about the Exactech shoulder recall in this blog, which will explain the potential risk of needing additional surgery.

Click Here for a List of Recalled Exactech Devices

Seek Legal Advice to Protect Yourself from Exactech's Defective Devices from The Yost Legal Group product liability lawyers.

Seek Legal Advice to Protect Yourself from Exactech’s Defective Devices

Exactech’s negligence affects hundreds of thousands of people who depend upon these devices to maintain or improve their quality of life. Thousands of patients have shoulder joint replacements each year to help them feel better.

Given the dozens of recalls that all stem from the same root cause (defective packaging), Exactech is not taking this very serious issue as seriously as it should. People should feel safe and secure with their implants.

When a shoulder replacement failure occurs, an experienced product liability lawyer and defective medical device lawyer can provide guidance. Medical device company’s failure rates are increasing the risk of requiring additional surgeries for patients.

If you or a loved one has received an Exactech ankle, hip, knee, or shoulder implant that turned out to be defective, you may have a viable legal claim against the company.

Call the experienced Exactech recall lawyers at The Yost Legal Group today for a free consultation and the opportunity to pursue legal justice. We can be reached by phone or text at 410-659-6800.

Exactech Recall Timeline Reveals Negligence Pattern

The pattern of negligence as it pertains to Exactech’s recalled defective medical devices is even more stark when you see some of them laid out in a timeline.

Exactech Recalls for Defective Devices:

  • April 2024: Equinoxe Shoulder System devices in defective bags – Yet again, Exactech packaged its devices in bags that did not meet specifications, this time because of a missing oxygen-barrier layer.
  • April 2024: Optetrak Patella components in defective bags – Exactech sold the Optetrak Patella components in vacuum-sealed bags that did not meet proper specifications for medical devices.
  • June 2023: Shoulder GPS Impactor – “The ball and spring housed within the locking mechanism of the handle can dislodge during disassembly or during impaction.”
  • August 2022: Hip implants with polyethylene packaged in defective bags – Exactech packed these hip components in “non-conforming bags,” which led to accelerated wear.
  •    February 2022: Truliant knee implants—Like Logic and Optetrak, Exactech recalled the Truliant knee implants because their defective packaging could cause product failure.
  • February 2022: Optetrak knee implants—By the time Exactech recalled the devices for defective packaging, over 300,000 Optetrak knee implants had been sold globally.
  • February 2022: Logic knee implants – After selling more than 120,000 units worldwide, Exactech issued a recall because the defective packaging could lead to excessive wear and failure.
  • June 2021: Connexion GXL hip liner – After 89,050 Connexion GXL hip liners were in the marketplace, Exactech determined there was a risk of edge-loading and premature wear.

This is not nearly an exhaustive list of all of Exactech’s defective implant recalls over the last five years.

What are the signs that your Exactech Shoulder Implant may be failing?

How Exactech’s Device Negligence Evolved Over Time

Exactech has several dozens of components and devices in its recalled-products database. Exactech has sold defective products or products that would become defective because of faulty packaging for decades.

Some of these products were sold to hundreds of thousands of people who were just hoping to regain or retain their mobility or the ability to lift their arms over their heads without pain.

If you or a loved one was the recipient of Exactech’s recalled Equinoxe Shoulder System device, The Yost Legal Group’s experienced Exactech attorneys are here to help.

Exactech and the FDA have issued recalls and notices for Exactech’s defective shoulder implant. For a free consultation, call or text us today at 410-659-6800.

How Delayed Exactech Shoulder Replacement Recalls Harm Patients

That is why the experienced Exactech lawyers at The Yost Legal Group are participating in the MDL against Exactech for selling defective ankle, hip, knee, and shoulder implants.

Now, here we are in another year with newer devices and another recall because of defective packaging. Exactech is failing its customers yet again.

These implants are expected to live inside people for years, maybe even decades. People are supposed to trust a company that does not provide its own packaging, right?

What are the signs that your Exactech Shoulder Implant may be failing?

Tens of thousands of people are already in pain because of Exactech’s defective ankle, hip, and knee implants. We can now add the Equinoxe Shoulder System devices to the Exactech lawsuit and recall.

With hundreds of thousands of Exactech devices sold globally over the decades, these devices are like ticking time bombs in people’s bodies.

Exactech seems to have a culture of negligence, which is putting people’s health and well-being at risk.

Symptoms of a defective Exactech ankle, hip, knee, or shoulder implant:

  • Accelerated component/device fatigue
  • Bone fractures
  • Component/device fracturing
  • Debris production
  • Instability at the implant site (after the standard recovery window)

This list of symptoms is not complete or comprehensive. However, it gives an idea of some of the major issues related to defective Exactech implants.

Exactech Lawsuit Assistance—Free Consultations Available

If you think something is wrong with your implant, please make sure to seek medical advice from a medical professional. Adverse side effects from a defective medical implant can be severe and life-threatening.

After consulting with a doctor regarding your health, decide if you would like to pursue a claim against Exactech. We can help you file an Exactech lawsuit for your defective Exactech shoulder implant. Our Exactech attorneys can help you figure out if you have a case.

If you or a loved one was the recipient of a recalled Exactech Equinoxe Shoulder System device, you may have a case in the defective Exactech shoulder replacement lawsuit.

The experienced Exactech shoulder implant lawyers at The Yost Legal Group offer free consultations for potential clients.

Contact our experienced product liability attorneys about seeking compensation with a free case evaluation.

There are no legal fees unless we win your case. Call or text us today at 410-659-6800 to learn more.

Reverse Total Shoulder Prosthesis – Reverse Total Shoulder Joint Replacement – Exactech Lawsuit Attorney

Shoulder Replacement Lawyer – Shoulder Replacement Settlement – Medical Device Attorneys

Safe Driving Tips from Truck Accident Lawyers

Posted on by Loni Liss

Have you ever seen a semi-truck stopped in the roadway or pulled off to the shoulder and thought, “That doesn’t look safe”? Well, that’s because it isn’t. Semi-trucks stopped on the roadway are like an accident waiting to happen. As truck accident lawyers, we’ve seen it all.

According to the Department of Transportation, 6% of fatal crashes involving large trucks occurred when a truck was stopped in the roadway.

Between 2013 and 2022, in the United States, there were 48,308 reported fatalities in crashes involving large trucks.

In other words, in approximately a decade, close to 2,898 people were killed in collisions where large trucks were stopped in the roadway.

Truck accident lawyer in Maryland for accident with a semi-truck

Promoting Safety in Commercial Motor Carriers

There are many ways commercial motor carriers can minimize scenarios when large trucks break down or are carelessly stopped on the roadway.

  1. It is their responsibility to properly train all drivers of big rigs.
  2. It is critical to maintain their vehicles and equipment in top working condition.
  3. They should be engaging in thoughtful and safe route planning.

Promoting safety in commercial motor carriers is a collective effort that requires proper training, vehicle maintenance, route planning, and technology implementation.

By prioritizing safety at every level of operation, commercial motor carriers can reduce the risks associated with large trucks on the roads. They have a responsibility to protect both their drivers and other road users.

Remember – safe driving practices benefit everyone on the road!

Car in Baltimore hit by a tractor trailer

Importance of Truck Driver Training

Driver training is vital to ensuring safety in commercial motor carriers. It involves providing drivers with the necessary skills and knowledge to operate large trucks safely on the road.

This includes understanding traffic laws, defensive driving techniques, vehicle maintenance procedures, and emergency response protocols.

Proper driver training can help prevent accidents caused by human error, such as fatigue, distracted driving, or reckless behavior.

It also promotes compliance with federal regulations and industry standards, reducing the risk of penalties and legal consequences for companies.

How Truck Companies Can Minimize Truck Breakdowns on the Road

Commercial motor carriers can minimize truck breakdowns by conducting regular maintenance checks on all vehicles and equipment. This includes checking the tires, brakes, lights, engine components, and other crucial parts of the truck.

By identifying potential issues early on, carriers can address them before they become major problems that could lead to breakdowns on the road.

They must also invest in quality equipment and parts. While using cheap or substandard parts may save money in the short term, they can lead to costly breakdowns and repairs down the line.

By investing in quality equipment and parts from reputable suppliers, carriers can ensure that their vehicles are less likely to experience unexpected failures.

Regularly monitoring vehicle performance data can also help commercial motor carriers identify potential issues before they escalate into breakdowns.

By tracking metrics such as fuel efficiency, engine performance, and maintenance history, carriers can proactively address any anomalies or trends that could indicate impending issues with their vehicles.

I295 in Maryland tractor trailer accident caused by truck driver

Driver Assistance Tools Can Help Prevent Accidents

Implementing technologies such as GPS tracking systems or driver assistance tools can also enhance safety in commercial motor carriers.

These technologies can provide real-time information on vehicle locations, speed, and driving behavior, allowing companies to monitor their drivers’ performance and address any concerns proactively.

Additionally, driver assistance tools like lane departure warnings or collision avoidance systems can help prevent accidents by alerting drivers to potential hazards on the road.

Truck Safety Means Proper Use of Hazard Signals

Sometimes emergencies happen, and a driver may have no choice but to pull their semi-truck off to the shoulder or stop in the roadway.

In those scenarios, the Federal Motor Carrier Safety Regulations provide guidance to commercial drivers on exactly what to do to reduce the chances of a collision.

Specifically, under 49 CFR 392.22, whenever a commercial motor vehicle is stopped on the roadway for any purpose other than a necessary traffic stop, the driver SHALL immediately activate their vehicular hazard warning signal flashers. They must also continue the flashing until the driver can place down the appropriate roadway warning devices.

Those warning devices, which consist of three reflective orange triangles, are to be placed behind the vehicle at distances of 10, 100, and 100 feet (for a total distance of 210 feet). This will provide drivers with adequate warning of the hazard created by the stopped truck (See figure below).

Why Hazard Signals Matter for Semi-Trucks

As we navigate the highways and roads of our daily commute, we often encounter tractor trailers sharing the road with us. These massive vehicles play a crucial role in transporting goods across the country.

But, when they fail to activate their hazard warning signals or set up proper warning devices when stopped, they pose a significant danger to all motorists.

The size and weight of semi-trucks make them inherently more dangerous than smaller vehicles on the road. When a big truck stops on the highway or shoulder without activating its hazard warning flashers or setting up warning devices such as reflective triangles, it becomes a hazard to other drivers.

With these visual cues, approaching motorists may realize that the truck is stationary when it’s too late, leading to potential collisions, serious injuries, and fatalities.

When motorists are unable to clearly identify a stopped vehicle as a potential hazard, they may not take appropriate precautions, such as changing lanes or reducing speed.

This lack of awareness can result in dangerous situations where accidents are more likely to occur.

How to Avoid Tractor Trailer Accident Collisions

If you see a stopped semi-truck on the roadway or shoulder that has failed to activate its hazard warning signal flashers, be careful. If a big rig is on the side of the road without the appropriate warning devices, it is putting your life in danger.

By recognizing the risks and dangers posed by unsafe truck drivers, we can work together to hold them accountable and make the roads safer for ourselves and our loved ones.

All drivers must be vigilant and aware of their surroundings while on the road. If you see a stopped semi-truck without its hazard warning flashers activated or proper warning devices in place, it’s crucial to proceed with caution.

Slow down, change lanes if possible, and give the truck plenty of space to prevent potential accidents. Taking proactive measures like these can help mitigate the risks posed by unmarked semi-trucks on the road.

Hire Experienced Truck Crash Lawyers

Car accidents can be traumatic experiences, but when it involves a large commercial vehicle, the stakes are even higher. If you are seriously injured in a car accident with a tractor trailer, seek legal guidance from an experienced Baltimore personal injury lawyer.

Our truck accident attorneys are here to help you navigate the complexities of tractor trailer accident claims. The Yost Legal Group will fight for the justice you deserve.

Truck accident claims are not like regular car accident claims. Commercial vehicles have rules that apply to them. If there is an accident, the truck driver, trucking company, or truck manufacturer could be responsible.

An experienced tractor trailer accident attorney will know how to investigate the accident thoroughly, review all the evidence, and determine who should be held accountable for your injuries.

Our experienced truck collision attorneys have a proven track record of successfully handling complex tractor-trailer accident claims.

We will work tirelessly to seek justice for you and ensure that you receive fair compensation for your injuries. Call experienced 18 wheeler accident attorneys at 800-967-8529 for a free case evaluation.

Recovering the Right Compensation for your Catastrophic Injury

At The Yost Legal Group, we understand the severe impact a truck accident can have on your life. Despite strict regulations, many people are seriously injured or killed due to driver mistakes, vehicle defects, and company negligence.

Since 1985, our commercial truck accident lawyers have been dedicated to securing fair compensation for those injured in truck accidents. Filing a lawsuit can help you recover compensation for your physical, emotional, and financial hardships.

Let our car accident law firm file a personal injury case on your behalf. We will stand by you every step of the way.

Get Help Navigating Your Truck Accident Claim

Posted on by Loni Liss

We congratulate attorney Sam Pulver for successfully completing the Legacy Trucking Course for Lawyers!

Sam has earned an “Education and Training” certificate for completing the “Legacy Trucking Course for Legal and Administrative Professionals.” This intensive program is designed to equip attorneys with the essential skills needed to manage and build strong cases related to serious tractor-trailer collisions.

The course covered critical topics such as accident causation, truck electronics, technology, and the crucial use of electronic data recorders (EDRs).

The course also focused on Hours of Service (HOS) regulations. Participants learned how to understand HOS regulations and tackle associated industry challenges.

Other key subjects included general safety principles, FMCSR/state CDL manual safety rules, the correct use of reflective safety triangles, drug and alcohol regulations, and driver medical examination protocols.

The course also addressed tire failures, preventative maintenance, and the challenges of driver visibility during nighttime driving.

Sam Pulver at Truck Accident certification class

What to Expect from Your Truck Accident Legal Team

This enhanced training further empowers The Yost Legal Group to manage serious truck accident injury claims. We aim to ensure our clients receive the best possible representation and outcomes.

Being injured in a motor vehicle accident is already a stressful and overwhelming experience. The stakes are even higher when that accident involves a large commercial vehicle like a tractor trailer.

Handling a tractor trailer accident claim is significantly more complex than a typical car accident claim. Numerous factors make these cases more challenging, from determining liability to navigating federal regulations.

This is why seeking guidance from an experienced truck accident law firm is crucial to handle your big truck injury claim.

The course covered critical topics such as accident causation, truck electronics, technology, and the crucial use of electronic data recorders (EDRs)

The Heavy Truth: Why Tractor Trailer Accidents Are More Complex

One of the main reasons tractor trailer accident claims are more complex than car accident claims is the sheer size and weight of these commercial vehicles.

A fully loaded tractor trailer can weigh up to 80,000 pounds, making it much more dangerous in a collision. Determining liability in these cases can be highly challenging. Multiple parties may be involved, including the truck driver, the trucking company, and even third-party contractors.

In addition to liability issues, tractor trailer accidents are subject to specific federal regulations that do not apply to regular passenger vehicles.

Truck drivers and trucking companies must adhere to strict rules regarding hours of service, maintenance of their vehicles, and proper loading procedures.

Violations of these regulations can significantly impact the outcome of an accident claim and require specialized knowledge to navigate.

Trucking Accident Claims Are Different (Here’s Why)

Another factor that complicates tractor trailer accident claims is the potential for catastrophic injuries or fatalities.

Due to the size and speed of commercial vehicles, accidents involving tractor trailers are more likely to result in severe injuries or death.

A serious truck accident can result in very severe injuries, including:

–      Traumatic brain injury claim

–      Spinal cord injury claim

–      Paraplegia injury claim

–      Wrongful death claim

This means that medical expenses, lost wages, and pain and suffering damages can be much higher in these cases than in car accidents.

Only an experienced truck accident law firm will have the resources and expertise to ensure you receive fair compensation for your injuries.

Navigating the Legal Maze: Liability in Tractor Trailer Accidents

In these cases, hiring a skilled personal injury lawyer who can investigate the incident thoroughly to determine how it happened and who was at fault is essential.

A great lawyer for personal injury will leave no stone unturned in their investigation to ensure you receive the compensation you deserve.

So, what exactly will a truck accident lawyer investigate to uncover the truth behind the truck accident?

Gather evidence to prove your truck accident claim.

The first step a truck accident attorney takes in investigating a truck accident is gathering evidence. This includes obtaining:

  • police reports
  • witness statements
  • photos of the accident scene
  • any other relevant documentation.

An experienced truck collision attorney may also visit the accident scene to gather additional information that could help determine what happened.

Review Trucking Company Records

In many truck accidents, the negligence of the truck driver or trucking company may be to blame. A skilled personal injury law attorney will review the trucking company’s records.

It is crucial to determine if there were any violations of federal regulations, such as hours-of-service violations or improper vehicle maintenance.

These records can provide crucial evidence to prove liability.

Examine the Driver’s History

Another important aspect of the investigation process is examining the driver’s history. This includes:

  • looking into their driving record
  • any previous accidents they may have been involved in
  • whether they had any prior citations for reckless driving or DUIs.

This information can shed light on whether the driver was negligent or unfit to operate a commercial vehicle.

In truck accident cases, determining if the driver was driving under the influence or was distracted while driving is essential.

A Baltimore truck accident lawyer with experience with commercial truck accidents can file a lawsuit to recover compensation.

Personal injury cases are all very unique and require the knowledge only a lawyer for semi truck accidents has.

Consult with Experts

Personal injury lawyers often work with accident reconstruction experts and other professionals to help piece together how an accident occurred.

These experts can analyze factors such as skid marks, vehicle damage, and road conditions to determine speed, braking distances, and other crucial details that can help establish liability.

Negotiate with Insurance Companies

Once all evidence has been gathered and analyzed, a skilled personal injury lawyer will negotiate with insurance companies on your behalf. This will ensure that you receive fair compensation for your injuries and damages.

An injury lawyer for car accidents will use their findings from the investigation to build a strong case.

Building a solid case will prove why you deserve the maximum recovery for your car accident case. Our accident lawyers in Baltimore will fight tirelessly for your rights.

Why The Yost Legal Group Should Handle Your Truck Accident Claim

When it comes to handling a tractor trailer accident claim, contact The Yost Legal Group at 800-967-8529 for a free case evaluation. We will listen to what happened and explain your rights.

Filing a personal injury claim for compensation will help you recover all damages incurred from the accident and for pain and suffering.

The complexities involved in these cases require specialized knowledge and resources that only a seasoned attorney can provide.

By entrusting your big truck injury claim to professionals who understand the intricacies of commercial vehicle accidents, you can rest assured that your rights will be protected and you will receive the compensation you deserve.

If you need help navigating this challenging process, contact our reputable semi-truck accident law firm today for a free consultation.

200,000+ Traumatic Brain Injury Related Hospitalizations Annually

Posted on by Loni Liss

Harmed by negligence and suffering from a TBI? Seek help from a TBI lawyer today.

Over 200,000 hospitalizations a year are attributed to traumatic brain injuries in the United States. And almost 70,000 people die from TBI-related injuries annually. At The Yost Legal Group, we take TBIs seriously and want to keep you informed.

Traumatic brain injuries (TBIs) are a serious and often life-changing type of injury that can result from a sudden blow or jolt to the head.

In Maryland, like in many other states, TBIs are a major concern due to their potential for long-term medical conditions. Understanding the causes of TBIs is crucial for prevention and early intervention.

If you or a loved one has experienced a traumatic brain injury due to someone else’s negligence, contact a brain injury lawyer. Filing a personal injury claim can be a vital step in securing the care and support you need. Reach out to the compassionate and experienced traumatic brain injury lawyers at The Yost Legal Group for assistance.

To get started, call 1-800-967-8529 for a free consultation. It’s important to protect your rights swiftly when faced with such life-altering circumstances. The financial burden of long-term care after a TBI can be overwhelming for any family. Don’t wait—get the support you deserve today.

Doctor in Maryland reviewing head xrays of a patient with a traumatic brain injury

Understanding Traumatic Brain Injuries Beyond Physical Blows

Many people assume a TBI requires a heavy, physical blow to the head. Those types of impacts can absolutely cause TBIs, of course.

People in car accidents can hit their heads on the dashboard, a window, or a windshield. People who slip and fall can hit their heads on the ground. Attack victims can be assaulted by blows to the head.

What people do not often consider, however, is that a traumatic brain injury simply requires the brain to make an impact on the skull. This adverse contact can damage brain cells, which do not repair once dead.

Traumatic brain injuries caused without impacts to the head are the result of “whiplash injuries.”

People most commonly associate whiplash with neck and back pain because of strained ligaments, tendons, or nerves.

The brute force that can cause a whiplash injury can also shake the brain in the skull. This sudden loss of momentum can make the brain hit the skull’s interior. Potentially, this can lead to a mild traumatic brain injury (concussion) or something more severe.

Whiplash to TBI: Understanding the Serious Consequences of Neck Injuries

Whiplash injuries are commonly associated with car accidents, but did you know that they can sometimes lead to traumatic brain injuries (TBI) as well?

This connection is not well-known to many people, which is why it’s important to understand the potential risks and consequences of a serious whiplash injury.

We can use an example of a car crash victim. The seatbelt may prevent hitting the head on the dash or windshield, but it still causes whiplash due to force. That person might have a TBI.

Someone might slip and fall and catch themselves to prevent their head from hitting the ground, but the change in momentum can cause whiplash.

Another example is American football players, who often face situations that might cause whiplash when they get tackled. They wear helmets to protect their heads, but the helmets can’t fully protect what’s happening inside the skull.

American football is not the only sport linked to traumatic brain injuries. Concussions in hockey and soccer are well-known and studied, but not as much as in American football.

Baltimore woman suffered a serious whiplash in car accident

The Overlooked Impact of Whiplash on Brain Health

Whiplash injuries occur when the neck is forcefully jerked back and forth, usually as a result of a sudden impact such as a rear-end collision.

While most whiplash injuries are considered mild and resolve on their own with time and conservative treatment, severe cases can have long-lasting effects.

In some cases, the force of the impact that causes whiplash can also result in a traumatic brain injury. This occurs when the brain is jolted inside the skull due to the sudden movement of the head, causing damage to brain tissue.

In Maryland, car accidents and falls are, unfortunately, a common occurrence. If you experience traumatic brain injury symptoms following a car accident or injury that caused whiplash, seek medical attention immediately.

Symptoms may include:

  • Neck pain
  • Persistent headaches
  • Memory problems
  • Changes in mood or behavior
  • Dizziness or numbness.

Do not delay in seeking medical help if you are experiencing any of these symptoms. A healthcare provider will determine if you may have a TBI in addition to your whiplash injury.

The Silent Threat of Whiplash-Related Traumatic Brain Injuries

While not every whiplash injury will lead to a TBI, it’s essential to take any potential head injury seriously. TBIs can have significant consequences on cognitive function, emotional well-being, and overall quality of life.

Medical treatment for whiplash injuries and TBIs early is important for better outcomes for those who have them. In Maryland, there are doctors who specialize in treating these injuries and can give personalized care to each person.

Patient working with physical therapist after suffering a TBI in a car accident

The Impact of Car Accidents and Falls on Concussions in the US

Concussions are a common type of traumatic brain injury that can occur from a variety of causes. Car accidents and falls are two of the leading causes.

Many people may not realize the extent to which these incidents lead to head injuries. According to the Centers for Disease Control and Prevention (CDC), an estimated 1.7 million traumatic brain injuries occur each year in the US.

Car accidents are responsible for approximately 14% of all traumatic brain injuries. While falls account for over 40% of such injuries.

When it comes specifically to concussions, studies have shown that car accidents and falls together contribute to tens of thousands of cases each year.

There are other important factors to think about when it comes to head injuries. Research shows that people who have had a concussion before are more likely to have another one in the future.

This is particularly concerning given that repeated concussions can lead to long-term cognitive issues and even permanent brain damage.

When injured in a serious car accident, it’s important to contact a top car accident injury lawyer. They will file a personal injury lawsuit on your behalf. A good accident lawyer will seek compensation to cover all medical costs, long-term physical therapy, and any future medical issues.

Concussions and Cognitive Health: What You Need to Know

Many people may not be aware that concussions can have a wide range of symptoms beyond just headaches or dizziness. Some individuals who sustain a concussion may experience:

  • Changes in mood or behavior
  • Difficulty concentrating or remembering things
  • Sensitivity to light or noise
  • Sleep disturbances

Symptoms can vary in severity and duration depending on the individual and should be taken seriously.

Children and adolescents are particularly vulnerable to concussions from car accidents and falls due to their developing brains. Studies have shown that younger individuals may take longer to recover from a concussion compared to adults. And could be at greater risk for long-term effects on brain function.

This underscores the importance of taking precautions, such as wearing seat belts in cars or installing safety gates on stairs to prevent falls.

Protect Your Rights After a Traumatic Brain Injury

Concussions and other severe traumatic brain injuries (TBIs) are serious. Any moderate or heavy blow to the head or whiplash incident should be closely monitored.

If you’re experiencing symptoms like sensitivity to light, brain fog, or headaches, it’s crucial to see a medical professional immediately. Every brain injury needs proper attention and care.

If you or a loved one has suffered a TBI due to someone else’s negligence, contact our experienced TBI lawyers for a free consultation.

A TBI injury or serious whiplash injury caused by another’s actions requires legal help. These cases can be complex and demand a traumatic brain injury attorney with extensive knowledge of medical issues.

You need the best personal injury lawyer with experience handling such cases. When you hire top-rated injury lawyers to handle your personal injury case, you’ll recover the compensation you deserve.

Call or text The Yost Legal Group at 410-659-6800.

Contact Form

DO I HAVE A CASE?

Contact us at the Yost Legal Group for a free initial consultation. We can help to provide information about ongoing litigation or discuss the circumstances of your individual case. There is no fee or expense unless you recover.