Kernicterus

Despite advances in neonatal care, preventable injuries to newborns are still prevalent in the United States. Jaundice, a common medical condition in infants, is characterized by yellow tinting of a newborn’s skin and the whites of the eyes (conjunctiva). This yellowing is a sign that there is too much bilirubin (a substance formed by the breakdown of red blood cells) in the baby’s blood. Although most jaundice resolves without causing any harm, it is important that bilirubin levels are carefully monitored in all babies with jaundice because bilirubin is a toxic substance that can rise to dangerous levels in infants.

If severe jaundice (hyperbilirubinemia) is not treated, it can lead to serious lifelong problems such as kernicterus. Kernicterus is a type of permanent brain damage that occurs in a newborn when bilirubin builds up to very high levels and spreads to the baby’s brain, where it infiltrates brain tissue and causes damaging swelling of the brain (encephalopathy). Kernicterus, also called acute bilirubin encephalopathy, causes permanent brain damage that could have otherwise been prevented.

Symptoms of kernicterus can include:

  • Extreme sleepiness and lethargy (the baby may have difficulty waking up or can’t be kept awake, does not respond to touching or does not startle from sudden movements).
  • A very abnormal, high-pitched cry.
  • Poor muscle tone – the baby may seem “floppy” and weak.
  • A fever that occurs along with any of these other symptoms.

Approximately 60% of term, and 80% of pre-term, babies develop jaundice in the first week of life and about 10% of breastfed babies are still jaundiced at 1 month of age. Therefore, it is imperative that jaundice is properly recognized, monitored (a simple blood test identifies the baby’s bilirubin level) and treated as soon as possible (typically with phototherapy and, if necessary, blood transfusions), before it develops into kernicterus. If the symptoms of hyperbilirubinemia or kernicterus are not recognized and treated by medical staff, it is medical negligence.

Our experienced attorneys fight for individuals who have been negatively impacted by the negligence of others.  If you would like to discuss your child’s potential claim arising from a brain injury, the attorneys at Yost Legal Group are experienced professionals ready to investigate your claim with compassion and determination.  For a free consultation, please call us at 1-800-YOSTLAW.

We Are Excited to Announce the Winner of the 2017 Yost Legal Group College Scholarship Essay Program!

At the Yost Legal Group, Attorneys at Law, we are thrilled to be able to help students and members of the community succeed by offering programs like the Yost Legal Group College Scholarship Essay Program.

The program awards a $1,000 scholarship each year for the recipient to put towards tuition to pursue any field of study from an accredited college.

This year’s essay topic was on how adversity has affected your life. The essay program was open to all prospective or current undergraduate students attending an accredited college or university.

The 2017 winner of the $1,000 The Yost Legal Group College Scholarship Essay Program is Edward, a freshman at Virginia Tech.

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Edward chose to write his essay on the experiences he went through as a young boy. He described the obstacles he had to go through, most of the time alone, and how these obstacles shaped him into the young man he is today.

He also touched on how he now has a great appreciation for his struggles and for his mother, who worked hard to provide for him. He reflected on how the key to overcoming adversity throughout his childhood was finding his inner happiness.

Edward is a determined and bright young man who has grown to understand that his difficult experiences led him to where he is today. His reflections have also harvested a new love for his mother and for all she did for him.  Most importantly, he has learned that self-acceptance can help you figure out exactly where you belong in this world.

Thank you to all students who submitted an essay this year! Each and every one was eye-opening and all of you have such bright futures. We look forward to seeing what next year will bring!

Congratulations, Edward, from everyone at The Yost Legal Group

Injury During Cardiac Catheterization

Cardiovascular disease (CVD) is the number one cause of death globally. Because more people die annually from heart disease than from any other cause, it is important to take preventative measures to examine how well your heart is working. Diagnostic procedures and medical tests are commonly performed by medical professionals to monitor the heart and keep people from suffering fatal heart attacks.

Cardiac catheterization, a procedure used to diagnose and treat cardiovascular conditions, involves inserting a flexible wire into an artery or vein in your neck or groin, threading this wire through your blood vessels to your heart and, finally, guiding a long, thin tube, called a catheter, over the wire and into coronary arteries, veins or even a chamber of the heart.

Complications of this procedure can include:

  • Creation of a blood clot inside a blood vessel (thrombus), triggering a stroke, heart attack, or other serious problems.
  • Dislodgment of atherosclerotic plaque (plaque rupture) from the interior wall of a blood vessel, triggering a stroke, heart attack, or other serious problems in patients with atherosclerosis (a condition commonly known as “hardening of the arteries”)
  • Damage to blood vessels (the wire or catheter may cut, scrape or puncture a blood vessel as they are threaded to the heart), causing severe bleeding (hemorrhage or hematoma).
  • Accidental placement of the catheter into the wrong artery, vessel, heart chamber or, rarely, into a lobe of the lung.

The use of ultrasound imaging to guide catheter placement and the degree of technical experience greatly influence the incidence of vascular complications. If ultrasound imaging is not used to provide visual guidance during the procedure, or if the doctor performing the catheterization is careless or inexperienced, risks of complication skyrocket. These complications may all fall into the category of medical malpractice. An injury during cardiac catheterization can cause permanent damage or even result in death.

If you or a loved one feel you are the victim of a medical mistake contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). When you call, you will speak with an experienced Baltimore Medical Malpractice attorney absolutely FREE.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case.

 

More Bad News for Smith and Nephew

Smith & Nephew continues to issue additional recalls for its defective hip implant devices. By now, Smith & Nephew has established a clear pattern of manufacturing faulty and dangerous hip devices that harm rather than help innocent users of those products. In June of 2012, Smith & Nephew issued a recall of its R3 Acetabular System hip implant, followed by a voluntary market withdrawal of the Birmingham Hip Resurfacing (BHR) Femoral System in June of 2015. In 2016, Smith & Nephew was forced to recall three additional hip implant products.

In August of 2016, Smith and Nephew recalled its Tandem Bipolar Hip System because of a manufacturing error that caused the device to fall apart inside the patient’s body, often within just a few weeks of surgery. Smith & Nephew manufactured the bipolar shells for this device out of specification. In issuing the recall, Smith & Nephew admitted that its negligence in manufacturing these devices could lead to a failure of the device that would require a revision surgery. They were forced to make this admission after product complaints and clinical study data showed a much a higher rate of problems for this device when compared to similar hip implants on the market.

In November of 2016, Smith and Nephew recalled its Modular SMF hip stem and Modular REDAPT hip systems. They again admitted that patients implanted with these devices may face a greater risk of the need for revision surgery based on data they collected.  Most of the problems were “metal related.” This means that like other Smith & Nephew metal-on-metal hip implant devices, many users of this product experienced dangerously high levels of chromium and cobalt in their blood. This forced innocent users of this defective product to undergo unnecessary revision surgeries.

Sadly, although time marches on, the story for Smith & Nephew remains the same. By continually putting profits ahead of the safety of individuals using its defective products, those persons are put at risk for suffering from harmful medical consequences. Our experienced lawyers fight for individuals who have been harmed by defective products. If you or a loved one has been injured or required revision surgery following a Smith & Nephew or other defective hip implant, the attorneys at the Yost Legal Group will investigate your lawsuit claim. For a free consultation, please call us at 1-800-YOSTLAW.

 

Ataxic Cerebral Palsy

Cerebral palsy (CP) occurs in nearly 1 in every 500 births, making it is the most prevalent cause of motor function impairment. A disorder of movement, muscle tone or posture, CP is a neurological condition caused by brain damage which is usually suffered before, during or soon after a baby is born. CP may also cause seizure disorder (epilepsy), swallowing, speech and eye movement problems, and can cause intellectual disabilities.  Premature birth significantly increases an infant’s risk of CP.  There are several different types of CP, with each type classified according to the type of body movement and posture problem present. Ataxic cerebral palsy is the rarest type of cerebral palsy and involves the entire body.

Ataxic CP causes problems with:

  • Balance
  • Precise Movements (may reach too far or too close to touch objects)
  • Coordination (may walk with feet unusually far apart)
  • Hand control (may have trouble buttoning clothing, writing or using scissors)

If there is birth trauma during labor and delivery, it is possible for the baby to suffer from a brain injury due to hypoxia, or lack of oxygen. Medical staff is expected to monitor the baby’s heart rate and the mother’s contraction rate to ensure the safety of the baby and avoid birth injury. Medical negligence in this area could be the reason why you child suffers from cerebral palsy.

Motor functioning impairment greatly affects quality of life. Additionally, the cost of care for a child with brain damage is high. If your child’s brain injury was caused by a medical mistake at birth, or caused by an extremely premature birth which healthcare providers negligently failed to prevent (such as a failure to diagnose and treat preeclampsia), the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. When you call, you will speak with a Baltimore Birth Injury attorney with real experience absolutely free. At The Yost Legal Group, there is no fee or expense unless you recover.

 

Glyphosate Added to California List of Cancer-Causing Chemicals

According to the Environmental Health Hazard Assessment (OEHHA), glyphosate, the active ingredient in the popular herbicide Roundup, will be added to a list of known carcinogens in the state of California. Monsanto, the maker of RoundUp, has been in a legal battle with consumers who claim that the company inadequately warned users of the risk of cancer associated with the product. This listing, which goes into effect on July 7, 2017, is a victory for the over 800 individuals who have sued Monsanto claiming that RoundUp caused their cancer.

Monsanto is already fighting back, calling California’s decision “unwarranted on the basis of science and law.” Initially, the company attempted to block the addition of glyphosate to the list in trial court, but was unsuccessful.  OEHHA has announced that the listing of glyphosate will proceed, requiring companies in California that sell the chemical to add warning labels on packaging. California’s decision to officially classify glyphosate as a carcinogen and require a warning label on the product is a welcome advancement for those fighting against Monsanto’s irresponsibility.

If you or a loved one has non-Hodgins lymphoma cancer that may have been caused by exposure to Roundup, the experienced Mass Tort lawyers at The Yost Legal Group are here to help. Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. At The Yost Legal Group, there is no fee or expense unless you recover.

Hypoxic Brain Injury- Intubation

Tracheal intubation (TI), usually simply referred to as intubation, is a procedure performed by medical professionals in the setting of respiratory failure and shock. This procedure involves inserting a flexible plastic tube into the patient’s trachea (windpipe) to maintain an open airway, assist with breathing and can also serve as a channel through which to administer certain drugs.

Although intubation is a life-saving intervention, life-threatening complications may arise if this complex procedure is not done correctly. Negligent placement of the endotracheal tube into the esophagus, instead of the trachea, is a major cause of cardiac arrest and brain damage associated with intubation.  If this mistake is not immediately recognized and the tubing withdrawn from the patient’s esophagus, the patient’s airway remains blocked and hypoxic brain injury or anoxic brain injury can result from the asphyxiation caused by negligent intubation.

Patients must have a continuous supply of oxygen to the brain in order to survive. If the oxygen supply is interrupted, even for a short amount of time, the functioning of the brain is disturbed immediately and irreversible damage can quickly follow. Despite intubation guidelines and years of training in airway management, medical mistakes continue to be made, causing catastrophic complications to arise.

If you or a loved one feel you are the victim of a medical mistake, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). When you call, you will speak with an experienced Baltimore Medical Malpractice attorney absolutely FREE.

The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case. At The Yost Legal Group, there is no fee or expense unless you recover.

 

Dyskinetic Cerebral Palsy

Cerebral palsy, or CP, is one of the most common birth injuries associated with medical negligence in the United States. This serious medical condition is the result of an injury to the baby’s brain, including brain damage caused by oxygen deprivation during labor and delivery. Cerebral palsy can be categorized into different forms, based on the degree of brain damage and the area/areas of the body affected.  Forms of cerebral palsy include dyskinetic CP, spastic CP, and ataxic CP.

Dyskinetic CP results from damage to the basal ganglia of the brain (responsible for regulating voluntary movement) and is associated with a number of symptoms that cause muscle tone to fluctuate between being loose and tight. The different forms of dyskinesia include, dystonia, athetosis, and chorea, and result from damage to slightly different structures within the basal ganglia.

Characteristics of dystonia include painful muscle contractions, causing slow twisting or repetitive movement, and a disabling, rigid posture. Athetosis is characterized by slow, continuous, involuntary, writhing movements that may cause those affected to appear restless. People with chorea experience brief, abrupt involuntary movements and may appear fidgety.

It is the medical staff’s responsibility to consistently monitor the baby’s heart rate and the mother’s contraction rate. When signs of fetal distress go unnoticed, the baby can suffer from oxygen deprivation during labor and delivery, which is an obstetrical emergency. Consequences of such negligence can result in permanent brain injury, such as dyskinetic CP, when the baby suffers brain damage from lack of oxygen (hypoxia or anoxia) during labor and delivery.

The cost of care for a child with brain damage, is very high. If your child’s brain injury was caused by a medical mistake at birth, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. When you call, you will speak with a Baltimore Birth Injury attorney with real experience absolutely free. At The Yost Legal Group, there is no fee or expense unless you recover.ysys

RoundUp Lawsuit

As Monsanto’s flagship product, the weed killer Roundup generates approximately $5 billion in annual sales for the company. In March of 2015, the International Agency for Research on Cancer (IARC), part of the highly respected World Health Organization, reported that Roundup contains a probable cancer causing chemical called glyphosate. Cases of persons suffering from the cancer known as non-Hodgkin lymphoma caused by exposure to Roundup have been filed and consolidated in a federal court Multi-District Litigation (MDL) in San Francisco. Documents produced in the MDL show that Monsanto desperately tried to hide information about the dangers of Roundup from the public in the form of falsified studies and protection from government agencies.

IARC’s report exposing Roundup’s glyphosate as a probable cause of cancer was supported by numerous scientific research studies. In particular, research studies, including one conducted as early as 2002, found an association between glyphosate and the cancer known as non-Hodgkin lymphoma. Faced with the damning evidence published by IARC, Monsanto struck back with a vengeance. Monsanto approached various regulatory departments of United States governmental agencies for the purpose of keeping information about its cancer causing Roundup a secret. Documents produced in the federal court MDL show that the Environmental Protection Agency (EPA) and the Department Health and Human Services conspired with Monsanto to hide Roundup’s glyphosate connection with causing cancer. Additionally, Monsanto conducted fraudulent studies designed to deceive governmental agencies and the public into concluding that Roundup’s glyphosate is safe and does not cause cancer. Monsanto submitted its phony studies to the EPA. Based on these studies, the EPA initially reported that Roundup’s glyphosate was “not likely to be carcinogenic,” but were later forced to remove this unsupported statement from the EPA website.

Monsanto’s dishonest effort to keep their carcinogenic product Roundup on the market displays a clear disregard for human life. Roundup constitutes one third of Monsanto’s sales revenues, leaving little doubt as to the motive for their shameful behavior. However, despite its power as a big corporation, Monsanto’s day of reckoning may not be far off. To date, more than 50 cases have been filed against Monsanto for cancer caused by Roundup in state and federal courts. The federal cases have all been consolidated into one Multi-district Litigation in San Francisco. The Monsanto Roundup litigation continues to grow, as lawsuit filings are increasing. It is anticipated that this litigation will ultimately grow to include thousands of cases and they will collectively hold Monsanto responsible for destroying countless lives for the sake of profit.

Roundup remains on the market as a product commonly used by many Americans, including farmers, landscapers, and gardeners. While the use of this toxic herbicide product remains common, its lesser known cancer causing risks are quickly coming to light.

If you or a loved one has non-Hodgins lymphoma cancer that may have been caused by exposure to Roundup, the experienced Mass Tort lawyers at The Yost Legal Group are here to help. Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. At The Yost Legal Group, there is no fee or expense unless you recover.

Sepsis Following Weight Loss Surgery

The Centers for Disease Control reports that more than one-third (36.5%) of U.S. adults suffer from obesity. High blood pressure (hypertension), heart disease, type 2 diabetes, cancer, and stroke are all life threatening conditions linked to obesity and are some of the leading causes of preventable death.

There are various surgical procedures that doctors perform in order for patients to achieve desired weight loss and avoid obesity-related complications. These procedures are referred to as bariatric surgery and include a variety of surgical approaches, including gastric banding, Roux-en-Y gastric bypass and gastric sleeve surgery. All bariatric surgeries shrink the size of the patient’s stomach in order to limit the amount of food that can be consumed. During banding procedures, (laparoscopic adjustable gastric banding, or LAGB), a flexible band is placed around the upper portion of the patient’s stomach wall and tightened, to restrict the size of the stomach. During gastric bypass surgery, part of the stomach may be removed (gastrectomy) and the surgeon will also re-route, or bypass, part of the digestive system so that a much smaller amount of nutrients from food are absorbed by the intestinal tract.

Unfortunately, sometimes bariatric surgery brings with it consequences in the form of medical mistakes. There have been many instances where patients have suffered from an anastomotic leak (AL) during gastric bypass surgery, when fluid from within the gastrointestinal tract leaks into the sterile abdominal cavity. As a result, these patients suffer from severe peritonitis (a deadly infection in the abdomen) and sepsis. Early diagnosis of an AL is crucial for the prevention of life-threatening complications. In countless instances, medical providers have failed to diagnose this complication at the time of surgery.

Symptoms of sepsis include:
• Fever
• Hypothermia (lower than normal body temperature)
• Heart rate >90 beats per minute (bpm)
• Fast respiratory rate
• Altered mental status (confusion/coma)
• Edema (swelling)
• High blood glucose without diabetes

If you or a loved one feel you are the victim of a medical mistake, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). When you call, you will speak with an experienced Baltimore Medical Malpractice attorney absolutely FREE.

The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case. At The Yost Legal Group, there is no fee or expense unless you recover.