Author: YostLaw

Hernia Mesh Lawsuit – What You Need to Know

Posted on by YostLaw

Over 20,000 cases have been filed against top hernia mesh manufacturers and are currently pending. These lawsuits claim that many popular models of hernia mesh patches are not suited for long term use and have been linked to serious complications and mesh failure.

There are five manufactures of hernia mesh involved in the investigation of hernia mesh claims at this time:

  • Atrium
  • Bard
  • Covidien
  • Ethicon
  • Gore (We are not pursuing claims for any types of Gore mesh)

Numerous studies have brought to light significant problems with these manufacturers’ synthetic hernia mesh patches. The meshes in question are composed of polypropylene mesh fibers.

What is Polypropylene?

Polypropylene is a thermoplastic polymer made by a molecule fusing reaction process. It is perfect for plastic piping systems, medical items and housewares, but proven to be ill-suited for long time use inside the human body.

As a result, thousands have suffered from polypropylene mesh failure, causing adverse symptoms ranging from minor pain and nausea to severe symptoms that often require multiple corrective surgeries. Some of the more severe symptoms of mesh failure include:

  • Infection (more than 30 days post-surgery)
  • Bowel blockage
  • Perforation
  • Migration
  • Scar tissue build up
  • Adhesions
  • Nerve damage

What do I need to know before filing a hernia mesh lawsuit?

To know if you qualify for a claim, you will need to know the date and facility where your mesh was first implanted, the type of mesh that was used, and any information on the mesh failure and subsequent surgeries needed. You can obtain all that information by requesting an operative report from the facility you had procedure(s) done at.

Call now

Our experienced product liability staff can help you find out what mesh you have and if it has been determined to be defective or has been recalled. If you or a loved one has suffered from complications after having a hernia surgery that used synthetic hernia mesh, call The Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529) for a free consultation with one of our expert hernia mesh attorneys.

Traumatic Brain Injuries- The Silent Killer After a Crash

Posted on by YostLaw

Accidents happen – but did you know that some accidents have life-changing injuries that may not show their symptoms until after the flashing lights and sirens have faded away? Traumatic brain injuries (or TBIs) are injuries that affect the brain and how it functions. TBIs can occur with any trauma to the head. The most common causes of TBI are:

  • Sudden jolt, contrasting movement or whipping of the head (e.g., car crashes)
  • Blunt force trauma (e.g., firearm related injuries, slip and fall accidents, assaults)

While a TBI can happen to anyone, children and elderly adults are the most vulnerable to being misdiagnosed due to the symptoms overlapping with other potential conditions. Therefore, it is important for you and your loved ones to know more about the different types of TBI and how they may present:

  1. Mild TBI or concussion: Brief amnesia, headache, disorientation, and loss of consciousness.
  2. Moderate TBI: Extended periods of amnesia, brain bleeds, headache, disorientation, loss of consciousness, or other symptoms.
  3. Severe TBI: Extended loss of consciousness and memory loss, often causing an individual to remain comatose for a week or more.

TBI symptoms have the potential to impact every aspect of daily life and can even be fatal. According to the Centers for Disease Control and Prevention 176 Americans died in 2020 from TBI-related injuries per day.

If you or a loved one was recently involved in an accident and have been experiencing any of these symptoms:

  • Cognitive Impairment (feeling foggy or dazed or having difficulties with concentration and memory)
  • Drowsiness, fatigue, mood swings, irritability, depression, anxiety, sleeping more than usual
  • Headaches, nausea, vomiting, dizziness, blurred vision, seeing stars, sensitivity to light, ringing in ears, balance issues

Please, don’t hesitate! Contact the traumatic brain injury attorneys at The Yost Legal Group by calling 1-800-YOST-LAW for your free consultation – we will help evaluate your potential legal claim and get you the compensation that you and your loved ones deserve.

Jury Awards Baltimore City Resident $1.5 Million

Posted on by YostLaw

One of The Yost Legal Group’s own, Attorney Bruce Powell, received a 1.5-million-dollar verdict for a Baltimore local who suffered from a traumatic brain injury at his job in September of 2018. The man was, at the time, an employee at the Thames Street Oyster House in Fells Point. He had been on break, sitting outside when the stairs he was on suddenly detached from the building and collapsed causing him to fall 12 feet to the ground. The steps landed on top of him knocking him unconscious. He was immediately rushed to Johns Hopkins via ambulance where he spent 3 days in the hospital for his injuries. He suffered from a subarachnoid hemorrhage (brain bleed), fractured his spine, broke his ribs, and sustained a shoulder injury.

The defendants, Tom Brown Contracting LLC had installed the 3-story exterior staircase as part of the remodel of Thames Street Oyster House in 2011. Upon further investigation it was determined that the steps were not built-in accordance with the architect’s plan. The construction of the steps was also in violation of the building code.

While this is a great verdict, the injuries the client sustained will impact him for the rest of his life. His injuries could have been avoided had Tom Brown Contracting LLC constructed the exterior steps properly. Instead, he will spend the rest of his life suffering from permanent brain damage, and permanent damage to his neck, back, and right shoulder.

If you or a loved one has suffered from a catastrophic injury through no fault of your own, call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a free consultation. You may be entitled to compensation. There is no fee, or expense unless we recover. Our experienced personal injury trial attorneys will fight for the justice that you deserve!

Exactech Lawsuits Likely to Become Multi-District Litigation

Posted on by YostLaw

On June 14th, 2022, a motion was filed to consolidate and create a Multi-District Litigation (MDL) for the Exactech cases. A hearing took place at the Thomas F. Eagleton US Courthouse in St. Louis, MO on September 29th, 2022. The hearing was to determine where the Multi-District Litigation for the faulty Exactech hip, knee, and ankle implants will be held. Additionally, it was to appoint the judge that will be overseeing the Multi-District Litigation. Both the defendants and plaintiffs have agreed that an MDL should be created for these cases due to the high volume of individuals impacted by the faulty liners.

Multi-District Litigations, take place in the U.S. District Courts. A Multi-District Litigation differs from a Class Action Lawsuit by the way in which the cases are viewed. Also, a Multi-District Litigation is filed by a person that has been harmed by the defective product or device, and the compensation can be different for each person involved.

Exactech is agreeing to proceed forward with the MDL, with the request that these cases to be tried at the U.S District Court for the Southern District of New York, or Eastern District of Louisiana. Under U.S. District Judge Paul Engelmayer in Manhattan or U.S. District Judge Sarah Vance in New Orleans, as both judges have prior experience overseeing this type of MDL.

The plaintiffs have requested the MDL be assigned to U.S. Judge Kiyo Matsumoto in the Eastern District of New York, stating that Exactech developed the Optetrak device at a hospital in Brooklyn, so New York area residents were more likely than any others to receive the faulty implant.

At this time, there has not been an update as a result of that hearing.

If you or a loved one has an Exactech implant, call to speak with one of our experienced Exactech lawyers. Our firm is working diligently to file Exactech lawsuits for those who have suffered from a faulty Exactech product. Call 1-800-YOST- LAW (967-8529) or email us at info@yostlaw.com today for a free consultation. There is no fee or expense unless we recover.

Allergan Implants More Likely Than Others to Cause Cancer

Posted on by YostLaw

In 2011, the Food and Drug Administration (FDA) identified a link between some textured breast implants and a form of Lymphoma known as Breast Implant-Associated Anaplastic Large Cell Lymphoma, or more commonly called BIA-ALCL.

Despite evidence to suggest there was a link between textured implants and BIA-ALCL, it wasn’t until July of 2019 that the FDA called for Allergan, a top producer of these implants, to place a voluntary recall on their textured implants. This came amid growing reports of women developing this rare form of cancer after receiving textured implants. Allergan complied and issued worldwide recall of their BIOCELL and NATRELLE textured implants and tissue expanders. Allergan’s implants and expanders has been confirmed to pose a greater risk for BIA-ALCL than other manufacturers similar textured implant models. The smooth surfaced implants and expanders manufactured by Allergan are not included in this recall and are still considered generally safe for use at this time.

If an individual is confirmed to have received these implants, they should know the signs and symptoms of BIA-ALCL. Cleveland Clinic reports that on average, symptoms begin to appear 8 years after implant but can present as early as one year after surgery. The most common symptoms to look for are sudden enlargement of one or both breasts, painful lumps in your breasts or armpits, hardening of one or both breasts, and skin rashes that could appear around the breast region.

Individuals with textured implants are encouraged to reach out to their medical provider and schedule an appointment to discuss the recall and their increased risk for cancer. Should symptoms be present, a physical exam by the provider and further testing such as a Magnetic Resonance Imaging (MRI) or Ultrasound may be ordered to search for a mass or fluid. If either are present, a biopsy may be necessary to test the surrounding fluid and tissue of the implants for signs of cancer

Many individuals with textured implants have opted to remove their implants out of the fear of developing cancer.

If you are your loved one have been diagnosed with BIA-ALCL or have had your recalled implants removed or replaced due to fear of developing BIA-ALCL, please contact one of our experienced attorneys here at The Yost Legal Group for a free consultation. We can be reached at 1-800-YOST-LAW (967-8529) or by emailing us at info@yostlaw.com. There is no fee unless we recover.

Exactech Faulty Liners Leaving 200,000+ Patients At Risk Of Implant Failure

Posted on by YostLaw

In 2021 Exactech’s Connexion GXL Hip liner and Optetrak/Optetrak Logic Knee implants were recalled leaving more than 200,000 people with faulty devices in their bodies. As of 2019, the FDA reported that there were about 90,000 people in the United States with an Exactech hip implant, and around 147,700 with an Exactech knee implant.

The Exactech hip liners and knee implants were recalled in 2021 due to an extremely high failure rate. The recall was expanded to include all Exactech knee and ankle units in February of 2022, and in August of 2022 an additional 40,000 hip devices were added to the recall as well. The high rate of failure of these products has been attributed to poor packaging as well as manufacturing defects, namely replacing the industry standard polyethylene with a cheaper option to cut costs.

For those with the Exactech implants they may experience the following complications:

  • difficulty walking
  • loosening of the implant
  • joint stiffness
  • swelling and inflammation
  • bone degeneration (osteolysis)
  • pain

If you have an Exactech product and have developed symptoms, you should make an appointment with your orthopedic doctor. They will be able to check your implant via X-Ray to ensure there is no problem with the alignment of your device, or signs of device failure. The main indicator of a faulty Exactech liners is bone degeneration (osteolysis). If the x-rays show evidence of bone degeneration at the site of the implant, the doctor will typically recommend revision surgery to replace the faulty device.

If you or a loved one has an Exactech implant, call to speak with one of our experienced Exactech lawyers. Our firm is working diligently to file Exactech lawsuits for those who have suffered from a faulty Exactech product. Call 1-800-YOST-LAW 1-800-967-8529 or email us at info@yostlaw.com today for a free consultation. There is no fee or expense unless we recover.

Understanding Necrotizing Enterocolitis (NEC) – How To Spot The Signs

Posted on by YostLaw

What is Necrotizing Enterocolitis?

Around 1 in every 1,000 premature infants develop Necrotizing Enterocolitis (commonly known as NEC). Necrotizing Enterocolitis (NEC) affects both the stomach and intestine. The intestinal tissue becomes enlarged and dies off.  NEC mainly occurs in babies that are born before 38 weeks, those that are given a feeding tube, or babies with a birth weight that is less than 5 pounds 5 ounces.

There are four variations of NEC.

Classic: This develops in babies born prior to 28 weeks, usually a baby is diagnosed with NEC three to six weeks after being born.

Transfusion-associated: Is when a baby requires a blood transfusion to increase the red blood cells. Usually, a baby is diagnosed with NEC 3 days following the transfusion.

Atypical: This is when a baby is diagnosed with NEC within seven days of being born.

Term Infant: Most babies born after 39 weeks are at a much lower risk of being diagnosed with NEC. Generally, this is a result of a birth defect.

Symptoms of NEC include:

  • Belly pain or swelling
  • Food Aversion/ Refusing to eat
  • Lack of Normal Weight Gain
  • Extreme exhaustion or lethargy
  • Bloody stool or diarrhea
  • Vomiting
  • Fever

NEC is often diagnosed in one of three ways: through a blood test, fecal test, or an x-ray. The blood test can determine if bacteria or infections are present in the blood. The fecal test will look for blood in the stool. An x-ray of the stomach can show gas that surrounds the intestine.

Necrotizing Enterocolitis (NEC) is typically a result of a premature infant being fed cow milk-based formula before their digestive system was capable of breaking down the enzymes contained in cow’s milk. The underdeveloped digestive system becomes inflamed, and the tissue begins to die off as a result of this. Baby formula manufacturers have been aware of this risk yet failed to warn consumers that their products could be harmful to premature infants.

If you believe that your child may have NEC, The Yost Legal Group is here to help you through this difficult time. Give our office a call at 1-800-YOST-LAW (967-8529). There is no fee unless we recover. All consultations are free.

Risky Business: Tractor-Trailer Accidents on the Rise

Posted on by YostLaw

Tractor-trailers are responsible for transporting 70% of all products and goods across the United States. Unfortunately, these tractor-trailers can pose a serious threat to those they share a road with. There has been a significant increase in trucking accidents over the last decade despite new regulations intended to promote safer transport.

According to the National Highway Traffic Safety Administration (NHTSA), there is an estimated 500,000 tractor-trailer-related accidents every year. Accident statistics cite inexperience, mechanical failure, and fatigue as some of the leading causes of trucking-related crashes.

Under the Federal Motor Carrier Safety Administration (FMCSA) regulation 395 a driver can only work 70 hours over 8 days, thus the 70-hour 8-day rule. This has been established in an attempt to decrease the number of tractor-trailer accidents each year due to driver fatigue. Over the course of 8 days, a truck driver cannot exceed more than 11 working hours per day.

While these regulations were intended to minimize the amount of driver fatigue, a survey by the American Transportation Research Institute found that 66% of drivers indicated increased fatigue while driving as a result of the new rules. This may be due to sleep disruption, circadian rhythm, stress about meeting deadlines with enforced resting periods, and other factors that cannot be mitigated by a mandatory rest period.

The Trucking Industry Poses a Serious Threat to Everyday Drivers

Below are some staggering facts about tractor-trailer accidents in the United States:

  • Tractor-trailer accidents are often more severe and dangerous than passenger vehicle accidents due to the weight and size of the trucks.
  • Every 15 minutes there is a trucking accident that results in an injury or fatality.
  • Thursdays are the most dangerous day of the week, with 18% of all trucking-related accidents landing on a Thursday. Monday and Wednesday are noted to have the next highest number of crashes.
  • Tractor-trailer accidents occur most often between 12pm and 3 PM, and 12am-6am, coinciding with the body’s natural decrease in alertness at these times due to dips in the circadian rhythm.
  • 16% of tractor-trailer accidents occur on the weekends.
  • The rate of occupants’ death in big trucks has significantly decreased since 1975. Today, 97% of all fatalities in tractor-trailer crashes are occupants of a passenger vehicle.

If you or a loved one has been involved in a tractor-trailer accident, the experienced lawyers at The Yost Legal Group are here to help. Call 1-800-YOST-LAW (1-800-967-8529) today for a free consultation. We will investigate your case and help you get the justice you deserve. There is no fee unless we recover.

Reports of BIA-ALCL linked to Textured Implants

Posted on by YostLaw

Millions of women have opted for textured implants when undergoing breast augmentation or breast reconstruction. Textured implants were designed over 50 years ago to prevent or minimize the development of scar tissue and decrease the likelihood of capsular contracture. For this reason, many women and surgeons alike favored this style of implant, especially in breast reconstruction cases where there is a heightened risk of capsular contracture.

FDA Warns Textured Implants Could Increase Risk of Cancer

Unfortunately, recent studies have linked textured implants to breast implant associated anaplastic large cell lymphoma (BIA-ALCL). In October of 2021, the FDA released an article regarding strengthened safety requirements pertaining to breast implants. The article included studies and updated information about the increased risk of BIA-ALCL in patients with textured implants.

 

Diagnosed BIA-ALCL-Cases-by-Year-Graph

Diagnosed BIA-ALCL Cases by Year

 

The graph above depicts an alarming increase in BIA-ALCL diagnoses in recent years. Of those receiving a positive diagnosis, 90.4% had an Allergan implant, 7.3% had a mentor implant, 1.5% had a Sientra implant, and the remaining .09%were from various other breast implant manufacturers.

Currently, the Food and Drug Administration has not recommended removal of textured implants if you are not experiencing any symptoms. However, many women are opting to have them removed or replaced with smooth implants out of fear of developing cancer for a first, second or even third time.

You should discuss any concerns you have of developing BIA-ALCL with your doctor and/or get tested for CD30 before surgical intrusion.

It is important to note that BIA-ALCL is not breast cancer. BIA-ALCL is a type of blood cancer that is commonly spread through breast tissue and lymph nodes. It typically takes around 7-10 years to develop. Common symptoms of BIA-ALCL include:

  • A change in the shape of the implant or the breast
  • The development of breast asymmetry
  • Increased firmness in the breast
  • Pain in or around the breast
  • The development of lumps around the breast or armpit
  • Itching or redness around the breast
  • Swollen lymph nodes
  • Development of fluid around the implant
  • Lesions
  • Fever
  • Fatigue
  • Night sweats

If these symptoms are present patients will typically receive an ultrasound or MRI to check for fluid or lumps around the implant. If either are present the patient must then undergo a biopsy where the fluid or tissue is tested for CD30. A CD30-positive test result indicates the presence of hematopoietic malignancies (blood cancer).

If you or a loved one have been diagnosed with BIA-ALCL after a breast implant surgery, you do not have to go through this process alone. The attorneys at The Yost Legal Group are currently investigating and pursuing claims for women who have been diagnosed with BIA-ALCL after receiving Allergan Biocell textured breast implants. Call us today at 1 (800) YOST – LAW or email us at info@yostlaw.com for a free consultation. We will investigate the circumstances of your individual case, answer any questions you have, and fight to get you the compensation you deserve.

Unskilled Truckers Creating Deadly Roadways for Passenger Vehicles

Posted on by YostLaw

In April of 2019, a 23-year-old lost control of the truck he was driving and plowed into stopped traffic in Colorado. This tragic accident cost four people their lives, and catastrophically injured six others. While the driver was later found guilty of vehicular manslaughter, a bigger problem still remains. Trucking companies across the U.S. are facing a labor shortage and as a result, untrained and unskilled drivers are getting behind the wheel of 10,000+ lbs. trucks. The result of which can be deadly.

Trucking Related Casualties to Become the 5th Leading Cause of Death in the United States

In the United States, the trucking industry accounts for nearly three quarters of all product transport. It also accounts for nearly three quarters of all fatal passenger vehicle accidents. Nearly 97% of all casualties in trucking related accidents were those in passenger vehicles. It is predicted that by 2030 trucking related casualties will become the 5th leading cause of death in the United States.

According to the Federal Motor Carrier Safety Administration (FMCSA) the top cause of truck accidents is mechanical defects, such as the brake failure in the tragic 2019 crash. In these instances, proper training can be the difference between life and death when these failures occur. Knowing how to maintain control of the truck or how to use safety features designed specifically for the possibility of losing control of the truck, such as a runaway truck ramp, can save lives.

A runaway truck ramp is a safety feature present on many major roadways for trucks that are out of control. These ramps are filled with gravel or sand and use kinetic energy to rapidly slow large vehicles safely away from passenger vehicles. In the case of the Colorado crash, runaway ramps were available for the driver to use for instances of brake failure or otherwise. Unfortunately, due to lack of sufficient training, the driver failed to use them, resulting in deadly consequences.

The average truck is about 16 times the size and weight of most passenger vehicles. Trucking companies have a responsibility to ensure that their employees have the proper training, supervision, and experience to be able to handle a vehicle of that size. When companies neglect this responsibility, they are sending potentially deadly weapons onto the road, and when tragedy strikes, the company must be held accountable.

Neither you nor your loved ones should be at risk of serious injury or death due to negligent trucking companies and untrained drivers. The Yost Legal Group works diligently to provide justice for those who have faced wrongful injury or death due to the carelessness of others. If you or a loved one has been affected by a truck accident, we may be able to help. Contact us today at 1 800 YOST LAW for a free consultation.

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.