Author: YostLaw

Defective Medical Devices Can Have Devastating Consequences

Posted on by YostLaw

Manufacturers of medical devices have an obligation to ensure the safety of their products. The effects of a faulty device can be devastating.  Companies that fail in their duty to keep patients safe must be held fully accountable.

If you received a hip replacement from the Stryker Orthopedics Corporation, you could be entitled to compensation. Their Stryker Rejeuvenate and ABG-11 modular-neck hip systems were recalled as a result of their harmful effects on many patients, including:

  • Pain
  • Difficulty Walking
  • Inflammation
  • Squeaky Hips
  • Metallosis
  • General Discomfort

These side effects are a result of potential metallosis, or metal ion poisoning from small particles of metal rubbing against one another. The Stryker hips are made entirely of metal, which fragments when rubbed together.

Although an average hip replacement can last for 15 years or more, Stryker patients are seeing complications as soon as 5 years or less past their surgery. Over 20,000 patients have received Stryker hips and now stand at risk.

If you or a loved one has suffered the effects of these defective hip replacements, contact the experienced, concerned attorneys at The Yost Legal Group at 1-800-YOST-LAW (967-8529). We will work hard to get to the truth and see that justice is served.

The Yost Legal Group – Experienced Lawyers Dedicated to Protecting Your Rights.

Snow and Heavy Winds Expected During Tuesday Morning Commute

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Winter weather is expected to impact the commute of thousands of Maryland drivers on the morning of Tuesday, January 6th. The New Year is wasting no time in providing Baltimore commuters with hazardous road conditions, and at The Yost Legal Group we want to ensure that everyone in the area arrives to work and school safely.

Temperatures are expected to drop sharply beginning Tuesday morning as a frigid air system known as a “clipper” moves in from Canada, bringing with it up to 2 inches of snow and heavy winds. The National Weather Service expects the snow to start around 7 AM, and winter weather advisory is already in effect for Central Maryland starting at 4 AM Tuesday morning. Most estimates expect the worst of the snow to pass through by noon or 1 PM, and while this system may not bring much in terms of snow accumulation, it will certainly make the morning commute more difficult.

Here are a few helpful winter weather-driving tips to keep in mind tomorrow morning:

Prepare your vehicle before the snow begins:

o   Make sure that your vehicle’s tires are properly inflated
o   Make sure your battery is fully charged
o   Make sure your front and rear windshield-wipers are functioning properly.
o   All of these will help to navigating through hazardous winter driving conditions.

Get a head start: Stay up to date on the weather forecast

o   Try to avoid driving during the peak of the storm.
o   If you cannot stay off the roads, allow yourself some extra time to arrive at your destination.
o   The risk of skidding is highest during the winter months, and keeping your speed under control makes your car easier to handle and provides you with extra time to react to obstacles and other drivers.

Pack an emergency kit:

o   Keep some crucial tools in your trunk or back seat
o   A good ice scraper, sand or kitty litter will help you escape a snow bank
o   Road flares
o   Extra antifreeze
o   Windshield washer fluid
o   A flash light
o   A first aid kit
o   A shovel

At The Yost Legal Group, we know that accidents can happen even with the proper preparation. Exercise caution on the roads, especially during bad weather like snow and ice, and call the experienced Car Accident and Personal Injury attorneys at The Yost Legal Group if you or a loved one are injured in a Maryland car accident.

Contact the experienced car accident lawyers at The Yost Legal Group at 1-800-YOST-LAW (967-8529) for a free confidential consultation. If you are injured in an accident that was not your fault, we will fight to get you the compensation and justice you deserve.

The Yost Legal Group: Experienced Lawyers Dedicated to Protecting Your Rights.

Pre-Packaged Caramel Apples Responsible for 5 Deaths and 29 Hospitalizations

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The Centers for Disease Control and Prevention (“CDC”) is investigating a listeria outbreak linked to pre-packaged caramel apples and as of December 22, 2014, is warning consumers not to eat any commercially packaged caramel apples until it has completed its investigation. http://www.cdc.gov/listeria/outbreaks/caramel-apples-12-14/index.html

The outbreak, which is responsible for 5 deaths and 29 hospitalizations in 10 states, has not yet been linked to a particular brand or manufacturer; however, at least one company, Happy Apple, in Missouri, has voluntarily recalled all of its brand of caramel apples with use by dates between August 25 and November 23, 2014.

In the meantime, the CDC is concerned that not all cases have been reported, as listeria can take from just a few days to more than two months to present itself.  The 29 cases to date represent infections that occurred in October and November.  There may be more cases out there from people who have consumed or may consume the contaminated apples in December.

Pregnant women, elderly and people with suppressed immune systems are most at risk.

Stryker Corp Faces Another Large Settlement in Fraud Case

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Stryker Corporation has announced a major settlement of almost $1.5 billion dollars to be paid to thousands of patients injured by their metal-on-metal Rejuvenate and ABG II Model hip implants. The company now finds itself at the center of another controversy involving one of its subsidiaries, OtisMed, and another dangerously defective piece of medical equipment.

Stryker Corp acquired OtisMed, a California-based medical device company, in 2009. After the merger, Stryker helped oversee the creation and distribution of OtisKnee, a device sold to hospitals as a guide to assist surgeons during knee replacement procedures.

Despite the fact that OtisMed sold over 18,000 OtisKnee guides between 2006 and 2009, resulting in an estimated $27 million profit, the company never received FDA approval for their device. The FDA in fact rejected their product as unsafe in 2009, but this did not deter former OtisMed CEO Charlie Chi from ordering the shipment of 218 OtisKnee devices to doctors and surgeons across the country.

Charlie Chi has since pled guilty to three counts of fraud and faces up to three years in prison. He has been released on $500,000 bail pending a sentencing hearing on March 18th. While Stryker maintains that they were not aware of the FDA’s rejection of the OtisKnee system prior to their 2009 merger, this case still places the embattled company firmly in the center of another major defective medical device controversy.

Medical device manufacturers have an obligation to the patients and doctors who utilize these devices, to follow the proper safety guidelines and deliver the safest, FDA approved product possible. When companies like OtisMed and Stryker Corp betray that obligation and put company gains over consumer safety, it creates a major public health problem. Medical device manufacturers must be held accountable for the tragic and unfortunate complications they cause to unsuspecting patients and doctors.

If you or a loved one has received a Stryker hip implant, call The Yost Legal Group today for help. We will speak with you for free, review your medical records for free, and determine if you have one of the recalled metal hip implants.

If you are experiencing any pain after hip replacement surgery or have had a hip revision surgery, call 1-800-YOST-LAW (967-8529) today. We’ll speak with you for free, explain your rights and fight to make sure you receive the justice and compensation you deserve.

Experimental Treatments Show Promise and Risk for Cerebral Palsy Patients

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Children with cerebral palsy have one of several neurological disorders that permanently affect body movement or muscle coordination. The problem is not with the actual muscles; rather, it’s with the part of the brain that controls the muscle movement. Treatments for cerebral palsy include:

  • Physical and occupational therapy
  • Speech therapy
  • Medications aimed at controlling seizures, muscle spasms and pain
  • Braces or orthotic devices
  • Communication aids

Sometimes, surgery is recommended to release tight muscles.

Over the past ten years, a new type of therapy has emerged which uses Botox injections to treat children with a particular type of cerebral palsy involving “spasticity.” Spasticity causes muscle stiffness and tightness that interferes with voluntary movements (like walking). Several videos have surfaced showing young children with cerebral palsy walking for the first time after receiving Botox injections to treat spasticity in their legs.

What the videos don’t show, however, are the risks of using Botox in this “off-label” manner. Doctors routinely prescribe medications for off-label uses, and we want doctors to have the ability to use their knowledge, experience and judgment to decide how best to use a medication for an individual patient.  But doctors must know when a particular use of medication is “off-label,” and doctors must know of the risks associated with such uses.

Pharmaceutical companies are not allowed to market drugs for off-label uses. If a company knows a use is off-label, its representatives are not allowed to pitch that use to doctors as if the use has been cleared by FDA. Likewise, if the manufacturer is aware of risks associated with off-label uses of its products, it should share those risks. Doctors need to know when a use of medication is off-label as well as what potential side effects may exist so that they can assess the risks and benefits of the off-label use with their patients. This is especially true when the patient is a child with cerebral palsy.

A federal jury in Vermont recently decided to hold a large pharmaceutical company responsible for failing to properly share this type information about one of its products in the case of Drake v. Allergan, Inc. The court decided in November to hold Botox manufacturer Allergan responsible for its off-label promotion of Botox when a child suffered epileptic seizures after receiving Botox injections. In this case, the jury determined that Allergan had committed two major violations of Vermont’s consumer protection act. First, by marketing Botox for use in children at unsafe doses; and secondly, by failing to provide doctors and patients with full information about the risks and dangers known to the company.

If your child has experienced any serious medical problems as a result of receiving Botox injections to treat spasticity related to cerebral palsy, you may be entitled to compensation.

Call 1 800 YOST LAW (967-8529) for help.  There is no fee or expense unless you recover.

The Yost Legal Group: Experienced Lawyers Dedicated to Protecting your Rights.

GM Safety Recall Too Late For Some Maryland Residents

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On March 31, 2014, General Motors recalled more than 1.3 million vehicles due to a defect in power steering that can cause drivers to experience a sudden inability to effectively control their vehicles. Although GM stated that when power steering is lost the car will revert to manual steering, the sudden onset and greater effort needed, particularly at low vehicle speeds, could increase the risk of a crash.

This is exactly what happened to one woman in Maryland who was injured when her car’s steering wheel locked up, causing her to crash head-on into a concrete barrier while entering the interstate from an on-ramp in Baltimore City.

Unfortunately, this accident in Baltimore happened two days after a Chevy dealership repaired the defective power steering in that car. Despite the fact that GM’s Global Vehicle Safety Vice President, Jeff Boyer, promised that the safety recalls would “make it right” for GM customers, this crash demonstrates that this is clearly not the case, and GM still has not “made it right.”

This is not the first instance in which GM has addressed these very same issues in its cars. GM has recalled some of these cars for the same issue in the past, and with this last recall admitted that the company did not do enough. It is evident that they still have not done enough. Until the company adequately addresses the issue and trains its dealerships to make appropriate repairs, we can expect more unnecessary and preventable crashes.

If you or a loved one has been seriously injured, or if your loved one has lost his or her life because of GM’s defective power steering, you may be entitled to compensation. Call 1 800 YOST LAW (967-8529) for help. There is no fee or expense unless we recover for you.

The Yost Legal Group, Experienced Lawyers Dedicated to Protecting your Rights.

Holiday Season Linked to High Rates of Drunk Driving

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With Thanksgiving only a week away and the Holiday season just around the corner, millions of Americans will be traveling by car to visit friends and family across the country. The US Department of Transportation considers the week before Thanksgiving to be the busiest long distance travel period of the year, with long-distance driving trips increasing by 54%.

Taking a road trip to visit friends and family we don’t get to see often is one of the most enjoyable parts of this time of year. However, between the holiday festivities and the extra volume of cars on the road, drivers must be especially wary of drunk or impaired drivers.

In 2013, an estimated 436 drivers were involved in vehicle-related fatalities on Thanksgiving Day. And over 46,000 people were injured in car wrecks, many due to drunk drivers and distracted drivers.

Drunk driving plays a major role in the spike of accidents around Thanksgiving, but the increase in drunk driving accidents becomes even more severe towards the end of December. The US Department of Transportation estimates that drunk driving accidents cause an average of 27 deaths every day in December, and that drunk drivers play a role in 40% of all traffic deaths on Christmas and New Year’s Eve. That rate is 12% higher than at any other point in December.

If you are planning to travel this Holiday Season, The Yost Legal Group wants to remind you to be aware and be prepared. Here are a few thoughts to keep in mind while behind the wheel:

  • Always buckle up: Whether you’re driving across the state or just around the corner, never leave without first securing the seatbelts of everyone in the vehicle.
  • Play it safe: We all have plans that we need to keep during the holidays, but always try to leave yourself extra time to arrive at your destination. Don’t rush, obey the posted speed limit and remember that arriving safe is always the number one priority.
  • Drive defensively: You cannot control the actions of other drivers, but you can control your own conduct on the road. Defensive driving techniques like maintaining a safe 3-4 second following distance, using proper turn signals, avoiding distractions like your phone, and paying attention to other drivers on the road will help you avoid a dangerous situation.
  • Be aware: Holiday parties mean that Law Enforcement in your area will be stepping up their efforts to prevent crashes and get impaired drivers off the road. Expect sobriety check points and an increased Law Enforcement presence on the road, and NEVER GET BEHIND THE WHEEL IF YOU’VE BEEN DRINKING.

At The Yost Legal Group, we wish you and your family a safe and healthy holiday season. However, if you or a loved one are injured by a drunk driver or in a car wreck that was not your fault, call the experienced Drunk Driving and Car Accident Attorneys at The Yost Legal Group right away at 1-800-YOST-LAW (967-8529). Our experienced Baltimore injury attorneys will investigate your case thoroughly, and we will work hard to recover the maximum compensation for you.

Our experienced car accident lawyers know how to handle the big insurance companies and will make sure that your rights are protected. Let us help you receive the full compensation to which you are entitled under Maryland Law.

The Yost Legal Group, Experienced Lawyers Dedicated to Protecting your Rights.

Hip Replacement Manufacturer To Pay Over $1 Billion in Major Settlement

Posted on by YostLaw

Stryker Corp, a major manufacturer of artificial hip implants, announced on Monday, November 3rd that it has reached a settlement agreement with the thousands of patients that were harmed by their all-metal Rejuvenate and ABG II hip-replacement models.

Stryker, a subsidiary of the DePuy division of Johnson & Johnson, originally recalled these models in July of 2012, citing numerous complaints by patients and medical professionals alike that the metal-on-metal construction caused serious complications. In almost all cases, the all-metal artificial joints corroded quickly, causing inflammation in the tissue surrounding the implants, as well as elevated levels of dangerous metals in the blood.

This settlement deal will cost Stryker over 1 billion dollars, making this agreement one of the largest sums paid by an implant manufacturer in the last year. An estimated 250,000 hip replacement procedures take place around the country every year, and metal-on-metal devices once accounted for nearly two out of every three of these procedures.

This number has plummeted since the original Stryker recall, with physicians now recommending hip replacement devices that use a combination of plastic, ceramic and metal materials.

The defective product and medical malpractice attorneys of The Yost Legal Group have a proven track record of standing up to big manufacturers and securing the maximum compensation for our clients that have suffered due to negligent or defective medical devices. If you or a loved one have experienced any of the following symptoms due to a metal-on-metal hip implant, contact the experienced attorneys at The Yost Legal Group immediately:

  • Osteolysis, or bone dissolution
  • Synovitis, or inflammation of the synovial membrane in joints
  • Pseudo-tumors
  • Joint fluid
  • Tissue or bone necrosis
  • Hypersensitivity to metal

Medical devices are designed to reduce pain and increase mobility and longevity. When these procedures instead cause pain, complications and unforeseen expenses, it is important to have an experienced attorney on your side. The caring product liability attorneys at The Yost Legal Group will speak with you for free to discuss your situation and help you understand your rights.

Cal 1-800-YOST-LAW (1-800-967-8529) now for a free confidential consultation.

The Yost Legal Group, Experienced Lawyers Dedicated to Protecting your Rights.

Turning the Tide Against Child Abuse

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Every year, Child Protective Services receives over 3 million reports of child abuse, and approximately 5 children lose their lives every day due to abuse or neglect.

The United States is currently dealing with an epidemic when it comes to cases of child abuse and neglect, but many Americans still remain unaware of the extent of this crisis. To make matters worse, some studies estimate that 2 out of every 3 incidents of child abuse and neglect are not even reported.

Many children are abused and neglected in trusted environments such as licensed Day Care Centers, Religious Programs for Kids, After School Programs and more. When you pay to place your child in a reputable, licensed childcare facility, you are doing so under the notion that this is a safe place. Unfortunately, this is not always the case. So you must always be aware and ask lots of questions.

Understanding the warning signs of child abuse and neglect are the best ways for all of us to help minimize this senseless epidemic.

The US Department of Health & Human Services defines Child Abuse as “any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm.” Within this broad definition, most cases of abuse can be categorized in one of four camps:

  • Neglect: Denying a child access to their most basic needs, either physical (ie: food & water), educational or emotional.
  • Physical: Physically injuring a child with an act of violence.
  • Sexual: May include indecent exposure, inappropriate or unwanted touching, and/or illicit photographic materials.
  • Emotional: Impairing the development of a child through excessive criticism, threats, rejection or personal attack.

In a vast majority of cases, close to 90% by some estimates, child abuse and neglect is perpetrated by an authority figure that the child knows well. The immediate consequences of child abuse, including physical injuries and intense mental anguish, are disturbing enough on their own.

However, the real damage of abuse often does not appear until years after the incident occurs. Individuals that experience some form of abuse or neglect as children are far more likely than their peers to struggle with substance abuse, psychological disorders, criminal behavior and serious health issues including heart disease, liver disease, obesity and cancer.

Familiarizing yourself with the signs of child abuse is one of the best tools at your disposal to help end this epidemic. You can view a checklist of warning signs here, and learn more about the proper way to report incidents of child abuse here.

If a loved one is a victim of abuse or neglect from a trusted establishment, contact The Yost Legal Group today for a free confidential consultation. We’re here to help you through this difficult time.

If we take your case it will be on a no fee or expense basis unless you recover.

Call The Yost Legal Group today and speak to an attorney for a free initial consultation about your case at 1-800-YOST-LAW (1-800-967-8529).

The Yost Legal Group, Helping Fight Clergy Abuse & Other Abuses Against Children.

New Guardrails May Lead To Deadly Accidents

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Guardrails are designed to protect the commuting public by absorbing the impact of a crash in order to decrease risk of injury. But, evidence is coming to light now, that many guardrail systems are inadequate and causing more harm than good.

Inventor Dean Sickly designed a guardrail system that has saved lives since it was introduced in 1999. The Texas based company; Trinity Industries manufactured Sickly’s guardrail system and sold them nationwide.

In 2005, Trinity Industries changed Sickly’s design by altering a piece of the guardrail’s end terminal (ET) by shrinking a piece of metal from five inches in width to four. This slight modification decreased the crashworthiness of the guardrail system, and since its introduction, has killed and maimed drivers who have collided with the new ET-Plus.

Many people have suffered due to the new ET-Plus guardrail system because it does not work properly, and this is not acceptable. The experienced product liability lawyers at The Yost Legal Group have represented many people who have been injured due to faulty products and have brought many victims the justice and financial compensation they deserve.

The reasons behind the change in the guardrail system vary depending on who you talk to, however, internal documents from Trinity Industries claim the change would save the company $2 an ET; equivalent to saving $50,000 annually and $250,000 over five years.

The internal document also contained the disturbing quote, “I’m feeling we can make this change with no announcement.” What does that mean?  It means Trinity Industries failed to inform the Federal Highway Administration of the changes made with the ET-Plus. Trinity Industries claim the new patent documents inadvertently omitted the new design specifications.

Click here to read Trinity Industries internal email.

Trinity Industries has since provided safety crash test data to the Federal Highway Administration, which has cleared them of any charges and approved the use of the ET-Plus as it meets all federal safety standards. While the ET-Plus has been federally approved, the states of Missouri and Massachusetts have halted use while further investigations are conducted.

Sean Kane, President of The Safety Institute told ABC news, “Clearly I think there is a safety issue. What we’re seeing is real-world crashes around the country where the guardrails are not performing as intended.”

Presently, there are several lawsuits filed against Trinity Industries, which allege the small change altered the way, the guardrail functions by impaling through one’s car instead of bending back as they were originally designed. In several cases, the victims were killed or maimed with loss of limbs.

All manufacturers are obligated to make products that are safe for the public. When one is injured due to faulty product designs that are knowingly produced and sold, someone should be held accountable. This level of negligence is unacceptable and victims of these new guardrails deserve justice.

If an ET-Plus guardrail system, or any other defective product has injured you or a loved one, you deserve compensation for your losses. The dedicated attorneys at The Yost Legal Group are here to protect your rights and fight for justice.

The Yost Legal Group is experienced in helping individuals and families who are victims of automobile accidents and defective products. The Yost Legal Group has the experience to investigate your case, determine what negligence was involved and fight to protect your right to full and fair compensation.

If you or a family member has suffered in an accident, contact the experienced, caring attorneys at The Yost Legal Group. The experienced Baltimore, Maryland product liability lawyers will work hard to investigate the facts surrounding your situation, get to the truth and see that justice is served.

Contact The Yost Legal Group at 1-800-Yost-Law (1-800-967-8529) to speak with an experienced Product Liability attorney for free. One of our experienced lawyers will work hard to protect your rights and handle all of the details surrounding your case. If someone was at fault, we will fight to get you the compensation and the justice you deserve.

To find out more about your rights, please contact the experienced and knowledgeable Personal Injury lawyers at The Yost Legal Group.

The Yost Legal Group, Experienced Lawyers Dedicated to Protecting your Rights.

Click here to read ABC News report on Trinity Industries new ET-Plus guardrail design.

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