Author: YostLaw

What You Need to Do If Allergan’s BIOCELL® Implants Are Causing Adverse Effects

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Last week, we wrote about Allergan plc’s BIOCELL® textured breast implants and tissue expanders, briefly detailing the history of the product lines’ recall because of the discovery of adverse side effects in recipients. General burning, pain, and swelling around the area of implantation are just a few among a long list of negative side effects associated with Allergan’s BIOCELL® products.

But it turned out that these were not simply symptoms of receiving the breast implants. Instead, they were symptoms of a rare type of lymphoma (blood cancer).

Allergan’s BIOCELL® textured breast implants and tissue expanders have been linked to causing breast-implant associated anaplastic large-cell lymphoma (BIA-ALCL).

As mentioned last week, BIA-ALCL is not a breast cancer. It is a lymphoma. As such, it does not develop within the breast or mammary. BIA-ALCL develops within the scar tissue of the incision site where the implant or tissue expander was placed.

Data show that symptoms of BIA-ALCL can arise any time after receiving an Allergan BIOCELL® implant. That said, the general range of time seems to be 2 to 28 years.

Symptoms of BIA-ALCL may include the onset of the following:

  • Asymmetry of the breasts
  • Breast pain or swelling
  • Burning sensation in breasts
  • Capsular contracture
  • Chronic fatigue
  • Constant fevers
  • Itching around site of implantation
  • Lump/s in the armpit or breast
  • Rash near site of implantation
  • Redness around site of implantation
  • Weight loss

If you or a loved one has received Allergan’s BIOCELL® textured implants or tissue expanders and are experiencing any of the aforementioned symptoms, please contact a doctor immediately. The symptoms may be a sign of breast-implant associated anaplastic large-cell lymphoma. If that is the case, time is of the essence.

Being a blood cancer, lymphoma can migrate throughout the body, causing more harm the longer it is left undetected and untreated and could ultimately result in death.

Typically, after consulting one’s doctor regarding the possibility of BIA-ALCL, a patient will undergo a series of diagnostic tests. In order, these preliminary tests include an ultrasound, then a needle biopsy if necessary, and finally an MRI.

An ultrasound of the breast will detect the presence of seromas, which are pockets of fluid that can accumulate under the skin near the site of a surgical incision.

If multiple seromas are detected, the doctor is likely to send the patient for a needle biopsy, which will drain the fluid. The fluid will be tested for indicators of cancerous cells.

Finally, an MRI (magnetic resonance imaging) is used to capture images of the patient’s soft breast tissue to check for damage caused by the implant or cancer.

And in case you were wondering, mammograms and X-rays are ineffective at detecting BIA-ALCL, so doctors will not order these tests.

The sooner BIA-ALCL is detected, the better the chances of recovery and survival.

If you or a loved one is a recipient of Allergan’s BIOCELL® textured breast implants or tissue expanders and have experienced any of the above-mentioned symptoms associated with BIA-ALCL, or if you have been diagnosed with BIA-ALCL, or if you have already had surgery to remove your Allergan implants, call The Yost Legal Group today at 1-800-YOST-LAW. There is no time to wait.

Allergan’s BIOCELL® Textured Breast Implants Linked to Rare Lymphoma

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In July 2019, Allergan plc issued a worldwide recall of two product categories, its BIOCELL® textured breast implants and its BIOCELL® tissue expanders. Over time, women who had received the BIOCELL® implants and expanders began developing breast implant-associated anaplastic large-cell lymphoma (BIA-ALCL), a rare type of lymphoma (blood cancer).

To be clear, BIA-ALCL is not a type of breast cancer as it develops in the scar tissue that develops after surgery as opposed to developing in the actual breast or mammary. BIA-ALCL is an uncommon form of T-cell lymphoma, which is itself an uncommon form of non-Hodgkin Lymphoma (NHL). As such, BIA-ALCL aggressively attacks the immune system.

Symptoms of BIA-ALCL may include the onset of the following:

  • Asymmetry of the breasts
  • Breast pain or swelling
  • Burning sensation in breasts
  • Capsular contracture
  • Chronic fatigue
  • Constant fevers
  • Itching around site of implantation
  • Lump/s in the armpit or breast
  • Rash near site of implantation
  • Redness around site of implantation
  • Weight loss

Many of the symptoms of BIA-ALCL are similar to ones caused by other conditions even without having received a breast implant or tissue expander. However, if you or a loved one received an implant or tissue expander from Allergan and are experiencing any of these symptoms, please consult a doctor immediately.

Though these symptoms generally arise between 2 and 28 years following the procedure, in some instances, issues are known to occur sooner. If BIA-ALCL goes untreated, it can spread throughout the body, one day leading to death.

The attorneys at The Yost Legal Group are currently investigating cases involving textured breast implants and breast implant-associated anaplastic large-cell lymphoma (BIA-ALCL).

If you or a loved one is a recipient of Allergan’s BIOCELL® textured breast implants or tissue expanders and have experienced any of the above-mentioned symptoms associated with BIA-ALCL, or if you have been diagnosed with BIA-ALCL, or if you have already had surgery to remove your Allergan implants, call The Yost Legal Group today at 1-800-YOST-LAW. Time is of the essence.

Tractor Trailers Leave a Trail of Death Across U.S. Highways

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In the United States, a person is killed or seriously injured in an accident caused by a tractor trailer every 15 minutes.  In fact, around 500,000 trucking accidents occur every year in the U.S. and approximately 5,000 of those involve fatalities.  In 2019, in Maryland alone, statistics showed that there were 60 tractor trailer accidents which resulted in fatalities.

Federal and state regulations require a commercial driver’s license (“CDL”) for any person who wants to operate a tractor trailer. Under federal law, a person must be 21 years of age or older to drive commercially interstate. However, many states will issue a CDL strictly for intrastate driving for those who are just 18 years old.  Once a person passes their CDL test, it is up to the trucking companies to ensure that their trucks are operated in a safe manner on the roadways.

A leading cause of tractor trailer accidents is truck driver fatigue. According to the Federal Motor Carrier Safety Administration (FMCSA)’s Large Truck Crash Causation Study, as many as 13% of commercial truck drivers are fatigued at the time of a crash.  The average tractor trailer driver drives 80,000-110,000 miles per year but there are others who drive closer to 125,000 miles each year.  Guidelines allow a driver to operate their vehicle for a maximum of 70 hours over an 8-day period and many drivers are paid by the mile.  This can be a dangerous incentive for truck drivers to drive for many hours beyond what may be physically safe, both for themselves and for others on the roadway.

In 2017, a law was passed requiring most truck drivers to begin logging their hours electronically with electronic logging devices (“ELDs”). However, there are exceptions to the law, and some drivers are still permitted to log their hours manually.  In addition, even with the use of ELDs, it is possible for a driver to manipulate the data so that they can drive for longer hours than are permissible by law. When drivers are driving over hours, they frequently do not produce any logs to the officers investigating an accident. The most the officer can do is give them a ticket for not keeping logs.

When it comes to accidents involving tractor trailers, hiring the right lawyer is important.  There are many circumstances that need to be investigated in a trucking accident which are different from a regular motor vehicle crash.  Sometimes issues of unsafe loads, unsafe truck maintenance, and violations of federal and local regulations come into play.  Currently, trucks involved in interstate transportation of goods are required to carry a minimum of $1 million of insurance coverage.  Frequently large national trucking companies have additional umbrella policies that provide millions of dollars more in coverage for the harm caused in an accident.

If you or a loved one has been involved in an accident with a tractor trailer, it is important to get an experienced truck accident lawyer.  The experienced truck accident lawyers at The Yost Legal Group will help you get the compensation you deserve.  The lawyers at The Yost Legal Group can be reached anytime by calling 1-800-YOST-LAW (1-800-967-8529), by emailing us directly at info@yostlaw.com, or by visiting our website at www.yostlaw.com.  Contact us now for your free case evaluation!

 

Allergan Textured Breast Implants Linked to Causing Cancer

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Women Implanted with Allergan’s Textured Breast Implants Are Now at Risk for Cancer

In July 2019, Allergan (a manufacturer of breast implants) issued a worldwide recall of its Biocell textured breast implants and tissue expanders. This recall was made at the behest of the FDA after the FDA discovered a link between the implantation of Allergan’s textured breast implants and the development of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). Allergan’s recall further requested that surgeons stop using its textured implants and expanders, and to send any unused implants back to Allergan.

BIA-ALCL is not breast cancer; it is a rare type of non-Hodgkin’s lymphoma. BIA-ALCL is distinguishable from breast cancer as it develops in the scar tissue that surrounds the implant; not in actual tissue of the breast as is seen with breast cancer. Symptoms commonly associated with BIA-ALCL include:

  • Breast Pain or Swelling
  • Redness
  • Capsular Contracture
  • Asymmetry
  • Itching
  • Burning
  • Lump in the Breast or Armpit

Less common symptoms include rash; fever; fatigue; or weight loss. It has been found that symptoms of BIA-ALCL typically begin to develop in patients from anywhere between 2 to 28 years after implant, but they can appear sooner. As such, if you have had breast implant surgery, and are experiencing any of these symptoms, it is very important that you contact your doctor immediately. Untreated, BIA-ALCL can spread to other areas of the body and eventually lead to death.

Once your doctor has evaluated your symptoms, you may be sent for a series of diagnostic tests. An ultrasound should reveal the presence of any seromas, or pockets of fluid, within the breast, particularly around the implant.  If one or more seromas are found during an ultrasound, a needle biopsy will be performed to drain and test the fluid for certain cancer markers. Additionally, MRIs are used to collect photos of the soft tissue that may be affected because of the implant.  Neither a mammogram nor an x-ray are useful in diagnosing BIA-ALCL.

The attorneys at The Yost Legal Group are currently investigating cases involving textured breast implants and breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). If you or a loved one is a recipient of textured breast implants and have experienced any of the symptoms associated with BIA-ALCL, or have been diagnosed with BIA-ALCL, or have had surgery to remove your textured implants, contact The Yost Legal Group today. The lawyers at The Yost Legal Group can be reached anytime by calling 1-800-YOST-LAW (1-800-967-8529), by emailing us directly at info@yostlaw.com, or by visiting our website at www.yostlaw.com.

Missouri Woman Awarded $20 Million in Missouri Metal-on-Metal Hip Case

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Mary Bayes and her husband Philip Bayes received their holiday presents early this year. A St. Louis federal jury awarded the couple $20 million and $1 million respectively for the injuries Mrs. Bayes suffered as a result of her defective Biomet M2a Magnum metal-on-metal hip replacement.

Although the second trial, which ended recently, resulted in no additional award for punitive damages, the initial $20-million award rendered in October is a promising sign for all individuals having defective metal-on-metal hip replacement cases.

In late November, we saw another jury from the U.S. District Court for the Northern District of Iowa award a couple $1.05 million in compensatory damages and an additional $2.5 million in punitive damages for the harms Lori Nicholson suffered as a result of her Biomet M2a Magnum metal-on-metal hip replacement.

While The Yost Legal Group has been most prominent in pursuing cases against Smith & Nephew for damages resulting from their metal-on-metal hip replacements, our experienced hip implant attorneys like to stay informed about cases involving other hip replacement manufacturers. In doing so, we can help people who are injured by these defective products when we pass along the information in blogs and social media posts.

As you know from our last hip implant blog, The Yost Legal Group’s very own George Tankard, Esq., is representing a client in one of the six representative Smith & Nephew bellwether cases that will go to trial in 2021.

The jury verdicts against Biomet do not guarantee results in cases The Yost Legal Group is handling. However, they do show that effective hip implant attorneys—like George Tankard—can prove that defective metal-on-metal hip replacements result in significant damages for the injuries suffered by their clients.

If you or a loved one had a defective metal on metal Smith & Nephew BHR hip replacement implanted, call The Yost Legal Group for a free consultation about your potential right to compensation. We represent a significant number of the victims currently participating in the Smith & Nephew BHR lawsuit. Call us at 1-800-YOST-LAW (1-800-967-8529). E-mail us at info@yostlaw.com. Or visit our website at www.yostlaw.com for more information. There is no fee or expense unless you recover.

The First BHR Hip Resurfacing Case Is Scheduled for Trial

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Almost 600 BHR Hip Resurfacing hip replacement cases are in various stages of litigation in the U.S. District Court for Maryland in Baltimore Maryland. Judge Catherine Blake issued an amended Case Management Order to schedule the first case for trial against Smith & Nephew. Amended Case Management Order No. 16 has rescheduled the first BHR Resurfacing bellwether trial for May 25, 2021 and the second bellwether trial for July 26, 2021. “Bellwether” cases are test cases to see what the outcome could be for the rest of the pending cases. The results will impact the likelihood of potential settlement and the potential value of the remaining cases.

The bellwether trial process started in early 2019 when 17 cases were originally selected for detailed discovery proceedings. After each side learned more about these individual cases, the process advanced further. Only 6 of those 17 cases were selected as representative cases to move forward to trial. Each of these cases is now being more fully litigated, and the remainder of the cases are on hold. The injured individuals in these cases with defective metal on metal BHR Resurfacing hips are having their depositions taken and their stories told. Each of them has been diagnosed with some degree of metal poisoning called metallosis, usually with elevated blood levels of cobalt and chromium resulting from their defective devices.  All the representative cases involve individuals that were forced to undergo revision surgeries to remove and replace their defective hip replacement devices.

One of the six chosen cases is that of Mr. William Albritton of Florida. He is represented by defective hip lawyer George Tankard of the Yost Legal Group. Mr. Albritton did not ask to be a test case, but he is anxious for justice and his day in court. It is not clear if he will be one of the first two cases to go to trial. The selection of case sequencing will be decided on November 9, 2020.

If you or a loved one had a defective metal on metal BHR Resurfacing hip replacement implanted, call the Yost Legal Group for a free consultation about your potential right to compensation. We represent a significant number of the victims currently participating in the BHR Resurfacing lawsuit. Call us at 1-800-YOST-LAW (1-800-967-8529), email us at info@yostlaw.com, or visit our website at www.yostlaw.com for more information. There is no fee or expense unless you recover.

Medtronic Recalls Mini Med and Pro Infusion Insulin Pumps due to Life-Threatening Injuries

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The MiniMed 600 series Insulin Pump System (630G and 670G) and its Pro Infusion Sets, in particular, is an example of this device used for diabetes management. Manufactured and distributed by Medtronic, the product appeared to be an effective therapy for diabetic patients. However, in response to numerous adverse reports, Medtronic voluntarily provided its customers with a safety message in November 2019, describing the proper way to use the system in order to prevent the over or under-delivery of insulin. Responsively, the U.S. Food and Drug Administration (FDA) issued a Class I recall of the Medtronic MiniMed Insulin pump in February 2020, warning of possible defects that could cause a major health injury or possibly death. While Medtronic is no stranger to lawsuits from injuries caused by their malfunctioning pumps, a new wave of lawsuits on the MiniMed 600 Series Insulin pump is on the horizon as the number of injury reports continue to rapidly increase.

Insulin pumps are commonly used by diabetic patients to monitor and regulate their own blood sugar by providing continuous, yet precise variable amounts of insulin throughout the day. This computerized device – while discreet and small in size – has had a large impact in the diabetes community, primarily due to its ability to effectively mimic a healthy-functioning pancreas without the need for multiple daily self-injections of insulin. Medtronic insulin pump users depend on their pump to accurately administer the correct amount of insulin for their needs. When Medtronic insulin pump users receive too much insulin, they can go into a diabetic coma. Alternatively, if Medtronic insulin pump users do not get enough insulin, their glucose levels will soar, placing them at risk for diabetic kidney disease, neuropathy and other diabetic complications.

The Medtronic class action lawyers at Yost Legal group are actively involved in investigating defective Medtronic insulin pump lawsuits. If you or a loved one has used a Medtronic MiniMed insulin pump and experienced an adverse reaction, such as hypoglycemia, hyperglycemia, diabetic coma or developed a long-term impairment you may be entitled to compensation from Medtronic. Please call or contact us through our website for a free initial consultation at www.yostlaw.com or 1-800-YOST-LAW.

We are committed to providing solutions to your inquiries and helping you obtain a recovery for your injury.

Delayed C-Sections Can Lead to Birth Injuries

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Cesarean deliveries (C-sections) are a common procedure for women in labor. According to the Center for Disease Control and Prevention (CDC), about 33% of all deliveries in the United States are performed via C-section. There are many good reasons why a doctor might feel a C-section is the best method for delivery. Generally speaking, the procedure is safe for both mother and child. However, there are still risks involved, and on rare occasions complications can arise.

If you think a delayed C-section caused your baby’s birth injury, or if your baby suffered a birth injury and was delivered by emergency c-section, contact the experienced birth injury lawyers at The Yost Legal Group today: 1-800-YOST-LAW. We can help you find answers during a free initial consultation.

Reasons for C-Section Delivery

It is important that the lead physician and medical team monitor the mother and baby throughout the pregnancy and labor process. There are numerous adverse conditions that may impede the free flow of oxygen to the baby.

Malpresentation: In the birth canal, the baby is not in the typical head-first position. This is often associated with oxygen deprivation and umbilical cord problems.

Cephalopelvic disproportion (CPD): In this situation, the baby’s head, relative to the mother’s pelvis, is too large, thus preventing safe passage through the birth canal. This is often associated with shoulder dystocia, an obstetrical emergency which can cause hypoxic brain injury by compressing the baby’s head or neck and/or compress the umbilical cord between the baby and the birth canal – any of these compressions can interrupt the baby’s oxygen supply, which can cause permanent brain injury.

Abnormal fetal heart rate: When a baby is in distress, one of the clearest signs it can show from the womb is an irregular heart rate. Bradycardia, or a hear rate that is too slow, is a critical indicator of fetal distress and an indicator the baby’s brain may not be receiving enough oxygen.

If a physician notices these adverse conditions in time, an emergency C-section may save the mother and baby from harm. However, if the medical team is negligent in their monitoring and notices these issues too late or acts too late, the baby’s lack of oxygen may cause hypoxic-ischemic encephalopathy (HIE).

The Dangers of HIE

During labor, every second counts. Even a brief lack of oxygen can result in HIE, a type of newborn brain damage caused by a lack of oxygen and limited blood flow to the baby’s brain during labor and delivery.

If doctors were too late to perform a C-section in response to fetal distress, HIE can lead to permanent brain damage, resulting in a reduced quality of life.

We Will Help You Find the Answers

If your baby is suffering from brain damage, has an HIE or cerebral palsy diagnosis and was delivered via delayed or emergency C-section, you may have a case. Contact the experienced birth injury attorneys at The Yost Legal Group today: 1-800-YOST-LAW. You may have a case.

Assistive Technology Improves Quality of Life for Children with CP

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The team at The Yost Legal Group has created an infographic to demonstrate how assistive technology can help in the development – specifically the communication abilities – of children with Cerebral Palsy (CP), and how this technology can set them up for the utmost success.

Cerebral Palsy is a birth defect that occurs when the brain is deprived of oxygen during the delivery. Having cerebral palsy can often feel very limiting – especially for children who strive to fit in and be like everyone else.

The severity of each child’s CP disabilities can range from mild to severe not only impacting them physically and intellectually but also emotionally and socially. Some children with CP may have difficulty walking, while others may lack the ability to adequately communicate with others.

While there are aspects to CP that can make various functions more difficult, there are now a variety of devices with technologies that can help them to greatly improve with respect to everything from communications to mobility. This is called assistive technology.

Below is the infographic from the Yost Legal Group:

Assistive Technologies for Children with CP Infographic

What is Assistive Technology?

Assistive technology includes any piece of equipment that can be used to help an individual to perform an activity or improve their abilities. Not only can assistive technology help children with basic motor skills, it can also help them to bridge the gap from childhood into adulthood with independence. Some other benefits of using assistive technology devices may include:

  • More social engagement
  • Greater self-sufficiency
  • More social inclusion
  • Improved academic performance
  • Greater self-confidence
  • Improved communication

Types of Assistive Technology

Many children with CP struggle with communication, sometimes having muscle issues making it difficult to form words, be social, learn within group settings, and express needs and emotions. Often children with CP will work with Speech Language Pathology (SLP) Therapists or other professionals to improve these skills. Accordingly, SLPs often leverage assistive technology to help accomplish this. Such technology includes:

  • Digital communication boards
  • Speech-generating devices
  • Eye-tracking devices
  • Electric mobility scooters
  • Cochlear implants
  • Large-print computers & books

What Does This Mean For a Child With CP?

It is important to remember that when a team of medical specialists recommends these devices, they can make a big impact.  With the assistance of this technology, children with CP can gain a greater overall quality of life.

Maryland Delegates Are Working to Strengthen Statutes for Childhood Abuse Victims

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Maryland Delegates Are Proposing a New Bill

There is a groundswell happening all around the country. State-level politicians and non-governmental organizations are working together in numerous states to make it easier for the victims of childhood sexual abuse to seek justice. Delegates here in the Maryland General Assembly are also a part of this movement as they work to extend the statute of limitations for child sexual abuse victims in civil trials.

Last year, after members of the Maryland House of Delegates, proposed and passed the bill, it was then shut down in the Maryland Senate Judicial Proceedings Committee. Therefore, that bill never received a vote by the full Maryland Senate. We considered it a disappointing outcome. But we are hopeful things will turn out differently this year.

As Maryland House Bill 974, which aims to extend the statute of limitations for all victims of childhood sexual abuse to the age of 41, makes its way through the Maryland General Assembly, we will be monitoring it every step of the way.

Now that the Senate Judicial Committee has new leadership, our hope here at The Yost Legal Group is that the efforts of the House of Delegates won’t go to waste.

Everyone deserves justice, especially the victims of sexual abuse.

If you or a loved one has been the victim of childhood sexual abuse, you may have a case. Call the experienced attorneys at The Yost Legal Group at 1-800-YOST-LAW for a free initial consultation. We will help you find the answer.

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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.