Author: YostLaw

Lead Poisoning Remains a Major Concern for America’s Most Vulnerable Inhabitants

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Imagine you are sitting in a diner one cold winter morning. There is a hot cup of coffee or tea between your hands. You reach over to grab one of the small packets of sugar. You barely feel it in your hand. The packet weighs just one gram. That single gram is many times more than the federal hazard level for lead exposure in children. Here’s what I mean.

If you spread that one gram of lead equally across 100 rooms, each 10 feet by 10 feet, each space would still be 2x the federal standard for hazardous lead levels.

Lead is a natural heavy metal. It has no smell and it can exist in the environment and manufactured products while being invisible to the naked eye. Most importantly, lead is poisonous to the brain and is especially toxic to children. The Maryland Department of the Environment warns that “the major source of exposure for children is lead paint dust from deteriorated lead paint or from home renovation.”

The CDC Estimates 500,000 Children Have Lead Poisoning

According to the Center for Disease Control (CDC), there are no safe lead levels and as a child’s exposure increases, so do the chances of that child’s being afflicted by severe adverse side effects.

Even low levels of lead exposure, once thought to be safe by doctors and researchers, have now been linked to impaired intelligence, significant losses in IQ points, emotional instability, and a rise in violent and criminal behavior. Extreme exposure can even lead to death.

Lead-exposed children will have to deal with the effects of their lead poisoning for the rest of their lives. The brain injury caused by lead not only impacts the individual, but also entire families, who often struggle with finding the right educational and social environments for their children. The brain injuries caused by lead poisoning are incurable, causing a life-long burden innocent victims have to bear.

In 2014 (the last time numbers are available), the CDC estimated that more than 500,000 children had elevated blood lead levels. It is an absolutely staggering number.

We here at The Yost Legal Group understand the severity of this issue all too well. Baltimore has been a hotbed for lead-related issues. The old housing stock (from before the use of lead-based paint was criminalized) and a wide gap in socio-economic equality put many children at risk.

From the firm, Samuel R. Pulver, Esq. said, “It is always important when people are made aware of the serious consequences lead poisoning has on society even to this day.”

He went on: “Lead has a disproportionate impact on Baltimore’s residents. The dangers of lead poisoning impact our most vulnerable inhabitants, children.”

If you or a loved one has been diagnosed with lead poisoning and lived in an older or poorly maintained home, you may have a case. Call the Yost Legal Group at 1-800-YOST-LAW for a free initial consultation with our expert lead poisoning attorney. We will help you find the answers. There is no expense unless you recover.

Defective Hip Implants Are Leading to Lawsuits

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Do You Know What Brand of Hip You Have?

Hips are in the spotlight right now on some of the biggest stages around the world. Andy Murray, Sybil Shapiro, and Al Roker have all made successful comebacks in their respective fields after hip resurfaces and replacements. Unfortunately, for many other people, hip replacements have only caused new problems. Was your brand of hip recalled? You may have a case…

The Right Hip Makes a World of Difference

In October, nearly ten months after hip resurfacing surgery, Andy Murray won the European Open, his first tournament win of the year. Two years after a hip replacement, long-distance runner Sybil Shapiro is winning races again and setting personal records. Elsewhere, Al Roker recently made a triumphant return to television after his hip replacement.

These success stories are but a fraction of the new beginnings people have had after hip surgeries. But your recovery from a hip replacement starts with receiving the right kind of implant.

What You Need to Know

If you received a hip implant between 2006 and 2016, check your records to see if you received one of these now-recalled hips…

If you received one of these implants between 2006 and 2016 and have experienced severe hip and leg pain, tissue and bone damage, or metallosis after the procedure, a defective product may be the cause.

Contact the experienced defective medical device attorneys at the Yost Legal Group today at 1-800-YOST-LAW. We will provide free initial consultation and help you find the answers. There is no fee or expense unless you recover.

Seizures in Newborns

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What Is the Most Common Cause of Neonatal Seizures?

Did Malpractice Lead to Your Newborn’s Seizures?

Last week, I was researching birth injuries and came across a fascinating paper from the American Academy of Neurology about the causes of seizures in newborns. In studying neonatal seizures, a multicenter cohort of researchers found that 58% of their subjects experienced seizures after sustaining a preventable birth injury.[1]

What You Need to Know

Seizures are the most common neurological problem for newborns. And thanks to research out of the University of Wisconsin Medical School, we know that newborns have a higher risk of seizures than any other age group.[2]

The multicenter cohort published findings that 58% of their subjects experienced seizures as a result of hypoxic-ischemic encephalopathy (HIE) despite being treated with the cooling protocol (therapeutic hypothermia). That means more than half of the newborns who were a part of their study suffered seizures as a result of the brain injury they suffered. It is a staggering number.

HIE is 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 medical professionals did not notice the signs of perinatal asphyxia (PNA) during labor and delivery, your child can suffer permanent brain damage, resulting in a reduced quality of life.

Symptoms of HIE include:

  • Weak breathing
  • Low heart rate
  • Poor muscle tone
  • Weak reflexes
  • Acidosis (umbilical cord blood pH of 7.0 or below)

To treat HIE, doctors use therapeutic hypothermia, which lowers the newborn’s body temperature to treat the effects of the birth injury. However, as the multicenter cohort found, 58% of newborns in their study suffered seizures after this treatment, signifying that, while therapeutic hypothermia is an important treatment, it does not alleviate all brain injuries caused by HIE.

Generally, proper and timely medical care during labor and delivery should prevent perinatal asphyxia (PNA), hypoxic-ischemic encephalopathy (HIE), and permanent brain damage to newborns. If your child exhibited seizures and received therapeutic hypothermia shortly after birth, medical malpractice may be the cause of your child’s birth injury.

We Can Help

Contact the experienced birth injury lawyers at the Yost Legal Group today at 1-800-YOST-LAW. We will provide free initial consultation and help you find the answers. There is no fee or expense unless you recover.

[1] Hannah C. Glass, et al., “Risk Factors for EEG Seizures in Neonates Treated with Hypothermia” https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4001204/ (April 8, 2014)
[2] Raj D. Sheth MD, Gerald R. Hobbs PhD, and Martha Mullett MD, “Neonatal Seizures” (Madison: Journal of Perinatology, 1999)

Hip Implant Recalls and How They Work

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When a company learns that there is a problem with one of its medical devices, they have a responsibility to alert consumers. The company will propose a correction or removal depending on the type of situation. When the manufacturer does so, the FDA refers to this action as a “recall.” Medical devices are recalled when they are a risk to a consumer’s health, are defective, or both.

Recalling Medical Devices

 In some cases, a company (manufacturer, distributor, or other responsible parties) voluntarily recalls a medical device. When a company learns that its product violates FDA regulations, it initiates a recall (through correction or removal) and then notifies the FDA. The FDA is also allowed to demand the recall of a medical device.

 The FDA will review the company’s proposed strategy, assess the health hazard, and determine whether the issue violates FDA law or requirements. If it does so, it will assign the recall a classification (I, II, or III) -I being the most serious, in order to indicate the relative degree of risk that defective product poses to someone.

The FDA will post about it in the Medical Device Recall Database as well as in the weekly Enforcement Report in order to notify the public. Once the violation has been remedied and the health hazard has been fixed, the FDA can then terminate the recall.

Metal on Metal Hip Replacement Recall

Parts of the Smith & Nephew Birmingham Hip Resurfacing and R3 Acetabular System were recalled in 2012 when the metal liner used in the hip was found to be defective. Like the Birmingham Hip Resurfacing System, the R3 System failed at a higher-than-normal rate—forcing hundreds of patients to undergo revision surgery.

Each year hundreds of thousands of patients undergo hip replacement surgery. Many of these devices have been recalled due to unsafe product defects and side effects, including releasing metallic ions into the patient’s bloodstream and causing Metallosis. Other problems include loosening of the implant, a squeaky hip, joint dislocation, and severe pain.

The Yost Legal Group is Here to Help

If you or a loved one has suffered from the harmful side effects of metal hip implant products, the defective hip attorneys at the Yost Legal Group can investigate your case and help you obtain the justice you deserve. For a free consultation, please call us at 1-800-YOST-LAW.

Patient Safety Tips: How to Take Charge of Your Healthcare

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Patient safety measures help prevent mistakes and medical malpractice. As studies show that preventable injuries and errors are on the rise, it is no surprise that injured patients initiate most medical malpractice lawsuits. At the Yost Legal Group, we are too familiar with the injuries that occur with what began as a regular hospital visit. As a patient, it is essential to take an active role in your healthcare encounters. Here are some tips to enhance patient safety when receiving care.

Take Notes

In an increasingly complex healthcare system, it can be difficult to know who exactly oversees your care at each stage of a potential diagnosis or procedure. Taking notes can assist you while identifying the functions of each staff member involved in your care. Keeping personal records of your treatment can also help pinpoint if malpractice occurred; this is because mistakes can happen during an exam, surgery—even in a misdiagnosis or prescription error.  Writing down the facts of your encounters and the names of each staff member providing treatment puts you in the driver’s seat of your healthcare.

Be Your Own Health Advocate

You are the expert of your own body! Whether you notice changes in your breathing or are in extreme pain, your observations about your body are important. Further, be prepared to offer your healthcare providers a list of any medications you are currently taking—most pharmacies are happy to provide you with a wallet-sized, printed card with your current medications and doses listed.   The truth is that no one cares more about your treatment and recovery more than you do! You are not only a patient but a partner in determining your best care.

Ask Questions

You should be knowledgeable about your medications, upcoming procedures, and diagnoses. While hospital staff are required to answer patient questions, speaking with knowledgeable individuals is also an excellent way to learn about your ailments.  So, do not hesitate to get informed about your care. Staying curious not only allows you to understand what is going on with your body, but a more in-depth understanding helps gauge if you are receiving the correct treatment or seeing the right physician.

Get a Second Opinion

Everyone has had an experience of not being able to get in contact with your doctor, or not being heard in an appointment. To make matters worse, finding the correct professional can be a real challenge! However, looking up online reviews of your doctors and your hospital’s safety ratings can be a good starting point. Doctors have diverse educational backgrounds that allow them to see your healthcare differently. Even hospitals have different levels of care, ranging from a Level 1 community hospital to a Level 3 hospital commonly are affiliated with a major university. Overall, the work of seeking out a physician who gets your unique circumstances, and a hospital facility with the level of services to meet your needs, can avoid more issues in the future.

You can help create a safer healthcare environment for all patients. Medical malpractice happens often, and many injured patients are unknowingly entitled to compensation. If a preventable mistake by a healthcare professional has hurt you or a loved one, contact The Yost Legal Group at 1-800-YOST-LAW. Our Baltimore medical malpractice team is available to provide a free and confidential consultation about your rights as a victim of medical malpractice.

Unanimous Jury – Roundup Causes Cancer

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BAYER’S FEET HELD TO THE FIRE AFTER JURY FINDS THAT ROUNDUP CAUSED CALIFORNIA MAN’S NON-HODGKIN’S LYMPHOMA

Bayer is certainly feeling the heat with its stock plummeting 12.5%, overnight (the biggest intraday loss in 16 years – estimated to have cost Bayer about $9.1 billion), after a second California jury ruled on Tuesday (March 19, 2019), that its weed killer, Roundup, causes cancer. This second verdict falls on the heels of an August 2018 verdict, where a groundskeeper was awarded $289 million after a state court jury in San Francisco found that Roundup caused his non-Hodgkin’s lymphoma. That verdict was later reduced to $78 million and is now on appeal.

With over 11,200 Roundup cases currently on file in various jurisdictions across the United States, this is the first matter to have gone to trial in federal court, and a second trial is scheduled to start in May. The Plaintiff in this case, Edwin Hardeman, is one of approximately 2,000 plaintiffs with a Roundup case currently pending in a MultiDistrict Litigation or “MDL”, in the United States District Court, Northern District of California. More specifically, the Roundup MDL is a consolidation of all federally-filed Roundup cases involving individuals who have been diagnosed with non-Hodgkin’s lymphoma, following their use of the herbicide. Likewise, there are similar coordinations in several state courts, including California and Missouri.

In January, the presiding judge in the Roundup MDL, Judge Vince Chhabria, made a rather unusual ruling, deciding that Mr. Harderman’s case would be bifurcated (i.e., completed in two separate stages). The first stage involving the jury having to decide whether Roundup significantly contributed to Mr. Harderman’s development of non-Hodgkin’s lymphoma; and the second stage involving the jury having to decide liability (i.e., whether Bayer knew, or should have known, that Roundup causes cancer) and damages. Having concluded that Roundup was a substantial factor in causing Mr. Harderman’s non-Hodgkin’s lymphoma, the jury will now hear testimony regarding Bayer’s conduct (what it knew or should have known) and how having cancer has impacted Mr. Harderman’s health and well-being.

Despite two consecutive juries concluding that Roundup causes cancer, Bayer remains confident that the Harderman jury will find zero fault with its conduct, citing its reliance on the overwhelming scientific data, including the draft human health risk assessment published by the Environmental Protection Agency (EPA) in December of 2017, that concludes that Roundup is most likely not carcinogenic to humans. However, Bayer’s confidence may be ill-placed as documents that were recently unsealed suggest that Bayer had ghostwritten the favorable research on which it now relies in support of its claims that it did not act negligently in warning consumers about the potential harms and risks associated with its products. Even more, these recently unsealed documents revealed that a senior EPA official worked to quash a government review of Roundup and that there was disagreement within the EPA regarding its December 2017 risk assessment.

The Yost Legal Group is currently investigating Roundup claims from all 50 states. If you or a loved one has been diagnosed with non-Hodgkin’s lymphoma following exposure to Roundup, you may be entitled to compensation. To find out if you have a claim, please contact our toxic exposure attorneys today at 1-800-YOST-LAW for a free consultation, or fill out one of our Case Evaluation Forms. Shortly after clicking “submit,” an experienced, Yost Legal Group professional will contact you to review your information and answer any questions you may have. Remember, there is no fee or expense unless you recover.

Pope’s Summit On Sexual Abuse In The Church Acknowledges The Problem But Is Short On Solutions

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The first Vatican summit on sexual abuse confirmed that misconduct happens within the Catholic Church and has for decades.  After international pressure, the conference was intended to make steps toward resolving wide-spread abuse among its clergy. Catholic priests and bishops are facing criminal trials across the globe. Currently, 17 states in the U.S. have continued investigations into pedophile priests. But no resolution to this cultural problem within the church has been clearly defined.

The Pennsylvania Attorney General has released a groundbreaking report confirming sexual abuse against 1,000 children from a grand jury investigation. Subsequent investigations in other states confirmed similar criminal misconduct. Only months into 2019, Virginia, Maryland and New Jersey, have also named some 300 clergy members who engaged in illegal sexual activities. Mid-Atlantic results add to the growing list of some 1,300 credibly accused American priests in these recent investigations.

The cycle of clerical abuse and subsequent cover-ups by the Catholic Church has been impossible to ignore any longer. Some clergy members in the highest levels of authority have been implicated in covering up what has been described as a culture of sexual abuse of children and others. The outcome of the Pope’s four-day Summit did not provide concrete ways in which the church will stop abuse within its leadership. One thing, however, is clear; the public will not expect the church to police itself in these matters.

Discussions among Catholic Church leadership does not right the wrongs of countless pedophiles within its membership. There is a renewed interest to criminally prosecute pedophile clergy, even for events that occurred decades ago. The Catholic Church and other churches are cooperating by turning over records of reported misconduct. Although some church communities have acknowledged destroying those records, criminal trials are being conducted around the world.

To date, legal action has proved the most effective way victims can hold their abusers accountable. If a clergy member abused you or a loved one, you might be entitled to compensation. Our trusted sexual misconduct attorneys at The Yost Legal Group are available to help hold leadership responsible for their criminal behavior.  Call 1-800-YOST-LAW for a free and confidential discussion about your options for a sexual abuse claim against the Catholic Church.

Thousands of People are Injured or Killed Each Year Because of Fatigued Truck Drivers

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Each year, over 200,000 accidents occur between large trucks and automobiles killing approximately 4,000 people and severely injuring thousands more.  Most collisions occur during good weather conditions on straight roadways.  A large number of accidents are due to sleep-deprived truck drivers.  Despite the Federal Motor Carrier Safety Administration setting industry regulations which limit the number of consecutive hours a trucker can drive, drivers are still often overly fatigued due to long hours on the road.

Under current regulations, after ten hours off duty, a driver can drive up to 11 hours within the next 14-hour window.  Drivers are also limited to driving a maximum of 70 hours every 8 days.  However, many truck drivers suffer from a condition called obstructive sleep apnea.  Studies have shown that those who suffer from sleep apnea are not as well-rested as those without the condition.  Therefore, a driver with sleep apnea is less alert and more likely to doze off while driving.  Unfortunately, federal legislators do not require drivers to be screened for obstructive sleep apnea so many do not even know they have the condition.

On a sunny day in August of 2010, a Maryland woman was killed and her 12-year-old son suffered a traumatic brain injury which permanently disabled him while they were on vacation in Ohio.  The driver of the tractor trailer behind them dozed off at the wheel and slammed into the back of their rental car when it came to a stop at a construction zone.  The woman was killed instantly and her son was critically injured and near death with a crushed skull.  The driver of the tractor trailer, a 30 -year industry veteran, had slept 3 hours and 20 minutes before starting work at 3:00 a.m.

A fatal or near-fatal accident due to truck driver fatigue can happen at any time.  Drivers continue to drive even while exhausted.  If you or a loved one has suffered harm which resulted from a tractor trailer accident, call the experienced truck accident lawyers at The Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529).  We will investigate your case and help you get the justice you deserve.  Call today for a free consultation.

Alert Today – Alive Tomorrow: How to Avoid The Dangers of Distracted Driving

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According to the Centers for Disease Control and Prevention (CDC), approximately nine people are killed and more than 1,000 are injured in the United States each day as a result of distracted driving. The increased popularity of cell phone use in recent years has drivers paying less attention to the road and more attention to phone calls, text messages, and social media apps. Despite 15 states banning hand-held cell phone use and 47 states banning texting while driving, the National Highway Traffic Safety Administration (NHTSA) reports that around 660,000 drivers are still using cell phones or other electronic devices while driving every day. This has caused an epidemic of distracted driving across the country, with drivers, passengers, pedestrians, and cyclists facing unintended and sometimes even deadly consequences.

The state of Maryland is not exempt from feeling the fatal effects of distracted driving. In 2015, an Anne Arundel County woman was indicted in the first texting-while-driving case in the county involving a death. Cellphone records show that the 21-year-old woman was sending text messages at the time that she turned her vehicle off a side street and crashed into a 30-year-old motorcyclist who had the right of way. The motorcyclist died from his injuries and the young driver was charged with negligent manslaughter. This is just one of many examples of an accident that could have been prevented if the driver of the vehicle had not been driving distracted.

Despite the alarming number of distracted driving incidents occurring daily, there are simple steps that can be taken to minimize the risks of distracted driving. First and foremost, don’t pick up the phone. If you need to respond to a phone call or text message while alone, pull over and park your car before doing so. Alternatively, you can assign a passenger as the “designated texter” and allow them access to your calls and messages while you drive. To eliminate the temptation altogether, put your phone in the backseat, trunk, or glove compartment during your trip. If this makes you uneasy, several phones and apps now have settings that will disable your cell phone while your car is in motion, ensuring that you can’t get distracted by the device while behind the wheel.

Distracted driving can be easily prevented, but that doesn’t mean that every driver on the road will stop picking up their phone when it rings or typing up a quick text message in response to a family member or friend. If you or a loved one has been harmed as the result of a distracted driving incident, call the experienced auto accident attorneys at The Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529). We will review every detail of your claim at no cost to you and will help give you the answers you deserve. Call today for your free consultation.

Catholic Church Sexual Abuse Update in Maryland

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Accounts of predatory priests and childhood sexual abuse scandals within the Catholic Church have hurt many populations and continue to affect those in the mid-Atlantic region.  In August 2018, a 1,000-page grand jury report issued after a two-year investigation revealed sexual abuse of children across dioceses in Pennsylvania, and cover-ups from the Vatican. Encouraged by the grand jury report, other states have begun similar reviews of church conduct in their dioceses.

In Maryland, progress has taken place following the September 2018 launch of the Attorney Generals’ involvement to pinpoint sexual abuse by clergy. To date, the state’s office has begun a review of over 50,000 internal files released by the Archdiocese of Baltimore, and a list of 30 credibly accused priests from the Maryland Provinces Jesuits. Awareness of wide-spread sexual abuse has also resulted in the creation of The Office of the Attorney General Child Sex Abuse Hotline for Maryland residents. This hotline is a tool for victims to report knowledge of abuse and can be reached at 410-576-6312 or by email at report@oag.state.md.us.

In Pennsylvania, the Catholic Church started the Survivors’ Compensation Program to aid recovery from the 300 predatory priests named in the grand jury report. While not a perfect solution, the church offered opportunities for victims is helpful as legal resolve is sometimes difficult to achieve. Following the state-mandated timeline is the main problem in sexual abuse cases. This Statute of Limitations allows abuse cases to be filed only a few years after sexual abuse happened. As such, many victims of childhood sexual abuse find their Statute of Limitations has expired once they are ready to take legal action. Further, while timeline reform for sexual assault cases is under discussion in many states, it is not yet a reality for all victims.

The question remains if Maryland state prosecutors will institute criminal actions against abusers. It is also uncertain if the Catholic Church will use a similar compensatory program as seen in Pennsylvania. However, the repercussions of the two-year grand jury report have prompted needed investigation around the country. And as victims bravely speak out in hopes of stopping the culture of pedophiles within the Catholic Church, justice seems inevitable.

If a person of power in the Catholic Church has abused you or a loved one, you may be entitled to compensation. Our trusted sexual misconduct attorneys at The Yost Legal Group are available to help hold those in clergy positions responsible for their shocking behavior.  Call 1-800-YOST-LAW for a free and confidential discussion about your options for a sexual abuse claim against the Catholic Church.

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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.