Author: YostLaw

The Truth Behind Dangerous Medical Devices

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Recently, attorney Tom Yost sat down with Elsa, from WMAR’s Midday Maryland to discuss the potential dangers of medical devices, specifically Essure birth control and metal on metal hip implants. He talks about the way in which the FDA approves these devices and allows them to be sold. As well as what the next steps should be if someone has this device and is being harmed by it.

Essure is a non-surgical permanent form of birth control that was offered as an alternative to tubal ligation. The device consists of two metal coils made of nickel that are inserted into the fallopian tubes. Often times this device tends to migrate or cause these women terrible side effects that may include: nickel poising, heavy bleeding, and severe abdominal or pelvic pain. The only way to stop these symptoms from occurring is to have a hysterectomy to remove the device. The FDA took Essure off the market in December 2018.

The metal on metal hip implants made from manufacturers including Smith & Nephew and Stryker have recalled a number of their implants due to the fact that these devices are failing way too early. Often times those with the implant had a metal on metal hip and the metal began corroding into the bloodstream causing cobalt poising or metallosis. Since the implants were failing at a much higher rate instead of lasting the projected 10 to 15 years as originally advertised, this would result in the person needing a revision surgery. The litigation for these hips is taking place at the District Court in Baltimore.

If you are one of the 750,000 women in the United States with the Essure implant or part of the 20,000 to 30,000 men and women with a metal on metal hip, here are the next steps that you should take. Research the device that you currently have. Determine if the side effects that you have read about are what you are experiencing and discuss with your doctor. Submit an adverse event report to the FDA in regards to the manufacture distributing a defective device. Reach out to a lawyer because there may be a time limit on how long you have to file a claim.

Here at The Yost Legal Group we feel that these big manufacturers should be held liable for the sale of these products. If you or a loved one has been harmed by Essure or the metal on metal hips, or if you would like more information about these products, contact The Yost Legal Group at 1-800-YOSTLAW today for a free consultation. The attorneys at the Yost Legal Group will investigate your potential claim and lawsuit.

Shoulder Dystocia and Lack of Oxygen to the Brain

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Shoulder dystocia occurs when the baby’s head emerges during delivery, but one or both shoulders remains trapped behind the mother’s pubic bone, preventing completion of delivery of the baby. This may cause the baby to suffer from oxygen deprivation if the umbilical cord is compressed between the baby’s body and the mother’s pelvis, or if the baby’s neck is compressed at an angle that prevents blood flow.  An interruption of the baby’s oxygen supply (hypoxia or asphyxia) during delivery can result in a permanent brain injury commonly diagnosed as hypoxic ischemic encephalopathy (HIE).

The chances of a baby having a hypoxic brain injury as a result of shoulder dystocia increase the longer the baby is stuck in the birth canal.  Therefore, shoulder dystocia is always an obstetric emergency which must be very promptly recognized and treated.  Treatment requires the attending medical staff to use one or more procedures, or obstetric maneuvers, to release the trapped shoulder and delivery the baby. Once the baby is delivered, careful monitoring is required to assess the baby’s initial neurologic condition, including a check of the baby’s color, muscle tone, cord blood gas level, and brain wave activity.  Abnormal findings in the first hours and days of life, such as irregular muscle tone, seizures, trouble sucking, and/or severe acidosis (cord blood gas level with a pH value which is less than 7 (pH < 7) would all be indicators of an HIE brain injury.

Although there are other risks associated with shoulder dystocia,  including brachial plexus injury (nerve damage to the shoulder, arm, or hand) or bone fracture (typically the collarbone or shoulder blade), a hypoxic brain injury is the most severe result of shoulder dystocia because it may cause permanent brain damage limiting a child’s growth and development for a lifetime.

If your child suffered a birth injury, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case.

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

The Yost Legal Group – Experience. Compassion. Results.

Trunnionosis—Once Again, Proof That Metal and Hips Don’t Mix

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Thirty years ago, trunnionosis surfaced as a diagnosis to characterize corrosion and wear occurring in hip replacements at the head-neck interface that connects with the thigh bone (femur). Historically, orthopedic surgeons often found corrosion or wear associated with hip implant failures in the area of the hip bone (acetabulum), but not the femur. More recently, however, doctors are frequently finding hip failures resulting from trunnionosis occurring at the femoral head-neck junction of the device. Statistics confirm the rise of trunnionosis as a diagnosis in cases of hip implant failures.

Studies suggest that the recent increased findings of trunnionosis in hip implant failures result from the metal materials used in newer hip replacement devices. Next generation metal hip products like the Zimmer M/L Taper femoral stem and the Stryker LFIT V40 femoral head are contributing to the rise in trunnionosis found in patients. This usually leads to a painful hip revision surgery. These artificial hip systems consist of a stem attached to a round head that mimics the body’s natural cup system, which allows leg movement.

Similar to earlier developed metal-on metal-hip implant systems, toxic metals released from the corrosion and wear caused by products like the Zimmer M/L Taper and Stryker LFIT V40 lead to adverse metal reactions, such as metallosis and pseudotumors.  Metallosis causes a variety of medical complications, including bone and tissue damage. Pseudotumors result from the body’s attempts to repair the area around the device, creating a buildup of fluid in the pelvic cavity. Both constitute classic diagnostic signs of a hip implant failure caused by metal-on-metal wear or corrosion.  In almost all cases, this necessitates a painful and expensive hip revision surgery, followed by a long period of recovery.

Sadly, the familiar story of defective metal-on-metal hip replacement devices now surfaces again with newer products like the Zimmer M/L Taper and the Stryker LFIT V40. These manufacturers have refused to learn from their past mistakes with older metal-on-metal hip replacement systems and must be held accountable.  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-YOSTLAW.

Maryland Drivers Ignore School Buses’ Red Flashing Warning Lights, Needlessly Endangering School Children

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The National Highway Traffic Safety Administration (NHTSA) boasts that students are 70 times more likely to get to school safely than traveling by car. Buses are also equipped with many safety features bright yellow paint, flashing red lights, and stop sign arms to direct and navigate traffic.  But Maryland drivers are often ignoring the bright red flashing lights and driving by school buses as they pick up or drop off students.

The law in Maryland is clear, drivers must come to a complete stop when the flashing red lights on a school bus are activated and wait until the lights have been turned off before proceeding forward.  This always applies to all traffic traveling in the same direction as the stopped school bus. It also applies to vehicles traveling in the opposite direction except where there is a divided median.  Only where there is a is a concrete median or grass median dividing the lanes, can traffic traveling in the opposite direction of the bus proceed.  Violators of this Maryland Motor Vehicle Code can be given a fine of up to $570.00 and have three points assessed on their driving record.  The Maryland State Department of Education (MSDE) is encouraging police to better enforce this law designed to protect children while getting on and off school buses.

The MDSE has conducted surveys in all 24 counties to determine the extent this law is being violated.  In the latest survey for the 2017-2018 school year, there were 3,812 school bus driver reports of vehicles not stopping when students were being loaded or unloaded from school buses.  However, the real numbers measured by bus cameras are much higher.  Counties are beginning to expand school bus camera enforcement programs where school buses have cameras that take pictures of vehicles as they pass school buses with their flashing red lights on. Under the program, the owner of the vehicle which passes a stopped bus with flashing red warning lights is given a $250 ticket.

Montgomery County school bus camera enforcement program cited 4,800 car owners for violations in the 2016 school year when only 12 buses had cameras installed. In the 2018 school year, 500 of its 1,200 buses had cameras installed to record dangerous motorists who did not stop for school buses.  Montgomery County counted 19,566 citations issued to the car owners where their vehicle dangerously and illegally passed a school bus with red flashing lights.  Expanding the school bus camera enforcement program is critical to making reckless drivers aware of their obligation to stop at red flashing lights. Student safety depends on drivers following the law to permit them to travel to school safely.

If you or a loved one has been harmed as a result of a serious school bus accident, call the school bus accident lawyers at The Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529).  The Yost Legal Group has extensive experience in handling school bus accident claims in Baltimore and throughout the state of Maryland. We will review every detail of your situation at no cost to you and help provide answers you seek. And, there is no fee or expense unless you recover.

The Yost Legal Group – Experience. Compassion. Results.

History Repeats Itself: MDL Created for another Defective Zimmer Metal on Metal Hip Replacement

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In recent years, federal MDL’s (Multi-District Litigations) have been created for a large number of defective metal-on-metal hip replacements, including Smith & Nephew’s BHR and R3;   Stryker’s Rejuvenate, ABG II and LFIT V40; as well as many others. In 2010, a large number of cases involving Zimmer’s defective metal-on-metal Durom Cup hip replacement system were consolidated in a federal court MDL in New Jersey. Eight years later, because of high failure rates associated with its M/L Taper system, Zimmer now faces another MDL for this defective metal-on-metal hip replacement product.  On October 3, 2018, a federal judicial panel entered an order centralizing 21 federal cases involving the Zimmer M/L Taper, Kinectiv and VerSys metal-on-metal hip devices before Judge Paul Crotty of the Southern District of New York (In Re: Zimmer M/L Taper Hip Protheses Products Liability Litigation, MDL No. 2859).

Sadly, the story is a familiar one.  The Zimmer M/L Taper hip implant titanium and cobalt-chromium metal components cause excessive wear (fretting or trunnionosis), corrosion, and release of metal debris into the bloodstream. Like other similar failed metal-on-metal hip replacement products, this causes the patient implanted with a Zimmer M/L Taper system to suffer from metallosis, loss or damage to bone and tissue, and other injuries. In almost all cases, these injuries require a corrective revision surgery.

The formation of an MDL makes it easier to coordinate issues and proceedings that will apply to all the M/L Taper cases.  Ultimately, the MDL process usually results in what is known as bellwether trials. A bellwether trial provides a way for the parties to test their evidence and arguments before a jury, with the goal of moving the overall litigation towards a resolution of all the MDL cases.  Bellwether cases typically involve facts that are representative of other cases in the wider litigation.  The outcomes of bellwether trials often inform parties in determining whether they will continue to litigate or settle the other claims, and on what terms.

When patients are forced to undergo a painful and costly revision surgery following the implant of a defective and dangerous product like the Zimmer M/L Taper hip replacement system, Zimmer must be held accountable.  Our firm’s experienced hip replacement lawyers work for individuals who have been harmed by this defective Zimmer device.  If you or a loved one has been injured or required revision surgery following the implant of a Zimmer M/L Taper hip replacement system, or another defective hip device, the attorneys at the Yost Legal Group will investigate your potential claim and lawsuit. For a free consultation, please call us at 1-800-YOSTLAW.

Preeclampsia, Placental Abruption and Birth Injuries

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It is estimated that every 1 in 100 births is affected by preeclampsia and placental abruption. These conditions can not only cause harm to the baby, but to the mother as well. Often times these birth injuries can have an impact on the child for the rest of their life.

Preeclampsia occurs when an expectant mother develops high blood pressure, usually after 20 weeks of pregnancy, and this complication of pregnancy can also affect other organs such as the liver and kidneys. The earlier in the pregnancy that preeclampsia occurs, the greater the risk it creates for both mother and baby. One of the biggest signs that an expectant mother may have preeclampsia is if her blood pressure is 140/90 or higher.  Preeclampsia can also cause organ damage and a drop in blood platelets.  In addition to checking blood pressure, diagnosis of preeclampsia can include blood work (to check for low platelets or thrombocytopenia), and urinalysis (to check for an elevated level of protein in urine, or proteinuria).

The developing baby, too, is at risk from preeclampsia, with its complications including reduction of blood flow to the placenta, which can restrict the baby’s growth (fetal growth restriction) or separation of the placenta from the uterine wall (placental abruption) which can cause life-threatening bleeding to both mother and baby, and loss of oxygen to the baby.  If there are any signs of a placental abruption an immediate delivery, usually by caesarian (c-section), may be required. Failure to promptly deliver the baby can result in permanent brain damage due to loss of oxygen (hypoxic brain injury).

If your child suffered a brain injury at birth, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). The birth injury attorneys at The Yost Legal Group are experienced and caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case.

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

Vulnerable Children and Adults in Group Homes Face Risk of Abuse

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Many questions and concerns should be considered when an individual and their family members or guardian explore long-term residential care options. The terminology used to describe these residential facilities varies. For example, they may be referred to as group homes, care homes, or residential care facilities.  Sadly, one consideration concerns whether placing an individual in such a facility exposes them to the risk of abuse.

The development of group homes resulted from a societal need to provide care to vulnerable people with complex care needs. Care homes are designed to help such people by providing a communal environment where health and social care providers meet the cognitive and physical needs of the residents on a 24-hour basis. Unfortunately, this is not always the case, as many residents suffer from the harmful effects of neglect or abuse.

Statistics regarding the amount of abuse that goes in these facilities shocks the conscience. An organization based in Los Angeles called The Disability and Abuse project, a group whose focus aims at combating physical, sexual, and emotional abuse of people with developmental or intellectual disabilities collected important data concerning this issue. In conducting a recent nationwide survey, they gathered more than 7,200 responses.

The results of the survey found that 70% of those with developmental disabilities in group homes had been neglected, assaulted, or otherwise physically or sexually abused. More than 50% of these individuals alleged suffering physical abuse, while 41% reported sexual abuse. Similar studies have shown that people with developmental disabilities are more likely to be victims of abuse by someone they know. Unfortunately, they are also more likely to remain in abusive conditions. Although these statistics may appear to be alarming, experts believe they are actually understated, as a considerable amount of the abuse that takes place is never reported. Regrettably, the abuse occurring in these residential facilities often affects victims who are less likely to have access to the justice system, such as being able to consult with an attorney.

If you suspect your loved one has suffered and been the victim of abuse within a group home, call The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259), for a free consultation with one of our experienced attorneys.

Complications from Fetal Macrosomia

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A baby born weighing more than 8 pounds 13 ounces (or 4,000 grams) weighs significantly more than the average baby, and so meets the definition for macrosomia, or “big baby syndrome”, which carries with it the risk of injury during delivery.   If the baby’s birthweight is even greater – 9 pounds 15 ounces (or 4,500 grams) and above – the chance of injury during birth is even higher. Roughly 10% of all babies born within the United States are born with fetal macrosomia.

Among the greatest risks during delivery of a baby with macrosomia is the possibility the baby will be too large to safely navigate the birth canal and will suffer injury from complications such as shoulder dystocia (baby’s head emerges, but a shoulder remains trapped behind the mother’s pubic bone, preventing completion of delivery of the baby), brachial plexus injury (stretched or torn nerves in the baby’s affected shoulder and arm) and interruption in the baby’s supply of oxygen, which can cause permanent brain damage to the child.  There are also risks of injury to the mother delivering a baby with macrosomia, including excessive bleeding (hemorrhage) and uterine rupture.

A mother is at an increased risk of delivering a baby with fetal macrosomia if she has gestational diabetes (diabetes which begins during pregnancy); if she has previously given birth to a baby that had fetal macrosomia; if she gains more than the average amount of weight during her pregnancy; if her baby is born more than two weeks beyond the due date; or, if the expectant mother is over 35 years old.

Management of macrosomia includes delivery of the baby via C-section to prevent the baby from suffering a shoulder dystocia and related complications (nerve damage, loss of oxygen and/or permanent brain injury) of vaginal birth, or attempted vaginal birth, of a baby with macrosomia.

If your child suffered a birth injury, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case.

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

Increasing Motorcycle Fatalities in Maryland

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The Governors’ Highway Safety Association’s most recent report indicates that nearly 5,000 people are killed in motorcycle accidents each year.  Even with Maryland’s strict helmet laws, motorcyclists are still dying at a higher rate than other motorists. When a motorcycle rider does survive a crash, their injuries can be life-changing.  Injuries such as fractures, loss of limbs, and traumatic brain injuries are common in motorcycle crashes. Frequently the motorcycle rider is left with large medical bills and lost time from work.

Reliable statistics show that most of the collisions involving motorcycles are the fault of the other driver and not the rider. Car and truck drivers usually pull out in front of the motorcycle or turn in front of them taking the motorcycle rider’s right-of-way. This is true in daylight and at night. The issue becomes one of conspicuity. Although the motorcycle is there plain as day to be seen, the other driver just does not see them. Many drivers are not looking for motorcycles and miss them when they expect to see only a large car or truck.

Riders need to take as many precautions as possible. Bright colored clothing should be worn and reflective yellow traffic vests can improve the visibility of the motorcycle. Always use your headlight. Loud exhaust pipes can help because if the driver hears the motorcycle, then they will look for one. There is safety in numbers. Riders who travel together make it much easier for drivers to see the bikers. These suggestions make it easier to be seen. There are other safety considerations. Always wear a helmet. Head injuries can be fatal, but even just a mild blow to the head can cause a traumatic brain injury. Road rash is painful and can cause disfigurement. It is important to wear protective clothing and gear to prevent scarring.

If you or a loved one becomes a victim of another driver’s inattentiveness, it is important to get legal advice. At the Yost Legal Group we always provide free initial consultations to injured riders. Call us today at 1-800-YOST-LAW (1-800-403-7259) or find us on the web at www.yostlaw.com. There is no fee or expense unless you recover. We have recovered millions for injured riders.

 

 

 

 

 

 

 

 

 

 

 

Dangerous carcinogens discovered in heart medication Valsartan

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In July of 2018, concerns about cancer prompted the FDA (Food and Drug Administration) to issue a voluntary recall for the blood pressure and heart medication Valsartan. Doctors prescribe Valsartan for patients to treat their high blood pressure and congestive heart failure.  Pharmacies are sending letters to patients who have been taking Valsartan, advising them that the drug may contain the cancer causing chemicals Nitrosodimethylamine (NDMA) and Nitrosodiethylamine (NDEA). A Chinese company, Zhejiang Huahai Pharmaceutical Company, manufactures Valsartan which is distributed by three companies in the United States: Major Pharmaceuticals, Teva Pharmaceutical Industries Ltd, and Solco Healthcare.

The FDA has recalled the following Valsartan defective products:

  • Major Pharmaceutical’s Valsartan 80 and 160 mg;
  • Solco Healthcare’s Valsartan 40, 80, 160 and 320 mg; Valsartan /HCTZ 80 mg/12.5 mg, 160 mg/12.5 mg, 160 mg/25 mg, 320 mg/12.5 mg, and 320 mg/25; and
  • Teva Pharmaceutical’s Valsartan 40 mg, 80 mg, 160 mg, and 320 mg; Valsartan/HCTZ 80 mg/12.5 mg, 160 mg/12.5 mg, 160 mg/25 mg, 320 mg/12.5 mg, and 320 mg/25 mg.

Although not currently produced or used in its pure form commercially in the United States, the organic chemical NDMA was formerly used in the production of rocket fuel, antioxidants, and as an additive for lubricants and softeners.  The EPA (Environmental Protection Agency) classifies NDMA as a probable human carcinogen which may cause cancerous tumors in the liver, kidney and respiratory tract, or increase the risk for developing gastric, colorectal, or lung cancer. Individuals who took the contaminated Valsartan drugs may have been exposed to NDMA for up to four years before being notified.

Although patients taking the recalled Valsartan medications may be at risk for developing cancer, doctors urge these individuals not to immediately stop taking the medication because this drug is prescribed to control a person’s high blood pressure or congestive heart failure. Instead, patients should continue taking the medication until their doctor recommends a new drug or some other alternative treatment option. Some individuals may be tempted to continue taking the recalled medication because they have a large supply of the prescription and the expiration date extends into 2019. Pharmacists, however, are strongly urging anyone who has any remaining supply of a recalled Valsartan product to return it to the pharmacy in exchange for a new medication not contaminated by NDMA or NDEA.

Our experienced product liability lawyers are ready to take action for individuals who have been harmed by this defective drug. If you or a loved one has taken Valsartan and developed any of the cancerous conditions discussed in this blog, please call 1-800-YOST-LAW. Our team of experienced attorneys will provide you with a free initial consultation and will help you get the justice that you deserve.

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