Author: YostLaw

Yost Legal Group Selects Recipient of 2018 College Essay Scholarship

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As always, Yost Legal Group is thrilled by any opportunity to help students in our community succeed. This year, the Yost Legal Group 2018 College Scholarship Essay Program welcomed submissions from current or prospective undergraduate students attending accredited universities and colleges.

This year’s recipient was awarded a $1,000 scholarship toward tuition to help them pursue their chosen field of study. The chosen topic this year was “How to Change a Negative Societal Problem in the United States.”

This Year’s Recipient

This year’s winner of the Yost Legal Group 2018 College Scholarship Essay Program—Niko Eppolito— wrote about the rising costs of college tuition across the United States. His potential solutions including spending cuts and a tuition cap to reduce the burden on students and parents.

After meeting his general education requirements at a local community college, he was accepted into the University of Wisconsin-La Crosse (UWL) to earn his Bachelor’s Degree with a double major in Accounting and Economics.

During his time at UWL, he entered the Integrated Core Program through the College of Business. Once there, he received multiple scholarships and an internship as a Business Systems Analyst with a major manufacturer. He serves as treasurer for the volunteer organization Advocates for Children.

The entire staff at Yost Legal Group offers Niko our congratulations. We know he will put this award to the greatest possible use.

Our Thanks to All Respondents

The staff of Yost Legal Group extends our thanks to every student who participated this year. We found every submission enlightening and informative. We wish all of you a bright future

Persistent Abdominal Pain, Nausea and Vomiting May Be Caused By Defective Hernia Mesh

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Reports show that more than 90 percent of the 1-million-plus hernia repair surgeries performed every year in the U.S. rely on the use of hernia mesh. Unfortunately, many of these mesh products have been found to be defective. In fact, hernia mesh manufacturers have recalled more than 211,000 units of defective mesh from 2005 to March 2018. These manufacturers include Atrium Medical, Bard Davol and Ethicon.

The U.S. Food and Drug Administration (FDA) has blamed recalled hernia mesh for serious complications following implantation that requires additional corrective surgery. These complications include adhesion, bowel obstruction, bowel perforation, and migration. Other reported complications include pain, serious infection, rejection, and hernia recurrence after being implanted with hernia mesh.  The FDA issued its first safety warning to alert users of the problems caused by these defective products in 2014.

The complications caused by defective hernia mesh often give rise to common, everyday symptoms such as persistent abdominal pain, nausea, and vomiting. Because many symptoms caused by hernia mesh are common everyday symptoms, it can be difficult to know if those symptoms are related to a defective mesh product. Also, symptoms related to defective hernia mesh can occur soon after surgery or many years later.

If you have suffered from complications after having a hernia surgery that used hernia mesh, you may have been implanted with a defective or recalled mesh. The experienced product liability attorneys at The Yost Legal Group can help you find out what mesh you have and if it has been determined to be defective or has been recalled. Call The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259), for a free consultation with one of our expert hernia mesh attorneys.

Metal on Metal Hip Replacements Linked to Serious Neurological Side Effects

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A 2017 Health Watch study reported that elevated blood metal levels from metal-on-metal hip replacements are toxic to the brain. The findings of this research confirm an alarming and previously unknown risk of metal-on-metal hip replacements known as Arthroplasty Cobalt Encephalopathy (ACE).  This condition includes a number of serious neurological side effects, including mood swings, tremors, fatigue, balance issues, vision and hearing loss, as well as other cognitive problems.

Since the introduction of metal-on-metal hip implants to the marketplace, doctors and patients have discovered the harm they cause by increasing metal levels found in the human body. Most complications with metal hip implants are caused by high metal levels in a patient’s bloodstream, which doctors diagnose as metallosis. This condition occurs when the cobalt-chromium components of the hip implant grind together, breaking off metal fibers that are then released into the body. These metal fragments migrate through the bloodstream and reach the brain, causing ACE.

In general, doctors diagnose ACE by using blood tests and PET scans. However, diagnosing the link between a metal-on-metal hip replacement and cognitive decline associated with ACE can prove challenging. First, although the onset of neurological symptoms can be an early indicator of elevated metal levels in the blood, the diagnosis of ACE can be easily overlooked, as early neurological evaluations do not typically include a blood panel analysis. Moreover, even if blood tests are conducted as part of a neurological evaluation, studies show ACE presents in patients with levels below the range normally associated with a metallosis diagnosis.  Additionally, another difficulty in diagnosing ACE exists for older patients. Although not related to age, ACE symptoms such as memory loss and tremors can be too easily labeled as dementia. If an older metal-on-metal hip implant patient experiences ACE caused neurological changes, they may be overlooked and misdiagnosed as part of the aging process. As a result, the importance of monitoring blood metal levels in metal-on-metal hip replacement patients is absolutely critical.

Manufacturers of metal-on-metal hip replacements ignored the risks of introducing dangerous metal alloys into the human body. Because of these defective products, many individuals have experienced serious and harmful neurological side effects. Our product liability lawyers seek justice for people whose everyday lives have been affected by these unsafe medical devices. If you or a loved one has suffered injuries from a metal-on-metal hip implant, you may be entitled to compensation. For a FREE and confidential consultation, call the Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529).

The Catholic Church’s Sexual Abuse Conspiracy in America

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Few institutions commanded more trust and respect from followers than the Catholic Church. But that is changing. It has been reported that over the last 40 years, the Catholic Church in the United States and its insurance companies have paid out more than $3.8 billion in lawsuits and claims involving allegations of clerical sexual abuse. A recent Pennsylvania investigative grand jury produced a report close detailing credible reports of abuse by the Catholic clergy affecting over 1000 children and adults. The grand jury determined at least 300 priests were to blame. The final report tells of an undisputed culture of sexual abuse and cover up at the upper levels of the church. The question now is whether the state prosecutors will institute criminal actions against the pedophiles and their protectors.

Apparently, this is not limited to the United States. There have also been findings of sexual and psychological abuse in Catholic-run industrial schools and orphanages in Ireland for most of the 20th Century, as well decades of sexual abuse totaling tens of thousands of children, in Australian institutions. The Catholic Church in Chile has been under fire as Chilean prosecutors cited cases of sexual abuse involving 266 victims, including 178 children, and date as far back as the 1960s.

The details of the Pennsylvania grand jury report show a pattern of protecting pedophiles who are priests. The Catholic Church substituted its sacrament of reconciliation for the legal system’s prosecution of criminal acts. But reconciliation can only be given to those who confess and are truly repentant. It has been reported that abusers were simply moved to new parishes, given a fresh start, which included access to children and others. The sentiment today is that no man is above the law. The Catholic Church’s standing in the United States in particular, is in a precarious place.

The limitations to bring criminal actions against pedophiles and rapists varies from state to state. There are also time limits to sue the Catholic Church. The laws providing time for victims of sexual abuse who were minors have changed over time. In Maryland the law for minor sex abuse victims has evolved from requiring a suit to be filed by age 21, then 28, and now 38. There may be other changes in the laws of various states permitting new suits to be filed for sexual abuse. It is also possible the Catholic Church will acknowledge this dark page in its history and do right by the people it did not protect.

If you or a loved one has questions about your right to compensation from sexual abuse at the hands of the Catholic church, call the Yost Legal Group at 1-800-YOST-LAW. There is no fee or expense unless you recover. Speak to an experienced lawyer for a free initial consultation. Thousands have been affected. You are not alone.

Injury During Spinal Surgery

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Spinal surgeries can be very long and involved procedures.  Despite the fact that it is not common, patients are at risk of a spinal injury during surgery – such as nerve root or spinal cord damage resulting in paralysis, numbness, loss of bladder and/or bowel function, limited mobility or disabling pain.

Sometimes the hardware implanted during spinal surgery, such as metal screws and plates, is negligently placed and pinches, punctures or severs spinal nerves or the spinal cord.  Negligent placement of surgical plates and screws, or negligent use of a surgical instrument, such as a drill, may also cut or tear the fluid-filled membrane (the dura) protecting the spinal cord, causing both nerve damage and a spinal fluid leak (CSF leak).  Further, the protrusion of the surgical screws, through the bone (vertebra) and into surrounding nerve fibers and other soft tissue, causes damage which often results in the patient needing a revision surgery.

Usually, the symptoms of a spinal injury caused during surgery appear immediately after the patient wakes up from the anesthesia. These injuries often result in the patient having excruciating pain, areas of numbness, limited ability to move a hand, foot, arm or leg or, sometimes, quadriplegia – the inability to move all four limbs.

If you or a loved one were injured during a spinal surgery, 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.

Accidental Burns During Surgery

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Many times a patient will go in for a routine operation performed under general anesthesia but may come out of surgery with a 3rd or 4th-degree burn injury as a result of an operating room error. An electrical, or electrocautery, burn can occur when the grounding pad for electrical surgical equipment is improperly placed, or placed on wet skin, sending electricity through the grounding pad and into the patient – whose skin is overheated to the point of being burned by the electrical current.  A heat transfer, or thermal, burn can occur when overheated surgical equipment makes contact with the patient’s skin, or heat-producing surgical equipment slips during use and damages skin rather than remaining in the operative field.  A majority of the burn injuries suffered by patients during surgery are located on the torso or lower extremities. These burns are often the result of a medical mistake and are largely preventable.

Burns which occur during surgery can be severe, destroying the upper (epidermis) and lower (dermis) layers of the patient’s skin, and even extending into the fat and muscle tissues below.  A 3rd-degree burn may destroy the skin’s sweat glands, hair follicles and nerve-endings. A 4th degree burn not only damages structures within the skin layer but also injures the fat, muscle or even goes as deep as the bone.  Third and Fourth-degree burns, also called full thickness burns, are so severe that they can result in extended hospital stays.

Surgical burn injuries may cause an infection, either at the site of the burn or a systemic infection (sepsis), and burn injuries may require additional surgical procedures to remove damaged skin tissue (debridement) and/or repair destroyed tissue (skin graft).  Once the initial wound heals, the patient may require scar revision surgery to reduce the size and appearance of the surgical burn scarring.

If you or a loved one has been the victim of a disfiguring burn during surgery, contact the Yost Legal Group today at 1-800-YOST-LAW (1-800-9678-529). 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.

Traumatic Brain Injury

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A TBI (Traumatic Brain Injury) is known to be the leading cause of death from sports injuries.  Even mild TBIs can have serious and long-lasting consequences.  TBI disrupts the normal function of the brain. Normally caused by a blow to the head or a penetrating brain injury,  for example,  a soccer player who falls and hits their head on the ground, or collides with another player could result in a mild or severe TBI.

A mild TBI is often characterized by a brief change of mental state, and often goes undetected.  Following a mild TBI, one might experience headaches, fatigue, dizziness, memory loss or a variety of other symptoms.  More severe TBIs are associated with loss of consciousness, coma or even possibly death.  All TBI’s require medical attention but not everyone who experiences this injury is aware of the severity of their injury or willing to go through the long process of recovery from TBI.

According to All About TBI, nearly 300,000 sports-related TBI’s occur each year in the United States.  Unfortunately, many athletes do not come forward about their injuries so they can continue to play sports.   The failure to detect and treat this kind of injury is especially dangerous for younger athletes whose brains are not fully developed.  Athletes with untreated TBIs are vulnerable to additional injuries.

TBI is a life-changing experience for the victim and their loved ones.  Understanding the symptoms of TBI and the treatment options could save a life. If a family member suffers a TBI, The Yost Legal Group may be able to help. Our experienced brain injury lawyers work closely with victims of closed head injuries to help them get a proper diagnosis and pursue the full amount of compensation for their financial needs. If you or a loved one has suffered brain injury, call 1-800-YOST-LAW (967-8529) to receive a free, confidential consultation about your potential claim.

Daubert Order for Roundup Litigation

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On July 10, 2018, the judge overseeing the Roundup Multidistrict Litigation, or “MDL”, issued a 68-page order outlining his reasoning as to why Plaintiffs’ experts will be allowed to testify at trial regarding their opinions that Roundup causes Non-Hodgkin’s Lymphoma (“NHL”). The Roundup MDL is a consolidation of all federally-filed Roundup cases involving individuals having used Roundup and who have subsequently been diagnosed with NHL. The MDL is located in San Francisco and is being overseen by Judge Vince Chhabria. The significance of this order is paramount as it allows plaintiffs to move to the next phase of litigation.

In product liability cases, like Roundup, there are essentially two hurdles every plaintiff must clear in order to present their case to a jury. To overcome the first hurdle, the “general causation” phase, plaintiffs must be able to prove by a preponderance of the evidence, that the product in question is even capable of causing the injuries claimed. Overcoming the second hurdle, the “specific causation” phase, involves each plaintiff proving that the product in question caused his or her own specific injuries. Accordingly, in order to advance their cases to trial, the plaintiffs in the Roundup MDL would first have to prove that, generally speaking, it is more likely than not that Roundup causes non-Hodgkin’s lymphoma at exposure levels humans might have experienced. Should that burden be satisfied, the cases would then advance to the second phase where each individual plaintiff would have to prove that Roundup caused his or her own personal development of NHL. However, in order for plaintiffs to move on to the second phase (proving specific causation) they must have at least one expert witness who will be able to testify in support of their claims that that Roundup causes NHL. If plaintiffs are unable to produce such an expert witness at trial, none of the cases are able to proceed to the next phase and will most likely be dismissed by the court.

Determining whether an expert witness will have the ability to testify at trial is the job of the judge overseeing the litigation. Because the Roundup MDL is pending in federal court, when making his decision to allow the plaintiffs’ general causation experts to testify at trial, Judge Chhabria had to apply what is known in the legal world as the “Daubert standard”. As such, Judge Chhabria had to determine if each expert’s opinion that Roundup causes NHL was based on reasoning that is scientifically valid and can be applied to the facts at issue (Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)). Under Daubert, the factors Judge Chhabria considered to decide whether the plaintiffs’ experts’ methodologies were valid included: (1) whether the theory or technique in question can be and has been tested; (2) whether it has been subjected to peer review and publication; (3) its known or potential error rate; (4) the existence and maintenance of standards controlling its operation; and (5) whether it has attracted widespread acceptance within a relevant scientific community.

The plaintiffs in the Roundup MDL retained six experts (Drs. Beate Ritz, Christopher Portier, Alfred Neugut, Charles Jameson, Dennis Weisenburger, and Chadhi Nabhan) to provide opinions to satisfy the plaintiffs’ burden at the general causation phase. Broadly speaking, each of these experts reviewed the available scientific evidence (mechanistic data, laboratory animal cancer studies, and epidemiology research (case-control and cohort studies)) and concluded in written reports, that Roundup is capable of causing NHL in humans. But because the evidence reviewed by the experts does not unequivocally conclude that Roundup causes NHL, the court had to determine if the experts’ analysis of the evidence fell within the range of accepted standards governing how scientists conduct their research and reach their conclusions.

The final decision of Judge Chhabria was that all six of plaintiffs’ experts will be allowed to testify at trial regarding their opinions that Roundup causes NHL. While Monsanto still defends its product as safe to users, cases continue to be filed by consumers injured by their use of Roundup. If you or a loved one has been diagnosed with non-Hodgkin’s lymphoma following exposure to Roundup, you may be entitled to compensation.  For a FREE and confidential consultation, call the Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529).

Smith & Nephew: the List of Defective Hip Devices Keeps Growing

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Hundreds of individuals have filed lawsuits against Smith & Nephew for injuries related to this manufacturer’s defective metal-on-metal hip implant products. In 2017, a multi-district litigation (MDL) was formed to consolidate certain Smith & Nephew hip implant lawsuits into a single federal district court in Baltimore, Maryland to more efficiently handle these complex cases. Originally, the MDL included only cases for the Birmingham Hip Resurfacing (BHR) hip implant system. However, a growing number of lawsuits filed for other defective Smith & Nephew hip implant systems has resulted in their being added to the MDL. The MDL now consists of three types of Smith & Nephew hip implant cases.

Along with the BHR “pure resurfacing” system which includes the BHR cup and a femoral head cemented into place on the femur, total hip arthroplasty (THA) cases are now also being handled in the MDL. The THA system includes the BHR cup implanted with a modular head and a traditional femoral stem which is impacted into the femur.  The most common femoral stems used in this system include the Synergy and Anthology hip stems, also manufactured by Smith & Nephew. THA patients suffer from the same side effects as the BHR resurfacing patients, which include metal poisoning, device failure, and the need for revision surgery.

The most recent hip implant product added to the MDL is the Smith & Nephew R3 system when using a metal liner. The metal liner, placed between the femoral head and the cup, facilitates a smooth movement of the socket. However, because of problems with this product, Smith & Nephew recalled the R3 metal liner in 2012 and issued a precautionary “hazard alert” to doctors using the metal liner in R3 hip replacement surgeries. The defect with this component arises from the rubbing of the metal liner on the other metal components within the R3 system. This friction releases metal particles into the body, leading to the deterioration of bone and tissue around the joint. As with the other defective Smith & Nephew hip implant products, this triggers the need for revision surgery.

As the list of bad products manufactured by Smith & Nephew grows, so do the company’s legal troubles. Victims injured as a result of this company’s negligence seek the justice they deserve for the defective products that have severely impacted their lives. Our experienced lawyers fight for individuals who have been harmed by defective products. If you or a loved one has been injured or required revision surgery following a Smith & Nephew or other 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.

Seizure Activity in Newborns – Hypoxia

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According to the Florida Neonatal Neurological Network about 20 out of every 1,000 full term births will be affected by a lack of oxygen to the brain (hypoxia) during labor and delivery.  Babies who are born prematurely are at even greater risk, because their lungs are not fully developed and they are unable to fully manage breathing on their own.

Hypoxia is the most frequent cause of seizure activity in newborns and can cause additional damage to the baby’s developing brain.  Neonatal seizure activity can occur within minutes to hours of birth, and is typically confirmed by electroencephalography (EEG) – a test performed by attaching sensors to the infant’s scalp to monitor the brain for any abnormal electrical signal activity.  The scalp sensors are wired to a machine that records the brain’s electrical signals and displays the brain activity on a monitor or printout so that medical specialists are able to observe and interpret any brain seizure activity.

There are several additional tests that can be run to determine if a newborn baby’s seizures are being caused by a hypoxic, or hypoxic-ischemic (HIE) injury to the brain. In addition to EEG monitoring, a newborn baby suffering from seizures will have lab tests to check the blood oxygen level (pulse oximetry) and various blood, urine and spinal fluid tests to check glucose, potassium, bicarbonate and other chemical levels.  Also, brain imaging studies (ultrasound, CT and MRI) will be performed.

If your child has suffered from seizures as a result of an injury at birth, 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.

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