Thousands of lawsuits are pending for the harm and injuries that have been caused by the use of vaginal mesh or slings in the treatment of female reproductive issues. The first verdict against one maker of vaginal mesh, Johnson & Johnson, awarded a woman in a New Jersey court a $3.35 million compensatory award. In addition, the company was also instructed to pay another $7.76 million in punitive damages, for a grand total of $11.1 million.  This landmark case and the large verdict gave a glimpse into the severity of the damage caused by these implants.

Is Such A Large Verdict Justified?

Linda Gross is the 47-year old former nurse from South Dakota that was awarded the first large award in a vaginal mesh case. She first had the mesh implanted in 2006 to give support to weakened pelvis muscles. She has complained of severe pain that has plagued her for years since the implant. Since receiving the vaginal mesh, she has had 18 surgeries to try and fix the damage that the mesh had caused.

Linda is just one of many woman suffering from these devices. Over 4,000 lawsuits have been filed, many claiming the same issues as Linda. The verdict was high due to the fact that the jury found that Johnson & Johnson failed to inform her surgeon of the risks involved with the implant and that Linda was fraudulently misled about possible health risks of the mesh.

Complications Associated With Vaginal Mesh

The most common reason that women have a vaginal mesh or a vaginal sling implanted is to help with a condition called pelvic organ prolapse (POP). POP is a common issue in woman where organs within the pelvis shift due to weakened muscles. The mesh or sling is meant to support the organs and hold them in place and although mesh of this sort has been used for decades, the FDA only approved it in 2002 for this particular use.

The issues with the vaginal mesh are well documented through the FDA. By 2008, there were over 1,000 complaints logged with the agency, spurring them to release a warning of possible complications due to the implants, but that they were rare. In 2011, they reissued the warning but retracted that they were “rare”. In fact it is estimated that 10% or more of women have complications with the mesh within 12 months of having it implanted.  Johnson & Johnson’s product Gynecare Prolift that Linda Gross had implanted is just one of many implants that have been used over the last decade. Several other companies have manufactured and sold similar products with similar reactions.

This case is bound to be the first in many that will be publicized involving this harmful product in the coming months and years. The sizable award tells the story of the pain and loss of quality of life that having this device has inflicted upon Linda Gross. It can only be assumed that among the thousands of pending lawsuits that more of these horrible stories will be heard.

Legal Help For Women Impacted By Vaginal Mesh Complications

Rosenfeld Injury Lawyers is actively prosecuting vaginal mesh complication lawsuits. If you have been impacted by these defective devices contact our office for a complimentary and confidential case evaluation where we will advise you of your legal rights. 888-424-5757

Resources:

http://www.bloomberg.com/news/2013-02-28/j-j-owes-7-76-million-in-punitives-in-vaginal-mesh-case.html

http://pelvicorganprolapsesupport.org/pop_basics/pop_symptoms_and_causes

http://www.fda.gov/downloads/medicaldevices/safety/alertsandnotices/UCM262760.pdf

http://www.nafc.org/media/statistics/pelvic-organ-prolapse/

As the summer months approach, more bicyclists will be hitting the roads and trails to enjoy the warmer temperatures and fresh air. Illinois has prided itself on welcoming bicyclists onto the roads, especially in Chicago. However, even with progressive laws there is still a concern for safety when bicycles share the road with other larger and faster vehicles.

Illinois Bicycle Crash Data

The Illinois Department of Transportation compiled crash statistics for the years 2007-2011. This data shows where the majority of Illinois bicycle accidents happen and in what numbers. Over the 5-year period, there was a fairly consistent number in the total amount of crashes, though there was a reduction of 15.1% in 2011 over the past four-year average. Some specific data that stands out on the report include:

• Increased fatalities. Although the total amount of crashes was reduced, fatalities increased in 2011 22.7% over the previous 4-year average
• Local streets had more fatalities. In both urban and rural settings, local roads and streets had more fatalities then state or interstate roads
• Older cyclists have higher fatality rate. Of the 27 bicyclists fatalities in 201, over 40% were 65 or older
• Younger riders often injured. Of the 2,930 injury crashes involving cyclists, 47% were under the age of 24

Promoting Bicycle Safety

All bicyclists need to use precaution and obey the laws when riding on the roads. While motorists have their responsibility as well, the rider of the bicycle is much more likely to be injured when a collision between a motor vehicle and bicycle does occur. Adult riders can lead younger riders by setting a good example when riding on the roads.

• Obey the traffic laws. Bicycles should follow all traffic laws when using the road, including signaling, stopping and waiting for traffic lights. Do not weave in and out of cars or pass on the right; drivers may not see you.
• Ride with traffic. One of the biggest safety issues is when bicycles ride against traffic. Cyclists should ride in the same direction as traffic and as far to the right as possible.
• Night riding. Many bicycle accidents happen at dusk and in the evening hours. Make sure you have a light that shines 500 feet on the front of your bike and a red reflector in the rear when riding after dark. Wear reflective or light clothing to make yourself more visible, regardless of what time of day you ride.
• Keep your eyes open! Being a defensive rider can save you from accidents. Keep an eye on motorists that may pull out in front of you or open their car door into your path.

With more riders than ever hitting the roads, it is up to everybody, both the cyclists and motorists to reduce the injury and fatality rates in Illinois. By adhering to bicycle safety rules and laws, bicyclists can look forward to a safe and fun summer out on their bikes.

• http://www.dot.state.il.us/travelstats/2007-2011%20trends.pdf
• http://dnr.state.il.us/lands/landmgt/programs/biking/bikegde.htm#safet

There are approximately 340,000 motorcycles registered in the great state of Illinois and many will be hitting the roads for the first time since last fall in the next few months. Not many riders are out during the winter months.

In fact, in 2010 there was not one fatal crash December through February and only 7 total in November and March. As owners pull out their bikes and get ready for that first ride of the season, it is a good time to look at the dangers out on the road and prepare for a safe riding summer.

Illinois Motorcycle Crash Statistics

The good news on motorcycle riding in Illinois is that even though motorcycle riders seem to be growing in number, the amount of injuries and fatalities are not. The amount of registered motorcycles increased 73% from 1999 to 2010 in Illinois, adding almost 150,000 more motorcycles onto to the road in a little more than a decade.

However, there are still plenty of crashes that involve motorcycles and unfortunately, fatalities as well. The Department of Transportation statistics on traffic crashes between 2007-2011 can shed some light on when these crashes happen and to whom.

• Lowest accident rate in five years. 2011 had the fewest Illinois motorcycle accidents in many years. There were 3,756, down 14.5% over the past 4-year average of 4,395
• 145 Fatalities. In 2011, there were 145 fatalities, up 5.1% over the previous 4-year average of 138
• More crashes going straight. As unlikely as it seems, by far the largest amount of motorcycle accidents happen when the motorcycle is going straight. Over 2,000 of the accidents in the last five years were going straight at the time of the crash
• Older riders in more crashes. In both injury and fatalities, the largest age group is 35 and older. 61% of all injury accidents and 66% of fatalities in 2011 were in this age group

Spring Motorcycle Maintenance

Part of starting a safe summer on the road is ensuring your motorcycle is maintained properly. After sitting all winter, your bike will need to get a little TLC before you hit the road. Before any major ride, an inspection is always a good idea to make sure everything is in working order.

• Check the brake system. Check all light indicators to ensure your brake lights are all working. Make sure both the front and rear brakes are working properly by testing each individually.
• Air up the tires. If your bike has been sitting all winter, the tires will need to be aired up. Check the tread and make sure they are not worn.
• Check fluid levels and for leaks. Make sure you have enough oil and water and that no seals have started to leak. Nothing will ruin a bike trip quicker than being stranded on the side of the road!
• Oil chain and cables. Lubrication is essential for safe riding.
• Do a once over. Check all working parts, clutch, throttle, mirrors, turn signals and even the horn to make sure you are ready to ride!

Motorcycle riding is a great way to get out and see the beautiful country in the Midwest. By preparing both the bike and yourself to ride safely, you can help Illinois continue to lower the amount of motorcycle accidents each year and keep yourself crash free.

• http://www.dot.state.il.us/travelstats/2007-2011%20trends.pdf
• http://www.startseeingmotorcycles.org/MOTORCYCLE%20SAFETY%20AT%20A%20GLANCE_2010%20Fatalities.pdf

As the weather gets warmer and Illinois residents start spending more time outside, there is a larger chance of running into dogs that are also out enjoying the outdoors.

Dog bites are too common, with an estimated 4.7 million a year in the U.S. In Chicago alone, there were over 1,700 dog bite reports in 2011. With spring and summer just around the corner, it is a good time for outdoor enthusiasts and dog owners alike to take heed of preventing dog bite attacks.

Dog Bite Injuries

A dog’s instinct is to protect its territory and its master. Even a “friendly” dog can become aggressive if it feels threatened or thinks that someone is encroaching on property that they deem is theirs. Dog bites can range from a slight scratch to severe and even fatal injuries. According to the Center for Disease Control, 800,000 dog bites each year require medical treatment. Many severe dog bites result in:

• Lacerations
• Puncture wounds
• Torn skin, tissue and muscle
• Severe scarring

Cost Of Dog Bite Injuries

Although most dog bites may only require first aid or a few stitches, those that are more serious will need medical attention. The cost for the treatment of a dog bite injury rose to $29,396 in 2011. Although this refers to the medical cost of treating the injury, there are other financial aspects for victims of a dog attack. Many victims lose time from work, need physical or emotional therapy and are left with scars that may need plastic surgery.

These high costs of a dog bite injury can often be covered under the dog owner’s homeowner insurance policy. In fact, dog bites attribute to about one-third of all homeowner insurance claims. Over $478 million in dog bite insurance claims were paid out in 2011 in the U.S.

Preventing Dog Bites

No one wants a dog bite to occur: not the dog owner and certainly not the victim. It is up to the dog owner to protect others from their canine and keep them confined. However, those who visit homes that have dogs or come in contact with dogs while outdoors this spring should take the following precautions:

• Do not approach a dog that you do not know
• Do not run from a menacing dog. Stay still and avoid eye contact.
• Do not let children ever play with another persons dog unsupervised
• If knocked over by a dog, roll over and curl into a ball and be still.

Dogs can be great pets and are beloved by their families. However, they are still predators at their core and can be deadly in the wrong circumstance. If dog owners follow the laws and everyone uses common sense, many dog bites can be avoided and everyone can enjoy the upcoming season.

• http://www.cdc.gov/homeandrecreationalsafety/dog-bites/dogbite-factsheet.html
• http://nationalcanineresearchcouncil.com/dogbites/types-of-dog-bites/
• http://www.chicagodogbiteinjurylawyers.com/laws/municipal/
• http://usatoday30.usatoday.com/money/perfi/insurance/story/2012-05-21/dog-bite-liability/55120450/1

March 8, 2013- Jurors hearing evidence in the first (of many) DePuy hip recall trials have awarded a man with the ASR XL implant $8.3 million in compensatory damages related to the pain, disability and medical expenses he incurred as a result of the defective hip. The Los Angeles jury determined that that the DePuy ASR hip was defectively designed and caused metal poisoning and necessitated a revisionary surgery that the man needed after his device prematurely failed.

While the original lawsuit sought punitive damages related to alleged malice on the part of DePuy’s failure to sufficiently warn patients of the risks associated with the device, jurors determined that there was not sufficient intent to substantiate such a claim.

Impact on pending metal-on-metal hip defect lawsuits

From the perspective of attorneys who are representing numerous people with DePuy and Stryker hip defect cases, this initial trial sets an important precedent and will surely lend a different tone to settlement discussions related to pending claims as this significant verdict surely caused executives to re-think their approach to these cases.

Now that a jury has recognized the causal connection between the defective product and the significant injuries, it will be interesting to see how the company values current claims. Publicly, Johnson & Johnson (the parent company of DePuy) has allocated $1 billion to resolve the approximately 11,000 pending DePuy lawsuits in various jurisdictions around the country.

Will this initial verdict cause the health care behemoth to re-evaluate how they handle these cases? Time will tell…

The DePuy attorneys at Rosenfeld Injury Lawyers represent people with defective DePuy and Stryker Rejuvenate hips. If you are the recipient of one of these devices, we encourage you to speak to a metal-on-metal hip recall law firm to ensure your rights are protected. Depending on the jurisdiction, there are time constraints for filing a case. Your failure to act may result in the loss of legal rights and may bar a future recovery.

Moira Jackson is one of over 10,000 people who are bringing lawsuits against Johnson and Johnson subsidiary, DePuy for complications and injuries sustained because of defective hip replacements manufactured by DePuy. After receiving two artificial hip implants, Moira claims that she was unable to lead a normal life because of injuries and pain that were caused by the implants. What makes the former professional dancer from Maryland’s case so special is that it may be the one that sets the precedent for all 10,000 of the lawsuits to follow. Johnson and Johnson claims no wrong doing and that their hip replacements— which they admitted have a failure rate of over twelve percent— were approved by the FDA for use.

Recall of Defective Metal Hips

DePuy recalled over 90,000 of its hip replacements in 2010 due to defects in the socket, where metal on metal contact between the stem and the socket caused pain, swelling and tissue death in the surrounding area. The metal fragmentation has also been linked to toxic levels of metal in the blood, which poses a life threatening condition. Patients with this condition need to have their blood monitored for the rest of their lives to make sure that metal levels do not reach poisonous levels. The number of lawsuits DePuy is facing over the defective hip replacements may continue to rise well past the roughly 10,000 lawsuits it is defending against currently and the company has already spent over $800 million on its recall.

Johnson and Johnson Claims No Wrongdoing?

Even though DePuy was forced to recall over 90,000 of its hip replacements, Johnson and Johnson insists that patients were fully informed of the risk posed by electing to use the hip replacements and that the approval obtained by the FDA for the products exonerates DePuy from any liability. Moira Jackson claims that at no point was she informed that the hip replacements she received might fail or put her at risk of metal toxicity. According to her surgeon, the hip replacements may cause cancer or increase a patient’s risk of developing cancer in addition to the injuries caused to the joint by metal fragmentation when the metal pieces of the hip replacements grind against each other.

The Impact of Jackson’s Case on Similar DePuy Lawsuits

Moira Jackson is seeking $15 million in damages because her life has been changed permanently after her hip replacement failures. Her case is going to be heard following three private settlements that Johnson and Johnson paid out totaling $600,000. The amount of damages that Jackson is awarded may change the entire ballgame, affecting the cost of settlement or the rulings in the 10,000 cases that are yet to be heard. In the state of Ohio, many of the lawsuits against DePuy have been consolidated and will be heard in May, less than six months after the Jackson case is ruled.

A victory for Moira Jackson will undoubtedly encourage more victims of DePuy’s faulty hip replacements to come forward and could pave the way for much higher judgments and settlements than Johnson and Johnson has needed to face so far. This would be good news for thousands of people who have had their lives changed by a poorly produced product that was supposed to enhance their lives rather than change them for the worse.

Sources:

http://www.bloomberg.com/news/print/2013-01-07/j-j-facing-trial-over-artificial-hip-claims-in-maryland.html

Rosenfeld Injury Lawyers recently filed a lawsuit on behalf of the family of Genevieve Klimczak, an elderly woman who died due to hypothermia after she eloped from a retirement center in Illinois.  On February 12, 2012 employees of McHenry Villa Retirement Center discovered Ms. Klimczak’s frozen body adjacent to a side door at the facility which locked behind Ms. Klimczak as she wandered from the facility the evening prior.

Wrongful Death Lawsuit Against the Retirement Facility and Care Agency

The wrongful death and survival lawsuit names Fox River Retirement Center, Inc., d/b/a McHenry Villa and Robert & Joyce Koch d/b/a Home Instead as defendants in the case and parties whom negligence resulted in Ms. Klimczak’s untimely death.

Like a growing number of patients in nursing homes and retirement centers, Ms. Klimczak entered McHenry Villa after she recognized that she required additional assistance with her daily living needs in relation to her Alzheimer’s disease.

Count I of the lawsuit involves McHenry Villa alleges that the facility held itself out as a facility which offered skilled assistance in caring for memory impaired residents, including those suffering from Alzheimer’s disease. It is further alleged that despite the fact that the retirement home held itself out as a facility capable of caring for the memory impaired, the facility failed to have both suffient staff supervision and physical safeguards (such as door alarms) to care to cognitively impaired residents.

Similar to the allegations against McHenry Villa, the counts of the lawsuit directed towards Home Instead, Inc., allege that despite the fact that the company represented itself as capable of providing care and supervision for Alzheimer’s and dementia patients, like Ms. Kliczak, Home Instead failed to provide the supervision Ms. Klimczak’s family expected– and that she required. Home Instead by and through its agents is allegedly responsible for one of the following negligent acts in relation to Ms. Klimczak’s death:

1. Improperly operated, managed, maintained and controlled the aforesaid premises, so that as a direct and proximate result thereof, the plaintiff was injured and died;
2. Allowed and permitted a dangerous and defective condition to exist on the premises, specifically the door which locked behind the plaintiff;
3. Failed to properly and adequately maintain the premises by failing to abate or correct the self locking door which was improperly in use at a facility which offered care for Alzheimer’s patients;
4. Failed to make a reasonable inspection of the aforesaid premises, when the defendant knew or should have known that the inspection was necessary to prevent injury to the plaintiff;
5. Failed to warn the plaintiff of the dangerous condition of said premises, when the defendant knew, or in the exercise of ordinary care, should have known, that said warning was necessary to prevent injury to the plaintiff;
6. Failed to supervise the plaintiff and prevent her elopement through the self-locking exit door.

Episodes of Wandering Patients

Wandering / elopement is a recognized danger facing patients with dementia and Alzheimer’s in many care facilities. In order to minimize the risk of a patient wandering from the safety of the facility and harming themselves, facilities should conduct a candid assessment of each patient’s care needs to determine if the facility is capable of caring for them. Facilities caring for residents who are wandering risks should consider the following safety measures:

• Use of door / window alarms
• Bracelets with GPS technology for patients
• Training staff on ‘re-directing’ patients known to wander
• Creating an effective policy to locate patients who have left the facility.

This above wandering lawsuit is pending in Cook County Court, Law Division in Chicago, IL. You can view a copy of the complaint Estate-of-Genevieve-Klimczak-Complaint-at-Law (pdf).

News reports of this case:

Family of Alzheimer’s patient sues over death Northwest Herald

Family Sues Over Alzheimer’s Patient’s Freezing Death, CBS 2

The Internet has indeed transformed the way that consumers seek an attorney. Today consumers demand information not just about the attorneys who may have experience handling a particular type of case, but increasingly people involved in accidents have taken the steps necessary to really educate themselves about the medical aspect of their condition and the legal issues associated with them.

As accident attorneys who frequently represent clients with uniquely serious injuries we strive to provide information that does more than tout our services and expertise, but articles about the medical – legal implications that frequently arise in certain types of accidents.

Over the past several months, we have expanded many of our practice pages to provide information to clients so they can make their own decisions regarding what is in their best interest in terms of their case. Of course, many of these decisions about how to proceed from a legal strategy require the consultation with an attorney– and the accident attorneys at Rosenfeld Injury Lawyers remain more than happy to address personally address these issues– but we think you’ll find the information in these new practice pages helpful in terms of answering many of your initial questions.

Take a look at some of the pages below:

• Failure to Conduct or Misread Genetic Testing Today there are an abundance of genetic tests available to help reduce the chance of child being born with a genetic disease. These tests are no longer exclusively for ‘high risk’ parents, but many of these tests have become incorporated into the accepted standard of care in the medical community. Failure to do these tests or properly interpret them can subject a physician or clinic to liability.
• Dialysis Accidents and GranuFlo Injuries Patients who require dialysis services are at an increased risk for falls and complications when staff fail to properly supervise them or follow necessary procedures. In addition, some dialysis patients have been impacted by popular drugs associated with dialysis such as GranuFlo or Naturalyte which have been related to heart attacks.
• Cherry Picker & Bucket Truck Accidents Categorized as ‘aerial lift trucks, bucket trucks allow construction workers to work at high levels without a dangerous ladder or scaffolding. While they may remain a fixture at some construction sites, these truck had high accident rates when workers fall or injured when the trucks are imbalanced or come into contact with electrical lines.
• Crane Accidents Put simply, cranes allow buildings to go up quickly and efficiently — with less man hours than similar buildings may have required years ago. Tower cranes and moveable cranes (which are driven to the construction site) are responsible for approximately 50 fatalities and 1000′s of injuries to workers and passersby every year.
• Trenching Injuries While many construction projects have implemented technology to help improve the work environment for workers, much work needs to be done by hand– just as it was done a century ago. Trenching and excavation is necessary to erect new buildings and lay cable and piping to bring new services to existing structures. Hour-for-hour trenching remains one of the most dangerous construction site activities according to data reported from OSHA relating to accident rates.
• Scaffold Falls & Collapse Particularly in cities like Chicago, where many buildings and homes have been in use for years, many of these structures require ongoing maintenance and care. Scaffolding allowing workers to perform work such as tuck-pointing or masonry on these buildings while they remain in use. When scaffolding is not assembled properly or the structure is not properly maintained, workers are at serious risk of falls or crushing injuries.
• Car Passenger Injuries A car or motorcycle passenger has unique rights due to the fact that they are generally exempt from any type of contributory fault. As an injured car passenger, the individual is entitled to make a claim against the driver of the vehicle– regardless of the familial relationship or friendship. Most car passenger injury cases can be resolved directly with an insurance company– and without any out-of-pocket payment on behalf of the driver.

We hope that you find the about personal injury law resources helpful.  Many of these pages were created at the suggestion of our colleagues and clients. Please use our contact form to suggest new topics if you think they would be a good addition to our site.

2. Damaged Bone Structure (Osteolysis)

5. Infiltration of Lymphocytes

Stryker Hip Recall Attorneys Ready to Evaluate Your Case

The Chicago medical malpractice attorneys at Rosenfeld Injury Lawyers have long recognized that many hospitals in the metropolitan area that promise to provide patients with quality care are simply not upholding their commitment to provide safe and effective care to their patients. Despite our professional observations of inferior care that contributes to medical errors and patient injury, it only with recent developments in the way that the State of Illinois tracks hospital safety can we objectively measure the prevalence of these issues.

Calculating Errors In Cook County Hospitals

Our medical negligence lawyers have scoured the information provided on the Illinois Hospital Report Care website in an effort to educate consumers and patients about how their medical facility truly stacks up when it comes to providing a safe environment. We have reviewed the data for each of the 53 hospitals in Cook County to determine how each facility did with respect to ‘Patient Safety’ and ‘Health Care Associated Infections’.

As an Illinois injury law firm who has represented many individuals and families in medical malpractice cases we freely recognize that a prior incident is not always indicative of a systemic problem at a hospital. However, it is our intention that by compiling these errors in an easy to visualize format, consumers can make better decisions when it comes to selecting a hospital that is best suited for their needs. Take a look at our Illinois Hospital Lawsuit section portion of our website here.

Need to Discuss an Episode of Medical Malpractice With an Attorney?

Should you have specific questions about the type of care rendered at a specific hospital in Chicago or anywhere throughout Illinois, we invite you to speak to our medical malpractice law firm for a case assessment by attorneys who have experienced prosecuting all types of medical negligence cases. You can call anytime. 888-424-5757