Legal News Archive May 2019 Image

Legal News Archive: May 2019

Treatment Options for Hernias

May 31, 2019 | Finz & Finz, P.C.

A hernia occurs when damage to the peritoneum, the muscle band responsible for keeping abdominal organs in place, allows part of the intestines or another organ to protrude.  In some cases, there are few symptoms that herniation has occurred.  In others there is significant pain as well as clear bulge in the area the organ has slipped into. 

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Additional Info: Surgical Errors

Bard Hernia Mesh Poses Major Dangers to Recipients

May 30, 2019 | Finz & Finz, P.C.

After surgery to repair a hernia, the muscle in the damaged area often remains weaker than the surrounding tissue.  Because of this, surgical mesh is often used to reinforce the area where protrusion occurs, with a goal of limiting the risk of recurrent herniation.  In many cases, successful use of mesh can result in a repair that lasts longer and holds up to greater stress than muscle stitching alone.

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Additional Info: Surgical Errors

NOACs Carry Risk of Excessive Bleeding

May 28, 2019 | Finz & Finz, P.C.

For many years, Vitamin K Anticoagulants were the go to drug for people looking to lower the risk of stroke and heart attack.  These blood-thinners, including Coumadin, were often effective at thinning the blood sufficiently to prevent many blood clots from forming.  Unfortunately these medications also carried significant side effect risks.

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Additional Info: Medication Errors

Xarelto Associated With Elevated Risk of Bleeding

May 27, 2019 | Finz & Finz, P.C.

Xarelto is an oral anticoagulant, commonly called a blood thinner.  Various types of blood thinners have been prescribed for decades, but Xarelto is one of a newer line of drugs developed with an eye towards minimizing the significant risk profile of older drugs such as Coumadin.  Unfortunately, the pharmaceutical companies may have failed in the goal of making a safer drug.

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Additional Info: Medication Errors

DePuy Finally Being Held Responsible

May 25, 2019 | Finz & Finz, P.C.

The Pinnacle metal-on-metal hip implant was supposed to be a game-changer, offering significantly improved longevity.  Longevity is among the most important factors when choosing a hip implant, as the more times a revision is done, the greater risk of scar tissue build-up, complications from the surgery, and damage to the joint. 

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Additional Info: DePuy Hip Replacement

DePuy Made False Claims When Marketing Pinnacle Implants

May 24, 2019 | Finz & Finz, P.C.

It is a terrible thing to develop and release a dangerous product, such as the defectively designed Pinnacle metal-on-metal hip implants released by DePuy.  These products broke down quickly due to defective design, with metal shavings from the faulty implants being released into the body, putting patients at risk for a multitude of side effects.  Business decisions like this are ethically unacceptable, and businesses must be held accountable for them.

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Additional Info: DePuy Hip Replacement

Zostavax Causing Health Issues in Recipients

May 16, 2019 | Finz & Finz, P.C.

Zostavax is a live virus vaccine targeting shingles, a recurrent form of the same virus that causes chicken pox.  Shingles can cause significant quality of life issues for people who develop it regularly, including requiring missing work due to concerns about spreading it, as well as pain and discomfort associated with outbreaks.  Preventing shingles is a wonderful goal.  Unfortunately, the developers of Zostavax may have inadvertently created a cure worse than the disease.

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Additional Info: Vaccine Autism

Proximate Cause Sufficient to Establish Fault

May 15, 2019 | Finz & Finz, P.C.

A February 2019 jury decision to award a plaintiff 3 million dollars in damages due to defective design of a Cook IVC filter was based on the concept of proximate cause.  Proximate cause is a legal standard to establish fault that does not require establishing that the event was the direct cause of injury, but that it was sufficiently related to the injury in a legal sense.

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Additional Info: Products Liability

Rounding Up the Losing Streak

May 14, 2019 | Finz & Finz, P.C.

Roundup weed killer has been on the market since 1976, and hundreds of thousands of Americans have used the product in the intervening years.  Marketed heavily on television through the 80s and 90s, consumers were assured it was a safe method of dealing with pesky plants on their properties.

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Additional Info: Products Liability

Live Vaccines Pose Particular Risk

May 09, 2019 | Finz & Finz, P.C.

Vaccination of children and adults is an important part of building “herd immunity.”  The premise of herd immunity is based on the idea that, though any given vaccine is not one-hundred percent effective in all people, the likelihood of transmission from person to person drops to near zero the more people who are successfully immunized.

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Additional Info: Vaccine Autism

Bard IVC Filters Defectively Designed

May 08, 2019 | Finz & Finz, P.C.

Bard has been designing IVC blood filters for years, going through a number of product lines with names such as Recovery, Eclipse, and Meridian.  The two most recent models are the Denali and the Simon Nitinol.  Whenever a developer chooses to constantly rename iterations of their products instead of attempting to build brand loyalty, it begs the question as to why they do not want to be associated with past products.  In the case of Bard, the answer is simple.  Those past products have put lives at risk.

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Additional Info: Medical Devices

Trucker Gas Stations Overflowing With Gadgets

May 02, 2019 | Finz & Finz, P.C.

Stopping at a gas station is not like it used to be.  Twenty or thirty years ago, truck stops offered snacks, drinks, and gas, with perhaps a restaurant and a place to shower.  Reasonably nice bathrooms were almost a luxury, and places to buy music tapes or other comforts of the road were worth going a few miles out of the way for.

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Additional Info: Truck Accidents

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