Wright Medical Group Loses Courtroom Battle

Wright Medical group suffered a damaging blow in its legal battle over its metal hip implant devices because a jury awarded a plaintiff more than $10 million, which stems from a trial over the company’s products. A jury in Atlanta deliberated for three days after a two-week trial, in which the person suing had a hip implant and Wright was accused of misrepresentation its product’s safety. The $11 million verdict includes compensatory damages worth $1 million, as well as punitive damages worth $10 million, and this signals an early loss for the company over its devices. Wright Medical group is still faced with many more cases, which was filed in the Northern District of Georgia, and these cases number in the hundreds.

The whole thing started back in 2013, when a former ski instructor by the name of Robyn Christiansen, from Utah, sued Wright because she said her hip implant caused her to suffer tissue damage after the implant came loose. She got the implant after speaking with her doctor in 2006, and she was provided info about Wright. She said Wright Medical group claimed that their metal device was better than devices made with a polyethylene lining, and that their device would actually last longer.

The woman is only one of around 2,000 people who have filed a complaint against the company, and these people have claimed they have received defective hip implant systems. As for when Christiansen filed her lawsuit that was back in 2013, which was seven years after she got her implant. As previously mentioned, the jury came back with a verdict that included $10 million in punitive damages and $1 million in compensatory damages.

The complaint says Christiansen got the implant in 2006 because she was provided with info by Wright Medical group, who claimed their design, which was metal on metal, was better than designs that featured a lining made with polyethylene. She started to feel pain in her right hip, while she was exercising in 2012 and then she went in for surgery because her doctor thought there was a loose component, but the doctor found out that the soft tissue was damaged due to metal debris, which was causing her hip to fail. Her counsel wrote that she was a ski instructor for more than 40 years and now she cannot do the things she once enjoyed, due to her limits to do things, which includes activities such as hiking and water-skiing.

In most states, people are provided with legal claims, as well as the right to be compensated after they have been injured due to a defective medical device, or if the device doesn’t perform as it was advertised. Patients who have suffered injury can file a lawsuit and seek compensation. This includes compensation for the cost of the surgery (replacement), as well as for medical expenses they endured and pain and suffering. They can also fight to be compensated for lost future wages, lost past wages, as well as punitive damages.

Read More

Rise of Medical Malpractice Claims In NYC-Owned Hospitals By Medical Malpractice Lawyers

According to the New York City comptroller’s office and the medical malpractice lawyers, the number of medical malpractice claims in New York City has hit a high. The Comptroller, under the New York City Charter, is responsible for adjusting and settling claims made against and for the City of New York.

The number of medical malpractice claims during the fiscal year 2015 that were filed against hospitals owned by the City increased when compared to the number of claims filed in 2014. In 2013, there was a 4.7% increase in payouts for medical malpractice on a national level, according to records by medical malpractice lawyers at the National Practitioner Data Banks that were compiled by Diederich Healthcare. Information about medical malpractice is collected at the National Practitioner Data Bank.

Prior to 2013, there had been no increase in the amount of medical malpractice payouts since 2003. For the first time in a decade, medical malpractice payouts increased during the 2015 fiscal year. Total payout amounts in 2014 increased by 4.4%, according to the medical liability and consulting company, Diedrich. In fact, when compared to all other states, more money per capital was paid out in New York on medical malpractice claims by medical malpractice lawyers. New York was followed by New Jersey and Pennsylvania in payouts.

The data from the New York Comptroller’s Office comes from settlement of meritorious claims records in which either an individual or their proper suffered damage due to negligence by the City. In the 2013 fiscal year, there were 405 medical malpractice claims filed against hospitals owned by the City, based on information provided by the Comptroller’s Office of New York City. In 2015, that number rose to 521.

Medical malpractice claims are among the most costly filed against the City, even though they only make up a small percentage of the personal injury claims. In part because they are so complex, they take a long time to resolve which can be up to five or ten years.

There are 11 public hospitals in the City of New York. These hospitals are operated by the Health and Hospitals Corporation. In the United States, this municipal healthcare system is the largest in the country. A capped limit is set by the Office of Management and Budget which limits the amount of medical malpractice liability and medical malpractice lawyers that the Health and Hospitals Corporation is responsible for financially.

Medical malpractice filings increased at some hospitals managed by the Health and Hospitals Corporation, such as Coney Island which saw a claim increase from 31 to 43 and Bellevue where claims rose from 57 to 80, other hospitals experienced a decline in the number of filings. In particular, at North Central Bronx, claims dropped from 22 to 6 and at Harlem where they went from 34 claims to 28. In addition, even though there was a slight increase in the total number of claims filed against the Health and Hospitals Corporation from 2014 to 2015, the total number of 2015 claims was lower than the number filed in 2013, which makes the trend downward.

Nationwide, there was a dramatic drop in the number of medical malpractice filings and payouts following tort reform efforts. The number was virtually cut in half in Pennsylvania, and, in particular, Philadelphia. However, since 2013, the trend now seems to be moving in the opposite direction as the information and medical malpractice lawyers suggest.

Read More

An Introduction To Brain Damage Injury

One of the most serious and dangerous injuries of is all is a brain damage injury, in addition to spinal injuries and burns. Whenever there is an injury to the brain, numerous other consequences can appear in other areas of the body, and not all these are predictable.

The brain can become injured in three ways:

When one’s head is struck by a hard object in an accident, an attack or in any fall it includes circumstances where the brain is shaken roughly to the point where it hits against the inner part of the skull.

When a sharp object pierces the skull

Brain damage injury can happen through being deprived of oxygen, such as in near-drowning or in smoke inhalation. If a baby’s supply of oxygen becomes impaired during birth he or she may sustain a brain injury.

If you or someone you love has suffered a brain damage injury, even one that you believe is mild; you should see a qualified neurologist right away. The consequences resulting from even mild brain injuries can be incapacitating, debilitating, and at times fatal. The inner part of the skull is an area that is fixed, so if any swelling or bleeding takes place inside, the result with likely be a severe headache, and there could be further brain damage.

If someone’s intentional misconduct or negligence caused the brain damage injury, it is a good idea to consult with an experienced and reputable brain injury lawyer. It is possible you might have a brain injury claim that is valid.

Traumatic Brain Injury

Whenever the brain becomes pierced or is struck with a hard object, it is considered to be a traumatic brain injury (TBI). When the injury is caused by oxygen deprivation, it is referred to as Acquired Brain Injury.

Slip and fall incidents, sports injuries and traffic accidents, are what most frequently cause TBI. Every brain injury is unique. None are exactly the same as another one, just like no two people are exactly the same.

Mild TBI Symptoms

You can lose consciousness for minutes, seconds or short period of time, or you might not lose consciousness. You may also experience some of the following symptoms:

  • Changes in sleep patterns
  • Impaired ability to think or concentrate
  • Tiredness
  • Blurred vision
  • Memory problems or Confusion
  • Dizziness
  • Headaches

Severe Or Moderate TBI Symptoms

You could have one or all of the symptoms above, in addition to the ones that are more severe in brain damage, including:

  • Confusion and increased agitation
  • Ongoing sleep state
  • Numbness in feet and hands, weakness, loss of control
  • Slurred speech
  • Severe and perpetual headache
  • Chronic nausea without or with vomiting
  • Seizures or convulsions

A variety of kinds of unconsciousness can cause a severe TBI. When in a stupor, only a strong stimulus can rouse the person; when in a vegetative state, the individual is unconscious, but will be relatively alert at times; when in a coma, the individual is totally unconscious and is unable to be roused; and when in a persistent vegetative state, the individual stays in a vegetative state for more than one month.

Despite the most prompt and best medical care, an individual who has a severe TBI might sustain a permanent disability. This can occur in several different ways.

Medical Treatment

Whatever medical care you receive will be focused on getting you stable and preventing any additional injuries from occurring. The oxygen supply to your brain will need to be carefully monitored and checked, in addition to blood pressure and blood flow in general. Different imaging tests need to be done, like CT scans and X-rays, in order to check for spinal injury or bone fractures.

Rehabilitation programs will frequently be initiated, like occupational therapy, speech therapy and physical therapy, and group work and psychotherapy for social support if necessary.

Rehabilitation programs will frequently be initiated, like occupational therapy, speech therapy and physical therapy, and group work and psychotherapy for social support if necessary.

Do you have a legal claim for brain damage injury that is valid?

If someone’s negligence caused the brain damage injury, it is critically important for a brain injury lawyer to provide you with legal representation. Treating TBI can be expensive and long-running, which cause family members to have intense emotional pain, particularly if treatment results are changeable or uncertain. If the injured individual was providing others with financial support, it wouldn’t be there any longer; special education might be needed if the individual is a child.

The first step to initiating a lawsuit is locating a brain injury lawyer from your area.  In addition, or alternatively, you might need to locate a lawyer from the state where your injury took place.  You next need to meet with your brain damage injury attorney and share with him or her as much information as you can about the incident, so that your claim can be evaluated by the lawyer.

Read More