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.

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The General Damages Multiplier For Pain And Suffering Calculator

When you are pursuing compensation during a personal injury case, you and your lawyer will need to determine the amount of money by pain and suffering calculator, you deserve from the responsible party. To the untrained eye, it may seem that you can only receive compensation for the expenses you can prove through bills and receipts. These verifiable expenses are usually from medical and repair professionals.

In reality, the amount of compensation you are owed is usually not black and white. It is often greater than what you can prove through bills and receipts. Although the opposing lawyers and insurance company do not want you to know this information, it is critical to have all the pieces of information they use to help you receive the highest compensation amount possible for your case.

How Is My Compensation Determined?

Although each case is different, a basic formula for pain and suffering calculator is often used to help calculate the possible compensation you can receive after a personal injury case. The formula used to calculate the amount is similar to this:

(Dollar Amount) SD x GDM = (Dollar Amount) TCP

When broken down, the formula means the following:
Total dollar amount of Special Damages x the General Damages Multiplier (GDM) = the Total Compensation Paid (as compensation to the victim).

What Is Special Damage?

The first amount is called “Special Damages.” This is sometimes referenced as “Specials.” This is the total amount of your “black and white” or verifiable expenses attributed to your personal injury case.

This number typically includes lost property value, repair costs, medication costs, and medical bills, lost wages, out-of-pocket expenses, and other monetary expenses that can be proven to have occurred as a result of your injury or as a domino effect of your situation.

Once the total of all your bills, receipts, and other verifiable losses is calculated, this will be considered to be your Special Damages.

What Is A GDM?

Although everything considered as Special Damages is in black and white, which are verifiable expenses, the General Damages is a subjective measure used for each case. General Damages are commonly referred to as Pain and Suffering. The more pain and suffering in pain and suffering calculator, the higher your General Damages Multiplier is and the higher your compensation.

Since pain and suffering is subjective and its interpretation will vary based on the interest of the parties involved, the number will vary slightly. However, this can significantly affect your compensation.

The GDM is a figure between 1.5 and 5, and it is multiplied with your Special Damages to create a larger compensation amount. When filing a personal injury lawsuit, you are saying your losses are a direct result of another party’s negligence or action. Your GDM is increased the most by this magnitude of fault, combined with your pain and suffering.

When weighing your GDM, the basic considerations include in pain and suffering calculator:

  • Your amount and duration of pain and suffering
  • The disruption to your ordinary life
  • The amount of negligence and recklessness of the responsible party
  • Increased worry and stress
  • Missing or disrupted benefits from a family relationship
  • Long-term effects that caused loss of enjoyment
  • Emotional distress

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Have You Been Injured By No Fault of Your Own? Then You May Need A Personal Injury Attorney

Hiring personal injury attorney costs money. However, when you have been injured through no fault of your own, and you are dealing with an insurance company, it may be necessary to retain the services of a personal injury attorney. Their skills, and the intimidation factor of having someone with experience on your side, can make all the difference. The reasons why you decide to hire a personal injury attorney may vary. For example, perhaps the insurance company is simply not giving you a fair deal. However, when it comes to certain accidents or injuries, you really must hire a personal injury attorney to help you.

Injuries that Lead to a Disability

Some people feel the effects of accidents long after they happen. You may find that physically you are not as capable as you were before. This may go away over time or it may stay with you forever. Putting a dollar value on your suffering is not easy. A lawyer can help you with this process to ensure that you get the monetary compensation you deserve.

Serious Injuries

How much money you receive for your claim is dependent on the type of injuries you sustained. Several factors are taken into consideration when determining the severity of your injuries. Your medical bills, for example, are examined. Your recovery time is also taken into consideration. As your case becomes stronger, there is a larger range within which you may receive a settlement. A personal injury attorney is very helpful in these situations. He or she can manage your claim and help you get the most money possible for your injuries.

Malpractice Lawsuits

If your injuries are related to a medical service that was performed on you, there are very complicated rules involved. In these situations, a patient was injured as a result of carelessness or unprofessional treatment by a medical professional, like a doctor or a nurse. A personal injury attorney is essential in these situations, and it is important to seek out someone that has experience with malpractice suits.

No Settlement

No matter how strong your case, sometimes the insurance company just does not want to pay you. Or, they may not want to give you a fair settlement. In these instances, regardless of your injury or how much evidence you have gathered on your own, it is important to hire a lawyer to stand by your side. While you will have to pay the personal injury attorney, you have a much better shot of getting a good settlement and coming out on top in the end.

Hiring a Competent Personal Injury Attorney

Getting recommendations from people you know is the best way to hire a good personal injury attorney. Once you have a few people to pick from, set up interviews so you can get to know the attorneys. Lawyerfocus also can give you information on different lawyers.

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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.

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