2014 -

Pre-Packaged Caramel Apples Responsible for 5 Deaths and 29 Hospitalizations

Posted on December 29, 2014March 28, 2018 by YostLaw

The Centers for Disease Control and Prevention (“CDC”) is investigating a listeria outbreak linked to pre-packaged caramel apples and as of December 22, 2014, is warning consumers not to eat any commercially packaged caramel apples until it has completed its investigation. http://www.cdc.gov/listeria/outbreaks/caramel-apples-12-14/index.html

The outbreak, which is responsible for 5 deaths and 29 hospitalizations in 10 states, has not yet been linked to a particular brand or manufacturer; however, at least one company, Happy Apple, in Missouri, has voluntarily recalled all of its brand of caramel apples with use by dates between August 25 and November 23, 2014.

In the meantime, the CDC is concerned that not all cases have been reported, as listeria can take from just a few days to more than two months to present itself. The 29 cases to date represent infections that occurred in October and November. There may be more cases out there from people who have consumed or may consume the contaminated apples in December.

Pregnant women, elderly and people with suppressed immune systems are most at risk.

Stryker Corp Faces Another Large Settlement in Fraud Case

Posted on December 23, 2014March 28, 2018 by YostLaw

Stryker Corporation has announced a major settlement of almost $1.5 billion dollars to be paid to thousands of patients injured by their metal-on-metal Rejuvenate and ABG II Model hip implants. The company now finds itself at the center of another controversy involving one of its subsidiaries, OtisMed, and another dangerously defective piece of medical equipment.

Stryker Corp acquired OtisMed, a California-based medical device company, in 2009. After the merger, Stryker helped oversee the creation and distribution of OtisKnee, a device sold to hospitals as a guide to assist surgeons during knee replacement procedures.

Despite the fact that OtisMed sold over 18,000 OtisKnee guides between 2006 and 2009, resulting in an estimated $27 million profit, the company never received FDA approval for their device. The FDA in fact rejected their product as unsafe in 2009, but this did not deter former OtisMed CEO Charlie Chi from ordering the shipment of 218 OtisKnee devices to doctors and surgeons across the country.

Charlie Chi has since pled guilty to three counts of fraud and faces up to three years in prison. He has been released on $500,000 bail pending a sentencing hearing on March 18^th. While Stryker maintains that they were not aware of the FDA’s rejection of the OtisKnee system prior to their 2009 merger, this case still places the embattled company firmly in the center of another major defective medical device controversy.

Medical device manufacturers have an obligation to the patients and doctors who utilize these devices, to follow the proper safety guidelines and deliver the safest, FDA approved product possible. When companies like OtisMed and Stryker Corp betray that obligation and put company gains over consumer safety, it creates a major public health problem. Medical device manufacturers must be held accountable for the tragic and unfortunate complications they cause to unsuspecting patients and doctors.

If you or a loved one has received a Stryker hip implant, call The Yost Legal Group today for help. We will speak with you for free, review your medical records for free, and determine if you have one of the recalled metal hip implants.

If you are experiencing any pain after hip replacement surgery or have had a hip revision surgery, call 1-800-YOST-LAW (967-8529) today. We’ll speak with you for free, explain your rights and fight to make sure you receive the justice and compensation you deserve.

Experimental Treatments Show Promise and Risk for Cerebral Palsy Patients

Posted on December 8, 2014March 28, 2018 by YostLaw

Children with cerebral palsy have one of several neurological disorders that permanently affect body movement or muscle coordination. The problem is not with the actual muscles; rather, it’s with the part of the brain that controls the muscle movement. Treatments for cerebral palsy include:

Physical and occupational therapy
Speech therapy
Medications aimed at controlling seizures, muscle spasms and pain
Braces or orthotic devices
Communication aids

Sometimes, surgery is recommended to release tight muscles.

Over the past ten years, a new type of therapy has emerged which uses Botox injections to treat children with a particular type of cerebral palsy involving “spasticity.” Spasticity causes muscle stiffness and tightness that interferes with voluntary movements (like walking). Several videos have surfaced showing young children with cerebral palsy walking for the first time after receiving Botox injections to treat spasticity in their legs.

What the videos don’t show, however, are the risks of using Botox in this “off-label” manner. Doctors routinely prescribe medications for off-label uses, and we want doctors to have the ability to use their knowledge, experience and judgment to decide how best to use a medication for an individual patient. But doctors must know when a particular use of medication is “off-label,” and doctors must know of the risks associated with such uses.

Pharmaceutical companies are not allowed to market drugs for off-label uses. If a company knows a use is off-label, its representatives are not allowed to pitch that use to doctors as if the use has been cleared by FDA. Likewise, if the manufacturer is aware of risks associated with off-label uses of its products, it should share those risks. Doctors need to know when a use of medication is off-label as well as what potential side effects may exist so that they can assess the risks and benefits of the off-label use with their patients. This is especially true when the patient is a child with cerebral palsy.

A federal jury in Vermont recently decided to hold a large pharmaceutical company responsible for failing to properly share this type information about one of its products in the case of Drake v. Allergan, Inc. The court decided in November to hold Botox manufacturer Allergan responsible for its off-label promotion of Botox when a child suffered epileptic seizures after receiving Botox injections. In this case, the jury determined that Allergan had committed two major violations of Vermont’s consumer protection act. First, by marketing Botox for use in children at unsafe doses; and secondly, by failing to provide doctors and patients with full information about the risks and dangers known to the company.

If your child has experienced any serious medical problems as a result of receiving Botox injections to treat spasticity related to cerebral palsy, you may be entitled to compensation.

Call 1 800 YOST LAW (967-8529) for help. There is no fee or expense unless you recover.

The Yost Legal Group: Experienced Lawyers Dedicated to Protecting your Rights.

GM Safety Recall Too Late For Some Maryland Residents

Posted on December 2, 2014 by YostLaw

On March 31, 2014, General Motors recalled more than 1.3 million vehicles due to a defect in power steering that can cause drivers to experience a sudden inability to effectively control their vehicles. Although GM stated that when power steering is lost the car will revert to manual steering, the sudden onset and greater effort needed, particularly at low vehicle speeds, could increase the risk of a crash.

This is exactly what happened to one woman in Maryland who was injured when her car’s steering wheel locked up, causing her to crash head-on into a concrete barrier while entering the interstate from an on-ramp in Baltimore City.

Unfortunately, this accident in Baltimore happened two days after a Chevy dealership repaired the defective power steering in that car. Despite the fact that GM’s Global Vehicle Safety Vice President, Jeff Boyer, promised that the safety recalls would “make it right” for GM customers, this crash demonstrates that this is clearly not the case, and GM still has not “made it right.”

This is not the first instance in which GM has addressed these very same issues in its cars. GM has recalled some of these cars for the same issue in the past, and with this last recall admitted that the company did not do enough. It is evident that they still have not done enough. Until the company adequately addresses the issue and trains its dealerships to make appropriate repairs, we can expect more unnecessary and preventable crashes.

If you or a loved one has been seriously injured, or if your loved one has lost his or her life because of GM’s defective power steering, you may be entitled to compensation. Call 1 800 YOST LAW (967-8529) for help. There is no fee or expense unless we recover for you.

The Yost Legal Group, Experienced Lawyers Dedicated to Protecting your Rights.

Holiday Season Linked to High Rates of Drunk Driving

Posted on November 19, 2014March 28, 2018 by YostLaw

With Thanksgiving only a week away and the Holiday season just around the corner, millions of Americans will be traveling by car to visit friends and family across the country. The US Department of Transportation considers the week before Thanksgiving to be the busiest long distance travel period of the year, with long-distance driving trips increasing by 54%.

Taking a road trip to visit friends and family we don’t get to see often is one of the most enjoyable parts of this time of year. However, between the holiday festivities and the extra volume of cars on the road, drivers must be especially wary of drunk or impaired drivers.

In 2013, an estimated 436 drivers were involved in vehicle-related fatalities on Thanksgiving Day. And over 46,000 people were injured in car wrecks, many due to drunk drivers and distracted drivers.

Drunk driving plays a major role in the spike of accidents around Thanksgiving, but the increase in drunk driving accidents becomes even more severe towards the end of December. The US Department of Transportation estimates that drunk driving accidents cause an average of 27 deaths every day in December, and that drunk drivers play a role in 40% of all traffic deaths on Christmas and New Year’s Eve. That rate is 12% higher than at any other point in December.

If you are planning to travel this Holiday Season, The Yost Legal Group wants to remind you to be aware and be prepared. Here are a few thoughts to keep in mind while behind the wheel:

Always buckle up: Whether you’re driving across the state or just around the corner, never leave without first securing the seatbelts of everyone in the vehicle.
Play it safe: We all have plans that we need to keep during the holidays, but always try to leave yourself extra time to arrive at your destination. Don’t rush, obey the posted speed limit and remember that arriving safe is always the number one priority.
Drive defensively: You cannot control the actions of other drivers, but you can control your own conduct on the road. Defensive driving techniques like maintaining a safe 3-4 second following distance, using proper turn signals, avoiding distractions like your phone, and paying attention to other drivers on the road will help you avoid a dangerous situation.
Be aware: Holiday parties mean that Law Enforcement in your area will be stepping up their efforts to prevent crashes and get impaired drivers off the road. Expect sobriety check points and an increased Law Enforcement presence on the road, and NEVER GET BEHIND THE WHEEL IF YOU’VE BEEN DRINKING.

At The Yost Legal Group, we wish you and your family a safe and healthy holiday season. However, if you or a loved one are injured by a drunk driver or in a car wreck that was not your fault, call the experienced Drunk Driving and Car Accident Attorneys at The Yost Legal Group right away at 1-800-YOST-LAW (967-8529). Our experienced Baltimore injury attorneys will investigate your case thoroughly, and we will work hard to recover the maximum compensation for you.

Our experienced car accident lawyers know how to handle the big insurance companies and will make sure that your rights are protected. Let us help you receive the full compensation to which you are entitled under Maryland Law.

The Yost Legal Group, Experienced Lawyers Dedicated to Protecting your Rights.

Hip Replacement Manufacturer To Pay Over $1 Billion in Major Settlement

Posted on November 10, 2014March 28, 2018 by YostLaw

Stryker Corp, a major manufacturer of artificial hip implants, announced on Monday, November 3rd that it has reached a settlement agreement with the thousands of patients that were harmed by their all-metal Rejuvenate and ABG II hip-replacement models.

Stryker, a subsidiary of the DePuy division of Johnson & Johnson, originally recalled these models in July of 2012, citing numerous complaints by patients and medical professionals alike that the metal-on-metal construction caused serious complications. In almost all cases, the all-metal artificial joints corroded quickly, causing inflammation in the tissue surrounding the implants, as well as elevated levels of dangerous metals in the blood.

This settlement deal will cost Stryker over 1 billion dollars, making this agreement one of the largest sums paid by an implant manufacturer in the last year. An estimated 250,000 hip replacement procedures take place around the country every year, and metal-on-metal devices once accounted for nearly two out of every three of these procedures.

This number has plummeted since the original Stryker recall, with physicians now recommending hip replacement devices that use a combination of plastic, ceramic and metal materials.

The defective product and medical malpractice attorneys of The Yost Legal Group have a proven track record of standing up to big manufacturers and securing the maximum compensation for our clients that have suffered due to negligent or defective medical devices. If you or a loved one have experienced any of the following symptoms due to a metal-on-metal hip implant, contact the experienced attorneys at The Yost Legal Group immediately:

Osteolysis, or bone dissolution
Synovitis, or inflammation of the synovial membrane in joints
Pseudo-tumors
Joint fluid
Tissue or bone necrosis
Hypersensitivity to metal

Medical devices are designed to reduce pain and increase mobility and longevity. When these procedures instead cause pain, complications and unforeseen expenses, it is important to have an experienced attorney on your side. The caring product liability attorneys at The Yost Legal Group will speak with you for free to discuss your situation and help you understand your rights.

Cal 1-800-YOST-LAW (1-800-967-8529) now for a free confidential consultation.

The Yost Legal Group, Experienced Lawyers Dedicated to Protecting your Rights.

Turning the Tide Against Child Abuse

Posted on November 4, 2014March 21, 2017 by YostLaw

Every year, Child Protective Services receives over 3 million reports of child abuse, and approximately 5 children lose their lives every day due to abuse or neglect.

The United States is currently dealing with an epidemic when it comes to cases of child abuse and neglect, but many Americans still remain unaware of the extent of this crisis. To make matters worse, some studies estimate that 2 out of every 3 incidents of child abuse and neglect are not even reported.

Many children are abused and neglected in trusted environments such as licensed Day Care Centers, Religious Programs for Kids, After School Programs and more. When you pay to place your child in a reputable, licensed childcare facility, you are doing so under the notion that this is a safe place. Unfortunately, this is not always the case. So you must always be aware and ask lots of questions.

Understanding the warning signs of child abuse and neglect are the best ways for all of us to help minimize this senseless epidemic.

The US Department of Health & Human Services defines Child Abuse as “any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm.” Within this broad definition, most cases of abuse can be categorized in one of four camps:

Neglect: Denying a child access to their most basic needs, either physical (ie: food & water), educational or emotional.
Physical: Physically injuring a child with an act of violence.
Sexual: May include indecent exposure, inappropriate or unwanted touching, and/or illicit photographic materials.
Emotional: Impairing the development of a child through excessive criticism, threats, rejection or personal attack.

In a vast majority of cases, close to 90% by some estimates, child abuse and neglect is perpetrated by an authority figure that the child knows well. The immediate consequences of child abuse, including physical injuries and intense mental anguish, are disturbing enough on their own.

However, the real damage of abuse often does not appear until years after the incident occurs. Individuals that experience some form of abuse or neglect as children are far more likely than their peers to struggle with substance abuse, psychological disorders, criminal behavior and serious health issues including heart disease, liver disease, obesity and cancer.

Familiarizing yourself with the signs of child abuse is one of the best tools at your disposal to help end this epidemic. You can view a checklist of warning signs here, and learn more about the proper way to report incidents of child abuse here.

If a loved one is a victim of abuse or neglect from a trusted establishment, contact The Yost Legal Group today for a free confidential consultation. We’re here to help you through this difficult time.

If we take your case it will be on a no fee or expense basis unless you recover.

Call The Yost Legal Group today and speak to an attorney for a free initial consultation about your case at 1-800-YOST-LAW (1-800-967-8529).

The Yost Legal Group, Helping Fight Clergy Abuse & Other Abuses Against Children.

New Guardrails May Lead To Deadly Accidents

Posted on October 10, 2014March 28, 2018 by YostLaw

Guardrails are designed to protect the commuting public by absorbing the impact of a crash in order to decrease risk of injury. But, evidence is coming to light now, that many guardrail systems are inadequate and causing more harm than good.

Inventor Dean Sickly designed a guardrail system that has saved lives since it was introduced in 1999. The Texas based company; Trinity Industries manufactured Sickly’s guardrail system and sold them nationwide.

In 2005, Trinity Industries changed Sickly’s design by altering a piece of the guardrail’s end terminal (ET) by shrinking a piece of metal from five inches in width to four. This slight modification decreased the crashworthiness of the guardrail system, and since its introduction, has killed and maimed drivers who have collided with the new ET-Plus.

Many people have suffered due to the new ET-Plus guardrail system because it does not work properly, and this is not acceptable. The experienced product liability lawyers at The Yost Legal Group have represented many people who have been injured due to faulty products and have brought many victims the justice and financial compensation they deserve.

The reasons behind the change in the guardrail system vary depending on who you talk to, however, internal documents from Trinity Industries claim the change would save the company $2 an ET; equivalent to saving $50,000 annually and $250,000 over five years.

The internal document also contained the disturbing quote, “I’m feeling we can make this change with no announcement.” What does that mean? It means Trinity Industries failed to inform the Federal Highway Administration of the changes made with the ET-Plus. Trinity Industries claim the new patent documents inadvertently omitted the new design specifications.

Click here to read Trinity Industries internal email.

Trinity Industries has since provided safety crash test data to the Federal Highway Administration, which has cleared them of any charges and approved the use of the ET-Plus as it meets all federal safety standards. While the ET-Plus has been federally approved, the states of Missouri and Massachusetts have halted use while further investigations are conducted.

Sean Kane, President of The Safety Institute told ABC news, “Clearly I think there is a safety issue. What we’re seeing is real-world crashes around the country where the guardrails are not performing as intended.”

Presently, there are several lawsuits filed against Trinity Industries, which allege the small change altered the way, the guardrail functions by impaling through one’s car instead of bending back as they were originally designed. In several cases, the victims were killed or maimed with loss of limbs.

All manufacturers are obligated to make products that are safe for the public. When one is injured due to faulty product designs that are knowingly produced and sold, someone should be held accountable. This level of negligence is unacceptable and victims of these new guardrails deserve justice.

If an ET-Plus guardrail system, or any other defective product has injured you or a loved one, you deserve compensation for your losses. The dedicated attorneys at The Yost Legal Group are here to protect your rights and fight for justice.

The Yost Legal Group is experienced in helping individuals and families who are victims of automobile accidents and defective products. The Yost Legal Group has the experience to investigate your case, determine what negligence was involved and fight to protect your right to full and fair compensation.

If you or a family member has suffered in an accident, contact the experienced, caring attorneys at The Yost Legal Group. The experienced Baltimore, Maryland product liability lawyers will work hard to investigate the facts surrounding your situation, get to the truth and see that justice is served.

Contact The Yost Legal Group at 1-800-Yost-Law (1-800-967-8529) to speak with an experienced Product Liability attorney for free. One of our experienced lawyers will work hard to protect your rights and handle all of the details surrounding your case. If someone was at fault, we will fight to get you the compensation and the justice you deserve.

To find out more about your rights, please contact the experienced and knowledgeable Personal Injury lawyers at The Yost Legal Group.

The Yost Legal Group, Experienced Lawyers Dedicated to Protecting your Rights.

Click here to read ABC News report on Trinity Industries new ET-Plus guardrail design.

LEAD PAINT: The Public Health Hazard Disproportionately Harming America’s Inner Cities

Posted on October 10, 2014March 28, 2018 by YostLaw

It is estimated that over 500,000 children in the US between the ages of 1 and 5 years old faced the severe medical dangers associated with lead poisoning. While this number is certainly troubling, it becomes much more disturbing when coupled with the fact that researchers currently estimate that roughly 30 million American homes still contain lead-based paint.

Homes Built Before 1978 Are at Highest Risk for Lead Paint

Homes built prior to the 1978 federal ban on lead in consumer products are the highest risk of containing toxic levels of the chemical, and a disproportionate amount of homes such as these are concentrated in America’s inner cities.

One 1999 study found that the city of Baltimore is home to the highest proportion of lead poisoning rates among children in the United States. Previous studies have gone even deeper into the link between lead poisoning and America’s inner city neighborhoods. One 1980 National Health and Nutrition Survey even found that African-American children were 6 times more likely than their white counterparts to have dangerously elevated levels of lead in their bloodstreams.

Low Income Neighborhoods More Instances of Lead Paint Exposure

A major part of this discrepancy is due to the fact that houses in traditionally economically depressed neighborhoods are far less likely to be renovated and brought up to the codes of public health standards. This civic neglect on the part of elected officials, real-estate developers, property owners and public health representatives has put entire neighborhoods and populations at risk.

For residents of these communities, it is imperative to know what warning signs to look for and what steps can be taken to prevent children from being exposed to this toxic chemical.

What to Look for

If you notice a large concentration of paint chips along walls, windowsills or doorways, it could be a sign that lead-based paint was used in your home. In addition, it is important to know how to spot the early symptoms of elevated levels of lead in a child’s bloodstream. These can include:

Decreased IQ, attention span and/or hand-eye coordination
Short term memory loss
Impaired hearing
Decreased or stunted growth
Hyperactivity, ADD, ADHD
Increased aggressive and/or antisocial behaviors
Decrease in muscle mass or severe, chronic muscle pain

Public Health policy is heavily influenced by many political factors, and it is unlikely that any progress on a given issue will be made without significant pressure from politicians, civic interest groups or the threat of public unrest. With this in mind, understanding the history of lead paint and the health risks it poses to urban communities throughout the country will be crucial in ensuring that no more children and families must undergo the hardship of suffering through lead poisoning.

Education is Key

Educating communities about prevention and treatment options for lead exposure can help undo the damage done by years of being pushed to the side and ignored. Furthermore, the greater the public knowledge about this health hazard, the more can be done on the part of citizens and community leaders to lobby effectively and demand actionable results from their elected leaders.

Baltimore residents should consult their medical professional as well as the Center for Disease Control’s Lead Prevention Program for advice about lead paint and steps to take.

If you feel you or your child has been exposed to unsafe levels of lead due to negligence or poor building upkeep, contact The Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529).

The Yost Legal Group offers experience in aggressive litigation of lead paint poisoning claims and has successfully protected the rights of many in Baltimore and surrounding cities of families exposed to this serious health risk. If you feel you are at risk, don’t hesitate to act and call today for a free consultation.

LEAD PAINT: Understanding the History and Lingering Effects of this Public Health Crisis

Posted on October 7, 2014March 28, 2018 by YostLaw

The United States of America has a long and troubled history with the use of lead-based paint, and the repercussions of this dangerous industry remain a serious threat to millions of Americans today. In order to properly understand the risks of lead poisoning and ensure that you and your family avoid exposure to toxic levels of lead, it is important to look back at the history of this material, its uses, and why it remained so prevalent in the United States for years after its dangers were well documented.

It Started as Early as the 1920’s

Worldwide, the health risks of lead exposure were well known as early as the 1920s. Between 1920 and 1930, countries such as France, Austria, Belgium, and Greece banned the use of lead in all consumer products. The United States, however, did not feel a ban was necessary, as the lead industry had become one of the country’s most profitable institutions.

At this time, Americans consumed over 170,000 tons of lead paint per year, in spite of decades of well documented cases of hallucinations, convulsions, comas and even deaths experienced by individuals exposed to lead in industrial and domestic settings. Ignoring all evidence to the contrary, lead remained an essential ingredient in everything from paint and gasoline, to foil for candy wrappers and cake decorations.

By the 1940s, public debate about the use of lead and its associated health risks was raging in the United States. The lucrative lead industry successfully lobbied politicians and engaged in disinformation campaigns in the media to keep public policy from completely shifting out of their control.

High-ranking lead industry executives paid scientists to conduct flawed studies designed to muddy the waters of public opinion and cast doubt on the links between lead exposure and serious health problems. Much like the efforts of Big Tobacco in the early 2000s and Big Oil today, this disinformation campaign put industry profits above consumer health to an alarming degree.

Use of Lead in Products was banned in 1978

The use of lead in paint, gasoline, and all other consumer products was finally banned in 1978, but the CDC estimates that in 2013 over 500,000 American children between the ages of 1 and 5 years old still faced the severe medical dangers associated with lead poisoning. In addition, it is estimated that 30 million American homes still contain lead paint, with the highest concentration of lead poisoning cases found in Baltimore city.

Baltimore Residents and Children Hit Hard by Lead Poisoning Exposure