2017 - Page 2 of 4 -

More Bad News for Smith and Nephew

Posted on July 13, 2017July 10, 2019 by YostLaw

Smith & Nephew continues to issue additional recalls for its defective hip implant devices. By now, Smith & Nephew has established a clear pattern of manufacturing faulty and dangerous hip devices that harm rather than help innocent users of those products. In June of 2012, Smith & Nephew issued a recall of its R3 Acetabular System hip implant, followed by a voluntary market withdrawal of the Birmingham Hip Resurfacing (BHR) Femoral System in June of 2015. In 2016, Smith & Nephew was forced to recall three additional hip implant products.

In August of 2016, Smith and Nephew recalled its Tandem Bipolar Hip System because of a manufacturing error that caused the device to fall apart inside the patient’s body, often within just a few weeks of surgery. Smith & Nephew manufactured the bipolar shells for this device out of specification. In issuing the recall, Smith & Nephew admitted that its negligence in manufacturing these devices could lead to a failure of the device that would require a revision surgery. They were forced to make this admission after product complaints and clinical study data showed a much a higher rate of problems for this device when compared to similar hip implants on the market.

In November of 2016, Smith and Nephew recalled its Modular SMF hip stem and Modular REDAPT hip systems. They again admitted that patients implanted with these devices may face a greater risk of the need for revision surgery based on data they collected. Most of the problems were “metal related.” This means that like other Smith & Nephew metal-on-metal hip implant devices, many users of this product experienced dangerously high levels of chromium and cobalt in their blood. This forced innocent users of this defective product to undergo unnecessary revision surgeries.

Sadly, although time marches on, the story for Smith & Nephew remains the same. By continually putting profits ahead of the safety of individuals using its defective products, those persons are put at risk for suffering from harmful medical consequences. Our experienced lawyers fight for individuals who have been harmed by defective products. If you or a loved one has been injured or required revision surgery following a Smith & Nephew or other defective hip implant, the attorneys at the Yost Legal Group will investigate your lawsuit claim. For a free consultation, please call us at 1-800-YOSTLAW.

Ataxic Cerebral Palsy

Posted on July 11, 2017July 10, 2019 by YostLaw

Cerebral palsy (CP) occurs in nearly 1 in every 500 births, making it is the most prevalent cause of motor function impairment. A disorder of movement, muscle tone or posture, CP is a neurological condition caused by brain damage which is usually suffered before, during or soon after a baby is born. CP may also cause seizure disorder (epilepsy), swallowing, speech and eye movement problems, and can cause intellectual disabilities. Premature birth significantly increases an infant’s risk of CP. There are several different types of CP, with each type classified according to the type of body movement and posture problem present. Ataxic cerebral palsy is the rarest type of cerebral palsy and involves the entire body.

Ataxic CP causes problems with:

Balance
Precise Movements (may reach too far or too close to touch objects)
Coordination (may walk with feet unusually far apart)
Hand control (may have trouble buttoning clothing, writing or using scissors)

If there is birth trauma during labor and delivery, it is possible for the baby to suffer from a brain injury due to hypoxia, or lack of oxygen. Medical staff is expected to monitor the baby’s heart rate and the mother’s contraction rate to ensure the safety of the baby and avoid birth injury. Medical negligence in this area could be the reason why you child suffers from cerebral palsy.

Motor functioning impairment greatly affects quality of life. Additionally, the cost of care for a child with brain damage is high. If your child’s brain injury was caused by a medical mistake at birth, or caused by an extremely premature birth which healthcare providers negligently failed to prevent (such as a failure to diagnose and treat preeclampsia), the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. When you call, you will speak with a Baltimore Birth Injury attorney with real experience absolutely free. At The Yost Legal Group, there is no fee or expense unless you recover.

Glyphosate Added to California List of Cancer-Causing Chemicals

Posted on July 5, 2017July 10, 2019 by YostLaw

According to the Environmental Health Hazard Assessment (OEHHA), glyphosate, the active ingredient in the popular herbicide Roundup, will be added to a list of known carcinogens in the state of California. Monsanto, the maker of RoundUp, has been in a legal battle with consumers who claim that the company inadequately warned users of the risk of cancer associated with the product. This listing, which goes into effect on July 7, 2017, is a victory for the over 800 individuals who have sued Monsanto claiming that RoundUp caused their cancer.

Monsanto is already fighting back, calling California’s decision “unwarranted on the basis of science and law.” Initially, the company attempted to block the addition of glyphosate to the list in trial court, but was unsuccessful. OEHHA has announced that the listing of glyphosate will proceed, requiring companies in California that sell the chemical to add warning labels on packaging. California’s decision to officially classify glyphosate as a carcinogen and require a warning label on the product is a welcome advancement for those fighting against Monsanto’s irresponsibility.

If you or a loved one has non-Hodgins lymphoma cancer that may have been caused by exposure to Roundup, the experienced Mass Tort lawyers at The Yost Legal Group are here to help. Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. At The Yost Legal Group, there is no fee or expense unless you recover.

Hypoxic Brain Injury- Intubation

Posted on June 29, 2017July 10, 2019 by YostLaw

Tracheal intubation (TI), usually simply referred to as intubation, is a procedure performed by medical professionals in the setting of respiratory failure and shock. This procedure involves inserting a flexible plastic tube into the patient’s trachea (windpipe) to maintain an open airway, assist with breathing and can also serve as a channel through which to administer certain drugs.

Although intubation is a life-saving intervention, life-threatening complications may arise if this complex procedure is not done correctly. Negligent placement of the endotracheal tube into the esophagus, instead of the trachea, is a major cause of cardiac arrest and brain damage associated with intubation. If this mistake is not immediately recognized and the tubing withdrawn from the patient’s esophagus, the patient’s airway remains blocked and hypoxic brain injury or anoxic brain injury can result from the asphyxiation caused by negligent intubation.

Patients must have a continuous supply of oxygen to the brain in order to survive. If the oxygen supply is interrupted, even for a short amount of time, the functioning of the brain is disturbed immediately and irreversible damage can quickly follow. Despite intubation guidelines and years of training in airway management, medical mistakes continue to be made, causing catastrophic complications to arise.

If you or a loved one feel you are the victim of a medical mistake, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). When you call, you will speak with an experienced Baltimore Medical Malpractice attorney absolutely FREE.

The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case. At The Yost Legal Group, there is no fee or expense unless you recover.

Dyskinetic Cerebral Palsy

Posted on June 20, 2017July 10, 2019 by YostLaw

Cerebral palsy, or CP, is one of the most common birth injuries associated with medical negligence in the United States. This serious medical condition is the result of an injury to the baby’s brain, including brain damage caused by oxygen deprivation during labor and delivery. Cerebral palsy can be categorized into different forms, based on the degree of brain damage and the area/areas of the body affected. Forms of cerebral palsy include dyskinetic CP, spastic CP, and ataxic CP.

Dyskinetic CP results from damage to the basal ganglia of the brain (responsible for regulating voluntary movement) and is associated with a number of symptoms that cause muscle tone to fluctuate between being loose and tight. The different forms of dyskinesia include, dystonia, athetosis, and chorea, and result from damage to slightly different structures within the basal ganglia.

Characteristics of dystonia include painful muscle contractions, causing slow twisting or repetitive movement, and a disabling, rigid posture. Athetosis is characterized by slow, continuous, involuntary, writhing movements that may cause those affected to appear restless. People with chorea experience brief, abrupt involuntary movements and may appear fidgety.

It is the medical staff’s responsibility to consistently monitor the baby’s heart rate and the mother’s contraction rate. When signs of fetal distress go unnoticed, the baby can suffer from oxygen deprivation during labor and delivery, which is an obstetrical emergency. Consequences of such negligence can result in permanent brain injury, such as dyskinetic CP, when the baby suffers brain damage from lack of oxygen (hypoxia or anoxia) during labor and delivery.

The cost of care for a child with brain damage, is very high. If your child’s brain injury was caused by a medical mistake at birth, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

RoundUp Lawsuit

Posted on June 15, 2017July 10, 2019 by YostLaw

As Monsanto’s flagship product, the weed killer Roundup generates approximately $5 billion in annual sales for the company. In March of 2015, the International Agency for Research on Cancer (IARC), part of the highly respected World Health Organization, reported that Roundup contains a probable cancer causing chemical called glyphosate. Cases of persons suffering from the cancer known as non-Hodgkin lymphoma caused by exposure to Roundup have been filed and consolidated in a federal court Multi-District Litigation (MDL) in San Francisco. Documents produced in the MDL show that Monsanto desperately tried to hide information about the dangers of Roundup from the public in the form of falsified studies and protection from government agencies.

IARC’s report exposing Roundup’s glyphosate as a probable cause of cancer was supported by numerous scientific research studies. In particular, research studies, including one conducted as early as 2002, found an association between glyphosate and the cancer known as non-Hodgkin lymphoma. Faced with the damning evidence published by IARC, Monsanto struck back with a vengeance. Monsanto approached various regulatory departments of United States governmental agencies for the purpose of keeping information about its cancer causing Roundup a secret. Documents produced in the federal court MDL show that the Environmental Protection Agency (EPA) and the Department Health and Human Services conspired with Monsanto to hide Roundup’s glyphosate connection with causing cancer. Additionally, Monsanto conducted fraudulent studies designed to deceive governmental agencies and the public into concluding that Roundup’s glyphosate is safe and does not cause cancer. Monsanto submitted its phony studies to the EPA. Based on these studies, the EPA initially reported that Roundup’s glyphosate was “not likely to be carcinogenic,” but were later forced to remove this unsupported statement from the EPA website.

Monsanto’s dishonest effort to keep their carcinogenic product Roundup on the market displays a clear disregard for human life. Roundup constitutes one third of Monsanto’s sales revenues, leaving little doubt as to the motive for their shameful behavior. However, despite its power as a big corporation, Monsanto’s day of reckoning may not be far off. To date, more than 50 cases have been filed against Monsanto for cancer caused by Roundup in state and federal courts. The federal cases have all been consolidated into one Multi-district Litigation in San Francisco. The Monsanto Roundup litigation continues to grow, as lawsuit filings are increasing. It is anticipated that this litigation will ultimately grow to include thousands of cases and they will collectively hold Monsanto responsible for destroying countless lives for the sake of profit.

Roundup remains on the market as a product commonly used by many Americans, including farmers, landscapers, and gardeners. While the use of this toxic herbicide product remains common, its lesser known cancer causing risks are quickly coming to light.

Sepsis Following Weight Loss Surgery

Posted on June 13, 2017July 10, 2019 by YostLaw

The Centers for Disease Control reports that more than one-third (36.5%) of U.S. adults suffer from obesity. High blood pressure (hypertension), heart disease, type 2 diabetes, cancer, and stroke are all life threatening conditions linked to obesity and are some of the leading causes of preventable death.

There are various surgical procedures that doctors perform in order for patients to achieve desired weight loss and avoid obesity-related complications. These procedures are referred to as bariatric surgery and include a variety of surgical approaches, including gastric banding, Roux-en-Y gastric bypass and gastric sleeve surgery. All bariatric surgeries shrink the size of the patient’s stomach in order to limit the amount of food that can be consumed. During banding procedures, (laparoscopic adjustable gastric banding, or LAGB), a flexible band is placed around the upper portion of the patient’s stomach wall and tightened, to restrict the size of the stomach. During gastric bypass surgery, part of the stomach may be removed (gastrectomy) and the surgeon will also re-route, or bypass, part of the digestive system so that a much smaller amount of nutrients from food are absorbed by the intestinal tract.

Unfortunately, sometimes bariatric surgery brings with it consequences in the form of medical mistakes. There have been many instances where patients have suffered from an anastomotic leak (AL) during gastric bypass surgery, when fluid from within the gastrointestinal tract leaks into the sterile abdominal cavity. As a result, these patients suffer from severe peritonitis (a deadly infection in the abdomen) and sepsis. Early diagnosis of an AL is crucial for the prevention of life-threatening complications. In countless instances, medical providers have failed to diagnose this complication at the time of surgery.

Symptoms of sepsis include:
• Fever
• Hypothermia (lower than normal body temperature)
• Heart rate >90 beats per minute (bpm)
• Fast respiratory rate
• Altered mental status (confusion/coma)
• Edema (swelling)
• High blood glucose without diabetes

Fetal Acidosis

Posted on June 7, 2017July 10, 2019 by YostLaw

Before a baby is born, the fetus is completely dependent on the mother’s blood supply to receive oxygen and nutrients. These necessities are delivered from mother to child through the umbilical cord and placenta. If proper care is not taken by a medical professional during the labor and delivery process, the baby’s oxygen supply can become compromised. When a baby is suffering from oxygen deprivation, brain cells begin to die off and brain damage can be irreversible.

Fetal acidosis is a symptom of serious brain injuries caused by a severe lack of oxygen to a baby during labor and delivery (such as, Cerebral Palsy (CP), Hypoxic Ischemic Encephalopathy (HIE), and seizure disorders). Fetal acidosis is diagnosed by a lab test, (blood cord gas test) performed in the first few minutes of a newborn’s life, analyzing the pH level of the blood drawn from the umbilical cord artery and veins. If the pH level of the cord blood sample is 7.0 or less, the baby has a low (acidic) cord pH and is diagnosed with fetal acidosis. A low cord pH at birth is one of the most common indicators of a baby’s lack of oxygen during labor and delivery.

Birth injuries due to low oxygen supply (hypoxia) or no oxygen supply (anoxia, or asphyxiation) can be avoided by good medical care during labor and delivery, including routine monitoring of the baby (fetal movement and heart rate), the mother’s vital signs (maternal heart rate and maternal blood pressure), and uterine contractions during labor (how long the contractions last, how strong the contractions are and how close together the contractions occur).

If your child’s brain injury was caused by a medical mistake, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. When you call, you will speak with a Baltimore Birth Injury attorney with real experience absolutely free. At The Yost Legal Group, there is no fee or expense unless you recover.

Perforation of Small Intestine During Laparoscopic Cholecystectomy

Posted on June 1, 2017July 10, 2019 by YostLaw

Laparoscopic cholecystectomy, commonly referred to as a “lap choly,” is a procedure that involves removing the gallbladder. A patient may need removal if the gallbladder is full of gallstones (cholelithiasis), inflamed, or infected (cholecystitis). When a lap choly is needed, laparoscopic techniques are used to perform this minimally invasive surgery with the assistance of a video camera and several thin instruments.

The laparoscopic incisions, each one about ½” in size, limit the surgeon’s view of the patient’s abdomen. This limited view during surgical dissection and electrocautery can be associated with serious complications. Several factors may play a role in causing these injuries, such as the complexity of the case and the experience of the surgeon.

Although injury to the common bile duct (the tube that carries bile from the gallbladder to the small intestine) is one of the most serious complications of gall bladder surgery, injury to the small bowel (small intestine) can occur as a result of a medical provider’s incorrect use of surgical tools during laparoscopic cholecystectomy. Perforation or laceration of the small intestine during lap choly can occur when the nearby wall of the small intestine is cut by a surgical tool or burned during electrocautery. If left undetected and not quickly repaired, a hole in the small intestine can cause bile to leak into the abdomen and can lead to life-threatening infection (abscess, peritonitis and sepsis). The duodenum (upper section of the small intestine) or jejunum (the middle portion of the small intestine) are the two most likely sections of the small intestine to be negligently damaged during laparoscopic gall bladder surgery.

Before laparoscopy is performed on a patient, the patient must be properly evaluated, including a full clinical history and thorough clinical examination. If you would like to discuss your potential claim arising from an intestinal injury during laparoscopy, the attorneys at Yost Legal Group are experienced professionals ready to investigate your claim with compassion and determination.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. At The Yost Legal Group, there is no fee or expense unless you recover.

Spastic Cerebral Palsy at Birth

Posted on May 23, 2017July 10, 2019 by YostLaw

Spastic cerebral palsy is a permanent loss of muscle control caused by an injury to the brain resulting from a variety of causes, one of which is a lack of oxygen to the baby during labor and delivery.

Spastic CP is characterized by involuntary movement of the arms and legs, uncontrolled muscle spasms and can also affect the muscles controlling speech and swallowing. Spastic CP can affect all four limbs, neck and torso (tetraplegia), both arms and both legs (quadriplegia), or only one arm or leg (monoplegia) but most commonly affects the arm and leg on one side of the body, only (hemiplegia). Less commonly, spastic quadriplegia can affect three limbs (triplegia).

Poor coordination and balance, a complete inability to relax tightened muscles, difficulty walking, talking and eating are all common complications of spastic CP. For those who suffer from this neurological disorder, affected joints become very stiff and hard to move. Over time, the affected arms or legs may become extremely painful and interfere with the ability to function independently or even to sit in a comfortable position

Birth injuries, such as spastic cerebral palsy, can be the direct result of medical negligence. It is important for medical providers to consistently monitor the baby’s heart rate and the mother’s contraction rate to identify if the baby is experiencing a lack of oxygen during the entire course of labor and delivery. If a complication, such as a very low (bradycardia) or very high (tachycardia) fetal heart rate is identified in a timely manner, medical providers can respond immediately to fetal distress. A baby’s lack of oxygen during labor and delivery is an obstetrical emergency and can result in permanent brain injury such as spastic CP.

There are a number of treatments available for the management of spastic CP. However, the cost of care for a child with cerebral palsy, or any brain damage, is very high. If your child’s brain injury was caused by a medical mistake, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Year: 2017