Month: October 2018

History Repeats Itself: MDL Created for another Defective Zimmer Metal on Metal Hip Replacement

Posted on by YostLaw

In recent years, federal MDL’s (Multi-District Litigations) have been created for a large number of defective metal-on-metal hip replacements, including Smith & Nephew’s BHR and R3;   Stryker’s Rejuvenate, ABG II and LFIT V40; as well as many others. In 2010, a large number of cases involving Zimmer’s defective metal-on-metal Durom Cup hip replacement system were consolidated in a federal court MDL in New Jersey. Eight years later, because of high failure rates associated with its M/L Taper system, Zimmer now faces another MDL for this defective metal-on-metal hip replacement product.  On October 3, 2018, a federal judicial panel entered an order centralizing 21 federal cases involving the Zimmer M/L Taper, Kinectiv and VerSys metal-on-metal hip devices before Judge Paul Crotty of the Southern District of New York (In Re: Zimmer M/L Taper Hip Protheses Products Liability Litigation, MDL No. 2859).

Sadly, the story is a familiar one.  The Zimmer M/L Taper hip implant titanium and cobalt-chromium metal components cause excessive wear (fretting or trunnionosis), corrosion, and release of metal debris into the bloodstream. Like other similar failed metal-on-metal hip replacement products, this causes the patient implanted with a Zimmer M/L Taper system to suffer from metallosis, loss or damage to bone and tissue, and other injuries. In almost all cases, these injuries require a corrective revision surgery.

The formation of an MDL makes it easier to coordinate issues and proceedings that will apply to all the M/L Taper cases.  Ultimately, the MDL process usually results in what is known as bellwether trials. A bellwether trial provides a way for the parties to test their evidence and arguments before a jury, with the goal of moving the overall litigation towards a resolution of all the MDL cases.  Bellwether cases typically involve facts that are representative of other cases in the wider litigation.  The outcomes of bellwether trials often inform parties in determining whether they will continue to litigate or settle the other claims, and on what terms.

When patients are forced to undergo a painful and costly revision surgery following the implant of a defective and dangerous product like the Zimmer M/L Taper hip replacement system, Zimmer must be held accountable.  Our firm’s experienced hip replacement lawyers work for individuals who have been harmed by this defective Zimmer device.  If you or a loved one has been injured or required revision surgery following the implant of a Zimmer M/L Taper hip replacement system, or another defective hip device, the attorneys at the Yost Legal Group will investigate your potential claim and lawsuit. For a free consultation, please call us at 1-800-YOSTLAW.

Preeclampsia, Placental Abruption and Birth Injuries

Posted on by YostLaw

It is estimated that every 1 in 100 births is affected by preeclampsia and placental abruption. These conditions can not only cause harm to the baby, but to the mother as well. Often times these birth injuries can have an impact on the child for the rest of their life.

Preeclampsia occurs when an expectant mother develops high blood pressure, usually after 20 weeks of pregnancy, and this complication of pregnancy can also affect other organs such as the liver and kidneys. The earlier in the pregnancy that preeclampsia occurs, the greater the risk it creates for both mother and baby. One of the biggest signs that an expectant mother may have preeclampsia is if her blood pressure is 140/90 or higher.  Preeclampsia can also cause organ damage and a drop in blood platelets.  In addition to checking blood pressure, diagnosis of preeclampsia can include blood work (to check for low platelets or thrombocytopenia), and urinalysis (to check for an elevated level of protein in urine, or proteinuria).

The developing baby, too, is at risk from preeclampsia, with its complications including reduction of blood flow to the placenta, which can restrict the baby’s growth (fetal growth restriction) or separation of the placenta from the uterine wall (placental abruption) which can cause life-threatening bleeding to both mother and baby, and loss of oxygen to the baby.  If there are any signs of a placental abruption an immediate delivery, usually by caesarian (c-section), may be required. Failure to promptly deliver the baby can result in permanent brain damage due to loss of oxygen (hypoxic brain injury).

If your child suffered a brain injury at birth, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). The birth injury attorneys at The Yost Legal Group are experienced and caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case.

Vulnerable Children and Adults in Group Homes Face Risk of Abuse

Posted on by YostLaw

Many questions and concerns should be considered when an individual and their family members or guardian explore long-term residential care options. The terminology used to describe these residential facilities varies. For example, they may be referred to as group homes, care homes, or residential care facilities.  Sadly, one consideration concerns whether placing an individual in such a facility exposes them to the risk of abuse.

The development of group homes resulted from a societal need to provide care to vulnerable people with complex care needs. Care homes are designed to help such people by providing a communal environment where health and social care providers meet the cognitive and physical needs of the residents on a 24-hour basis. Unfortunately, this is not always the case, as many residents suffer from the harmful effects of neglect or abuse.

Statistics regarding the amount of abuse that goes in these facilities shocks the conscience. An organization based in Los Angeles called The Disability and Abuse project, a group whose focus aims at combating physical, sexual, and emotional abuse of people with developmental or intellectual disabilities collected important data concerning this issue. In conducting a recent nationwide survey, they gathered more than 7,200 responses.

The results of the survey found that 70% of those with developmental disabilities in group homes had been neglected, assaulted, or otherwise physically or sexually abused. More than 50% of these individuals alleged suffering physical abuse, while 41% reported sexual abuse. Similar studies have shown that people with developmental disabilities are more likely to be victims of abuse by someone they know. Unfortunately, they are also more likely to remain in abusive conditions. Although these statistics may appear to be alarming, experts believe they are actually understated, as a considerable amount of the abuse that takes place is never reported. Regrettably, the abuse occurring in these residential facilities often affects victims who are less likely to have access to the justice system, such as being able to consult with an attorney.

If you suspect your loved one has suffered and been the victim of abuse within a group home, call The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259), for a free consultation with one of our experienced attorneys.

Complications from Fetal Macrosomia

Posted on by YostLaw

A baby born weighing more than 8 pounds 13 ounces (or 4,000 grams) weighs significantly more than the average baby, and so meets the definition for macrosomia, or “big baby syndrome”, which carries with it the risk of injury during delivery.   If the baby’s birthweight is even greater – 9 pounds 15 ounces (or 4,500 grams) and above – the chance of injury during birth is even higher. Roughly 10% of all babies born within the United States are born with fetal macrosomia.

Among the greatest risks during delivery of a baby with macrosomia is the possibility the baby will be too large to safely navigate the birth canal and will suffer injury from complications such as shoulder dystocia (baby’s head emerges, but a shoulder remains trapped behind the mother’s pubic bone, preventing completion of delivery of the baby), brachial plexus injury (stretched or torn nerves in the baby’s affected shoulder and arm) and interruption in the baby’s supply of oxygen, which can cause permanent brain damage to the child.  There are also risks of injury to the mother delivering a baby with macrosomia, including excessive bleeding (hemorrhage) and uterine rupture.

A mother is at an increased risk of delivering a baby with fetal macrosomia if she has gestational diabetes (diabetes which begins during pregnancy); if she has previously given birth to a baby that had fetal macrosomia; if she gains more than the average amount of weight during her pregnancy; if her baby is born more than two weeks beyond the due date; or, if the expectant mother is over 35 years old.

Management of macrosomia includes delivery of the baby via C-section to prevent the baby from suffering a shoulder dystocia and related complications (nerve damage, loss of oxygen and/or permanent brain injury) of vaginal birth, or attempted vaginal birth, of a baby with macrosomia.

If your child suffered a birth injury, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). 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.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case.

Increasing Motorcycle Fatalities in Maryland

Posted on by YostLaw

The Governors’ Highway Safety Association’s most recent report indicates that nearly 5,000 people are killed in motorcycle accidents each year.  Even with Maryland’s strict helmet laws, motorcyclists are still dying at a higher rate than other motorists. When a motorcycle rider does survive a crash, their injuries can be life-changing.  Injuries such as fractures, loss of limbs, and traumatic brain injuries are common in motorcycle crashes. Frequently the motorcycle rider is left with large medical bills and lost time from work.

Reliable statistics show that most of the collisions involving motorcycles are the fault of the other driver and not the rider. Car and truck drivers usually pull out in front of the motorcycle or turn in front of them taking the motorcycle rider’s right-of-way. This is true in daylight and at night. The issue becomes one of conspicuity. Although the motorcycle is there plain as day to be seen, the other driver just does not see them. Many drivers are not looking for motorcycles and miss them when they expect to see only a large car or truck.

Riders need to take as many precautions as possible. Bright colored clothing should be worn and reflective yellow traffic vests can improve the visibility of the motorcycle. Always use your headlight. Loud exhaust pipes can help because if the driver hears the motorcycle, then they will look for one. There is safety in numbers. Riders who travel together make it much easier for drivers to see the bikers. These suggestions make it easier to be seen. There are other safety considerations. Always wear a helmet. Head injuries can be fatal, but even just a mild blow to the head can cause a traumatic brain injury. Road rash is painful and can cause disfigurement. It is important to wear protective clothing and gear to prevent scarring.

If you or a loved one becomes a victim of another driver’s inattentiveness, it is important to get legal advice. At the Yost Legal Group we always provide free initial consultations to injured riders. Call us today at 1-800-YOST-LAW (1-800-403-7259) or find us on the web at www.yostlaw.com. There is no fee or expense unless you recover. We have recovered millions for injured riders.

 

 

 

 

 

 

 

 

 

 

 

Contact Form

DO I HAVE A CASE?

Contact us at the Yost Legal Group for a free initial consultation. We can help to provide information about ongoing litigation or discuss the circumstances of your individual case. There is no fee or expense unless you recover.