Author: YostLaw

Hernia Mesh Lawsuit – What You Need to Know

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Over 20,000 cases have been filed against top hernia mesh manufacturers and are currently pending. These lawsuits claim that many popular models of hernia mesh patches are not suited for long term use and have been linked to serious complications and mesh failure.

There are five manufactures of hernia mesh involved in the investigation of hernia mesh claims at this time:

  • Atrium
  • Bard
  • Covidien
  • Ethicon
  • Gore (We are not pursuing claims for any types of Gore mesh)

Numerous studies have brought to light significant problems with these manufacturers’ synthetic hernia mesh patches. The meshes in question are composed of polypropylene mesh fibers.

What is Polypropylene?

Polypropylene is a thermoplastic polymer made by a molecule fusing reaction process. It is perfect for plastic piping systems, medical items and housewares, but proven to be ill-suited for long time use inside the human body.

As a result, thousands have suffered from polypropylene mesh failure, causing adverse symptoms ranging from minor pain and nausea to severe symptoms that often require multiple corrective surgeries. Some of the more severe symptoms of mesh failure include:

  • Infection (more than 30 days post-surgery)
  • Bowel blockage
  • Perforation
  • Migration
  • Scar tissue build up
  • Adhesions
  • Nerve damage

What do I need to know before filing a hernia mesh lawsuit?

To know if you qualify for a claim, you will need to know the date and facility where your mesh was first implanted, the type of mesh that was used, and any information on the mesh failure and subsequent surgeries needed. You can obtain all that information by requesting an operative report from the facility you had procedure(s) done at.

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Our experienced product liability staff can help you find out what mesh you have and if it has been determined to be defective or has been recalled. If you or a loved one has suffered from complications after having a hernia surgery that used synthetic hernia mesh, call The Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529) for a free consultation with one of our expert hernia mesh attorneys.

Traumatic Brain Injuries- The Silent Killer After a Crash

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Accidents happen – but did you know that some accidents have life-changing injuries that may not show their symptoms until after the flashing lights and sirens have faded away? Traumatic brain injuries (or TBIs) are injuries that affect the brain and how it functions. TBIs can occur with any trauma to the head. The most common causes of TBI are:

  • Sudden jolt, contrasting movement or whipping of the head (e.g., car crashes)
  • Blunt force trauma (e.g., firearm related injuries, slip and fall accidents, assaults)

While a TBI can happen to anyone, children and elderly adults are the most vulnerable to being misdiagnosed due to the symptoms overlapping with other potential conditions. Therefore, it is important for you and your loved ones to know more about the different types of TBI and how they may present:

  1. Mild TBI or concussion: Brief amnesia, headache, disorientation, and loss of consciousness.
  2. Moderate TBI: Extended periods of amnesia, brain bleeds, headache, disorientation, loss of consciousness, or other symptoms.
  3. Severe TBI: Extended loss of consciousness and memory loss, often causing an individual to remain comatose for a week or more.

TBI symptoms have the potential to impact every aspect of daily life and can even be fatal. According to the Centers for Disease Control and Prevention 176 Americans died in 2020 from TBI-related injuries per day.

If you or a loved one was recently involved in an accident and have been experiencing any of these symptoms:

  • Cognitive Impairment (feeling foggy or dazed or having difficulties with concentration and memory)
  • Drowsiness, fatigue, mood swings, irritability, depression, anxiety, sleeping more than usual
  • Headaches, nausea, vomiting, dizziness, blurred vision, seeing stars, sensitivity to light, ringing in ears, balance issues

Please, don’t hesitate! Contact the traumatic brain injury attorneys at The Yost Legal Group by calling 1-800-YOST-LAW for your free consultation – we will help evaluate your potential legal claim and get you the compensation that you and your loved ones deserve.

Jury Awards Baltimore City Resident $1.5 Million

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One of The Yost Legal Group’s own, Attorney Bruce Powell, received a 1.5-million-dollar verdict for a Baltimore local who suffered from a traumatic brain injury at his job in September of 2018. The man was, at the time, an employee at the Thames Street Oyster House in Fells Point. He had been on break, sitting outside when the stairs he was on suddenly detached from the building and collapsed causing him to fall 12 feet to the ground. The steps landed on top of him knocking him unconscious. He was immediately rushed to Johns Hopkins via ambulance where he spent 3 days in the hospital for his injuries. He suffered from a subarachnoid hemorrhage (brain bleed), fractured his spine, broke his ribs, and sustained a shoulder injury.

The defendants, Tom Brown Contracting LLC had installed the 3-story exterior staircase as part of the remodel of Thames Street Oyster House in 2011. Upon further investigation it was determined that the steps were not built-in accordance with the architect’s plan. The construction of the steps was also in violation of the building code.

While this is a great verdict, the injuries the client sustained will impact him for the rest of his life. His injuries could have been avoided had Tom Brown Contracting LLC constructed the exterior steps properly. Instead, he will spend the rest of his life suffering from permanent brain damage, and permanent damage to his neck, back, and right shoulder.

If you or a loved one has suffered from a catastrophic injury through no fault of your own, call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a free consultation. You may be entitled to compensation. There is no fee, or expense unless we recover. Our experienced personal injury trial attorneys will fight for the justice that you deserve!

Exactech Lawsuits Likely to Become Multi-District Litigation

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On June 14th, 2022, a motion was filed to consolidate and create a Multi-District Litigation (MDL) for the Exactech cases. A hearing took place at the Thomas F. Eagleton US Courthouse in St. Louis, MO on September 29th, 2022. The hearing was to determine where the Multi-District Litigation for the faulty Exactech hip, knee, and ankle implants will be held. Additionally, it was to appoint the judge that will be overseeing the Multi-District Litigation. Both the defendants and plaintiffs have agreed that an MDL should be created for these cases due to the high volume of individuals impacted by the faulty liners.

Multi-District Litigations, take place in the U.S. District Courts. A Multi-District Litigation differs from a Class Action Lawsuit by the way in which the cases are viewed. Also, a Multi-District Litigation is filed by a person that has been harmed by the defective product or device, and the compensation can be different for each person involved.

Exactech is agreeing to proceed forward with the MDL, with the request that these cases to be tried at the U.S District Court for the Southern District of New York, or Eastern District of Louisiana. Under U.S. District Judge Paul Engelmayer in Manhattan or U.S. District Judge Sarah Vance in New Orleans, as both judges have prior experience overseeing this type of MDL.

The plaintiffs have requested the MDL be assigned to U.S. Judge Kiyo Matsumoto in the Eastern District of New York, stating that Exactech developed the Optetrak device at a hospital in Brooklyn, so New York area residents were more likely than any others to receive the faulty implant.

At this time, there has not been an update as a result of that hearing.

If you or a loved one has an Exactech implant, call to speak with one of our experienced Exactech lawyers. Our firm is working diligently to file Exactech lawsuits for those who have suffered from a faulty Exactech product. Call 1-800-YOST- LAW (967-8529) or email us at info@yostlaw.com today for a free consultation. There is no fee or expense unless we recover.

Allergan Implants More Likely Than Others to Cause Cancer

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In 2011, the Food and Drug Administration (FDA) identified a link between some textured breast implants and a form of Lymphoma known as Breast Implant-Associated Anaplastic Large Cell Lymphoma, or more commonly called BIA-ALCL.

Despite evidence to suggest there was a link between textured implants and BIA-ALCL, it wasn’t until July of 2019 that the FDA called for Allergan, a top producer of these implants, to place a voluntary recall on their textured implants. This came amid growing reports of women developing this rare form of cancer after receiving textured implants. Allergan complied and issued worldwide recall of their BIOCELL and NATRELLE textured implants and tissue expanders. Allergan’s implants and expanders has been confirmed to pose a greater risk for BIA-ALCL than other manufacturers similar textured implant models. The smooth surfaced implants and expanders manufactured by Allergan are not included in this recall and are still considered generally safe for use at this time.

If an individual is confirmed to have received these implants, they should know the signs and symptoms of BIA-ALCL. Cleveland Clinic reports that on average, symptoms begin to appear 8 years after implant but can present as early as one year after surgery. The most common symptoms to look for are sudden enlargement of one or both breasts, painful lumps in your breasts or armpits, hardening of one or both breasts, and skin rashes that could appear around the breast region.

Individuals with textured implants are encouraged to reach out to their medical provider and schedule an appointment to discuss the recall and their increased risk for cancer. Should symptoms be present, a physical exam by the provider and further testing such as a Magnetic Resonance Imaging (MRI) or Ultrasound may be ordered to search for a mass or fluid. If either are present, a biopsy may be necessary to test the surrounding fluid and tissue of the implants for signs of cancer

Many individuals with textured implants have opted to remove their implants out of the fear of developing cancer.

If you are your loved one have been diagnosed with BIA-ALCL or have had your recalled implants removed or replaced due to fear of developing BIA-ALCL, please contact one of our experienced attorneys here at The Yost Legal Group for a free consultation. We can be reached at 1-800-YOST-LAW (967-8529) or by emailing us at info@yostlaw.com. There is no fee unless we recover.

Justice for the Unborn Children of Camp Lejeune

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Welcoming a baby into the family should be a joyous occasion – not one of mourning.  However, for countless families that lived or worked in Camp Lejeune from August 1, 1953, to December 31, 1987 their happy occasions turned tragic due to their unknowing exposure to the contaminated water at Camp Lejeuene. The toxic levels of chemicals in the water caused a high risk of birth defects, miscarriages, and childhood illness. Infant deaths in Camp Lejeune became so frequent that a cemetery on base was nicknamed “Baby Heaven” due to rows upon rows of tombstones of babies that tragically did not make it out of the birthing room alive.

There are 4 main chemicals found in the water at Camp Lejeune that have been linked to catastrophic health conditions, including miscarriages and serious birth defects:

  • Trichloroethylene (TCE)
  • Tetrachloroethylene (PCE/PERC)
  • Benzene
  • Vinyl Chloride

The Environmental Protection Agency (EPA) and the Agency for Toxic Substances and Disease Registry (ATSDR) have both identified these chemicals as being dangerous contaminants, among the many other harmful chemicals that were found in the water at Camp Lejeune. The ATSDR found that these chemicals may contribute to the heightened risk of neural tube defects, such as spina bifida and anencephaly, in the infants born in Camp Lejeune.

If you lived or worked in Camp Lejeune from August 1, 1953 to December 31, 1987 for at least 30 days and you or your child suffered stillbirth, birth defects, spina bifida, anencephaly, childhood leukemia, or miscarriage please give the litigation experts at The Yost Legal Group a call at 1-800-YOST LAW or email us at info@yostlaw.com for a free consultation. We will investigate the circumstances of your individual case, answer any questions, and fight to obtain justice for you and your loved ones.

 

 

A Tour of Camp Lejeune

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What is Camp Lejeune and Where Is It Located?

Camp Lejeune is a well-known Marine Corp base in Jacksonville, NC. Established in 1941, it is one of the largest Marine Corp bases in the United States. The base is roughly 156,000 acres and spans 11 miles. Camp Lejeune is sandwiched between Wilmington and Morehead City, two ports used for deploying soldiers.

Camp Lejeune is larger than just one place, there are several locations with the base. The following areas are located on the Camp Lejeune Base:

  • Camp Lejeune Greater Sandy Run
  • Stone Bay Rifle Range
  • Onslow Beach
  • Camp Lejeune Military Reservation
  • Holcomb Blvd
  • Tawara Terrace
  • Camp Johnson/ Montford Point
  • Camp Geiger
  • Marine Corps Air Station New River
  • Paradise Point
  • Hadnot Point

 

Map of Camp Lejeune

Unfortunately, during the time period from August 1, 1953, to December 31, 1987, Camp Lejeune had an unsafe water supply that resulted in up to a million people being exposed to contaminated water. Marines and their families as well as civilians working on the base were exposed to the tainted water through bathing and drinking. As a result of the exposure to the tainted water, many health problems developed in individuals including, infertility, cancer, miscarriages, ALS, and Parkinson’s Disease. It is estimated that nearly a million people were exposed to the contaminated water supply at Camp Lejeune.

If you believe you may qualify for the Camp Lejeune lawsuit time is act is now! If you or a loved one lived at Camp Lejeune and has suffered from complications due to the contaminated drinking water. Call The Yost Legal Group today at 1-800-YOST-LAW (1-800-967-8529) to speak with one of our experienced attorneys about your potential Camp Lejeune claim or email us at info@yostlaw.com. There is no fee unless we recover on your behalf.

VA Mishandled Prior Camp Lejeune Claims

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Attention has been drawn to the Camp Lejeune Act that now allows those who suffered illness after ingesting contaminated water between the years of 1953 – 1987 a chance for compensation.

Previously, more than 57,000 claims had been made to the Department of Veteran Affairs pertaining to illness linked to the contaminated drinking water at Camp Lejeune, North Carolina. The toxic water exposure spanned more than 30 years at the base, exposing more than 1 million people, according to the VA Office of Inspector General.

Since 2017, the VA has denied nearly 40% of the claims from individuals who visited, worked at, or were stationed at Camp Lejeune. These claims were denied due to lack of asking the proper questions, therefore cheating roughly 20,000 veterans from financial compensation they deserved. This amount totaled over 14 million dollars.

Now, those whose claims were previously denied have another chance for justice.  On August 10th President Joe Biden signed the Camp Lejeune Justice Act of 2022 into law. This act allows military veterans and their families who may have been exposed to tainted water at Camp Lejeune between the years of 1953-1987 to file a lawsuit against the federal government. The act also restricts the government from asserting any claim to immunity.

The VA is preparing for a massive influx of cases by providing additional training for VA officials to handle the Camp Lejeune claims according to the Veteran Benefits Administration. Veterans can now refile for previously denied benefits, along with those who were exposed but had not filed a claim in the past.

Injuries related to exposure include various cancers, birth defects, infertility, miscarriage, neurological issues, renal failure, and more.

If you or a loved one was exposed to the drinking water at Camp Lejeune between the years 1953 – 1987 and have sustained serious adverse health conditions, please contact one of our highly reputable attorneys for a free case evaluation at 1 (800) YOST-LAW.

President Biden Passes the Camp Lejeune Justice Act

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On August 8th, 2022, President Biden passed the Camp Lejeune Justice Act which allows anyone who was affiliated with Camp Lejeune for 30 days or longer from August 1, 1953, through December 31, 1987, AND became sick from the tainted water to make a claim. As a result, those affected by tainted water at Camp Lejeune now have 2 years from August 8th, 2022, to file a claim.

The 2022 Camp Lejeune Justice Act was made to grant veterans and their families the opportunity to file a case against the Government, because of the contaminated water supply. It also overrules North Carolina’s Statue of Repose Act, which states that a claim must be filed within 6 years of taking place, otherwise is it forever barred. The cases will be tried at the U.S. District Court, Eastern District of North Carolina.

The water at Camp Lejeune was found to be tainted with harmful chemicals from 1953 to 1987 including: benzene, perchloroethylene (PCE), trichloroethylene (TCE), and vinyl chloride. While individuals have tried to file suit previously for wrongful death or injury claims, the cases were all dismissed due to statute of limitation issues. This bill will allow the chance for justice and fair compensation for the many individuals that lived on base during that time and developed serious complications such as:

  • Lung Cancer
  • Kidney Cancer
  • Leukemia
  • Breast Cancer
  • Bladder Cancer
  • Multiple Myeloma
  • Parkinson’s Disease
  • ALS

Additionally, some pregnant women living at Camp Lejeune from August 1, 1953, to December 31, 1987 suffered from miscarriages, still births, or gave birth to babies that were underweight, or had a birth defect of the brain, heart, spine, or a cleft palate.

The time to act is now! If you or a loved one lived at Camp Lejeune and suffered from complications due to the contaminated drinking water, call The Yost Legal Group today at 1-800-YOST-LAW (1-800-967-8529) to speak with one of our experienced attorneys or email us at info@yostlaw.com. There is no fee unless we recover.

Exactech Faulty Liners Leaving 200,000+ Patients At Risk Of Implant Failure

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In 2021 Exactech’s Connexion GXL Hip liner and Optetrak/Optetrak Logic Knee implants were recalled leaving more than 200,000 people with faulty devices in their bodies. As of 2019, the FDA reported that there were about 90,000 people in the United States with an Exactech hip implant, and around 147,700 with an Exactech knee implant.

The Exactech hip liners and knee implants were recalled in 2021 due to an extremely high failure rate. The recall was expanded to include all Exactech knee and ankle units in February of 2022, and in August of 2022 an additional 40,000 hip devices were added to the recall as well. The high rate of failure of these products has been attributed to poor packaging as well as manufacturing defects, namely replacing the industry standard polyethylene with a cheaper option to cut costs.

For those with the Exactech implants they may experience the following complications:

  • difficulty walking
  • loosening of the implant
  • joint stiffness
  • swelling and inflammation
  • bone degeneration (osteolysis)
  • pain

If you have an Exactech product and have developed symptoms, you should make an appointment with your orthopedic doctor. They will be able to check your implant via X-Ray to ensure there is no problem with the alignment of your device, or signs of device failure. The main indicator of a faulty Exactech liners is bone degeneration (osteolysis). If the x-rays show evidence of bone degeneration at the site of the implant, the doctor will typically recommend revision surgery to replace the faulty device.

If you or a loved one has an Exactech implant, call to speak with one of our experienced Exactech lawyers. Our firm is working diligently to file Exactech lawsuits for those who have suffered from a faulty Exactech product. Call 1-800-YOST-LAW 1-800-967-8529 or email us at info@yostlaw.com today for a free consultation. There is no fee or expense unless we recover.

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