Tag: product liability attorneys maryland

Study Shows Essure Users Are 10x More Likely to Require Post-Procedure Surgery

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The Essure permanent birth control device was marketed by Bayer AG as a safe, straightforward alternative to dangerous laparoscopic sterilization surgery. A 2015 study conducted by researchers at Cornell University, however, found that women who received an Essure implant were 10 times more likely to require surgery after their procedure than their counterparts who originally underwent a surgical sterilization.

In addition, the study found that the Essure device offers no statistical advantage over laparoscopic sterilization in preventing pregnancy. The device can also migrate or become displaced inside the body, puncturing organs or the amniotic sac. Often, the only way to fix the dangerous effects of the device is through a total hysterectomy. In other words, while manufacturers were touting the Essure device’s effectiveness and simplicity, many women were undergoing dangerous revision surgeries to undo the medical damage done by this device.

The Cornell study led the FDA to revise safety measures for the Essure device. Labels for the device will now carry a “black box warning” designed to inform the public of serious, or even life-threatening, risks associated with a device.

Because of these misleading marketing practices, The Yost Legal Group is investigating claims involving Essure implants. If you or a loved one have suffered injuries because of an Essure implant, call the experienced legal professionals at the Yost Legal Group for a free consultation at 1-800-YOST-LAW (967-8529).

Popular Morning Sickness Drug Zofran Linked to Serious Birth Injuries

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Nausea and vomiting are common in early pregnancy and may actually serve to protect the developing fetus. Most symptoms of so-called “morning sickness” can be managed conservatively without resorting to medication. This is important because between the years of 1980 and 2014, there were no morning sickness drugs on the market that had passed the Food and Drug Administration’s (FDA) approval process. This approval process is where drug companies must show testing that establishes both the safety and efficacy of their medication. Several previous anti-nausea drugs given to pregnant women caused severe birth defects and were taken off the market as a result.

However, when a drug is approved by the FDA for one use, doctors are free to prescribe it “off-label” for other medical conditions. GlaxoSmithKline (“GSK”) took its popular cancer drug Zofran and marketed it “off-label” for use in pregnant women to help alleviate morning sickness. In spite of the fact that drug companies are prohibited from promoting sales of their drugs for uses which were not safety tested and FDA approved, GSK marketed Zofran “off-label” to obstetricians who often prescribed it to pregnant women. Over 110,000 Zofran prescriptions are estimated to have been written to expecting mothers in 2013 alone. Doctors were not told by the drug company about the risks associated with Zofran.

It is clear that GSK put sales ahead of the safety of their customers.

Studies show that using Zofran during the first 10 weeks of pregnancy doubles a woman’s risk for having a baby with a cleft palate or heart defects. Further research on the potential harm Zofran caused to unborn children is ongoing, but both the FDA and the American College of Obstetricians and Gynecologists have cautioned against the use of Zofran during pregnancy.

The United States brought suit against GSK related to its “off-label” promotion, including the off-label promotion of Zofran for use in treating morning sickness. In 2012, GSK agreed to pay more than a billion dollars to settle the government’s claims.  Now, women across the country are bringing suit against GSK on behalf of their babies who were born with cleft palates, limb deformities, and heart defects.

We at the Yost Legal Group are experienced pharmaceutical and birth injury attorneys.  If you or a loved one has been seriously injured as a result of using Zofran during pregnancy, you may be entitled to compensation.  Call 1-800-YOST-LAW (967-8529) for help.

There is no attorney’s fee or expense unless you recover.

The Yost Legal Group – Experienced Attorneys Dedicated to Protecting Your Rights

Experimental Treatments Show Promise and Risk for Cerebral Palsy Patients

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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.

Head Injuries From Athletics is a Serious Matter

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The Fall is here, which means so is football season. Recently, the Baltimore Ravens played the Pittsburgh Steelers. Unfortunately, the Steelers wide receiver Antonio Brown left the game briefly during the first quarter due to a head injury he sustained when tackled by Ravens player Darian Stewart.

While Brown was able to return to the game after passing concussion protocol, it is important to note that he is one of the lucky ones. Sometimes, head injuries are life threatening, and often times, severe symptoms do not progress until a lot of time has passed after the injury occurred.

The experienced traumatic brain injury attorneys at The Yost Legal Group have represented too many people affected by similar injuries at no fault of their own.

The leading cause of traumatic brain injuries are falls; however, they can be caused by a multitude of factors, including car accidents, sports injuries, defective products and medical malpractice.

Traumatic brain injury (TBI) is an acquired injury occurring when a sudden trauma causes damage to the brain. TBI can be the outcome when the head suddenly and violently hits an object, or when an object pierces the scull and enters brain tissue.

Symptoms of TBI can be mild, moderate or severe, depending on the extent of the damage to the brain.

Symptoms of a Traumatic Brain Injury can include but are not limited to the following:

–          Headache
–          Confusion
–          Dizziness
–          Blurred vision
–          Ringing in ears
–          Bad taste in mouth
–          Fatigue
–          Memory loss
–          Nausea
–          Convulsions
–          Slurred speech
–          Loss of coordination
–          Confusion

Little can be done to reverse the initial brain damage caused by a trauma. Medical personnel will try to stabilize TBI victims and focus on preventing further injury. According to the National Institute of Neurological Disorders and Stroke, approximately half of traumatic brain injury victims will need surgery to repair hematomas (ruptured blood vessels) or contusions (bruised brain tissue). Often times this will leave patients and their families ill-equipped to cope with the medical, financial and legal issues stemming from such serious injuries.

The dedicated traumatic brain injury lawyers at The Yost Legal Group work closely with victims to help them get a proper diagnosis and pursue the full amount of compensation for their financial needs. If you or a loved one has suffered a brain injury, The Yost Legal Group can help.

Have you or a family member suffered a traumatic brain injury? TBI victims and their families may be entitled to pursue a claim to recover out-of-pocket medical expenses, loss of earnings, pain and suffering, punitive damages and long-term care.

The Yost Legal Group is experienced in helping individuals and families who are victims of traumatic brain injury and medical malpractice. 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 a traumatic brain injury in an accident, contact the experienced, caring attorneys at The Yost Legal Group. The experienced Baltimore Maryland traumatic brain injury lawyers, will work hard to investigate the facts surrounding your situation, get to the truth and see that justice is served.

We are here solely to help you and your family seek the justice and the compensation you need to help care for the needs of your family member with a traumatic brain injury.

Contact The Yost Legal Group at 1-800-Yost-Law (1-800-967-8529) to speak with an experienced Traumatic Brain Injury 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 traumatic brain injury attorneys at The Yost Legal Group.

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

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