The Yost Legal Group Archives -

PA May Change Child Sexual Abuse Law

Posted on September 1, 2024 by Loni Liss

More Than 20 States Have Recently Reformed Their Statute of Limitation for Child Sexual Abuse

Pennsylvania law allows survivors of childhood sexual abuse to file civil lawsuits against their abusers up to the age of 55.

Their law is similar to the law that existed in Maryland for years until Governor Wes Moore signed Maryland’s Child Victims Act of 2023 in April of that same year.

Maryland’s new law removed the statute of limitations (SOL) for all childhood sexual abuse survivors. Pennsylvania Governor Josh Shapiro is looking to sign a similar bill into law for his state despite pushback and stalling in the Pennsylvania Senate.

What defines child sexual abuse?

Child sexual abuse is a serious issue that must be clearly understood and addressed. It’s important to tell the difference between cases with minors and those with adults. Cases with an adult and a child under the age of 15 are child sexual abuse.

PA Laws on Child Sexual Abuse

The statute of limitations on sexual abuse in PA is no one can legally have sex with anyone under the age of 15. Any sexual act, including sexual abuse in school, sexual abuse by teachers, or a sexual act by a school employee, is 100% illegal.

Statutory rape, which is being molested as a minor, can sadly affect the survivor’s mental health for years to come.

A legal option is to file a criminal and/or civil claim to recover financial compensation.

Clear Definition: Child sexual abuse occurs when an adult engages in sexual activities with a minor.
Age of Consent: A minor is defined as anyone below the legal age of consent in their state. They cannot legally consent to sexual activities with an adult.
Adult Responsibility: The responsibility to prevent these interactions lies entirely with the adult.

Recognizing these fundamentals helps in identifying and preventing child sexual abuse, ensuring the protection of children, and upholding their rights.

In Pennsylvania, the age of consent is 16 years old. However, teens above the age of consent but below the age of 18 still cannot consent to sexual relations with an adult when there is an imbalance of power.

Statutory Sexual Assault occurs when there is a significant age difference between partners and one is below the age of consent. It’s considered a felony if:

One partner is 13, and the other is 17 or older
One partner is 14, and the other is 18 or older
One partner is 15, and the other is 19 or older

What is Institutional Sexual Assault in PA?

In Pennsylvania, certain relationships have power imbalances that make consent impossible, no matter the age of those involved. It’s a felony called institutional sexual assault when someone in a position of authority, like a teacher or coach, engages in sexual activity with someone at a school, jail, group home, or any other licensed facility for youth.

For example, a 17-year-old cannot consent to sexual relations with their doctor, employer, or teacher. Coaches, jailers, and religious advisors also fall under this “power imbalance” designation.

Pennsylvania refers to those kinds of situations as “institutional sexual assault.”

What Are Different Types of Child Sexual Abuse?

“Sexual abuse” is an umbrella term, but there are two main types that a specific act of sexual abuse could be categorized as physical and non-physical.

Physical forms of child sexual abuse include touching a minor’s genitals, having a child touch someone else’s genitals, penetration of an orifice, or even just kissing.

The physical forms of sexual abuse are straightforward because they are readily apparent. They can be observed and communicated.

Non-physical forms of child sexual abuse include showing pornographic material to a minor, exposing someone’s genitals to a minor, forcing a minor to expose their genitals, or taking explicit photos of a minor.

The non-physical forms of child sexual abuse can be more difficult to explain when survivors are ready to report their experience. Another term for some of this non-physical child sexual abuse is “grooming.”

Predators can groom a child by exposing them to sexual content, material, and situations without actively touching them. It is emotional and mental abuse and manipulation that is meant to familiarize the child with explicit content in hopes of taking advantage of them later on.

But let there be no mistake about it: Grooming a minor is a form of non-physical child sexual abuse. It is illegal.

If you or a loved one was sexually abused as a minor in the state of Pennsylvania, you have until the age of 55 to file a civil lawsuit against your abuser. However, there is hope that the state’s lawmakers can pass their version of a “Child Victim’s Act” to remove the statute of limitations for childhood survivors of sexual assault.

Call or text The Yost Legal Group today if you have any questions or concerns: 410-659-6800.

Facts About Childhood Sexual Abuse

Child sexual abuse is a severe and pervasive problem worldwide. In the U.S., according to the Rape, Abuse, and Incest National Network (RAINN), child protective agencies receive a verified report or evidence of such abuse every nine minutes.

Annually, more than 65,000 children fall victim to sexual abuse. This number represents individual children, not just reports or incidents. It’s a truly staggering figure.

Even more distressing is that many of these children experience multiple instances of abuse over a year.

Approximately 25% of adult women report being survivors of child sexual abuse. While the figure for men is lower at about 7.5%, this still equates to one in thirteen men, highlighting a significant and troubling issue.

Impact of Childhood Sexual Abuse on Survivors

Experiencing childhood sexual abuse is classified as an adverse childhood experience (ACE). Such traumatic events can have enduring effects on both the mental and physical health of survivors.

Research published in 2021 by Frontiers in Neuroscience highlights that survivors are at a higher risk of engaging in behaviors like drug use and self-harm. The study also notes that survivors face an increased likelihood of contracting sexually transmitted infections during their lifetime.

Furthermore, information from HIV.org emphasizes the importance of immediate intervention within the first 72 hours following a sexual assault to prevent HIV.

Girls who survive childhood sexual abuse also face the added risk of unwanted pregnancies, posing further complications to their well-being.

Common adverse side effects to surviving childhood sexual abuse:

Post-traumatic stress disorder (PTSD)
Depression
Suicidal ideation
Eating disorders
Substance abuse

If you or a loved one is a survivor of childhood sexual abuse in the state of Pennsylvania, you have until the age of 55 to seek legal justice against your abuser and the institution that harbored them. Contact the compassionate lawyers at The Yost Legal Group today for a free consultation.

Will a “Child Victim’s Act” pass in Pennsylvania?

As mentioned, in Pennsylvania, survivors of childhood sexual abuse have until the age of 55 to file a civil suit against their abuser. That is the statute of limitation. Once a survivor turns 56, their statute has expired. There is no legal action a survivor can take from there.

Some people think giving survivors time up to the age of 55 is more than enough. However, the data does not back up that opinion because of a phenomenon called “delayed disclosure.”

In a 2020 paper titled “Delayed Disclosure,” Child USA, a national think tank for child protection, found that “the average age at the time of reporting child sex abuse is about 52 years.”

Fifty-two years might be lower than Pennsylvania’s statute, but fifty-two years was the average. With the average at fifty-two years, there are thousands of people every year who report for the first time who are older than 52 and even older than 55.

They should not lose their right to seek justice on the technicality of a few years. They are the survivors of a heinous crime and deserve their chance at justice when they feel they are prepared for it.

Child USA’s findings remained consistent in their 2024 “Delayed Disclosure” factsheet.

51% of survivors first disclosed their abuse between the ages of 50 and 69, much higher than the second-place age group of ages 30 to 49, which accounted for 17% of disclosures.

Pennsylvania’s Fight for Justice: Extending Abuse Survivor Protections

It is incumbent upon the politicians of Pennsylvania to pass whatever law is necessary to give survivors the appropriate time to come forward. A statute of limitations cutoff at 55 simply is not sufficient given everything we know about the psychology and trauma of surviving childhood sexual abuse.

Some members of Pennsylvania’s legislature are pushing for change. However, others are steadfast in their stance on not changing the statute.

Governor Shapiro had some choice words for those who wish to hinder progress:

“I think it’s shameful, and I’ve said this many times, that the Senate of Pennsylvania has failed to act, has been unwilling to look these survivors in the eye and pass a statute of limitations window to allow those who’ve been abused to confront their abusers in a court of law.”

The Yost Legal Group’s child sexual abuse lawyers are closely monitoring Pennsylvania’s statute of limitations window. If a new law is created, childhood sexual assault survivors will be able to seek justice at any time. Our sexual abuse attorneys will take cases to help them fight against their abusers.

Were you sexually abused as a minor in Pennsylvania? the compassionate sexual abuse survivor lawyers at The Yost Legal Group are here to help, listen, and provide guidance. Call or text today at 410-659-6800.

Exactech Issues Equinoxe Shoulder Replacement Recall

Posted on August 14, 2024August 14, 2024 by Loni Liss

The Yost Legal Group’s Experienced Exactech Equinoxe Shoulder System Lawyers Are Taking Cases

Another device, another recall: “Exactech has initiated a recall to remove Equinoxe Shoulder System devices packaged in the defective bags from facilities’ unused inventory,” reads a banner update on the United States Food and Drug Administration (FDA) webpage for Exactech’s Equinoxe Shoulder System. We here at The Yost Legal Group are not surprised.

For years, our experienced Exactech attorneys have pursued Exactech lawsuits. The company has a checkered history. Over the last few years, dozens of defective medical devices, such as ankle, hip, and knee implants, have been recalled.

Many of the recalls stem from the same problem: faulty packaging, which leads to unintended oxidization of the parts.

Now, Exactech is recalling its Equinoxe Shoulder System devices. Exactech recall lawsuits are underway for this defective shoulder implant. If you have had shoulder replacement surgery, you may qualify to file a lawsuit.

Call The Yost Legal Group Today for a free consultation about your defective Exactech Equinoxe Shoulder System device. You may have a case if your Equinoxe Shoulder System implant has been recalled.

Exactech Equinoxe Shoulder Replacement Recall Alert

We at The Yost Legal Group wanted to draw attention to this latest Exactech recall because it follows an all-too-familiar pattern of negligence at the company, resulting in defective medical devices.

In fact, Exactech’s website provides a useful database of all its defective and recalled products. That is how common Exactech recalls are. With the latest recall, Exactech now has a defective device from the shoulders all the way down to the ankles.

Did you have a reverse shoulder replacement surgery or a total shoulder replacement surgery? Read about the Exactech shoulder recall in this blog, which will explain the potential risk of needing additional surgery.

Click Here for a List of Recalled Exactech Devices

Seek Legal Advice to Protect Yourself from Exactech’s Defective Devices

Exactech’s negligence affects hundreds of thousands of people who depend upon these devices to maintain or improve their quality of life. Thousands of patients have shoulder joint replacements each year to help them feel better.

Given the dozens of recalls that all stem from the same root cause (defective packaging), Exactech is not taking this very serious issue as seriously as it should. People should feel safe and secure with their implants.

When a shoulder replacement failure occurs, an experienced product liability lawyer and defective medical device lawyer can provide guidance. Medical device company’s failure rates are increasing the risk of requiring additional surgeries for patients.

If you or a loved one has received an Exactech ankle, hip, knee, or shoulder implant that turned out to be defective, you may have a viable legal claim against the company.

Call the experienced Exactech recall lawyers at The Yost Legal Group today for a free consultation and the opportunity to pursue legal justice. We can be reached by phone or text at 410-659-6800.

Exactech Recall Timeline Reveals Negligence Pattern

The pattern of negligence as it pertains to Exactech’s recalled defective medical devices is even more stark when you see some of them laid out in a timeline.

Exactech Recalls for Defective Devices:

April 2024: Equinoxe Shoulder System devices in defective bags – Yet again, Exactech packaged its devices in bags that did not meet specifications, this time because of a missing oxygen-barrier layer.
April 2024: Optetrak Patella components in defective bags – Exactech sold the Optetrak Patella components in vacuum-sealed bags that did not meet proper specifications for medical devices.
June 2023: Shoulder GPS Impactor – “The ball and spring housed within the locking mechanism of the handle can dislodge during disassembly or during impaction.”
August 2022: Hip implants with polyethylene packaged in defective bags – Exactech packed these hip components in “non-conforming bags,” which led to accelerated wear.
February 2022: Truliant knee implants—Like Logic and Optetrak, Exactech recalled the Truliant knee implants because their defective packaging could cause product failure.
February 2022: Optetrak knee implants—By the time Exactech recalled the devices for defective packaging, over 300,000 Optetrak knee implants had been sold globally.
February 2022: Logic knee implants – After selling more than 120,000 units worldwide, Exactech issued a recall because the defective packaging could lead to excessive wear and failure.
June 2021: Connexion GXL hip liner – After 89,050 Connexion GXL hip liners were in the marketplace, Exactech determined there was a risk of edge-loading and premature wear.

This is not nearly an exhaustive list of all of Exactech’s defective implant recalls over the last five years.

How Exactech’s Device Negligence Evolved Over Time

Exactech has several dozens of components and devices in its recalled-products database. Exactech has sold defective products or products that would become defective because of faulty packaging for decades.

Some of these products were sold to hundreds of thousands of people who were just hoping to regain or retain their mobility or the ability to lift their arms over their heads without pain.

If you or a loved one was the recipient of Exactech’s recalled Equinoxe Shoulder System device, The Yost Legal Group’s experienced Exactech attorneys are here to help.

Exactech and the FDA have issued recalls and notices for Exactech’s defective shoulder implant. For a free consultation, call or text us today at 410-659-6800.

How Delayed Exactech Shoulder Replacement Recalls Harm Patients

That is why the experienced Exactech lawyers at The Yost Legal Group are participating in the MDL against Exactech for selling defective ankle, hip, knee, and shoulder implants.

Now, here we are in another year with newer devices and another recall because of defective packaging. Exactech is failing its customers yet again.

These implants are expected to live inside people for years, maybe even decades. People are supposed to trust a company that does not provide its own packaging, right?

What are the signs that your Exactech Shoulder Implant may be failing?

Tens of thousands of people are already in pain because of Exactech’s defective ankle, hip, and knee implants. We can now add the Equinoxe Shoulder System devices to the Exactech lawsuit and recall.

With hundreds of thousands of Exactech devices sold globally over the decades, these devices are like ticking time bombs in people’s bodies.

Exactech seems to have a culture of negligence, which is putting people’s health and well-being at risk.

Symptoms of a defective Exactech ankle, hip, knee, or shoulder implant:

Accelerated component/device fatigue
Bone fractures
Component/device fracturing
Debris production
Instability at the implant site (after the standard recovery window)

This list of symptoms is not complete or comprehensive. However, it gives an idea of some of the major issues related to defective Exactech implants.

Exactech Lawsuit Assistance—Free Consultations Available

If you think something is wrong with your implant, please make sure to seek medical advice from a medical professional. Adverse side effects from a defective medical implant can be severe and life-threatening.

After consulting with a doctor regarding your health, decide if you would like to pursue a claim against Exactech. We can help you file an Exactech lawsuit for your defective Exactech shoulder implant. Our Exactech attorneys can help you figure out if you have a case.

If you or a loved one was the recipient of a recalled Exactech Equinoxe Shoulder System device, you may have a case in the defective Exactech shoulder replacement lawsuit.

The experienced Exactech shoulder implant lawyers at The Yost Legal Group offer free consultations for potential clients.

Contact our experienced product liability attorneys about seeking compensation with a free case evaluation.

There are no legal fees unless we win your case. Call or text us today at 410-659-6800 to learn more.

Reverse Total Shoulder Prosthesis – Reverse Total Shoulder Joint Replacement – Exactech Lawsuit Attorney

Shoulder Replacement Lawyer – Shoulder Replacement Settlement – Medical Device Attorneys

Safe Driving Tips from Truck Accident Lawyers

Posted on August 8, 2024 by Loni Liss

Have you ever seen a semi-truck stopped in the roadway or pulled off to the shoulder and thought, “That doesn’t look safe”? Well, that’s because it isn’t. Semi-trucks stopped on the roadway are like an accident waiting to happen. As truck accident lawyers, we’ve seen it all.

According to the Department of Transportation, 6% of fatal crashes involving large trucks occurred when a truck was stopped in the roadway.

Between 2013 and 2022, in the United States, there were 48,308 reported fatalities in crashes involving large trucks.

In other words, in approximately a decade, close to 2,898 people were killed in collisions where large trucks were stopped in the roadway.

Promoting Safety in Commercial Motor Carriers

There are many ways commercial motor carriers can minimize scenarios when large trucks break down or are carelessly stopped on the roadway.

It is their responsibility to properly train all drivers of big rigs.
It is critical to maintain their vehicles and equipment in top working condition.
They should be engaging in thoughtful and safe route planning.

Promoting safety in commercial motor carriers is a collective effort that requires proper training, vehicle maintenance, route planning, and technology implementation.

By prioritizing safety at every level of operation, commercial motor carriers can reduce the risks associated with large trucks on the roads. They have a responsibility to protect both their drivers and other road users.

Remember – safe driving practices benefit everyone on the road!

Importance of Truck Driver Training

Driver training is vital to ensuring safety in commercial motor carriers. It involves providing drivers with the necessary skills and knowledge to operate large trucks safely on the road.

This includes understanding traffic laws, defensive driving techniques, vehicle maintenance procedures, and emergency response protocols.

Proper driver training can help prevent accidents caused by human error, such as fatigue, distracted driving, or reckless behavior.

It also promotes compliance with federal regulations and industry standards, reducing the risk of penalties and legal consequences for companies.

How Truck Companies Can Minimize Truck Breakdowns on the Road

Commercial motor carriers can minimize truck breakdowns by conducting regular maintenance checks on all vehicles and equipment. This includes checking the tires, brakes, lights, engine components, and other crucial parts of the truck.

By identifying potential issues early on, carriers can address them before they become major problems that could lead to breakdowns on the road.

They must also invest in quality equipment and parts. While using cheap or substandard parts may save money in the short term, they can lead to costly breakdowns and repairs down the line.

By investing in quality equipment and parts from reputable suppliers, carriers can ensure that their vehicles are less likely to experience unexpected failures.

Regularly monitoring vehicle performance data can also help commercial motor carriers identify potential issues before they escalate into breakdowns.

By tracking metrics such as fuel efficiency, engine performance, and maintenance history, carriers can proactively address any anomalies or trends that could indicate impending issues with their vehicles.

Driver Assistance Tools Can Help Prevent Accidents

Implementing technologies such as GPS tracking systems or driver assistance tools can also enhance safety in commercial motor carriers.

These technologies can provide real-time information on vehicle locations, speed, and driving behavior, allowing companies to monitor their drivers’ performance and address any concerns proactively.

Additionally, driver assistance tools like lane departure warnings or collision avoidance systems can help prevent accidents by alerting drivers to potential hazards on the road.

Truck Safety Means Proper Use of Hazard Signals

Sometimes emergencies happen, and a driver may have no choice but to pull their semi-truck off to the shoulder or stop in the roadway.

In those scenarios, the Federal Motor Carrier Safety Regulations provide guidance to commercial drivers on exactly what to do to reduce the chances of a collision.

Specifically, under 49 CFR 392.22, whenever a commercial motor vehicle is stopped on the roadway for any purpose other than a necessary traffic stop, the driver SHALL immediately activate their vehicular hazard warning signal flashers. They must also continue the flashing until the driver can place down the appropriate roadway warning devices.

Those warning devices, which consist of three reflective orange triangles, are to be placed behind the vehicle at distances of 10, 100, and 100 feet (for a total distance of 210 feet). This will provide drivers with adequate warning of the hazard created by the stopped truck (See figure below).

Why Hazard Signals Matter for Semi-Trucks

As we navigate the highways and roads of our daily commute, we often encounter tractor trailers sharing the road with us. These massive vehicles play a crucial role in transporting goods across the country.

But, when they fail to activate their hazard warning signals or set up proper warning devices when stopped, they pose a significant danger to all motorists.

The size and weight of semi-trucks make them inherently more dangerous than smaller vehicles on the road. When a big truck stops on the highway or shoulder without activating its hazard warning flashers or setting up warning devices such as reflective triangles, it becomes a hazard to other drivers.

With these visual cues, approaching motorists may realize that the truck is stationary when it’s too late, leading to potential collisions, serious injuries, and fatalities.

When motorists are unable to clearly identify a stopped vehicle as a potential hazard, they may not take appropriate precautions, such as changing lanes or reducing speed.

This lack of awareness can result in dangerous situations where accidents are more likely to occur.

How to Avoid Tractor Trailer Accident Collisions

If you see a stopped semi-truck on the roadway or shoulder that has failed to activate its hazard warning signal flashers, be careful. If a big rig is on the side of the road without the appropriate warning devices, it is putting your life in danger.

By recognizing the risks and dangers posed by unsafe truck drivers, we can work together to hold them accountable and make the roads safer for ourselves and our loved ones.

All drivers must be vigilant and aware of their surroundings while on the road. If you see a stopped semi-truck without its hazard warning flashers activated or proper warning devices in place, it’s crucial to proceed with caution.

Slow down, change lanes if possible, and give the truck plenty of space to prevent potential accidents. Taking proactive measures like these can help mitigate the risks posed by unmarked semi-trucks on the road.

Hire Experienced Truck Crash Lawyers

Car accidents can be traumatic experiences, but when it involves a large commercial vehicle, the stakes are even higher. If you are seriously injured in a car accident with a tractor trailer, seek legal guidance from an experienced Baltimore personal injury lawyer.

Our truck accident attorneys are here to help you navigate the complexities of tractor trailer accident claims. The Yost Legal Group will fight for the justice you deserve.

Truck accident claims are not like regular car accident claims. Commercial vehicles have rules that apply to them. If there is an accident, the truck driver, trucking company, or truck manufacturer could be responsible.

An experienced tractor trailer accident attorney will know how to investigate the accident thoroughly, review all the evidence, and determine who should be held accountable for your injuries.

Our experienced truck collision attorneys have a proven track record of successfully handling complex tractor-trailer accident claims.

We will work tirelessly to seek justice for you and ensure that you receive fair compensation for your injuries. Call experienced 18 wheeler accident attorneys at 800-967-8529 for a free case evaluation.

Recovering the Right Compensation for your Catastrophic Injury

At The Yost Legal Group, we understand the severe impact a truck accident can have on your life. Despite strict regulations, many people are seriously injured or killed due to driver mistakes, vehicle defects, and company negligence.

Since 1985, our commercial truck accident lawyers have been dedicated to securing fair compensation for those injured in truck accidents. Filing a lawsuit can help you recover compensation for your physical, emotional, and financial hardships.

Let our car accident law firm file a personal injury case on your behalf. We will stand by you every step of the way.

200,000+ Traumatic Brain Injury Related Hospitalizations Annually

Posted on July 16, 2024August 5, 2024 by Loni Liss

Harmed by negligence and suffering from a TBI? Seek help from a TBI lawyer today.

Over 200,000 hospitalizations a year are attributed to traumatic brain injuries in the United States. And almost 70,000 people die from TBI-related injuries annually. At The Yost Legal Group, we take TBIs seriously and want to keep you informed.

Traumatic brain injuries (TBIs) are a serious and often life-changing type of injury that can result from a sudden blow or jolt to the head.

In Maryland, like in many other states, TBIs are a major concern due to their potential for long-term medical conditions. Understanding the causes of TBIs is crucial for prevention and early intervention.

If you or a loved one has experienced a traumatic brain injury due to someone else’s negligence, contact a brain injury lawyer. Filing a personal injury claim can be a vital step in securing the care and support you need. Reach out to the compassionate and experienced traumatic brain injury lawyers at The Yost Legal Group for assistance.

To get started, call 1-800-967-8529 for a free consultation. It’s important to protect your rights swiftly when faced with such life-altering circumstances. The financial burden of long-term care after a TBI can be overwhelming for any family. Don’t wait—get the support you deserve today.

Understanding Traumatic Brain Injuries Beyond Physical Blows

Many people assume a TBI requires a heavy, physical blow to the head. Those types of impacts can absolutely cause TBIs, of course.

People in car accidents can hit their heads on the dashboard, a window, or a windshield. People who slip and fall can hit their heads on the ground. Attack victims can be assaulted by blows to the head.

What people do not often consider, however, is that a traumatic brain injury simply requires the brain to make an impact on the skull. This adverse contact can damage brain cells, which do not repair once dead.

Traumatic brain injuries caused without impacts to the head are the result of “whiplash injuries.”

People most commonly associate whiplash with neck and back pain because of strained ligaments, tendons, or nerves.

The brute force that can cause a whiplash injury can also shake the brain in the skull. This sudden loss of momentum can make the brain hit the skull’s interior. Potentially, this can lead to a mild traumatic brain injury (concussion) or something more severe.

Whiplash to TBI: Understanding the Serious Consequences of Neck Injuries

Whiplash injuries are commonly associated with car accidents, but did you know that they can sometimes lead to traumatic brain injuries (TBI) as well?

This connection is not well-known to many people, which is why it’s important to understand the potential risks and consequences of a serious whiplash injury.

We can use an example of a car crash victim. The seatbelt may prevent hitting the head on the dash or windshield, but it still causes whiplash due to force. That person might have a TBI.

Someone might slip and fall and catch themselves to prevent their head from hitting the ground, but the change in momentum can cause whiplash.

Another example is American football players, who often face situations that might cause whiplash when they get tackled. They wear helmets to protect their heads, but the helmets can’t fully protect what’s happening inside the skull.

American football is not the only sport linked to traumatic brain injuries. Concussions in hockey and soccer are well-known and studied, but not as much as in American football.

The Overlooked Impact of Whiplash on Brain Health

Whiplash injuries occur when the neck is forcefully jerked back and forth, usually as a result of a sudden impact such as a rear-end collision.

While most whiplash injuries are considered mild and resolve on their own with time and conservative treatment, severe cases can have long-lasting effects.

In some cases, the force of the impact that causes whiplash can also result in a traumatic brain injury. This occurs when the brain is jolted inside the skull due to the sudden movement of the head, causing damage to brain tissue.

In Maryland, car accidents and falls are, unfortunately, a common occurrence. If you experience traumatic brain injury symptoms following a car accident or injury that caused whiplash, seek medical attention immediately.

Symptoms may include:

Neck pain
Persistent headaches
Memory problems
Changes in mood or behavior
Dizziness or numbness.

Do not delay in seeking medical help if you are experiencing any of these symptoms. A healthcare provider will determine if you may have a TBI in addition to your whiplash injury.

The Silent Threat of Whiplash-Related Traumatic Brain Injuries

While not every whiplash injury will lead to a TBI, it’s essential to take any potential head injury seriously. TBIs can have significant consequences on cognitive function, emotional well-being, and overall quality of life.

Medical treatment for whiplash injuries and TBIs early is important for better outcomes for those who have them. In Maryland, there are doctors who specialize in treating these injuries and can give personalized care to each person.

The Impact of Car Accidents and Falls on Concussions in the US

Concussions are a common type of traumatic brain injury that can occur from a variety of causes. Car accidents and falls are two of the leading causes.

Many people may not realize the extent to which these incidents lead to head injuries. According to the Centers for Disease Control and Prevention (CDC), an estimated 1.7 million traumatic brain injuries occur each year in the US.

Car accidents are responsible for approximately 14% of all traumatic brain injuries. While falls account for over 40% of such injuries.

When it comes specifically to concussions, studies have shown that car accidents and falls together contribute to tens of thousands of cases each year.

There are other important factors to think about when it comes to head injuries. Research shows that people who have had a concussion before are more likely to have another one in the future.

This is particularly concerning given that repeated concussions can lead to long-term cognitive issues and even permanent brain damage.

When injured in a serious car accident, it’s important to contact a top car accident injury lawyer. They will file a personal injury lawsuit on your behalf. A good accident lawyer will seek compensation to cover all medical costs, long-term physical therapy, and any future medical issues.

Concussions and Cognitive Health: What You Need to Know

Many people may not be aware that concussions can have a wide range of symptoms beyond just headaches or dizziness. Some individuals who sustain a concussion may experience:

Changes in mood or behavior
Difficulty concentrating or remembering things
Sensitivity to light or noise
Sleep disturbances

Symptoms can vary in severity and duration depending on the individual and should be taken seriously.

Children and adolescents are particularly vulnerable to concussions from car accidents and falls due to their developing brains. Studies have shown that younger individuals may take longer to recover from a concussion compared to adults. And could be at greater risk for long-term effects on brain function.

This underscores the importance of taking precautions, such as wearing seat belts in cars or installing safety gates on stairs to prevent falls.

Protect Your Rights After a Traumatic Brain Injury

Concussions and other severe traumatic brain injuries (TBIs) are serious. Any moderate or heavy blow to the head or whiplash incident should be closely monitored.

If you’re experiencing symptoms like sensitivity to light, brain fog, or headaches, it’s crucial to see a medical professional immediately. Every brain injury needs proper attention and care.

If you or a loved one has suffered a TBI due to someone else’s negligence, contact our experienced TBI lawyers for a free consultation.

A TBI injury or serious whiplash injury caused by another’s actions requires legal help. These cases can be complex and demand a traumatic brain injury attorney with extensive knowledge of medical issues.

You need the best personal injury lawyer with experience handling such cases. When you hire top-rated injury lawyers to handle your personal injury case, you’ll recover the compensation you deserve.

Call or text The Yost Legal Group at 410-659-6800.

Thomas Waxter Juvenile Detention Center Child Sexual Abuse Claims

Posted on July 15, 2024July 15, 2024 by Loni Liss

It is a heartbreaking reality that child sexual abuse occurs in juvenile detention centers across Baltimore. Vulnerable young individuals should be protected against molestation in juvenile jails, but often they are not.

The trauma of child sexual abuse in Baltimore juvenile detention centers is being addressed through legal action, advocacy, and support services.

By law, DJS is a child-serving agency responsible for assessing the individual needs of referred youth and providing intake, detention, probation, commitment, and after-care services.

The mission of Thomas J.S. Waxter Children’s Center was to provide a high standard of services, including education, mental health, substance abuse, and recreation, within a safe and secure environment. The state-owned facility closed in 2022.

Former residents of the Thomas Waxter Juvenile Detention Center have reported instances of staff members sexually abusing children for years. These claims include inappropriate touching, coerced sexual acts, and other forms of child exploitation.

Exposing the Hidden Abuse in Juvenile Detention Centers

Many survivors have shared their stories and are seeking justice for the trauma they endured while in the facility.

They are speaking out about their experiences and advocating for accountability. The survivors are seeking legal action to hold the facility responsible for the harm they experienced.

They are determined to seek justice for the trauma they suffered while under the facility’s care. These claims are not isolated incidents. They are part of a larger issue of abuse in juvenile detention centers nationwide. This problem is widespread and affects many facilities across the country.

Holding Those in Power Accountable for Abuse in Juvenile Facilities

In these facilities, vulnerable youth can be targeted and exploited by those in charge because of power dynamics. This cycle of abuse must be addressed, and accountability must be held for those responsible.

For survivors of child sexual abuse at the Thomas Waxter Juvenile Detention Center, seeking support and healing is crucial. There are resources available, such as therapy, support groups, and legal assistance, to help individuals navigate their experiences and seek justice. It is important for survivors to know that they are not alone and that there is help available to them.

One of our clients had a horrifying experience at Thomas JS Waxter Children’s Center. His experience serves as a stark reminder of the horrors that take place behind closed doors. We must stop rape in juvenile detention centers.

Survivors who want to share their stories to help others.

When our client was ten years old, he was incarcerated at Thomas Waxter Children’s Center. After he arrived, a staff member named Mr. Smitty subjected him to repeated sexual abuse in 1989. He would pull our young client into his sleeping area and rape him.

Mr. Smitty then began to bring in another gentleman named Mr. Rogers. Our client was subjected to serious physical injuries as a victim of sexual assault.

Eventually, Mr. Smitty went on to work at Shake and Bake, a local roller skating rink in Baltimore.

Repeated sexual assaults at the juvenile detention center ruined our client’s life. His experience at such a young age highlights the urgent need for accountability and reform within Baltimore’s juvenile detention system.

The trauma inflicted upon our client had long-lasting consequences, leading to struggles with incarceration, substance abuse, and trust issues. Our sexual abuse lawyers are committed to breaking the cycle of child abuse through legal action and support for survivors.

Are You a Survivor of Child Sexual Abuse?

The prevalence of child sexual abuse in Baltimore juvenile detention centers is a systemic issue that demands attention and action from both the city and state authorities. Survivors deserve justice, validation, and compensation for the unimaginable harm they have endured.

The Maryland Child Victims Act of 2023 offers hope for survivors to come forward, seek legal recourse, and hold perpetrators accountable for their heinous actions. The Child Victims Act removes the statute of limitations for sexual assault victims.

If you are a survivor of child sexual abuse in a Baltimore juvenile jail, know that you are not alone.

The Yost Legal Group is here to provide compassionate legal representation and support as you navigate the path toward justice and healing. Our dedicated team understands the complexities of these cases.

We will fight tirelessly on your behalf to ensure that your voice is heard and your rights are upheld.

Coming forward to tell your truth can start the healing process.

Your story matters, your pain is valid, and you deserve justice. By reaching out to us at 1-800-Yost-Law, you can take the first step towards reclaiming your power. Men and women have come forward to understand the legal process.

You can seek accountability and justice for those responsible for your suffering. There is no cost to speak with us; we work on a contingency fee basis. We only get paid if we secure a successful recovery on your behalf.

At The Yost Legal Group, we have experienced attorneys for child sexual abuse. They will work with you at your pace and within your comfort level. All information is held completely confidential, and your case can be filed confidentially.

If you suffered abuse as a minor in a juvenile jail, we can file a sexual abuse case for you. A sexual assault lawyer will work closely with you to file a lawsuit.

We’re holding Baltimore Juvenile Detention Centers accountable.

Survivors have the right to seek justice, heal from their wounds, and hold those responsible accountable for their actions.

By standing together as a community of survivors and allies, we can create a safer future for all vulnerable individuals who enter the juvenile justice system.

Call our sexual abuse attorneys at 800-967-8529 for a free consultation. We will explain your rights under the Maryland Child Victims Act and let you know what to expect when we file a claim on your behalf.

A child abuse lawyer will stand by you during the entire process. Contact us today so we can work to seek compensation for you.

We proudly and passionately defend sexual assault survivors. Your story matters – let us help you rewrite it with strength, courage, and resilience.

Child Sexual Abuse Lawyer – Sexual Abuse Lawyers Near Me – Post Traumatic Stress Disorder

Personal Injuries – Medical Treatment – Pain and Suffering

The Link Between Hair Relaxers and Uterine Cancer

Posted on March 2, 2024April 5, 2024 by Loni Liss

Have you or a loved one been diagnosed with uterine cancer, endometrial cancer, or non-serious ovarian cancer? It may be related to the over-the-counter use of chemical hair relaxers.

The long-term use of these products is linked to an increased risk of certain types of cancers in women. At The Yost Legal Group, we are here to help you navigate this difficult situation and explore your legal options.

Read on to learn more about how hair relaxers could impact your health and what steps you can take.

We will help determine if your use of hair straighteners caused your cancer.

The Disturbing Truth About Hair Relaxers and Cancer Risk: What Women Should Know

Chemical hair relaxers have been popular for women looking to straighten their hair for many years. However, recent studies have shown a concerning link between the use of these products and an increased risk of:

– uterine cancer

– endometrial cancer

– non-serous ovarian cancer.

The chemicals in many hair relaxers have been found to disrupt hormone levels in the body, potentially leading to these types of cancers over time.

Have you been using chemical hair relaxers for an extended period and received a cancer diagnosis? Speaking with a Hair Relaxer Attorney at The Yost Legal Group is essential.

Some of these products contain chemicals like:

parabens
nitrosamines
bisphenol A (BPA)
metals
formaldehyde

These harmful chemicals can cause serious health problems, like certain types of cancer, such as uterine and ovarian cancer.

When you straighten your hair, your scalp absorbs these chemicals instead of them just sitting on your hair. These treatments can be harsh and may cause burns or lesions on your scalp. This can make it easier for harmful substances to enter your body and bloodstream.

One chemical to be particularly mindful of is formaldehyde, a substance notorious for its toxicity and cancer-causing potential. Next time you consider getting your hair straightened, remember that the risks might extend beyond just a bad hair day.

Hair straightener cancer includes uterine cancer, endometrial cancer, or non-serious ovarian cancer.

Stay informed and take care when choosing hair treatments. Your health is worth more than straight hair!

From Straight Hair to Serious Health Concerns: The Cancer Risk of Chemical Relaxers

Our team handles product liability cases and can help you determine if your cancer diagnosis may be related to using these harmful products.

You may be eligible to file a hair relaxer lawsuit against the manufacturers of these hair relaxers and seek compensation for your medical expenses, lost wages, pain and suffering, and other damages.

You can click here to see many of the over-the-counter hair relaxers that are linked to causing cancer. Knowing which hair relaxers cause cancer is an important step. Many women have filed Dark and Lovely lawsuits and Olive Oil hair relaxer lawsuits.

It is crucial for women who have been diagnosed with uterine cancer or related conditions to understand their legal rights and options. You can get the guidance and support you need during this challenging time by contacting The Yost Legal Group.

Our experienced hair relaxer cancer lawyers will review your case thoroughly and work tirelessly to hold responsible parties accountable for any harm caused by their products.

Don’t hesitate to reach out by calling 1-800-967-8529. Your cancer diagnosis may be connected to the use of chemical hair relaxers. If you qualify, we will file a hair relaxer lawsuit.

In addition to seeking legal representation, it is also essential for women who have used chemical hair relaxers in the past to prioritize their health moving forward.

Reconsidering Hair Relaxers: The Alarming Link Between Straighteners and Cancer

Consider switching to natural alternatives or avoiding hair straightening treatments to reduce exposure to potentially harmful chemicals.

Regular check-ups with your healthcare provider can also help catch potential health issues early on.

February 27, 2024, Hair Relaxer Lawsuit Update

At this time, over 8,200 cases are pending in the Multi-District Litigation. Document production and review are extremely important in large litigations such as this.

The Honorable Paul Grimm (retired) was hired as the Special Master for electronic discovery in this litigation.

In this role, he has been assigned to use his legal expertise to review and debrief complex issues and oversee other technical matters as assigned by the Judge.

Uterine Cancer and Hair Straighteners

Your health should always come first, especially when faced with a serious diagnosis like uterine cancer. The National Institutes of Health and the National Cancer Institute have warned women of the risks associated with hair straighteners or relaxers.

More African American women have a higher risk of developing uterine cancer from chemical hair straightening products.

If you think chemical hair relaxers caused your cancer, contact The Yost Legal Group for help. We will file a hair relaxer cancer lawsuit on your behalf. Filing a lawsuit will send a strong message to the manufacturers of these dangerous products.

At The Yost Legal Group, our hair relaxer lawyers are dedicated to helping women. Let us work to seek justice and compensation for harm caused by these dangerous products.

Remember that you are not alone in this fight, and we are here to advocate for your rights every step of the way. Filing a hair straightener lawsuit is the first step toward seeking justice.

To learn more, go to https://www.yostlaw.com/hair-relaxing-products-linked-to-uterine-cancer-lawsuits/

The Yost Legal Group is representing women nationwide in filing hair relaxer lawsuits. As a leading personal injury law firm, we handle all types of product liability, birth injury, severe injury, and defective medical device cases.

If you have questions, we will help you find answers.

The Yost Legal Group, personal injury lawyers who fight for justice.

Understanding Hypoxic-Ischemic Encephalopathy (HIE)

Posted on February 15, 2024July 8, 2024 by Loni Liss

Each year, 30,000 newborn babies face health complications during the birthing process. One of the most severe conditions that can occur during childbirth is Hypoxic-Ischemic Encephalopathy (HIE). This is a condition that affects a baby’s brain due to lack of oxygen.

This condition requires immediate medical attention and treatment in a neonatal intensive care unit (NICU). A traumatic birth experience can cause an HIE medical diagnosis as well as a cerebral palsy diagnosis.

A medical mistake can sometimes cause a traumatic labor and delivery. If your child has an HIE diagnosis, it is important to contact an HIE attorney. The Yost Legal Group helps families affected by a hypoxic birth injury and other types of childbirth trauma.

What is HIE?

Hypoxic-Ischemic Encephalopathy (HIE) refers to brain damage or injury caused by oxygen deprivation during birth. An HIE brain injury occurs when the baby does not get enough oxygen to the brain or blood flow before, during, or after delivery.

If left untreated or not diagnosed promptly, HIE can lead to long-term disabilities such as:

– cerebral palsy

– developmental delays

– seizures

– and death

What are the signs and symptoms of Hypoxic-Ischemic Encephalopathy (HIE)?

The symptoms of HIE vary depending on the severity of the injury.

Some common signs include:

– difficulty breathing or abnormal breathing patterns

– low muscle tone or limpness

– seizures or convulsions

– poor reflexes or response to stimuli

– an abnormal level of consciousness.

The causes of HIE can be due to various factors, such as:

– umbilical cord problems like prolapse or compression

– maternal infections

– placental abruption

– prolonged labor

– premature rupture of membranes

– medical negligence

What are treatment options for HIE?

Hypothermia therapy is the only way to treat HIE. It lowers body temperature to prevent more harm to brain cells.

Cooling techniques can include a cooling blanket for whole-body cooling or a selective head cooling process. Hypothermia therapy should be initiated as soon as possible, preferably within six hours of birth.

In addition to hypothermia therapy, other supportive treatments such as oxygen therapy, seizure management, and monitoring vital signs are also necessary. A baby with HIE will require a nursing care plan, including working with a medical team providing significant medical care.

What is a usual nursing home plan for Hypoxic Ischemic Encephalopathy (HIE)?

If you are a parent of a baby with cerebral palsy (CP) or Hypoxic-Ischemic Encephalopathy (HIE), it is essential to understand the nursing home plan for your child’s condition. HIE can result in long-term neurological damage.

A nursing home plan consists of various therapies and interventions that aim to improve the quality of life of children with HIE.

Physical Therapy

Physical therapy is an integral part of the nursing home plan for children with HIE. The goal of physical therapy is to help children gain strength, improve mobility, and enhance gross motor skills. Physical therapists work on improving balance, coordination, and muscle tone through exercises such as stretching, crawling, standing, and walking.

Occupational Therapy

Occupational therapy focuses on improving fine motor skills, such as grasping objects and hand-eye coordination. Children with HIE often struggle with basic activities such as holding utensils or coloring because of their limited dexterity.

Occupational therapists help improve skills by doing activities like playing with blocks or drawing.

Speech Therapy

Speech therapy assists children with HIE in enhancing their communication skills. This therapy is beneficial for children who have difficulty speaking or rely on non-verbal methods due to their condition.

Speech therapists work on establishing communication through various techniques, such as sign language or picture exchange communication systems (PECS). They also focus on strengthening mouth muscles used in speaking and swallowing.

Feeding Therapy

Feeding difficulties are common in children with HIE due to poor muscle control around the mouth or throat region. Feeding therapy aims at addressing these issues by teaching proper feeding techniques, such as chewing and swallowing, and addressing any difficulty in reflux or other digestive issues.

Behavioral Therapy

Behavioral therapy is an essential part of the nursing home plan for children with HIE who may have developmental or behavioral issues due to their condition. Behavioral therapists work on the following:

improving social skills
managing behavior
addressing any emotional or mental health concerns that may arise

How The Yost Legal Group Can Help

At The Yost Legal Group, our attorneys for birth injury know the challenges your family will face with an HIE diagnosis. Our experienced HIE lawyers are committed to helping families like yours.

If you file an HIE lawsuit, we will investigate what happened during the birthing process. If we uncover that the standard of care was not met, we will work to secure a financial recovery to cover your child’s medical care.

Our experienced team of birth injury lawyers will review all medical records and dig deep to get to the truth. It is important to us that your baby has the best quality of life possible.

If we prove that a medical mistake was made, we will seek justice for you and your family. Recovering the financial compensation needed to provide lifelong care for your child is what we do.

Our birth injury attorneys know that dealing with the legal process while caring for your newborn can be overwhelming. We are here to help you every step of the way.

Our medical malpractice lawyers take a systematic approach towards seeking justice for you and your family.

We investigate your case thoroughly. The Yost Legal Group has 40 years of experience helping parents understand the complex legal process and advocating for their child’s future.

You don’t have to face HIE alone. The Yost Legal Group is here to help.

Hypoxic-Ischemic Encephalopathy (HIE) is a serious condition that can affect newborns during childbirth due to oxygen deprivation.

It requires immediate medical attention and treatment in a neonatal intensive care unit (NICU).

Cooling techniques such as hypothermia therapy are effective in reducing further damage to the brain cells.

If your child was diagnosed with HIE, contact The Yost Legal Group at 1-800-Yost-Law for a free consultation. An experienced birth injury lawyer will determine if your child’s birth injury was due to medical negligence during the delivery.

Clergy Sexual Abuse Lawyers Helping Survivors Seek Justice

Posted on November 17, 2023April 5, 2024 by Loni Liss

The topic of child sexual abuse can be difficult to talk about. It is important to do so to bring justice and healing to survivors.

Recently, news broke that the Archdiocese of Baltimore has filed for bankruptcy. This was due to lawsuits filed on behalf of hundreds of children whom members of the Maryland Catholic Church sexually abused.

The Church is trying to deter claimants from coming forward and seeking justice and restitution.

Please do not let this bankruptcy filing stop you from seeking justice from your abuser. There is still time for you to come forward and make your claim.

No matter how long ago the sexual assault happened by any member of the Catholic Church or anyone who worked for the Catholic Church, seek our legal counsel. Call The Yost Legal Group at 800-967-8529 for a free, confidential consultation.

Why is it important to come forward now?

Religious leaders hold a sacred responsibility to guide and support their followers. It is truly disheartening when individuals in these positions of authority use their faith to commit acts of sexual abuse and conceal their actions. This is a profound betrayal that cannot be overlooked.

Numerous churches and religious institutions have faced immense scrutiny due to the prevalence of sexual abuse within their ranks.

These institutions have faced criticism for failing to properly address and investigate allegations. The Catholic church is known for not reporting abuse and ensuring the safety of vulnerable individuals, particularly children.

Tragically, we have seen cases of child sexual abuse scandals involving clergy from various religious institutions, including:

the Catholic Church
Evangelical Christians
Jehovah’s Witnesses
Orthodox Judaism/Yeshivas
the Church of Latter-Day Saints/Mormons
the Church of Scientology

It is crucial that we acknowledge the extent of this issue and work together to protect those who have been harmed.

The bankruptcy filing will limit the time you have to file a claim. But it does not limit the time of how long ago the abuse happened. Even if you were sexually assaulted over 50 years ago, we can file a claim on your behalf. It’s just the claim must be filed now to protect your rights.

It is painful for survivors of child sexual abuse to come forward. We understand you need support and protection.

If you or someone you know has been a victim of child sexual abuse by the Maryland Catholic Church, it’s time to come forward to make a claim. Our clergy sexual abuse attorneys are here to help. Don’t let the Archdiocese of Baltimore bankruptcy scare you away.

Seeking Legal Representation for a Clergy Sexual Abuse Claim

The first step in making a claim is to seek legal representation. The lawyers at The Yost Legal Group have years of experience representing survivors of child sexual abuse. We are ready to fight for your rights.

Clergy sexual abuse is a traumatizing experience that can have long-lasting effects on survivors. If you’re one of them, you may be facing a difficult choice: should you come forward and hold accountable the Catholic Church for what it has done to you?

The decision alone can be overwhelming, let alone having to relive the traumatic experience. We understand that this is a painful process, but it’s also important to remember that you’re not alone.

Our personal injury law attorneys are here to help you seek justice and compensation for your damages. We are string lawyers for victims, especially child victims.

If you are a survivor of sexual abuse by a Catholic priest or other religious organization, let us file a lawsuit on your behalf.

When you call 1-800-967-8529, you will speak to a compassionate clergy abuse lawyer who will provide you with the support and guidance you need.

We will explain the legal process to you in easy terms. Knowing that you don’t have to face this alone is essential.

Why making a church sexual abuse claim is so important?

To make a claim, you’ll need to provide information about the abuse you suffered. We will listen to your story with care and compassion. We will need to know when and where the abuse occurred, who was involved, and how it has affected you and your life.

One of the reasons why clergy sexual abuse is so under-reported is because survivors don’t know who to trust and who to turn to. The Catholic Church has resources that they use to intimidate victims from speaking out.

This has made survivors feel helpless and vulnerable. At The Yost Legal Group, we are entirely dedicated to serving the best interests of survivors and protecting their right to compensation.

Your safety and comfort are our top priorities. We’ll work tirelessly to ensure you are treated with the respect and dignity you deserve.

You can file a claim without using your name publicly, which can provide a level of privacy and protection. Your child sexual abuse lawyer will walk you through the process and ensure that your rights are protected throughout.

What to expect when filing a claim against the Archdiocese of Baltimore.

It’s natural to have questions about what to expect when making a claim. The bankruptcy court will create a fund to compensate survivors. It is important to know that settlements can take some time.

Your lawyer will update you on your case and answer any questions you have along the way.

It’s essential to prioritize your own well-being throughout this process. Seeking support from trusted friends and family can be helpful.

Why is it essential to come forward?

While deciding to come forward can be difficult, it’s a crucial step towards seeking justice and healing.

By coming forward, you are also helping to protect others from experiencing the same type of abuse. It’s important to remember that you have the right to speak your truth and seek compensation for the harm that was done to you.

You deserve support and care throughout this process, and legal representation can provide that.

The Yost Legal Group is fighting for the rights of clergy sexual abuse survivors every day.

If you or someone you know has been a victim of sexual abuse by the Maryland Catholic Church, it’s important to come forward now to protect your rights to compensation.

The Yost Legal Group lawyers are here to help you navigate the legal process with compassion and care. By calling 1-800-967-8529, you can take the first step. It’s time to come forward and make your voice heard.

Our church sexual abuse lawyers are dedicated to clergy abuse survivors’ rights. If you want to file a lawsuit against the catholic church, our victims’ rights attorneys will demand justice for you.

How we charge for our services.

We do not charge any legal fees upfront. In fact, you do not owe us anything until after we settle your child sexual abuse case. If we recover financial compensation for you, our law firm will take a percentage of the fee. If there is no settlement, there are no legal fees or expenses due.

Please feel free to call us with any questions. We genuinely care and are here for you.

School District Pays $3.9 Million in Sexual Abuse Lawsuit

Posted on July 27, 2023July 27, 2023 by Loni Liss

Lawsuit Won for Failing to Stop Abusive Paraeducator

The Tahoma School District recently paid a sexual abuse survivor $3.9 million to resolve a child sexual abuse lawsuit. The School District negligently continued to employ Bryan Neyers, a former para-teacher, after receiving allegations that he was sexually abusing and grooming students.

The lawsuit was filed on behalf of a student in January 2022 in King County Superior Court. The sexual abuse lawsuit alleges that the student was sexually abused when he was between 5 and 7 years old by a paraeducator. The molestation took place in Tahoma Elementary School’s Early Enrichment Program.

The alleged sexual abuse occurred between 2018 and 2020. The man faces child rape and molestation charges involving three young boys and first-degree rape charges involving a fourth child.

Neyers began working at Tahoma Elementary School in 2015. Within a year, the Maple Valley school district started receiving reports about Neyers’s concerning behavior, such as a lack of boundaries with students.

School officials did not meet with Neyers to address his behavior until June 2018. Even with that meeting, they still failed to take proper actions to address the issue, according to court documents.

If you or a loved one is a survivor of childhood sexual abuse in a school or other educational setting, you may have a case under Maryland’s new law. If you are ready to talk, we are here to listen. Call The Yost Legal Group for a free and confidential consultation at 1-800-967-8529.

Protecting Children from Sexual Abuse: Understanding the Grooming Process

When it comes to sexual abuse, understanding the grooming process is crucial. In certain cases, grooming can be an independent intentional tort requiring a child sexual abuse attorney to prove damages.

Grooming serves as a warning sign, providing organizations and caregivers an opportunity to intervene and prevent the abuse from happening. Grooming often comes before the act of physical abuse. The grooming process usually has three stages:

Isolating: Most children know the importance of not accepting rides from unfamiliar adults. However, when the adults are a coach, teacher, sponsor, or other such person, a child might hesitate to refuse.

The adult may tell children they have special abilities and would benefit from one-on-one coaching or tutoring. Many children do not say no. Furthermore, many organizations allow such behavior, and caregivers do not see the red flag.

Gaining Trust: Over time, the one-on-one sessions can become more intimate. This intimacy is usually two-way. Groomers share secrets with children or, at least, makeup secrets to further gain trust. The transition could take a few weeks or a few years.

Frequently, the groomer also buys gifts for the targeted child. Inappropriate comments or activities usually begin at this point as well.

Concealing and Controlling the Relationship: One of the gifts might include a phone or other communication device. Inappropriate comments and activities escalate, usually accompanied by a “Don’t tell anyone about this.” Examples of these activities include photographing a child in a dance costume or playing with a child and “accidentally” touching the child’s genitals.

Fight back against child sexual assault with The Yost Legal Group

The most significant standalone grooming case to date might be 2011’s United States vs. Chambers (No. 09-3654). A jury convicted the defendant of violating the federal enticement statute.

Chambers argued that, although he chatted with an undercover agent for several months, he did not intend to meet “the girl,” nor did he take a substantial step toward meeting her.

The Seventh Circuit Court of Appeals disagreed, noting that “child sexual abuse can be accomplished by several means and is often carried out through a period of grooming.”

The court recognized that grooming refers to deliberate actions taken by a defendant to expose a child to sexual material. The defendant’s ultimate goal is to form an emotional connection with the child and reduce the child’s inhibitions to prepare the child for sexual activity.

The burden of proof in criminal court is beyond any reasonable doubt. The burden of proof in civil court is much lower. In that sense, even just a little evidence of grooming goes a long way.

What are the kinds of sexual abuse?

Grooming a child is just one form of sexual abuse. It is also worth noting that “abuse” is different from “assault.” Only some forms of sexual abuse involve physical contact.

These kinds of abuse include:

Verbal: Crude jokes might be the most common form of verbal sexual abuse. Many of these abuse survivors do not speak up.

Usually, because they are afraid of the social or relational consequences of speaking up. One or two isolated incidents might not be actionable. But a pattern of conduct is a tort.

Ritualistic: We move from perhaps the most common form of sexual abuse to maybe the most uncommon form. Nevertheless, ritualistic abuse happens, and it hurts. Making matters worse, many survivors are brainwashed to accept things like incest rituals, genital mutilation, child marriage, and chants during abuse.
Visual: Unwanted exposure to explicit images is sexual abuse. Children cannot simply change the channel. Instead, they must bear the harmful consequences of uninvited exposure to sexually explicit photos, sexting or airdropping, and exhibitionism or flashing.
Physical: Examples of physical sexual abuse include non-consensual cornering, tickling, kissing, excessive cleaning of genitals, touching, fondling, physical restraint, enemas, invasion of privacy, and stalking. Disproportionate power relationships (teacher and student) influence the potential for physical sexual abuse.

The impact of child sexual abuse causes long-lasting mental and physical injuries such as Complex Post-Traumatic Stress Disorder. The cumulative effects of this type of stressful situation on child sexual abuse survivors can alter brain chemistry.

The resulting imbalance causes symptoms like anger, depression, and hypervigilance. Any form of child sex abuse or sexual violence against a child is unacceptable. These acts on young athletes by sports coaches, or sexual contact by a YMCA employee all must be brought to justice.

Is an organization responsible if the abuse happened at their location?

Individuals are criminally responsible when they sexually abuse children. But criminal cases usually do not compensate victims. To obtain the compensation victims need and deserve, an experienced sexual assault lawyer typically uses the negligent supervision theory.

Organizations negligently supervise employees when they do not adequately investigate misconduct allegations or do not properly follow through on such allegations.

Unfortunately, many organizations do not take abuse allegations seriously, especially in non-violent sexual abuse cases. Instead, they sweep things under the rug. The Baltimore Catholic Church ignored such allegations for decades. That is the main reason Maryland lawmakers abolished the statute of limitations in these matters.

Sadly, organizations like the YMCA, the Boy Scouts, and Foster Care are all breeding grounds for pedophiles. These investigations must be transparent, efficient, and thorough. Then, when investigations end, organizations must take appropriate action based solely on the facts uncovered.

Contact a compassionate child sexual abuse lawyer

Under Maryland’s new law, childhood sexual abuse survivors are entitled to significant compensation. If you or a loved one was sexually abused by a teacher, guidance counselor, or other school faculty or staff, you may have a case.

For a free and confidential consultation with a compassionate childhood sexual abuse lawyer, call The Yost Legal Group today: 1-800-967-8529. You can also click this link to fill out a form online, and someone will contact you shortly.

Looking for signs of child sexual abuse is one indicator. If you think the Department of Education isn’t taking your complaint about harm to your child seriously, contact us. If your child was abused by a coach, we are here to help.

We should take sexual abuse in public schools vs. the catholic church very seriously. We must hold these organizations accountable.

Athlete Sexual Abuse Lawyer – Foster Care Sexual Abuse Lawyer – School Sexual Abuse Lawyer

Teacher Sexual Abuse Lawyer – Therapist Sexual Abuse Lawyer – Boy Scouts Sexual Abuse Lawyer

YMCA Sexual Abuse Lawyer – Athletic Trainer Sexual Abuse Lawyer

FDA Updates Exactech Hip Implant Recall

Posted on July 7, 2023July 25, 2024 by Brent Hoffman

The U.S. Food and Drug Administration prompted medical-implant manufacturer Exactech to expand its voluntary hip implant recall to all models, not just some of them.

Exactech joint replacement devices are used to replace painful, arthritic joints due to osteoarthritis, osteonecrosis, rheumatoid arthritis, and loss of normal structure and function in adults.

These devices are also used to improve previously failed joint replacement devices with adequate bone and soft tissue. All Exactech joint replacement devices contain a plastic component which should be in packaging that contains multiple oxygen-barrier layers as indicated in the package specification. The recalled devices were packaged in defective bags that were missing one of the oxygen barrier layers that protect devices from oxidation.

The FDA continues to work with Exactech to assess whether any of its other joint implants that contain polyethylene components packaged in defective bags may result in increased oxidation and similar risks.

Voluntary Hip Implant Recalls

A hip implant or other product recall is like closing the barn doors after the horses run off. When the FDA recalls a dangerous medical device, people have already been hurt or at least put at unnecessary risk for serious injury. Furthermore, a recall does not compensate these survivors for their economic losses (medical bills) and noneconomic losses (pain and suffering). Only an experienced defective-medical-implant lawyer can help victims get the justice the deserve.

If you or a loved one has been harmed by a defective Exactech hip implant, call us today for a free consultation (1-800-967-8529). If you have a case, we will help you get the justice you deserve.

Additionally, an FDA “recall” is not exactly what most people would think of a “recall.” By law, the Food and Drug Administration cannot unilaterally recall products, no matter how dangerous they are. In a few cases, FDA bureaucrats can limit marketing activities or unilaterally take another action that is not particularly effective. But in most cases, the FDA can only publicly pressure companies to voluntarily recall their own products.

Even then, a product recall is usually a sales modification. The company adds a warning to a dangerous product and keeps selling it. Warning labels, especially in defective hip implant cases, create several legal issues. More on that below.

Exactech Hip Implant Issues

Metal-on-metal hip implants have a long and unsafe history. Most of these defective hip implants have design or manufacturing defects. However, Exactech’s defective implants have packaging issues. Therefore, the product is defective before a doctor even implants it.

Once upon a time, hip implant durability was not an issue. Most hip implant recipients were semi-retired people who were not physically active. Then, in the late 1990s into the early 2000s, people in their fifties and even forties started getting replacements. To cash in on this uptick, manufacturers began taking shortcuts.

But we are getting a little ahead of ourselves. Some metal-on-metal hip implants were defective before they reached consumers. The hip is basically a cup-and-socket joint. When the all-metal parts grind together, the friction releases tiny metal fragments into the body and causes metallosis (metal poisoning).

Most manufacturers addressed this design defect by replacing some of the metal parts with ceramic parts. But the design defect was only part of the problem.

To cope with the increased demand, many hip implant manufacturers bought inexpensive parts from China and other overseas countries. These countries often have lax or nonexistent product safety laws. Therefore, many imported implant parts had high levels of mercury, cadmium, and other dangerous heavy metals.

The human body cannot process these toxic particles in unnatural amounts, so they accumulate in the body and cause a host of serious health problems.

Exactech hip implants, however, have a unique problem. The packaging does not properly prevent oxidation. A loaf of bread gets stale if you do not tie it up properly to keep the air out. Similarly, hip implants degrade if they are not tied up properly to keep the air out.

These defects lead to premature device failure. While routine, implants are still an invasive surgery, especially on older individuals. Once the device fails after implantation, a surgeon must fish the broken device out of the body and replace it with a new device—yet another invasive procedure. These multiple surgeries usually rob survivors of what little mobility they have left, assuming they are candidates for such risky procedures in the first place.

Your Legal Options

Survivors need and deserve financial compensation for device failure and other injuries. Additionally, the manufacturers who sold such products should accept responsibility for causing such problems in the first place. If a personal injury attorney files a legal action, that filing kills two birds with one stone. Defective implant survivors receive compensation. At the same time, companies face financial and reputational consequences.

Most attorneys file negligent failure to warn legal actions in these cases. Companies pride themselves on quality control measures. These companies are fully aware that the products they sell are defective. They just hope that if survivors file legal actions, they can beat those legal actions in court. These legal actions have basically four components:

Duty: Exactech and other companies have a duty to identify device safety issues—such as improper oxidation protection—and a duty to warn customers about them. This warning must be proportionate to the risk.
Breach: Exactech and other companies breach their duty of care when they do not warn customers or do not adequately warn them (e.g., placing a device failure warning on a long list of mild side effects). A personal injury lawyer typically partners with an industry expert who establishes the standard of care and testifies about the breach of care.
Cause: In most states, survivors must prove, by a preponderance of the evidence (more likely than not), that the failure to warn substantially caused their injuries. The standard is slightly different in some states. Plaintiffs must also establish foreseeability (possibility) of injury.
Damages: Device failure causes physical injuries. Device failure also causes emotional injuries. Compensation is available for both.

Assumption of the risk is one of the most common defenses in weak-warning cases. Companies like Exactech include serious side-effect warnings in the fine print. These warnings could reduce compensation in the case if the survivor saw the warning, could read the warning, and could understand what the warning meant.

In most states, jurors must divide injury responsibility on a percentage basis. For example, jurors might conclude, based on the evidence, that the company was 80% at fault for using defective packaging, and the survivor was 20% at fault for not heeding the warning.

Work with a Compassionate Defective Exactech Implant Lawyer

If you or a loved one had a defective Exactech hip implant removed after suffering harm, you may have a case, and The Yost Legal Group wants to help you seek justice. Injury victims are entitled to significant compensation for the harms they suffered. Call today: 1-800-967-8529.