Increase in Amusement Park Injuries Suffered by Children

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When the school year ends, many families head to amusement parks across the State of Washington for some fun family time. While roller coaster rides can be thrilling, they come with surprising risks that most parents are unaware of. Now, a new study conducted by researchers in the Center for Injury Research and Policy of the Research Institute at Nationwide Children’s Hospital has shed some light on this subject and the results were startling. Researchers examined injuries to children who participated in amusement park rides, rides at fairs and festivals, and rides at local malls and stores. The results showed that from 1990 to 2010, 92,885 children were treated in emergency rooms across the United States for amusement ride related injuries. This averages about 4,423 injuries a year—most of which occur in the warm summer months May through September. The study found that head and neck injuries were the most common, followed by arms, face, and legs. While the majority of these injuries were mild soft tissue injuries, serious injuries that required hospitalization occurred once every three days on average. The majority of these injuries were the result of a fall or the result of a body party hitting a ride while riding. While the majority of these injuries occurred on amusement park rides, mall rides accounted for a surprising number of head and neck injuries. Almost ¾ of all mall ride injuries were the result of a child falling off or onto the ride itself. These rides are almost always placed on hard surfaces, which only increase the risk of serious injury. Concussions and other closed head injuries accounted for the majority of mall ride injuries.

“Injuries from smaller amusement rides located in malls, stores, restaurants and arcades are typically given less attention by legal and public health professionals than injuries from larger amusement park rides, yet our study showed that in the U.S. a child is treated in an emergency department, on average, every day for an injury from an amusement ride located in a mall, store, restaurant or arcade. We need to raise awareness of this issue and determine the best way to prevent injuries from these types of rides.” — Dr. Smith, professor of pediatrics at The Ohio State University College of Medicine

Seattle Personal Injury Lawyers You Can Rely On

In the summer, childhood accidents are unfortunately very common. If your child is injured through the negligence of another person or company, it is important to seek legal help immediately. At Phillips Law Firm, we have successfully represented child accident victims in Seattle, Bellevue, Everett, Tacoma, and throughout the State of Washington. Call us today for a free case evaluation at 1-800-708-6000.

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Medtronic Recalls Implantable Pumps Related to Patient Deaths

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Fourteen patient deaths, occurring between May 1996 and April 2013, have been associated with problems related to the SynchroMed implantable drug pump, according to the devices manufacturer, Medtronic, Inc. This has prompted the U.S. Food and Drug Administration to issue a Class 1 recall of the device based on “reasonable probability that use of these products will cause serious adverse health consequences or death.” The SynchroMed pump is used to treat patients who suffer from severe spasticity or intractable pain and for whom oral medication is ineffective. The implantable pump administers drugs directly into the cerebral spinal fluid. The first reason for the recall involves the “priming bolus function” which is used to transfer medication quickly from the pump reservoir to the catheter tip where the drug is delivered to the spinal fluid. Problems related to this function could lead to an under-dose or overdose of medication. Secondly, according to Medtronic, there is a potential for an electrical short circuit that could cause the pump to stall and lead to a loss of therapy, which, in turn, could result in the return of a patient’s underlying symptoms or drug withdrawal. Medtronic says the pump is equipped with alarms that will sound in the event of a motor stall and that it is working on design updates to deal with this issue. The third reason for the recall involves the pump’s Sutureless Connector (SC) catheter which has been redesigned to minimize the potential for blockage due to misalignment at the point where the catheter connects to the pump. Medtronic is recommending that customers discontinue use of all SC catheter models 8709SC, 8731SC, 8596SC and 8578 which were made before the design change and has initiated a voluntary removal of these unused catheters. In addition to these recalls, Medtronic has issued a safety update to the pump refill procedure, which reflects revised product labeling approved by the FDA. The safety update will help reduce the risk of healthcare professionals inadvertently injecting the medication into tissue around the pump instead of the pump reservoir, a mishap which has been associated with eleven patient deaths. Despite these issues, company spokeswoman, Donna Marquard says, the pump “continues to demonstrate strong overall reliability, and Medtronic remains confident in its ability to deliver safe and effective therapy for those who need it.”

National Medtronic Lawsuit Attorneys

If you or someone you love has suffered a major medical complication because of a Medtronic product, it is important to know that you are not alone. The litigation process will require a competent and aggressive attorney to secure your rights and get you the compensation you deserve. To learn more about filing a Medtronic lawsuit call the experienced Medtronic lawsuit lawyers at Phillips Law Firm today. Call us at 1-800-708-6000. Our national Medtronic lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation.

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YAZ Now Linked to Gallbladder Disease

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The pharmaceutical giant Bayer has already paid out more than $1 billion to injured patients who took their popular birth control pills Yaz and Yasmin. Over 4,800 injured patients filed lawsuits after Yaz and Yasmin caused them to have serious complications that included blood clots, deep vein thrombosis, heart attacks, pulmonary embolisms, and stroke. These increased risks are related to the use of a fourth generation progestin known as drospirenone. In 2012, the FDA began requiring all products containing drospirenone to be labeled with warnings regarding the higher risk of blood clots. Now, it seems that some of these patients may also suffer from complications related to gallbladder disease. This includes, inflammation, abdominal pain, jaundice, fever, and gallstones, and patients usually require surgery to remove their gallbladder. There is research now that suggests a connection between drospirenone and gallbladder disease. In 2011, a study published in the Canadian Medical Association Journal found that women taking birth control pills that contained drospirenone had a higher risk of gallbladder problems than those taking pills containing older progestin. In 2012, a different study found no evidence of this increased gallbladder risk; however, plaintiffs believe otherwise.

Bayer Sets Money Aside for Patients with Gallbladder Disease

Recently, Bayer agreed to a settlement of up to $24 million for 8,000 lawsuits involving patients who suffered from gallbladder problems after taking Yaz and/or Yasmin. This is a sharp turnaround for a company who, until now, has denied that their medications could have any link to increasing risk of gallbladder disease.

National YAZ Lawsuit Lawyers

If you or someone you love has experienced gallbladder disease, a heart attack, stroke, pulmonary embolism, or blood clot after taking the popular contraception YAZ or Yasmin, it is critical that you discuss your case with an experienced YAZ lawsuit attorney. Your attorney will be able to review your case and determine if you are eligible to file a claim. Time is limited, however, so it is important not to delay. Call Phillips Law Firm at 1-800-708-6000 immediately. Our national YAZ lawsuit lawyers are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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Endo Health Unit Pays $55 Million in Vaginal Mesh Settlement

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In a security filing last week, officials at Endo’s American Medical Services Inc. (AMS) said that they have agreed to settle an undisclosed number of lawsuits over the company’s vaginal-mesh devices. An Endo Health Solutions Inc. unit will pay $54.5 million to resolve lawsuits that allege their vaginal-mesh implants eroded in some women and left them incontinent and in pain. The settlement includes suits involving Perigee, Apogee and Elevate implants which are designed to treat the collapse of pelvic organs as well as urinary incontinence. This settlement will have no effect on the nearly 5,000 vaginal-mesh lawsuits filed against AMS that have been consolidated for pre-trial proceeding before a federal judge in West Virginia. According to court filings, the first trial of a federal AMS suit is set for December. Earlier this year, Endo officials reported that the number of suits filed over the implants had risen from 2,900 last year to about 5,100. Endo, acquired by AMS for $2.9 billion in 2011, is one of four companies facing a total of 29,000 lawsuits by women who allege the vaginal implants harmed them. Women’s groups are demanding that the devices be recalled after an August 2011 U.S. Food and Drug Administration report declared that the vaginal-mesh products should be classified as posing a risk to patients. A review of side effects reported between January 2008 and December 2010 prompted the FDA’s report. Last year, the FDA ordered 31 manufacturers, including Endo, Johnson & Johnson and C.R. Bard, Inc. to conduct three years of safety studies on their devices.

Financial Implications for Manufacturers

Endo cut its 2013 revenue forecast t0 $2.65- $2.8 billion down from $2.8- $2.95 billion and cut its projected profit, excluding some items, to $4.10- $4.40 a share from $4.40- $4.70. The company plans to reduce its global workforce by 15% in the wake of reduced sales and profits. In another blow to the company’s bottom line, the FDA ruled, last month, that generic copies of Endo’s Opana ER are allowed to remain on the market without abuse-deterrent technology. The competition may reduce sales by an additional $120 million and cut profit by 55 cents a share. AMS officials say that their executives “intend to continue to vigorously defend themselves in the remaining mesh product liability cases and in any new cases that may arise.”

Transvaginal Mesh Lawsuit Attorneys

If you or someone you love has experienced transvaginal mesh complications or injuries after a treatment for pelvic organ prolapse or stress urinary incontinence, the transvaginal mesh injury lawyers at Phillips Law Firm can help. Our transvaginal mesh injury lawsuit attorneys understand that transvaginal mesh injuries are often painful and costly for our clients; therefore, if we do not recover anything for you, you do not owe us an attorney fee. Call Phillips Law Firm at 1-800-708-6000.

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Doctors Continuing to Practice Despite Misconduct

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The nation’s state medical boards regularly allow thousands of physicians to continue practicing medicine even after findings of serious misconduct that puts patients at risk. Their medical licenses remain active despite being barred by hospitals or other medical facilities and, sometimes, after paying millions of dollars to resolve malpractice claims. Some state boards have become more responsive; however, many state and federal records still paint a frightening picture of a physician oversight system that is quick to excuse problems and struggles to manage workloads in an era of tight state budgets. Records indicate that between 2001 and 2011, nearly 6,000 doctors had their clinical privileges restricted or taken away by medical institutions for misconduct involving patient care. However, 52 percent of these physicians were never fined or hit with a license restriction, suspension, or revocation by a state medical board. Almost 250 of the doctors sanctioned by health care institutions were cited as an “immediate threat to health and safety,” yet their licenses were not restricted or revoked. Approximately 900 were cited for substandard care, negligence, incompetence or malpractice and were allowed to continue practicing with no licensure action. Among the almost 100,000 doctors who made payments to resolve malpractice claims from 2001 to 2011, about 800 were responsible for ten percent of all the money paid. The total payouts averaged $5.2 million per doctor and yet fewer than one in five faced any kind of licensure action by their state boards. In 2011, the consumer watchdog group, Public Citizen reported that medical boards “are not properly acting on (clinical privilege) reports after becoming aware of them.” Little has changed since Public Citizen’s assessment and the congressional concern created because of it. Physicians with records of gross misconduct are still practicing. If you have been the victim of medical malpractice, you will need a competent lawyer to help ensure maximum compensation for your claim. The doctor will hire a team of top-notch lawyers who specialize in defending medical malpractice, and will pull out all the stops to fight your claim. Every malpractice case is unique and the value of the claim depends on a detailed analysis of several different factors. If you feel that you have been the victim of medical malpractice, contact an experienced malpractice attorney quickly to help you understand the potential value of your claim.

Contact Seattle’s Medical Malpractice Lawsuit Attorneys

At Phillips Law Firm, our premier Seattle medical malpractice lawyers can help you explore all of your legal options. We represent patients in Seattle, Bellevue, Everett, Tacoma, or anywhere in the State of Washington who have been injured by doctors or medical professionals. Call Phillips Law Firm at 1-800-708-6000. Our attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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Risperdal Side Effects Lawsuit

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In July, a Chicago man, who suffered serious and permanent disfigurement after taking the anti-psychotic drug Risperdal filed a new lawsuit. Michael Johnson brings counts of negligence and breach of warranties against Ortho-McNeil Janssen Pharmaceuticals (a subsidiary of Johnson & Johnson). According to the lawsuit, the defendants failed to warn men about dangerous side effects—such as gynecomastia. Johnson started taking Risperdal when he was just 11 years old. He continued to take this medication for 5 years while he was going through puberty. During this time,he experienced weight gain and damage to his endocrine and sexual systems. As a result, he developed permanent gynecomastia. Gynecomastia is the development of breasts in men. This development is permanent and results in men having to undergo mastectomies to surgically remove the breast tissue. These men experience severe mental pain and anguish and embarrassment as a result. According to the lawsuit, Johnson’s physicians were unaware of the serious side effects and risks associated with Risperdal. If they had been aware, they would not have prescribed this information to him. In addition, his physicians received information and promotional materials that claimed Risperdal was safe and an appropriate treatment choice for adolescents. The plaintiffs claim that Janssen engaged in promotional activities that were false and misleading and encouraged the off-label use of Risperdal. In 1999, the very year that Mr. Johnson began taking Risperdal, the FDA sent a letter to Janssen reprimanding them for a campaign that included false and misleading materials. In 2001, the FDA demanded that they change their label to include a statement that said, “the safety and effectiveness in children have not been established”. Johnson seeks compensatory and punitive damages.

Risperdal Lawsuit Attorneys

If you or someone you love has been harmed after taking the dangerous drug Risperdal, it is important to contact the national Risperdal lawsuit attorneys at Phillips Law Firm. We represent patients across the United States who have been diagnosed with gynecomastia after taking Risperdal. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Risperdal lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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Distracted Driving Could Increase Employer Liability

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Despite numerous public awareness campaigns, distracted driving continues to increase. A recent study done by AT&T revealed the shocking truth that almost half of all adults are guilty of texting while driving. In addition to texting, talking on the phone and browsing the Internet meet the definition of distracted driving. Studies show that distracted driving increases your risk of being in an accident 23 times more than a non-distracted driver. These statistics could have serious legal and financial implications for employers, considering that 18 million commercial vehicles take to the road every day in the U.S. Many of those vehicles are driven by employees who were given mobile devices by their companies to help them operate more efficiently and consequently, employer liability is increasing in accidents involving a distracted driver. Last year, a plaintiff received $21 million in damages when the driver of a Coca-Cola truck hit them while talking on her cell phone. At the time, Coca-Cola had a vague policy regarding the use of mobile devices by employees driving company vehicles. As a result, as many as 80% of employers now forbid their employees to use company-issued devices when driving for their businesses. This increased from just 15% a few years ago. Many employers have policies that differ according to the role of the employee. Recently, a report showed that a large company had purchased 12,000 smart pads to help facilitate workflow. According to company policy, however, the employees are only allowed to use the pads for help with navigation. Many smaller businesses would be devastated by a lawsuit such as Coca-Cola’s, and the National Safety Council urges businesses to have a zero tolerance policy when it comes to use of mobile devices while employees are driving company vehicles. Some companies are installing applications that will shut off any company-issued devices when the vehicle reaches a minimum speed. Safety is not always an easy sell to large corporations focused on the bottom line, but employers are being urged to think about mobile device usage policies in company vehicles, especially when those devices are company-issued. It’s an undeniable fact that distracted driving, especially behind the wheel of a company vehicle, is a huge risk for any business. Despite the prohibition of texting and driving in 39 states and D.C., motorists regularly violate the law, including the millions behind the wheel of a company car.

Contact Seattle Personal Injury Lawsuit Attorneys

If a distracted driver has injured you or someone you love, an experienced Seattle car accident attorney can help. In many cases, there may be multiple parties responsible for your accident and the injuries sustained. If an employee was driving distracted while on-the-job, the employer may also be liable—especially if they did not have a zero tolerance cell phone policy in place. The Seattle car accident injury attorneys at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle personal injury lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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Mirena Birth Control Side Effects

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A Cleveland woman who chose to use the Bayer intra-uterine device (IUD), Mirena, began to experience severe pain not long after insertion of the device. The mother of three, who thought she understood all the Mirena birth control side effects, was rushed to her local emergency room in pain. After performing x-rays, hospital staff discovered that her Mirena IUD had migrated from its initial insertion point and completely perforated her uterine wall. Emergency surgery was needed to remove the device, which was found floating in her abdomen. The Mirena contraceptive device is labeled as a safe and effective form of birth control designed to remain at the point of insertion for up to five years before becoming discharged. It is designed to be a worry free form of birth control, but according to adverse reaction reports from the U.S. Food and Drug Administration (FDA), that isn’t always the case. According to records obtained by the WEWS News Channel 5 investigative team, there have been at least 70,072 complaints involving the Mirena IUD since 2000. Many of these complaints are minor, however since 2008, 4,775 women have reported “device dislocation” which can include uterine perforation. The women for whom Mirena works well are, understandably, happy with the product and many doctors continue to prescribe it with little hesitation. However, Dr. Steven White, M.D. raised another issue in a letter he wrote in response to a story that had run in a previous issue of Daytona Beach’s News-Journal. Dr. White confirms that devices such as the Mirena IUD are effective as a form of contraception when they release, as in Mirena’s case, hormones into the uterus to prevent fertilization of the egg. Dr. White’s point is that if the device fails and conception takes place, the device could cause a chemical abortion. Thinning “the lining of the uterus”, which is a clearly stated effect of the device, prevents embryo implantation, thus resulting in a chemical abortion. “In the best interest of full disclosure and true informed consent, both the contraceptive and potential abortifacient effects of IUDs should be discussed with every patient before prescribing this method of birth control”, states Dr. White. There are currently 100 Mirena side effect lawsuits pending in the Southern District of New York and 173 filed in Bergen County Superior Court, New Jersey. The next multi-district litigation status conference is scheduled for August 14, 2013.

National Mirena Lawsuit Attorneys

If you or someone you love has been injured after using Mirena, it is imperative that you contact one of our skilled national Mirena lawsuit attorneys. Patients who have been injured are filing lawsuits now—and time is of the essence. To learn more about your legal options, contact the Phillips Law Firm today at 1-800-708-6000.

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Spinal Cord Injuries

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It has long been unknown just how quickly degeneration of the spinal cord begins after a traumatic injury. A new, joint research effort between the University of Zurich, University Hospital Balgrist, and colleagues from University College London now have proof that shows patients already have irreversible tissue loss in the spinal cord within forty days. A spinal cord injury affects the functional state and structure of the brain and spinal cord. This can impact your ability to carry out everyday functions, such as walking and dressing yourself, performing duties of your job, and supporting your family. In the past, it was assumed that these degenerative changes took years to develop. New research, however, shows that these changes occur within forty days of an acute spinal cord injury. In the joint study, scientists evaluated thirteen patients with acute spinal cord injuries every three months for one year using magnetic resonance imaging (MRI) protocols. Through this technique, it was learned that the diameter of the spinal cord had rapidly decreased and was already seven percent smaller after just twelve months. In nerve cells in the sensorimotor cortex and in the corticospinal tract, a tract which is essential for motor control, a lesser volume decline was also detected. The degree of degenerative changes was in direct correlation to the clinical outcome. For example, patients with less tissue loss were able to recover more effectively than those who had more extensive tissue loss. The key to reducing tissue loss and launching a successful recovery from an acute spinal cord injury is quick action. Gaining a deep and accurate understanding of the natural processes of repair and recovery within the first year is crucial. With the use of new neuroimaging protocols it is now possible to display the effect of therapeutic treatments on the central nervous system and of rehabilitative measures more quickly than ever before.

Seattle Spinal Cord Injury Attorneys

If you or someone you love has sustained a spinal cord injury in an accident in Seattle, Bellevue, Everett, Tacoma, or anywhere in the State of Washington, time is of the essence. Insurance companies understand that the longer they delay in settling a claim, the greater the likelihood that you will realize the true extent of your injuries. As such, it is crucial that you refrain from signing any settlement before speaking with a Seattle spinal cord injury lawyer at Phillips Law Firm. We will do everything we can to ensure that your interests are protected and that you receive the maximum compensation. Contact the experienced Seattle personal injury attorneys at the Phillips Law Firm today for a free consultation and review of your case. Call us at 1-800-708-6000 today.

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New Supreme Court Ruling on Employment Discrimination

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Recently, the Supreme Court handed down an important decision regarding burden of proof for plaintiffs alleging employment discrimination retaliation under title VII of the Civil Rights Act. In University of Texas Southwestern Medical Center v. Nassar, the Court held that in order to prove retaliation under Title VII, a plaintiff must show that retaliation was the sole cause for the adverse employment action taken against the employee and not just a motivating factor. Simply put, an employee must demonstrate that he or she would not have suffered the adverse employment action but for his or her protected activity. In Nassar, plaintiff Naiel Nassar who was of Middle Eastern background was an assistant professor at the University of Texas Southwestern Medical Center and a staff physician at Parkland Hospital who accused his supervisor of harassment based on his religion and ethnicity. After his complaint, and due to his belief that his supervisor continued to harbor bias against him, Nassar negotiated with the hospital to keep working there while severing his employment with the University, which would have resulted in a change of supervisors. At first, the hospital agreed, so Nassar resigned from the University. Later, the University pointed out that this arrangement was inconsistent with an existing affiliation agreement between the hospital and university, and the hospital withdrew its offer to employ Nassar only as a staff physician. Initially, the Fifth Circuit affirmed that Nassar had proved that retaliation was a motivating factor of the university’s actions, which caused Nassar to lose his employment with the hospital. The Supreme Court reversed this decision, holding that Title VII claims must be proven using a “but for” standard. While the Court’s decision may be considered a victory for employers defending against retaliation claims, a skilled Seattle employee rights’ lawyer can help you build your case if you were unfairly treated. These ever-changing employee rights’ laws make it even more critical to retain the services of a law firm who specializes in employee rights. The Nassar ruling will not have a huge impact on the number of employment discrimination complaints, but rather the angle of the complaints. There will be much less emphasis on retaliation, even or none at all.

Seattle Employee Rights Lawyer

Employee rights are constantly in danger. If you or someone you love has experienced employee discrimination, wrongful termination, or any violation of their employee rights in Seattle, Bellevue, or anywhere in the State of Washington, call Phillips Law Firm at 1-800-708-6000. Our Washington employee rights lawyers are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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