Personal Injury

Morcellators and the Danger of Cancer

The Morcellex Sigma, the Gynecare X-Tract and the Gynecare Morcellex are power morcellators that are acknowledged to be among the best engineered morcellators in the market. Besides ensuring optimum performance and reliability, these medical devices from Ethicon, Johnson & Johnson’s power morcellator manufacturing unit, also guarantees faster performance and smoother and more efficient tissue morcellation (the cutting up of large masses of tissues into tiny pieces).

The US Food and Drug Administration began approving the use of morcellators in laparoscopic surgical procedures (such as hysterectomy, which is the removal of the uterus, and myomectomy, or the removal of uterine fibroids or myomas) in 1995. And, because the device allowed for the performance of a minimally invasive surgery, which meant very tiny incisions on the abdomen (four 0.5 – 1cm long incisions, actually), less pain and less blood, and wounds that would heal fast, surgeons began preferring to use it and perform laparoscopic surgeries, rather than the longer, more bloody and much more painful traditional procedures, which included vaginal hysterectomy and abdominal hysterectomy, which specifically required 5 to 7 inches abdominal incision.

About 600,000 hysterectomies are performed in the US every year; more than 50,000 of these are laparoscopic surgeries. A hysterectomy is performed to treat the following conditions: pelvic inflammatory diseases; cervical cancer, ovarian cancer or uterine cancer; uncontrollable vaginal bleeding; chronic pelvic pain; uterine prolapse; adenomyosis; and, endometriosis.

According to the website of Williams Kherkher, despite the many benefits provided by a morcellator, the FDA found it necessary to discourage surgeons, through a safety notice that it released on April 17, 2014, from further using it in laparoscopic surgical procedures, especially in myomectomy. This notice is based on a medical literature report that linked the morcellator with the spread of cancerous tissues, namely uterine sarcoma, beyond the uterus. With no device capable of detecting these cancer-bearing tissues, surgeons are not able to determine whether or not a female patient, who will undergo myomectomy, is infected with it. Thus, during the process of mincing the uterine fibroids, the sarcoma tissues, if there are any, get minced as well. However, as all minced tissues (fibroids and sarcomas) are suctioned out of the uterus, the removal of everything is often not guaranteed. And it is these left behind tissues that cause the greatest harm, which is the development of leiomyosarcoma, a rare yet aggressive cancer.

About two weeks after FDA’s safety warning, Ethicon responded by voluntarily withdrawing from the market its three celebrated devices and suspending the devices’ distribution and the worldwide sale. Many, however, believe that harm may already have been inflicted by Ethicon’s morcellators, as well as by those from other manufacturers. Prior to April 2014, a number of lawsuits have already been filed by women already diagnosed with leiomyosarcoma; many lawsuits are still expected to be filed.

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Child Injury: Safety Products Gone Wrong

Items meant for children must be manufactured with added care. Children, after all, are far more precious and naïve. Most of the younger children will even pick anything up and think it a plaything when it is anything but.

It is in the responsibility of their parents or guardians to make sure that some products are fit for a child but sometimes, some products slip from quality control, making a product available for a child when it is unsafe, defective, or malfunctioning. Some products can be almost lethally hazardous in their defect and should that be the case, legal action is advised.

There are many products that are available for mass consumption that are designed for the use of a child. Some of these include strollers or specifically designed and constructed car seats. In moments of immediate danger, it is important that the child can be taken to safety at the first opportune moment. What if the car seat then refuses to open due to a malfunctioning lock? As unfortunate and unlikely this circumstance may be, it is more than possible; in early 2014, there was a major recall of car seats from Graco for this very problem. It isn’t just hypothetical as these scenarios are very real – and they could happen to you and your child.

Children cannot file their own lawsuits. For a legal matter concerning a child, it must be through a “next friend”, who is usually the child’s parent or legal guardian. Children cannot be blamed for the injury that comes to them if the incident was born due to an adult’s negligence. And a child is so much more susceptible to psychological trauma, ergo more likely to be shaped by unfortunate circumstances, than adults are. It is important that their rights be recognized and fought for by those who should know better.

If a product has developed a fault, the manufacturer of the product is liable to legal consequences that result from these defects. If you or someone you know has been made the victim of this unfortunate circumstance, it is advisable for you to seek out legal assistance immediately.

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Your Family Can Be Proud Of Your Personal Injury Case Success

Navigating personal injury situations can be difficult, particularly for those who have never death with a similar event in the past. The key to ultimate success is to find a great personal injury lawyer and work together with the to build an effective case through you can receive the compensation you deserve. Keep reading to learn more.

Find a bar association to help you locate a lawyer nearby. This is the best way to check an attorney’s reputation and track record in their community.

Contact your local state bar and ask whether they have any referral services with relevant recommendations. Of course, you still need to spend a few moments researching any referral that you receive. Check the recommendation’s background and qualifications prior to establishing contacts. This is a great way to find reputable professionals in the industry.

Be cautious in your dealings with insurance companies. You may have to come in contact with an insurer, so make sure to be on guard when this happens. The purpose of these businesses is to have the matter solved as fast as possible. Consider talking to a lawyer before agreeing to any settlement.

Finding the right lawyer for a personal injury case often means trying at smaller law firms. Big firms don’t put these type of cases high on their to-do list, so you may find that your case is handed down to lower level attorneys with little experience, leading to a less positive outcome.

Dealing with the aftermath of a personal injury event can be a truly wrenching experience. Hover if you know what to expect in such a case and are able to secure the services of a talented personal injury lawyer, your chances of success are far greater. The preceding article should have given you just what you need to get started.

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Expert Testimony in Medical Malpractice

Medical malpractice suits are filed in the U.S. against physicians at an average of 17,000 per year, a number that is said to be declining. This is partly because of tort reforms which limits the awards that a plaintiff can receive. It is also partly because medical malpractice suits more often than not end in favor of the medical professional.

One of the ways in which medical professionals have the upper hand is the requirement of the plaintiff to prove that there was a breach of the standard of care. This standard of care is automatic and expected whenever a medical professional takes on a patient for care and treatment. In most medical malpractice cases, such a determination may only be arrived at with the use of expert witness, who will be responsible with determining whether or not the medical practitioner was negligent.

An expert witness is one who has the knowledge and skills to qualify as a reliable source of a considered opinion on a particular case. In medical malpractice, the expert witness should have the qualifications in the relevant field to render an opinion that may be taken as fact. For example, if the case concerns issues related to neurosurgery, an expert witness should be a neurosurgeon on the same level as or higher than the defendant in terms of skill and experience. Mere academic qualifications are not enough. The expert witness must be qualified by the court based on established legal standards. He or she must have certifiable credentials and experience in the field. Numerous teaching positions or successful surgeries in the field in question help such an expert witness’s credibility.

It is common practice to have a hearing prior to court testimony of the expert witness to evaluate if the forthcoming testimony is reliable and relevant. Most courts use either the “gatekeeper” model (first used in Daubert v. Merrell Dow Pharmaceuticals) or the older Frye test (scientific consensus). In either case, the court will determine the value of the testimony in proving negligence before it is presented at trial.

Aside from the expert witness requirements, medical malpractice suits involve a massive amount of documentation, including medical records, depositions, motions, and research on relevant casework. If you have been injured because of the negligence of a medical professional, you certainly have the right to compensation. The first thing you should do is to consult with an experienced medical malpractice lawyer. The lawyer will determine if there is a good case at hand, and provide you with all the information you need to have to decide whether or not to pursue a case.

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Dealing with Bicycle Accidents

There has been a lot of legislation fuss made about motorcycles and cars because they are considered to be at considerable risk while on the road. Bicycle riders, on the other hand, are given very little attention under the law although they are particularly vulnerable not only when they share the road with motorcycles and cars but from the roads themselves. It takes very little to crash a bicycle, and some injuries can be horrific especially when wearing no helmet in an encounter with a larger vehicle.

When a bicycle accident has been caused because of the negligence of a third party and serious injuries result, the advice found on The Benton Law Firm’s website is that compensation from the at-fault party should be forthcoming. In order to take action against the negligent driver, an injured rider should know the steps in dealing with bicycle accidents.

The first thing you should do is to wait for the police to get to the scene to document the whole thing. This will provide you with the driver’s identity, put in your version of the events, and maybe even get the driver given a ticket. Do not try to negotiate for compensation with the driver; without the police report, he or she may deny everything.  Leave everything as it was at the time of the accident so it can be photographed in situ. Once the report has been taken, make sure to get a copy of the report which will also have the contact information of the driver and witnesses to the incident as well as vital insurance and vehicle information.

You should also note down details of the incident such as road conditions, the surrounding area, and the weather. If possible, make a scan of the scene with your portable device and record everything that happens in the aftermath. It would be ideal if you can get the driver to take the blame on camera.

Once you have everything documented, seek medical attention so that you can also officially document your injuries. Even if they seem minor, some injuries are more serious than they look; only a medical professional can decide if you need treatment. At the very least, you will have the medical records to prove you were injured and to what extent.

And before communicating with anyone or sending anyone anything, get a reputable bicycle accident attorney to handle your case. This way, you have a fairly good chance of getting the compensation you deserve.

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Consequences of a Car Accident

It is just too easy to imagine how bad the consequences of a car accident can be. A car is basically a hunk of metal with people in it traveling at high speeds. A collision with another hunk of metal, concrete, railing, tree, or another person at any speed higher than 25 mph and expect serious injury to occur. And yet most people blithely enter a car, fully expecting to get to their destination without a scratch, and with no thought of the 15.6 crash fatalities that occur for every 100 million vehicle miles travelled. The typical driver travels 13,476 miles a year, which means that in any one year, a car traveler has a one in 475 chance of being involved in a fatal car crash.

The human body is incredibly resilient, able to withstand quite a few knocks with little permanent damage. However, a car accident can be devastating because the car is a rigid structure, and any impact forces are transferred to the more pliant human bodies inside. Aside from the sudden deceleration that can lead to whiplash, concussion, and other types of brain injury, the typical car features knobs, sticks and other objects that can pierce, puncture, and pulverize any human body striking it on the aftermath of a collision. That is not even considering the effects of air bag deployments which can suffocate or badly injure a person if it goes off wrong.

Car accidents are one of the leading causes of death in the U.S., beating out death by firearms, infection and kidney failure. Even if not death, the injuries sustained are often so severe that victims find it necessary to apply for Social Security Disability (SSD) benefits. It is a given that there is always a risk of a car accident happening, but when it is caused by the reckless or negligent behavior of another person, it is far harder to accept. When this happens to you or to an immediate family member, you may have legal options that would help alleviate some of the financial problems associated with a car accident. Contact a personal injury lawyer to find out more.

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