Ferrer, Poirot & Wansbrough | Injury Law Blog
September 16th, 2014
Medical device manufacturers have a responsibility to ensure the safety of the products they bring to the market. Failure to do so can result in costly legal action—including one Texas transvaginal mesh lawsuit that resulted in a $73 million award for the victim.
Court documents indicate the 42-year-old victim had transvaginal mesh implanted into her body four years ago to help relieve a urinary leak. But the device failed and led to the woman suffering permanent nerve damage and almost constant pain.
She filed a lawsuit claiming Boston Scientific, the company that created and distributed the Obtryx sling, had wrongfully marketed a faulty product. A jury agreed and awarded the victim $23 million in compensatory damages to cover pain and suffering and her medical and legal bills. Reuters explains the jury then awarded another $50 million in punitive damages.
This was the first of roughly 23,000 lawsuits against Boston Scientific related to their transvaginal mesh devices. Other trials are scheduled to begin in October.
At Ferrer, Poirot & Wansbrough, our team of defective medical device attorneys are aware of how difficult it can be to overcome the harm caused by a faulty medical device. That’s why we’re hopeful the decision reached in this case will bring a sense of closure to the victim.
September 9th, 2014
Football season is upon us again, and for many players, parents, and coaches, so is the concern over concussions and other traumatic brain injuries (TBIs). While there are many actions that can be taken to prevent these injuries, the drug injury attorneys at the law firm of Ferrer, Poirot & Wansbrough would like to remind the public that taking a workout supplement is not one of them.
The U.S. Food and Drug Administration (FDA) recently stated some companies have begun marketing “untested, unproven, and possibly dangerous” products that are said to help prevent, treat, and even cure TBIs.
The problem came to light after the agency discovered a company marketing a product as an effective way to cut the recovery time after suffering a TBI. The product was even endorsed by a player in the National Football League. The FDA took action to prevent the company from continuing to market the product, but officials say preventing the use of these products comes down to public awareness about workout supplement health risks.
The FDA is asking athletes to avoid using supplements as a means of treating a TBI. Instead, the agency says seeking medical attention from a doctor and taking plenty of time to recuperate is the best way to treat a TBI. Athletes can also prevent TBIs by using proper technique when playing.
September 2nd, 2014
Each year, hundreds of thousands of patients become drug injury victims or are harmed by defective medical devices. Most experts agree that more transparency within the medical field is one of the best ways to reduce the number of adverse health events patients suffer due to negligence or error. This is why the U.S. Food and Drug Administration (FDA) has launched a new database known as OpenFDA.
Officials say the database, which currently holds more than 3 million documents, gives the public access to reports and records regarding incidents of patient harm. While OpenFDA is still in it’s testing phase, many believe the information provided will lead to faster action being taken when problems with specific medical products are identified.
The new system will also create a more efficient means for data to be analyzed by researchers, providing a greater insight into focused areas of medicine.
At Ferrer, Poirot & Wansbrough, our drug injury attorneys are excited about the FDA’s new system and are hopeful that it’s successful in providing a greater scope of information about the medical industry to the American people.
August 26th, 2014
Medical supply giant, Johnson & Johnson, reached a $2.5 billion settlement with thousands of Americans harmed by defective medical products marketed by the company. Now, payments from the settlement are being made to the victims.
Problems with the DePuy ASR hip implant began were first reported 2010 when patients began to experience premature failures of the devices. Examinations determined friction from the metal-on-metal parts of the device were causing inflammation and pain for patients and also a condition of heavy metal toxicity, known as metallosis.
More than 8,000 hip recall lawsuits were filed in connection with the devices, which means the settlement will an average settlement award of $200,000 to many claimants. Those with extraordinary injuries or conditions can apply for more compensation later.
According to an article from MarketWatch, payments are only being made to claimants who underwent revision surgery prior to Aug. 2013. Claims from those who have not underwent corrective procedures or underwent corrective surgery after Aug. 2013 are still open.
At Ferrer, Poirot & Wansbrough, we hope the payments bring a sense of closure to the victims.
August 19th, 2014
Records indicate that as many as 25 million American men may have used a medication known as sildenafil citrate—better known as Viagra®—to treat conditions of erectile dysfunction or pulmonary hypertension. What they may not realize though is that using the drug could put them at risk of developing certain cancers.
A study released by The Journal of the American Medical Association examined the medical records of more than 25,000 men, including those who had used Viagra and those who had not. Other factors that were examined pertaining to Viagra skin cancer risks included sun exposure and family history. Researchers were able to conclude from their findings that users of Viagra were linked to an 84 percent increase in the chances of developing melanoma, an aggressive form of skin cancer.
If you’ve developed skin cancer after using Viagra, it may be wise to have a drug injury attorney examine your case. The legal team at Ferrer, Poirot & Wansbrough is currently conducting such investigations.
A press release from Market Wired explains we believe men who have developed cancer—even after taking just one dose of Viagra—may be entitled to compensation. We have more than 30 years of experience helping people injured by prescription medications, and we’re here to answer questions about your legal rights. Call (866) 589-0257 to learn more about how we can help.
August 12th, 2014
The environments where we live and work can have a significant impact on our health. Some experts contend that personal injury lawyers and the civil justice system play a large part in educating the public about environmental dangers.
The American Association for Justice states that three of the most common environmental injuries include:
- Air Pollution- Research shows as many as 50 million Americans live in environments with poor air quality. The heavy metals, chemicals, and toxins expelled from large factories and plants cause much of this pollution. The Clean Air Act was passed to prevent such atrocities from happening, but each year attorneys continue to fight with companies in violation of these laws.
- Contaminated Water and Land- More than 49 million Americans live in areas where water and soil contain unsafe materials. While there are as many as 23,000 violations of the Safe Drinking Water Act each year, the federal government only holds 3 percent of violators responsible accountable for their actions.
- Toxic Chemicals- Many American workers continue to be exposed to toxic chemicals in industrial environments, and environmental injuries caused by exposure can sometimes take years to develop. For example, some workers develop Mesothelioma decades after exposure to asbestos.
It’s important for those whose lives have been affected by environmental hazards to know that help is available. At Ferrer, Poirot & Wansbrough, we can help you get back on your feet by guiding you through the processes that are necessary to secure you the compensation you deserve for your injury or illness. Contact us today to discuss your case.
August 5th, 2014
Even with technology and safety advances in the medical industry, patients continue to suffer injuries from negligent care. In fact, estimates show that as many as 98,000 people die per year as a result of medical mistakes that are made in hospitals.
This leaves many citizens wondering what the most common types of medical errors are. The American Association for Justice has outlined the three mistakes that are most common:
- Surgical Errors- These mistakes often include doctors or surgeons performing procedures on the wrong parts of patients’ bodies. Equipment left in the body also qualify as serious surgical errors, as does the negligent use of medical products or tools.
- Drug Injury- Instances where patients receive the wrong drug are all too common, but they don’t happen as regularly as patients being assigned the wrong dosages of the right medications.
- Infection- Data indicates as many as 2 million patients develop diseases from exposure at medical facilities.
At Ferrer, Poirot & Wansbrough, our team of drug injury lawyers has seen the devastating results medical errors can have on the lives of patients and their families. That’s why we encourage anyone who has suffered such harm to discuss their legal rights with a qualified legal representative.
July 29th, 2014
There’s a stigma in the United States certain body types are less attractive. This leads many to use weight loss products and drugs to achieve their desired body shapes. Unfortunately, using these products can lead to adverse health events.
Studies link Primary Pulmonary Hypertension (PPH) to the use of certain appetite suppressants. This condition can cause patients to experience high blood pressure in the main artery that runs to the lungs, leading to a variety of health problems and even death. There is no cure for the disease, and it gets worse with time.
The American Lung Association lists some of the most common symptoms associated with PPH as:
- Heavy Breathing
- Chest Pain
- Coughing Blood
Some of the medications linked to this condition include:
The drug injury attorneys with Ferrer, Poirot & Wansbrough have seen the devastating results of drug injuries caused by weight loss medications and encourage citizens to use caution and talk to their doctors before trying any new medications, drugs, or supplements.
July 22nd, 2014
The U.S Food and Drug Administration (FDA) recently launched a database to create better access to the agency’s plethora of data. Now, the FDA has stated they have expanded the system to include vital information about faulty products, such as defective medical devices and dangerous medications.
According to a press release from iHealthBeat, the OpenFDA system will now feature several million reports on product recalls and their related adverse health events. The hope of adding these files is to improve transparency of the data collected by the federal government to improve manufacturer accountability and reduce the number of injuries, illnesses, and deaths caused by faulty products.
So far, the OpenFDA is being hailed as a success and has already been accessed by as many as 18,000 mobile devices with more than 2.4 million API calls.
The new system has also sparked engagement with the public, spawning a new website dedicated to answering questions regarding defective products that are recalled.
The drug injury attorneys with Ferrer, Poirot & Wansbrough are aware of the importance of the public having access to information about recalled products and are excited to see this new system give Americans the ability to retrieve such data at the touch of a button.
July 15th, 2014
Many believe prescription drugs present a greater risk of drug injuries than over-the-counter medications, but both types of medications can be equally dangerous.
For instance, the U.S. Food and Drug Administration (FDA) recently issued warnings regarding the risks of giving a baby numbing agents when they are teething. Experts say these products—which can be purchased over the counter—contain anesthetic ingredients that can cause children to experience adverse health events.
Side effects of overdose associated with numbing agents in babies include:
- Vision Troubles
- Sleeping too easily
In response to these dangers, the FDA has suggested parents with teething children refrain from using numbing agents on their children and instead suggest using more traditional options for your child’s chewing, such as teething rings and cold, clean washcloths.
At Ferrer, Poirot & Wansbrough, we understand that dangerous drugs come in many forms. That’s why we suggest seeking legal representation if you’ve been harmed by a medication.
Our team of drug injury attorneys is here to speak with you about your case 24/7 by calling (866) 589-0257.