New Mexico Injury Lawyer Blog

On August 5, 2015, workers for the U.S. Environmental Protection Agency (EPA) caused the release of 3 million gallons of heavy metal contaminated wastewater while attempting to enter the defunct Gold King Mine in Southern Colorado.  This release of toxic wastewater ultimately flowed into the Animas and San Juan rivers, causing the water to turn orange.  Communities and individuals in Colorado, New Mexico, Utah, and neighboring areas were affected.  While the EPA has taken full responsibility for this environmental disaster, businesses, families, and individuals are still suffering from losses caused by the toxic spill.

If you lived near the Animas or San Juan rivers and you suffered damages as a result of the Gold King Mine Spill, you may be able to collect compensation for your loss from the EPA.  Property damage, personal injury, or loss of income, related to the spill, may include:

  • Loss of crops
  • Costs from hauling in water
  • Well contamination
  • Loss of cattle/livestock
  • Illness from water ingestion
  • Business loss due to river closure

The full extent of the damage caused by this toxic spill is still unknown, but high concentrations of arsenic, lead, mercury, and other heavy metals were detected in the wastewater.  Individuals and businesses along the Animas and San Juan rivers that rely on either river for their livelihood and/or business may have a case.

Free conferences are planned for the future in both Farmington, New Mexico and Durango, Colorado to discuss potential claims with clients.  Please fill out a contact form or call the Branch Law Firm if you or someone you know has suffered damages as a result of the Gold King Mine Spill.  We have experienced lawyers and knowledgeable support staff that can help you.

In order to prevent dangerous blood clots from moving into the lungs and causing pulmonary embolism, surgeons implant patients with IVC (inferior vena cava) filters. IVC filters are retrievable, wire devices designed to catch blood clots in the blood stream before they migrate to the lungs, allowing for dissipation of the clots over time. These filters are also noted for helping prevent strokes and other life-threatening events in patients.

Since 2005, the FDA has received hundreds of reports about adverse effects from implanted IVC filters, including filter migration, filter fracture, and punctured blood vessels and organs. Taking note of the reported risks of migration, fracture, and perforation, the FDA issued a warning about IVC filters in 2010, suggesting that the devices should be retrieved from patients as soon as the risk for blood clots decreased.
The risks posed by an IVC filter escalate the longer the device remains in the body, since the likelihood of device fracture increases with time. Metal extremities of the IVC filter can break and ultimately find their way to the heart or lungs of the patient. Problems that may be associated with the use of an IVC filter are:

• Filter migration
• Filter fracture
• Tilting of the filter
• Inability to retrieve the filter
• Perforated blood vessels and organs
• Pulmonary embolism
• Respiratory problems
• Stroke
• Death

IVC filters manufactured by C.R. Bard and Cook Group, Inc. have been involved in lawsuits. Three brands of IVC filters that have been noted for causing adverse effects in patients are:

• Bard Recovery filter
• Bard G2 filter
• Bard G2 Express filter

If you or a loved one has been implanted with an IVC filter and experienced problems, you may have a case.

Please fill out a contact form or call the Branch Law Firm if you or someone you love has suffered complications after being implanted with an IVC filter. We have experienced lawyers and knowledgeable support staff that can help you.

There are many steps to take when holding a negligent party responsible for their actions. You must act quickly and diligently to maintain your rights in order to be fully compensated for serious injuries and/or loss of life as a result of a trucking collision.
Please review and keep in mind the following information regarding your trucking collision.

If you have not already retained a highly qualified tractor trailer collision lawyer, please find the following information helpful when moving forward with your potential claim.
The more evidence gathered will assist you and/or your attorney in building a claim against the tortfeasor i.e. responsible party. The below items are important:

-Department of Transportation reports
-Log books
-GPS tracking
-Identification of any and all witnesses and their statements

This information is not intended to create an attorney-client relationship. If you need an experienced lawyer to review your claim, please call the Branch Law Firm and we will provide you with a free consultation.

If you or a loved one were involved in a trucking collision while traveling through or in New Mexico please call the Branch Law Firm at 1-800-828-4529 or 505-243-3500 or fill out the form located on this page. We look forward to assisting you.

Use of talcum powder in the genital region causes particles of talc to enter the vagina and travel to the uterus, fallopian tubes, and ovaries. The particles reach the ovaries and cause significant irritation that leads to cancer.

The first study linking talcum powder and ovarian cancer was published in the 1970s, when researches who examined cancerous ovarian tissue discovered talc fibers. Since that time, several other studies have shown an association between frequent use of powder and ovarian cancer. Medical journals have said the following about the causal connection:

• WebMD. “The use of talc may increase the risk of ovarian cancer. Talcum powder dusted on the perineum (the area between the vagina and the anus) may reach the ovaries by entering the vagina.”

• Journal of Cancer Prevention Research. “Genital powder use has been associated with risk of epithelial ovarian cancer in some…epidemiologic investigations, possibly reflecting the carcinogenic effects of talc particles found in most of these products.”

• Cancer Prevention Research: Use of talcum powder in the genital area associated with a 20-30% increased risk of ovarian cancer.

If you or a loved one used talcum powder for over five years and developed ovarian cancer, you may have a case.

Please fill out a contact form or call the Branch Law Firm if you or someone you love has developed ovarian cancer and after frequent use of talcum powder. We have experienced lawyers and knowledgeable support staff that can help you.

The FDA safety communication issued a warning to the general public and the medical community that the agency is monitoring the side effects of SGLT2 inhibitors to determine whether changes need to be made in the prescribing protocol of the drug. The FDA wants patients to report any unusual side effects after starting the drug therapy to their doctors. Also it urges medical providers and patients to report those side effects to the agency’s MedWatch program so the FDA can continue to monitor the possible dangers associated with the drug.

FDA Warning

If you or a loved has experienced a harmful side effect while taking Invokana, you may be eligible to file a lawsuit. The lawyers at the Branch Law Firm are currently investigating claims that the inhibitor Invokana may be linked to an increased risk of ketoacidosis, heart failure and possible stroke.

Please call the Branch Law Firm at 1-800-828-4529 so one of our experienced Invokana attorneys may review your claim.

As anticipated, last week the Food and Drug Administration (FDA) issued an order requiring more studies on the risks of transvaginal mesh by manufacturers. Transvaginal mesh – also referred to as vaginal mesh and pelvic mesh – has come under fire after years of reports linking serious injuries to the devices. In September, an F.D.A. advisory panel recommended that such studies be required.

Transvaginal mesh is a medical device primarily used to treat pelvic organ prolapse and stress urinary incontinence. Over the years, significant problems have been reported to the FDA including:

• Vaginal mesh hardening
• Infection
• Vaginal pain
• Vaginal mesh erosion, protrusion and extrusion through the vagina
• Organ injury
• Pain during intercourse

If you or a loved one has had surgery utilizing the transvaginal mesh and experienced injuries, it’s important to speak with an experienced New Mexico products liability attorney who is familiar with vaginal mesh complications.

The FDA first reported problems with the mesh in 2008, but stated that such problems were rare. However, in the time span from 2008 to 2010, the increase in adverse events related to the mesh increased 10-fold, leading to the most recent warnings. According to reports, in 2010 about 185,000 women underwent treatments using the medical device and about 15% of those women treated with vaginal mesh experienced complications. A study published in the journal Obstetrics and Gynecology also determined that the mesh did not provide any greater benefits than the traditional method using a patient’s own ligaments.
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A recent report published by a California firm has concluded that many consumer products contain a form of asbestos called tremolite asbestos. Tremolite asbestos is a non-commercial form of asbestos and like all other types of asbestos, carries the risk of asbestosis, lung cancer and malignant mesothelioma. Although the greatest risk of developing one of these diseases applies to people who work in asbestos mines or live near them, tremolite asbestos also poses a risk to consumers of developing mesothelioma.

If you have been exposed to asbestos and have been diagnosed with one of these diseases or conditions, it is important to consult with a New Mexico asbestos attorney who can provide your family crucial advice. In many cases, you may be entitled to recover compensation for your injuries.

According to the California study, well-known occupations with a risk for asbestos exposure such as career auto mechanics have an estimated risk of exposure to tremolite of 0.028 f/cc per year. Surprisingly however, consumers who regularly use items such as potting soil or other gardening products are exposed to a higher amount of tremolite asbestos – 0.034 f/cc per year. Even though this risk may be less than that of asbestos miners, enough asbestos exists in consumer products for concern. Further, the more asbestos-containing products a consumer uses regularly, the greater their lifetime risk of developing life-threatening diseases such as asbestosis and mesothelioma. Researchers estimate that every year 2500 – 3000 people in the U.S. are diagnosed with mesothelioma.
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The Food and Drug Administration (FDA) has recently issued documents recommending that birth control pills such as Yaz should contain additional warnings concerning the risk of blood clots. The FDA noted that patients and doctors should be informed about the risks. A statement from FDA scientists provides, “We believe that, because of the consistency in recent reports for an increased risk, product labeling should reflect that very real possibility.”

A predecessor to Yaz, Yasmin, was the first birth control pill using drospirenone, a new form of progestin. In 2006 Yasmin was reformulated and sold as Yaz. Although it was originally thought to have fewer side effects than older contraceptives, Yaz has now been shown to have a higher risk of blood clots than earlier types of birth control pills.

If you or a loved one has taken Yaz or other birth control pill containing drospirenone it is important to speak to a New Mexico Yaz attorney to determine your next steps. Birth control pills such as Yaz, Yasmin or Ocella have been associated with several side effects in addition to blood clots including:

• stroke
• heart attack
• gallbladder disease

The FDA will also ask a panel of experts to provide advice whether the drug is too dangerous for some women to take.
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A recent report issued jointly by the American College of Obstetricians and the American Urogynecologic Society details vaginal mesh recommendations, including that the mesh should only be used for certain high-risk women. The safety and efficacy of the synthetic mesh, also known as transvaginal mesh or bladder mesh, has been called in question, making its use only beneficial for a small percentage of women where the benefits outweigh the risks.

Vaginal mesh has been used for the treatment of pelvic organ prolapse, condition where the pelvic muscles become torn or stretching, causing the pelvic organs to “drop down and bulge” into the vagina. More the 350,000 women have surgery to correct this problem each year. In the past, vaginal mesh has been used to repair POP. However studies have shown that the mesh has cause serious complications such as pain, infection, and protrusion through the vagina, often necessitating additional surgeries. In fact, according to one report “a small but significant group experience permanent and life-altering problems, including pelvic pain and painful sexual intercourse because the mesh erodes through the vagina wall.”

If you or a loved one has had surgery implanting the vaginal mesh and experienced complications, it is important to consult with an experienced transvaginal mesh attorney. Those injured as the result of this dangerous medical device may be entitled to compensation for their harm. A knowledgeable transvaginal mesh lawyer can advise you concerning your rights and provide critical guidance about your next steps.
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In an effort to remove asbestos, a dangerous mineral shown to cause cancer when inhaled, many companies and building owners hire “asbestos abatement” professionals to help remove the toxic substance. Numerous buildings throughout the United States and New Mexico still contain asbestos, often used in insulation and other building materials. Further, homes built as late as 1986 may still have asbestos in their ceilings. If the asbestos is contained, it’s potential risks are low, however, if the fibers can become dislodged and inhaled, individuals face dangers of developing one of the diseases associated with asbestos exposure such as mesothelioma, lung cancer or asbestosis.

If you or a loved one has been exposed to asbestos and have been diagnosed with an asbestos related disease, it is important to speak with a knowledgeable Albuquerque mesothelioma attorney. Many times, you may be entitled to compensation for your injuries.

A recent under cover asbestos investigation revealed that now workers involved in the asbestos -abatement field are facing dangers and risks from asbestos exposure. A college student -Ernest Ojito – started working in a construction job as a way to make money for his tuition, but left his job due to dangerous working conditions. He alleges violations at six different companies, including providing little or no protection for workers, potentially exposing them to asbestos dust. Federal law requires workers be provided with proper masks and decontamination showers to wash away asbestos.
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