Recently in Personal Injury Category

July 3, 2010

Chondrolysis linked to intra-articular infusions

Medical Article Published in June of Nursing2010 by Joan Ferlo Todd, RN. Article discusses the injury caused to people who have underwent shoulder arthroscopy. Click on the link to read the full article: FDA Alerts and Notices :Harmful Medical Devices.

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June 29, 2010

DANGEROUS DRUG - Reglan

Reglan is a presciption drug pushed by pharmaceutical companies to patients to treat Gastroesophageal relfux (GER) Gastroesophaegeal reflux disease (GERD). Many studies dating back from the 1970s, have shown that Reglan is ineffective in resolving GER and GERD. A 2006 study published in Nature Clinical Practice: Gastroenterology & Hepatology concluded that "the evidence base for the use of [metoclopramide for GERD] is weak, with little or no sustained effect on acid exposure or healing of esophagitis." The studies also indicate patients suffer from irreversible side effect if used for longer than a 12 week period called Tardive Dyskinesia. TD is a tragic life-long medical condition that causes involuntary and abnormal body movement.

TAKE ACTION

If you or a loved one has taken Reglan and have experienced any of the harmful side effects listed below please seek the help of the Branch Law Firm. Fill out a contact form or call us today so that we can conduct a thorough evaluation of your Reglan use and any damaging or irreversible symptoms that you have experienced.

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June 21, 2010

Traumatic Brain Injuries In Thousands of Troops Go Undiagnosed

Recent studies have revealed that the military medical system has failed to diagnose traumatic brain injuries (TBI's) in hundreds, if not thousands, of troops who served in Iraq and Afghanistan. Many times, these individuals receive little or no treatment for the effects of these debilitating injuries.

TBIs from the war are often mild and occur as the result of shock waves from roadside bombs which shake through soldiers skulls and brains, similar to a TBI caused by a car accident, resulting in both physical and mental injuries. Officials estimate about 115,000 troops have suffered TBIs, but others say the figure is much higher.

Even mild TBIs can lead to long-term problems such as

• Lapses in memory and cognition
• Difficulty concentrating
• Problems with coordination
• Emotional issues
• Dizziness

However, unlike car accident victims who are often monitored for head injuries, even when TBIs are diagnosed in troops, the information may not be officially documented and the soldiers fail to receive adequate treatment.

If treated early on, the effects of a traumatic brain injuries can be lessened, and help improve both memory and decision-making. If left untreated though, symptoms can worsen to the point where victims can no longer drive, understand what they've read or recall much of their past.

Continue reading "Traumatic Brain Injuries In Thousands of Troops Go Undiagnosed" »

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June 7, 2010

Medical Malpractice Highest in July

Preventable medical errors are the sixth biggest killer in America and account for an estimated 98,000 deaths in the United States each year. A new study has found that the number of medical mistakes per month is fairly steady - except for in July when the error rate goes up nearly 10 percent.

This increase in medical error rate also corresponds to the influx of newly graduated doctors who are admitted to work in teaching hospitals. The study finds 'the great the number of teaching hospitals, the greater the July Effect for ..[fatal] medication errors." Much anecdotal evidence supports the so-called "July Effect, " but this is the first study to provide concrete results. One of the disturbing conclusions found significantly higher numbers of deaths due to medication error, even when resident's hours were decreased.

As New Mexico medical malpractice attorneys, we believe medical errors by should never occur. Now evidence shows that July - when new doctors receive training by working on us - is an even more frightening and dangerous time to head to the hospital. Hospitals must do more to ensure our safety.

Continue reading "Medical Malpractice Highest in July" »

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May 17, 2010

Medical Mistake Puts Hundreds of New Mexicans At Risk

According to KOAT.com, Albuquerque News, dozens - if not thousands - of patients could be at risk for contracting disease. As part of a physician assistants program, students from the University of New Mexico School of Medicine provided free blood glucose tests to attendees of the American Indian Week Pueblo Days. Over 1600 individuals from around the world were in attendance. KOBTV4 reports that it's likely those who conducted the tests were untrained and used the wrong type of device to do the tests, consistently using the same needle over and over.

Because no records were kept, it is unclear just how many people were affected by this medical mistake. As a result of the failure to change the needles on the devices, those who received the test may be at risk for Hepatitis B, Hepatitis C and even HIV.

Studies show that preventable medical errors kill as four times as many people as the lack of health insurance. The eye opening Hearst Investigation, "Dead by Mistake" found that close to 200,000 people per year die from medical errors and infections in the United States. Medical malpractice is a national epidemic, one that affect patients of every state, age, and income level, with nearly 2 million Americans dying needlessly of preventable medical mistakes. It's not just the untrained who commit these errors, it happens at prestigious hospitals, at clinics, at doctors offices.

Continue reading "Medical Mistake Puts Hundreds of New Mexicans At Risk " »

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May 10, 2010

Albuquerque Motorcycle Crash On Dangerous S Curve Underscores Need For Safety Improvements

Albuquerque's "S Curve" - the section of Universe Boulevard near Volcano Vista High School has long been known as a dangerous stretch. Sunday night's motorcycle crash, which occurred when a motorcyclist crashed into an SUV at the curve, re-ignited the debate between Albuquerque Public School and city officials over when the improvements will be made.

The curve is a dangerous stretch. It's heavily traveled - located close to an elementary school, middle school, a high school and soccer fields. It is also poorly lit and cars can have difficulty staying in one lane while negotiating the turn. If a driver fails to maneuver properly, he or she can easily end up in a head-on collision with another vehicle traveling the opposite direction. A crash can happen in an instant, but the injuries may last a lifetime.

Sunday's accident underscored the need for safety improvements along this road - including better lighting and improved signage. School board officials clashed with the Mayor's office over when these improvements will be made. Hopefully, the changes will come soon.

The S curve accident is a critical reminder that road conditions - including their design and maintenance can be significant factors in causing car accidents. As a result, those responsible for the design and maintenance, may be held liable for injuries received in automobile, trucking and motorcycle accidents, significantly affecting the compensation an injured party may recover.

Continue reading "Albuquerque Motorcycle Crash On Dangerous S Curve Underscores Need For Safety Improvements " »

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March 22, 2010

New Mexico Car Accident Ends Tragically

In a tragic car accident this past weekend, a 19-year-old Iowa man was killed and five others critically injured when the car they were riding in overturned on westbound interstate 40 near Santa Rosa.

The five injured students were flown to the University of New Mexico Hospital with critical injuries, including possible head and brain injuries.

According to the Santa Fe New Mexican, the driver drove into the median, then overcorrected causing the 2003 Saturn to slide. The Saturn hit the median again and flipped over, ejecting 4 of the passengers. No one was wearing a seat belt.

Car crashes can happen in an instant, and can alter the course of one's life forever. One of the most serious and devastating injuries that can result from a serious car accident is a traumatic brain injury ("TBI").

A TBI is a severe blow or jolt to the head that disrupts the function of the brain. TBI's range from mild to severe. Severe injures include extended periods of unconsciousness or amnesia following the injury and can lead to short or long-term problems such as:

• Difficulty thinking
• Difficulty with language and learning
• Emotional issues

Further, TBIs have been shown to cause epilepsy and increase the risk for other conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders which become more common with age.

Continue reading "New Mexico Car Accident Ends Tragically" »

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March 16, 2010

New Mexico Personal Injury - How Insurance Companies Strategize To Minimize Payouts On Your Claims

When accidents happen, many victims look to their insurance companies for the compensation they deserve. Unfortunately, many times those same insurance companies employ strategies to deny paying individuals the compensation rightfully due. In fact, insurers are paying out lower claims, charging higher premiums and reaping greater profits than at almost any time in history.

In some instances, insurance company strategies rise to the level of bad faith, where the company fails to honor a legitimate claim for unfair reasons. Too often bad faith occurs after you've already suffered a serious accident or injury and the insurance company's failure to pay only serves to make your bad situation, worse, in an attempt to earn a profit. Those insurers who commit bad faith often assume that their customers lack the resources or desire to fight back.

Bad faith affects all types of insurance policies, including disability, life, homeowner, automobile and accidental death.

Different strategies and insurance companies employ to minimize payouts or avoid payment altogether include:

• Denying benefits that should be paid
• Misleading an insured into entering into an agreement without the intention of
honoring claims
• Failing to promptly and thoroughly investigate a claim
• Refusing to pay full benefits
• Unreasonable delays in payment
• Interpreting the language of the insurance policy in an unreasonable and
unfavorable way
• Failing to defend a suit against the insured

Continue reading "New Mexico Personal Injury - How Insurance Companies Strategize To Minimize Payouts On Your Claims" »

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February 8, 2010

Harvard Study Links Avandia To Increased Risk of Heart Attack

A soon to be published report by the American Diabetes Association has found that the number of heart attacks by diabetic patients who took Avandia is double that of those who took a different oral diabetic medication. In the study, Harvard University researchers analyzed clinical data from more than 26,375 patients from 2000 to 2006 in the Boston area who took at least one oral diabetes medication. Of these patients, the incidence of heart attack among Avandia users was more than double that of those who used a different drug.

Further, a jointly sponsored study by both GlaxoSmithKline and i3 Drug Safety showed that diabetic patients who took Avandia had a 35-41% increased risk of heart attack over users of Actos, Avandia's main competitor.

These findings reinforce the claims of thousands of former users - that Avandia causes serious illnesses and complications, including heart attack and death, within an already vulnerable population. In fact, over 13,000 former Avandia users have filed claims against GlaxoSmithKline in both Federal and State court as the result of significant illnesses and complications.

However, despite these known, life-threatening dangers associated with Avandia, GlaxoSmithKline still continues to market and sell the drug, placing thousands of people at risk. This is unacceptable.

Continue reading "Harvard Study Links Avandia To Increased Risk of Heart Attack" »

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February 1, 2010

New Mexico Medical Devices - Studies Link Pain Pumps To Cartilage Deterioration

On January 22, an Oregon jury awarded a chondrolysis patient nearly $5.5 million in compensation. According New York Times, more than 150 such lawsuits are currently making their way through the court system.

Chondrolysis is a rare ailment in which joint cartilage dies, resulting in bone grinding on bone. Many times this surgery affects athletes, ending their athletic careers and leaving them with a lifetime of pain and disability.

Litigation against pain pump manufacturers, pharmaceutical companies and physicians using the pumps has exploded recently as more and more patients are discovering injuries attributable to the use of pain pumps during surgery. The pumps deliver controlled doses of pain medication directly to the surgical site, and often eliminate the need for post-surgical pain medication.

Findings suggest using these pain pumps in surgery causes shoulder joint cartilage to break down, resulting in pain and loss of mobility.

In November, the FDA issued a bulletin stating that it had never approved the use of shoulder pain pumps directly with joints. Doctors counter this, arguing that labels on pain pumps were vague and labels did not specifically warn against use of pain pumps in the joints.

Continue reading "New Mexico Medical Devices - Studies Link Pain Pumps To Cartilage Deterioration" »

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January 24, 2010

New Mexico Defective Products - Crib Recalls Escalate

Less than a month into 2010, the Consumer Product Safety Commission has already recalled dozens of products - including a massive crib recall of 635,000 Dorel Asia Cribs. The recall came after reports of 10 separate injuries and one infant death as a result of being trapped and strangled by a defective crib. The Dorel Asia crib's drop side hardware can fail, causing the drop side to detach and allow a gap between the crib and mattress where an infant or toddler can become trapped, suffocated or strangled.

With 20 different models being sold at stores throughout the United States, including Walmart and Sears, the potential for more serious injuries and deaths is widespread.

The recent recall is but the latest in a long list of crib recalls. In fact, more than 5 million cribs, bassinets and play yards have been recalled since 2007. These include such popular cribs as the Simplicity Drop Side Crib, Babi Italia Pinehurst and Delta Enterprise Drop Side Cribs, Stork Craft Baby Cribs and Convertible Cribs by Playkids, USA.

As a result of the dangers presented by cribs and bassinets, it's crucial to check resources such as the CPSC's crib information center to see if the crib, bassinet or play yard in your nursery is on the recall list.

Continue reading "New Mexico Defective Products - Crib Recalls Escalate" »

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January 13, 2010

New Mexico Dangerous Drugs - Wyeth v. Levine Should Apply To Generic Drugs

In a victory for consumers, last Friday the Fifth Circuit Court of Appeals agreed with the lower court that individuals may sue generic drug makers in state court for the "failure to warn" consumers of of potentially dangerous side effects from taking their drugs. This decision shadows last March's Supreme Court decision in Wyeth v. Levine, which held that federal law did not pre-empt state law failure to warn claims against pharmaceutical companies.

The U.S. Fifth Circuit of Appeals joins a handful of federal district courts that have extended Wyeth v. Levine to cover generic drugs. However, the issue has divided a "rapidly growing" number of district courts which may increase chances of Supreme Court review.

The Tenth Circuit Court of Appeals has not yet weighed in on whether Wyeth v. Levine extends to generic drug manufacturers.

However, as dedicated personal injury attorneys concerned about dangerous drugs, we believe that the right to sue in state court for the failure to warn must apply equally to generic drugs as it does to their name brand counterparts. Any other conclusion would lead to inconsistent results and unjustly deny recourse to those who suffer dangerous side effects as the result of taking generic drugs.

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January 4, 2010

Government To Study Effects Of Toxic Burn Pits In Iraq And Afghanistan

Changing his previous stance, Dr. Craig Postlewaite, the U.S. military's senior health protection official has recently admitted that some "service members might suffer long-term medical problems as a direct result of exposure to smoke and fumes from open-air pits scattered throughout Iraq and Afghanistan."

Further, after repeated denial by the U.S Military of any ill effects of burn pit exposure, now comes word that the Department of Defense has finally agreed to study burn pit exposure impact.

"Burn pits" are open-air pits which burn everything from shoes to tires to body parts, exposing anyone nearby to harmful toxins including arsenic, formaldehyde and hydrogen cyanide.

Inhaling burn pit smoke has been linked to acute health effects including rare blood disorders, cancer, eye irritation, pulmonary and respiratory ailments. The DOD study comes on the heels of several lawsuits attacking Halliburton and KBR for their use of these pits. In fact, 32 lawsuits in 32 states have been filed across the country alleging injuries to our service people and military contractors as a direct result of exposure to burn pit emissions in Iraq and Afghanistan.

President Obama has vowed that the burn pits will not become another Agent Orange.

Continue reading "Government To Study Effects Of Toxic Burn Pits In Iraq And Afghanistan" »

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December 27, 2009

New Mexico Medical Device Law - Passing The MDSA Is Crucial To Patient Safety

The Medical Device Safety Act of 2009 (the "MDSA") is one of this year's top pieces of consumer rights legislation. This crucial legislation seeks to protect patients from dangerous and defective medical devices by reversing the effect of the Supreme Court's ruling in Riegel v. Medtronic. Riegel provides blanket immunity from liability to some medical device manufacturers if those devices have received pre-market approval by the FDA. Those immune from liability include manufacturers of replacement heart valves, silicon breast implants and pace-makers.

As a direct result of Riegel, many medical device recipients have been denied the opportunity to seek compensation for injuries, lost wages and medical expenses when harmed by defective medical devices or inadequate warnings.

If passed, the MDSA would restore injured patients' rights to seek justice in the courts when medical devices have failed.

As New Mexico medical device safety attorneys, we believe it is critical that Congress act to protect the safety of consumers and support the MDSA. Serious - sometimes fatal - injuries occur as a result of defective medical products. These products may be placed in the stream of commerce, and into our bodies, without sufficient safety studies. Consumer lawsuits are necessary to hold manufacturers accountable for their dangerous products.

Passing the MDSA will put safety and consumers first.

Continue reading "New Mexico Medical Device Law - Passing The MDSA Is Crucial To Patient Safety" »

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December 14, 2009

New Mexico Nursing Home Abuse - Check In On Your Loved Ones This Holiday Season

Last month a former nursing home caretaker - Anthony Joseph Garcia was sentenced to 5 ½ years in jail for beating a man in his care. A subsequent investigation performed after the beating revealed that Garcia had a lengthy criminal record including three prior felony and rape charges.

By law, nursing homes are required to perform background checks prior to hiring caretakers. If a caretaker has been convicted of a felony, he or she is prohibited from working at a nursing home.

While it is unclear whether a pre-employment screening was conducted, Mr. Garcia slipped through the cracks. His job gave him access to the residents, where he severely beat and injured an elderly man.

Sadly, this is not an isolated incident. In a recent study, over 80% of nursing homes in New Mexico violated federal health and safety standards. Almost 20% had a violation that caused actual harm to residents or placed them at risk of death or serious injury. The types of violations are widespread - from failing to perform adequate background checks on those hired, to abuse and neglect.

While many nursing homes provide a wonderful community for our elders, others may be taking advantage of or harming those most vulnerable. Signs of abuse and neglect include:

• Sudden changes in behavior
• Unexplained bruises, welts, black eyes or broken bones
• Dehydration and malnutrition
• Bed sores

With the holiday season upon us, many of us will visit loved ones in nursing homes. As New Mexico personal injury attorneys dedicated to assisting nursing home residents and their families, we believe we should use this opportunity to ensure our elders are being well cared for in their twilight years.

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