Wednesday, October 19, 2016

Antipsychotic Drug Side Effects: The Latest News on Risperdal Lawsuits

Like few other drugs, the antipsychotic Risperdal can treat schizophrenia and bipolar disorder, and reduce irritability and aggressive behavior in autistic children. But like any other drug, Risperdal has side effects, including causing breast enlargement and diminished sexual functioning in young autistic boys.

These side effects have led to a slew of litigation, from patient lawsuits to charges from the Department of Justice. Here is a roundup of all the latest news on those lawsuits, from our archives.

Risperdal Side Effects: Thousands of Lawsuits Filed

Risperdal use has been linked with increased levels of prolactin, a hormone that, among others things, controls human milk production. The condition, known as gynecomastia, can cause breast enlargement and studies show autistic boys taking Risperdal are twice as likely to develop gynecomastia, and 14 percent more likely to suffer some sexual dysfunction.

Jury Awards $70M in Johnson & Johnson Risperdal Lawsuit

Just this year, one of the boys who developed gynecomastia, Andrew Yount, won $70 million from Risperdal's manufacturer, Janssen Pharmaceuticals. The jury in that case heard evidence that Janssen manipulated study data showing that Risperdal was suspected of causing gynecomastia in an effort to downplay the risks to adolescents.

Risperdal Side Effects Prompt a New Wave of Lawsuits

The latest wave of lawsuits claims Janssen knew about the elevated risk for gynecomastia as far back as 2003, but failed to warn patients about the known side effects. They also allege the risk is particular to Risperdal, and that other drug that have similar benefits in autistic patients don't have the same side effects.

Johnson and Johnson Settles Texas Risperdal Suit for $158M

The recent side effect lawsuits aren't the only ones involving Risperdal. In 2012, Johnson & Johnson settled a Medicaid fraud lawsuit involving the drug for $158 million. In that case, Texas prosecutors claimed the company made false or misleading statement about the drug's safety, cost, and effectiveness, and also tried to improperly influence health care providers to prescribe the drug.

Risperdal Lawsuit: Johnson and Johnson to Pay $327M

A year before that, Johnson & Johnson and Janssen paid over $300 million in fines in South Carolina for sending a misleading letter to doctors stating that the drug was better than competitors, as well as understating Risperdal's risk for diabetes on drug sample packaging.

Mass Joins DOJ Johnson & Johnson Lawsuit over Risperdal Off Label Use

Risperdal's legal troubles stretch all the way back to 2010, when the U.S. Department of Justice charged Johnson & Johnson with marketing and promotion of the drug Risperdal for the off label use of treating dementia in nursing home patients.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/10/antipsychotic-drug-side-effects-the-latest-news-on-risperdal-lawsuits.html
Posted by at No comments:
Labels:

Nursing Home Slip and Fall: Can You Sue for Negligence?

Life in a nursing home is rarely any person’s ideal living arrangement, and when things go wrong, it can often leave nursing home residents confused about their legal remedies. Nursing homes are like a mix between hotels and hospitals, which can both be held liable, like any premises’s owner, for a slip and fall injury if it involved negligence.

Cases against nursing homes often present challenges and obstacles outside the legal variety of proving that it happened. Oftentimes, residents are afraid of making claims for fear of retaliation, or residents are unable to make a claim because of a physical disability. It is important to remember, especially if you are helping an elderly friend or relative, that they likely must continue to live there and may be uncomfortable with making a claim but not say anything to you.

Anatomy of a Slip and Fall

In order to prove a slip and fall case, a person must prove that the owner/controller of the premises was negligent. Proving negligence requires showing that a duty was owed to the injured party, that duty was breached, the breach of that duty led to the injury, and the injury resulted in damages. The duty owed in a slip and fall is for a premises owner/controller to ensure that there are no hazards, or if there are hazards that cannot be remedied, to make sure there are adequate warnings of the hazards.

In many states, nursing homes have a heightened duty of care when it comes to protecting their residents from injury and ensuring their premises are safe. This is particularly true for slip and fall accidents that are preventable, such as those caused by wet floors.

The Duties of a Nursing Home

The question of whether a nursing home will be liable becomes more complex when situations become more complex. Take for example a nursing home resident who requires a walker who slips and falls on a patch of wet floor while walking around without his walker. If he was seen walking around by staff without his walker, there’s a good chance the home could be found liable for not stopping the resident to get him his walker. If he wasn’t seen by the staff, and he spilled the water himself, then it is unlikely the home would be found liable unless there was duty they owed that was breached.

Basically, to have a meritorious claim, you must be able to point to some action on the part of the home and argue that “but for” this action the injury would not have occurred. These actions (or inactions) can involve almost anything, including, but not limited to: staff training, misconduct, or supervision, as well as failures to properly maintain the premises, furniture and/or equipment.

If you have been injured in a nursing home slip and fall accident, contact an attorney to understand if you have a legal claim.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/10/nursing-home-slip-and-fall-can-you-sue-for-negligence.html
Posted by at No comments:
Labels:

Tuesday, October 18, 2016

How Long After a Car Accident Can You Sue?

Under the law, you can sue the same day an accident happens. However, before filing a lawsuit, you should have a good idea about how the accident happened, who caused it, and how much money you are owed as a result of the accident. If there is no concern over missing a statute of limitation, it is better to wait until you have more information about your damages before filing in court. In injury cases, damages will continue to grow as medical costs are incurred, as medical costs are part of the damages.

In car accident cases involving property damage only, where there are no injuries, you can file a lawsuit as soon as you know how much it will cost to repair your car, but that may not be advisable if the at-fault driver has car insurance. Usually car insurance companies are willing to negotiate about the value of the repairs. If the driver that caused the accident is uninsured, you may wish to proceed more quickly by filing a lawsuit and having it served immediately after finding out the repair costs.

Statute of Limitations

In many states, there are different deadlines, or statutes of limitations, for cases involving injuries and those involving property damage only. While most states provide two years to file an injury suit, in some states it is only one year, and if the accident was caused by a government employee, it could be as short as sixty days to six months. Claims against government employees can have extremely short deadlines that need to be met in order to be able to even file a claim in court.

If you wait until the day after the statute of limitations to file your case, your case can be dismissed entirely and you will be left with no remedy. Know that in most states, you can still serve someone after the statute of limitations, but the case must have been filed before it expired.

How Soon Should You Sue?

When there are insurance companies involved, you or your attorney may wish to wait until after some preliminary negotiations to file suit. Filing suit costs more money and exposes you to a potential risk of loss as a jury will always be unpredictable. Waiting to file suit until negotiations have stalled between you and the insurance company is sometimes advisable. However, it is important to be mindful of the statute of limitations so that you don’t let it expire while negotiating. If you are up against the statute of limitations, you can file suit and not serve until after negotiations end (but be mindful of the court’s deadlines).

Also, it should be noted that suing too soon can prevent you from claiming the entire injury. Frequently, people injured in car accidents find that injuries return or become exacerbated over time. If you settle your claim too soon, you may find yourself seriously injured without any recourse left.

If there is no car insurance, it may be advisable to proceed as soon as possible against the responsible party. At very least, it is important to stay aware of the person’s whereabouts as serving the lawsuit on the party will be essential and may be difficult after one or two years.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/10/how-long-after-a-car-accident-can-you-sue.html
Posted by at No comments:
Labels:

Monday, October 17, 2016

Can You Sue a Doctor for Lying?

We trust our doctors with our lives. And while part of that trust is in their medical expertise, all the technical skill in the world doesn't mean much if we don't think our doctors are telling us the truth.

You've probably heard of medical malpractice lawsuits against doctors who make mistakes, but what about malpractice claims against doctors who lie to patients? Here's what you need to know:

Informed Consent

A central element to any medical treatment is informed consent, which refers to a patient's consent to medical treatment after receiving information on the treatment. While the specific requirements of informed consent can vary by state, as a patient you are entitled to:

  • A complete diagnosis of your condition;
  • The purpose and process of any proposed treatments, as well as possible alternative treatments;
  • The benefits and risks of each treatment; and
  • The benefits and risk of not getting treatment.

Informed consent is entirely premised on your doctor or medical professional being completely honest and forthcoming regarding your medical condition, treatment choices, risks associated with the treatments, and prognosis. Without accurate information, and all of it, a patient can't meaningfully consent to any medical treatment.

Medical Malpractice and Standard of Care

Medical malpractice claims don't only cover errors in diagnosis and treatment. Once you've established a doctor-patient relationship, the doctor owes you a duty of care and treatment with the degree of skill, care, and diligence as possessed by, or expected of, a reasonably competent physician under the same or similar circumstances. Part of that duty of care is to be forthcoming with your diagnosis, treatment options and prognosis, as reasonably competent physicians would not lie to their patients.

Therefore, lying to a patient could be proof of fault in a medical malpractice claim. And the failure to obtain a patient's "informed consent" before administering a procedure or treatment is a form of medical negligence, and could even be grounds for a battery lawsuit.

If you think your doctor lied to you, get a second opinion. And if your doctor failed to get informed consent before a procedure or failed to give you all of the relevant information regarding your diagnosis and possible treatment, contact an experienced personal injury attorney.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/10/can-you-sue-a-doctor-for-lying.html
Posted by at No comments:
Labels:

Pacemaker Defect or Injury Lawsuits: Who and When Can You Sue?

Having a pacemaker put in requires heart surgery, which is a very serious operation. Pacemakers are little devices that keep the heart beating in proper rhythm. Generally, the device is surgically implanted in the shoulder, stomach, or near the heart, and wires are attached from the device to the heart. The device works by constantly measuring the rhythm of the heartbeat and using little electric shocks to keep the heartbeat at the proper rhythm.

The main concern for people with pacemakers is that the device will just stop working or fail. When that happens, a person can lose consciousness, and it can be potentially fatal. When there is a problem with a pacemaker, or it stops working, the patient may be completely in the dark about what is going on because the device is inside their body.

How a Pacemaker Fails Will Determine Who to Sue

When a medical device fails, or causes injury, a patient may be able to file a lawsuit to recover damages if the failure was the result of another person’s action or inaction. Generally, there are three situations wherein a person may be able to file suit when a pacemaker fails:

  • If your pacemaker fails because of a defect in the actual device, then the manufacturer is who should be held liable.
  • If your pacemaker fails because it was installed improperly, then the hospital and doctor who performed the procedure should be held liable.
  • If your pacemaker fails because a third party, such as a security guard, did something to cause it to fail, then that third party should be held liable.

In the first two situations, there may not be any apparent problem with the device until years after the procedure. Additionally, a component in the device, such as the leads (or wires) may fail, and if those components were manufactured by a company other than the device manufacturer, they will also be liable and should be sued as well. Additionally, in these first two situations, there is a difference in the type of claim being brought. Claims against the manufacturer are generally product liability claims, while claims against the hospital and doctor will be a medical malpractice or negligence claim.

In the last situation, the problem with the device will generally occur at the time of the action that caused it to fail. In these situations, it may be necessary to sue both the relevant actor, as well as the device manufacturer, doctor and hospital, as it may be a combination of the bad action and a device defect or installation error that caused the problem.

When Can You File a Lawsuit?

Because a defective device or improper installation may not be discover-able until a problem arises, the statute of limitations, or the time within which a lawsuit must be filed, can be extended beyond what is normally allowed for injury actions. Extending the statute of limitations for defects or injuries that are unknown is known as the discovery rule.

When a pacemaker or other medical device fails due to a third party’s actions, the lawsuit will have to be filed within the state’s statute of limitations for personal injury cases. These vary from state to state, but generally are at least one year, if not two or more.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/10/pacemaker-defect-or-injury-lawsuits-who-and-when-can-you-sue.html
Posted by at No comments:
Labels:

Friday, October 14, 2016

7 Common Ways That Plastic Surgery Can Go Wrong

There are countless reasons people choose to get plastic or cosmetic surgery. Sometimes it stems from vanity, sometimes it’s to cover up scars or conditions that make a person insecure or subject to ridicule, and sometimes it’s for conditions related to a person’s health. Whatever the reason for getting plastic surgery, it is no different than any other medical procedure in that there are risks involved.

Below are some of the common ways plastic surgery can go wrong.

1. You Just Don’t Like the Result

When people go under the knife for vanity purposes, there is a very real risk that the result will not be aesthetically pleasing to them. Oftentimes a person just thinks they need the cosmetic surgery to combat superficial insecurities, but even after the surgery, the insecurities continue to exist or become focused on a different part of the body.

When opting for cosmetic surgery, be very sure that it isn’t just an attempt to solve a body image issue that would be better solved via therapy or counseling.

2. Adverse Physical Reactions to Surgery

Like any surgery or medical procedure, plastic surgery carries the risk of having an adverse physical reaction to the procedure. Blood can collect under the skin, infections can occur, and nearby organs or body parts can be damaged.

3. Anesthesia Is a Danger All on Its Own

Among one of the most common dangers for any surgical procedure is simply the anesthesia. Anytime a person is put completely under, there is a significant risk involved just from the anesthesia alone.

4. Infections

Like anesthesia, infections are a common danger for any surgical procedure. Infections can occur even if a person is hyper-diligent in keeping a wound clean. Additionally, infections can be fatal.

5. Scarring

While plastic and cosmetic surgery’s goal is to improve a person’s appearance, sometimes scarring can be more prominent than expected. In a small percentage of breast augmentations, hypertrophic scarring can occur. This is where the scar becomes thick and red, and is raised up rather than flush with the skin.

6. Burst, Bent and Broken Implants

While the FDA may have concluded that silicone breast implants are safe, they also found that one in five women will need to have them removed or surgically adjusted or replaced within 10 years. It is recommended that women with silicone implants have them checked regularly every two years.

7. Capsular Contraction

One common side effect for people who get implants is capsular contraction, which is a hardening of the area around an implant. This can lead to pain and discomfort as well as create asymmetries or distortions in appearance.

If you have been harmed as a result of plastic surgery, you may be able seek legal remedies. Contact an experienced personal injury lawyer right away to find out if you have a case.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/10/7-common-ways-that-plastic-surgery-can-go-wrong.html
Posted by at No comments:
Labels:

How to Contest a False Injury Claim

It's rare, but every now and then we can find ourselves on the other end of a personal injury lawsuit. Someone could be saying that you caused the car accident, or that they slipped on your icy sidewalk. And while their claims may not seem to you to have any merit whatsoever, that doesn't mean that you can ignore them, or that a court or judge may not agree with you.

So what should you do if someone sues you for injuries? Here are a few tips:

Elemental Defenses

The majority of personal injury lawsuits are negligence claims, which are premised on four main elements: duty, breach, causation, and damages. Here's a quick breakdown of the elements and how you may counter them.

Duty: The argument that you owed the plaintiff a duty of care.

Such a duty arises where there is some legal relationship between the defendant and the plaintiff, and due to this relationship, the defendant is obligated to act in a certain manner toward the plaintiff. For example you may owe a duty to drive safely to other motorists on the road, or a duty to pedestrians to shovel your sidewalk. You could argue that you never owed the plaintiff a duty of care.

Breach: The argument that you failed to meet the duty of care.

A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. You could argue that you met the duty of care, by shoveling the walk, driving carefully, or otherwise acting reasonably and responsibly.

Causation: The argument that your breach (and not something else) caused the injuries.

Causation means both that, but for your breach, the injuries would not have occurred, and that you could have foreseen that some injury would occur from the breach. You could argue that there was no way to foresee the plaintiff would be injured, or that the plaintiff was also responsible for his or her injuries (more on that one later).

Damages: The argument that injuries occurred and can be compensated.

Damages are generally money to compensate the plaintiff for medical expenses, lost wages, or other harm. You could argue that the plaintiff was not injured, or at least not in a way that is financially compensable.

Affirmative Defenses

There are also some defenses to lawsuits that admit the facts of the elements, but counter that there is some other reason the defendant should be liable. These are known as "affirmative defenses," and in the realm of personal injury cases, take the form of contributory negligence, comparative negligence, and assumption of risk.

Contributory negligence contends the plaintiff was also negligent, and in some states this can mean the defendant cannot recover any damages. Comparative negligence tries to apportion a percentage of blame to each party, and will allot damages corresponding to a party's share of the blame. And an assumption of risk argument contends the plaintiff knew of the possible dangers and took part anyway, forfeiting any claim for damages.

Any personal injury suit is serious and potentially complex. And only an experienced personal injury attorney will know the best defense in your case.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/10/how-to-contest-a-false-injury-claim.html
Posted by at No comments:
Labels:
Subscribe to: Comments (Atom)