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Fresenius Medical Care, a German medical company, has entered into a settlement agreement to resolve a landslide of cases brought against it involving its GranuFlo and NaturaLyte products used in dialysis treatments. Both of these products are dialysates and were used in thousands of dialysis clinics across the United States to treat patients experiencing kidney disease and kidney failures. Roughly one in every 500 Americans suffers from some illness that affects the kidneys and must undergo dialysis on a regular basis. Dialysis is a process that cleanses blood and eliminates toxins and wastes before returning it into the patient’s blood.

GranuFlo is a powder concentrate, and NaturaLyte is a liquid version of the same substance. The chemicals are used in dialysis machines to help neutralize the increased production of acid that can occur during the dialysis process.

In 2012, the U.S. Food and Drug Administration issued a Class I recall of both products after determining that the products posed severe threats to patients. Class I recalls are the most serious level of recall that the FDA can initiate and are appropriate when the product in question poses a substantial risk to patients, including the possibility of death.

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In a recent case, a plaintiff filed suit against a doctor and a prenatal care center after her baby sustained an injury during birth. However, the case was dismissed because the statute of limitations had passed, and the court rejected the plaintiff’s “equitable tolling” argument.

The plaintiff, an Illinois resident, was pregnant and went to a health center for prenatal care. She attended 12 visits at the Will County Community Health Center in Joliet, Illinois. In September 2008, the plaintiff sought treatment at an emergency room after experiencing abdominal pain. The emergency room doctor decided to induce labor, and the plaintiff began to give birth. During the birth, the plaintiff’s daughter became stuck and sustained an injury to her arm. After birth, the baby was diagnosed with Erb’s Palsy, a condition involving weakness of the arm due to an injury of the brachial plexus, a nerve cluster located in the shoulder. At the hospital, the baby’s arm was put in a sling due to the injury.

In May 2011, the plaintiff filed suit under the Federal Tort Claims Act against the health center and the emergency room doctor. Under the Act, a claim must be filed within two years after it accrues. The court found that the claims against the emergency room doctor and the health center accrued sometime in September 2008, shortly after the birth. Since the mother experienced a difficult delivery, and the baby was diagnosed with Erb’s Palsy, she had enough information to look into whether they caused the baby’s injury. Thus, the statute of limitations expired two years later, in September 2010.

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The news has been full of reports recently regarding a number of manufacturers’ vaginal mesh products. One of the largest manufacturers of these devices is Johnson & Johnson, which is facing numerous lawsuits in a multi-district litigation. The devices are intended to treat pelvic organ prolapse and urinary stress incontinence, but thousands of women reported experiencing severe complications after receiving the devices. These injuries included minor issues involving pain and very serious conditions that required additional surgeries and treatment.

A plaintiff who experiences severe injuries and damages as the result of a medical device may bring a product liability lawsuit to recover compensation. In a product liability case, the plaintiff may pursue three different theories of recovery. First, the plaintiff can show that the defendant designed the device in an unreasonably unsafe manner. Second, the plaintiff can establish that the specific unit that the defendant received suffered from a defect during the manufacturing process. Finally, the plaintiff can show that the defendant failed to provide sufficient warnings or adequate instructions regarding the device’s use and potential dangers. The plaintiff is not limited to one of these theories and may seek to establish all three.

Recently, a Philadelphia jury rendered a decision in the second lawsuit concerning Johnson & Johnson transvaginal mesh devices. In her complaint, the plaintiff alleged that she suffered severe pain and injuries after the mesh device eroded and that she was required to undergo three revision operations to remove the device.

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Surgeries carry high risks, even those considered “routine” procedures. Patients trust their surgeons to provide them with the necessary care. However, even surgeons can make mistakes. Some mistakes have minor consequences, while others are fatal.

In order to demonstrate a medical malpractice claim arising from an alleged surgical error, the plaintiff must show that the treating medical provider’s conduct fell below the applicable standard of care. Under Illinois law, doctors and other medical providers must provide treatment that meets the accepted level of care of other similarly situated medical providers under the circumstances. An individual must also have suffered an injury that was the result of the medical provider’s error. Finally, the plaintiff must prove that their injury was the result of the physician’s negligent conduct.

Surgical errors can occur for a number of reasons. The surgeon may be inexperienced, unprepared, careless, fatigued, or under the influence, or may fail to communicate necessary information to the patient. Errors made during surgery can result in physical injuries, as well as emotional pain, including depression and anxiety.

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For many of us, pharmaceuticals can offer a life-saving alternative to suffering from terrible conditions and injuries. In some unfortunate situations, however, certain pharmaceutical companies fail to appropriately design, manufacture, and market their drug products. One such example is Xarelto, a drug that is designed as a blood thinner. Now, thousands of lawsuits alleging health problems associated with taking Xarelto are pending in a multi-district litigation proceeding in the Eastern District of Louisiana.

The U.S. Food and Drug Administration (“FDA”) approved the drug for administration to patients who underwent knee or hip replacements to help reduce blood clots and associated risks. In the fall of 2011, the FDA broadened the approval of Xarelto to help treat patients who experience an irregular heartbeat, also known as atrial fibrillation. It is currently believed that millions of individuals have been prescribed Xarelto since it first hit the market.

Some patients taking Xarelto have reported suffering severe health consequences associated with the drug. Blood thinners can cause unwanted gastrointestinal bleeding and other conditions of a hemorrhaging nature. In response to these issues, the FDA issued two black box warnings. This is the strictest warning that the FDA can impose on a pharmaceutical product. To assign a black box warning, the FDA must find reasonable evidence that the drug is associated with a serious hazard.

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Medical malpractice cases often rely on experts who can testify about what a reasonable medical provider would have done in similar circumstances. In fact, this is often the most hotly contested issue in many cases. In a recently decided case, the plaintiff brought a medical malpractice suit against an emergency room doctor after the doctor allegedly misdiagnosed her.

The plaintiff, a 15-year-old girl, fell from a large structure and was brought to the emergency room after demonstrating signs of a stroke. After performing some basic tests, the doctor believed that she had suffered a concussion and discharged her. The plaintiff went to another emergency room the following day after continuing to experience symptoms, where she was discovered to have suffered a stroke overnight.

The plaintiff alleged that her doctor was negligent by failing to diagnose her with a carotid artery dissection, a condition in which the layers of an individual’s arteries separate, often causing a stroke. She also alleged that the misdiagnosis delayed her treatment, which ultimately resulted in permanent neurological damage.

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Food recalls and food safety have been a major issue for consumers across the United States lately. When we purchase food or order food at a restaurant, we are relying on countless individuals involved in the food processing and preparation chain to use reasonable care and to ensure against contaminants. The U.S. Food and Drug Administration (“FDA”) is the federal agency responsible for regulating food safety, and it provides information to consumers about recalls and other emerging events that may put consumers’ health at risk.

Consumers who suffer illnesses as the result of contaminated foods can bring a claim against the parties that may be responsible for the illness. To recover compensation from a defendant, the plaintiff needs to prove a number of things. First, the plaintiff must show that the defendant grew or produced the food and shipped it.

Next, the plaintiff must prove that he or she consumed the food and experienced illnesses diagnosed by a medical physician. The plaintiff must also show that the physician linked the illnesses to the contaminated food. The plaintiff must also illustrate that he or she consumed the food in close proximity to when the symptoms manifested. Finally, the plaintiff must show that the contamination was a direct cause of the defendant’s actions and that the defendant failed to exercise reasonable care to protect against contamination.

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Many individuals sign releases or waivers without reading the fine print. However, the terms of the policy matter, since signing a release waiver may give up someone’s right to sue if they are injured.

In a recent case, Ketler v. PFPA, LLC, a gym member brought suit against Planet Fitness. In April 2013, the man was injured while using exercise equipment at a Planet Fitness facility. A cable broke on a seated rowing machine that he was using, injuring him. He alleged that the injuries were the result of Planet Fitness’ negligence in maintaining its equipment. However, Planet Fitness argued that his claim was barred because he signed a waiver when he signed up for the gym.

The waiver that he signed stated, “I understand and expressly agree that my use of this Planet Fitness facility . . . involves the risk of injury to me or my guest whether caused by me or not. I understand that these risks can range from minor injuries to major injuries including death.” It also stated, “I understand and voluntarily accept this risk and agree that Planet Fitness . . . will not be liable for any injury . . . resulting from the negligence of Planet Fitness . . . whether related to exercise or not.”

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There are hundreds of thousands of products in our modern, consumer-driven world. While many of these are products that we may select and purchase of our own accord, there are numerous other products that we are forced to encounter on a daily basis. Regardless of the circumstance, products can pose a serious danger to the health and safety of you and your family.

Every state has adopted a consumer protection law that allows consumers who suffer injuries due to a dangerous product to bring a claim against the manufacturer and other potentially liable parties. Although there are some differences in these laws, they generally impose the same requirements on plaintiffs seeking compensation from a product manufacturer or distributor.

In general, product makers owe the public a duty to design products that are reasonably safe and to ensure that individual products on the manufacturing line do not suffer from defects that render them unreasonably dangerous. The product liability laws also impose liability against defendants who fail to provide an adequate warning about certain dangers that a product may pose, or who fail to provide sufficient instructions for using the product in a safe and reasonable manner.

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As a law firm that represents those who have been seriously injured, Moll Law Group knows that one of the best ways to prevent personal injuries or even death is to take the adequate precautions beforehand. Of course, this does not mean that society should shift the blame onto those who have been hurt in serious or fatal accidents. Instead, we all should be held to a high standard when it comes to the effects of our actions.

At Moll Law Group, we have been studying and practicing personal injury law for decades, and we understand that the law is not static. It changes over time. With the advent of new ideas and technologies, what was once considered the norm years ago may now be understood to be physically dangerous due to consequences that may not have been realized at the time. This is why Moll Law Group encourages new ideas and is enthusiastic about technologies that increase the overall safety of society.

Here at Moll Law Group, we want to encourage safety in all forms. And to further that aspiration, we are offering two $1,000 scholarships to selected college students who submit an essay about safety or injury prevention. Acceptable topics include, but are not limited to, products liability (dangerous products), premises liability (slip-and-fall accidents), auto safety, medical care, nursing home care, and child safety. For more ideas on acceptable topics, see Moll Law Group’s website.

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