Thursday, 19 of October of 2017

Tag » lawsuits

Hulk Hogan files $50 million lawsuit against Laser Spine Institute

By Mark Favaloro, Medical Malpractice Attorney

What happened:

A man named Terry Bollea has filed a $50 million lawsuit against the Tampa-based Laser Spine Institute,  alleging he was the victim of unnecessary surgeries which “severely damaged” his career. If Mr. Bollea’s name doesn’t ring a bell, his professional name may – Hulk Hogan.

The famous pro wrestler underwent multiple LSI procedures but never experienced more than temporary relief from his back pain, for which other doctors had recommended a more intrusive procedure. According to a report in the Orlando Sentinel, the suit alleges that “due to LSI’s monetary rather than medical motives, became the victim of multiple unnecessary endoscopic surgical procedures that further destabilized his already existing injured back … during the last chapter of an internationally successful athletic and entertainment career,”

In addition to claiming unnecessary surgeries, the lawsuit said the Laser Spine Institute used an endorsement from Hogan without permission or payment.

 

The North Carolina Injury Lawyer Perspective:   

The wrestler’s lawsuit accuses the clinic of advertising endoscopic procedures as a less-intrusive alternative to traditional surgery “through scare tactics,” while failing to inform patients that its procedures offer “only temporarily treat symptoms and cannot treat and provide a long term solution ….”

In 2011, Bloomberg.com produced a critical report about the Laser Spine Institute. The report spotlighted LSI’s practices of advertising out-patient, non-invasive surgery and promoting the operations at seminars in hotel meeting rooms. According to the report, because the clinics are not regulated like hospitals, the centers are performing what some experts warn are ineffective, expensive and potentially dangerous procedures.

 

Laser Spine Institute, Tampa FL


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About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


Birth Control Risks Highlighted in Blood Clot Study

Life-threatening adverse effects from estrogen-based medications are also the focus of a $10 million lawsuit filed by a woman who developed breast cancer after taking Prempro to reduce menopause symptoms.

By John Cooper, Dangerous Drugs Attorney in North Carolina

Findings from a large U.S. Food and Drug Administration study on clotting risks for women taking birth control pills containing the hormones estrogen and drosperinone, as well as a large number of lawsuits from women who developed cancer after taking estrogen-based medication to relieve menopause symptoms, are refocusing attention on the risks from these drug products.

Bayer’s Yaz and Yasmin birth control pills increase women’s risk for a deadly condition called venous thromboembolism. With VTE, a blot clot forms in one part of the body, usually the lower leg, and travels to the heart or veins of the neck. If not detected and detected quickly, VTE can cause fatal heart attacks and strokes.

This CBS News report describes what the FDA found and the risks newer birth control pills pose to women:

The problem appears to be drosperinone. That synthetic hormone raises potassium levels in the bloodstream, and excess potassium increases the likelihood that clots will form. In addition to Yaz and Yasmin the Washington Post identified these drosperinone-containing birth control pills: Bayer’s Beyaz and Safyral, Sandoz’s Syeda and Loryna, Barr Laboratories’ Ocella, Watson Pharmaceuticals’ Zarah, and Teva Pharmaceuticals’ Loryna.

As North Carolina dangerous drug lawyers, my colleagues and I have been following news on Yaz and Yasmin risks closely for several years, and we are working with women in a number of Yaz lawsuits. We have also been attuned to health problems linked to hormone replacement therapies such as Pfizer’s estrogen-based Prempro. Pfizer has reportedly paid a total of $330 million to settle more than 2,200 lawsuits from Prempro users. That does not appear to be the final chapter for the drug product that remains on the market, however. In fact, I just finished acting as co-counsel for the plaintiff in a Prempro case that was heard in the federal court in Norfolk, Virginia (VA). The woman’s breast cancer was linked to her use of the product.

On October 21, 2011, a married couple in New Orleans, Louisiana (LA), filed suit in federal court seeking $10 million in compensation from Pfizer because the woman was diagnosed with breast cancer after having taken Prempro for 8 years. The HRT product has also been linked with increased risks for ovarian cancer and cardiovascular disease. Pfizer, in this lawsuit and the earlier ones, is accused of failing to provide adequate warnings about such side effects.

EJL

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Lawsuits Filed Over Side Effects From Diabetes Drug Actos

Use of the medication known generically as pioglitazone has been linked to the development of bladder cancer.

By Jim Lewis,  Dangerous Drugs Attorney

My colleague Shapiro, Lewis, Appleton and Favaloro has written a new blog post for our Virginia (VA) personal injury attorneys’ website about the large number of lawsuits being filed over Takeda’s diabetes drug Actos (pioglitazone), which has been linked to the development of bladder cancer in users.

DM

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Surgical Mesh Safety Reviewed After Patients’ Deaths and Injuries

A U.S. Food and Drug Administration advisory panel is reviewing whether the surgical mesh should be more closely regulated.

By Shapiro, Lewis, Appleton and Favaloro, Virginia Medical Malpractice Attorney

My colleague Jim Lewis has posted a new blog to our Virginia personal injury lawyers’  website about increased concerns over the use of surgical mesh used to treat pelvic organ prolapse in women. A U.S. Food and Drug Administration advisory panel is reviewing whether, in light of multiple reports of patient injuries and deaths, the surgical mesh should be more closely regulated.

DM

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Did Virginia and Carolina Health Providers Have a Different Standard of Care During Hurricane Irene?

The storm was to blame for killing several people in Virginia and North Carolina, destroying shorefront property, and forcing a hospital to run on generator power.

By Kevin Duffan, Virginia Medical Malpractice Attorney

My colleague John Cooper reported recently on our firm’s website that Hurricane Irene was to blame for killing several people in Virginia and North Carolina, destroying shorefront property, and forcing a hospital to run on generator power.  John raised the question of what the standard of care was for medical providers during the natural disaster. Contact Shapiro, Cooper Lewis & Appleton, P.C. to discuss all possible claims if you or a loved one suffered serious injuries or death from an accident that was the fault of a hospital.

LC

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Obama Remains Opposed to Limits on Awards to Medical Malpractice Victims

We have repeatedly said the cap on damages that has been in place in Virginia since the 1970s, is arbitrary. The cap was put through the VA legislature to give special treatment to medical providers and doctors.

By John Cooper, Virginia Medical Malpractice Attorney

President Barack Obama remains opposed to limits on how much can be awarded to victims in medical malpractice cases, according to the White House.

The president’s opposition to caps on liability remain, even though he “responded favorably to a Republican lawmaker recommending legislation along those lines to restrain health costs,” the Associated Press reported.

“I said West Virginia passed medical liability reforms and we should do it. Try it and you’ll like it,” Rep. Shelley Moore Capito said she told the president in relation to West Virginia’s (WV) medical liability reforms. She said Obama told her it sounded great.

The White House later denied the president has changed his stance.

Nick Papas, a White House spokesman, told AP the president “does not support caps on medical malpractice awards, since they can be unfair to people who’ve been wrongfully harmed. However, he does want to work with Republicans to bring down costs in the health system and improve care.”

As experienced Virginia (VA) medical malpractice attorneys, we are are pleased the official White House position has not changed. We have repeatedly said the cap on damages that has been in place in Virginia since the 1970s, is arbitrary. The cap was put through the VA legislature to give special treatment to medical providers and doctors. It reflects the strength of lobbyists in Virginia for the healthcare industry and the insurance companies over the medical malpractice issue.

Our attorneys do not believe this is a fair system because it means a jury’s ability to award a victim what it believes they are entitled to, is curtailed.

Recently we reported on how a jury in Norfolk, VA, awarded $5 million to a 20-year-old man, as well as his parents, in a lawsuit against an anesthesiologist and the Norfolk Children’s Specialty Group. The amount was cut to $1.85 million because of the cap.

This ceiling on damages has even affected our clients, including a client who obtained a $2.3 million dollar verdict in November 2010 in an infant’s shoulder injury trial, leading to a settlement within the existing Virginia medical malpractice cap.

DM

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


$5M Malpractice Jury Verdict in Norfolk Spinal Cord Injury Case Reduced to $1.85M Due to VA Damages Cap

The man needed surgery to correct a sunken breastbone condition. The doctor gave him a thoracic epidural catheter, and the procedure allegedly caused permanent damage to the man’s spinal cord.

By Jim Lewis, Norfolk Medical Malpractice Lawyer

A Norfolk, Virginia (VA), jury awarded $5 million to a 20-year-old man and his parents in their suit against an anesthesiologist and the Norfolk Children’s Specialty Group, according to court records and published news reports. The amount was reduced to $1.85 million because of an unfair and arbitrary cap imposed by Virginia law on medical malpractice lawsuits.

Children’s Hospital of The King’s Daughters, known for pediatric care, is located in southeastern Virginia and northeastern North Carolina.  Patients actually travel there from the Outer Banks, Chesapeake, Suffolk, Virginia Beach and beyond for special pediatric care.  The young man went to this Norfolk hospital for the surgery because of its strong reputation, only to suffer a needless spinal cord and paralysis due to anesthesiology malpractice.

According to the lawsuit, the man needed surgery to correct a sunken breastbone condition. The doctor gave him a thoracic epidural catheter, and the procedure allegedly caused permanent damage to the man’s spinal cord.

After the operation, the man could not move or feel his legs and feet due to paralysis. He regained his ability to walk but continued to have pain and difficulty controlling bodily functions.  The defense for the doctor and hospital claimed the doctor and Children’s Specialty Group did not deviate from the proper standards of medical care.  As Virginia Beach-Norfolk medical malpractice attorneys, we are saddened to see a reputable hospital make a negligent surgical mistake like this.  It’s also tragic that the doctor and hospital forced the victim to go through a public trial to get justice and we note it’s far in excess of the unfair VA medical malpractice “cap” which forced the judge to reduce the 5 Million dollar verdict the jury returned to only 1.85 Million.  Attorney for the victim Lisa O’Donnell did a tremendous job helping the victim and his family.

To learn more about Virginia medical malpractice and doctor mistakes, check out our Frequently Asked Questions devoted to the subject. Our VA medical malpractice lawyers wrote a free consumer report providing a list of tips for victims who were hurt by a doctor’s carelessness. Feel free to download it here.


Drugmakers May Get Protection from Lawsuits in South Carolina (SC)

By Shapiro, Lewis, Appleton and Favaloro, Medical Malpractice Attorney

A bill introduced in the State House of South Carolina (SC)  would protect drugmakers from lawsuits and place lower caps on damages victims of toxic medications could collect. If you would like us to evaluate your dangerous drug claim, please contact our firm for a free, no-hassle consultation. If the line is busy, please continue calling so we can speak with you. Our number is (800) 752-0042.

IW

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and have experience handling medical malpractice cases involving hospital and doctor mistakes, nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message o we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC).  Our lawyers hold licenses in NC, SC, WV, KY, FL and DC. We also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.


Virginia Beach Man Died After Doctor Failed to Notify Him of Pneumonia Diagnosis

Misdiagnoses can have tragic consequences. At the same time, some mistakes are excusable or unavoidable. The inexplicable actions by numerous doctors in this case include not attempting to reach an accurate diagnosis in the first place (e.g., failing to take x-rays) and then not doing everything possible to get in touch with the sick man so he could receive proper treatment for his ultimately fatally illness.

By John Cooper, Virginia Medical Malpractice Lawyer

A Virginia Beach, Virginia (VA), family recently received a small measure of justice nearly four years after losing a husband, father, son and uncle due to a shocking case of repeated medical malpractice that included misdiagnoses, negligence and errors by multiple private-practice and hospital-based doctors.

The victim’s widow won a $3.5 million verdict against the man’s primary physicians in September 2010, but the money must provide little comfort in light of the circumstances that led to this preventable loss of life.

In late 2006, the 24-year-old man went to his doctor because he was coughing and experiencing chest pain. The physician prescribed a narcotic painkiller but did not take x-rays or diagnosis any lung infection. Over the next week, the man visited other doctors and emergency rooms, eventually receiving the x-rays that allowed health care providers to diagnose pneumonia.

When the man’s first doctor, after even more delay, finally called to tell him he had bacterial pneumonia, the doctor’s staff called the wrong phone number and never placed any follow-up calls. When the man succumbed to his highly treated lung disease, he left behind two young children and a wife.

Fellow malpractice attorney Phil J. Geib helped the man’s survivors win their lawsuit, although the jury verdict was reduced to an award of $1.85 under Virginia’s unfair caps on malpractice penalties.

As this case shows, misdiagnoses can have tragic consequences. At the same time, some mistakes are excusable or unavoidable. The inexplicable actions by numerous doctors in this case include not attempting to reach an accurate diagnosis in the first place (e.g., failing to take x-rays) and then not doing everything possible to get in touch with the sick man so he could receive proper treatment for his ultimately fatally illness.

I am glad to see that those responsible for this medical malpractice and wrongful death were held accountable in court.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and we have experience handling medical malpractice cases involving hospital and doctor mistakes, nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free, initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message and we will return your call promptly. Also be sure to check out our free special report Top 10 Tips from a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC).  Our lawyers hold licenses in NC, SC, WV, KY, FL and DC. We also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.


Death Blamed on Liposuction, Anesthesia Complications Results in $20M Judgment

Even the most routine plastic surgeries carry risks for death. This gives every surgeon, nurse, technician and other member of a plastic surgery team the highest responsibilities to protect patients.

By James Lewis, Medical and Surgical Malpractice Attorney

A Pennsylvania (PA) appeals court on November 14, 2010, upheld a $20 million jury award to the parents of a teenager who died when, according to trial evidence, neither the plastic surgeon performing the procedure nor the assisting anesthesia nurse took appropriate actions when the patient experienced complications.

Amy Fledderman, 18, who lived near Philadelphia, died in the offices of plastic surgeon Richard Glunk and while under the care of nurse Edward DeStefano. The fatal operation took place in 2001. It was not scheduled for a hospital because, according to Fledderman’s parents, Glunk was unlicensed at the time and had lost hospital privileges.

During the liposuction, Fledderman suffered a punctured artery and an adverse reaction to anesthetics. The surgeon and nurse did not send the patient for advanced hospital treatment for several hours. This delay led to Fledderman’s death, a trail jury found in 2008. The verdict upheld last month included $15 million in punitive damages.

This sad case reminds me very much of a recent one involving a young Virginia Beach mother whose family received $1.95 judgment against a plastic surgery practice whose staff was found negligent in treating surgical complications.

Both the local tragedy and the one in Pennsylvania highlight two important lessons. First, plastic surgeries as routine as liposuction, breast augmentation and vein ablation (varicose vein treatment) are all surgeries. They carry serious risks and sometimes result in death.

That lesson highlights and reinforces the second: Surgeons, nurses, technicians and all members of the surgical team have every responsibility to protect patients from injuries before, during and after procedures are performed. When they fail to meet this duty of care, they must be held accountable.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office is in Virginia Beach, Virginia (VA); we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now. While we do not accept every case, we provide free initial confidential injury case consultations. So call us toll free at (800) 752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, Eastern Shore Virginia Injury Attorneys Blog and Northeast North Carolina Injuryboard as pro bono public information services.