Monday, 28 of May of 2018

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Woman Sues Maker of Failed Hip Implant

The patients claims Wright Medical Technology marketed Profemur hip replacements it should have was defectively designed.

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

My colleague Jim Lewis has written a new blog post for our firm’s Virginia personal injury lawyers’ website in which he reports that an Arizona (AZ) woman is suing Wright Medical Technology, claiming that the medical deice manufacturer’s Profemur hip implant she received was defective and needed to be removed just three years after it was put in place.

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


Surge in ER Visits Raises Fears Over Carisoprodol

The number of people being treated in emergency rooms for misusing the prescription muscle relaxant almost doubled in five years.

By Jim Lewis,  Medical Malpractice Attorney in Virginia

My colleague Shapiro, Lewis, Appleton and Favaloro has written a new blog post for our firm’s Virginia personal injury lawyers’ website about the dangers of the muscle relaxant carisoprodol. According  to a new report the number of people being treated in emergency rooms for misusing the prescription medication often sold as the brand name drug Soma (Meda Pharmaceuticals) almost doubled in five years.

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.


Fatal Fentanyl Overdose at Portsmouth Naval Hospital Blamed on Hot Shower

When health care professionals don't provide patients with all the information about the medicine's they're taking, tragedies can occur.

By Jim Lewis, Medical Malpractice Attorney

When health care professionals don’t provide patients with all the information about the medicine’s they’re taking, tragedies can occur. This was made apparent by the death of a young Marine who died from an overdose of opioid painkillers in early 2010. To read more, visit “Negligence May Have Contributed to Death of Marine at Portsmouth Naval Hospital.”

CD

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.


Cerebral Palsy Victim Wins $144M Award in Michigan Malpractice Lawsuit

The costs of lifelong care for children who suffer birth injuries can be crippling.

By Shapiro, Lewis, Appleton and Favaloro, Birth Injury Attorney in Virginia

In his latest post to our firm’s Virginia Brain/Head Injury Lawyers blog site, my colleague Jim Lewis reports that a teen whose total paralysis and cerebral palsy were caused by her birth doctor’s has won a medical malpractice lawsuit and will receive $144 million. Jim notes that the costs of lifelong care for children who suffer birth injuries can be crippling. To read more, click over to “$144M Awarded to Teenager Whose Cerebral Palsy Was Caused by Birth Doctor’s Negligence.”

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.XX


Florida Woman Paralyzed Due to Doctors’ Negligence Receives Settlement

The physicians ignored the patient's medical needs and missed what should have been a simple diagnosis.

By Jim Lewis, Medical Negligence Attorney in Virginia

“A 61-year-old East Naples [Florida (FL)] woman who walked to an ambulance in March 2005 and left NCH North Naples Hospital paralyzed has resolved her lawsuit against three doctors.”

That is opening sentence of an October 15, 2011, Naples Daily News article I read with great interest because much of my practice as a Virginia-based medical malpractice lawyer is dedicated to representing victims of doctor’s negligence. Two aspects of the case that I found especially interesting were that the settlement was reached through mediation as the woman and her legal team were preparing for a second civil trial and that the defendant physicians had, according to evidence presented in court, ignored the woman’s pleas for treatment and missed a fairly common and serious complication from inserting a catheter along the spine to deliver anesthesia.

Regarding the mediation, the defendants had won a jury verdict absolving them of liability for negligence when the case first went to trial. Later, the judge set aside that decision and ordered a new trial because he determined that defeat for the plaintiff came in large part because one of the jurors had ignored stern warnings to not research or view news about the case outside of the courtroom. The person who committed juror misconduct consistently lied to the court when asked if he had learned anything he did not hear in testimony.

The evidence of how the defendant doctors ignored the woman’s medical needs and misdiagnosed her also struck me. According to the newspaper, the doctors ignored the woman’s screams of pain for six days because they did not consider her condition serious. When a fourth doctor was finally brought in, that person found that the patient had developed a major abscess and infection along her spine where an epidural had been administered. That injury and infection eventually caused total paralysis. Because the woman has regained very limit movement in her arms and feet, she now has an official lifelong diagnosis of quadriparesis.

While I don’t know all the facts of the case, the errors made by the doctors and the negligence they demonstrated certainly appear to have left their patient in much worse health than she was when first entrusted to their care. When health care providers fail in their duty to treat patients to the best of their abilities, those doctors, nurses, pharmacists, surgeons and others must be held accountable. I’m glad that happened in Florida.

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.


Drug Shortage Claims Lives of 15 Patients Since 2010

The U.S. Food and Drug Administration currently lists 286 different drug as being in short supply. This number has apparently tripled since 2006.

By Jim Lewis, Medical Malpractice Attorney in Virginia

A serious shortage of medications is proving costly, both in terms of hospital finances and lives lost. Citing a survey by the American Hospital Association,  Fox News reported that 99.5 percent of hospitals have experienced a drug shortage since March 2011. “And 82 percent have had to delay treatment, while more than 50 percent report that they were not able to provide patients with the recommended treatment,” the network noted.

As experienced Virginia (VA) medical malpractice attorneys, my colleagues and I are concerned that this medication shortage could affect patients and cause harm. The medical profession appears to share this concern.

We’re forced to go to a different regimen,” Emory University Hospital medical oncologist Donald Harvey told Fox. “Sometimes that regimen may be inferior. Instead of changing from one therapy to another, we simply put it off in the cases of say, bone marrow transplants. And so we place that patient at potential risk because we’re having to delay that therapy.”

See this video on the shortage.

The U.S. Food and Drug Administration currently lists 286 different drug as being in short supply.  This number has apparently tripled since 2006, and an analysis by the Associated Press linked at least 15 deaths to a drug shortage since June 2010.

As recently as June 2011 we reported on this nationwide shortage, warning it’s only a matter of time before a doctor needs a lifesaving medication and finds the drug cupboard is bare. And wholesalers are taking advantage of the scarcity of some drugs by pushing up the costs.

We noted the shortages include thiotepa, which is used with bone marrow transplants; norepinephrine injections that are required for septic shock; and a number of leuprolide hormone injections often used in fertility treatments.

We have reported on numerous cases in which dangerous drugs have been recalled because of potential side effects. Recently we reported on how lawsuits are being launched over the diabetes drug Actos (pioglitazone from Takeda), following evidence it can cause bladder cancer.

Six years ago we won a $200,000 award for a client who developed swelling in his left ankle that was due to a venous clot. His pharmacist gave him more than twice the dose prescribed by his surgeon and he suffered a rectal hemorrhage and required three hospitalizations to resolve the injury.

We hope the drug shortages don’t result in more mistakes and the wrong medication being prescribed.

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.


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.


North Carolina Hospital Ordered to Pay $25 Million for Failing to Notice Child Abuse

A private out-of-court settlement was reached after the verdict in which the hospital agreed not to appeal the ruling.

By James Lewis, Carolina Medical Malpractice Attorney

Medical malpractice lawsuits are not just about incorrect treatment or medication misadministration at hospitals. They can also be brought for a failure to recognize abuse or ill treatment of someone who is admitted to a hospital.

On October 4, 2011, a jury ordered Cape Fear Valley Health System in North Carolina (NC) to pay nearly $25 million to a severely injured boy and his father in a medical malpractice lawsuit, the Fayetteville Observer reported. However, a private out-of-court settlement was reached after the verdict in which the hospital agreed not to appeal the ruling. The settlement amount may vary from the verdict which said the boy should receive $20 million and his father should receive $4.87 million.

The boyfriend of the child’s mother had been abusing the youngster, according to evidence that was brought in the case. When he was 6 years old, the boy was admitted to the hospital in an unconscious state, with a fractured skull and brain damage. The boyfriend was convicted of misdemeanor child abuse as a result.

The boy is now 14 and he is unable to control his body or talk or walk. He lives with his father in Charleston, WV, and requires constant care.

As experienced North Carolina and Virginia (VA) medical malpractice attorneys, my colleagues and I are horrified by this tragic case. Had the hospital picked up on the warning signs earlier on, this boy may still be living a normal life today.  Sadly all too often hospitals show negligence that amounts to medical malpractice. In 2010 we noted a case in which a Granville, NC, woman sued a hospital for negligence over the death of her son.

Bernice Allen said she told Granville Medical Center not to release her son until she arrived. Her son, William, suffered from epileptic seizures and was disabled. She told hospital staff that he was unable to make it home alone. When the mother arrived to pick up her son, however, he was gone. His body was recovered in a ravine seven months after his disappearance.

We have represented a number of clients who have been unnecessarily injured or who have died as a result of medical malpractice. In 1999 we represented the estate of a 56-year-old retired FBI agent whose doctor failed to diagnose an aortic aneurysm. A jury at Suffolk Circuit Court in Virginia returned a $700,000 verdict against the emergency room physician.

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.


Virginia (VA) Doctors Received $7.8 Million From Drug Firms in 2010

If doctors are being paid large sums of money by drug companies there is sure to be pressure to use certain drugs.

By Jim Lewis, VA Medical Malpractice Attorney

Big pharmaceutical companies gave big bucks to Virginia’s doctors — $7.8 million to be precise — in 2010. And while some of that money funded research, $5.2 million went toward speaking and consulting fees for health care providers. The revelation has led to accusations of a too-cozy relationship between doctors and drug companies, the Virginian-Pilot reported. The figures are contained in the ProPublica journalism database.

“There has been growing concern about pharmaceutical payments to doctors,” the Pilot article states. “Consumer groups contend that payments, particularly those for promotional talks, gifts, meals and free samples, can cause doctors to be more likely to prescribe their patients medicines from those companies, and to overlook better or less expensive treatments.”

In the South Hampton Roads cities of Norfolk, Suffolk, Portsmouth, Virginia Beach and Chesapeake, doctors received $1.16 million in payments from no fewer than 11 drug companies in 2010. The largest sum was for speaking and consulting, at $831,380. Payments for research totaled $128,407.

As medical malpractice attorneys based in Virginia Beach who deal with the fallout from dangerous and inappropriate drugs, my colleagues and I are concerned by this report. If doctors are being paid large sums of money by drug companies there is sure to be pressure to use certain drugs; in other words the influence of the drug companies could override the needs of patients. And when things go wrong patients become clients.

We don’t need to look far to see some of the problems caused by drugs. A new report by the U.S. Centers for Disease Control and Prevention has revealed more deaths are being caused by prescription drugs than by traffic accidents. From 1999 to 2006, fatal overdoses from prescription drugs tripled in number, reaching 13,000.

When we read about drugs that have caused irreversible harm such as blindness in the case of Genentech’s Avastin (bevacizumab from Genentech) or Actos (pioglitazone from Takeda), which has been linked to bladder cancer, we have to wonder about the level of influence brought to bear on the medical profession by the drug companies.

To learn more, read this FAQ about what to do if you suffer an adverse reaction to a prescribed drug.

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.


Restrictions Placed on Public Access to Medical Malpractice Data Bank

The elimination of a public area of the National Practitioner Data Bank means it will be more difficult to find out if a doctor has been the subject to a medical malpractice lawsuit.

By Jim Lewis, Medical Malpractice Attorney

My colleague Shapiro, Lewis, Appleton and Favaloro has posted a new blog to our law firm’s Virginia personal injury attorneys’ website on new restrictions being placed on public access to a medical databank used for 25 years by insurers, medical boards and doctors. The elimination of a public area of the National Practitioner Data Bank means it will be more difficult for members of the public to find out if a doctor has been the subject to a medical malpractice lawsuit.

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.