Monday, 19 of February of 2018

Tag » Virginia personal injury attorney

Misdiagnosis, Failure to Treat Heart Attack Results in $126M Medical Malpractice Award

Evidence presented during trial convinced jurors that three doctors at A.O. Fox Memorial Hospital in Oneonta, NY, missed obvious signs of cardiac arrest.

By Mark Favaloro, Medical Mistakes Victims’ Attorney

A woman in Oneonta, New York (NY), who went more than day in a hospital without being accurately diagnosed or treated for the heart attack she was suffering has won a $126 million medical malpractice award from a civil trial jury. Evidence presented during trial convinced jurors that three doctors at A.O. Fox Memorial Hospital missed obvious signs of cardiac arrest and failed to treat the woman with medications and surgical interventions that would minimize damage to her heart.

The woman is now unable to train horses as before and is dependent on a defibrillator. She will eventually need a heart transplant.


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The Virginia Medical Malpractice Lawyer’s Perspective

Doctors and hospitals cannot be held to a standard of perfection. But when they fail to detect or ignore signs and symptoms of a life-threatening health condition that they should have spotted, the people and institutions that made the diagnostic errors must be held accountable for a patient’s injuries or loss of life. My Virginia-based medical malpractice colleagues and I have represented many misdiagnosis victims, and each case highlighted how much patients depend on physicians getting a diagnosis correct and acting quickly to treat problems.

The hospital named as the defendant in the New York failure to diagnose lawsuit has promised to appeal the jury’s verdict. Considering how much the woman lost when doctors did not identify and work to resolve her heart attack, I hope the award is upheld by a higher court.

Potentially Helpful Info

If you or a member of your family has been harmed by a misdiagnosis, you can download this free report to begin learning about your legal rights and options for seeking compensation for personal injuries, lost wages and additional medical expenses.

Have Questions? Check Out Our Firm’s FAQs.

You can learn more by reading through our online library of lawyers’ answers to frequently asked questions about medical malpractice and surgical error lawsuits.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and 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. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Adult Care Homes in Hampton, Williamsburg Cited for Neglect of Residents

Patients at Ashwood Assisted Living and Madison Retirement Center may have been harmed.

By Shapiro, Lewis, Appleton and Favaloro, Virginia Nursing Home Neglect Lawyer

In a new blog post to our Virginia personal injury attorneys’ website, my colleague Mark Favaloro reports on an ongoing investigation into patient and resident neglect and abuse at Ashwood Assisted Living and Madison Retirement Center. To read more, click over to “Hampton, Williamsburg Long-Term Care Facility Operators Lose Licenses.”

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and 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. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Thousands of Toy Cars Recalled Due to Risk of Fire and Burns

By Kevin Duffan, Medical Malpractice Lawyer

What Happened:

It was announced earlier this week that the U.S. Consumer Product Safety Commission would begin recalling almost 5,000 “Range Rider Ride-On Toy Cars” due to the risk of fire and burns the toys present to young children.

The products were manufactured in China and were imported into America by Bluestem Brands. The CPSC announced that the toys contain batteries that can “overheat, smoke, melt and catch on fire.”

So far there have been nine reports of such troubling incidents but thankfully no injuries. The toy cars were sold through various Fingerhut catalogs and online at Fingerhut.com and Gettington.com from September 2010 through May 2012 for between $200 and $230.

The Virginia Injury Lawyer’s Perspective:

Though something like a toy car can hardly seem dangerous, the fact is that even familiar items can pose big risks to your family, especially young children.

During my more than 25 years of personal injury work in Virginia, I have represented people injured by a wide variety of seemingly safe devices. If you or someone you love has been injured by a defective consumer product, including toy cars, consider consulting with an experienced VA injury attorney. My colleagues and I have the background to fight for the justice you deserve.

Helpful Info:

If your child has been injured by a dangerous or defective product, you may be able to hold the company that manufactured and marketed the device accountable by filing claims for compensation for medical costs, lost wages and pain and suffering. Read this article to begin learning about your legal rights and options when a faulty product leads to injuries.

Have Questions?

You can learn more by reading through this online library of lawyers’ answers to frequently asked questions regarding recalled, poorly designed and unsafe consumer goods.

CA

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton 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. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


DePuy forced to recall additional devices

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

What Happened:

DePuy Orthopaedics is being forced to recall yet another line of hip and other artificial joint implants. This time, the Johnson & Johnson subsidiary said that it would be pulling all of its unused custom orthopedic devices due to concerns raised by the FDA. The recall notice was issued on August 24, 2012, two years after the company issued its major ASR hip-implant recall.

Earlier this year DePuy agreed to stop manufacturing the custom devices after receiving a warning letter from the FDA. The regulatory agency said the implants had not been through clinical trials and were thus being sold without federal approval. DePuy argued that the devices were exempt from the normal application process given that the FDA had approved the original devices and the custom pieces were only being modified.

The FDA disagreed and wrote that, “Although the devices’ size and shape may vary with each patient’s anatomy, the standardized design characteristics do not vary among the devices manufactured.” The agency said that the fact that the final specifications may differ depending on the recipient does not mean that DePuy was excused from the usual FDA approval process.

The FDA went on to accuse DePuy of using poor quality control systems in the production of the different custom implants and ordered the company to recall any implants that had already been delivered to surgeons. Though more than 8,300 customized DePuy implants have been sold since 1999, the exact number of unused devices subject to this recall is unknown.

The news comes at a bad time for the medical device maker as DePuy is dealing with the huge global recall of 93,000 ASR hip-replacement and hip-resurfacing devices that was announced in August of 2010. The all-metal devices have been shown to fail within only a few years’ time, leading to painful and costly revision surgeries. Beyond the need for additional surgery, the DePuy hips have also caused metallosis due to the release of metal shavings created when the parts rub together. Some studies have shown that these metal pieces can cause damage to patient’s bladders and kidneys.

The ASR recall has precipitated a flood of lawsuits against the company. In the U.S. alone, more than 8,000 lawsuits have been filed against DePuy, with the first cases finally making their way to a settlement.

The Virginia Injury Lawyer’s Perspective:

If you or a loved one has been seriously injured by a dangerous or defective product, you should contact an experienced personal injury lawyer as soon as possible. There is a finite period of time to take legal action against those responsible for manufacturing the device and once the statute of limitations expires, you are barred from seeking compensation.

Attorneys with our Virginia personal injury law firm have helped many victims of dangerous and defective products recover damages from companies whose negligence or disregard for consumer safety led to injuries.

Helpful Info:

If you or a family member has been injured by a defective or dangerous product, you can begin to learn about your legal rights and options by reading this article.

Have Questions? 

We maintain a library of attorneys’ answers to frequently asked questions regarding recalled products.

CA

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton 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. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Consumer Reports Advises Against Taking Actos

By Richard Shapiro, Medical Malpractice Attorney

What Happened:

Recently, the FDA announced its approval of the first generic version of type 2 diabetes drug Actos (pioglitazone) despite a mounting number of lawsuits pending against the manufacturer of the brand name drug, Takeda Pharmaceuticals. A few days after that approval, Consumer Reports took the bold step of recommending that its readers avoid using both the brand name and any generic versions of the drug.

As Virginia dangerous drug injury attorneys, we were pleased to hear that the consumer watchdog group said that, “Our medical advisers say that people with diabetes should use pioglitazone, generic or brand name Actos, only as a last resort.” Consumer Reports said that Actos should not be tried unless all other options have failed. The organization went further, saying that patients, including those in Virginia and North Carolina, already taking the prescription drug should talk to their doctor about the possibility of switching to metformin or various other options.

Actos, and its new generic counterpart, can cause serious side effects, such as an increased risk of heart failure, bone fractures, and bladder cancer. Other medications to treat diabetes, such as metformin, are thus better first choices, according to Consumer Reports.

For more than a year, warnings have been around over the safety of Actos. In June of 2011, it was reported that Germany and France had banned Actos after a study indicated long-term use could increase bladder cancer occurrences by as much as 40%. In April of this year, Health Canada issued a warning after a study there showed a greater than 40% increased risk of bladder cancer from Actos use. In May, the British Medical Journal published a study which indicated that increased bladder cancer risks from long-term Actos use may actually be as high as 83%.

The Virginia Injury Lawyer’s Perspective:

As Virginia dangerous drug injury attorneys, we wonder how, given the recent studies linking Actos to bladder cancer and blurred vision, the drug is still being marketed to patients. If you or a loved one has been seriously injured by a dangerous or defective drugs, you should contact experienced Virginia injury attorneys handling dangerous drug cases as soon as possible. Attorneys with our Virginia personal injury law firm have helped many victims of dangerous and defective drugs recover damages from companies whose negligence or disregard for consumer safety led to injuries.

Helpful Info: 

If you or a family member has been injured by a defective or dangerous drug, you can begin to learn about your legal rights and options by reading this article.

Have Questions?

We maintain a library of attorneys’ answers to frequently asked questions regarding defective or dangerous drugs.

CA

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton 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. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


2 Million Baby Bathing Seats Recalled Due to Risk of Skull Fractures

By Kevin Duffan, Medical Malpractice Attorney

What Happened:

According to a report in the Long Island Newsday, more than 2 million infant bathingseats are being recalled due to risk of injury to young children. The affected device is the Mother’s Touch/Deluxe Baby Bathers manufactured by Summer Infant Inc., of Woonsocket, R.I.

The Consumer Product Safety Commission has received seven reports of incidents in the United States, including five reports of infants suffering head injuries from falls from the bathing seats. Four children between two weeks and two months old received skull fractures, including one who required intensive care for bleeding in the brain. The fifth child received a bump to the head requiring emergency room treatment.

The government has announced that the products were sold in stores and online from September 2004 through November 2011. The bathing seats were manufactured in China.

Safety advocates have urged consumers to immediately stop using the bathing seatsand to contact the company for a free repair kit. Anyone injured by a bathing seat or any other product should visit the CPSC website to report the incident.

The Virginia Injury Lawyer’s Perspective:

Though something as benign as a bathing seat can hardly seem to pose a risk to your children, the fact is that even familiar items can be dangerous under the right set of circumstances.

During my more than 25 years of personal injury work in Virginia, I have represented people injured by a wide variety of seemingly innocuous devices. If you or someone you love has been injured by a defective consumer product, including baby bathingseats, consider consulting with an experienced VA injury attorney. My colleagues and I have the background to fight for the justice you deserve.

Helpful Info:

If your child has been injured by a dangerous or defective product, you may be able to hold the company that manufactured and marketed the device accountable by filing claims for compensation for medical costs, lost wages and pain and suffering. Read this article to begin learning about your legal rights and options when a faulty product leads to injuries.

Have Questions?

You can learn more by reading through this online library of lawyers’ answers to frequently asked questions regarding recalled, poorly designed and unsafe consumer goods.

CA

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton 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. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Number of Medical Device Recalls Reaches Two-Year High

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

What Happened:

According to one recent article, this past year has seen a massive number of medical device recalls. According to ExpertRecall, a company that tracks food, drug and device recalls, a whopping 123 million such devices were recalled in the most recent quarter of the year, representing a nearly two-year high.

The total number of individual units affected by the recalls passed the 100 million mark for the first time since the third quarter of 2010. The 123 million units recalled last quarter represent an astounding 50% increase on the 82 million units recalled in the first quarter of the year. Stepping even further back in time, the second quarter of 2011 saw recalls for only 16 million devices, about 1/8 as many as last quarter

It wasn’t just medical devices that saw millions of recalls last quarter, the group revealed that there were 69 pharmaceutical recalls in the second quarter of 2012 affecting a total of 12 million units of prescription drugs.

Companies involved in the recalls include Coviden PLC, which recently announced a voluntary recall of some DGPHP RFA high-power single use grounding pads. It also announced a voluntary global recall of some adult tracheostomy tubes.

CareFusion Corporation launched a recall earlier this summer of its EnVe ventilator due to potential risks that the device could compromise patient ventilation. The company also announced a voluntary recall of its AirLife Infant Breathing Circuit.

DePuy Orthopaedics has also been forced to recall yet another line of hip and other artificial joint implants. This time, the Johnson & Johnson subsidiary said that it would be pulling all of its unused custom orthopedic devices due to concerns raised by the FDA. The recall notice was issued on August 24, 2012, two years after the company issued its major ASR hip-implant recall.

Abbott Laboratories recalled some Architect Toco IGG Reagent kits while General Electric’s medical systems unit recalled X-ray machines due to faulty wheels. Perhaps most uncomfortable of all, Johnson & Johnson announced just this week that they would be recalling certain hemorrhoidal circular staplers due to the potential risks of a misfire.

The Virginia Injury Lawyer’s Perspective:

If you or a loved one has been seriously injured by a dangerous or defective product, you should contact an experienced personal injury lawyer as soon as possible. There is a finite period of time to take legal action against those responsible for manufacturing the device and once the statute of limitations expires, you are barred from seeking compensation.

Attorneys with our Virginia personal injury law firm have helped many victims of dangerous and defective products recover damages from companies whose negligence or disregard for consumer safety led to injuries.

Helpful Info:

If you or a family member has been injured by a defective or dangerous product, you can begin to learn about your legal rights and options by reading this article.

Have Questions?

We maintain a library of attorneys’ answers to frequently asked questions regarding recalled products.

CA

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton 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. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Maryland Hospitals Referring Medical Malpractice Victims to Attorneys

By Rick Shapiro, Medical Malpractice Lawyer in Virginia

An attorney with the Shapiro, Lewis & Appleton law firm recently wrote about medical malpractice attorneys being referred to patients by hospitals in Maryland (MD). To learn more, read “Should Hospitals Refer Victims of Medical Malpractice to Attorneys?”.

MH

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and 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. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Expired Vaccine Allowed Girl to Develop Life-Threatening Infection, Jury Finds

The Florida girl had to have all four limbs amputated in order to save her life.

By Shapiro, Lewis, Appleton and Favaloro, Medication Error Victim’s Attorney in Virginia

In his latest post our Virginia (VA) personal injury lawyers’ website, my colleague Jim Lewis reports that a Florida (FL) girl who developed a life-threatening infection and had to have all four limbs amputated after she received an expired vaccine won her medical malpractice lawsuit. Jim does note, however, that winning the legal victory took 10 years. To read more, click over to “Medication Error That Led to Multiple Amputation Results in $12.6M Malpractice Award.”

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and 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. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Doctor Report Cards Based on Medicare Data Could Protect Patients From Malpractice

The federal Centers for Medicaid & Medicare Services will open its Medicare billing database to employers and consumer health care advocates.

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

In his latest post to our Virginia (VA) personal injury attorneys’ website, my colleague Jim Lewis reports the federal Centers for Medicaid & Medicare Services will open its Medicare billing database to employers and consumer health care advocates so those organizations can prepare doctor report cards. Jim notes that the grades on physicians’ experience and history of errors, expected by late 2012, could prove invaluable for protecting patents from medical malpractice ranging from misdiagnoses to botched surgeries. To read more, click over to “Medicare Data Becoming Available for Preparing Doctor Report Cards.”

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and 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. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.