COMMITTED TO PROTECTING THE RIGHTS OF PERSONS INJURED BY THE NEGLIGENCE OF OTHERS.

Archive for March, 2009

Birth Trauma Litigation

Thursday, March 26th, 2009

Birth trauma litigation is a very complex area of the law, and only a highly skilled attorney with an extensive track record in this area is able to ensure justice for the family.

Birth trauma usually refers to situations where children are victims of medical malpractice as they are being born. They may suffer significant injuries or death during, or as the result of something going wrong with the pregnancy or during delivery. “This is to be clearly distinguished from birth defects that happen prior to birth and were likely the result of genetic flaws or other processes during the pregnancy,” outlined Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio.

Statistically speaking, it appears that birth injuries may occur in roughly five out of 1,000 births. While not a shocking number, it is still high enough to cause concern. Injuries of this nature are usually the result of a nurse, mid-wife or doctor failing to properly assess or react to conditions that arise during pregnancy or during the baby’s delivery.

Not every birth injury forms the basis of a medical negligence claim. In fact, in order to file such a claim, the injuries must be severe, if not classified as catastrophic. The reason for this is that these kinds of cases are enormously expensive to pursue. Most litigations of this nature require an in depth review of the medical records, and the presence of various medical witnesses who testify that the physician involved in the birthing violated the accepted standard of care. “It’s not unheard of that medical negligence claims can cost over $500,000,” said Mellino.

Some of the medical negligence cases that Mellino has tried have involved children who did not survive birth, suffered permanent brain damage, shoulder dystocia, Erb’s Palsy and Cerebral Palsy. “Unfortunately there are a high number of birth trauma cases that go unreported because the parent’s are not aware they may be victims of medical negligence or because the injuries may not be that serious,” added Mellino.

In all cases where a child has suffered a birth trauma, it is best to consult with a skilled medical malpractice lawyer such as Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio. Mellino is noted for his razor sharp ability to get to the heart of his cases and get justice for his clients.

Amputation – Loss of Limb Litigation

Thursday, March 26th, 2009

In most instances amputation is thought of as the removal of a body part via surgery or trauma. It is usually performed to stop the spread of a disease or limit an existing malady.

Amputation has a rather colorful history starting in the 15th century when doctors performed surgical intervention on gangrenous or severely injured limbs. “Needless to say the results were often less than perfect due to infection and major blood loss,” indicated Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio. Amputations weren’t performed with any degree of frequency until the 19th century when anesthesia was introduced into the equation and blood loss and infection control became more effective.

By the time the 20th century rolled around, the better the medicine, the better the amputations – often resulting in prosthetic limbs and longer, healthier lives. In the 21st century the major reasons for amputations include gangrene, diabetic foot infections, bone infections, cancerous bone or soft tissue tumors and traumatic limb injuries. This is difficult enough to have done if a person is expecting this type of surgery. Imagine what would happen if a patient woke up in the hospital after what they thought was routine surgery, and found they were missing an extremity?

“The results of amputation, even if expected, may result in catastrophic emotional trauma, not to mention the resultant physical limitations,” said Mellino. If a person was not expecting to lose a limb and wakes up missing an arm, foot or leg, the results are devastating. More than 50% of those who have had an amputation suffer from the phantom limb phenomenon, where the patient feels the missing extremity, even if it is no longer there. This may involve the very real feelings of burning, itching and aching.

Aside from the real possibility of a limb being amputated by mistake, there is also the chance that an amputation does not go as expected, and the results are less than optimum. “Medical negligence may play a part in cases such as this, but these are matters best discussed with a highly trained medical malpractice attorney,” added Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio. It is important that patients in situations such as this know their rights, know what compensation they may be entitled to and know that their legal counsel will go to the mat for them to ensure justice is done.

Product Liability Law – Propulsid

Thursday, March 26th, 2009

Propulsid was supposedly designed to solve acid reflux; instead its side effects caused fatal heart rhythm abnormalities.

Propulsid/Cisapride was made by Janssen Pharmaceutical and was supposed to handle nighttime heartburn by moving food out of the stomach, and keeping acid away from the esophagus. It was approved by the Food and Drug Administration (FDA) in 1993, and was marketed as being able to tighten the valve between the esophagus and the stomach.

For three years there was no warning label about the drugs effect on people’s heart rhythms. Then adverse event reports began coming in, prompting Janssen Drugs to warn people they could die taking Propulsid. The drug was finally taken off the market in 2000. Taking it off the shelves affected over 350,000 Americans taking it. Over 30 million people had taken the drug since 1993.

Up until 2000 when Propulsid was taken off the market, the FDA received approximately 341 reports of serious heart problems and at least 80 deaths. Those stunning figures are what prompted the drug recall. Propulsid was approved for use only with adults, but it appeared infants and premature babies got it as a treatment for colic. Of the 80 deaths, 11 were children and 20 of the 341 adverse reactions were little ones with nonfatal heart irregularities.

Other damning evidence leaked out about this drug while it was still being marketed. Facts included information that Propulsid reacted badly to other drugs, and should not have been taken with allergy medicines, antidepressants, medicines for irregular heart rhythms, antibiotics, etc.
Propulsid side effects included sudden death, heart attacks, heart rhythm disorders, seizures, hepatitis, thrombocytopenia, and aplastic anemia, etc.

Propulsid lawsuits indicate the drug company didn’t perform proper safety studies that would have told them this was a dangerous drug. There were also allegations that the FDA didn’t reveal research that indicated the drug was flawed, because how it worked was supposedly a trade secret.

If you have any questions about having taken Proplusid/Cisapride, or about your legal rights when it comes to taking dangerous drugs, contact a dangerous product attorney who will advise you on how to proceed.

This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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