Medical Malpractice Attorneys Win Large Verdict in Birth Defects Case

Ana Mejia and Rodolfo Santana were excited about the birth of their son Brian. That excitement was offset considerably when it was discovered that the baby had major malformations and birth defects. Medical malpractice attorneys took the case on behalf of the parents and argued that Dr. Marie Morel, OB/GYN Specialists of Palm Beaches and Perinatal Specialists of the Palm Beaches, had failed to properly diagnose their son and notice the potential defects. A Florida jury agreed with the plaintiffs and awarded them $4.5 million in the medical malpractice lawsuit.

Doctors Fail to Properly Examine Pregnant Woman

medical malpractice attorneys in NJ and PABrian Santana was born with no arms and one leg. The parent’s lawsuit claims that Morel and the ultra sound technician should have detected the missing limbs. The medical malpractice attorneys also found that both the doctor and the technician signed a report stating that they had seen all four limbs during the ultrasound. This news led the parents to believe that their child was healthy and would not be suffering from any major birth defects. The plaintiffs argued that because of this negligence, they were not properly informed about their son’s health and had they been, they would have terminated the pregnancy. This failure to properly diagnose the young boy and properly inform the parents of his health is a clear violation of the acceptable standard of medical care. It is the hope of the medical malpractice attorneys that this money will be an appropriate amount to care for the child, who will need considerable medical attention for his entire life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victimized by medical malpractice or negligence, you should contact a medical malpractice attorney to discuss your legal rights. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Birth Defects Attorneys Reveal List of Anti-Convulsants Causing Birth Defects

It is no secret that pregnant women have difficulty with medications, as many medicines and drugs can have extremely adverse effects on a fetus. Birth defects attorneys remind pregnant women to always check with their OB/GYN before taking any medications.

Because medicines can have such devastating effects on a pregnancy, a pregnant woman’s medicinal treatment is usually quite limited. For pregnant women suffering from epilepsy, that treatment is about to become even more limited.

Topamax, the FDA, and AdverseEvents, Inc.

birth defects attorneys in nj and pa Months ago, the Mininno Law Office blog posted about the anti-epileptic drug Topamax, which was shown to cause oral malformations, such as cleft lip or cleft palate, in newborns whose mothers took the drug during pregnancy. The FDA recently changed the drug’s classification from Class C, which is a drug that displayed adverse fetal effects during animal testing, to Class D, which is a classification for drugs that display “positive evidence of human fetal risk.” Now, a litany of other anti-epileptic drugs have been added to a list of drugs that are dangerous to fetuses.

Unfortunately, thanks to the competitive nature of Big Pharma, attorneys, consumer protection and/or patient advocacy groups, and private companies are the people releasing information about the dangers these drugs pose when taken during gestation; dangers as told by the FDA’s Adverse Events Reporting System.

AdverseEvents Inc. is a private company that analyzes the FDA’s adverse drug event database for use in the healthcare industry. AdverseEvents Inc. discovered that the following drugs had as many as 25 reports of birth defect related complications.

  1. Carbatrol/Tegretol – head and facial deformities, spina bifida, and heart defects
  2. Depacon/Kene/Kote – neural tube defects, craniofacial defects, cardiovascular malformations
  3. Dilantin – oral/heart malformations, growth/mental retardation, Fetal Hydantoin Syndrome
  4. Keppra – skeletal problems, slowed growth (before and after birth)
  5. Klonopin – Oral malformations (cleft lip/palate), limb defects, infant withdrawal
  6. Lamictal – cleft lip, cleft palate
  7. Neurontin – spina bifida
  8. Trileptal – craniofacial defects, miscarriage
  9. Zonegran – spina bifida, cerebral palsy, cleft lip/palate

None of the above drugs have had classifications changes from the FDA, but for a few, it is only a matter of time.

Birth Defects Attorneys in New Jersey and Philadelphia

If you are a pregnant and currently taking any of the aforementioned anti-epileptic drugs, speak with your doctor as soon as possible about other, safer options. If you are a parent who has recently given birth to a child who suffers from a birth defect that you believe can be attributed to one of the above prescription drugs, contact the Mininno Law Office to speak with birth defects attorneys and discuss your legal rights. You may also call for a free case evaluation and consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Nursing Home Abuse and the State Ombudsman

nursing home abuse and beglect ombudsman in new jersey
By definition, an ombudsman is a government official who hears and investigates complaints by private citizens against other officials or government agencies. In the state of NJ, an ombudsman works on behalf of the elderly in nursing homes and long term care facilities through the The Office of the Ombudsman for the Institutionalized Elderly. This office accepts reports and complaints of nursing home abuse, negligence, inadequacy, theft, fraud, and other issues concerning the care residents receive in nursing homes and long term care facilities. The office invesitigates these reports of abuse and neglect from a neutral, third party stand-point, and takes the proper steps in the event that abuse is taking place.

I am a Victim of Nursing Home Abuse, What Should I Do?

If you or someone you know have been abused or neglected in a nursing home, the first thing you should do is contact the Elder Ombudsman’s Office. They will document the complaint, and take further steps to investigate it. Your next step is to contact a nursing home abuse attorney.

The NJ and PA nursing home abuse attorneys at the Mininno Law Office are dedicated to eradicating the disturbing trends of abuse and neglect in our nation’s nursing homes and long term care facilities.

Contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, and (215) 567-2380 in Philadephia.

New Jersey Office of the Ombudsman for the Institutionalized Elderly
To file a complaint:
Call 24-Hour Toll Free Hotline: 1-877-582-6995
Email: ombudsman@advocate.state.nj.us
Write: The Office of the Ombudsman
P.O. Box 852
Trenton, NJ 08625-0852
Fax: 609-943-3479

Pennsylvania Office of the State Long-Term Care Ombudsman
Pennsylvania Department of Aging
555 Walnut Street, 5th floor
Harrisburg, Pa. 17101-1919
(717) 783-8975

Medical Malpractice Attorneys Represent Couple in Case of Neglect

medical malpractice attorneys in NJ and PAChristina Mecannic, 40, and Michael Yocabet, 50, have been together for twenty one years and have an eighteen year old son. When Michael was in need of a kidney transplant, it was a no-brainer for Christina to be the donor. Unfortunately, medical malpractice attorneys have found that Michael’s doctors went forward with the procedure and transplanted the kidney despite blood test results that showed Christina had been infected with hepatitis C.

Hepatits C is an infectious disease caused by the Hepatitis C Virus, or HCV, that usually affects the liver. It tends to be asymptomatic at early onset and over time starts to affect liver function. Those with Hepatitis C generally face a higher risk of cirrhosis, which can lead to liver cancer, liver failure, or other fatal complications.

Based on this shocking and nearly unbelievable news, Michael fears that he may have contracted the fatal liver disease following the transplant that took place on April 6th at the University of Pittsburgh Medical Center(UPMC).

Transplant Team Allegedly Misses a Crucial Blood Test Result

The couple has filed two malpractice lawsuits in which their medical malpractice attorneys will argue that there was negligence on the part of UPMC, University of Pittsburgh Physicians, four doctors, a nurse, and the whole kidney transplant center. Even more unnerving, the lawsuit alleges that the doctors offered Mecannic the option of keeping the hepatitis C diagnosis secret from her boyfriend after asking whether she was ever unfaithful to her partner and accused her of using cocaine. UPMC officials vigorously deny that there was a cover up and a spokesman stated “we sincerely regret the human error that caused this situation . . . once the error was discovered, UPMC disclosed the information to the patients involved”. The actual transplant procedure went well but now Yocabet faces the prospect that his treatment for the liver disease could in turn harm his new kidney due to the anti-rejection medication he is currently taking.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should speak with a medical malpractice attorney as soon as possible. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys Win Verdict, Damage Caps Destroy It

When Lisa Gourley was pregnant with twin boys, Colin and Conner, she was nothing short of ecstatic. However, when she was 36 weeks into her pregnancy, she noticed that the babies’ movements had decreased significantly. Lisa’s doctor told her not to worry about it and sent her back home as if everything was normal. Unfortunately, everything was not normal. When the twins were delivered, neither was breathing. Colin was not getting oxygen and suffered a brain injury. Medical malpractice attorneys won the family $5.6 million to cover Colin’s future medical expenses and for pain and suffering.
new jersey philadelphia damage caps destroy verdict
Lawyers project that Colin will need approximately $12.4 million to receive the care he needs for life. This figure far exceeds the actual amount awarded after cap laws in Nebraska reduced the nearly 6 million dollars to just over 1 million. Lisa Gourley stated “we feel, you have a right to a jury trial. That’s one of your constitutional rights and part of that is your right to a remedy.” Colin Gourley’s case is clearly a devastating one; his entire life altered due to medical malpractice. It must not be easy for him to watch his twin brother, a healthy young man, do all of things normal, healthy teenagers do, while he himself must struggle ten times more through life.

The boys are now 17 years old and Mike Gourley, their father, stated that Colin “knows enough to understand that Conner has girls over, friends over. He likes that and wants the same stuff. But he doesn’t have the ability to socialize.” This story is a nightmare for medical malpractice attorneys, who fight to earn clients a sum of money that should be sufficient to help support them for life but it is drastically cut by damage caps.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should seek out the counsel of our professionals. We are experienced and successful in earning awards for victimized patients. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Elder Abuse Lawyers Report on Man Killed by Bed Sores

new jersey philadelphia elder abuse lawyers bedsores stage four

As elder abuse lawyers, we’ve seen and heard it all when it comes to nursing home residents and bedsores. But occasionally, a story or case comes along that is so severe it shocks us. Ross Rasmussen, 58, is facing charges of severe elder abuse after the death of an 86 year old manunder his care.

The man suffered a stroke that left him unable to move or speak. He was staying in a “remotely-operated” care home where Rasmussen worked. Rasmussen is a registered nurse and was the case manager for the man which meant that he was supposed to monitor his condition and provide the necessary care. Rasmussen is pleading no contest to the second-degree assault charges that say he failed to provide that care from July 2007 to October 2007. Rasmussen maintains that he checked on the man every month, as required, and on his last visit on September 11, 2007, there were no signs of bedsores. “If I had known there was a problem, we would have done something about it,” he said in court.

But on October 12, 2007, the elderly man was found unconscious and taken to Maui Memorial Medical Center. There, they found the man plagued with more than 11 bedsores. The bedsores covered his entire back side, from shoulders to heels. One of his heels actually developed gangrene. The man died three days later. Deputy Attorney General Dawn Shigezawa said, “Many of them were stage four, meaning it went through tendon all the way down to the bone. By the time he got to the hospital, he was too late to be saved. It was a horrible way to die.” Rasmussen has been ordered to pay a $10,000 fine and was placed on five years’ probation.

Caretaker Fails to Provide Bare Minimum Care

According to Shigezawa:

“The state’s position is that the defendant flat out did nothing…Basically, any RN (registered nurse) worth his salt as a professional would have at least noticed his wounds due to the severity. If Mr. Rasmussen basically did the minimal check and looked down his hospital gown, he would have noticed it…It wouldn’t have taken much. It was just a case of severe neglect.”

Late stage bedsores take a significant time to develop and Rasmussen should have known that a patient that is physically immobile is at a high risk of bedsores and needs to be turned multiple times per day. Monthly visits are not enough to prevent such a horrible outcome and Rasmussen did not fulfill his obligation as a caretaker.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently under the care of an individual or they are a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, you should speak with our professionals: contact the Mininno Law Office for a free case evaluation or call for a free consultation with one of our elder abuse lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse Lawyers: Man Found With Sores and Maggots on Feet

new jersey philadelphia nursing home abuse Deseret HealthCare Rehabilitation center

As nursing home abuse lawyers , it is not often that we are shocked by a case of abuse or negligence. Every once in a while, however, we come across a story that is so disturbing, that it’s hard to imagine any type of care facility allowing their care to become so lax.

On Tuesday, September 20, 2011, a 67 year old man was taken to the Via Christi Hospital in Kansas for chest pains. The doctors discovered that the resident of the Deseret HealthCare and Rehabilitation center had open sores and maggots on his feet. The police were called and the victim told them that he was being mistreated at the facility.

Facility Shows Poor Track Record

Melisa Land, the Deseret HealthCare and Rehabilitation’s administrator, would not discuss the patient. Below is the statement she did release;

“However, we are taking these allegations seriously. We are currently investigating the situation and fully cooperating with the proper agencies…As always, the Deseret commitment is to the health and safety of each and every resident — including the resident making the allegation.”

This incident has brought up the home’s poor record. In the latest inspection in April, the facility was cited for twenty-five violations, a number that is significantly higher than the state average of eleven and the national average of eight. Officials found a rusty floor vent, a broken call light, a resident whose toenails had grown an inch from the tip of the toes, and a resident’s bed left with urine soaked sheets. These are serious deficiencies that put the residents at risk for physical harm.

Unfortunately, this is not the first time the home has received poor performance reviews. In December 2008, 47 citations were handed out, and in December 2009, another 24.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you have witnessed your loved one being abused, you have noticed any strange bruises, scratches or sores, or you fear that the care they are receiving may be considered negligent or abusive, our professionals can address your questions and concerns. Contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation with one of our nursing home abuse lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Elder Abuse Lawyers Congratulate Activist for Winning ‘Genius’ Grant

On Tuesday, September 20, 2011, The John D. and Catherine T. MacArthur Foundation awarded Marie-Therese Connolly their $500,000 “genius grant.” According to the MacArthur Foundation, Connolly has “devoted her career to laying bare the many forms of elder abuse: physical and psychological, as well as financial exploitation and wrongful deprivation of rights.” As elder abuse lawyers , we were very happy to hear about the recognition of someone who has spent her career fighting for those who can no longer fight for themselves.

elder abuse lawyers in NJ and PA
Marie-Therese Connolly, a former Department of Justice lawyer, recently said in an interview,

I was shocked that the problem is so invisible…There is so much opportunity for change, and I can’t think of another issue that affects so many people and where less is being done.”

She has worked tirelessly for years hoping to change the problem of elder abuse. She has written, lectured, testified before Congress and been instrumental in creating laws that help protect the elderly. In the late 1990s, Connelly was put in charge of the Elder Justice and Nursing Home Initiative that was created by the Clinton administration. She was the inventor of the Elder Justice Act which Congress passed last year and the founder of Life Long Justice, a non profit organization aims to fight elder abuse.

It should be a part of the national conversation like health care, justice and jobs… I’m just hoping that the foundation’s recognition of what’s really a growing epidemic is the beginning and will be a game-changer in the whole field,” Connelly said.

Connelly’s Peers in the Fight against Elder Abuse Sing Her Praises

Connelly is admired and respected among elder abuse lawyers, government officials, and other advocates for the elderly. It is amazing what she has done for the elderly community and she deserves all of the recognition and praise she receives.

I see her as one of the major leading figures in the development of a broader social movement to address elder abuse,”

said Kathy Greenlee, the assistant secretary for aging at the Department of Health and Human Services. U.S. Attorney General Eric H. Holder Jr. also commented,

I commend the MacArthur Foundation for recognizing the critical importance of the work Marie-Therese helped launch several years ago at the Justice Department, and the need for our continued vigilance in combating elder abuse, fraud and neglect.”

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation with one of our elder abuse lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys Try to Settle on Behalf of Bereaved Family

medical malpractice attorneys in nj and pa

Michael Notarangeli is the executor of the estate of Elaine Notarangeli, a Massachusetts woman who was 72 years old when she passed away. The family urges that the delay in diagnosis and treatment of a necrotic bowel led to the woman’s death. Necrotic bowel occurs when there is a lack of blood flow to the region. The family agreed to attempt to negotiate an out of court settlement through mediation with the defendants, including Lakes Region General Hospital, as well as several other doctors. Medical malpractice attorneys generally attempt to settle cases more frequently than they take them to trial in order to provide compensation for their clients more quickly and to avoid the hassle of a long and extensive litigationprocess.

Settlements are the Optimal Solution

An enormous amount of civil lawsuits are settled long before they ever reach the courtroom and there is a good reason for that. The sooner the process comes to an end, the quicker a patient can be compensated for any injuries that have been sustained. Furthermore, medical malpractice attorneys find that as litigation drags on there are increasing costs. Courts are already backed up and it often takes years for a case to get before a judge. Such is the case with Notarangeli. If that a settlement is not reached, it is likely that the case will not be heard until 2013.

Lawsuits and all of their counterparts – preparation, discovery, and investigation – are quite costly. These costs can be avoided if a settlement is reached early on in the process, leaving a much larger amount to a patient in need of compensation. Settlements very often are more beneficial to a victim or a victims family, trying to move on from their tragedy and get on with life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, take the time speak with our medical malpractice attorneys about your legal rights. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys: Woman Lost Legs and Nearly Lost Life

Sharlee Ann Smoyer was only fifty five years old when she was the victim of medical negligence that changed her life forever. Smoyer’s medical malpractice attorneys argued that a home care nurse, who was treating Smoyer for complications associated with her Crohn’s Disease, did not report a bacteria-infected catheter while caring for the plaintiff. The infection, which became quite serious and nearly killed the 55 year-old woman, led to the amputation of both legs below the knees and a finger on the left hand.

Woman Awarded $23 Million in Damage

new jersey philadelphia medical malpractice attorneys Sharlee Ann Smoyer case

Judge Carol McGinley oversaw seven days of testimony in the case. At the conclusion of the trial, the jury found the nurse, Jolynn Yurchak, and her employer, St. Luke’s Miners Memorial Home Care, liable. The plaintiff was awarded $23 million in order to compensate for pain and suffering, medical expenses, and lost wages. The plaintiff’s lawyers stated,

Sharlee Smoyer was one of St. Luke’s most vulnerable home-care nursing patients and they refused during this trial to accept even the most basic responsibility for mistakes made in her care.

The medical malpractice attorneys concluded,

Ms. Smoyer hopes that the verdict will result in St. Luke’s redoubling its efforts to help prevent catheter-related bloodstream infections in the home-care setting.”

Although the plaintiff was awarded an enormous amount of money, this amount is necessary to help her adjust to the drastic changes that will now shape her life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.