MEDTRONIC RECALLS HEPARIN-COATED BYPASS EQUIPMENT

While receiving no reports of contamination, Medtronic Inc. is voluntarily recalling some of their disposable devices used during cardiac bypass surgery. Medtronic reports that the devices are coated with its Carmeda BioActive Sulfate–which includes the blood thinner, Heparin, The device is generally used to help prevent blood clots in cardiac bypass patients.

Medtronic elected to recall their product in response to an FDA recommendation issued after reports of serious injuries and death in began to surface among patients who received injectable heparin products containing high levels of oversulfated chordroitin sulfate….Click here for the full story.

Free Legal Advice: Mininno Law Office

Do I need a lawyer to file a medical malpractice lawsuit in NJ or PA?

First of all, why would you want to file a medical malpractice lawsuit on your own?!

Do I believe that an average, intelligent person can handle their own divorce or file suit in small claims court?  Absolutely.  However, when it comes to medical malpractice lawsuits, I firmly believe that a person must be represented by an experienced trial attorney.

Most licensed attorneys won’t even take a medical malpractice case because they are so complicated and risky.  Hospitals have deep pockets and hire only the best lawyers to handle their medical malpractice suits.  These attorneys have exceptional trial skills and comprehensive medical knowledge.  If the majority of practicing attorneys refuse to go up against these guys, why would an average, intelligent person want to do the same?

Furthermore, consider the expenses that go into a medical malpractice lawsuit.  Experts cost thousands of dollars.  Doctors charge thousands of dollars just to show up in court.  Medical records cost money.  Independent medical examinations cost money.  A lawyer may literally spend $100,000 before he/she even steps foot in a courtroom!  That’s a heavy burden for a small law firm, let alone an injured person living off of a disability check or SSI because of their injuries.

I’m sure the number one reason that someone would want to file their own medical malpractice lawsuit is because they do not have money to hire an attorney.  While that may be a legitimate concern in other areas of the law, medical malpractice lawyers work on a contingency basis.  This means that we do not get paid unless the client wins.  If god forbid we loose, all of the expenses listed above come out of the attorney’s pocket– not the client’s.

So if you are truly hurt and are counting on a settlement just to get by for the next few years, why would you risk that chance by trying to handle things on your own?  I may have drills in my toolbox, but if I need a root canal, I’m going to the dentist!  I don’t have the skills or know-how to perform my own dental work.  The same holds true with medical malpractice lawsuits.  If you are hurt, don’t jeopardize your chances of winning your lawsuit and being able to put money aside to take care of yourself in the future.  The hospital or doctor you’re suing WILL hire a professional, and I suggest you do the same!

Hopefully now you’ve changed your mind about going at it alone!  If you are ready to contact an experienced medical malpractice law firm, we would be more than happy to help you with your case.  Either fill out the case evaluation form on the left side of the page, or call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.  A medical malpractice attorney and licensed nurse will contact you within 12 hours.

For further information on medical malpractice lawsuits in New Jersey and Pennsylvania, click on the following links:
New Jersey Medical Malpractice Attorneys.

John Mininno Featured in South Jersey Magazine’s 2008 Awesome Attorneys

On behalf of the legal staff at Mininno Law Office, we are excited to report that John Mininno, Esq. will be featured in the 2008 edition of South Jersey Magazine’s Awesome Attorneys!

To all of our friends and family, please show your appreciation for all of John’s hard work and dedicated service by voting for him in the areas of medical malpractice, personal injury and products liablity.

Click here to vote for John Mininno as South Jersey’s 2008 Awesome Attorney!

TWISTER HAMMERHEAD DUNE BUGGIES RECALLED

Today, the US Consumer Product Safety Commission issued a recall for defective Dune Buggies manufactured by TJ Powers Sports, LLC of Irving, Texas. Consumers were warned to immediately stop using the product until further notice. The defect involves a seatbelt adjustment which may break during impact or stress and poses an injection injury and hazard to both drivers and passengers.  Already, 1 consumer has suffered nerve damage to his right arm as a result of the defect.

The product involved is a Dune Buggy by the trade name “Twister Hammerhead” with model number UM150IIR and model year 2004.  This product was manufactured in China and apparently escaped the safety inspection requirements of most products.  For further information go to this link.

Free Legal Advice: Defective Products

5 Ways To Detect Nursing Home Abuse

While some acts of nursing home abuse are blatantly obvious (such as a loved one kept in an over medicated state for no reason), others are more subtle and may be overlooked by family or friends. If your loved one displays the following characteristics while residing in a nursing home facility, chances are he/she has been the victim of abuse.

  1. Bedsores or Open Wounds– Nursing homes often insist that bedsores are natural and to be expected among frail or immobile residents. Sadly, many families believe this lie and watch helplessly as their loved one experiences pain and sometimes fatal complications as a result of these sores. The truth is that 99% of bedsore cases are the result of abuse and negligence. Nursing homes have strict guidelines that require them to move patients every 2-3 hours and keep their sheets/ garments dry to prevent moisture from irritating the skin. If your loved one has a bedsore, it is likely that this regiment was not followed by the staff. Upon detection of a bedsore, family members should insist that he/she is moved to a medical facility for treatment and contact an attorney to discuss your rights against the nursing home.
  2. Unexplained bruises, cuts, burns or fractures– While it is true that accidents may happen among weak and frail nursing home residents, families should be suspicious of any injury sustained at the facility. Sometimes residents are dropped or abused while in a medicated state and therefore do not remember what happened to them. Family members should not be afraid to ask questions about the situation. If the nurse or aid seems to hesitate or offer a vague explanation, chances are your loved one is being mistreated or neglected by the staff.
  3. Torn, Bloody or Stained Garments– If you notice torn, bloody or stained clothes, there is a good chance that your loved one has been the victim of sexual abuse. Sexual abuse is prevalent in nursing homes, especially among residents who are heavily medicated or have short-term memory problems. Unexplained venereal disease or genital infections are other signs of sexual abuse. Again, if you are not given a satisfactory reason for torn or stained garments or what seems to be a genital infection, remove your loved one from the facility immediately and report your suspicions to local authorities.
  4. Refusal or Delays to Visit the Resident– Family members should be immediately suspicious if the nursing home staff stalls before allowing a visit or openly denies a spontaneous visit in the absence of a medical reason. Family members should also be suspicious of any nursing home that will not allow the resident to have a private visit with a family member. This is a way to intimidate or prevent the resident from reporting the staff for any abuse or neglect that they have experienced.
  5. Abrupt changes in the resident’s financial documents or will– While a resident has the right to amend personal documents, family members should be suspicious if these changes happen abruptly or if the resident does not remember making such changes. The resident may have been coerced into changing the documents or giving out account numbers while under the influence of medication or after threats of physical harm.

If your loved one has displayed any of the warning signs listed above, you must act immediately to ensure the situation does not get worse. In the case of neglect, call every three hours to make sure the resident has been moved, groomed, bathed, etc. If you suspect sexual or physical abuse, consider moving the resident to a different facility. On the other hand, if you know for a fact that such abuse is taking place, move the resident immediately and contact an attorney to file suit against the abusive staff member and nursing home facility.

Most importantly, get involved in your loved one’s treatment and daily care. Family members make the best advocates for nursing home residents. When family members visit often and ask questions, staff members will be hesitant to engage in abusive activities or provide substandard care. Residents have rights, and involved family members will ensure that those rights are not violated by predators or careless staff.

For further information on nursing home abuse, click on the following links:

New Jersey Nursing Home Abuse Lawyers

US SUPREME COURT FAILS TO CURTIAL IRS WHISTLEBLOWER CLAIM

This past April, the United States Supreme Court announced its decision that it would not review the case of Murphy v. IRS. Consequently, the IRS can continue to tax damages awarded to victims of whistleblower retaliation and other civil rights violations — even though such damages are not income. Under previous law, whistleblowers that were awarded significant compensation received those funds “tax free’. This law was consistent with earlier court decisions, which stated that compensation for whistleblowers was not income and, therefore, any tax on a whistle blower”s damages violated the United States Constitution.

Unfortunately, because the Supreme Court decided not to hear the Murphy case, whistleblowers and victims of civil rights violations will have to personally fight the IRS in its taxation claims.

Fortunately, a bill is pending in Congress entitled Civil Rights Tax Relief Act of 2007 (“CRTRA’). This legislation would amend the tax code to end the improper and unfair taxation of whistleblower damages as well as other damages awarded to individuals who have suffered unlawful civil right violations and discrimination in the workplace. Hopefully, this bill will get some traction in that it is supported by both employers and employees and has unusually broad bipartisan support from members of Congress.

For further whistleblower lawsuit information, click on the following links:

Whistleblower Lawyer and Lawsuit Information

CVS WHISTLEBLOWER SUIT SETTLED FOR $36.7 MILLION

On March 18, 2007, CVS agreed to pay $36.7 million as a result of allegations that the company improperly switched patients from the tablet version of the prescription drug Zantak to a more expensive version in order to increase Medicaid reimbursement. The fraud was brought to light by a Bernard Listiza, a pharmacist in Washington, DC. Following extensive negotiations between the US Attorney”s Office and CVS, CVS agreed to pay $36.7 million for defrauding the government. The United States” share of the settlement was approximately $21.1 million, with 23 states and the District of Columbia sharing $15.6 million. More importantly, the pharmacist, Mr. Listiza, received $4,309,330.74 as his share of the settlement.

For further information on whistleblower lawsuits, click on the following links:

Whistleblower Protection

Whistleblower Lawsuits For 2005 Total $1.1 Billion in Settlements

The Federal Government issued a report stating that in 2005 alone, whistleblower lawsuits resulted in a recovery of 1.1 billion dollars to the United States Government. The actual whistleblowers that brought these claims to light were awarded $166 million dollars for their involvement.

One of the largest cases from 2005 involved a whistleblower that discovered Medicare had made $21.7 billion in improper payments to doctors, hospitals and insurers in 2004. After the government recouped the money, the whistleblower was awarded over a billion dollars in compensation.

Similarly, in March 2005, a whistleblower that had previously worked for defense contractor Northorp, was awarded $12.4 million after the company settled their $1.33 million lawsuit for overcharges to the Pentagon for massive fraud and over-billing.

For further information on whistleblower lawsuits, click on the following link:

NJ Employment Lawyer: Whistleblower Retaliation and Lawsuit Information

Where and When Was Contaminated Heparin Given in the US?

How Do I Know If My Reaction Was Linked To Heparin?

Every patient that has been hospitalized in the last year wants to know where and when contaminated heparin was administered in the United States. Sadly, no one knows. To date, the most concrete information issued by the FDA suggests that contaminated vials may have been introduced to the market as early as 2006. However, the FDA notes that the majority of injuries have been reported between January 2007 and the recall in early 2008.

Patients who have experienced weird reactions after heparin use can only wonder what, (if any) effect did the heparin have on their body. This is especially true in the case of high-risk pregnant mothers who were given heparin regiments to prevent clotting and dialysis patients who have died instantly during treatment. Families are scared, and at the very least, they want answers.

My Personal Investigation Into Heparin Contamination

Like many people who have had a loved one mysteriously die this year or experience strange reactions after heparin use, I too have become very suspicious of the drug and the allergic reaction my mother had following her abdominal hysterectomy in 2007.

My mother came through the surgery with flying colors, but became strangely ill during the recovery process. During that time, it is believed she was given heparin to prevent blood clots while she was on bed rest. Shortly thereafter, she started experiencing chest pains, irregular heartbeat and a swollen throat that affected her ability to breathe. Consequently, she was hospitalized, given every test in the book, but the doctors could not figure out what was causing these serious reactions.

For months, she swore something happened during that surgery. She insisted to every doctor on her case that the surgeon must have left behind a sponge or a tool in her body that was making her sick. Needless to say, now our family is in the same boat as many of you in trying to figure out if contaminated heparin could have caused this problem.

What Do I Do If I Was Given Bad Heparin?

Based on my own personal experience with the heparin problem, I can tell you that people are calling product liability lawyers such as those in our firm. They want answers, they want explanations-but they just are not getting them from the FDA. As a result, these people turn to lawyers to help them investigate. Again, based on my own experience, I understand the desire to hold the drug companies accountable for the pain and suffering of a loved one. In my opinion, purposely including a deadly contaminant in heparin to save a buck is unacceptable and the Chinese and American manufacturers should have to pay for the harm it has caused our families.

As I have said before, if you or a loved one is a dialysis patient, a heart patient, or was placed on heparin during a high-risk pregnancy or during a period of bed rest, contaminated heparin may be to blame for serious reactions including swollen throat, shortness of breath, blood pressure problems, shock or death. Our firm is aggressively looking for answers and we encourage you to contact us if you have any questions regarding tainted heparin and the reactions it has caused in you or a loved one. Our nurse will evaluate your medical history to determine whether a link exists between your symptoms and contaminated heparin.

If you wish to speak to someone about this issue, call toll-free (856) 833-0600 in New Jersey, (215) 567-2380 in Pennsylvania. You can also fill out the case evaluation form on the right side of the page and our nurse will contact you as soon as possible.

Why Does a Trial Lawyer Say "NO" To Most Medical Malpractice Cases?

Finding a lawyer to handle a medical malpractice case is very difficult for many reasons. The first (and most obvious reason) is that many lawyers are not experienced, skilled or talented enough to handle such a complex case up and through trial. However, there are other reasons beyond the ability to find a capable lawyer.

Every day we meet with ordinary folks about potential medical malpractice cases. This is not surprising as statistics show that medical negligence kills and harms patients and families at an alarming rate. Many times, the same doctors commit the same error time and time again. As a trial lawyer, I wish I could hold every doctor accountable for the mistakes and harm they cause. Unfortunately, that is not possible. The medical malpractice insurance companies, lobbyist and doctors have spent millions of dollars to make ordinary people believe that there is a medical malpractice crisis in this country. Potential jurors see this propaganda every day in the media. Doctor’s offices are plastered with posters threatening to leave the state. These myths portray doctors as the victims of lawsuits. As a result, jurors are less and less likely these days to decide a case against a bad doctor who injures an innocent patient.

As a result, many times I have to meet with families and their loved ones who are victims of medical malpractice and tell them that I can not represent them. These people have cases that are not frivolous, but have true merit. Unfortunately, because it is very difficult to convince a jury to hold a doctor or hospital legally responsible even in clear cut cases, trial lawyers (including myself) are forced to be very selective in the cases they choose to bring.

Remember, a trial lawyer works for free. That is, a trial lawyer does not get paid unless his or her client gets a recovery. Malpractice cases cost on average, between $20,000 to $40,000 in out of pocket expenses. These are resources that the trial lawyer must pay “up front” and without any guarantee of being reimbursed. In addition, a trial lawyer will commit hundreds of hours in time in research, discovery, trial preparation and trial. When out of pocket costs and legal hours are combined, a trial lawyer must be prepared to commit $150,000 to $250,000 per case. More importantly, since there are only so many hours and so many cases a trial lawyer can work, if he commits to one case, he can not commit to others. As a result, the sad fact is that it is getting more difficult for true victims to get justice in the courts.

For further information on medical malpractice lawsuits, click on the links below:

New Jersey Medical Malpractice Attorneys