Personal Injury Lawyers: Medical Device Maker Agrees to Pay Penalty for Selling Unapproved Devices

new jersey personal injury lawyers, attorneys, philadelphia, medical malpracticePersonal injury lawyers at Messa & Associates, P.C. have recently come across news stating that Globus Medical Inc., a spinal implant manufacturer, will pay the U.S. Food and Drug Administration $1 million in penalties for selling its NuBone Osteoinductive Bone Graft product after the FDA rejected the device in 2009.

The FDA learned that Globus was distributing the NuBone Osteoinductive, despite being told that the medical device was not substantially equivalent (NSE) to legally-marketed products, during a September 2010 inspection. The company also ignored multiple warnings given by the FDA to stop selling the device, according to a commissioner for regulatory affairs.

The settlement requires Globus Medical to pay a $550,000 penalty fee and the company’s CEO, David Paul, to pay an additional $450,000 fine.

Personal Injury Lawyers: FDA Approval Process Required NuBone Osteoinductive Devices to Be Substantially Equivalent

The FDA currently uses two procedures to approve medical devices. Clinical trials are necessary to get approval for more critical devices. However, Globus Medical’s NuBone Osteoinductive is considered a medical device that poses a lower level of risk to patients. Therefore, Globus Medical was only required to show that the NuBone Osteoinductive was substantially equivalent to similar medical devices that are already on the market.

Personal Injury Lawyers in Philadelphia and New Jersey

The Philadelphia personal injury lawyers at Messa & Associates are experienced at handling cases involving pharmaceutical and medical device injuries. Our extremely skilled team of personal injury lawyers and medical experts is dedicated to ensuring you receive proper compensation for your personal injuries. If you have been injured by a defective medical device, a negligent medical provider, or have endured any other type of personal injury, contact the personal injury lawyers of Messa & Associates for a free consultation. Call toll free at 1-877-MessaLaw, or submit a free online inquiry.

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Personal Injury Lawyers Warn of Fatal Complications with Bath Refinisher

new jersey personal injury lawyers, phildelphia, attorneysPersonal injury lawyers recently came across an announcement made by the U.S. Centers for Disease Control and Prevention regarding a common paint stripping chemical that is often used to refinish bathtubs. The substance, called methylene chloride, is commonly used as a paint remover or degreaser in industrial and home improvement products.

The CDC’s announcement served as a warning against using any products containing the substance which Michigan State University research discovered was the cause for 13 deaths between 2000 and 2011. The 13 victims were workers who had used methylene chloride products to refinish bathtubs.

In its weekly report, the CDC commented on the 13 deaths, saying:

“Each death occurred in a residential bathroom with inadequate ventilation. Protective equipment, including a respirator, either was not used or was inadequate to protect against methylene chloride vapor.’’

The report went on to say that the chemical “has been recognized as potentially fatal to furniture strippers and factory workers but has not been reported previously as a cause of death among bathtub refinishers.”

The Centers for Disease Control and Prevention explained that using the chemical in confined spaces that lack sufficient ventilation is quite dangerous. In the same report, it urged labor safety organizations and public health agencies to “communicate the extreme hazards” of using the product under the wrong conditions. The author of the report, Michigan State’s Kenneth Rosenman, suggested to leave the product out of bathrooms entirely, citing that the vapors are heavier than air and linger after applications. Rosenman went on to explain:

“To use products containing methylene chloride safely, work areas must be well-ventilated, and when levels of methylene chloride exceed recommended exposure limits, workers must use protective equipment. In a small bathroom, it is unlikely these products can be used safely.’’

Personal Injury Lawyers in New Jersey and Philadelphia

Without proper warning, 13 workers used a product to complete a job and ended up losing their lives. Thirteen people died to refinish bathtubs. Dangerous products and chemicals, such as methylene chloride, should always come with proper warnings and clear safety instructions. It should not take research studies executed after the fact to determine that a product is dangerous.

If you or a loved one have been injured by a dangerous or defective product, contact the New Jersey personal injury attorneys of Messa & Associates, P.C. for a free legal consultation. Call 1-800-MessaLaw or submit a free online inquiry.

Medical Malpractice Lawyers Could Bring Class-Action Suit Against Pfizer for Defective Birth Control Pills

new jersey medical malpractice lawyers, philadelphia medical malpractice attorneys, nj medical malpractice, philadelphia personal injuryA mass recall of defective birth control pills could result in unwanted pregnancies for the women taking the recalled Pfizer birth control pills. Pfizer recalled 14 lots of Lo/Ovral-28 tablets and 14 lots of generic Norgestrel and Ethinyl Estradiol tablets after discovering some of the blister packs may contain either too many or too few active pills and that the pills may be out of sequence. About one million packets of birth control pills are being recalled because of the error that could cause unintended pregnancies. Medical malpractice lawyers intend to bring a class-action suit against Pfizer for this severe negligence.

Medical Malpractice Lawyers Could Recover Millions in Damages for Women As A Result of Unwanted Pregnancies

Experts say wrongful pregnancy cases in the past have been looked at as being similar to medical malpractice cases, such as suing for an unwanted pregnancy after a botched vasectomy. One expert also points out that there has even been a case where a woman successfully sued a pharmacist for medical malpractice when she became pregnant as a result of an error made in filling the woman’s birth control prescriptions.

A class-action lawsuit on behalf of multiple women affected by the recall of the defective Pfizer birth control pills could potentially cost Pfizer millions in court. Thirty-two states recognize Pfizer has said that the defective birth control pills do not pose a health risk to the women that take them, but that they may not prevent pregnancy.

Medical Malpractice Lawyers in Philadelphia and New Jersey

The Philadelphia medical malpractice lawyers at Messa & Associates are experienced at handling cases resulting from medical and pharmaceutical errors. Our extremely skilled team of medical malpractice lawyers and medical experts is dedicated to ensuring you receive proper compensation for your personal injuries. If you or a loved one have suffered personal injuries as a result of a medical or pharmaceutical error or any other type of negligent care received by a medical provider, contact the medical malpractice lawyers of Messa & Associates for a free consultation. Call toll free at 1-877-MessaLaw, or submit a free online inquiry.

Mininno Law Office Merges with Messa & Associates

Messa & Associates, P.C.

Mininno Law Office Merges with Messa & Associates

PHILADELPHIA (January 14, 2012): Center City based law firm Messa & Associates, P.C. has merged with Mininno Law Office effective immediately, the two firms have announced. The firm will continue under the name Messa & Associates, P.C. with John Mininno, Esq. joining as Counsel to the firm.

Joseph L. Messa, Jr., founding partner of Messa & Associates, said: “We are pleased to welcome John and join our resources in order to provide our personal injury clients with an even better experience as they cope with devastating, life-changing injuries and losses. John’s reputation, trial skills and dedication to clients are well known in New Jersey and we look forward to joining with John to serve this community.”

The firm will continue to focus on catastrophic injury cases, including workplace injuries, products liability cases, construction injuries, failure to diagnose matters, birth injuries, brain injuries, and motor vehicle accidents. Mr. Mininno’s Collingswood, N. J. office will remain open to serve clients in the South Jersey area. As a New Jersey Certified Civil Trial attorney, John and the firm will continue to accept referrals of these catastrophic cases from law firms throughout New Jersey who are then permitted to receive a referral fee upon a successful recovery.

In addition to the Collingswood office, Messa & Associates will continue to maintain its other office locations throughout Pennsylvania and New Jersey in Northwest Philadelphia; Conshohocken, Pa.; Downingtown, Pa.; Cherry Hill, N.J. and Linwood, N.J.

About Messa & Associates, P.C.

Messa & Associates P.C., represents individuals and their families in complex personal injury matters, including catastrophic injury, medical malpractice, products liability, motor vehicle accidents, fires and explosions. Our attorneys serve Pennsylvania clients throughout the state, including in Philadelphia and other surrounding communities in Montgomery County, Chester County, Delaware County, and Bucks County. Messa & Associates are also proud to serve New Jersey clients throughout that state, and also litigate selected cases throughout the country.


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Traumatic Brain Injuries Are Not Always Visible

Brain damage and traumatic brain injuries in newborns can sometimes be detected by physical appearances, recognized through brain scans, a child’s disposition, or developmental delays. Not all brain damages exhibit physical abnormalities but those that do often have unusually shaped skull structures (quite often a tiny skull size), difficulty focusing the eyes, large forehead, deformed spine, and other facial abnormalities.

Identifying Brain Injuries through Behavioral and Developmental Characteristics

new jersey philadelphia birth defects lawyers Traumatic Brain InjuriesBehavioral differences include excessive fussiness, extended periods of crying, refusal to sleep lying down, or too much or too little sleep. Another common indicator of brain damage is developmental delays. There are typical milestones that are generally expected of young children at specific stages of their life. For instance, there is a general age when most infants begin crawling, rolling over, uttering their first word, and so forth. A child with brain damage may have difficulty reaching these milestones at the typical age. Other symptoms can include body temperature, skin color, breathing patterns, seizures, and other similar indicators.
If your newborn baby suffers from one of the mentioned symptoms, it does not necessarily mean that your baby has brain damage or has suffered a traumatic brain injury. Abnormalities can occur due to wide array of reasons. Brain damage can only be diagnosed by a well-qualified and specialized medical professional. Each individual case varies depending on many factors. Your physician will know your specific situation better than anybody else and he or she will be able to identify any issues your child may be experiencing both externally and internally.

Traumatic Brain Injuries Lawyers in New Jersey and Philadelphia

Traumatic brain injuries that have caused brain damage can be very detrimental to the health of a young child and it is crucial to identify potential problems as early as possible. If your child has suffered from some sort of brain damage and you believe the problem has been worsened by ineffective medical treatment it is likely you have some questions. 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.

Traumatic Brain Injuries Have a Variety of Causes and Treatments

Traumatic brain injuries can vary considerably, especially so in newborn babies who can not verbally describe their pain or symptoms, making diagnosis and treatment more difficult. Some symptoms can be visible early on which helps in early treatment, but some brain injuries do not reveal themselves until later developmental stages.

It is important to understand what brain injury and damage truly is. Generally, brain damage can be defined as:

“injury to the brain that is caused by various conditions, such as head trauma, inadequate oxygen supply, infection, or intracranial hemorrhage, and that may be associated with a behavioral or functional abnormality.”

Brain Damage Poses Increased Problems in Newborns

new jersey philadelphia Brain Damage attorneys variety causes treatmentsBrain damage can be categorized in one of two ways – acquired and traumatic. Acquired brain injuries are those that do not result from external forces. For example, a stroke would cause an acquired brain injury because no outside forces are the cause. Depending on the site of the lesions ( a lesion is any area of tissue or organ that has suffered damage) and severity of the stroke, the brain damage can affect the victim in different ways. Traumatic brain injury is damage that is caused by external forces. A motor vehicle accident, known as MVA to medical professionals, is often the cause of traumatic brain injuries.

These differing types of brain injury will determine the path to treatment and recovery for the victim. Because newborn babies lack the ability to describe their symptoms and pain, brain scans, such as a CT – Computed Tomography – Scan may be used to get an x-ray view of the newborn baby’s brain. These scans can help identify lesions or recognize abnormal brain behavior.

Traumatic Brain Injury Lawyers in New Jersey and Philadelphia

If your loved one has suffered a brain injury and you believe that it can be attributed to the negligence of someone else, it is likely that you have some questions regarding 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.

8 Million Children Are Born With A Serious Birth Defect Each Year Says March of Dimes

The March of Dimes website has released the findings of their international research department’s study of world wide birth defects. The official report includes staggering statistics, explaining that, “Every year an estimated 8 million children — about 6 percent of total births worldwide — are born with a serious birth defect of genetic or partially genetic origin…” While the official numbers appear to be lower in higher income nations, this percentage is unnerving when considered in the context of our health care system.

In our nation of freedom, we should be able to not only prevent these birth defects by way of higher quality screenings during pregnancy, but also prevent bringing a child into this world in such horrible circumstances. Parents must be able to prevent wrongful births and should be given the option to do so by physicians who do not interject their moral or religious positions upon their patients. The law in this nation stands as pro-choice. Just as pregnant women can choose to terminate pregnancy for a plethora of reasons, so should parents be able to prevent their birthing of a baby who may be born with a terminal illness.

The article from the March of Dimes includes a quote from one of the researchers: “The human toll of birth defects is even greater when one considers the impact of lifelong disability on children, their families, and society,” says Michael Katz, M.D., senior vice president for Research and Global Programs at the March of Dimes. If more doctors took a position that excluded their personal opinion and included an objective, professional opinion, then they would likely come to a similar conclusion as Dr. Katz. While Katz’s international research portrays a more worldly understanding of these issues, it is inexcusable for a nation such as ours – one with such good medicine and such freedoms – to do so little to prevent these birth defects and wrongful births.

If you or a loved one has been harmed by medical malpractice, you may have a claim for damages. For more information, please go to the New Jersey Medical Malpractice Attorneys page.

John R.Mininno, Esq. is a New Jersey and Pennsylvania trial lawyer representing clients in medical malpractice, defective products and other serious injury claims. He also writes about issues concerning patient safety. His offices are in Collingswood, NJ and Philadelphia, PA.

Personal Injury Verdict in Arizona Awards $1.9 Million

Alexis and Mark Breyer, a husband and wife law team, won over an Arizona jury in a personal injury trial involving a plumber and a staircase. The jury awarded the plaintiff $1.9 million dollars for injuries sustained from the accident. Attorney Mark Breyer said of the victory:

“when a jury follows the law and holds companies responsible for their failures to protect workers on the job site, it is a great day not only for our client, but for all construction workers in Arizona.”

Faulty Staircase Leads to Personal Injury

new jersey philadelphia personal injury attorneys negligence 1.9 million verdict arizona construction workersIn 2007, the plaintiff was working as a plumber on a construction site under a general contractor and subcontractor. Day one on the job, he attempted to ascend a flight of stairs. As he climbed, the stairs collapsed beneath him. He suffered a burst fracture and had to undergo a two-level spinal fusion surgery to correct his injuries.

The incomplete staircase had been constructed by the subcontractor and was in the process of being moved. In the absence of caution tape, the plumber had no way of knowing that the stairs were unsafe to climb. The general contractor, who is ultimately responsible for all that goes on at his construction site, refused to accept responsibility. He blamed his subcontractor for not making clear the status of the staircase, and blamed the plumber himself for assuming the stairs were safe to climb while in the presence of other workers. The subcontractor did eventually accept responsibility for not preventing usage of the staircase.

The jury took two days to deliberate before awarding $1.9 million to the plaitiff. They assigned 39% of the blame to the general contractor, 58% to the subcontractor, and 3% to the plumber himself.

NJ and PA Personal Injury Lawyers at the Mininno Law Office

The plaintiff suffered greatly from the negligence of those in charge of the construction site. It is fair that he be compensated for the time and money he spent trying to fix the injuries he sustained. If you or a loved one have suffered injury due to the negligence of another, contact the Mininno Law Office for a free case evaluation.
Our personal injury attorneys are ready to work for you, to earn you the recoveries you deserve. Call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Brain Injury Prompts Change on the Battlefield

Traumatic Brain Injury is a serious and occasionally devastating event that can change the course of person’s life forever. Concussions, though outwardly showing almost no symptoms, can be fierce catalysts for traumatic brain injuries.
Proffessional sports organizations have been forced to take precautions when players suffer concussions, and now, military forces will be forced to take those same precautions.

new jersey philadelphia attorneys traumatic brain injury concussion
This is an image of abnormal brain activity after a concussion. Red signals overactivity and blue signals underactivity.

Military Precautions Regarding Traumatic Brain Injury

A story done by NPR on Tuesday, October 12th, revealed that Mike Mullen, United States Navy Admiral and current Chairman of The Joint Chiefs of Staff, has ordered that soldiers near a bomb blast must be removed from battle for at least 24 hours, and must be checked for traumatic brain injury.

The reason being that energy and shockwaves from an explosion can reach the brain and cause damage, even if the head is totally intact. Concussions rarely leave visible symptoms, aside from dilated pupils. It is imperative that soldiers are checked for concussions, as they often cause fuzzy, slowed, or perhaps even irrational thinking.

Director of Brain Research at UCLA, David Hovda, explains why fuzzy thinking on the battlefield is dangerous:

If you’re going to call in a mortar strike, you have to do some fancy math and some really sophisticated calculations in your head, and you could create a problem if this isn’t done correctly.

Hovda also explains that after a concussion, the brain’s metabolism is slowed, leaving brain cells starved for energy. The risk of increased injury is greater when soldiers are allowed to return to the battlefield after sustaining a concussion.

During the time when this metabolism is altered,” Hovda says, “the brain not only is dysfunctional, but it’s also extremely vulnerable, so that if it’s exposed to another mild injury, which normally you’d be able to tolerate really well, now there can be long-term devastating consequences.

Traumatic Brain Injury Effects

Long term effects of multiple concussions are visible in many of the soldiers that have returned home from Iraq and Afghanistan in the past few years. Jake Mathers, of Monroe, Louisianna, suffered a number of concussions while on a 7 month tour as a Marine in Iraq. All of the concussions came from bomb blasts that occured close to him. He was never physically injured, but he now finds that his memory has changed.

I’ll lose my pack of smokes like three or four times a day, and I’ll buy different packs of smokes ’cause I forget that I bought them,” he says. “Or sometimes I’ll be driving down the road and forget where I’m going or lose my car keys, cell phone.

Mathers also suffers from headaches, nightmares, and occasional insomnia.

Traumatic Brain Injury Lawyers at the Mininno Law Office

A traumatic brain injury can be life-altering, not only for the victim, but the victim’s family and friends as well. If you’re loved one suffered a traumatic brian injury due to the negligence of another, you’ll need to seek the assistance of a skilled and hard-working traumatic brain injury lawyer. The brain injury lawyers at the Mininno Law Office are dedicated to fighting for those who have been wronged and earning them the compensation they will need and deserve.

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.

Listen to NPR broadcast here

Traumatic Brain Injury Keeps Ian Laperriere off the Ice Indefinitely

In honor of the Philadelphia Flyers’ Season Opener tonight against the Pittsburgh Penguins, today’s blog will focus on the traumatic brain injury Ian Laperriere received last season in round one of the Eastern Conference Quarterfinals against the New Jersey Devils. In the third period of Game 5, Ian Laperriere took a slapshot to the face by New Jersey defenseman Paul Martin.

“He was hit above the right eyebrow, suffering a gash that required 60-70 stitches. He said he did not believe he suffered a head injury, but vowed never to play another game without a visor.”

new jersey philadelphia traumatic brain personal injury attorneys ian laperriere case
NEWARK, NJ - APRIL 22: Ian Laperriere #14 of the Philadelphia Flyers reacts after being injured in the third period by Paul Martin of the New Jersey Devils in Game 5 of the Eastern Conference Quarterfinals during the 2010 NHL Stanley Cup Playoffs.

At first, doctors said there was no effect to Lappy’s brain. A second scan revealed a brain contusion, which is essentially a bruise on the brain.
No one expected Laperriere to return to the post season. He missed all 7 games of the Semifinals against the Boston Bruins, and, to everyone’s surprise, rejoined the roster on May 22nd in game 1 of the Conference Finals against the Montreal Canadiens.

Today, Ian Laperriere is facing retirement because of the injuries he sustained 3 minutes and 56 seconds into the third period of game 5 on April 22, 2010.

It is clear now that his return to the game last post season was far too early, probably brought on by a management staff that didn’t want to lose a star player, and a dedicated hockey player downplaying the severity of his symptoms.

Doctors have advised the 36 year old father of two to retire because of nerve damage done to his eye, and the post-concussion syndrome he is now suffering from.
Lappy seems to agree with them:

When I get the lights going and there is movement around me, it gets worse and worse and I feel like I’m not myself. That’s what scares me, and that’s why I can’t play. They don’t want me to get hit again and I don’t want to get hit. If I feel this bad right now, how will I feel on my next hit? If I’m not sharp out there, especially with my game, I’m going to get killed.” Ian Laperriere

He is out indefinately this season, and no one knows what he will do concerning the rest of his career. It’s hard to see that he can’t play, as he has tremendous skill and even more heart. As Flyers fans, we want him to return to the game, but not at the expense of his life.

Traumatic Brain Injuries can be devastating. Ian Laperriere could be looking at the end of his career, as so many other athletes have after blows the head.

Traumatic Brain Injury: Are you a Victim?

Have you or a loved one suffered from a traumatic brain injury? Was it due to someone else’s negligence? Are you now facing physical limitations and medical bills you are not prepare to handle? Contact a traumatic brain injury attorney at the Mininno Law Office: our hard work and dedication will be necessary to get you the compensation you deserve.

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.

Video: Lappy Takes Slapshot to the Face (Don’t watch if you are squeamish)