Wrongful Death Suit Filed After Francene Cucinello’s Untimely Death

In January of this year, Francene Cucinello, New Jersey born host of the Lousiville, Kentucky radio program “The Francene Show,” died of a heart attack and brain aneurysm. She was just 43 years old.
This month, her family has filed a wrongful death claim against the Norton Audobon Hospital. They assert that a misdiagnosis led to Francene’s tragic and untimely death.

Medical Malpractice Leads to Wrongful Death

wrongful death new jersey philadelphia attorneys francene cucinello norton audobon hospitalFrancene went to the Norton Audobon Hospital emergency room on January 11, 2010 complaining of headache, neck pain, nausea and vomiting, and shortness of breath. She was diagnosed with pneumonia. On January 13th, doctors noticed one of Francene’s pupils were dilated. The results of a CAT scan revealed medical malpractice.
According to a Neurosurgeon, Francene had suffered a brain aneurysm three days prior. She was never suffering from pneumonia, but instead her brain was bleeding. Francene died on January 15, 2010.

The family’s wrongful death lawsuit alleges that the misdiagnosis played a significant role in Francene’s death. Had a CAT scan been ordered and the aneurysm deteced earlier, Norton Audobon Hospital could have saved her life. Norton Audobon maintains that the treatment Francene received at their facility was in line with the standard of care.

NJ and PA Medical Malpractice and Wrongful Death Attorneys

Francene was in dire straits when she entered the Norton Audobon hospital on January 11, 2010, and if the standard of care dictates that a CAT scan be peformed based on Francene’s condition and symptoms, than Norton Audobon is undoubtedly guilty of medical malpractice and, in turn, wrongful death.
If you or a loved have suffered due to medical malpractice, or you have lost a loved one to wrongful death, 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.

Let the team at the Mininno Law Office earn you the compesation you deserve.

After DePuy Recall, Patients Ask: “Did I really need that implant?”

Now that some 96,000 patients could potentially have a defective DePuy ASR hip implant, many patients are asking the question “Did I really need to have hip replacement surgery to begin with?” Many patients who elected to have the DePuy hip replacement surgery did so because they had hip pain and believed that this device would “cure” their pain. But, a hip implant is a treatment for the pain, not a cure.

Why isn’t a Hip Implant a Cure for Hip Joint Pain?

depuy hip implant asr recall attorneys new jersey philadelphia defective replacementThe hip is a joint between the top of the leg bone (“femur“) and the pelvis bone (“acetabulum“). Hip pain is caused when there is damage to this joint. The main function of the hip joint is to support the weight of a body while standing, walking, or running. Damage can occur for a variety of reasons and cause pain, but, there is no “cure” for hip pain.

Hip replacement surgery was devised as one of the many treatment options which could help alleviate some of the pain by replacing, with a hip implant, what were believed to be the painful parts of the hip joint. In theory, a DePuy hip implant, or similar type implant, should provide a metal ball at the top of the femur and a new metal socket in the pelvis which would permit movement like the original hip joint.
The problem for DePuy hip implant manufacturers was attempting to reduce the friction between these hip implant parts which would, in theory, reduce the pain to a patient.

However, in trying to find this cure, doctors and patients may have minimized or downplayed the basic fact that hip implant surgery, in and of itself, is not a permanent cure, and causes significant post-operative pain to a patient.
In addition, because hip implants are not designed to last a lifetime, a patient must endure eventual pain when the hip implant begins to wear down and needs to be replaced.

Where did the DePuy Hip Implant Go Wrong?

The recalled DePuy hip implant was marketed as a new and revolutionary hip implant technology involving the metals chromium and cobalt which were supposed to produce near frictionless movement of the hip joint. No wonder many patients were eager to seek this “cure!”
However, recent studies have shown that DePuy’s ASR chromium on cobalt hip implant system actually causes more wear and tear and will not last as long as a traditional hip implants.

DePuy hip replacement patients now must endure additional pain and even additional surgery when, as studies suggest, their DePuy hip implant wears out prematurely and needs to be replaced. The pain and other medical risks associated with a worn out and defective DePuy ASR hip implant, is likely far greater than the pain patients would have faced had they elected not to undergo the DePuy ASR hip implant surgery in the first place.

Sadly, what we now know is that although DePuy Orthopeadics and other hip implant manufacturers marketed this product and surgery as safe, effective and a pseudo “cure,” medical research shows that hip implant surgery is never a cure for hip pain. All patients should consider all medical risks and get at least two independent opinions from orthopaedic surgeons.
If many of the 96,000 DePuy ASR hip implant patients that are subject to the DePuy recall had sought this medical advice and realized that hip replacement surgery is NOT a cure, perhaps some of them would have been spared the additional pain and damages which they now will face because of their recalled replacement.

DePuy Hip Implant Recall Attorneys in NJ and PA

If you have received a DePuy hip implant recall notice and would like more information on your rights and what you may be entitled to, 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.
The team at the Mininno Law Office is experienced with defective product cases and would hard to earn you the compensation from DePuy that you DESERVE.

Elder Abuse and Nursing Home Neglect: Is Any Resident Safe?

elder abuse new jersey philadelphia attorneys nursing home negligence prospect park residenceA New York nursing home finds itself in the midst of nursing home abuse allegations after being accused of holding a frail Brooklyn judge prisoner by blocking his mail and visitors. The allegations are the latest twist in a case launched this year by the family of Judge John Phillips against Prospect Park Residence, the nursing home in which Phillips resided for eight months until he died at age 83 in 2008.

The family’s lawyer, John O’Hara, a long time friend of Judge Phillips, said of the tragedy:

The whole thing was surreal. It looked like a nice place, but it was a death house.

Elder Abuse and Nursing Home Negligence

Unfortunately, families are often led to believe that a nursing home that appears to be well maintained would provide care equal to the quality of the physical surroundings. There is often little correlation between how nice the home looks and how good the care is. In fact, a beautiful nursing home often gives the family a false sense of security about the care they expect their loved one will receive.

Court papers allege nursing home officials misled the former judge’s family and attorneys about the services they could provide for the diabetic. Nursing homes will make any promise necessary to gain residents. Families bring their loved ones to nursing homes because their conditions just become too fragile for these families to handle. This is why nursing homes exist – to take care of our loved ones when we no longer can.

The former judge’s family alleges that he didn’t get the diabetic meals or regular insulin shots he needed, which caused his health to quickly deteriorate. This is why it is important to maintain a primary care physician who is independent from the nursing home. It is also important to make sure the nursing home is communicating with the family and physician in a timely fashion about changes in the resident’s condition.

The suit charged that “Judge Phillips was confined against his will for approximately eight months by the defendants at their facility … denying [him] proper medical care.”

The nursing home’s executive director David Pomerantz declined to talk about the lawsuit. “On the advice of our attorney, I cannot comment,” he said. Phillips was in good shape when he arrived at the Prospect Park West facility, but quickly declined, friends said. “He was getting sicker and more miserable,” said O’Hara.

NJ and PA Nursing Home Negligence Attorneys

Is your loved one a victim of elder abuse or nursing home negligence in a nursing home or long term care facility? Donald Browne is an experienced Elder Abuse attorney at the Mininno Law Office. Donald has seen it all from the nursing home industry: avoidable bedsores, avoidable falls leading to fractures, medication errors, and physical and/or sexual assaults by staff members or other residents are amoung the most common.

Nursing homes make many promises, and lawyers like The Mininno Law Office’s Donald Browne hold them accountable when they put profits over people and do not follow through on these promises.
Please contact the Mininno Law Office for a free case evaluation, or simply call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

New Program Will help Prevent Medical Malpractice Caused by Miscommunication

medical malpractice negligence new jersey philadelphia attorneys miscommunicationAccording to a recent study, almost 80% of all serious medical malpractice events stem from poor communication during “patient hand-offs”. These errors are usually caused by the inadequate transfer of crucial patient information from one medical provider to another. Without the correct information about a patient’s current and past medical treatment, a doctor can make terrible mistakes that could lead to misdiagnosis, serious injury, or wrongful death.

In response to the results of this study, the Joint Commission (the agency that accredits U.S. Hospitals) has developed a “pilot program” that hospitals will begin instilling to help prevent errors that include practitioners treating patients without adequate knowledge of their condition and treatments. It is widely hoped that the program will assist in the reduction of medical errors during the patient transfer process, and subsequently reduce the amount of patient suffering due to medical malpractice.

NJ and PA Medical Malpractice Attorneys

If you or a loved one have suffered due to the unfortunate effects of medical malpractice, you will need the assistance of a medical malpractice attorney. At the Mininno Law Office, our NJ and PA medical malpractice attorneys are prepared to handle even the toughest cases.
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.

Do not let negligent medical providers get away with their life altering mistakes. Let the Mininno Law Office team earn you the compensation you deserve!

Is the DePuy Hip Implant Wear and Tear Just Like Other Implants?

depuy hip implant recall attorneys new jersey philadelphia asr replacementWhenever there is rubbing between two surfaces, there will always be wear and tear. All hip implants will have some wear and tear between the implant and the bone. During surgery, a surgeon will cut out the old hip joint and glue in a new hip joint (implant). These implants will have both a “ball,” which is at the head of the femur, and a “cup,” which is the joint/hip socket. These pieces will rub together and over time, break down.

However, although all of the implants do shed, most implant patients would not need a new implant for about 10 or 15 years. The wear rate for a metal-on-polyethylene implant is about 00.10 milileters each year. This hip implant wear rate was deemed to be medically insufficient.
The recalled DePuy hip implant system uses metal-on-metal bearings consisting of Cobalt and Chromium. DePuy advertised this system as producing less wear debris.

DePuy Hip Implants Don’t Deliver on Their Promises

Unfortunately, the medical research which tracked DePuy hip implant patients showed that these recalled DePuy ASR hip replacement systems had a greater rate of wear and tear, and were actually producing MORE wear debris. The research showed that there was a significant volume of microscopic metal particles which were being released into the patient’s bloodstream. These cobalt and chromium submicroscopic particles, accompanied with the rate at which they are being distributed within the body, can have seriously adverse effects on patients.

In addition, since the wear and tear rate of the DePuy ASR hip replacement systems seems to be greater than that of traditional hip implants, they are not lasting longer than traditional hip implants and surgery is needed much sooner. As a result, DePuy Orthopaedics, following an exposé published in the New York Times, finally issued a voluntary recall of these products.

NJ and PA DePuy Hip Implant Recall Attorneys

Although all hip implants (and all body part implants for that matter) are subject to wear and tear, the DePuy hip implant has a greater rate of wear and tear than it’s competitiors, and the metallic materials which are being shed during this wear and tear are hazardous to a patient’s health.
If you are the recipient of a DePuy ASR hip implant, 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.

Our product liability attorneys will be able to offer you the right advice and steer you in the right direction concerting your next move. Let the team at the Mininno Law Office .

Elder Abuse in California Responsible for Death of 58 Year Old Man

The California Department of Public Health recently announced that the Browning Manor Convalescent Hospital, a nursing home in Delano, California, has received an AA citation – the harshest penalty under California State Law – for nursing home abuse and negligence.
The citation was accompanied by a $100,000 fine from the State for the death of a resident that resulted from inadequate supervision and care.

Elder Abuse at Brown Manor

nursing home negligence attorneys new jersey philadelphia elder abuse Browning Manor Convalescent HospitalThe resident was a 58 year-old man from Kern County. He had a history of aggression and outbursts, and was particularly difficult with staff members on June 23, 2009. Brown Manor Policy states that residents displaying agression should be monitored for at least 72 hours, or until their disposition is relaxed. This monitoring and extra supervision did not happen, however, and a few days later, the 58 year old man fell out of his wheelchair, sustaining injuries to his brain and spine.

He was taken the hospital and release, but died two days later. The Kern County coroner wrote that the man’s cause of death was indeed related to the injuries he suffered on the day of the accident.
Elizabeth Tyler, a representative for the nursing home, claims the man left the facility that day well and coherent. She also announced that Brown Manor has hired an expert neurologist who will testify that the man’s death was not brought on by injuries sustained from the fall.

NJ and PA Elder Abuse Attorneys

The New Jersey and Philadelphia nursing home negligence lawyers at the Mininno Law Office are eager and prepared to handle the toughest cases of elder abuse. If you or a loved on have suffered at the hands of a negligent nursing home or long term care facility, 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.

Surgical Errors Leading Form of Medical Malpractice

new jersey philadelphia medical malpractice attorneys negligence common surgical errorsAccording to a report by the American Medical Association, 98,000 people lose their lives each year to medical errors, most of which are surgical. This makes medical malpractice the eighth leading cause of death in America, killing more people than car accidents, breast cancer, and AIDS.
The term “surgical errors” includes errors that are made before, during, and after surgery, and can involve medical providers other than a surgeon, including the anesthesiologist, nurses, or other hospital staff members.

Read on to learn about the most common surgical errors, and what to do if you or a loved one are a victim of a surgical error, or any other form of medical malpractice and negligence.

Patient Consent Errors

Before a surgeon can perform a procedure, he has to obtain what is called “informed consent” from his or her patient. This process involves explaining in detail what the procedure entails, possible side effects and complications, and what the patient can expect after the procedure. The patient then signs a consent form, allowing the doctor to perform the surgery.
Many times, however, this process is sped through. Sometimes, doctors fail to mention the possible complications or side effects. Other cases involve the doctor explaining the procedure one way, but then performing it another. This can be very dangerous, as complications could easily arise if a certain plastic was supposed to be used, but a metal that the patient is allergic to was used instead. These consent errors are entirely too simple to avoid to be such a prevalent error.

Surgical Errors

These errors are generally caused my negligence in the operating room, but many times can be caused by the lack of qualifications of the surgeon. General surgeons very often perform procedures that may be best left for a specialist, and as a result, surgical errors occur. They do not need a board certifcation to perform these procedures, and a monetary motivation makes it easy to go ahead with these surgeries even without the proper qualifications.

Surgical Site Errors (Wrong Site Surgeries)

Unfortunately, wrong site surgeries are not something we’ve never heard of. All too often, patients go in for a surgery on the right side of their body, and wake up to find the procedure was performed on the left. This kind of mistake often results from lack of communication, poorly kept medical charts, and understaffing at hopsitals. When not enough doctors are dealing with a multitude of patients, mistakes like this happen.

Anesthesia Errors

These errors can be some of the most devastating. Most surgeries require either local or general anesthesia, and it can be administered by an anesthisiologist or an anesthesia nurse. Errors can arise when too much is injected, causing a drop in heart rate that lead to brain damage or death. In addition, if not enough is administered, a patient can be awake during a procedure! This can not only cause an unfathomable amount of pain, but can also effect a patient psychologically forever.

Infection

Infection is a huge risk when undergoing a procedure. Infection can be caused when instruments are not properly sterilized, or when doctors and or nurses do not effectively “scrub in.” Infection can also grow after a procedure if the patients’ wounds and incisions are not properly cleaned. The most dangerous infections a patient can develop are MRSA, or staph. These infections can quickly lead to death.

NJ and PA Medical Malpractice Attorneys at the Mininno Law Office

If you or a loved one have suffered the effects of surgical errors, negligence or medical malpractice in New Jersey or Philadelphia, you will need the assistance of an Medical Malpractice Attorney. 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.

Don’t let negligent medical providers get away with their life altering mistakes. The team at the Mininno Law Office wants to work to earn you the compensation you deserve.

Nursing Home Abuse and Negligence Send Resident to Freezer

On October 28, 2010, 94 year old Molly Fischer was found inside the walk-in freezer of her California nursing home. An organized search within the home found her alive and standing inside the freezer. She was immediately taken to the hospital and has since been returned to her residency at the Silverado Senior Living Center in Calabasas, California.

Nursing Home Negligence at the Silverado Senior Living Center

While Molly was found alive and returned to her home in restored health, can it be determined that she is, in fact, safe? Molly, like many of the other residents at Silverado, suffers from dimentia. It is likely that she wandered off and ended up inside the freezer without knowing where she was going. Where was the staff when Molly wandered off? Will they abe able to prevent this from happening again, to Molly or any other resident?
new jersey philadelphia nursing home abuse attorneys molly fischer silverado senior living centerIt is this same kind of nursing home abuse and negligence that killed Ruby Larson in Molalla, Orgeon. Ruby, falling out of the sight of a negligent staff, wandered off and was found dead three years later.

Silverado Senior Living Center can cost upwards of $70,000 a year. Molly Fischer’s family paid 70k to a facility that lost her, and were fortunate enough to find her in enough time to save her life. Had they taken any longer, Molly could have died. Silverado remains a bit quiet about Molly’s condition now, but a spokesman for the home, Mark Mostow, released this statement:

We immediately conducted an investigation, and took appropriate corrective action against two employees. It’s an unfortunate incident, and we’re very sorry that it happened, and we’ll do everything in our power to ensure this does not happen again.

NJ and PA Elder Abuse and Nursing Home Negligence Attorneys

If your loved one has been the victim of negligence or nursing home abuse, you must seek the counsel of an elder abuse attorney. Nursing homes and long term care facilities can not continue to get away with their subpar, negligent, and often deadly care.
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. Let our team earn you the compensation you deserve.

DePuy Hip Implant Claims – Is Time Ticking?

depuy hip implant recall attorneys new jersey philadelphia estatute limitationsIf you are one of the unfortunate patients who received the recently recalled DePuy Orthopaedics ASR hip implants, you are probably wondering if there are any time limits to make a claim?
Many people believe it is okay to wait until you have symptoms before making any type of claim for a defective hip implant. After all, why should you make a claim if your DePuy hip implant seems to be working and you are not experiencing hip symptoms?

In fact, most orthopaedists are advising patients to wait until they have symptoms before deciding to undergo a hip implant revision surgery. While that may or may not be sound medical advice, it is not sound legal advice for a defective DePuy hip implant claim.

Why Should I Rush to File My DePuy Hip Implant Claim?

Because you may lose your hip implant claim if you wait too long to bring it.
All states have what is known as a “statute of limitations,” which is a law that may bar any claims not brought within a certain period of time. For example, in New Jersey and Philadelphia, the statute of limitations is ordinarily two years from when a patient knew or should have known of a potential claim. If you have a Depuy hip implant, and you are not noticing any symptoms at this time, the statute of limitations may still be running on your claim as DePuy has already issued the recall notice. DePuy may try use the date of the recall notice as a statute of limitations defense.

The recall date was August 26, 2010, so DePuy may argue that any claim that has not been filed in a Court of law may be barred by the statute of limitations. What’s worse, if you began experiencing hip pain, discomfort or any other symptoms related to the defective hip implant BEFORE the recall date, DePuy may argue that your statute of limitations began running on the date you first experienced hip symptons.

DePuy Hip Implant Attorneys in New Jersey and Philadelphia

Since it is often difficult to determine when a judge or a court would decide when you “knew or should have known” that you had a defective hip implant claim or lawsuit, you should consult with a lawyer now, before time expires on your claim. Remember, the medical advice regarding a defective hip implant, re-implantation surgery, and appropriate testing for potential toxins in your blood stream will be very different than the legal advice you should be given regarding when and how to present your claim.

Contact the Mininno Law Office for a free case evaluation. A DePuy hip implant recall lawyer will take the time and give you important information about your legal rights. You may also call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice leads to a 1.5 Million Dollar Verdict

In 2006, a 20 year old woman died after being misdiagnosed and released from a Chicago area ER. November 9, 2010, a Chicago jury awarded her family $1.5 million.

Medical Malpractice in a Chicago Hospital

new jersey philadelphia medical malpractice attorneys misdiagnosis provena st. marys hospital deathMichelle L. Koenig went to the Emergency Room at Provena St. Mary’s Hospital with complaints of a skin condition that she did not recognize or know the cause of. The ER doctor, Timothy Moran, diagnosed her skin illness as simply a rash and sent Michelle home. Two days later, Michelle was dead.

Michelle was actually suffering from an aggressive form of Chickenpox and, tragically, Dr. Moran’s misdiagnosis lead to her death. In two days, the virus spread to her liver and she died shortly thereafter.
Dr. Moran’s inadequate examination led to the death of a 20 year old girl. It is likely that the ER was understaffed and Dr. Moran was working with a number of other patients, trying to give each adequate examinations, and failing when it came to Michelle Koenig.

So often, physicians, surgeons, and hospital workers are overworked, making it harder to perform their job to the best of their abilities. Understaffing plays a very large role in Medical Malpractice and it’s effects on the lives of many patients.

NJ and PA Medical Malpractice Attorneys

If you or someone you love has been affected by medical malpractice, specifically, misdiagnosis or surgical error, 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.
Our New Jersey and Philadelphia medical malpractice attorneys are experienced and ready to help you earn the compensation you deserve.