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.

For immediate assistance, click the CHAT LIVE button to your right.

Medical Malpractice Attorneys: Dentist Gets Jail Time for Paper-Clip Root Canals

A dentist in Massachusetts has been sentenced to a year in prison after it was discovered he was performing root canals with paper clips! He faced assualt and battery charges in addition to charges of witness intimidation. He also faced charges of Medicaid Fraud in the amount of $130,000. For years, despite a suspension, Dr. Michael Clair was filing claims with the government agency using the names of fellow dentists, all colleagues from his practice. Medical malpractice attorneys are astounded that a medical professional would stoop to such despicable means to make money.

The Michael Clair Special: A Pretty Penny for a Paper-Clip Procedure

new jersey medical malpractice attorneys, medical malpractice lawyers philadelphia, dental malpracticeTraditionally, root canals are performed using small steel posts. Dr. Clair’s scheme to use paper clips instead of surgically competent steel posts caused many patients unnecessary pain, suffering, and infection. Brenda Almeida’s young son underwent the procedure in 2005. His tooth turned black and had to be pulled. Almeida also claims that her other children received poor care from Dr. Clair as well.

Almeida is unsatisfied with the one year jail sentence that Dr. Clair will serve, saying, “He put my kids in pain for months…I hope he rots there.” The prosecution had hoped for at least a five year sentence. Judge Moses, the judge who passed down the sentence, explained his decision, citing Clair’s mental health issues, lack of priors, and his acceptance of full responsibility. Judge Moses did, however, satisfy the prosecution’s request to keep Clair away from his victims and colleagues. It was noted that his former staff feared for their safety.

Clair will be on five years probation upon his release from prison. After receiving his sentence and before he was escorted out of the courtroom, Clair offered his gratitude:

“Thank you, your honor, for your consideration.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical malpractice comes in many forms. Some doctors commit malpractice by making surgical mistakes. Others act negligently due to a temporary lapse of judgement. But Michael Clair purposely put his patients in danger so he could make more money. This type of malpractice is surely the most egregious kind.

If you or a loved one have suffered at the hands of a negligent surgeon, physician, or other medical provider, contact the New Jersey medical malpractice attorneys of Messa & Associates, P.C. by calling, toll-free, 1-877-MessaLaw. You may also submit a free online inquiry. You may also click on the CHAT LIVE icon on the right to speak with a representative immediately.

Birth Injury Attorneys Win Large Verdict for New York Family

Recently, a New York jury awarded a family $510,000 after negligence in the delivery room led to birth injury, oxygen deprivation, and brain damage for young Xzavier Hyman.

Doctor Veers from Standard of Care and Causes Permanent Damage

new jersey philadelphia birth injury attorneys large verdict NY familyDr. Paul Heltzer and the Staten Island University Hospital were found responsible for the speech probelms, learning disabilities, and reduced life expectancy that Xzavier now faces due to the extended period of time he went without oxygen on the day of his birth.

Dr. Heltzer broke Xzavier’s mother’s water prematurely, while labor was still progressing quite slowly. He then administered dosages of the drug Pitocin, which is used to induce contractions and help begin labor. The suit claims that Dr. Heltzer kept the mother on Pitocin for far too long, causing excess stress on the baby as a result of relentless contractions. The contractions caused an increase in pressure on the baby’s brain while oxygen and blood flow to the brain slowed, and eventually, Xzavier’s heart stopped.

Xzavier’s mother was in labor for 19 hours, and was on Pitocin for a majority of that time. It was determined that Dr. Heltzer and the Staten Island University Hospital acted negligently in allowing her to remain on the drug for so long. It was also determined that a C-Section should have been executed as opposed to waiting for a vaginal delivery. A lot of the complications Xzavier deals with today could have been avoided had the standard of care been adhered to.

Birth Injury Attorneys in New Jersey and Philadelphia

If your child is dealing with complications that stem from a birth injury they received, contact the Mininno Law Office for a free case evaluation. You may be entitled to compensation for the negligence that caused their injuries. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the birth injury lawyers at the Mininno Law Office earn you the compensation you need and deserve.

Birth Injury Attorneys Sue Texas Hospital For Negligence

new jersey philadelphia birth injury attorneys sue texas hospital negligenceThe Columbia Medical Center of McKinney (MCM) in McKinney, Texas is being sued by birth injury attorneys for releasing and sending home a pregnant woman while she was in labor. Plaintiff Wendy Cherry filed the birth injury lawsuit in February, seeking compensation for damages related to her early release that forced her to deliver her daughter Emma at home.

Cherry reported to MCM on February 4th, the day she had gone into active labor. She told staff members she was suffering from a “sudden onset of severe pelvic pain.” She requested treatment for the symptoms, but was released without a proper medical screening, and without being stabilized.

Upon her return home, her labor continued, and she eventually gave birth, fortunately, with the help of EMT’s. The delayed delivery resulted in injury to her daughter Emma, and Cherry and her attorneys believe that had she been properly cared for at the hospital, no injuries would have been sustained. Plaintiff seeks damages for medical expenses, past and future pain and suffering, mental anguish, loss of familial consortium, and physical impairment.

Birth Injury Lawyers in New Jersey and Philadelphia

To think that a hospital staff could not recognize that a pregnant woman was in labor is quite scary. The Columbia Medical Center failed miserably in it’s duty to provide safe and attentive care to it’s patients. The fact that Wendy Cherry was so quickly discharged and sent home to give birth in her house is shocking and, to a certain extent, confusing. How is it that no one thought that a pregnant woman suffering a “sudden onset of severe pelvic pain” was in labor? Hospitals have become frightening places, and something must be done to assure that the care they are providing is in indeed the best they can provide.

If you or a loved one have suffered medical malpractice, or your child suffered a birth injury, at the hands of negligent medical providers, 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 birth injury lawyers at the Mininno Law Office earn you the full and fair compensation that you need and deserve.

Birth Injury Attorneys Can Help When Doctors Act Negligently

Childbirth, though a painful and difficult process, should be a beautiful and profound experience for parents. That is why there are doctors who study and are strictly trained in gynecology, obstetrics, and childbirth. But mistakes in the delivery room can be irreversible, and in worst case scenarios, fatal. It is when these mistakes occur that birth injury attorneys will be necessary.

What are the Most Common Birth Injuries

new jersey philadelphia birth injury attorneys help doctors act negligentlyBirth Injuries that commonly occur include Cerebral Palsy, Erb’s Palsy, face paralysis, bruises and swelling, Shoulder Dystocia, and brain damage. These injuries are generally brought on by oxygen deprivation and doctor error. Oxygen deprivation is commonly caused by umbilical cord compression, the improper insertion of an oxygen tube, Meconium Aspiration Syndrome (the baby inahles it’s own fecal matter or amniotic fluid), or excessive time spent in the birth canal.

The events that lead to oxygen deprivation are more often than not caused by doctor error. These errors could include misinterpreting test results, misreading mother or baby vital signs, incorrect use of forceps or vacuum extraction, poorly timed C-Sections, and improper use of force during delivery.

Birth Injury Attorneys in New Jersey and Philadelphia

Doctors are trained to act quickly in the delivery to avoid tragedies like permanent brain damage and death. Sometimes, however, they act negligently and tragedy occurs. If your child was born with a birth injury and you are now facing bills for medical care you were not prepared to provide, and you believe those injuries were brought on by medical negligence, 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, or (215) 567-2380 in Philadelphia.

Let the birth injury lawyers at the Mininno Law Office work to earn you the compensation you deserve.

Medical Malpractice After the Hospital Also A Problem

During a football game, when a player drops the ball or fumbles a hand-off, the team could lose a couple yards, turn over the ball for an interception, or simply return to the line of scrimmage to re-do the play. But in the world of medicine, when a doctor drops the ball, consequences are much more severe. Lives could be lost or irreversibly changed for the worse. That is why patient hand-offs must be handled with the greatest of care.

Research to Improve Post-Hospitalization Treatment

medical malpractice lawyers in nj and paMartin Chieng Were, M.D., M.S., a Regenstrief Institute investigator and assistant professor of medicine at the Indiana University School of Medicine, has received a $420,000 award from the Harold Amos Medical Faculty Development Program of the Robert Wood Johnson Foundation®. The grant is aimed to help further Were’s research into improving, with health information technology, patient care after their discharge from the hospital. Specifically, he is focused on the handling of patients who leave the hospital with pending test results.

Post-hospitalization patient management is often riddled with poor communication. Were’s previous research demonstrated a surprising lack of adequacy in hospital discharge summaries, which can lead to serious medical errors during continuing treatment down the road. The study reported that out of 2,927 tests with pending results, only 16% were mentioned in discharge summaries. And further, only 67% of discharge summaries mentioned which physician would be taking on the patient’s remaining care.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Handing off patients should not be a dangerous and risky practice. Medical providers should have sufficient and effective systems in place to not only ease transitions for both doctor and patient, but to ensure that the proper treatment is being provided. Dropping the ball is not an option when lives are on the line.

If you or a loved one have suffered at the hands of a negligent medical provider,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 full and fair compensation that you need and deserve.

Medical Malpractice Lawyers Keep Debunking Tort Reform Myths!

new jersey philadelphia medical malpractice lawyers debunking tort reform myths A key issue in the tort reform debate involves “defensive medicine.” Supporters of medical malpractice litigation reform claim that “defensive medicine,” usually in the form unnecessary and preemptive testing, is largely due to a widespread physician fear of lawsuits. They claim that these tests drive up the costs of health care, and that reducing a doctor’s chances of being sued would simultaneously reduce the occurrences of defensive medicine, and thus reduce the costs of health care. However, a recent study performed out of the University of Iowa and funded by the Robert Wood Johnson Foundation (the nation’s largest philanthropy devoted to public health) found that in states where tort reform legislation was passed, defensive medicine is still being practiced and doctors are still just as fearful of being sued.

Study Finds that Tort Reform Allegations are Simply Propoganda

Researchers achieved their results by ranking lawsuit risk on a state-by-state basis by the amount of claims actually paid by medical malpractice insurance companies. Research found that doctors who practiced in low-risk states (states that have passed their own tort reform legislation) had essentially the same amount of anxiety about being sued as doctors in high risk states (states that have not passed any type of malpractice reform). Defensive medicine is still being practiced, and therefore tort reform did not lower health care costs. The study stated:

“Overall, the study suggests that current tort reform efforts aimed at reducing malpractice risk would be relatively ineffective in alleviating physicians’ concern about lawsuits and therefore may not alter defensive medicine practices.”

Tort Reformists Ignoring Real Issue

What is alarming is that recent studies have shown that medical malpractice is not decreasing, despite defensive medicine and other efforts. A study of 10 North Carolina hospitals published in the New England Journal of Medicine (read our blog regarding this study) assessed 2,300 random patient files. Of those 2,300 patients, 39%endured some sort of medical error or patient harm. Seventeen errors resulted in permanent injury, and fourteen resulted in death.

It seems that more time and effort should be spent on correcting the horrid rate of medical errors, rather than saving HMO’s and negligent medical providers money. While tort reformists and insurance lobbyists push to limit liability and cap damages for injured patients, doctors and hospitals continue to harm patients at an unacceptable rate. It looks like priorities in this matter have been seriously skewed.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one have suffered at the hands of a negligent medical provider, please 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, or (215) 567-2380 in Philadelphia.
Let the team at the Mininno Law Office earn you the compensation you need and deserve.

New Jersey Nursing Home Exposé: Stratord Nursing & Convalescent Center

As nursing home abuse lawyers practicing in Philadelphia and New Jersey, it is important that we help educate readers on nursing home abuse and the safety of the local nursing homes. Today we want to share the importance of researching and reviewing nursing home inspections. The Department of Health and Senior Service’s Division of Health Facilities Evaluation and Licensing” conduct routine inspections of New Jersey Nursing Homes. A review of these published reports can help identify care facilities with a pattern of abuse and neglect.

Stratford Nursing & Convalescent Center

new jersey philadelphia nursing home abuse lawyers Spotlight Abusive careToday, we are reporting on the Stratford Nursing & Convalescent Center located in Stratford, New Jersey. The latest published report shows all of the violations found during the routine inspections for the two year period between November 2008 and October 2010. The Stratford Nursing & Convalescent Center had 33 cited nursing home violations on the two combined inspection dates. The facility’s citations included safety code violations, life safety code standard violations, and others related to abuse and neglect. The level of violations were mainly rated as being pattern or widespread violations, with at least four considered to cause immediate jeopardy to the residents health or safety. Stratford’s ratings are a sure cause for concern, and it is quite clear that immediate corrective action needs to be taken. The facility’s noncompliance with one or more standards has caused, or is likely to cause, serious injury, harm, impairment, or death to a patient or resident.

These reports are a very effective tool when evaluating which long term nursing home a loved one should be placed in. It is also important to review these reports periodically to make sure the facility is not showing signs of abuse or neglect. Facilities that show a widespread pattern of safety violations are often the same nursing homes with patients that develop malnutrition and bed sores, and receive other neglectful and abusive treatment.

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

If your loved one is a resident of a nursing home that provides negligent, abusive, or sub-standard care, 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, or (215) 567-2380 in Philadelphia. Do not let abusive treatment go unnoticed or unpunished.

Tip #7 for Bedsore Prevention

new jersey philadelphia nursing home abuse attorneys hydration help avoid bedsoresThis nursing home abuse lawyer blog will post information regarding tip #7 for nursing home abuse and bedsore prevention. So far, we have had positive feedback from many nursing home patients and their families regarding these tips. We hope this nursing home abuse tip series has helped prevent bed sores or pressure ulcers in nursing home patients. As we always say, “Prevention is always the best medicine when it comes to preventing bed sores and pressure ulcers in nursing homes.”

Tip #7 for Preventing Bed Sores or Pressure Ulcers

The seventh tip that nursing home abuse lawyers offer as simple as it is important. Proper hydration can always help prevent bedsores and pressure ulcers for all nursing home patients. As people age, they tend to drink less fluids and become more susceptible to dehydration. This is especially true for nursing home patients who many times are dependent on nursing home staff to provide liquids. All nursing home staff members be properly trained to promote proper hydration for nursing home patients. Dehydration is a significant risk factor in developing pressure ulcers and bed sores.

Hydration: How Much and Why?

How much water should a nursing home patient drink each day? Unfortunately, there is no simple answer, as studies have shown different recommended amounts. However, these measures may help:

1. All nursing home patients should drink a glass of water with each meal and following each meal;
2. When a family member visits, they should get a glass of water for themselves and for their loved one and offer to share a “drink of water” together with the nursing home patient;
3. The nursing home staff should give all nursing home patients a glass of water first thing in the morning and the nursing home staff should encourage the nursing home patient to finish the glass before breakfast is served.

Hydration for a nursing home patient is a “team effort” by the nursing home staff and family. All family members should ensure that any nursing home patient has a printed schedule that identifies when the nursing home patient has last received water or some other fluid intake. Why? The greater the hydration the less likely the patient is to develop a bed sore or pressure ulcer. In addition, if a nursing home patient has already developed a pressure ulcer or bed sore, it is even more important to ensure proper hydration and fluid resuscitation in that patient. Why? Because, bed sore and pressure ulcer wound healing requires proper hydration to prevent the bed sore or pressure ulcer from getting worse. Nursing home abuse tip number 7 is very simple but effective. Families should insist that nursing home caretakers ensure that their loved one are receiving proper fluids so as to minimize the risk of pressure ulcers and bed sores.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one have acquired bedsores or pressure ulcers in a nursing home or care facility, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-06020 in New Jersey, or (215) 567-2380 in Philadelphia. Let the nursing home abuse lawyers at the Mininno Law Office work to earn you full and fair compensation.

DePuy Hip Recall Affects Canada and Elsewhere

As a NJ and PA DePuy hip recall lawfirm, we have posted information about the DePuy hip recall for patients here in the U.S. However, the U.S. is not the only country with pending DePuy hip recall lawsuits.

DePuy Hip Recall Lawyers Busy Everywhere

new jersey philadelphia DePuy hip recall attorneys represent victims everywhereDePuy Orthopaedics, a subsidiary of Johnson & Johnson, marketed its DePuy ASR XL Acetabular Hip Imlplant System and ASR Hip Resurfacing Systems worldwide, and all are included in the recall. In December of 2010, about 1,500 Canadian patients who had DePuy hip replacements filed a DePuy class action lawsuit in the courts in Quebec, Calgary, Alberta, Halifax, Nova Scotia, and Montreal. DePuy hip recall lawyers in Canada are helping these DePuy hip recall claimaints. It is likely that other DePuy hip implant patients in Europe will soon be filing similar class actions as a result of the DePuy hip recall.

It seems that DePuy hip implant patients all over the world are seeking justice against DePuy Orthopaedics and its mega billion dollar parent company, Johnson & Johnson, for this defective hip implant product.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

As a NJ and PA DePuy hip recall lawyer, I encourage all patients worldwide to fight for their legal rights against DePuy and Johnson & Johnson. We will continue to provide DePuy hip recall information and news as it is made available to us. In particular, we are watching very closely the DePuy multi-district litigation which is pending the Northern District of Ohio in front of Judge David A. Katz. Several of these DePuy lawsuits are class actions, and the rest are individual DePuy lawsuit claims that are all being managed by Judge Katz. Keep checking back to our blog for any updates on the DePuy hip implant lawsuit.

If you or a loved one are the recipient of a defective DePuy 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.
You will need the help of a good DePuy hip recall lawyer to attain the full and fair compensation you deserve. Let the team at the Mininno Law Office earn you the compensation you deserve.