July 20th, 2018

Pressure Cooking in Summer

As the weather is hot, it’s a nice break now and then to think of winter and the holidays.  When I think of the winter holidays, I also think about the great food associated with it.  We all want something good to eat, and here’s a link to some appropriate music to go with it.  Don’t worry – I’m not sending  you to Christmas music in July.

We all want to make something special for our loved ones, especially over the holidays. Alas, one company has made this challenging. Tristar Products makes a pressure cooker that they promoted as an “amazing, one-button kitchen miracle.” I probably wouldn’t use that word. That “kitchen miracle” has a habit of not being able to handle the pressure of the holidays – or any other time.

The Power Pressure Cooker XL has a nasty habit of exploding. This has caused severe burns to a number of people.

Pressure cookers can be tricky. Several companies that have made them and had problems over the years. But the problems with the Tristar model were so numerous that judges have approved a class action lawsuit to try to deal with the claims.

No one likes to be sold a faulty product. No one likes to get burned – Sorry, but in this case, pun intended. If that happened to you, let us help.

Blowback

July 8th, 2018

Cars and trucks are a lot safer than they used to be. There have been numerous developments in safety over the years. In light of that though, the last thing we expect to be hurt by in a car accident is the so-called “safety” features.The Takata company made airbags for over 30 car makers. These airbags were used in both cars and trucks, work vehicles and luxury cars. Unfortunately over 70 million vehicles have been recalled because the airbags had serious problems.

Yes, problems – plural. They didn’t have a problem that made them unsafe, but they had multiple problems. Not only did they suffer from manufacturing problems, but they used materials that degraded in humidity and used ammonium nitrate as a propellant for the inflation device, even after some of their employees pointed out that ammonium nitrate has the nasty habit of exploding.

And explode they did. They have caused a number of deaths and injuries. Instead of just inflating the airbag to minimize injuries in the event of a car crash they threw fragments like a grenade. We hope you haven’t been injured because of an exploding airbag. If you have, give us a call.

Even if you haven’t – check out the National Highway Traffic & Safety Administrations website here. to see if your car was on the recall list. If so, don’t blow it off. Your life may depend on it.

Heartburn Keeping You Up Again?

June 26th, 2018

 

We spoke back in July about dangers of using prescription proton pump inhibitors (PPI’s) for heartburn. As if the general problems weren’t enough to give you heartburn, how about this one? A medical study published by JAMA (Journal of the American Medical Association) in 2016 concluded that “Proton pump inhibitor use is associated with a higher risk of incident CKD (Chronic Kidney Disease).”  A new study published this past April appeared in the Journal of American Nephrology found that patients taking the PPI drugs had over 90 % probability of developing kidney failure, and almost a 30% increase in developing chronic kidney disease than those taking another type of medication.

Many think that PPIs are over prescribed. While no one wants to suffer from heartburn, there are safer alternatives available that don’t have such high risks of kidney damage. It’s not worth causing a problem that may wind up being fatal.

If you have been prescribed PPIs from the list below and have wound up with kidney problems, please give us a call. We can help -with the legal heartburn at least.

Nexium (esomeprazole magnesium)  
Aciphex (rabeprazole)
Protonix (pantoprazole)
Prevacid (lansoprazole)
Zegerid (omeprazole / sodium bicarbonate)
Dexilant (dexlansoprazole)
Prilosec (omeprazole)
Vimovo (esomeprazole and naproxen)

Dicamba – Further Questions

June 8th, 2018


A couple months back we promised you some interesting questions regarding the dicamba controversy. Here are some interesting controversies this case brings up beyond just the damage to crops. None of them have simple answers.

First, is Monsanto being held to an unfair standard? They make a product. The product comes with instructions. Is the manufacturer liable if the instructions are not adhered to?

How do we know if the product instructions are followed? Who is going to police the actions of farmers to make sure the instructions are followed so not to damage a neighbor’s crops? Did the manufacturer make a product assuming that the instructions would not be followed close enough to prevent damage to neighboring crops?

Next, with ever increasing technology, will farmers be forced to purchase Monsanto’s dicamba resistant products just to be able to bring their crops to market? Where does corporate R&D move from simple one-upmanship to deceptive trade practices?

I promised you questions. I don’t have answers for these just yet. Several of these cases will be headed to court. Those cases might provide some of the answers.

Or, they may just provoke even more questions. We’ll have to see.

Abra Pradaxa

May 31st, 2018

It’s amazing what medical science can do. New medicines can sometimes it seem like magic.  But medicines are not magic.  

They need to be thoroughly tested to make sure they are not causing more harm than good.  

Case in point – Pradaxa: In 2010 the FDA approved the drug dabigatran under the brand name Pradaxa. It was approved to treat atrial fibrillaion. In 2014 it was approved for use to treat deep vein thrombosis (DVT) and pulmonary embolism (PE). But it wasn’t magic. Pradaxa had a serious side effect – internal bleeding. And doctors didn’t find a way to mitigate that condition until 2014. This complication caused bleeding of the kidneys and in the gastrointestinal system. In addition, the drug may have led to dyspepsia, further heart problems, strokes, brain hemorrhages, and deaths associated with those conditions.

Boehringer Ingelheim, Pradaxa’s manufacturer, settled thousands of class action lawsuits in 2014, paying $650 million dollars.

But just settling some lawsuits didn’t make Boehringer’s problems go away like magic. There are still some suits out there, and some that are still being filed.

If you think you are having issues because you were prescribed Pradaxa, contact us right away. If you wait too long your chances of getting justice may vanish like a rabbit into a magician’s hat. Unlike the magic the stage magician uses, the statutes of limitations can make some things vanish forever.

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Meshy Business

May 26th, 2018

You’ve heard the expression – always go with your gut feeling.  If your gut tells you something is wrong, even if you can’t figure out what it is, check it out.

Back in June we talked about Johnson & Johnson’s subsidiary Ethicon and that they were withdrawing their Physiomesh product from the market. The Physiomesh is a fabric inserted into the body to help repair hernias. The Physiomesh was withdrawn for high revision rates. If you recall, the revision rate is measurement of how often a medical procedure such as surgery has to be redone. So if two out of every hundred procedure needed to be done the revision rate would be 2%.

In defending itself in a Georgia lawsuit regarding the failure of the Physiomesh to do an adequate job, one of the defenses Ethicon is putting forth is the physician instructions.

Let’s think about this.

Let say I make 300 peanut butter and jelly sandwiches, 100 each with three different brands of bread. If the jelly squirts out the sandwich needs to be remade – we’ll call that the revision rate. So if the jelly squirts out twice with brand A bread, brand A has a 2 % revision rate. If the jelly squirts out four times with brand B, brand B has a 4% revision rate. Let’s say that the jelly squirts out twenty times with brand C. 

Now explain this to me – Did the instructions of how to make a PBJ really affect how often the jelly squirted out of the sandwich? Or was it the bread?

I know this is oversimplifying things, but in this instance the jelly squirting out is someone’s innards and probably pretty darn painful. And redoing abdominal surgery is a lot more pain and expense than making a sandwich.

Instructions? My gut says otherwise. How about yours?

If you are having complications due to Physiomesh, give us a call.

Revisiting Takata

March 28th, 2018

If you’ve been reading this blog regularly you’ve heard a bit about Takata. The company may not be a household name, but you’ve probably heard a bit about them. They’re responsible for one of the largest recalls in US history. They created airbags for over a dozen car manufacturers. These airbags were recalled in over forty million vehicles when it was discovered that they could inflate improperly and send shrapnel into the people they were supposed to be protecting from injury.

These issues caused Takata some serious legal issues. They have paid over 1 billion dollars in fines and they have been in bankruptcy. Fortunately, TK Holdings, the US division of Takata, has reached a resolution. The resolution has been approved by a bankruptcy judge and a a trust fund is being established to compensate those injured.

This fund, the Takata Airbag Individual Restitution Fund, will be run by special master Eric Green of Harvard. Several car manufacturers will be paying into the fund that will allow the fund to pay out millions to the hundreds of people who have been injured or killed as a result of the faulty devices.

The resolution agreement sets up funds with $125 million to compensate victims and $850 million to compensate automakers for the replacement installations, a process that is still ongoing and will continue probably for at least two more years.

Over forty million vehicles were affected by this recall. If you don’t know if your vehicle was one of them, check with your dealer. We hope you haven’t been personally affected by this, or any other recall of faulty automotive equipment. But if you have, give us a call.

Ford Recall – A Turning Point?

March 22nd, 2018

Ford is recalling over 1.3 million vehicles. The 2014-2018 Ford Fusion and Lincoln MKZ are being recalled for problems with their steering. The flaw in these vehicles allows a critical bolt in the steering column to vibrate and come loose. When that happens an important part of your vehicle not only stops working properly, it may even come off. Believe it or not, that important part is the steering wheel.

Now everyone likes driving a cool car. But there are some important parts of the car that are really critical. If you can’t stop, or you can’t steer, your car is effectively useless. It becomes a hazard to the driver and anyone who happens to get even near the vehicle.

If you have a Ford Fusion of Lincoln MKZ manufactured in those years, contact your Ford or Lincoln dealer and see if your vehicle is affected by recall 18S08. Steering wheels that detach are great for vaudeville routines and cartoons, but not real life where people depend on their vehicles to get to where they need to be.

Let’s Not Make Kids Sicker

February 20th, 2018

 

No one likes to see their child suffer. When you kid is sick you want to comfort them and do anything you can to make them feel better.  And while the flu can be serious, it could be much worse.

But the last thing you want to do as a parent is make it worse.  But inadvertently some parents and drug makers are doing just that.

It’s one thing to have a kick sick with the flu, but psychosis and hallucinations?  Sometimes so bad that poor child wants to jump out a window?  That’s serious stuff.  I wish this wasn’t a  real example.  I’m usually a fan of a good flu pun, but I just didn’t think it appropriate this time.

Unfortunately, these can be some of the side effects of the popular flu medicine Tamiflu (also known as Oseltamivir). These are common enough that the drug has been banned in Japan for use in children for over a decade. The flu can be serious, but would you prefer that to potentially permanent neuropsychiatric problems, brain infections, convulsions, delirium and delusions?

We all want to relieve our children’s suffering. But parents and doctors need to be aware of the side effects that might be attached to the drugs given to relieve the suffering.

Call If You Have Cancer After a Hysterectomy Due to Morcellation

July 28th, 2016

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If you have been diagnosed with upstaged uterine or abdominal sarcoma or leiomyosarcoma, call our law firm. At The Garmon Law Firm, we help women and their families after a devastating diagnosis has been delivered. You are an integral part of your family and getting sick can cause everything to stop while you receive ongoing medical care.  This can harm both you and your entire family emotionally, mentally, and financially.  Not being able to work or needing to hire someone to help you, can have a significant financial toll, but, there is hope.  You may not have come down with this condition for no reason. You could be suffering due to a medical procedure using the powered morcellator.  If so, you are entitled to financial compensation, something that we can help to recover as your injury attorney.

Maximizing the Value of Your Claim

You could be entitled to financial compensation, if your condition was caused by a faulty medical device or your doctor performing your hysterectomy without giving a proper warning of the risk associated with it.  In this case, we will evaluate what you have paid to-date in medical bills and what you are likely to pay in the future.  We will also analyze how your quality of life has been impacted and how much money you have either lost or had to pay due to your condition.  You could receive compensation for things like –

  • Diagnostic services
  • Procedures
  • Hospital stays
  • Hiring help for the house
  • Needing to secure child care
  • Being unable to work
  • A spouse needing to take time off to care for you
  • Pain and suffering
  • And more

At The Garmon Law Firm, we account for all of the ways that your life has been negatively impacted through the use of the morcellator device and work to ensure that you receive as much compensation as possible.

About the Morcellator Device

The FDA issued a warning in November of 2014 which was an update of the original warning issued in April of that year. The warning went out to healthcare providers, cancer advocacy groups, manufacturers of devices used for minimally invasive surgeries, medical associations, etc. In other words, the medical community has been made aware of the dangers associated with this device and method of performing a hysterectomy. Typically, it has been used for women undergoing a hysterectomy or myomectomy.

The problem is that one out of every three hundred and fifty women that undergo a hysterectomy, in order to remove fibroids, have a specific type of uterine sarcoma which can lead to uterine cancer. The problem is that when a laparoscopic power morcellation is completed, there is no way to tell if the cancer exists and, as a result, cancerous cells may spread.  If this has happened to you, you have the right to seek financial compensation and at the Garmon Law Firm, we can help you to do so.

 

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