Archive for the ‘Uncategorized’ Category

Let’s Not Make Kids Sicker

Tuesday, 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

Thursday, 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.

 

Johnson & Johnson Mesh Slings Cause Erosion, Pain, Incontinence

Wednesday, July 13th, 2016

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Hundreds of lawsuits have been filed against Johnson & Johnson due to complications caused by their transvaginal mesh slings. The mesh slings, or Mentor ObTape sling, is used to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP) in women. This mesh was originally used to treat hernia repairs in the 1950’s. In the 1970’s doctors began using the mesh abdominally to treat SUI and POP. Physicians cut a piece of mesh into the desired shape and surgically implanted it in the abdomen.

The Food and Drug Administration did not approve the use of transvaginal mesh until the year 1996. The FDA did not require studies of the drug on humans before they approved it. These transvaginal mesh slings have been found to cause major complications in women. The mesh can erode through the tissue of the vagina and cause bleeding and painful intercourse. In some cases, the erosion goes into the bowel and can lead to infection. Some women experience incontinence, pain, and discharge. Often women undergo revision surgeries only to discover that the mesh has become absorbed into the tissue of the vagina and cannot be easily removed.

Physicians and consumers were not warned of these possible complications until it was too late for many women. Pharmaceutical manufacturer Johnson & Johnson has agreed to settle over 100 lawsuits regarding their mesh sling product, awarding some women over a million dollars.

What you can do

If you or someone you know has used mesh slings and suffered any of the above injuries contact us today. We will evaluate your case to determine if transvaginal mesh is to blame for your complications. These types of injuries can take a heavy toll on people both physically and financially. We know how difficult this can be for you and your family. Contact the Garmon Law Firm today to get the compensation you deserve.

Product Liability: Pursuing Justice When Manufacturers Fail You

Monday, March 21st, 2016

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Many products on the market are carefully tested and labeled for consumer protection. Some products, however, present a serious threat to consumers. Using these products can result in injuries and harm. Common dangerous products include:

  • Vehicles,
  • Prescription and over-the-counter medications,
  • Household items,
  • Some types of Toys.

In some cases, the manufacturer fails to warn consumers about known problems or hazards. For example, a pharmaceutical manufacturer may fail to notify consumers of dangerous side effects that may exist with their medications. A toy manufacturer may receive reports of consumer injury but not take action for fear that a recall would be costly or harm their image. In these cases, the manufacturer may be held liable for not notifying the public or providing sufficient warnings regarding their products.

In other cases, problems occur during manufacturing. When manufacturers do not work aggressively to ensure that they adhere to proper standards, products may be deemed unsafe. For example, if a cookie manufacturer does not properly maintain their baking equipment and metal shavings accidentally get baked into the cookies, they may be liable for any injuries that may occur.

Sometimes the design of the product, itself, presents a problem. For example, large top-heavy sports utility vehicles may be prone to flip when the driver turns rapidly. If a design flaw caused the product to be inherently unsafe, they manufacturer may be held responsible.

In order to pursue a product liability case, we must be able to show that the product itself caused harm. We may employ the help of experts to analyze the item to determine what dangers exist. It is important to keep any materials that may be related to the dangerous product. Retain product packaging, the product itself, any instructional materials that came with it, and a product receipt if you have it.

Do not hesitate to contact the Garmon Law Firm for help in your case. Remember, you can contact us at any time for a free, no obligation consultation. Often we can tell you whether or not you have a case during our initial conversation. Manufacturers that produce dangerous products must be held responsible when consumers are injured. We will put you first and demand the compensation you deserve so that you can recover from your injuries. Contact the Garmon Law Firm today online or by phone at 256-543-HURT.

Yaz and Beyaz May Result in Fatalities

Friday, February 26th, 2016

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As an Alabama products liability attorney, I closely follow reports of potentially harmful medications. Yaz and Beyaz, two major birth control pills heavily promoted for their ability to control pre-menstrual issues such as bloating and acne, may come with potentially deadly side effects. Yaz and Beyaz both contain dropsirenone, a form of progestin that has been linked to significant side effects. Side effects include:

  • Heart attack
  • Deep vein thrombosis
  • Stroke
  • Blood clots
  • Pulmonary embolism
  • Abnormal heart rhythm
  • Gallbladder disorders
  • Death

The FDA has issued numerous warnings to Bayer, the manufacturer of Yaz and Beyaz, but the manufacturer continues to market the medications. The FDA has received notification of at least 50 deaths in women taking Yaz and Beyaz, including that of a 17-year-old girl. The drugs continue to be sold, and an estimated 12 million women in the U.S. have been prescribed Yaz, Beyaz, or Ocella (a generic version of the medication).

The drugs bring in billions of dollars annually in sales, even as the startling side effects continue. The pills are promoted as medication that not only prevents pregnancy, but also prevents bloating and reduces adult acne. A 2012 FDA warning states that Yaz, Beyaz, and other birth control pills with dropsirenone result in three times the chance of developing blood clots compared to birth control pills without the hormone. Although Bayer now has added a warning label to these medications, it may not be enough to prevent harmful side effects, and the pills remain on the market.

In an interview with NPR, Dr. Frits Rosendaal said that the safest birth control pill is, “surprisingly, one of the oldest pills.” He further warns about the possible risks associated with new medications and urges consumers to carefully follow reports of side effects.

At least 12,000 women have brought claims against Bayer for the side effects associated with Yaz, Beyaz, and Ocella. In July, 2015 Bayer agreed to a settlement of no less than $2 billion to resolve these claims. Other claims have been addressed separately.

If you have suffered a serious side effect as the result of taking Yaz or Beyaz, contact our Alabama products liability attorney today. Side effects like heart attack, stroke, blood clots, and pulmonary embolism can result in significant medical bills and lost wages. Our experienced Alabama products liability attorney will fight to get you the compensation you deserve as we bring these potentially dangerous drugs to light! Contact the Garmon Law Firm today online or by phone at 256-543-HURT.

Vaginal Mesh Revision Surgeries

Tuesday, February 23rd, 2016

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Thousands of women are experiencing a range of severe symptoms after vaginal mesh procedures. The transvaginal mesh implantation surgery is performed to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP). After the surgery, many women report severe pain, incontinence, the inability to engage in intercourse, bleeding, erosion of the mesh through the vaginal wall and internal tissues, fatigue, and infections. The FDA now acknowledges that these side effects following vaginal mesh surgery are not rare. Many women have chosen to undergo transvaginal mesh revision surgery in an effort to alleviate their symptoms.

Revision Surgery

Although the initial mesh surgeries are performed transvaginally, some revision surgeries require a traditional open surgical procedure. This means that the surgery may be more invasive, and the risks due to bleeding and infection may be higher. In addition, any surgery comes with risks inherent to anesthesia. Risks noted with vaginal mesh revision surgery include excessive bleeding, damage to the bladder, ureters, or bowel, and even death. Risks during recovery from the surgery include blood clots, scarring, bowel obstruction, infection, an opening of the incision, and bladder incontinence.

The revision surgery is often complicated as tissue grows through the mesh, and the mesh can curl and degrade over time. Put simply, the mesh cannot easily be removed. It is composed of a polymer and over time it constricts. This process further embeds the mesh in the tissues. During surgery, the surgeon must remove an area of tissue surrounding the mesh. Sometimes the tissue has eroded through the bladder or bowel and has to be removed with extreme care in order to prevent further damage to pelvic tissues. Revision surgery is very expensive, and recovery time may be significant.

Revision Surgery Failures

Sadly, a single revision surgery may not be enough to remove all of the mesh and repair damaged tissues. Many women require multiple surgeries and even still report ongoing symptoms. Each revision surgery means greater risk of complications and the pain of recovery. A study performed by the University of Michigan indicates that 50 percent of women still report pain following revision surgery, and 25 percent still experience pain during sexual intercourse.

Medical manufacturers promoted vaginal mesh as a simple fix for incontinence and pelvic organ prolapse. Instead, the effects of the mesh have been devastating for a number of women. In addition to their ongoing pain and suffering, they face medical bills from revision surgeries, and months of recovery time. If your vaginal mesh surgical procedure resulted in painful side effects or you had to undergo a revision procedure, contact us online today, at 877-717-5342, or 256-543-HURT. We will fight for the compensation you deserve and justice in your case.

 

Vaccine Litigation: Routine Injections Can Result in Devastating Disabilities

Wednesday, February 10th, 2016

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There is something that the big pharmaceutical’s companies do not want you to know.  While vaccines are meant to protect individuals from illness and harm they also can cause injuries including anaphylaxis, encephalopathy, Guillain Barre Syndrome, adhesive capsulitis, and even death. Minor side effects of vaccinations, such as pain at the injection site, soreness, and redness are common. Major side effects occur more often than believed and can be devastating. The National Vaccine Injury Compensation Program (NVICP) compensates victims who have been injured from a vaccination. A claimant must be able to show that, more likely than not, their injury was a result of the vaccination.

What is the NVICP and why was it created?

In the 1970s and 1980s, a number of individuals sued vaccine manufacturers after their children developed severe reactions to the DPT vaccination. As a result of ongoing lawsuits and expensive settlements, a number of manufacturers stopped making the DPT and other vaccines. At one point, only one manufacturer was making the critical vaccine. Congress was lobbied and extended protection to the big pharmaceutical companies by forming the National Childhood Vaccine Injury Act (NCVIA). It is supposed to required physicians to present individuals with a Vaccine Information Sheet (VIS) detailing the risks and benefits of the vaccine received. It also created a system to compensate individuals injured from vaccines.

The NVICP is funded by a 75 cent tax per vaccination. As part of the act, individuals must pursue a claim through the United States Court of Federal Claims.  Individuals with specific reactions receive compensation as determined by a formula.

What is the vaccine injury table?

The vaccine injury table (VIT) was created to help individuals determined if their illnesses are the result of a vaccination. The table lists each vaccine, the related injuries/disabilities/illnesses/death, and the time period in which the onset of problems occurs. If an individual receives a vaccine and then develops an associated injury within the specified period of time, a link between the injury and vaccine may be legally found.

There are a number of reactions that may be associated with a vaccine. They include but are not limited to:

  • Anaphylaxis or anaphylactic shock
  • Brachial neuritis
  • Encephalopathy/encephalitis
  • Chronic arthritis
  • Thrombocytopenic purpura
  • Vaccine-strain measles
  • Paralytic polio
  • Vaccine-strain polio
  • Intussusception

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How much compensation can I receive?

The average compensation received per NVICP claim is $782,136 through 2011, with additional funds to pay legal and attorney fees. There is a $250,000 cap per claim of death from vaccination.

What do I do if I believe I have a claim?

Most people choose to be represented by an attorney. As long as minimal requirements are met, the fund will pay for your attorney and associated legal fees. If you or your child have been injured or disabled as a result of a vaccination, contact The Garmon Law Firm today online or at 256-543-HURT. We will help you navigate the complicated NVICP process and help you receive the compensation you deserve!

Injured Lady v. Major Corporation – Judge says: “No, I will not dismiss her case. It goes to the Jury!”

Thursday, March 26th, 2015

Motion to Kick Out Our Case in “Injured, Wheelchair Bound Lady” v. “Major Corporation” – – The judge said “No”; “denied”!

Injury Lady v. Major Corporation - "No I will not dismiss her case, it goes to the jury."

Injury Lady v. Major Corporation – “No I will not dismiss her case, it goes to the jury.”

Yes, we defeated a major corporation’s motion to dismiss our client’s case and are set for trial! Although it took a lengthy process and a hearing to proceed.

In the legal system, a Motion for Summary Judgment is a way to ask the judge to “summarily” dismiss a case. Basically it’s a mechanism that allows suits to be kicked out by law. The party asking for such must establish that there (1) is no dispute of material fact and (2) they are entitled to the dismissal by law.

Well…this can often times get dicey because some lawyers whether intentionally or unintentionally cast facts in a light that is just down right false. And judges are not in the business of hearing “junk lawsuits” despite what some legislatures’ may think, so when they can they will dismiss a lawsuit. Note, we cannot blame the law makers for thinking that there are a bunch of junk cases in our court system. They have been marketed to by the big corporations. Often times unknowingly they support bills that become law which take out of the hands of the jury factual disputes that may involve serious damages, injuries or even death.

Regardless, we fought against a motion asking for our case to be dismissed. Before you get perhaps accusatory or pessimistic thinking that we are proceeding with another “junk lawsuit”, be aware (1) we do not accept meritless cases and (2) our lady is a wheelchair bound survivor of polio who fell at a defective, non-ADA compliant wheelchair ramp. And the ramp is part of an entrance to a MAJOR corporation’s mall. These are the types of injuries laws, like the ADA and State/City Building Codes, are in place to ensure that people like her, and others like you, are protected against.

With that said, we won the battle! And we are preparing to finish the war.

So if you have had doubts about our system, think if it this way. With the jury trial system, while it is not perfect just as nothing here on earth is, you are allowed to present your case to a group of individuals that you indirectly chosen and who are, at best as achievable, not personally tied to the issues at hand or the outcome. It is the best system in the world for deciding disputed facts. And in about 2 months we are set to chalk up another jury trial!

If you or a loved one has been injured. Make the responsible choice. Hire a lawyer that you can trust and that will fight for you.

We’d be honored to be those attorneys. 256-543-HURT By: Trent Garmon, JD, MA

Injured in a “hit and run”? Or hurt in a “Phantom Vehicle” collision?

Wednesday, March 4th, 2015

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So have you been injured by a Phantom Vehicle?

Or injured in a “hit and run”??

Just as the identify of the “Phantom of the Opera” was a mystery, often times the identity of the culprits of motor vehicle collisions are unknown.  By this we are referring to the situation wherein an individual is ran off the road by a vehicle that fails to stop and return to the scene; or an individual is struck by another vehicle who flees the scene.
This type of incident usually leaves the person who was struck confused as to how to handle the situation.  They often times believe that the person who caused the incident must be located and identified before any type of compensation can be sought.
This is actually untrue.
Many insurance policies have what is referred to as “Uninsured” or “Underinsured” motorist coverage, typically abbreviated as UM/UIM.  This portion of the policy has built into it coverage for a “Phantom Vehicle” collision.  Also referred to as a “hit and run”.  Meaning that the actuarials and number guys/gals of the insurance company have already calculated into the premium quote the chance of the insurance company having to pay for damages sustained by their own insured as a result of a “hit and run” or phantom vehicle collision.
Recently a friend of mine from high school had a claim that would have fallen within this category.  She is very friendly and somewhat naively believed that “her” insurance company would “take care” of the claim.  With this I mean she simply believed that her insurance company was going to look out for her best interested, after all wheren’t they “her insurance company.”   She the claim would be handled just like “her insurance company” handled the competitive quote she received when she purchased the policy.
This is farthest from the truth, insurance wise.
If you are involved in a motor vehicle collision with someone who has no insurance, inadequate insurance or with a vehicle that flees the scene (Phantom vehicle), your insurance company then becomes as it relates to that claim akin to an adverse party.  Meaning that for every dollar that you believe you are entitled they become the bearer of that burden.
Thus, the adjuster is not your “agent” or your “advocate” in that situation.   Rather the claims adjuster of your own insurance company becomes a “protector of the pot”.  He or she is charged with protecting the pool of resources that you would be receiving compensation from.
So what’s the answer?
If you are struck by someone who has no insurance, has minimal insurance or if you are struck by someone who leaves the scene of the accident such as with a “hit and run” – – – hire a lawyer.
While that may sound self-serving and to an extent as a lawyer it is self-serving, the truth is that the duty of the lawyer and the best interest of the client have no area of conflict.  More simply stated, if you hire a lawyer on a percentage contract basis which is called a “contingency fee” basis statistics have shown that you will collect on average 3 1/2 times more than going at it without a lawyer.*  And the lawyer does not have a duty to the insurance company (other than being truthful, etc.) as does the claims adjuster.  In fact, the lawyers duty becomes to fight for you and maximize the claim on your behalf.
So think on it with us.  Do you want an “adjuster” adjusting down your claim?  Or do you want an attorney who only gets paid if you do, advising you on what a “good” settlement is.  And if that level or standard is not met, the lawyer does have the ability to file suit which ultimately is the main deterrent from getting really jerked around by the insurance company.
And remember, if you have UM/UIM there are mechanism to collect from the insurance company because of the “Phantom of the Collision”.  These mechanism were built into the policy to begin with and are there for this very, but somewhat rare, occurrence.
We stand ready to serve your Phantom Vehicle, uninsured/underinsured motorist claim or any other type of personal injury situation.  And we do so with a Zero Fee Guarantee.  We only get paid if we collect and if we cannot put more in your pocket than you could collect alone, we do not take a fee.   Feel welcome to call us 24/7 – 256-543-HURT or 1-877-717-5342
By: Trent Garmon, JD, MA
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*Insurance Resource Council 1999 Study of Represented v. Unrepresented Claimants

6/21/13 Update

Friday, June 21st, 2013

Despite a long battle we were victorious this week when a St. Clair County Jury returned a verdict in our favor. The battle continues, yet there was a glimmer of hope from a jury for the injured.

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