Types of Head Injuries

By on 2-26-2015 in Injuries

There are many ways in which one can receive a head injury. Head injuries are debilitating. The recovery process can be long; victims of head injuries are limited in function due to an inhibited cognitive system.

The website of the Chris Mayo Law Firm describes how traumatic head injuries can be. Types of these injuries can be concussions, contusions, and penetration. Each have different symptoms and recovery processes, however are equally as harmful.

Concussions can occur from a wide range of causes. They are the most common type of brain injury, and come from a direct blow from the head or whiplash. During this sudden impact, the brain’s blood vessels are stretched and nerves can be damaged. Depending on the severity, concussions take up to months to recover from. Common practices of the recovery process include staying in dark rooms, testing the brain’s prognosis through mental tests once a week, and rehabilitation.

Contusions are similar to concussions because they can be caused by impacts to the head. However, contusions are bruises on the brain. In serious cases, the contusion may need to be surgically removed.

A last example of head injuries is penetration. This happens when a sharp objects exerts into the head of a person. Penetration is considerably painful because foreign objects, hair, and other fragments enter the head. When an object travels slowly through the skull, it can deflect off different surfaces and broaden the damaged area. In contrast, a “through-and-through” is when an object hastily enters, travels through, and exits the brain. Each of these types of penetration tear and stretch brain tissue, and can result in a traumatic brain injury with serious repercussions.

Head injuries are detrimental because they can cause extreme pain whether instantaneously or over a period of time. It can displace a person from performing every day functions, inhibiting one’s life until recovered. If you have have received an injury to the head at the fault of another, compensation can help provide for medical costs as well as finances for time lost.

Premises Liability 101

By on 1-07-2015 in Injuries

Anyone who owns a piece of property is thereby given the due responsibility of keeping it safe and structurally sound in order to prevent accidents or causing anyone injury. This can be a most difficult endeavor, especially when dealing with older infrastructures that hold a certain level of historical significance. Be the premises old or new, the owner or tenant is just as liable for any accidents that occur or injury that result if their property gives way for harm to happen to someone else. According to the website of the Sampson Law Firm, any property must not pose a threat to the safety of any natural or juridical person who might enter it.

Cases like this can be as easy to process, such as those of the ones caused by sheer slip and fall accidents (usually the result of ill-marked wet floors) but, most times, it isn’t quite as straightforward as all that. There have been cases of premises liability that were due to the inhabitants becoming exposed to dangerous toxins that could be sometimes found in paint laced with lead. Sometimes, the owner or tenant liable cannot be held entirely at fault but the victim of the accident is just as due rightful compensation for damages sustained.

If you have fallen into an accident or sustained an injury at a given premises due to the owner’s negligence of the property, the owner is liable to pay charges for the damage done. This is not always easily done, especially if the owner at hand is a big corporation with insurance firms that are more than happy to let the matter get swept under the rug.

If you are seeking the legal services of a personal injury lawyer that specializes in premises liability claims, you will need to ensure that the experts you hire can fight for your rights and present your case in such a way that your case can go by in as smooth and efficient a way as possible. The only thing you need to worry about is recovering from the accident, once you hire the right kind of legal aid.

The Dangers Presented by Qsymia

By on 9-18-2014 in Injuries

There is probably no other prescription drug (in the past) that has been more anticipated and welcomed by doctors and patients than Qsymia, a weight loss drug developed by Vivus, Inc. and approved by the U.S. Food and Drug Administration (FDA) in 2012. Qsymia is intended as an adjunct medication to obese and overweight individuals who fail to lose weight despite a healthy calorie-less diet and regular exercise.

The approval of Qsymia came at a time when doctors were in dire need of a new weight loss medication which they could prescribe to more than one-third of American adults suffering from obesity, considering the fact that the last chronic weight management medication was approved way back in 1999. Majority, if not all, of these obesity pills, though, had one common problem: they caused side-effects that were severe enough to make their own manufacturers pull them out of the market, or for the FDA to order them pulled out or not to be distributed in the US market due to the severe harm that they caused (or could cause) in patients.

Some of the serious adverse events that were connected to the use of these pills were permanent liver and/or kidney damage, lung disorder or pulmonary hypertension, heart valve and other heart-related diseases, stroke, depression, suicidal thoughts, and others.

With regard to Qsymia, results of long-term studies conducted on it showed that it was capable of delivering very favorable outcome, which included considerable weight loss, lower blood pressure and cholesterol, reduced cardiac risk factors and improvement in the user’s quality of life. It was, therefore, probably surprising, at least for its manufacturer, to hear about the serious side-effects being reported and linked to its use due to the study’s positive results and its being in the market for only two years.

Qsymia (formerly traded under the name Qnexa), which combines two other FDA-approved drugs, phentermine and topiramate (Topamax) extended-release, has been linked to risks of heart problems, cognitive problems, impaired concentration, birth defect, decrease in mood, changes in kidney function, tingling in fingers/toes (a condition called paraesthesia), altered taste or dysgeusia, insomnia, dry mouth, constipation, dizziness, and metabolic acidosis (a condition characterized by the production of too much acid or when the kidneys fail to remove enough acid from the body).

Despite the inclination to presently overlook the drug’s serious side-effects for the benefit of the millions of obese individuals who, hopefully, will not be harmed by the drug, those who have already been made to suffer are encouraged to report their individual cases and seek the help of a highly-qualified lawyer who will help them file a Qsymia lawsuit for the possibility of receiving the compensation that will enable them to seek and undergo the necessary medical treatment.

Surgical Error: An Alarming Reality in the US

By on 6-18-2014 in Injuries

Those who are truly committed in the medical profession know that timely and effective treatment, accurate diagnosis and correct medication are the basics of quality care every patient is entitled to. These are some of the reasons why some hospitals and health providers keep only reliable staff and medical professionals in their roster, because operators of these institutions know that quality treatment is what patients need and what they are supposed to provide.

Many hospitals, doctors and other medical professionals, however, have been recipients of a great number of legal claims for damages because of medical malpractice. An article on the website of the Law Offices of Paul Levin defines medical malpractice as the legal term that refers to the injuries committed against patients; injuries that can have minor or life-altering effects, such as a prolonged illness or a life-threatening condition, respectively.

Medical malpractice is an alarming reality in the US and in all parts of the globe and so many of those who are involved in the health care business are guilty of negligence or carelessness when dealing with the patients they accept under their care. The Office of Inspector General for Health and Human Services reported, in 2010, the death of 180,000 patients in Medicare alone. A study published in the Journal of Patient Safety says, however, that the total figure can be more than double – between 210,000 and 440,000.

One of the worst errors committed by medical practitioners is surgical error. This includes, but is not limited to, surgery on wrong site, surgery performed on a wrong patient, incorrect surgical procedure, wrong dosage of anesthesia, post-surgical complications and improper suturing. Errors may not be intended, but one cannot deny the fact that many of these errors lead to more serious health conditions which can totally alter a patient’s life; some mistakes even lead to a patient’s untimely death.

Surgery is usually taken as a last remedy, considered only when all other forms of treatment fail. Though a risky procedure, a patient can but just put all his/her trust on the surgeon and the surgical team. It would be a major violation of such trust if any wrong happens during or within a certain period of time after the procedure.

Jessica Rutzick & Associates, P.C., a law firm based in Wyoming, gives a clear view on its website of the effects of an injury, especially a serious one. It mentions not only the physical and emotional trauma an injury causes in a patient, but also the financial burden it can create. In justice to victims of medical malpractice, the law allows them to receive compensation, from the guilty party, which will cover their present and future financial needs and losses.

If you have been a victim of medical malpractice, contacting a Atlanta personal injury lawyer is probably the next best step to take. An attorney will be able to help you through this difficult time with professionalism and compassion.

Fathers Getting Child Custody

By on 4-03-2014 in Family Issues

Child custody that goes to the father is an important issue – fathers generally wish to protect their relationships with their child. Most fathers think that when divorce occurs, the custody of the child will immediately go in favor of the mother, and while this is what often happens, the court also provide the same  rights in regards to viewing who is more fit for child custody. Knowing your rights and responsibilities as a father during the whole divorce process could be vital when it comes to child custody.

In recent years, there has been a dramatic shift in the legal system regarding child custody, and these are mainly from advocacy groups as well as fathers who believe in gender equality on child custody. Presently, courts considered many factors that could affect who would receive custody of the child, and the long-believed notion of mothers being the best caregiver is slowly being set aside. Moreover, courts nowadays believe that both parents should be present in the child’s life, and would prefer to give shared custody or equal visitations to both parents.

One of the best ways to ensure fair child custody or agreement is by discussing about it with the future ex-wife, even before going to court. When a settlement has been both agreed upon, the court would more than likely agree to it, lowering expenses and lessening the stress ad turmoil that the divorce gives. In cases where both parents can’t come into an agreement regarding child custody, the court will decide on the matter. The court will also be the one to determine the types of custody and visitation rights that will be given.

For a father to win the custody of their child, they must be able to prove that the mother is unfit to support and care for the child. Unable to do so would cause the court to grant joint custody. Courts take into consideration a number of factors to determine who would get custody of the child, and often the relationship between the parent and child is considered. Having proper evidence on your positive role on your child’s life, as well as witnesses and other supporting documents could be vital in ensuring you, the father, will win the custody of your child.

Updates on Risperdal Lawsuits

By on 3-19-2014 in Injuries

There are currently in excess of 420 cases filed against Janssen Pharmaceuticals Inc., a division of Johnson & Johnson (J&J) for its mismarketing of the atypical antipsychotic drug Risperdal.  Of these cases, about 130 are for the abnormal enlargement of breasts in young males on the drug, a condition called gynecomastia. J&J had settled many of these cases out of court, and the bill is rising for the beleaguered drug company.

Recently, a $2.2 Billion settlement agreement was struck between the US federal government and J&J. The lawsuit covered several point against the drug company, including mismarketing of Risperdal as treatment for elderly patients suffering from dementia, for which is had never been approved, and for children between 1999 and 2005, for which only got approval from the Food and Drug Administration (FDA) in 2006. The Department of Justice also alleged that J&J had a monetary arrangement with the largest nursing home pharmacy Omincare Inc to dispense not only Risperdal but also Invega, another antipsychotic drug, for off-label use.

To date, J&J has settled state-led lawsuits in Arkansas, South Carolina and Louisiana and individual cases in Texas and Philadelphia. Risperdal multi-district litigation (MDL 296) is currently underway in the Pennsylvania Court of Common Pleas, also in Philadelphia.

But it is far from over.

Recently, there has been documentary evidence uncovered that indicate J&J had deliberately withheld clinical trial findings that earlier indicated risks of Risperdal that are only now being revealed because of patient complaints. Even as the trials showed that certain populations may be contraindicated for Risperdal use, the drug was being aggressively marketed to those same populations. While the findings were far from conclusive, the attitude of J&J and Janssen management was less than forthcoming.

This could be the basis for a whole slew of new Risperdal lawsuits, even as sales continue to drop because of the controversies. If you or someone in your family suffered injury from using Risperdal, consult with a personal injury lawyer as soon as possible to assess the case.

Situations that Render a Premise a Dangerous Property

By on 3-01-2014 in Injuries

Slip and fall accident is one of the top causes of serious injuries in the U.S. Based on information sourced from the National Safety Council (NSC) Injury Facts, more than 8 million victims of this type of accident are registered every year.

According to the Consumer Product Safety Commission (CPSC), some of the most serious effects of a slip and fall accident are fracture to the hip, torn muscle and ligament, knee injury and broken bones (wrist and/or elbow), and the ones who are most prone to it are people at least 55 years old. Though it may just be a simple accident to many, it is enough to alter an elderly victim’s life, making him/her incapable of further enjoying years filled with worthwhile activities.

According to the website of the Burch Law Firm, slip and fall accident can occur on any dangerous property, that is, where there are trip hazards that are not noticeable, exposed wires, uncovered metal or wooden pegs, unnecessary clutter, no warning signs, especially on wet surfaces, uneven floors or walkway, moss-filled floors, inadequate lighting along walkways, unstable surfaces, no railings or guardrails, exposed wires, and so forth. It can happen in hospitals, inside a church, inside a mall or a restaurant, beside a pool, in the office – practically, anywhere, where the owner of a premise is negligent or careless enough as to allow accident-causing elements to remain in his/her area of responsibility.

Sadly, many lack concern in cleaning their own mess, and still many more do not have the initiative to clean their premises – to make sure that everything is safe. If they do not want to tidy up things for others’ sake, then, at least, they should get rid of any hazard for their own safety. Always, the victim of such lack of concern, carelessness or negligence, is someone who is totally unaware of a possible slip or trip hazard.

Injuries resulting from a slip and fall accident are called personal injuries. Under the law, the person or party liable for such accident is always the property owner. Thus, owners should be aware that after an accident because of their negligence, a claim lawsuit is sure to follow. If this describes your current situation, contact a Bakersfield Personal Injury Attorney today to learn the next best steps for you to take.