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Herniated disk- fall on ice | Rhode Island slip and fall lawyer - Slepkow Law (Est. 1932)

Herniated Disk as a result of slip and fall on Ice or snow? CALL Rhode Island slip and fall lawyer David Slepkow 401-437-1100.
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Lumbar disc herniation

lumbar (lower back) disc herniation is 15 times more likely to occur than a cervical (neck) disk herniation. It’s probably the most common cause of lower back pain. That pain is ordinarily most intense in the buttocks, thigh and calf. It might also involve your foot too.

Liability for slip and falls on ice

Injuries from slip and falls on ice in RI typically occur in business parking lots and on their sidewalks. The owners or occupiers of commercial properties have a duty of reasonable care to the general public to maintain their premises by removing snow and ice. What’s reasonable is a question of fact that might have to be decided by a jury. If you fell on property owned by federal, state or municipal governmental entities there may be very quick notice requirements and therefore you must immediately retain a Rhode Island slip and fall lawyer.


Weather conditions can change in a matter of hours. If you can take photos of the area you fell at, do so immediately. You might even be able to send somebody to photograph it for you. If there were any witnesses, you’ll want to ask for their contact information. Get treatment right away, and then call a Providence slip and fall attorney. Don’t give the other side any statements until you have discussed the matter with a Rhode island slip and fall lawyer or a slip and fall attorney in RI. You’re not required to.


A Rhode Island slip and fall lawyer or  premises liability attorneys will help you get the settlement or judgment that you deserve as a result of a slip and fall accident causing a herniated disk or other serious injury.

source: http://www.medicalnewstoday.com/articles/191979.php

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Law firm seeking justice and compensation on behalf of victims of dangerous and defective drugs and medical devices. This prescription drug and dangerous medical device information portal provides ...

Law firm seeking justice and compensation on behalf of victims of dangerous and defective drugs and medical devices. This prescription drug and dangerous medical device information portal provides informative articles about filing a defective prescription drug lawsuit.
David Slepkow's insight:
Defective Drugs Attorney

Law firm seeking justice and compensation on behalf of victims of dangerous and defective drugs and medical devices. This prescription drug and dangerous medical device information portal provides informative articles about filing a defective prescription drug lawsuit.

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4 Types of Brain Injuries and 3 Levels of Severity

4 Types of Brain Injuries and 3 Levels of Severity | Rhode Island Personal Injury Attorney | Scoop.it
The term brain injury can refer to many types of injuries relating to the brain, skull, and scalp. Possible complications and required treatments will

Via Matthew A. Dolman
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Matthew A. Dolman's curator insight, September 26, 11:39 PM

The term brain injury can refer to many types of injuries[1] relating to the brain, skull, and scalp. Possible complications and required treatments will greatly depend on how the injury is acquired, the location of the injury, and the severity of the brain damage. The following information covers the different types of brain injuries, as well as the different levels of severity of brain injuries. This information is crucial to understanding a personal injury case involving a brain injury, since these terms will be used extensively by both doctors and insurance adjusters when handling your case. 

Types of TBIs

There are four main types of TBIs. They are concussion, contusion, penetrating injury, and anoxic brain injury.

(click on this article to learn more)

 

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

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Hernia Mesh Surgery Causing Chronic and Severe Pain

Hernia Mesh Surgery Causing Chronic and Severe Pain | Rhode Island Personal Injury Attorney | Scoop.it
Post-operative chronic & severe pain may occur after hernia repair. If you have suffered from mesh complications, you may be entitled to compensation. 
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ost-operative chronic and severe pain may occur after hernia repair surgery with mesh, among other complications. If you have suffered from an injury related to hernia mesh, you may be entitled to compensation.

Annually, over a million hernia surgeries are performed in the United States; for these surgeries it is considered the standard of care to use hernia mesh to prevent future complications. (1) When a patient has a surgery for a hernia, there is a chance that another hernia may occur at the site of the original hernia. In order to discourage this recurrence, a surgeon may sometimes use a hernia mesh. Hernia mesh is a net-like medical product that is attached and covers the area from which the hernia was removed in order to discourage another hernia from occurring at the same site. This product may be made from natural materials, or it may be made from synthetic materials. Many patients who have hernia mesh implanted in their body experience both severe pain as well as chronic pain.

Hernia surgery complications | Severe and Chronic Pain

HERNIA MESH CHRONIC PAIN

In an ideal situation, the mesh will cover the site where the hernia occurred and ensure that the organs remain contained within rather than pushing through and causing a hernia once again. So long as the surgeon utilized a suitable hernia mesh and the product was properly utilized, the patient will experience some pain in the immediate aftermath of the surgery, but that pain will diminish over time and the patient will be able to return to their normal activities. In some instances, however, a person may continue to experience intense pain and associated issues well after the recovery period for the surgery was meant to have passed.

HERNIA MESH SEVERE PAIN

Those individuals who are experiencing issues as a result of hernia mesh may experience the following symptoms:

– Internal Bleeding;
– Continued pain at the site of the hernia surgery
– The surgery site gains the feeling or appearance of infection, including fever, vomiting, nausea, redness, or the area becoming swollen or raised;
– Pain so debilitating that particular movements are restricted or impossible (2); and
– The inability to move one’s bowels (a potentially life-threatening situation that may require immediate emergency medical care) (3)

In some instances, people who are having issues as a result of hernia mesh are able to earn compensation for their injuries. (4)

When a surgeon does not have the skill to properly perform the surgery and as a result, they improperly install the hernia mesh product, it can result in future medical problems. For instance, when a surgeon who is performing a laparoscopic surgery does not have the requisite skill or training, they may improperly attach the mesh. Laparoscopic surgeries can be complicated and require a very specific and unique set of skills, and if a surgeon lacks those skills, it may result in the patient developing issues due to the improperly used hernia mesh. (5) These errors are not limited to laparoscopic surgeries, either, as hernia mesh that is improperly applied during open surgery can cause the patient problems in the future, as well. (6)

While some lawsuits concerning hernia mesh arise out of the error or lack of skill of a surgeon, others come out of a defective product. In one example of an instance like this, the manufacturer may have failed to properly inform either the patient or the surgeon of the risks associated with the hernia mesh product. When this occurs, the manufacturer, either recklessly or intentionally, endangered the patient by allowing the doctor or patient to have a false belief about the nature or efficacy of the hernia mesh. Had the doctor or patient had complete information, they may have acted differently, perhaps choosing a different manufacturer’s hernia mesh and avoiding the injury from which they now suffer. (7)

In other instances, defective hernia mesh may have caused an injury that entitles the patient to compensation.  Defective mesh can cause severe pain as well as chronic pain. When a hernia mesh product was either manufactured with inferior materials or according to a design that is defective, it is possible that the hernia mesh will not only fail to prevent another hernia from occurring, it may even make it more likely that a hernia will occur. In cases like this, a patient may be able to bring a suit against the manufacturer.

Hernias are a painful experience, and your surgery should relieve your pain, not compound it. If you are suffering from an injury due to hernia mesh, you may be entitled to compensation for your continued pain. Get in touch with one of our experienced and friendly specialists today, and we can provide you with a free compensation. Don’t continue to suffer when you are entitled to compensation for your injury! Contact us today.

(1) https://www.ecnmag.com/article/2016/08/how-design-surgical-mesh-can-impact-risk-chronic-pain-after-hernia-repair
(2) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5896652/
(3)https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/herniasurgicalmesh/default.htm

Hernia Surgical Mesh Implants – Food and Drug Administration

 

www.fda.gov

Describes hernias, the different treatment options to repair hernias and recommendations for patients that are considering surgery for their hernias. The FDA wants to help patients make informed decisions about their health care and to facilitate a discussion between patients and their surgeons.

(4) https://www.consumersafety.org/legal/hernia-mesh-lawsuit/
(5) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2999781/
(6) https://www.ncbi.nlm.nih.gov/pubmed/14533914
(7) https://www.weitzlux.com/defective-drugs-and-devices/hernia-mesh-linked-complications/

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Hernia Mesh Complications | Mesh Shrinkage and Contraction

Hernia Mesh Complications | Mesh Shrinkage and Contraction | Rhode Island Personal Injury Attorney | Scoop.it
A concern with hernia surgery is mesh shrinkage or contraction. The shrinkage of mesh has been reported as a possible reason for hernia recurrence.
David Slepkow's insight:
Hernia repair surgery is quite common. It is reported that approximately 33% of men will need hernia repair surgery at some time in their lives, and that approximately 10% of women will as well. It is believed that there are more than 20 million hernia operations per year throughout the world. A hernia is a protrusion of an abdominal organ through the wall of the body cavity where it should be contained. Hernia repair is the most routine operation conducted worldwide. Hernia repair is often the first operation a new surgeon is trained in.
 

Mesh complication

HERNIA MESH COMPLICATIONS

All abdominal hernias must be surgically repaired as they do not recover spontaneously. Hernias are best treated when they are small and before the risk of complication through strangulation occurs. There are essentially two choices for hernia surgery: conventional open surgery and minimally invasive surgery. Minimally invasive surgery is also termed laparscopic surgery, and is cosmetically preferred because of the small entrance wound. The effects of trauma inside the abdomen are the same for both types of surgery. More importantly, minimally invasive surgery must always involve use of a mesh.

Patient considerations when contemplating hernia surgery include the following:

  • The the risk of ongoing pain
  • The risk of hernia reappearance
  • Simplicity of treatment in case of complications
  • Quickness of recovery
  • The cosmetic appearance of the surgical wound

HERNIA MESH SHRINKAGE | MESH CONTRACTION

A remaining concern with hernia surgery is mesh shrinkage or contraction. The shrinkage of mesh has been reported as a possible reason for hernia recurrence. Does expanded polytetrafluoroethylene mesh really shrink after laparoscopic ventral hernia repair? It is said that because mesh is not biologically inert, that all mesh will experience shrinkage after implantation. Abdominal Hernias and Surgical Meshes. However, the degree of shrinkage and its cause have not been clearly determined. A conclusion has been drawn that shrinkage depends on type of mesh used and its means of anchoring. Mesh shrinkage depends on mesh properties and anchoring device: an experimental long-term study in sheep. In that study, two mesh forms were used, PhysiomeshTM (large pore, lightweight) and VentralightTMST (small pore, mediumweight), with three forms of anchor, ProTackTM, SecurestrapTM or GlubranTM. Shrinkage of PhysiomeshTM was significantly higher (17.7% to 35.7%) than that of VentralightTMST (19.3% to 22.2%), but it was observed that shrinkage was higher with the ProtackTM anchor that with either GlubranTM or SecurestrapTM. Moreoever, it is said that mesh fixation can be done either with sutures or with metal tacks, and in one study it was observed that shrinkage was greater when tacks were used than when sutures were used. Mesh shrinkage and pain in laparoscopic ventral hernia repair: a randomized clinical trial comparing suture versus tack mesh fixation.

Much is unknown about the risks of using a mesh in hernia surgery. Of great concern is the risk of chronic pain, but doctors don’t agree on the severity of that risk. The risk is generally estimated as between 0% and 60%, so doctors commonly estimate the risk at around 20%. Many doctors believe that hernia mesh causes serious chronic pain in a large percentage of patients. Many doctors also believe that hernias can be surgically repaired without the use of the mesh while still maintaining a low risk of recurrence. www.noinsurancesurgery.com/hernia/hernia-repair.htm

SYMPTOMS OF HERNIA MESH COMPLICATIONS INCLUDE:

  • Difficulty urinating or passing gas and stool
  • Excessive pain, bruising, or swelling
  • High fever (101 degrees)
  • Increased redness or drainage from the incision
  • Nausea, vomiting or other flu-like symptoms
  • Stiffness in the abdomen

Today, the use of mesh products in hernia surgery has been widely adopted, with estimates that more than 80% of all hernia operations involve use of a mesh. The source of the dispute over hernia meshes often comes down to materials used in the construction of the mesh. Various forms of meshes have involved composites, polymers, biodegradable biomaterials, and even metals. There are many varieties of meshes and there is strong disagreement over performance and success of surgical procedures involving particular types of meshes. The wanted characteristics of meshes are inertness, avoidance of infection, adequacy of long-term tensile strength to resist early recurrence, quick compatibility with host tissue, flexibility to prevent fragmentation, and little likelihood of cancer risk.
www.ncbi.nlm.nih.gov/pmc/articles/PMC5618132

NON-MESH HERNIA REPAIR OPTIONS

The dispute over the use of a mesh in hernia surgery continues today. According to many doctors, mesh is not necessary for most hernia repairs. Many non-mesh hernia surgeons successfully complete repairs with recurrence rates of less than 3%. At the same time, those doctors feel that the mesh offers a high risk of continuing complications from this relatively simple surgery. A suspicion is that it is the profit motive of medical manufacturers that drives the incidence of use of the mesh. Most surgeons are viewed as having become dependent on mesh and anti-mesh researchers are often not heard. Studies do continue in any event, and a dispute continues to rage.

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Hernia Recurrence After Hernia Mesh Repair

Hernia Recurrence After Hernia Mesh Repair | Rhode Island Personal Injury Attorney | Scoop.it
Hernia repair is known to be one of the commonly practiced surgical methods. Even surgeons know well that this is one of the most common operations that occur in hospitals. Due to the commonness of the procedure, various types of operations have been offered in many hospitals around the world as long as hernia repair …
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Hernia repair is known to be one of the commonly practiced surgical methods. Even surgeons know well that this is one of the most common operations that occur in hospitals. Due to the commonness of the procedure, various types of operations have been offered in many hospitals around the world as long as hernia repair is concerned. There are procedures such as open and laparoscopic treatments for those who wish to undergo this type of surgery. However, the type of surgery that can be done to patients will depend on the recurrence rate after the said operation.

The different causes of the recurrence can be identified by experts in order to find the best solutions needed to treat it. Prevention and elimination can be done for the sake of resolving hernia recurrence. Various studies and articles that are worth 40 years have been analyzed for the sake of improving the research when it comes to recurrence treatment to ensure a better condition on a patient’s hernia As a result, the causes of recurrence have been analyzed based on the results of the surgeries done for hernia mesh repair.

The success rate of the hernia repair is often observed depending on the operation if it can provide a permanent result if complications will lessen, the timeframe needed for the patient to rest before they can resume their normal activities, as well as the minimal costs of the surgery. But despite all these factors, doctors often view the risk of recurrence as the primary factor when viewing the success rate of hernia repair. A 15% recurrence rate using primary hernia repair was often done before applying the hernia mesh. But despite the usage of the very versatile mesh implants, recurrence rates on the hernia still tend to exist. The main factors vary upon the type of repair done.

Gladly, hernia mesh was used and being developed to ensure a better recurrence rate for patients and surgeons. These meshes are often made with a porous material that allows the growth of damaged tissues. The material is also known to be reactive in order to promote ingrowth within the tissue while preventing any type of negative reaction such as inflammation and allergies. The mesh is also known to be durable enough to provide full protection to the groin, and it lessens the risk of recurrence further.

FACTORS IN HERNIA REPAIR THAT AFFECTS RECURRENCE RATES

During an open repair, early recurrences occur due to the issues have done during the operational processes that are done to the patient. This also includes postoperative infections that are considered as the most common cause of the recurrence after operation. There are late recurrences that may occur to the patient such as the defect of the patient’s collagen. Age can also be a leading factor towards the recurrence of a hernia, wherein older patients may experience it often. Medical morbidities are also observed oftentimes in order to determine hernia recurrence as well.

On the other hand, laparoscopic repair can decide the risk of hernia recurrence as well. But there are fewer factors that may cause the condition to happen. Mesh placement is the most common cause that may happen after the repair. Other problems include dissection and fixation, and these are often observed in order to view if it’s causing the hernia recurrence. These can also happen as either early or late recurrence to the patient.

That’s why numerous researches in regards with hernia mesh usage for hernia recurrence were developed in a way where the researchers often base previous hernia repairs, as well as the numerous articles made by experts to ensure full knowledge and development over the surgery’s improvement. This is also done for the sake of understanding hernia surgery in all aspects, which also include the problems that it may cause.

RECURRENCE STATISTICS

An article from Science Direct states that surveys were conducted for the sake of observing recurrence incidents following a hernia repair to a patient. The surveys showed that specialized hospitals and other centers tend to have a recurrence rate of 1%, while general hospitals got a result of 30%. This is great news to the field of medicine when it comes to the usage of mesh. The article also states that 10 – 30% recurrence rates are present during the time when mesh wasn’t introduced to hospitals. What’s alarming was the 35% recurrent hernia repairs to the patients as well.

This just shows how extremely important a hernia mesh treatment is needed nowadays if a patient wishes to attain a higher success rate for their surgery. This is a right that all patients must have, and this must be promoted further in hospitals for the sake of decreasing recurrence rates, which can be a huge problem to most patients especially when it comes to their time and finances.

REFERENCES:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1190751/

https://www.sciencedirect.com/science/article/pii/S1743919113000873

 
 

 

ALL RIGHTS RESERVED © 2018 · HERNIA MESH ATTORNEY · E&OE

ATTORNEY DAVID SLEPKOW AT SLEPKOW SLEPKOW & ASSOCIATES INC., ESTABLISHED IN 1932, IS RESPONSIBLE FOR THE CONTENT OF THIS WEBSITE. SS &A’ S PRINCIPAL OFFICE IS LOCATED AT: 1481 WAMPANOAG TRAIL EAST PROVIDENCE RI. CLIENTS WILL BE NOT ACCEPTED IN THOSE STATES IN WHICH STATE BAR RULES DO NOT ALLOW. DAVID IS LICENSED TO PRACTICE LAW IN RHODE ISLAND AND PROVIDENCE PLANTATIONS, THE COMMONWEALTH OF MASSACHUSETTS AND THE UNITED STATES SUPREME COURT. DAVID SLEPKOW WAS A LONGTIME MEMBER OF THE FEDERAL COURT FIRST CIRCUIT DISTRICT OF RI. THE HIRING OF AN LICENSED ATTORNEY IS A VERY CRUCIAL DECISION FOR A CLIENT. THIS IMPORTANT DECISION SHOULD NOT BE SOLELY MADE BASED ON ADVERTISING OR ON A WEBSITE. THIS WEBSITE IS NOT INTENDED TO BE AN ADVERTISEMENT OR SOLICITATION. INFORMATION, ARTICLES, CONTENT AND OPINIONS ON THIS WEBSITE AND BLOG IS FOR GENERAL INFORMATION ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE OR SOLICITATION OF LEGAL SERVICES. INFORMATION FROM THIS SITE OR IT’S TRANSMISSION IS NOT INTENDED TO CREATE AN ATTORNEY CLIENT RELATIONSHIP. THE RECEIPT OF SUCH HERNIA MESH INFORMATION DOES NOT CONSTITUTE, AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN SLEPKOW SLEPKOW & ASSOCIATES INC. AND THE READER OR VISITOR. IN THE EVENT THAT ANY INFORMATION ON THIS WEBSITE DOES NOT FULLY CONFORM TO REGULATIONS, LAWS OR CASE LAW IN ANY JURISDICTION, THIS LAW FIRM WILL NOT ACCEPT SUCH CLIENTS.. IN CERTAIN STATES THIS HERNIA MESH ATTORNEY BLOG MAY BE DEEMED ATTORNEY ADVERTISING. WE AT SLEPKOW SLEPKOW ASSOCIATE’S INC..HAVE MADE EVERY EFFORT TO COMPLY WITH ALL ADVERTISING LAWS AND RULES. THE RHODE ISLAND SUPREME COURT LICENSES ALL LAWYERS AND ATTORNEYS IN THE GENERAL PRACTICE OF LAW, BUT DOES NOT LICENSE OR CERTIFY ANY LAWYER / ATTORNEY AS AN EXPERT OR SPECIALIST IN ANY FIELD OF PRACTICE. WHILE THIS FIRM MAINTAINS JOINT RESPONSIBILITY, MOST CASES OF THIS TYPE ARE REFERRED TO OTHER ATTORNEYS FOR PRINCIPLE RESPONSIBILITY

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Top ten reasons why class actions are bad for victims

Top ten reasons why class actions are bad for victims | Rhode Island Personal Injury Attorney | Scoop.it
Class action suits can be important in some circumstances. They allow multiple plaintiffs to pool their evidence and resources to take on a large, well-funded opponent. They are typically, the most beneficial to victims when the average claim is small and pursuing an individual law suit would be cost prohibitive. These suits are not, however, …
David Slepkow's insight:

Class action suits can be important in some circumstances. They allow multiple plaintiffs to pool their evidence and resources to take on a large, well-funded opponent. They are typically, the most beneficial to victims when the average claim is small and pursuing an individual law suit would be cost prohibitive. These suits are not, however, right for everyone. If you are considering joining a class action lawsuit, you may want to look at the downsides of this process. It is important to note that, fortunately, there are no hernia mesh lawsuit class actions in the United States. There has never been a hernia mesh class action in the United States. There is an Ethicon Physiomesh hernia mesh class action pending in Canada. There are a 2-3 hernia mesh Multidistrict litigation pending in United states Federal Courts. Avid readers of this hernia mesh lawsuit blog are aware that Multidistrict litigation is very different from a hypothetical hernia mesh class action.

THERE ARE NO HERNIA MESH CLASS ACTION LAWSUITS IN THE UNITED STATES

Signs of a hernia mesh infection- complications

HERE ARE THE CONSOLIDATED LAWSUITS/ MULTIDISTRICT LITIGATION PENDING IN THE UNITED STATES (PLEASE NOTE THAT THESE ARE NOT HERNIA MESH CLASS ACTION LAWSUITS):

 NEGATIVES / CON’S OF A CLASS ACTION

1. No choice in representation

First and foremost, you give up the right to have your own attorney in a class action suit. While large firms generally represent clients in class action suits, this doesn’t mean that you’re necessarily getting an attorney with whom you’d want to work. If you join a class action suit, you will have to hope that the attorney chosen to represent your class has your best interests at heart. As stated above a number multidistrict consolidated lawsuits have been established in federal Courts. If the hernia mesh you have implanted is subject to a consolidated proceeding such as multidistrict litigation, you have the right to a lawyer fighting for your rights. This is one of the main distinguishing features of multidistrict litigation (an mdl) from a class action. Hernia mesh law firms have run for the hills from filing a hernia mesh class action, in part, for this reason.

2.  Class action: No individual suit

If you join one of these suits, you give up your right to bring an individual suit for the same matter. This means that you have to make the decision that your best – and most financially sound – chance to bring forth your case means throwing your lot in with others rather than being able to go it alone in court. This can be helpful in some cases, but it does mean giving up a fundamental right.

3. Potentially smaller payout

When a class action suit is successful, the award from the judge can look huge. Unfortunately, in many cases the payout to the individual class members can be very small. The larger the pool of potential class members, the less that each member of the class will end up getting if the case is successful. If you’re looking to get compensation for a major financial issue, there’s a very good chance that you won’t get what you need even from a successful class action suit.

4. Slow movement

Class action suits don’t move quickly. These are huge cases that usually end up being fought between titanic enemies for huge sums of money, so things won’t move fast. In many cases, at least one of the sides will use stalling tactics to cause pain to the other side and draw out the time spent in court. While this can be a very good tactic when used by an intelligent attorney, it’s not something you want to deal with when you’re dealing with a major medical issue.

5. Potential for unwanted compensation

The type of compensation that you get from a class action suit may not always be the type of compensation that you want. In fact, it’s common for remuneration in these cases to come in the form of refunds or even coupons for services. While this might be nice to have in some situations, it won’t always help your particular situation. If you need to have a very specific type of compensation, you may be better served by getting your own attorney and staying out of a class action suit.

6. Lack of privacy

Major law suits don’t necessarily stay out of the public eye. They are reported on and become part of the public record. If you join a class action suit, you’re joining something that will be publicized. While you will have some anonymity as part of a larger class, it will be possible for people to connect you to the suit. Depending on the reason that you choose to join the suit, this might be embarrassing or problematic for you. If you need more privacy, you might want to find another legal avenue to pursue.

7. Monetary damages only

Unfortunately, damages will continually be an issue for you as you deal with a class action suit. In most cases, class action suits focus solely on monetary damages. If your goal is to get something other than financial compensation, these suits will do you very little good. While getting the money you deserve is an admirable goal, it is certainly not the only goal of the legal system. If you’re looking to make a difference in the world, a class action suit is not the way to go.

8. Less control

When you join a class action suit, you are handing over all legal control to another entity. You won’t be asked about strategy or goals. You will not get the chance to push for alternative dispute resolution or to decide that it’s time to drop the suit. You are joining a much larger group and unfortunately your input simply cannot be given more weight than the input of any other class member. If you want to be consulted and to have some say about the legal matter at hand, you will need to pursue your own suit.

9. Single chance

One of the most problematic elements of a class action lawsuit is the fact that it’s a one and done proposition. If your suit fails, you don’t get to try again. There’s certainly no chance to appeal the decision and you’ll have to live with whatever the court hands down. You’re giving up a number of your legal rights in order to join the class, something that might not sit right with you when you understand the risks that you might be taking.

10. No room for individual motivation

Finally, it’s important to remember that once you join the class action suit, this is no longer your legal story. Your motivations don’t matter. The changes you wanted to make in the world no longer matter. You are a part of a much larger group, and thus your story is unlikely to be told. If your biggest goal is to get your day in court, you should look for a different type of legal recourse.

Class action suits simply aren’t for everyone. If one of the issues listed above gives you pause, you may want to look into getting your own attorney. whether you need to have more control over your case or you find that your personal motivations are likely to be different than that of the rest of the class, it’s important to determine if you need your own representation.

Thankfully there are no hernia mesh class action lawsuits pending in the United States.

SOURCES

https://800perkins.com/advantages-disadvantages-class-action-lawsuit/
https://resources.lawinfo.com/class-action/the-advantages-and-disadvantages-of-class-act.html
https://www.mitchell-lawfirm.com/joining-class-action-lawsuit-right/

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Bard requests to transfer hernia mesh lawsuits to NJ & New York

Bard requests to transfer hernia mesh lawsuits to NJ & New York | Rhode Island Personal Injury Attorney | Scoop.it
A motion  entitled “BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR §1407 COORDINATION / CONSOLIDATION & TRANSFER OF RELATED ACTIONS TO THE SOUTHERN DISTRICT OF OHIO” was filed by law firms representing hernia mesh victims with the United States Judicial Panel on Multidistrict litigation(JPML).  The Plaintiff’s asserted that “For reasons in Plaintiffs’ motion and as explained …
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A motion  entitled “BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR §1407 COORDINATION / CONSOLIDATION & TRANSFER OF RELATED ACTIONS TO THE SOUTHERN DISTRICT OF OHIO” was filed by law firms representing hernia mesh victims with the United States Judicial Panel on Multidistrict litigation(JPML).  The Plaintiff’s asserted that “For reasons in Plaintiffs’ motion and as explained in detail below, the Panel should order the consolidation/coordination and transfer of the above-referenced lawsuits, and the lawsuits listed in the Schedule of Actions, to the Southern District of Ohio (Eastern Division), in
Columbus, Ohio.” Id.

hernia MESH LAWSUIT, Perfix Plug

MOTION SEEKS TO CONSOLIDATE AND CENTRALIZE

This motion seeks to centralize and consolidate all federal lawsuits involving C.R. Bard and Bard’s subsidiary, Davol. The victim’s hernia mesh law firms seek to have all Bard hernia mesh and patch medical devices made of Polypropylene be consolidated as Multidistrict litigation. (IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL No. 2846)

According to the victim’s submissions, there are over 50 Bard / Davol lawsuits pending in Federal Court. The mesh victims assert that Bard’ mesh medical devices are defective and dangerous. The victims are advocating for the lawsuits to be determined in the Southern District of Ohio or the Western District of Missouri

BARD RESPONDS TO PLAINTIFF’S MOTION TO CONSOLIDATE

Bard filed a response to the victims motion entitled, “DEFENDANTS C. R. BARD, INC. AND DAVOL INC.’S RESPONSE TO PLAINTIFFS’ MOTION FOR § 1407 COORDINATION/CONSOLIDATION & TRANSFER OF RELATED ACTIONS TO THE SOUTHERN DISTRICT OF OHIO.

BARD CONSENTS TO A MULTIDISTRICT LITIGATION

Bard Davol’s hernia mesh law firm actually acquiesced to the victim’s request to open up a multidistrict litigation for Bard Hernia mesh lawsuits that were filed in Federal Court. Bard’s surgical mesh attorneys made it crystal clear that it should be either all or none of theBard’s hernia mesh and hernia patch products as part of the multidistrict litigation.

IF THE PANEL GRANTS THE MOTION, THIS WILL NOT BE A MESH CLASS ACTION

Keep in mind, if this Multidistrict litigation is approved by the Panel, this will not be a hernia mesh class action. As has been stated numerous times on this hernia mesh lawsuit blog, there are no hernia mesh class action lawsuits pending in the United States. There has never been a  hernia mesh class action in the United States.

BARD’S MESH LAW FIRM WEIGHS IN:

Bard Davol’s hernia mesh law firm actually acquiesced to the victim’s request to open up a Multidistrict litigation for Bard Hernia mesh lawsuits that were filed in Federal Court. Bard’s surgical mesh attorneys made it crystal clear that it should be either all or none of the Bard’s hernia mesh and hernia patch products as part of the multidistrict litigation.

Bard’s high powered hernia mesh law firm tries to convince the Panel to have the consolidated lawsuits in the District of New Jersey or in the alternative, the Southern District of New York.

BARD’S HERNIA MESH LAW FIRM MAKES THE CASE FOR THE DISTRICT OF NEW JERSEY:

Bard’s surgical mesh lawyers argue the following to convince the Panel to hear the cases in new Jersey:

  • The District of New Jersey is a convenient court for litigants and witnesses.DEFENDANTS C. R. BARD, INC. AND DAVOL INC.’S RESPONSE TO PLAINTIFFS’ MOTION FOR § 1407 COORDINATION/CONSOLIDATION & TRANSFER OF RELATED ACTIONS TO THE SOUTHERN DISTRICT OF OHIO.
  • “Less of an administrative burden.” Also, it would be less of an administrative burden to have the Bard / Davol surgical mesh cases transferred than other federal district Courts. This Court is number 4 out of 25 for the most amount of Bard hernia mesh lawsuits pending. Id.
  • There are currently nine Bard hernia mesh cases pending in the District of New Jersey, giving it the fourth most out of the 25 districts resolving hernia mesh lawsuits. Id.
  • The District of New Jersey is very experienced in resolving complicated product liability causes of action. The Court is particularly experienced at handling Multidistrict litigation which is complicated and complex involving complex scientific and technical issues. Id.
  •  New Jersey Federal District Court has 35 judges capable of resolving the Bard mesh lawsuits.
  •  Vast experience handling Multidistrict litigation similar to the hernia mesh lawsuits pending against Bard Davol. Id.
  • There are judges in New Jerseywith hernia mesh lawsuit experience such as: Chief Judge Jose L. Linares; Judge Madeline Cox Arleo and Claire C. Cecchi. Id.
  • C.R. Bard has a headquarters in new Jersey. Near Davol’s location in Rhode Island. The New Jesey District Court is convenients to important witnesses and near evidence. The JPML has utilized, in past decisions, the reasoning that the location of the Defendant is important. Id.
  • The District of New Jersey Federal Court is a fairly convenient Court to the litigants, parties and witnesses. There are several huge airports in New Jersey and there are tons of non stop flights to New Jersey. All in all, the court is accessible and very convenient. Id.
  • There are lots of hotels in the area and is accessible by rail. Id.

     

BARD’S MESH DEFENSE ATTORNEYS ALSO ADVOCATE FOR THE HERNIA MESH LAWSUIT TO BE HEARD IN THE SOUTHERN DISTRICT OF NEW YORK

  • Bard argued that the Southern District of New York  is convenient for litigants and witnesses which will aid in “promot[ing] the just and efficient conduct of [the coordinated] actions,” Id.
  • The Southern District of New York has 10 pending hernia mesh lawsuits which is the 2nd highest of all Federal District Courts handling hernia mesh lawsuits. Id.
  • “Moreover, the Southern District of New York is well-equipped to handle and manage these large and complex actions and has extensive experience managing complex MDLs. Given the large number of judges and experience, the Panel has transferred many MDLs to the Southern District of New York – by far the largest number of MDLs transferred to any district.” Id., JPML Litigation Statistics by MDL,  Terminated MDL 
  • There are 43 Judges presiding over legal matters in the Southern District of New York. 31 of the 42 Judges have handled at least one MDL. Id.
  • The Southern District of New York has a lot of experience in dealing with Multidistrict litigation pertaining to prescription Medical devices. There are currently 5 mdl’s pending before the District. Id.
  • Eight of the Judges from the Southern District of New York are presiding over hernia mesh lawsuits: Judge Naomi Reice Buchwald; Judge Valerie E. Caproni; Judge Andrew L. Carter, Jr.; Judge P. Kevin Castel; Judge Katherine Polk Failla; Judge Paul G. Gardephe; Judge Lewis A. Kaplan; and Judge Lorna G. Schofield. Id., JPML Litigation Statistics by MDL
  • “The Southern District of New York has the most proven track record of handling multidistrict litigation of any district. The Southern District of New York also sits in close proximity to the headquarters of C. R. Bard (New Jersey) and Davol (Rhode Island), giving it a convenience factor that is similar to the District of New Jersey’s.” Id.
  • “See, e.g., In re: Keurig Green Mountain Single-Serve Coffee Anti-Trust Litigation, 24 F. Supp. 3d 1361, 1363 (U.S.J.P.M.L. 2014) (defendant headquartered in Vermont, “and thus the common evidence will be reasonable accessible from this location”); In re; Mirena IUD Products Liability Litigation, 938 F. Supp. 2d 1355, 1358 (U.S.J.P.M.L. 2013) (defendants located in New York, New Jersey, Connecticut, and Pennsylvania, so “the primary witnesses and documentary evidence on the common factual issues will be located in New York and the surrounding area”). Id.
  • “Finally, the Southern District of New York, and New York City in particular, is a geographically accessible and convenient forum for all parties and witnesses. Three major airports serve New York City (LaGuardia, John F. Kennedy, and Newark), all of which are less than eighteen miles from the courthouse and offer numerous non-stop flights every day to cities across the country, as well as train services to neighboring states. The Panel has recognized New York City’s central location and accessibility in finding that the Southern District of New York is an appropriate MDL forum. See, e.g., In re Rhodia S.A., Securities Litigation, 398 F. Supp. 2d 1359, 1360 (U.S.J.P.M.L. 2005). Id.

TYPES OF BARD HERNIA MESH WE ARE REVIEWING:

Bard/ Davol:
 Visilex
 Composix
 Composix EX
 Spermatex
 3D Max
 Sepramesh
 Perfix Plug
 Ventralex
 Kugel
 Composix Kugel
 Ventrio
 Ventrio ST
 Marlex

 Sepramesh IP Composite

 Ventralex ST

Phasix

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Seat Belt Laws and Accidents in Rhode Island

Seat Belt Laws and Accidents in Rhode Island | Rhode Island Personal Injury Attorney | Scoop.it
2011 was an important year for the state of Rhode Island in their continued quest to reduce traffic fatalities on their roadways. It was during that year that their state legislature enacted a primary seat belt law. The law went into effect in June of that year, and mandated an $85.00 for all offenders caught …
David Slepkow's insight:
Seat Belt Laws and Accidents in Rhode Island
BY DAVID

2011 was an important year for the state of Rhode Island in their continued quest to reduce traffic fatalities on their roadways. It was during that year that their state legislature enacted a primary seat belt law. The law went into effect in June of that year, and mandated an $85.00 for all offenders caught without wearing their seat belt. When Rhode Island lawmakers renewed the law in 2013, they increased the fine to $85 per vehicle occupant. Has this law helped the traffic fatalities in this state? This article will examine the positive impact this law has had on motorists in the Ocean State.

RI seat belt law

To start with, Rhode Island immediately went from 45th to 25th in the nation in seat belt usage. Rhode Island has also seen some results in other ways as well. First of all, traffic fatalities in this state have been on a steady decline since this law was passed, as noted in WPRI.com. In 2015, 45 Rhode Island residents passed away in a car crash. This is a significant drop from 2010, when 67 individuals perished on a Rhode Island roadway.

Part of the reason for this drop has a lot to do with the increased patrols of Rhode Island state troopers and their continual “Click it or Ticket” drive to enforce seat belt laws within their state. Although the drive only happens a couple of times a year, it reminds motorists of the importance of wearing their seat belt. There is a big difference between being mortally injured in a car accident and being able to walk away without a scratch because of seat belt use.

Coupled with this increased awareness of seat belt use is increased funding to police departments in order to conduct increased research. Police officials are constantly learning about the best way to continue to improve motorist protection. They realize that there will always be incredible dangers on the roadway, including the potential of impaired drivers and distracted motorists. It doesn’t matter how cautious a driver you are, if someone else is negligent you could still possibly get hurt if they cause an accident with you.

Police department evaluate a number of different data tables in order to determine if their seat belt enforcement campaigns are working. First of all there is the seat belt use survey, the number of citations issued, and fatalities from lack of seatbelt use all play a role in the amount of grants a department might receive. Either way, the law enforcement personnel of Rhode Island are dedicated to keeping all motorists safe.

http://www.dot.ri.gov/documents/community/safety/Highway_Safety_Performance_Plan.pdf

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Fatal Motorcycle accident statistics | RI wrongful death attorney

Fatal Motorcycle accident statistics | RI wrongful death attorney | Rhode Island Personal Injury Attorney | Scoop.it
Loved one killed in fatal motorcycle accident in RI? Rhode Island motorcycle accident wrongful death attorney David Slepkow 401-437-11100 Fatal accident
David Slepkow's insight:
Fatal Motorcycle accident statistics | RI wrongful death attorney

As per National Highway Traffic Safety Administration (NHTSA) report number DOT HS-812-848, motorcyclists are 26 times more likely to be involved in a fatal accident than other motorists.Motorcycles present smaller profiles in traffic and they don’t have the stability of other vehicles. There’s no protective enclosure for motorcycle riders either. Head injuries are a common cause of death in motorcycle crashes. According to the Insurance Institute for Highway Safety, wearing a helmet while on a motorcycle is about 67 percent effective in preventing brain injuries and 37 percent effective in preventing fatalities.

The 2014 fatalities | wrongful death

The NHTSA reports that in 2014, 4,586 people died in motorcycle crashes. More than 92,000 were injured. They totaled 13 percent of all total motor vehicle fatalities. The startling fact is that the number of motorcycle fatalities in 2014 was double that of 1997.

The fatal months and days | fatal, deadly accident

June and July of 2014 had the highest number of motorcycle deaths with 571 in June and 556 in July. Those months accounted for about 26 percent of all 2014 motorcycle fatalities. For the year, 52 percent of the deaths occurred on weekends between 3:00 p.m. and 6:00 p.m.

Where most deaths occurred | fatal accident

Of course, deaths were reported more often on urban roads than rural roads. About 57 percent of the 2014 deaths occurred on major roads and not interstate highways or freeways. About 27 percent occurred on minor roads.

Drunk motorcycle driving | Rhode Island wrongful death attorneys

The number of drunk driving motorcycle deaths in 2014 was stunning. About 55 percent of the motorcycle drivers who died after sundown had blood alcohol levels above the .08 legal limit.

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The most common motorcycle accident scenario

The most common reason for fatal motorcycle accidents is that other motorists just don’t see them. The most frequent scenario is a motorist making a left turn in front of a motorcycle. This occurs more often at intersections than straight stretches of road.

After a fatal motorcycle accident, the victim’s family might want to bring a wrongful death action against the party who was responsible for the collision. They need to speak with an experienced Rhode Island motorcycle wrongful death attorney. A Providence motorcycle accident lawyer will help you get the bike crash compensation that you are entitled to. They should do that as soon as possible since both evidence and witnesses can disappear. There are also time limitations on when they can bring an action. Depending on what types of actions they might bring and who caused the accident, different limitations periods might apply.

The Insurance Information Institute stated” “In 2014 motorcycle fatalities fell 2.3 percent to 4,586 from 4,692 in 2013.  This was the second decrease in motorcyclist fatalities since 2009. In 2013, 56 out of every 100,000 registered motorcycles was involved in a fatal crash, compared with only 9 out of every 100,000 passenger cars, according to the National Highway Traffic Safety Administration (NHTSA). In 2013 motorcyclists were about 26 times more likely than passenger car occupants to die in a crash per vehicle mile traveled and five times more likely to be injured, according to NHTSA.” http://www.iii.org/issue-update/motorcycle-crashes

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Top 5 Mesh victim myths and misconceptions - Hernia Mesh Recall Attorney | Individual Lawsuits

Top 5 Mesh victim myths and misconceptions - Hernia Mesh Recall Attorney | Individual Lawsuits | Rhode Island Personal Injury Attorney | Scoop.it
A FDA recall is necessary to file a hernia mesh lawsuit-  This is false. There are currently thousand of hernia mesh lawsuits pending related to purported defective hernia mesh even though the surgical mesh or patch has not been recalled by the FDA. A FDA recall is not a prerequisite to pursue a surgical mesh …
David Slepkow's insight:
  1. A FDA recall is necessary to file a hernia mesh lawsuit-  This is false. There are currently thousand of hernia mesh lawsuits pending related to purported defective hernia mesh even though the surgical mesh or patch has not been recalled by the FDA. A FDA recall is not a prerequisite to pursue a surgical mesh lawsuit. For example, there are currently hundreds of Ethicon Physiomesh lawsuits pending despite the fact that Physiomesh is not subject to and FDA recall. (Physiomesh has been recalled in Canada and other countries. Ethicon, the manufacturer of Physiomesh voluntarily removed Physiomesh from the United States market.) In the case of Physiomesh, a market removal as opposed to a recall is the ultimate distinction without a difference as far as real world implications to mesh victims bare concerned.  However, legally the difference between a recall and market removal could be significant.
  2.  Many hernia mesh medical devices have been recalled-  A recall is not necessary to file a mesh lawsuit. A recall is not required to get a mesh settlement. Most hernia mesh medical devices have not been recalled. In some instances there has been a recall of certain lots of surgical mesh or mesh patches.  For example, Ventralex hernia mesh, which has been subject to hundreds of lawsuits, is not subject to a recall. However, on October 04, 2011 there was a Class 2 Device Recall of Bard Ventralex ST Medium Circle with Strap Hernia Patch pertaining to 96 units. Bard Davol the manufacturer of Ventralex mislabeled the medical device product. “Bard Ventralex ST Medium Circle was packaged in a pre-printed carton identified for a Bard Ventralex ST Large Circle”. FDA
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What you need to know before you file hernia mesh lawsuit 2017

What you need to know before you file hernia mesh lawsuit 2017 | Rhode Island Personal Injury Attorney | Scoop.it
This hernia mesh lawsuit article explains what surgical mesh victims need to know before they file a hernia mesh lawsuit 2017 or 2018.
David Slepkow's insight:

A hernia mesh lawsuit attorney sets forth what you need to know before you file a surgical hernia mesh lawsuit. An informed client will learn what he or she needs to know before filing a surgical mesh lawsuit.

  1. These lawsuits are not class actions- Many hernia mesh victims mistakenly believe that their hernia mesh lawsuit will be part of a class action. Victims can count their blessing that their defective medical device causes of action are not associated with a class action!  Class actions marginalize victims and make tort attorneys very rich. Victims tend to get the short end of the stick. In a class action, victims are not allowed to select their own hernia mesh attorneys and have no real control over the decision process. In a class action, the mesh victim would not get to make the decision whether to settle or proceed to a mesh trial in front of a jury of his or her peers. Several types of mesh claims pending in the United States Federal Courts have been consolidated into Multi District Litigation. An MDL is not a class action. In a surgical mesh MDL, claims are consolidated for pretrial proceedings and each mesh victim gets their own lawyer. These mesh victims can make their own settlement decisions. The following types of hernia mesh lawsuits have been consolidated to an MDL in Federal Courts:

Physiomesh hernia mesh lawsuit attorneys 2018

 

 

 

WHAT YOU NEED TO KNOW BEFORE YOU FILE HERNIA MESH LAWSUIT 2018

1. Hernia mesh lawsuit settlement amounts 2017: It may take years before a hernia mesh victim experiences a sense of justice by way of a hernia mesh judgment after a trial or possibly a lucrative mesh settlement. Some victims never get a sense of justice and closure because they settle for a paltry sum or lose their hernia mesh lawsuit. Get an experienced, high powered hernia mesh lawsuit attorney or a surgical mesh law firm with top mesh lawyers. Top hernia mesh lawsuit attorneys or law firms will increase a hernia patch victim’s chances to get a top dollar mesh settlement. Make sure you carefully read this medical device blog so that you are aware what you need to know before entering into a mesh settlement 2018.

  1. An FDA recall is not necessary: Many victim’s wrongly believe that they cannot file a lawsuit unless their hernia mesh was recalled. In actuality, only a small number of hernia mesh medical devices have been recalled. However, there are many different types of hernia surgical mesh that has been the subject of hernia mesh lawsuits and litigation.
  2. Find the best hernia mesh lawsuit law firm: The best hernia mesh law firm will have numerous experienced and high powered big time attorneys. The surgical mesh law firm will have a support staff and paralegals to handle a high volume of  hernia mesh lawsuits. To be effective, this firm must have extensive experience in mass tort product liability claims Federal Court
  3. Canadian Ethicon Physiomesh victim’s may file an individual lawsuit in The U.S.Certain Canadian citizens, who are victims, may be able to file a lawsuit in the United States.
  4. Research the following questions: Will there be hernia mesh problems years later? Three of the most frequent question  victims ask are: (1) What does a victim need to know for a hernia mesh lawsuit and (2) What is an average settlement for hernia mesh and (3) can there be hernia mesh complications years later?
  5.  Find the best hernia mesh law firm Your surgical mesh lawsuit 2018 is of utmost importance to you. You should retain one of the best mesh law firms in the United States. You should not hire a Ventralex lawyer a few days out of law school.
  • “In 2001, Dutch researchers who surveyed adults who underwent inguinal herniorrhaphy reported that more than 25% of patients experienced pain in their groin one year after surgery and 11% reported pain that was interfering with work or leisure activity (Ann Surg 2001;233:1-7). Ten years later, a German study reported a 16.5% incidence of chronic pain six months after mesh repair (Ann Surg 2011;254:163-168). Nevertheless, a wide range of pain incidence, from 0% to 45%, has been reported in studies, with a broad range of definitions, making it difficult to know the true incidence of chronic pain. Approximately 800,000 inguinal hernia repairs are performed each year in the United States. Since 2000, repairs not using mesh have represented less than 10% of groin hernia repair techniques. If one in 10 patients experience debilitating pain after a mesh hernia repair, millions of patients could be affected worldwide, Dr. Kavic noted in an interview following his presentation.”General Surgery News
  • There can be no relevant or meaningful average hernia mesh settlement for several reasons (a) Many hernia mesh settlements are confidential and not reported (b) Mesh Settlements depend on the facts of the case, the nature of the complications and the amount of medical bills
  • This legal article by a lawyer answers the questions of what victims need to know before filing a hernia mesh lawsuit 2017.

WHAT TYPES OF INFORMATION ARE VICTIMS SEARCHING FOR ONLINE?

  • hernia mesh settlement amounts
  • hernia mesh lawsuit 2018
  • hernia mesh lawsuit statute of limitations
  • hernia mesh lawsuit 2017
  • hernia compensation amounts
  • hernia mesh lawsuit settlement amounts 2017
  • surgical mesh lawsuit settlements
  • know before you file hernia mesh lawsuit
  • average hernia settlement
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Rhode Island pedestrian accident attorney | Slepkow Law - Slepkow Law (Est. 1932)

Rhode Island pedestrian accident attorney | Slepkow Law - Slepkow Law (Est. 1932) | Rhode Island Personal Injury Attorney | Scoop.it
Injured in a pedestrian accident in Rhode Island? CALLRhode Island pedestrian accident attorney, David Slepkow 401-437-1100. RI wrongful death lawyers
David Slepkow's insight:

This pedestrian accident post by a Rhode Island pedestrian accident attorney was authored by David slepkow. City and civic transportation modes  of transportation are described as either being motorized, or non-motorized. Motorized transportation consists of cars, trucks, buses, motorcycles, and the like. Non motorized transportation means are either bicycle use or pedestrian traffic. It is an unfortunate fact that Rhode Island leads the nation in averages for pedestrian fatalities. If you were injured in a pedestrian accident in RI, contact a Providence pedestrian accident lawyer at a top RI injury law firm.

Pedestrian Fatalities in RI

During the ten year period from 2003 to 2013, pedestrian fatalities accounted for 16 percent of the deaths from motorized and non-motorized accidents. During the 2004-2014 decade, pedestrian deaths were seemingly highest among white males. These statistics are being used to create educational materials that will help to reduce pedestrian fatalities and serious injuries.

Rhode Island pedestrian accident attorney

A partnership has been formed between OHS and The Rhode Island Safe Kids Coalition, the Rhode Island Department of Health, and state and local law enforcement agencies, to name a few. These groups hope to reach children and their families with summer camps and local schools and other agencies. The hope is to have the children and their families attend sponsored programs and to increase public awareness of others that share the road with us. The above-mentioned groups, along with the RIDOT, hope to increase transportation safety for bicyclists and pedestrians, and incorporate and promote new transportation policies.

Auto accident in RI

There is also a desire to increase the public awareness of the wide range of road users. Automobiles are not the only ones trying to get from point A to point B. The new COZ project is working to bring about cooperation between local families, social services, health care and public safety organizations. It is important to implement community education and increase public awareness. The project is conducting clinics and individual seat checks, as well as fitting and distributing helmets for bicyclists.

RI pedestrian accident

RI pedestrian accident attorneys

Another RIDOT project is hoping to enforce automobile speed limit laws, as well as those laws that pertain to pedestrians/bicyclists. Grants will fund approximately 10 law enforcement agencies in their patrols that are aimed toward enforcement and education for drivers and residents. Although patrols will continue throughout the year, the main focus will be during summer months and predominantly in the downtown areas. The agencies will also focus on specific areas during the hours of morning and evening commutes.

RIDOT is hoping to increase visibility of pedestrians and bicyclists and to enforce all speed limits. They will also set out speed-activated displays showing a driver’s speed limit, as one method to collect data from speed-related incidents. Law enforcement agencies will also strictly enforce speed limit laws, no exceptions. The goal is to drastically diminish the number of pedestrian fatalities. Hopefully, the group partnerships with RIDOT can help promote transportation safety, and safe behavior.

Pedestrian accidents in Rhode Island, stats

“A total of 133 pedestrians were killed in motor vehicle crashes in Rhode Island from 2004 through 2014, as illustrated in Figure 4.19, and total fatalities involving pedestrians have fluctuated greatly during this time. As shown in Figure 4.20, Rhode Island far exceeds the national percentage for pedestrian fatalities. The majority of pedestrian fatalities are white males between the ages of 45 to 54. However, the largest group of pedestrian fatalities are 75 years old and over, when looking only at age groups, and white people are 77 percent of the pedestrian fatalities between 2003 and 2013. The top communities for pedestrian fatalities from 2003 to 2012 are Providence, Cranston, and Warwick. However, in 2012, three of the top five cities did not have any pedestrian fatalities. State of Rhode Island Highway Safety Plan Federal Fiscal Year 2016 4-56 Office on Highway Safety The total number of crashes and number of serious injuries sustained involving bicyclists decreased between 2006 and 2009, as shown in Figure 4.21. However, between 2009 and 2011, the serious injuries increased from 11 to 33. They have since declined and were at 18 in 2013. In 2009, 2011, and 2014 Rhode Island had zero bicycle fatalities, in 2012, two bicycle fatalities were reported, and in 2013, there were three. As shown in Figure 4.22, Rhode Island was above the national average for bicyclist fatalities in 2010, 2012, and 2013. The majority of bicycle fatalities are white males between the ages of 65 to 74. The top communities for bicycle fatalities from are Providence and Charlestown.” http://www.dot.ri.gov/documents/community/safety/Highway_Safety_Performance_Plan.pdf  State of Rhode Island Highway Safety Plan Federal Fiscal Year 2016 developed and presented by Rhode Island Department of Transportation Office On Highway Safety Two Capitol Hill Providence, RI 02903 date July 1, 2015

Providence pedestrian accident attorneys

If you were injured in a pedestrian accident in Rhode Island and Providence Plantations, it is crucial that you retain a top Rhode Island pedestrian accident attorney. A Rhode Island pedestrian accident attorney who is also a RI car accident lawyer and Providence personal injury lawyer will fight the insurance company to get you the compensation that you deserve.

Rhode Island wrongful death lawyers

In the event that a pedestrian is killed in a fatal pedestrian – vehicle crash than a Rhode Island wrongful death lawyer will be needed to pursue the deadly wreck litigation. Under RI law only the executor of an estate can pursue a wrongful death lawsuit against those liable for a fatal pedestrian accident in RI.

 Source: http://www.dot.ri.gov/documents/community/safety/Highway_Safety_Performance_Plan

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MA Automobile Accident Lawyers

MA Automobile Accident Lawyers | Rhode Island Personal Injury Attorney | Scoop.it
If you have been injured in a car accident in the state of Massachusetts you may be entitled to compensation - Contact an MA Accident Lawyer today at 774-901-2466 for a free case review.
David Slepkow's insight:
Automobile Accident Lawyers

Car accidents result in roughly forty-thousand deaths per year. With the number of vehicles on the road continually rising it may come as a surprise that this statistic is reported so little. Car crashes that are not fatal can result in a number of horrifying and long-term injuries.

Car Accident Injuries

Here’s a brief look at a few of the grim possibilities for someone in a serious accident:

  1. Seat belt injuries: A jarring impact with another vehicle typically causes your seat belt to wrench your torso backwards. This is exactly what a seat belt is designed to do, and while the trade-off is highly favorable, injuries to one’s neck and back are very common during a serious accident. Even if no bones are broken in the process, these injuries are extremely painful and can take months to properly recover from. Seat belt burn is also a common occurrence, especially on areas where the seat belt impacts against bare skin on the neck. These injuries often remain visible for very long periods of time and may never heal completely without plastic surgery if the damage is severe enough. While either of these injuries can be serious the use of a seat belt protects the user from more extreme forms of damage.
  2. Neck injuries, back injuries, and broken bones: Since so many factors play into the impact of two vehicles, the outcomes vary from case to case. Broken collar bones, arms, ribs, vertebrae, and bones in the arms and legs are still very common. Even in situations where actual breaking does not occur, areas can still suffer trauma, and in the case of damage to the back or neck can result in spinal cord injuries. A severed or pinched spinal cord can make it difficult for the victim to perform everyday tasks such as standing or walking, and in many cases the injury is permanent.
  3. Brain/head trauma: The worst outcome of a car accident is an injury to the brain. The most common form of injury to the head during a car accident is known as a closed head injury, which results when the skull suffers a severe impact. Fluids and brain matter are not stationary inside the skull, and a major impact can often cause multiple impacts on a victim’s brain. These impacts can cause capillaries to burst, and direct contact with blood cells is fatal to a person’s brain cells. The result is widespread damage across the cerebral cortex and loss of cognitive and emotional functioning. These injuries are common among people who fail to wear seat belts. Injuries to the brain represent permanent losses of neurological functioning.
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Defects Lawyer – Dangerous Drugs & Defective Products Attorney

Defects Lawyer – Dangerous Drugs & Defective Products Attorney | Rhode Island Personal Injury Attorney | Scoop.it
Defects Lawyer – Dangerous Drugs & Defective Products

Defects Lawyer is a website dedicated to the rights of injured victims that suffer at the hands of corporations making profit with defective consumer products, dangerous drugs and more!

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Defects Lawyer – Dangerous Drugs & Defective Products

Defects Lawyer is a website dedicated to the rights of injured victims that suffer at the hands of corporations making profit with defective consumer products, dangerous drugs and more!

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Hernia mesh migration complications

Hernia mesh migration complications | Rhode Island Personal Injury Attorney | Scoop.it
Hernia mesh migration complications.The mesh becomes dislodged & travels to a different part of the abdomen or another area where it’s not intended to go.
David Slepkow's insight:

When a hernia is repaired by surgery, a piece of surgical mesh is often used to keep the intestine or any other internal organ from protruding through a hole caused by a tear in muscle tissue. In most cases, this surgical mesh stays in place for life and causes no problems. WebMD states that using mesh reduces the risk of hernia recurrence. However, in some cases, the mesh can become dislodged and travel to a different part of the abdomen or another area where it’s not intended to go. This problem is known as hernia mesh migration and can result in serious health complications. A hernia mesh attorney or surgical mesh lawyers can offer helpful guidance and assist with taking legal action if this problem occurs.

hernia mesh complications- mesh migration

What Causes Mesh Migration?

Surgical error sometimes causes hernia mesh to migrate if the surgeon failed to secure the mesh in place properly at the time of surgery. Mesh migration can also occur if the mesh shrinks and becomes dislodged. Certain types of mesh materials that were initially thought to be safe have later been recalled because of their tendencies to move out of place more frequently. Mesh migration may happen shortly after surgery or years later. According to Drugwatch, mesh migration is more common in patients who undergo laparoscopic (minimally invasive) hernia surgery than patients who elect for open repairs.

What Are Some of the Health Problems Associated with Mesh Migration?

When mesh moves out of place, it can interfere with different bodily processes and damage organs. Dislodged mesh has been known to puncture organs and entrap nerves, which often results in severe pain  and sometimes chronic pain and requires prompt medical care. If the mesh is no longer in place to keep an organ from protruding, hernia recurrence will be likely. Hernia mesh migration also sometimes results in intestinal obstructionResearchGate reports that the dislodged mesh can even migrate to the urinary bladder in some rare cases.

Mesh Migration Symptoms

Pain and hernia recurrence are two signs that the mesh may have become dislodged. Blood may also be present in the urine if the mesh migrated to the bladder. Mesh migration can additionally result in constipation and the inability to pass gas when the mesh blocks the intestine.

Mesh Recalls

Nationwide recalls have been issued on certain types of mesh that are at greater risk of migrating and considered unsafe. Surgical mesh made from polypropylene has been recalled because of its tendency to migrate and cause other problems for some patients. As the FDA reports, polypropylene mesh has been especially problematic when counterfeit versions of it have been used. The Bard Composix Kugel Mesh Patch was also recalled because of the complications that it caused.

How a Lawyer Can Help

Anyone who undergoes hernia repair surgery should have the reasonable expectation that the mesh that is used will remain in place and never become dislodged. If mesh migration does happen, a lawyer can help obtain monetary compensation either by filing a hernia mesh lawsuit with a court or coming to a settlement agreement after a mesh lawsuit is filed. This compensation may be applied toward:

Additional Medical Care: The costs for additional medical care can be substantial, and an attorney will work to obtain compensation to cover these expenses. The money awarded may be used to pay for any corrective surgeries or pain management treatments that are needed because of the mesh migration.

Lost Wages:  Mesh complications from hernia mesh migration may necessitate missing a lot of work, and the resulting loss of wages can have devastating financial consequences. To recoup these lost work wages, a hernia mesh law firm will try to convince a judge or reach a settlement out of court to obtain compensation for a client.

Punitive Damages: Punitive damages are sometimes awarded in hernia mesh cases to set a precedent and prevent future instances of this problem happening to other patients. This money is awarded in addition to the compensatory damages and is usually paid by the doctors, mesh manufacturers or their insurance companies.

Additional Legal Assistance

In addition to making every attempt to get compensation for a client, a  mesh lawyer will take the time to analyze the case so that no important detail is missed. Hernia mesh migration cases are handled in a timely manner so that clients can work toward moving past their legal challenges and rebuilding their lives. Any witnesses or experts who can provide valuable testimony may also be requested to give statements that can help sufferers of mesh migration get the compensation that they deserve.

Anyone who has been affected by problems associated with hernia mesh migration should contact a  surgical mesh lawyer as soon as possible so that all legal options can be explored.

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Hernia Mesh - Fatalities and Wrongful Death

Hernia Mesh - Fatalities and Wrongful Death | Rhode Island Personal Injury Attorney | Scoop.it
In the most severe cases, hernia mesh complications may result in fatalities or wrongful death due to mesh migration, bowel obstruction & mesh contraction.
David Slepkow's insight:

When a person requires hernia repair surgery, it is expected they will go through a period of recovery before returning to their everyday lives. Unfortunately, there are instances where a person does not get better after hernia surgery, and instead becomes even more ill. In some instances, the patient may suffer from complications after surgery due to hernia mesh that was improperly installed or was defective. The most common complications are adhesioninfection, pain, recurrence, organ perforation, and bowel obstruction. (1) In the most severe cases, these complications may result in fatalities or wrongful death due to mesh migration and mesh contraction. (2) In these cases, it may be possible to be compensated for this terrible situation through a  hernia mesh lawsuit.

Hernia mesh wrongful death lawsuit

FATAL HERNIA MESH COMPLICATIONS

If a patient needs a hernia surgery at a certain site in their body, it becomes more likely another hernia will occur at that same spot in the future. In order to safeguard against this possibility, surgeons performing hernia surgeries often use hernia mesh (which is similar to a net and is made out of either natural or synthetic materials). Once surgery has been completed, hernia mesh is attached to the area around the site where the hernia had been in order to ensure that the organs remain in place after surgery is completed, and to lower the likelihood another hernia will occur. (3)

Even in a successful surgery using hernia mesh, the patient will experience a period of time during which they are in pain after the surgery. If the surgery was a success, however, their pain will gradually diminish, and they will be able to engage in their normal day-to-day routine again. Unfortunately, some patients will experience worsening symptoms—and even death—after hernia surgery due to complications caused by their hernia mesh.

HERNIA MESH- WRONGFUL DEATH

In some cases, the surgical use of coated hernia mesh, such as Atrium C-Qur and PHYSIOMESH, has resulted in adverse post-operative side effects. Coated hernia mesh may cause an infection at the hernia surgery site, ultimately resulting in a loss of life due to sepsis. (4) If the circumstances demonstrate the reason for the infection was the use of coated hernia mesh (or any other inferior material) used by the manufacturer to construct the hernia mesh, it may be possible to bring a lawsuit against the manufacturer for defective design in the production of the mesh. In cases for defective design of a manufacturer’s product, it may be possible to recover compensation in instances of wrongful death due to complications resulting in death caused by a defectively designed hernia mesh.

However, in other cases of hernia mesh wrongful death, the responsible party is not the manufacturer of the medical product, but the surgeon. In these cases, complications after hernia surgery are not because of the design flaw or defect in the mesh itself, but a mistake or error by the surgeon, especially in instances of laparoscopic surgery. This type of surgery requires the surgeon to have specialized skills and training; unfortunately, if the surgeon performing hernia surgery is not well-trained in laparoscopic surgery, they may not properly implant the hernia mesh, leading to further health complications and even death. (5) If this is similar to your case, a lawsuit against the surgeon may allow you recover compensation to which you may be entitled.

A manufacturer of hernia mesh may also face responsibility for their product resulting in a wrongful death where the doctor and patient had not been properly informed about the nature or risks associated with the medical product. In instances where the surgeon or patient were not fully informed of the nature of the hernia mesh, either party may have made a decision that they would not have made if they all of the details. Should it be demonstrated that the manufacture recklessly or intentionally failed to inform the patient or doctor of this essential information, it may be possible to win a lawsuit against the manufacturer.

HERNIA MESH LAWYERS AND WRONGFUL DEATH MESH LAWS FIRMS

If you are dealing with hernia mesh wrongful death, you deserve to have the compensation to which you are entitled. Contact a wrongful death lawyer your earliest possible convenience and the wrongful death attorney will provide you with a complimentary assessment based on the details you provide. Wrongful death as a result of hernia mesh is a terrible ordeal for anyone to endure, and the responsible parties should provide adequate compensation to those they have wronged. Get in touch today to find out if you have a case.

(1)https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/herniasurgicalmesh/default.htm
(2) https://www.meshmedicaldevicenewsdesk.com/ten-deaths-associated-jj-physiomesh-hernia-mesh/
(3) https://www.webmd.com/digestive-disorders/news/20140219/mesh-for-hernia-repair-reduces-recurrence-study-suggests#1
(4) https://www.meshmedicaldevicenewsdesk.com/ten-deaths-associated-jj-physiomesh-hernia-mesh/
(5) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3015269/

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Victims of Hernia Mesh Organ Perforation Seek Justice

Victims of Hernia Mesh Organ Perforation Seek Justice | Rhode Island Personal Injury Attorney | Scoop.it
One of the more common and serious complications of hernia mesh is organ perforation. Contact a hernia mesh law firm to get justice and compensation.
David Slepkow's insight:

There is a surgical implant used to repair hernias known as hernia mesh. This mesh is designed to help support any tissue that could have been damaged by the formation of a hernia. The surgical mesh implant is placed across a gap created by a hernia and connects the surrounding tissue. Some physicians believe the hernia mesh is better than sutures. There is a high rate of hernia recurrence with sutures. Mesh does decrease the rate of hernias recurring, but it can also result in a number of complications ( hernia mesh failure symptoms) including abdominal  mesh  complications. One of the more common and serious complications is organ perforation.  Organ perforation can result from any other the popular hernia mesh brands. Sadly, it can be one of the hernia mesh problems years later. If you have suffered organ perforation as a result of hernia mesh you may be able to file a hernia mesh lawsuit to get justice and compensation.

Hernia mesh organ perforation complications

ORGAN PERFORATION

This occurs when a hole is created in organs and neighboring tissue. According to the Federal Drug Administration (FDA), an organ perforation is one of the most common complications after hernia mesh surgery. It can result from improper surgical techniques as well as improper placement of the mesh. It’s also possible for hernia mesh to fail. The most common reason for organ perforation is defective mesh. After the surgery, the mesh will move and poke a hole in an internal organ and perforate it. When this happens, it is an injury separate from the initial surgery. The organs most often perforated are the blood vessels, bladder, bowels, and urinary tract.

MEDICAL EMERGENCY

Any time an individual experiences an organ perforation, it’s a medical emergency. It is necessary for this person to get immediate medical care. An organ perforation is a life-threatening condition. The sooner a person gets diagnosed and treated, the better their chances for a full recovery.

COMPLICATIONS

Any type of organ perforation is a very serious situation. Should it not be treated immediately, it could lead to serious complications. When an organ is perforated, it can release various substances into a person’s body. Should a person experience a gastrointestinal perforation, it could result in waste being released into their body. Should these substances not be taken out as fast as possible, they can enter a person’s bloodstream. When this happens, it can cause a person to develop sepsis. This could cause a person’s body going into a state of shock. Their blood pressure will drop as their blood flow weakens. It can result in a person losing limbs to eliminate the spread of sepsis. In extreme cases, sepsis can result in death.

SYMPTOMS

The symptoms of mesh failure can begin shortly after hernia surgery or a few months later and longer. A person who has had hernia surgery should immediately seek medical attention if they experience a severe and sudden pain, vomiting and nausea as well as high fever, chills, infection, low blood pressure, diarrhea, bleeding or hemorrhaging or bruising and more.

DIAGNOSIS AND TREATMENT

Should someone who has had hernia repair surgery experience any of these symptoms, they should get immediate medical attention. They should tell the treating physician about their hernia repair surgery. The physician will then conduct a number of different tests. A person will be given a thorough physical exam and could be given a cystography test, blood work, ultrasound test, urine test, CT scan as well as stool testing and more. Should the testing confirm an organ perforation, the type of necessary treatment will then be determined. This could involve a blood transfusion to replace lost blood, surgery to remove the mesh and repair the hernia. Any type of leaked fluids such as feces or urine will be carefully removed from a person’s body. If blood vessels have been ruptured, a cauterization will be performed to seal them. Antibiotics will be administered to deal with any type of infection and more.

OUTLOOK

The recovery period will depend on a number of different factors involved in a victim’s situation. This includes the size of the perforation as well as the amount of time prior to getting it treated. The chances of a full recovery increase significantly with the condition is diagnosed and treated early. There are other factors that could influence a person’s recovery including advanced age, smoking, drug or alcohol abuse as well as other medical conditions like liver or kidney problems, heart disease, being actively treated for cancer and more.

SYMPTOMS OF HERNIA MESH REJECTION

Hernia mesh complications symptoms  as well as hernia mesh failure symptoms are serious matters. Many victims seek information about the following question: what are the symptoms of hernia mesh rejection?

Anyone who has had hernia repair surgery and then had to be treated for an organ perforation will have experienced something that should not have happened. All individuals have a right to expect to have surgery and to recover from it without the procedure causing them additional life-threatening complications. Victims of this have experience damage. They should speak with an attorney. Manufacturers of mesh products found to be defective have been forced to pay victims compensatory damages. An attorney will know how to protect a victim’s rights and get them fair compensation for all the damages they experienced.

REFERENCES

https://www.ncbi.nlm.nih.gov/pubmed/27750295#

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Understanding Hernia Mesh Migration & Mesh Adhesion Complications

Understanding Hernia Mesh Migration & Mesh Adhesion Complications | Rhode Island Personal Injury Attorney | Scoop.it
Surgical mesh is a woven material that looks much like a large celled fabric, made of various types of plastic or natural fibers. Such mesh is used to repair a number of problems in the abdominal region, including organ prolapse (organs, such as the bladder, slipping down into unfavorable positions) and hernia (when an organ, …
David Slepkow's insight:
Surgical mesh is a woven material that looks much like a large celled fabric, made of various types of plastic or natural fibers. Such mesh is used to repair a number of problems in the abdominal region, including organ prolapse (organs, such as the bladder, slipping down into unfavorable positions) and hernia (when an organ, often the intestines, pushes through the wall of the cavity that contains it, often the abdominal muscle wall). These meshes can be dissolving, where the body heals the spot and over the course of time the mesh itself dissolves and is reabsorbed by the body, or they can be permanent, the intention being that scar tissues will grow over the mesh, and the repair will become a permanent part of the body.

 

Hernia surgery adhesion complications | hernia mesh migration symptoms​

 

REPAIRING A HERNIA

One of the most common uses of surgical mesh is to repair incisional hernias – when the muscles of the abdominal wall tear because they have been subject to multiple surgeries, allowing the intestines to push through (Gandhi et al, 2011); in fact, as many as 15% of abdominal surgeries eventually lead to an incisional hernia (Gandhi et al, 2011).

Such hernias can cause pain but are also dangerous because they can lead to complications including strangulation or tearing of the intestine itself. Hernia repair surgeries can be open (a large incision) or laparoscopic (multiples small incisions to allow the use of small tools and a camera). Mesh is used to strengthen the abdominal wall, rather than simply pulling at the intestines with stitches; hernias repaired with mesh represent 90% of hernia surgeries and have a lower hernia recurrence rate than repairs without mesh (FDA, 2018). In addition, the popularity of less invasive laparoscopic surgery has made mesh repairs more common.

Despite their popularity, there are possible complications with mesh repairs. Postoperative complications from both mesh and non-mesh repair includes (FDA, 2018), “pain, infection, hernia recurrence, scar-like tissue that sticks tissues together (adhesion), blockage of the large or small intestine (obstruction), bleeding, abnormal connection between organs, vessels, or intestines (fistula), fluid build-up at the surgical site (seroma [or hematoma]), and a hole in neighboring tissues or organs (perforation).”

Most of these complications happen within hours, days, or weeks of the surgery (Gandhi et al, 2011). But there are also complications that can happen months, years, and perhaps even decades later, including mesh migration and mesh related adhesions (Gandhi et al, 2011).

HERNIA MESH MIGRATION

There are few openly documented cases of mesh migration in published literature, until one medical team encountered a woman who, after two abdominal surgeries, developed an incisional hernia (Gandhi et al, 2011) and later migration. The hernia was repaired through an open surgery, with polypropylene mesh. While this type of mesh has been known to cause complications, including “hematoma and seroma, foreign body reaction, organ injury, infection, mesh rejection, and fistula”, it was commonly used because it encourages the body to make a lot of scar tissue, naturally closing the hernia (Gandhi et al, 2011).

In the case of this woman, all went well, and she had no problems until eight years later, when she began experiencing abdominal pain. Ten years after the hernia surgery, the pain became so intense that it sent her to the emergency room (Gandhi et al, 2011). There, tests revealed that her surgical mesh had migrated (moved) to the cecum, a pouch at the juncture of the small intestine and the large intestine. This was the first mesh migration into the cecum after an open hernia repair ever recorded in the literature (Gandhi et al, 2011). Surgical removal, at the time, was deemed too dangerous, and the patient was sent home to be watched and simply live with the pain.

MESH RELATED ADHESIONS

Adhesions are the formation of connective scar tissue that adhere one organ to another, for instance, as scar tissue forms around the mesh on the abdominal wall, it might adhere to the intestines and begin to grow around it. This can cause immobility in the intestines, blockages, pain and more.

One 2016 study looked at 124 patients who had mesh hernia repair (Langbach et al, 2016). Using an MRI, they found that 20-50% of the patients experienced mesh shrinkage (another possible complication), while a full 60% had adhesions between the abdominal wall and the bowel. According to the study, most of these patients had no bleeding, pain or any symptoms of adhesions, with only 5% reporting pain during normal activities and 13% reporting pain during moderate activity. Surprisingly, reports of pain were actually lower in those who did have adhesions; no reason was given for why this might be true. It is important to note that adhesions can lead to serious bowel obstruction issues, so it is imperative that those who have had mesh repair pay attention to any abdominal symptoms.

KNOW YOUR BODY

Incisional hernias are quite common and using mesh in repair is known to minimize the chance of recurrence (Gandhi et al, 2011). Most hernia surgeons will tell you that mesh is your only viable option and will minimize the possibility of complications. However, complications – such as mesh migration and adhesions – do happen. And when they do, they can be painful, dangerous, and even life altering.

Only you know your body. If you have had hernia repair surgery that used mesh, and you have pain, bleeding, excessive gas or inability to pass gas, tenderness, or other symptoms, seek medical treatment immediately. Be sure to tell them about your past surgery and ensure that they check for complications due to your hernia mesh. Document your pain, document your doctor’s visits, and consider consulting with a  hernia mesh lawyer.

 HERNIA MESH ADHESION

  • hernia mesh adhesions symptoms
  • adhesions after umbilical hernia repair
  • abdominal adhesions symptoms
  • adhesions after inguinal hernia surgery
  • inguinal hernia repair adhesions
  • abdominal adhesions pain relief
  • what do abdominal adhesions feel like
  • abdominal adhesions pictures

HERNIA MESH MIGRATION

“If hernia mesh detaches after surgery, there is a risk it can migrate through the abdomen.It can lead to adhesions, fistulas, abscesses and bowel obstruction or perforation.COMPLICATION REPORTED TO THE FDAAn Ethicon Physiomesh implant detached and migrated. It attached to the patient’s intestine and the skin. Doctors had to remove the mesh and part of the patient’s intestine. Detachment is more likely to happen in laparoscopic (minimally invasive) hernia surgery techniques. Migration may result in excess pain, or it may be symptom-free until it causes more severe damage.” https://www.drugwatch.com/hernia-mesh/complications/

HERNIA MESH REFERENCES

FDA (2018). Hernia surgical mesh implants. Retrieved from, https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/herniasurgicalmesh/default.htm

Gandhi, D., Marcin, S., Xin, Z., Asha, B., Kaswala, D. and Zamir, B. (2011). Chronic abdominal pain secondary to mesh erosion in cecum following incisional hernia repair: a case report and literature review. Annals of Gastroenterology, v24(i4), pp.321-324. Retrieved from, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3959323/

Langbach, O., Holmedal, S.H., Gradal, O.J., and Rokke, O. (2016). Adhesions to mesh after ventral hernia mesh repair are detected by MRI but are not a cause of long term chronic abdominal pain. Gastroenterology Research and Practice, v2016. Retrieved from, https://www.hindawi.com/journals/grp/2016/2631598/

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Multidistrict Litigation in Federal Courts | Hernia mesh & beyond

Multidistrict Litigation in Federal Courts | Hernia mesh & beyond | Rhode Island Personal Injury Attorney | Scoop.it
This legal article by a hernia mesh attorney answers many important question about hernia mesh multidistrict litigation. Many people are researching hernia mesh class actions. Others fear that their case will become part of a hernia mesh class action. However, most victims do not realize that there has never been a hernia mesh class action in …
David Slepkow's insight:
This legal article by a hernia mesh attorney answers many important question about hernia mesh multidistrict litigation. Many people are researching hernia mesh class actions. Others fear that their case will become part of a hernia mesh class action. However, most victims do not realize that there has never been a hernia mesh class action in the United States.
 
Many people get confused between multidistrict litigation and class action lawsuits. This article clarifies what exactly is Multidistrict Litigation. There are currently two multidistrict litigations pending in United States Federal Court: 1) The Atrium C-Qur MDL in New Hampshire and 2) the Physiomesh hernia mesh MDL in the Northern District of Georgia. There is also a proposed MDL for all Bard / Davol cases pending in Federal Courts. (Please note that many Bard Davol hernia mesh cases are being consolidated in RI State Courts. This State Court proceeding is not an MDL because an MDL is a Federal Court statutorily created vehicle)

WHAT IS MULTIDISTRICT LITIGATION?

28 U.S.C. § 1407defines Multidistrict litigation: “When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded.”28 U.S.C. § 1407, http://www.jpml.uscourts.gov/sites/jpml/files/28_usc_1407.pdf , 28 U.S.C. § 2112

COMPLETE LIST OF ALL ACTIVE, CLOSED AND PROPOSED HERNIA MESH MULTIDISTRICT LITIGATION:

 

WHAT IS THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION?

The United States Judicial Panel on Multidistrict Litigation, widely known in legal circles as the “MDL Panel” was established by a congressional act in 1968. The statute that created the panel is 28 U.S.C. §1407. “The job of the Panel is to (1) determine whether civil actions pending in different federal districts involve one or more common questions of fact such that the actions should be transferred to one federal district for coordinated or consolidated pretrial proceedings; and (2) select the judge or judges and court assigned to conduct such proceedings.” http://www.jpml.uscourts.gov/overview-panel-0

THE CENTRAL PURPOSE OF THE TRANSFER OF THE LAWSUITS IS THE CONCEPT OF CENTRALIZATION. THE RATIONALE FOR CENTRALIZATION IS:

  • steer clear of duplicative discovery
  • end variable and inconsistent pretrial decisions, orders and rulings
  • conservation of judicial resources
  • Conservation of litigant resources

The case is sent to the new court for pretrial proceedings such as motions, settlement negotiations and discovery. If the hernia mesh lawsuit cannot be settled or is not dismissed then the case is sent back to the original federal Court for a trial.”Transferred actions not terminated in the transferee district are remanded to their originating transferor districts by the Panel at or before the conclusion of centralized pretrial proceedings.” http://www.jpml.uscourts.gov/overview-panel-0

A small amount of mesh lawsuits are not transferred back to the original Court for trial because those lawsuits are designated as bellwether trials. Please review this surgical mesh lawsuit article for a detailed description of bellwether trials.

WHERE IS THE LOCATION OF THE PANEL AND HOW TO CONTACT

They are located at Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE Room G-255, North Lobby Washington, DC 20544-0005. Clerk’s Office:  202-502-2800 Jeffery N. Lüthi Clerk of the Panel (202) 502-2888 (Fax)

HERE IS THE CURRENT JUDICIAL ROSTER:

The JPML features seven distinguished Federal Court Judges. These distinguished jurists are selected to be on the Panel by the Chief Justice of the United States. The laws indicates that two federal court judges from the same circuit may not be on the panel together.

  •  Judge Sarah S. Vance  (chair), the Eastern District of Louisiana.
  •  Marjorie O. Rendell (C.A. Third Circuit),
  • Charles R. Breyer (N.D. California),
  • Lewis A. Kaplan (S.D. New York),
  • Ellen Segal Huvelle (D. District of Columbia),
  • R. David Proctor (N.D. Alabama),
  • Catherine D. Perry (E.D. Missouri).

WHAT DOES THE JPML DO?

The Judicial panel on Multidistrict Litigation (JPML), determines if hernia mesh lawsuits and other lawsuits should be consolidated into an MDL. The high powered panel also decides where the concerned cases should be transferred, appropriately. Furthermore, it enhances active processing of cases involving a large number of lawsuits in distinct federal courts amounting to dozens, hundreds or perhaps thousands of cases.The transferor is a court that sends claims subject to multidistrict litigation to another court, the transferee, for discovery and pre-trial proceedings. The cases must be sent back to the transferor court for a trial on the merits. All litigants in an MDL have the right to their own attorney.

WHAT ARE THE RULES AND ORDERS FOR THE JPML?

TYPES OF CASES TYPICALLY CONSOLIDATED INTO MULTIDISTRICT LITIGATION:

  • Airplane collisions
  • train crashes
  • mass torts
  • motel and hotel fires
  • asbestos claims
  • drug litigation
  • security breaches involving data
  • hernia mesh lawsuits
  • securities fraud

WHAT IS A BELLWEATHER TRIAL AND WHY IS IT IMPORTANT?

“Bellwether trials may provide useful information to the parties regarding the likely outcome of other cases at trial, such as: (a) how well or poorly the parties’ fact and expert witnesses perform in a trial setting; and (b) decisions on key legal issues and the admissibility of key evidence. As recognized by the Manual for Complex Litigation, the purpose of bellwether trials is to “produce a sufficient number of representative verdicts” to “enable the parties and the court to determine the nature and strength of the claims, whether they can be fairly developed and litigated on a group basis, and what range of values the cases may have if resolution is attempted on a group basis.”1 As such, the bellwether process will be valuable only if the cases selected for trial are truly representative of the whole (or of one or more distinct categories of cases that comprise the whole).”   Duke Judicial Studies

“Bellwether” or test cases focused upon individual claims can be an important casemanagement tool in an MDL proceeding involving numerous individual claims. As one judge noted, a bellwether is the first sheep ─ and that is the role we should keep in mind in thinking through bellwether cases. How well or poorly would these facts work before a jury? How good are the experts? Is the key evidence admissible? These types of questions will drive the outcomes in motion practice and trial ─ and in the shadow of those expectations, the settlement values reached if settlement is to occur. It is important for the parties and court to know how the cases will fare. Id 

“But that also means obtaining a sufficient number of outcomes to provide guidance, given the variety of fact patterns, claims, and defenses anticipated. In asbestos, the first ten verdicts were for the defense; but that was not indicative of the overall trend of the litigation. The case management plan should provide for a sufficient number of cases that early outliers (in either direction) can be identified as such, and the true path of litigation discerned to the maximum extent possible.”   https://judicialstudies.duke.edu/sites/default/files/centers/judicialstudies/panel_5-bellwether_trials.pdf“1 MCL § 22.315 (2004); see also In re Hydroxycut Mktg. & Sales Practices Litig., No. 09-md-2087 BTM(KSC), 2012 U.S. Dist. LEXIS 118980, at *56 (S.D. Cal. Aug. 21, 2012) (“The bellwether cases should be representative cases that will best produce information regarding value ascertainment for settlement purposes or to answer causation or liability issues common to the universe of plaintiffs.”) Only when a “representative . . . range of cases” is selected may “individual trials . . . produce reliable information about other mass tort cases.” MCL § 22.315; In re Yasmin & Yaz (Drospirenone) Mktg., Sales Practices & Prods. Liab. Litig., MDL No. 2100, 2010 U.S. Dist. LEXIS 108107, at *4, *6-7 (S.D. Ill. Oct. 8, 2010) (it is “critical to a successful bellwether plan that an honest representative sampling of cases be achieved” because “[l]ittle credibility will be attached to this process, and it will be a waste of everyone’s time and resources, if cases are selected which do not accurately reflect the run-of-the-mill case”); Eldon E. Fallon, et al., Bellwether Trials In Multidistrict Litigation, 82 Tul. L. Rev. 2323, 2343 (2008). (“the trial selection process should . . . illustrate the likelihood of success and measure of damages of all cases in the litigation and [a]ny trial-selection process that strays from this path will likely resolve only a few independent cases and have a limited global impact”). Id.

THE KUGEL PATCH BELLWETHER TRIALS

In the Kugel Mesh Hernia Repair Patch Multidistrict litigation (now closed), the  Federal Court set up a series of bellwether trials. Here are the results of the two hernia mesh bellwether trials which actually occurred: 

1st Bellwether Trial:  The first Kugel Patch MDL trial Ended with a defense verdict. Hernia mesh attorneys representing the victim lost the first hernia mesh belllwether trial. “PROVIDENCE, R.I. — (Mealey’s) The first bellwether trial involving the Kugel surgical mesh patch ended in a defense verdict on April 14 when a Rhode Island federal jury found that the plaintiff had not proven that his injuries were directly caused by or contributed to by negligent design of the device (In Re:  Kugel Mesh Hernia Patch Litigation, MDL Docket No. 1842, No. 07-1842; John Whitfield v. Davol, Inc., et al., No. 07-1918, D. R.I.). A nine-member jury in the U.S. District Court for the District of Rhode Island, where the Kugel mesh hernia patch multidistrict litigation was centralized, found that plaintiff John Whitfield did not prove that the CK (Composix Kugel) patch was defectively designed or inadequately labeled or that defendants C.R. Bard Inc. and subsidiary Davol Inc. were negligent in labeling the device. Lexis Nexis  

2nd Bellweather trial:  Hernia mesh attorneys win 1.5 million verdict! “PROVIDENCE, R.I. – (Mealey’s) The second Kugel surgical patch bellwether trial went to the plaintiff Aug. 23 when a Rhode Island federal court jury awarded $1.5 million to a man who claims that the device caused him internal injuries (In Re:  Kugel Mesh Hernia Patch Litigation, MDL Docket No. 1842, No. 07-1842, Christopher Thorpe v. C.R. Bard, Inc., et al., No. 08-463, D. R.I.).” Plaintiff Awarded $1.5 Million In Second Bellwether Trial In Kugel Hernia Patch MDLA jury in the U.S. District Court for the District of Rhode Island, where the Kugel multidistrict litigation is centralized, found that manufacturing defendants Davol Inc. and C.R. Bard Inc. inadequately designed the Kugel patch and failed to warn plaintiff Christopher Thorpe or his doctor that the device could fail.  The jury awarded Thorpe $1.3 million and his wife, Laure Thorpe, $200,000 for loss of consortium. “” https://www.aboutlawsuits.com/settlements-kugel-hernia-mesh-problems-19474/  https://www.lexisnexis.com/legalnewsroom/litigation/b/litigation-blog/archive/2010/08/23/plaintiff-awarded-1-5-million-in-second-bellwether-trial-in-kugel-hernia-patch-mdl.aspx?Redirected=true

HISTORY OF MDL

The first large-scale complex case to engulf the federal judiciary was an antitrust case. There was an enormous antitrust scandal in the early 1960s in the United States electrical equipment industry. Litigants and lawyers filed 1912 separate lawsuits. As a result, there was  25,714 claims related to 20 products. These lawsuits were filed in 36 distinct and different federal judicial districts. In January 1962, a  co-coordinating committee for multi litigation for the United States districts courts was chosen by Earl Warren, the then chief justice. Alfred P. Murrah, who by then was the chief judge of the tenth circuit, was the chair of the committee. National depositions and document depositories were among the ad hoc procedures that the committee took as emerging issues and acted upon them.

Through careful management of the cases, termination of the electrical equipment litigation was possible by March 1967. During their working, the committee was able to acknowledge that complex similar litigation cases were becoming rampant. Federal courts were mostly affected by this. To curb the issue, in March 1964 they proposed the enactment of formal statutory foundation to solve the matter. As a result, the action led to the passage of the multidistrict litigation statute. Formation of JPML also followed as a permanent substitute for the committee.

One contradicting aspect of the multidistrict litigation statute is that it does not give the transferee court any discretion as to whether the lawsuits will be remanded for trial back to the transferee court. This is the case, even if both Courts (transferee and transferor) desire to keep the case for a trial at the transferee court. Familiarization of the issues is, however, attained by the transferee Court by the time the case reaches the trial stage. This includes their parties and hernia mesh attorneys.

As a result, the transferor court must be regularly updating itself with the happenings of the facts at the multidistrict litigation. This led  the judiciary panel on multidistrict litigation to create a court rule. The law allowed the transferee to conduct a trial itself if it wished to do so. This rule was later abolished by the United States Supreme Court in 1998. It claimed that the plain language of the MDL had to have remand back for trial at the transferor. The amendment of the MDL statute by the Congress has not yet been done to resolve the matter.

ADVANTAGES OF AN MDL

Some of the advantages of an MDL include efficiency and cost-effectiveness. Litigating hernia mesh lawsuits in a single court ruling means the the defendant and victims can expect more consistency. If a multidistrict litigation claim is not solved, it is sent back for a trial. Also, an MDL saves time generally associated with regular litigation. Cases filed and procedures followed in an MDL saves time as opposed to each lawsuit being determined separably.

Cost-effectiveness is  an essential element of a MDL. A MDL levels the playing field so individual victims can get their day in Court. Some hernia mesh lawsuits are too expensive for individual victims to take on large billion dollar institutions.

One contradicting aspect of the multidistrict litigation statute is that it does not give the  court any discretion as to the decision whether or not to remand the mesh lawsuit for trial. This is despite both courts desiring to keep the case for a retrial at the MDL Court. Familiarization of the issues is attained by the MDL Court by the time the hernia mesh lawsuit reaches the trial stage. This led to the judiciary panel on multidistrict litigation to create a court rule. The rule allowed the MDL Court to conduct a trial itself if it wished to do so. This rule was later abolished by the United States Supreme Court in 1998.

References
https://www.levinsimes.com/wp-content/uploads/2016/01/Abrams_Multidistrict-Litigation-consolidation_Pros-and-cons_Plaintiff-magazine.pdf
http://www.rotlaw.com/legal-library/what-is-multidistrict-litigation/

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Ventrio Hernia mesh lawsuit law firm | Ventrio mesh settlement 2018?

Ventrio Hernia mesh lawsuit law firm | Ventrio mesh settlement 2018? | Rhode Island Personal Injury Attorney | Scoop.it
If you have suffered an injury or pain and suffering as a result of Ventrio hernia mesh, you should consider filing a Ventrio surgical mesh lawsuit. A Ventrio hernia mesh lawsuit will pave the way top a potential Ventrio hernia mesh settlement 2018. Bard / Davol Ventrio ST Mesh Lawsuits Surgical mesh is a screen-like …
David Slepkow's insight:

f you have suffered an injury or pain and suffering as a result of Ventrio hernia mesh, you should consider filing a Ventrio surgical mesh lawsuit. A Ventrio hernia mesh lawsuit will pave the way top a potential Ventrio hernia mesh settlement 2018.

BARD / DAVOL VENTRIO ST MESH LAWSUITS

Surgical mesh is a screen-like medical device that reinforces bone or tissue. Surgical mesh has been used in tens of thousands of surgeries in the United States for everything from pelvic organ prolapse to hernia repair. Mesh has been used to treat hernias alone since the 1950s, according to the FDA. This mesh is designed to be permanently implanted to reinforce a weakened abdominal wall. Many complications have been reported with recalled surgical mesh products that have since been recalled from the market.

C.R. Bard, Inc. is one of several manufacturers facing hernia mesh lawsuits alleging it failed to warn patients and physicians about the risks from its hernia mesh hernia patches. If you were injured after hernia repair with Bard Ventrio ST mesh, you may have a claim for damages.It is not necessary that your hernia mesh be recalled or subject to a recall in order to file a hernia mesh lawsuit

HERNIAS AND SURGICAL REPAIR | VENTRIO HERNIA MESH LAWSUIT

A hernia happens when fatty tissue, an organ, or intestine prolapses through a weak spot or hole in surrounding connective tissue or muscle. Hernias may look like an external bulge when straining. Hernias can occur in many areas of the body:

  • Inguinal in the inner groin
  • Umbilical at the belly button
  • Femoral at the upper thigh
  • Ventral in the general abdominal wall
  • Incisional through an incision in the abdomen
  • Hiatal inside the abdomen at the upper stomach

Every year, more than 1 million hernia repair surgeries are performed every year in the United States. Open repair is sometimes performed but most repairs are done laparoscopically through a small incision. Because hernias have a high rate of recurrence, hernia mesh is often used to reinforce the weak area.

WHAT IS VENTRIO ST MESH?

The Ventrio ST patch is surgical mesh designed to reinforce weakened tissue that allows an organ to bulge and cause a hernia. This patch is manufactured by Davol Inc., a subsidiary of Bard, Inc. The Ventrio ST patch is an oval-shaped patch made from polypropylene mesh with woven monofilament fibers. The patch is used to laparoscopically repair hernias in multiple locations in the body.

The Ventrio ST is one of several mesh products Davol produces uses its Sepra technology, a hydrogel barrier on one side of the mesh that is designed to reduce tissue attachment to the mesh for protection while the body heals. Initially, after the mesh is placed, the hydrogel barrier swells but is reabsorbed within 30 days.

Many victims are seeking the best hernia mesh laws firms to file a Ventrio hernia mesh lawsuit. Victims hope that their Ventrio mesh lawsuit will result in a Ventrio settlement 2018 or a Ventrio hernia mesh settlement 2019.

FDA 501(K) PATHWAY AND BARD MESH | VENTRIO MESH LAWSUIT

Hernia mesh products produced by Bard are Class II devices which indicate they have more than a minimal potential for harm and are “substantially equivalent” to a device previously approved by the FDA in characteristics and intended use. This means Bard surgical mesh intended for hernia repair did not go through an extensive FDA approval process necessary for Class III devices. Instead, the surgical mesh went through a shorter Premarket Notification Program.

To begin marketing a Class II device, Bard had to demonstrate that its mesh was at least as safe and effective and mostly equivalent to similar devices the FDA approved in the past. This streamlined 501(k) process does not require that the manufacturer prove the product is safe for its intended use.

Post-approval, the FDA has advised consumers that adverse events are possible as a result of using hernia surgical mesh products after receiving many complaints about hernia mesh. The most common adverse events include hernia recurrence, adhesion, infection, pain, and bowel obstruction.

VENTRIO ST MESH INJURIES

Bard has faced many lawsuits alleging its hernia repair mesh is defective and unreasonably dangerous. One lawsuit filed by a Tennessee woman alleges she was implanted with Bard mesh months before a recall over a risk that authentic product was mixed with counterfeit product. After her surgery, she suffered injuries and deformity that included infection, hernia recurrence, pain, adhesion, bowel perforation, and obstruction. She also had to undergo several surgeries to find and remove the recalled Bard mesh and repair the tissue.

Many people who have undergone hernia repair surgery using a Bard Ventrio ST patch have experienced complications that have led to additional treatment, pain, and sometimes additional surgery. The most common injuries associated with Bard Ventrio ST mesh include the following.

PAIN

A common complication of Ventrio ST hernia mesh is postoperative pain. For some people, this develops into chronic and debilitating pain that interferes with daily activities.

INFECTION

Many people have suffered an infection after having a Bard hernia mesh implanted. Sometimes antibiotics are enough to clear up the infection but sometimes infection is severe enough that it requires additional surgery.

ADHESION

An adhesion is thick scar tissue that sticks to organs and may cause pain and the need for corrective surgery.

MESH SHRINKAGE

Ventrio ST mesh is made from polypropylene, a type of plastic that tends to shrink or contract over time. When the mesh shrinks, it can become detached from the underlying tissue and cause a hernia recurrence, mesh migration, or other serious complications.

MESH BREAKAGE

Sometimes the Bard hernia mesh breaks, particularly near the edges, which can cause a hernia recurrence and other complications.

MESH EROSION

Erosion happens when the polypropylene breaks down through surrounding tissue. Erosion can be very painful and lead to perforation of organs, infection, and corrective surgery.

MESH MIGRATION

Many patients have experienced mesh migration with the Ventrio ST patch. This happens when the mesh migrates out of position or to another area of the body. This can lead to hernia recurrence, perforation of organs, erosion, and other serious complications that require surgical intervention.

BARD MESH SETTLEMENTS | VENTRIO SETTLEMENT 2018?

Bard has settled thousands of lawsuits in the last decade related to its mesh failures. In 2015, Bard settled 2,970 lawsuits related to hernia mesh based on a claim filed by a woman who was implanted with the company’s transvaginal mesh product. The mesh allegedly did not provide relief but instead caused bleeding, infection, pain, and the need for several corrective surgeries. This case resulted in a final settlement of $119 million.

Bard paid out a settlement of $200 million in the same year to settle 3,000 claims with each plaintiff receiving about $67,000 due to complications from hernia mesh surgery. An earlier settlement came in a 2011 case in which Bard settled 2,600 cases in Rhode Island for $184 million.

References:
https://www.fda.gov/downloads/medicaldevices/safety/alertsandnotices/ucm262760.pdf
https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/DeviceApprovalsandClearances/510kClearances/
https://my.clevelandclinic.org/health/articles/16298-surgical-mesh-use-and-complications-in-women
https://www.aboutlawsuits.com/monofilament-mesh-lawsuit-127916/

 
 

 

ALL RIGHTS RESERVED © 2018 · HERNIA MESH ATTORNEY · E&OE

ATTORNEY DAVID SLEPKOW AT SLEPKOW SLEPKOW & ASSOCIATES INC., ESTABLISHED IN 1932, IS RESPONSIBLE FOR THE CONTENT OF THIS WEBSITE. SS &A’ S PRINCIPAL OFFICE IS LOCATED AT: 1481 WAMPANOAG TRAIL EAST PROVIDENCE RI. CLIENTS WILL BE NOT ACCEPTED IN THOSE STATES IN WHICH STATE BAR RULES DO NOT ALLOW. DAVID IS LICENSED TO PRACTICE LAW IN RHODE ISLAND AND PROVIDENCE PLANTATIONS, THE COMMONWEALTH OF MASSACHUSETTS AND THE UNITED STATES SUPREME COURT. DAVID SLEPKOW WAS A LONGTIME MEMBER OF THE FEDERAL COURT FIRST CIRCUIT DISTRICT OF RI. THE HIRING OF AN LICENSED ATTORNEY IS A VERY CRUCIAL DECISION FOR A CLIENT. THIS IMPORTANT DECISION SHOULD NOT BE SOLELY MADE BASED ON ADVERTISING OR ON A WEBSITE. THIS WEBSITE IS NOT INTENDED TO BE AN ADVERTISEMENT OR SOLICITATION. INFORMATION, ARTICLES, CONTENT AND OPINIONS ON THIS WEBSITE AND BLOG IS FOR GENERAL INFORMATION ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE OR SOLICITATION OF LEGAL SERVICES. INFORMATION FROM THIS SITE OR IT’S TRANSMISSION IS NOT INTENDED TO CREATE AN ATTORNEY CLIENT RELATIONSHIP. THE RECEIPT OF SUCH HERNIA MESH INFORMATION DOES NOT CONSTITUTE, AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN SLEPKOW SLEPKOW & ASSOCIATES INC. AND THE READER OR VISITOR. IN THE EVENT THAT ANY INFORMATION ON THIS WEBSITE DOES NOT FULLY CONFORM TO REGULATIONS, LAWS OR CASE LAW IN ANY JURISDICTION, THIS LAW FIRM WILL NOT ACCEPT SUCH CLIENTS.. IN CERTAIN STATES THIS HERNIA MESH ATTORNEY BLOG MAY BE DEEMED ATTORNEY ADVERTISING. WE AT SLEPKOW SLEPKOW ASSOCIATE’S INC..HAVE MADE EVERY EFFORT TO COMPLY WITH ALL ADVERTISING LAWS AND RULES. THE RHODE ISLAND SUPREME COURT LICENSES ALL LAWYERS AND ATTORNEYS IN THE GENERAL PRACTICE OF LAW, BUT DOES NOT LICENSE OR CERTIFY ANY LAWYER / ATTORNEY AS AN EXPERT OR SPECIALIST IN ANY FIELD OF PRACTICE. WHILE THIS FIRM MAINTAINS JOINT RESPONSIBILITY, MOST CASES OF THIS TYPE ARE REFERRED TO OTHER ATTORNEYS FOR PRINCIPLE RESPONSIBILITY

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RI personal injury lawyer presents: Car Accident Statistics

RI personal injury lawyer presents: Car Accident Statistics | Rhode Island Personal Injury Attorney | Scoop.it
Rhode Island car accident attorney David Slepkow authors this informative post concerning automobile crash statistics / car accident statistics. If you were injured in an auto wreck in RI, then it is crucial that you retain a top motor vehicle crash lawyer. The best car accident lawyers in Rhode Island will help you get the …
David Slepkow's insight:
RI personal injury lawyer presents: Car Accident Statistics

Rhode Island car accident attorney David Slepkow authors this informative post concerning automobile crash statistics / car accident statistics. If you were injured in an auto wreck in RI, then it is crucial that you retain a top motor vehicle crash lawyer. The best car accident lawyers in Rhode Island will help you get the compensation that you are entitled to for your injuries.

United States Car Accident Statistics

Traveling by car has long been considered synonymous with being in America, and for good reason. This country has a tremendously well-developed network of roads that make it relatively easy to get from place to place with minimum hassle. Unfortunately, car accidents across the United States and in Rhode Island and Providence Plantations  have put a damper on this American reality in recent years. The number of accidents is not going down, and efforts aimed at enhancing safety appear to be making only minor dents in actually reducing the problem, both domestically and around the globe.

Statistics Relative to the United States | Car accident statistics

Within America, it is now a sobering reality that more than 37,000 individuals die in motorway related crashes each and every year. Beyond this, car accidents result in an additional 2.35 million people becoming injured or otherwise disabled annually. Of the individuals that die in car accident every year, roughly 1,600 are children under the age of 15.

Young drivers are disproportionately represented in car accident fatalities. The latest estimates highlight the truth that roughly 8,000 individuals between the ages of 16 and 20 die in car accident crashes. The economic cost is beginning to take a toll as well. Crashes on the road are believe to have a direct economic impact on the United States of over $230billion, which amounts to more than $820 for every person living in the country. It should also be noted that car accidents are the number one cause of death for healthy Americans who are traveling internationally.

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Speeding related fatalities in Rhode Island auto accidents

“..in Rhode Island from 2008 to 2012, 43.7 percent of speeding-related fatalities occurred on roads with a speed limit of 30 mph or below. This percentage was higher than the region percentage (31.5 percent), and both were higher than the nationwide percentage of 12.5 percent. Eighty percent of the speeding-related fatalities in the State occurred on roads with a speed limit less than 50 mph. This percentage was higher than the region (68 percent) and the nation as a whole (47 percent).” Rhode Island Department of Transportation Safety report 2016http://www.dot.ri.gov/documents/community/safety/Highway_Safety_Performance_Plan.pdf

Global Car Accident Statistics

According to the Association for Safe International Road Travel, some 1.3 people around the world die in car accident every year. This amounts to an average of 3,290 deaths occurring every day at the hands of a road crash. Beyond this number, current estimates reveal that some 20 to 50 million more individuals are either injured or disabled every year as a result of car accidents.

Globally, more than half of all reported car accident related fatalities affect young adults between the ages of 15 and 44. In addition, car accidents are actually the 9th leading cause of death around the world, which means that 2.2% of all deaths every year occur as a result of a car accident. Sadly, more than 90% of all car accident related fatalities occur in second and third world countries, where less than half of the vehicles in operation around the globe are located.

If you or a loved one have been involved in a car accident, it might be time to contact a professional and experienced attorney who can help protect and preserve your legal rights.

Source: http://asirt.org/initiatives/informing-road-users/road-safety-facts/road-crash-statistics

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Slip and Fall Lawsuit in RI

Slip and Fall Lawsuit in RI | Rhode Island Personal Injury Attorney | Scoop.it
Injured in a premises liability, slip and fall accident in Rhode Island? CALL Rhode Island slip and fall attorney, David Slepkow 401-437-1100.
David Slepkow's insight:

In Rhode Island, premises liability is an area of law that can hold the owner of a piece of property responsible for an injury that happens to a person while the person is using the property. An owner of a property has the obligation to ensure the safety of the property that he/she knows will be used by the public. When someone is injured because the owner was unaware of a safety hazard that he/she should have known about, the person has the right to file a legal complaint against the owner and be compensated. If you were injured in a slip and fall in RI, contact Slip and fall lawyers in RI.

Under Rhode Island law, what does “premises liability” mean?

Premises liability covers a broad range of accidents including slip and fall accidents, falling debris or merchandise, defects in the sidewalk or road way, asbestos exposure, dog bites, inadequate lighting, inadequate security that allows assaults, hanging hazards, iced entrance ways, electric shock caused by exposed wiring, exposure to lead paint, mesothelioma and carbon monoxide leaks.

RI slip and fall attorneys

Which premises liability cases are most pursued in Rhode Island?

Premises liability cases due to slipping and falling are the most frequent kind of case where legal action and compensation is sought. Slipping and falling are mostly caused by water, fruits, vegetables and other slippery solvents that were not cleaned and picked up in a timely manner.

Where do the most slip and fall accidents occur in Rhode Island?

Driveways, porches, entrance-ways, restaurants, supermarkets, sidewalks and other public areas such as banks and hospitals are where the most slip and fall accidents take place. Premises liability cases are not just limited to corporations, but can include partnerships, trusts and private owners. Even a city, town or state can be held responsible.

Landowners have the responsibility for clearing snow or removing ice as and when it is needed from entrances, driveways and sidewalks of property they own and expect other people to use. When the owner ignores their duties and it results in injury to another person, they can be held accountable.

If I am sure that I slipped and fell due to the negligence of those responsible for the property, who can I hold accountable?

The law, stated by the Supreme Court of Rhode Island, specifies that the landowner has the responsibly of providing a safe environment on the premises of which they expect people to use. Preventing dangerous conditions by exercising reasonable care to discover and deal with any unsafe circumstances in a sensible fashion are the landowner’s duty. It is the responsibility of the plaintiff, the person who had the accident, to prove that the cause of the accident was due to the neglect of the defendant, the landowner.

People who are older and little children are the most likely to slip and fall. Is it difficult, or can they receive compensation for medical bills and the emotional trauma they went through?

Rhode Island law clearly states that any person can receive compensation for any injury that he/she can prove was due to the negligence of the landowner. The law does not differentiate anyone based on age or a pre-existing condition. The property owner has the responsibility to protect the safety of any person who uses the property, despite the person’s age or health.

However, if the person with a pre-existing injury was behaving inappropriately or not paying proper attention to his/her actions, then the incident may include comparative fault. Comparative fault is clarified below.

If children were trespassing or attracted to a dangerous situation, then there are specific laws that have to be considered, and compensation may not be given.

In Rhode Island personal injury law, what is comparative fault?

When a personal injury accident occurs in Rhode Island, comparative fault,also known as comparative negligence, is the doctrine used to determine the percent for which each party involved in the accident is responsible. The jury must determine this fact, and compensation is given accordingly. If the plaintiff is responsible for 99 percent of the injury, then he/she will receive compensation for the remaining one percent.

Contact a personal injury attorney in Rhode Island to decide whether there is any comparative negligence involved in your accident. Slip and fall lawyers in RI will help you get the settlement you are entitled to

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Ventralex hernia mesh lawsuit 2017 | Hernia Mesh settlement 2018

Ventralex hernia mesh lawsuit 2017 | Hernia Mesh settlement 2018 | Rhode Island Personal Injury Attorney | Scoop.it
Suffering complications from a Ventralex Hernia patch manufactured from Bard / Davol? Contact a hernia mesh lawsuit attorney now to discuss legal options.
David Slepkow's insight:

Bard Ventralex Lawsuit. Many victims who were implanted by surgeons with Ventralex Hernia mesh medical devices are now pursuing mesh lawsuits against Bard and Bard’s subsidiary Davol. Ventralex is a patch composed of polyproplene. There is no Ventralex mesh class action or multidistrict litigation nor is there currently a Ventralex mesh recall by the FDA.

It strains credulity to believe that Bard and its subsidiary Davol Inc. continue, to this day, to manufacture and market Ventralex hernia mesh patches. Say it ain’t so Bard / Davol ! Bard is facing hernia mesh lawsuits as a result of its allegedly defective hernia mesh patch medical device, Ventralex. The hernia mesh litigation seeks damages against Bard and of course its subsidiary, Davol Inc. If you are seeking a hernia mesh lawyer to pursue a Ventralex mesh lawsuit contact a top Ventralex mesh law firm

Ventralex hernia patch lawsuit

Hernia Mesh Victims Legal Hotline | Speak with an Attorney Today!

(401) 648-3580

Despite the known dangers of polypropylene mesh and the fact that Bard is facing thousands of lawsuits as a result of different types of polypropylene mesh, Ventralex mesh is still being implanted in victims by surgeons! Ventralex is a polypropylene hernia mesh patch. Not surprisingly, Bard’s transvaginal mesh and bladder sling products also are made using polypropylene mesh. Bard and its subsidiary Davol ignore and overlook the dangers and risks of polypropylene mesh. It is important to note that there is no Ventralex mesh class action nor has there been a Ventralex recall by the FDA. There has also been no widespread or global Ventralex hernia mesh lawsuit settlement. Will there be a hernia mesh recall related to ventralex in 2018? Victims should always be searching to learn about whether there has been a hernia mesh recall of the particular surgical mesh implanted in their body.

VENTRALEX HERNIA PATCH LAWSUIT 2017 AND BARD / DAVOL VENTRALEX HERNIA PATCH LAWSUITS 2018

According to Bard Davol Inc.’s website “The Ventralex™ Hernia Patch is a self-expanding polypropylene and ePTFE patch that allows for an intraabdominal, tension-free repair. This technique is designed to eliminate the lateral dissection typically required for preperitoneal placement, which may help minimize post op pain. Deep placement of the prosthetic also allows for a strong repair and less chance of recurrence.”  Davol company propogandaC.R. BARD, INC. of 100 Sockanossett Crossroad, Cranston Rhode Island submitted an FDA  510(k) Premarket Notification on 05/28/2002.

In 2002, the FDA approved Bard’s application clearing Ventralex to be sold in United States markets. The controversial 510k process utilized by Bard allowed Bard / Davol to fast track Ventralex without human testing.

HERE IS THE APPLICABLE INFORMATION CONCERNING BARD’S VENTRALEX HERNIA PATCH 510K APPLICATION:

Device Classification NameMesh, Surgical, Polymeric510(K) NumberK021736Device NameBARD VENTRALEX HERNIA PATCH, MODELS 0010302, 0010301ApplicantC.R. BARD, INC.100 Sockanossett CrossroadCanston,  RI  02920Applicant ContactBrain A KanervikoCorrespondentC.R. BARD, INC.100 Sockanossett CrossroadCanston,  RI  02920Correspondent ContactBrain A KanervikoRegulation Number878.3300Classification Product CodeFTLDate Received05/28/2002Decision Date07/16/2002DecisionSubstantially Equivalent (SESE)Regulation Medical SpecialtyGeneral & Plastic Surgery510k Review PanelGeneral & Plastic SurgerySummarySummaryTypeTraditionalReviewed By Third PartyNoCombination ProductNoRecallsCDRH Recalls

LIST OF ALL 510(K)APPLICATIONS SUBMITTED BY BARD / DAVOL

FDA 510(k) Applications Submitted by C.R. Bard, Inc.Scholarly articles on mesh:

Retrospective analysis of umbilical, epigastric, and small incisional hernia repair using the Ventralex™ hernia patch.

Can infected composite mesh be salvaged?

Open intraperitoneal mesh repair for umbilical hernias. A technical note.

HAS BARD SETTLED MESH CASES IN THE PAST?

This is not Bards first rodeo, by any means, as far as mesh medical device litigation settlement is concerned.

BARD SETTLES VAGINAL MESH CLAIMS:

“Bard has agreed to settle almost 3,000 vaginal mesh lawsuits filed against the medical device manufacturer by women who claim the transvaginal mesh systems caused them to suffer perforation in their pelvic floor as well as sustaining other damages to the tissue surrounding the mesh. Although one woman won a $2 million vaginal mesh verdict in 2014, it is expected that the majority of plaintiffs represented in these transvaginal mesh lawsuits will take the proposed Bard settlements rather than continue with further litigation.” Top Class actions

BARD SETTLES KUGEL HERNIA MESH CAUSES OF ACTION

““C.R. Bard has reportedly reached an agreement to settle Kugel hernia mesh lawsuits brought by about 2,600 people who experienced severe internal injuries caused by problems with their hernia repair patches, with in an average payout of about $70,000 for each plaintiff. However, the settlement still leaves around 1,000 claims unresolved….” Id. These settlements were negotiated by top hernia mesh product liability attorneys. The Kugel hernia mesh multi district litigation has been dismantled and cases are still pending in State and federal Courts. About lawsuits

see also: A HERNIA MESH MESS | DAVOL / BARD HERNIA MESH TIMELINE & INFO

WILL THERE BE A HERNIA MESH SETTLEMENT 2017 AND MESH SETTLEMENT 2018?

Hernia mesh victims including Bard Ventralex hernia patch victims are desperately searching google for information concerning: “Hernia mesh settlement 2017.” Victims are also searching for information about the following:

We are reviewing the following types of hernia mesh manufactured by Bard and its subsidiary Davol for potential hernia mesh lawsuits:

Bard/ Davol:
 Visilex
 Composix
 Composix EX
 Spermatex
 3D Max
 Sepramesh
 Perfix Plug
 Ventralex
 Kugel
 Composix Kugel
 Ventrio
 Ventrio ST
 Marlex

VICTIMS SEEKING VENTRALEX MESH INFO

Ventralex mesh victims are searching google for the following information about filing a hernia mesh lawsuit:

  • bard ventralex hernia patch recall fda
  • ventralex st mesh recall
  • ventralex mesh recall 2012
  • ventralex mesh lawsuit
  • ventralex recall
  • bard ventralex st hernia patch
  • bard ventralight st mesh
  • bard ventralex hernia patch lawsuit

 

SCIENTIFIC ARTICLES ON VENTRALEX MESH

Sept 2015: Umbilical Hernia Repair: Analysis After 934 Procedures.

Jan 2014: Intraperitoneal Tension-Free Repair of a Small Midline Ventral Abdominal Wall Hernia: Randomized Study with a Mean Follow-up of 3 Years.

Oct 2011: Retrospective Analysis of Umbilical, Epigastric, and Small Incisional Hernia Repair Using the Ventralex Hernia Patch.

Jan 2011: Open Intraperitoneal Versus Retromuscular Mesh Repair for Umbilical Hernias Less Than 3 cm Diameter.

Dec 2010: Can Infected Composite Mesh Be Salvaged? 

Jul 2009: Open Intraperitoneal Mesh Repair for Umbilical Hernias. A Technical Note.

VENTRALEX MESH : BARD HERNIA MESH LAWSUIT

Please contact us to consult with Attorney David Slepkow about a Ventralex hernia mesh lawsuit. We will review your Ventralex hernia mesh claim and help you get started to obtain justice and compensation for your injuries and complications. We do not review cases for class actions. Class actions marginalize victims and do not give them justice or their day in court.  All cases are reviewed by hernia mesh lawyers / attorneys for the suitability of an individual lawsuit utilizing a top hernia mesh attorney. If we cannot help you get justice we will refer you to a top hernia mesh law firm.There is no cost or expense for a consultation. Ventralex hernia patch lawsuit.

 

 
 

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How the best car accident attorneys win big injury settlements

How the best car accident attorneys win big injury settlements | Rhode Island Personal Injury Attorney | Scoop.it
Rhode Island personal injury attorney, David slepkow provides this detailed analysis of the personal injury claims process in Rhode island. This article addresses RI injury law, case screening as well as pertinent issues that RI injury lawyers deal with on a day to day basis.  If you want to get a top dollar settlement for …
David Slepkow's insight:

Rhode Island personal injury attorney, David slepkow provides this detailed analysis of the personal injury claims process in Rhode island. This article addresses RI injury law, case screening as well as pertinent issues that RI injury lawyers deal with on a day to day basis.  If you want to get a top dollar settlement for your motor vehicle injury claims, contact one of the best personal injury attorneys in RI.

Rhode Island personal injury attorney case screening

RI car accident lawyer, David Slepkow

Case screening is perhaps one of the most important functions of a top Rhode Island personal injury attorney. The best personal injury lawyers in Rhode Island will be diligent in their initial client interviews. Some car accident attorneys will have the injured victim fill out a questionnaire. Other East Providence injury attorneys will simply ask all pertinent questions to their prospective injury client. The tort law attorney will seek to get as much information concerning the liability claim as possible.

The  Rhode Island personal injury attorney will request the names and addresses of all eyewitnesses to the accident or crash. The RI lawyer will also want the names and addresses of all doctors, medical providers, surgeons, psychiatrists, chiropractors and physicians. The RI construction accident attorney or pedestrian accident lawyer will seek a very detailed description of the accident as well as the pain and suffering of the victim and medical treatment.

Knowing the injury law in Rhode 

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MA Premises Liability Attorneys

MA Premises Liability Attorneys | Rhode Island Personal Injury Attorney | Scoop.it
Premises Liability in MA & History of accidents on legendary Rollercoaster, “The Comet” It was a “legendary ride” known as ‘the Comet’ located at an amusement park named Lincoln Park on a parcel of real estate in Dartmouth, Massachusetts. The park is in Dartmouth MA which is nestled between the Whaling City of New Bedford, …
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MA Premises Liability Attorneys

Premises Liability in MA & History of accidents on legendary Rollercoaster, “The Comet”

It was a “legendary ride” known as ‘the Comet’ located at an amusement park named Lincoln Park on a parcel of real estate in Dartmouth, Massachusetts. The park is in Dartmouth MA which is nestled between the Whaling City of New Bedford, MA and the great city of Fall River. The park was less than an hour from Boston, Massachusetts.

The roller coaster was so legendary that many people travelled all the way from Boston, Quincy, Worcester and Springfield among other cities and towns to enjoy the thrills and excitement of the ride. Local teens from Somerset, Seekonk, Freetown, Rehoboth and Fairhaven were known to frequent the park.

 

Quotes and some info for this article from The Standard Times South Coast Life, “Calmity on the comet” August 25th 2013. http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20130825/LIFE/308250350

 

Children, teens and adults came to Lincoln Park from all over Massachusetts & Southern New England from 1894 to 1997 to enjoy the legendary amusement park. The park was always best known for the thrilling and amazing comet roller coaster.

Sadly, The Comet had a long history of accidents beginning with a man dying in 1964 during a ride as a result of standing up. The Comets last ride was in 1987 after yet another accident. There was also a serious crash in 64 in which 8 people were injured, some seriously. In 1968, 9 people were injured according to the standard times article. Tragically, another man died from antics while apparently jumping from one car to another. The comet ceased real existence in 1987 after the accident and then the park closed several months later. Id.

What happened at Lincoln Park in 1968?

The 1868 Crash was the most notable of them all. According to the New Bedford Standard Times: “A little after 10 p.m. on that frightful and fateful night 45 years ago, more thrill seekers were eagerly boarding the Comet, not knowing it would quickly turn into the disastrous ride of their lives as the coaster slowly began climbing the first hill with a familiar “clink, clink, clink”.The screams of fear and excitement soon became those of genuine horror when the last car on the four-car roller coaster derailed and flipped to one side, causing another car to land on top of it, hurling passengers to the ground. It was a tragic accident that left nine passengers injured, two seriously, according to a Standard-Times article on July 24, 1968.”Id.

“The scene became chaotic, according to the story. Those unhurt or with minor injuries, began helping the badly injured riders before a fleet of police cars, ambulances and fire trucks from Dartmouth, Westport, New Bedford, Fairhaven and State Police raced down Route 6 to the park, along with Civil Defense units.” Id.

What is the basic negligence law in Massachusetts?

“A property owner owes a common-law duty of reasonable care to all persons lawfully on the premises.” O’Sullivan v. Shaw, 431 Mass. 201, 204 (2000). This duty includes an obligation to `maintain[] his property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.'” Ibid., quoting from Mounsey v. Ellard, 363 Mass. 693, 708 (1973).” Quote from IN SELENA SOEDERBERG v.CONCORD GREENE CONDOMINIUM ASSOCIATION. 76 Mass. App. Ct. 333 (2010) http://scholar.google.com/scholar_case?case=15568001088496113186

What statute pertains to fatal accidents and wrongful death in Massachusetts?

Currently, the Law in Massachusetts concerning wrongful death is: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section2“A person who (1) by his negligence causes the death of a person, or (2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted”

What obligation do property owners in MA owe to visitors to clear snow and ice to prevent slip and falls?

The Court set forth the duty of landowners to make reasonable efforts to protect visitors against snow and ice that they are aware of or should be aware of. The Seminal case concerning slip and fall on ice in Ma is PAPADOPOULOS v. TARGET CORPORATION.

In Papadopoulos, the Massachusetts Supreme Judicial Court reasoned “This introduces no special burden on property owners. If a property owner knows or reasonably should know of a dangerous condition on its property, whether arising from an accumulation of snow or ice, or rust on a railing, or a discarded banana peel, the property owner owes a duty to lawful visitors to make reasonable efforts to protect lawful visitors against the danger.”…”an accumulation of ice or snow upon a common approach to a tenement house may impose upon the landlord a liability for injuries due to it, provided he knew, or in the exercise of a reasonable oversight ought to have known, of the existence of a dangerous condition and failed to exercise reasonable care to provide against injury by reason of it” See PAPADOPOULOS v. TARGET CORPORATION http://caselaw.findlaw.com/ma-supreme-judicial-court/1532932.html In

Did Personal Injury Litigation commence as a result of the injured riders in the 1968 roller coaster crash

According to the Standard Times article, “Attorney (and later judge) Rosalind Poll Brooker of New Bedford took the case….which was later taken over by an attorney from Boston….and once it was determined the track was faulty, they (Lincoln Park) settled,” said Souza.

If you are injured in a premises liability accident please contact a Massachusetts Personal Injury Attorney or a MA Amusement Park Personal Injury Lawyer as soon as possible.

What is “premises liability” under Massachusetts law?

In MA, Premises liability pertains to a diverse range of personal injury claims. These types of claims and lawsuits seek to hold a real estate owner or the person in possession of the real estate liable as a result of an accident causing injury to a person who was using the property. This type of claim includes “slip and fall” or “trip and fall” mishaps.

A Mass. real estate liability claim typically pertains to the owners or occupants failure to properly maintain the premises safely. The claim could also allege a failure to fix an unreasonably dangerous conditions on the property of which the defendant either knew or should have known about. A claim could result based on an allegations of failure to warn visitors of a known danger on the property which caused personal injury or death.

Premises liability is not just limited to falls on ice and snow but also includes: asbestos exposure, dog bites, mesothelioma, Inadequate security measures enabling assaults, Inadequately lit stair cases, stairway falls, falling merchandise, or hanging hazards, carbon monoxide leaks, iced entrance ways, slippery floors, electric shock due to exposed electric wiring.

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